Privacy Policy and Legal Notice

Privacy Policy

This Privacy Policy explains the nature, scope and purpose of the processing of personal data (referred to in the following as 'Data') within the context of our online service and related websites, features and content, as well as our external online presence, including our social media profile. (Collectively referred in the following to as 'Online service'). The terms that we use, including "Processing" or "Data Controller", refer to the definitions in Art. 4 General Data Protection Regulation (GDPR).

Types of data processed:

- Inventory data (e.g. names, addresses).

- Contact details (e.g. e-mail address, telephone number).

- Content data (e.g., text input, photographs, videos).

- Usage data (e.g., websites visited, interest in specific content, access times).

- Meta/Communication data (e.g., device information, IP addresses).

Purpose of processing

- To provide the online service and its functions and contents.

- To respond to contact requests and to communicate with users.

- For security measures.

- For promotion/marketing

Terms Used

'Personal Data' refers to any information that relates to an identified or identifiable natural person (referred to in the following as 'Data Subject'); a natural person is considered identifiable when he can be identified directly or indirectly, in particular, by means of assignment to an identifier, such as a name, identification number, location data, online identifier (e.g. cookie) or one or more special features that express the physical, physiological, genetic, mental, economic, cultural or social identity of said natural person.

'Processing' refers to any process performed with or without the aid of automated procedures or any such process associated with personal data. The term is far reaching and includes virtually every form of data handling.

'Data Controller' refers to the natural person or legal entity, public authority, body or other office that decides, alone or in concert with others, on the purpose and means of processing personal data.

'Personal Data' refers to any information relating to an identified or identifiable natural person (referred to in the following as 'Data Subject'); a natural person is considered identifiable when he can be identified directly or indirectly, in particular by means of assignment to an identifier, such as a name, identification number, location data, an online identifier (e.g. cookie) or one or more special features that express the physical, physiological, genetic, mental, economic, cultural or social identity of said natural person.

'Processing' refers to any process performed with or without the aid of automated procedures or any such process associated with personal data. The term is far reaching and includes virtually every form of data handling.

'Data Controller' refers to the natural person or legal entity, public authority, body or other office that decides, alone or in concert with others, on the purpose and means of processing personal data.

Name and address of the Data Controller

In terms of the General Data Protection Regulation and other national data protection laws of the member states and miscellaneous data protection regulations, the Data Controller is:

SPIER GmbH & Co. Fahrzeugwerk KG

Industriepark Bergheim

Schorlemerstraße 1

32839 Steinheim

Germany

Phone: +49 5233 945-0

Email: info(at)spier.de

Managing Director: Jürgen Spier (Graduate Engineer)

Legal Notice: https://www.spier.de/en_US/imprint.html

Website: https://www.spier.de/en_US/home.html

Contact details for our Data Protection Officer:

Thomas Werning

Afrikastraße 42

32791 Lage

Germany

Phone: +49 5232 6965 55-8

mail@werning.com

Security Measures

We request that you regularly inform yourself of the contents of our Privacy Policy. We amend our Privacy Policy as soon as changes to the data processing we undertake require it. We will inform you as soon as said amendments require your participation in any way (e.g. consent). or when any other personal notification is required.

General information about data processing

Extent of personal data processing

In principle, we only process personal data from our users insofar as it is necessary to provide a functioning website and our content and services. Processing personal data from our users only takes place regularly with the consent of the user. An exception applies in cases where prior consent cannot be obtained for current reasons and where processing the data is permitted by law. You can use our website without providing any personal data about yourself. If personal data is collected on our website (e.g. name, postal address, e-mail address or telephone number), it takes place on a voluntary basis wherever possible. We only process this personal data in accordance with the provisions of the General Data Protection Regulation. This Privacy Policy applies to our websites alone. If you are directed to other pages via links on our pages, then please inform yourself on these pages about how your data is handled.

In the sections on SPIER websites where you are asked to provide personal information, we only do so in order to increase the utility of the website, remain in contact with you and, if you wish, initiate a contract. Insofar as asked to provide personal data to establish contact, create content or amend the contractual relationship (inventory data), your personal data is used exclusively for establishing contact and/or executing the contract. The personal data you provide is treated confidentially and stored or processed solely within the framework of the relationship between you and SPIER and is not disclosed, sold or otherwise made available to third parties for marketing purposes without your prior consent. Under certain circumstances, however, our services may be transferred to third parties involved in order processing, such as business partners or IT service providers. When disclosing personal information to such third parties, we limit ourselves to the information required to provide the relevant service. This occurs while taking the measures required for data security into consideration. We will only share your personal information with third parties who have committed to protecting your data in accordance with applicable law. SPIER may also be required to disclose your data and related information by judicial or regulatory order. We also reserve the right to use your data to assert or defend against legal claims.

Legal basis for personal data processing

Art. 6 (1) (a) EU General Data Protection Regulation (GDPR) serves as legal basis insofar as we obtain the consent of the data subject for processing personal data.

Art. 6 (1) (b) General Data Protection Regulation (GDPR) serves as legal basis for processing the personal data required for executing a contract to which the data subject is party. This also applies to the processing operations required to perform pre-contractual actions.

Art. 6 (1) (c) General Data Protection Regulation (GDPR) serves as a legal basis insofar as processing personal data is required to fulfil a legal obligation to which our company is subject.

Art. 6 (1) (d) General Data Protection Regulation (GDPR) serves as a legal basis in the event that the vital interests of the data subject or another natural person require the processing of personal data.

Art. 6 (1) (f) General Data Protection Regulation (GDPR) serves as a legal basis if processing is required to safeguard the legitimate interests of our company or a third party, and if the interests, fundamental rights and freedoms of the data subject do not prevail over the primary interest.

Right to revoke

In accordance with Art. 7 (3) GDPR, you have the right to revoke any consent you grant with effect for the future.

Right to object

In accordance with Art. 21 GDPR, you can object to your data being processed in the future at any time. Your objection can be specifically directed against processing for the purposes of direct marketing.

Right to information

In accordance with Art. 15 GDPR, you can ask the Data Controller to confirm that we process personal data concerning your person. 

If this is the case, you can ask the Data Controller for details concerning the following information:

(1) The purposes for which your personal data is processed;

(2) The categories of personal data processed;

(3) The recipients or categories of recipients to whom the personal data relating to your person has been disclosed or is still being disclosed;

(4) The amount of time your personal data is planned to be stored for or, if specific information is not available, criteria for determining the duration of storage;

(5) The existence of the right to have personal data on your person rectified or deleted acc. to Art. 16 and 17 GDPR, the right to restricted processing by the Data Controller acc. to Art. 18 GDPR or the right to object to such processing; 

(6) The existence of the right of appeal to a supervisory authority;

(7) All information available on the data source if the personal data is not collected from the data subject;

(8) The existence of automated decision-making, including profiling under Article Art. 22 (1) and (4) GDPR, and, in these cases at least, sound information on the logic involved, and the scope and intended impact of said processing on the data subject.

You are entitled to request information about whether your personal data is transferred to a third country or international organisation. In this relation, you can request the appropriate guarantees in accordance with Art. 46 GDPR in connection with the transfer.

Right to data portability

You have the right to receive personal data that concerns your person that you provide to the Data Controller in a structured, standard and machine-readable format. You also have the right to transfer this data to another Data Controller without hindrance by the Data Controller to whom the personal data was provided, insofar as:

(1) Processing is subject to consent pursuant to Art. 6 (1) (a) GDPR or Art. 9 (2) (a) GDPR, or a contract pursuant to Art. 6 (1) (b) GDPR and,

(2) Processing is performed using automated procedures.

In exercising this right, you also have the right to effect that the personal data concerning your person is transferred directly from one Data Controller to another, insofar as this is technically feasible. This cannot affect the freedoms and rights of other persons.

The right to data portability does not apply when processing personal data is required to perform a task that is in the public interest or in exercising an official power which has been delegated to the Data Controller.

Cooperation with data processing companies and third parties

Within the context of data processing by our company, if we disclose data to other persons and companies (data processing companies or third parties), transfer data to them or otherwise grant them access to data, it will only take place subject to legal consent (e.g. if data transfer to third parties, such as payment service providers, is required in order to fulfil the contract pursuant to Art. 6 (1) (b) GDPR ), you have consented to it, a legal obligation requires it or transfer is based on our legitimate interests (e.g. the use of agents, web hosting parties, etc.). 

If we commission third parties to process data based on what is referred to as an 'Order Processing Agreement', this is carried out subject to Art. 28 GDPR.

Transfer to third countries

Insofar as we process data in a third country (i.e. outside of the European Union (EU) or European Economic Area (EEA)), or within the context of use by third-party services or the disclosure or transfer of data to third parties, it only takes place if it is required to fulfil our (pre-)contractual obligations, subject to your consent, subject to a legal obligation or our legitimate interests. Subject to legal or contractual permissions, we only process or have data processed in a third country when the special conditions of Art. 44 et seq GDPR exist. This means, for example, that processing takes place on the basis of special guarantees, such as the officially recognised level of data protection (e.g. through the 'Privacy Shield' for the USA) or compliance with officially recognised special contractual obligations (what are referred to as 'standard contractual clauses').

Data deletion and storage duration

Personal data concerning the data subject will be deleted or blocked as soon as the reason for storage no longer applies. Storage may also take place when provided for by the European or national legislator in the EU regulations, laws or other regulations to which the Data Controller is subject. The data is also blocked or deleted when a period of storage prescribed by the standards stated expires unless the data needs to be stored for longer in order to conclude or fulfil a contract.

Cookies, IP addresses and the right to object to direct mail

This website uses Matomo, an open source software for the statistical analysis of user hits.

Matomo uses what are referred to as cookies or small text files that are stored on your computer which facilitate the analysis of how you use of our website. Cookies are used to store various type of information. Most browsers are currently set by default to automatically accept cookies. However, you have the option to restrict the use of cookies by changing your browser settings. If you do not wish to have cookies stored on your computer, we kindly ask you to disable the appropriate option in the system settings in your browser. Cookies that have been saved can be deleted in the system settings in the browser. We recommend that you do not disable cookies, because they allow you to use several of the features on our website. If you choose to disable cookies, it may disable functions that are required on our website. The information generated by the cookie about your use of our website is stored on the provider's server in Germany. 

The following data is processed based on our legitimate interests (i.e. interest in the analysis, optimisation and commercial operation of our online service in terms of Art. 6 (1) (f) GDPR within the scope of the coverage analysis performed by Matomo: the type of browser you use and the browser version, the operating system you use, your country of origin, the date and time of the server request, the number of visits, how long you spent on the website and the external links you have clicked on. The user's IP address is anonymised before it is saved. Google Analytics uses 'cookies' that are stored on a user's computer and allow the user's use of our online service to be analysed. In doing so, pseudonymous usage profiles for users may be created from the processed data. The cookies are stored on the user's computer for a week. The information generated by the cookie on how you use our website is only stored on our server and is not passed on to third parties.

By clicking on the link below, users can object to Matomo collecting anonymised data at any time with effect for the future. In this case, what is referred to as an opt-out cookie is stored in your browser, with the result that Matomo no longer collects session data. If users delete the cookies on their computers, it also means that the opt-out cookie is deleted, and it therefore has to be reactivated by the user.

The log files containing the user's data are deleted after 6 months at the latest.

The general objection to the use of cookies for online marketing purposes is explained for a variety of services, and especially tracking, on the US website, http://www.aboutads.info/choices/, or the EU website http://www.youronlinechoices.com/. You can also stop cookies being stored by disabling them in the settings in your browser. Please note that if you do so, you may not be able to use all the features of this online service.

When visiting our website, IP addresses are recorded to analyse malfunctions, manage the website and obtain demographic characteristics. We also use IP addresses and other information you may have provided to us on this website, or on other occasions, to determine which web pages in our service you have accessed, and which topics are of interest to visitors. The IP address is anonymised immediately after processing and prior to saving.

Data Deletion

The data we process is deleted or limited in its processing pursuant to Art. 17 and 18 GDPR. Unless explicitly stated in this Privacy Policy, the data we store is deleted as soon as it is no longer required for the purpose it was collected and if its deletion does not breach any statutory storage obligations. Processing will be restricted if the data is not deleted when it is required for other and legitimate purposes. This means that the data is blocked and not processed for other purposes. This applies, for example, to data that has to be retained for business or tax reasons.

Pursuant to legal requirements in Germany, storage takes place specifically for a period of 6 years accordance with Sec. 257 (1) GCC (accounts, inventories, opening balance sheets, annual financial statements, commercial correspondence, accounting documents, etc.) and for 10 years in accordance with Sec 147 (1) Revenue Code (AO) (books, records, management reports, accounting documents, commercial and business letters, documents relevant to taxation, etc.). 

Hosting

The hosting services we use serve to provide the following services, infrastructure and platform services, computing capacity, storage and database services, security services, and technical maintenance services that we use to operate this online service.

As a part of this service, we, or our hosting provider, process inventory data, contact data, content data, contract data, usage data, meta and communications data from customers, interested parties and visitors to this online service based on of our legitimate interests in providing this online service in an efficient and secure manner pursuant to Art. 6 (1) (f) GDPR in conjunction with Art. 28 GDPR (Conclusion of an Order Processing Agreement).

Collecting access data and log files

Based on our legitimate interests in terms of Art. 6 (1) (f) GDPR, we, or our hosting provider, collect data every time the server on which this service is located is accessed (server log files). This access data includes the name of the website accessed, the file accessed, the date and time of access, the volume of data transferred, notification of successful access, the browser type and version, the user’s operating system, the referring URL (previously visited site), the IP address and the querying provider.

Log file data is stored for security reasons (e.g. to investigate abusive or fraudulent activities) for a maximum of 7 days and then deleted. Data that needs to be retained for purposes of evidence is exempted from deletion until the incident is ultimately clarified.

Administration, financial accounting, office organisation, contact management

We process data in the context of administrative tasks, the organisation of our business, financial accounting and compliance with our legal obligations, such as archiving. In doing so, we process the same data we process in the course of rendering our contractual services. The principles of processing are addressed in Art. 6 (1) (c) GDPR and Art. 6 (1) (f) GDPR. Processing concerns customers, prospective customers, interested parties, business partners and website visitors. The purpose and interest in processing lies in administration, financial accounting, office organisation and data archiving, i.e., tasks that serve for maintaining our business, performing our tasks and providing our services. The deletion of the data in terms of contractual performance and contractual communication corresponds to the information provided during these processing activities.

In doing so, we disclose or transfer data to our financial administration, consultants, such as tax advisers or auditors, and other fee agents and payment service providers.

We also store information on suppliers, organisers and other business partners subject to our business interests, e.g. in order to establish contact in future. We generally store most of this company-related data permanently.

Data privacy statements and the employment application process

We only process applicant data for the purpose and in the context of the employment application process and in accordance with the legal requirements. The processing of applicant data takes place in order to fulfil our (pre-)contractual obligations in the context of the employment application process in terms of Art. 6 (1) (b) GDPR and Art. 6 (1) (f) GDPR, insofar as we need to perform data processing, such as in the context of legal proceedings (Sec. 26 DPA also applies in Germany).

The employment application procedure requires that applicants provide us with applicant data. Insofar as we offer an online form, the applicant data required is flagged, and otherwise results from the job descriptions and generally includes information on the person, and their postal and contact addresses, and application documents, such as covering letter, CV and qualification certificates. Applicants can also provide us with additional information on a voluntary basis.

By submitting an application to us, applicants agree to their data being processed for the purposes of the application procedure in accordance with the nature and scope set out in this Privacy Policy.

Insofar as special categories of personal data in terms of Art. 9 (1) GDPR are communicated voluntarily within the scope of the application procedure, processing these categories is also carried out pursuant to Art. 9 (2) (b) GDPR (e.g. health data, such as data on disabilities or ethnic origin). Insofar as special categories of personal data in terms of Art. 9 (1) GDPR are requested from applicants within the scope of the application procedure, processing these categories is also carried out pursuant to Art. 9 (2) (a) GDPR (e.g. health data, if required for exercising the profession).

Insofar as available, applicants can submit their applications to us using the online form on our website. The data is encrypted and transferred to us using the state-of-the-art.

Applicants can also send us their applications by email. Please note, however, that generally emails are not sent in encrypted form and that applicants should provide for encryption themselves. This means that we take no responsibility for the transfer of the application between the sender and its receipt on our server and thus recommend using the online form, if available, or delivery by post. Applicants still have the option of sending us their application by post instead of applying by email or over the online form.

We may enhance the data provided by applicants for employment purposes in the event that the applicant succeeds in their application for employment. Applicants' data will otherwise be deleted if the employment application is unsuccessful. Applicants' data will also be deleted if an application is withdrawn, which applicants are entitled to so at any time.

Deletion is subject to legitimate withdrawal by the applicant once a period of six months expires, so that we can answer any follow-up questions to the application and comply with our obligations under the General Act on Equal Treatment (AGG). Invoices for the reimbursement of any travel expenses are archived in accordance with the tax code.

Establishing Contact

When establishing contact with us (e.g. over our contact form, by email, telephone or social media), the information the user provides is processed in accordance with Art. 6 (1) (b) GDPR for the purpose of processing and handling the contact request. The information the user provides us with may be stored in a customer relationship management system (CRM system) or comparable enquiry organisation system.

We delete requests and enquiries once they are no longer needed. We check this requirement every two years; the statutory archiving requirements also apply.

Newsletter

We use the information below to inform you about the contents of our newsletter and subscription, delivery and statistical analyses procedures and your right to unsubscribe. By subscribing to our newsletter, you agree to receive our newsletter and to the procedures described.

Contents of the newsletter: we only send out newsletters, emails and other electronic notifications containing promotional information (referred to below as ‘Newsletter’) with the consent of the recipient or with legal permission. Insofar as the contents of a newsletter are described specifically when a user subscribes to it, they are binding with regard to the consent granted by the user. In all other cases, our newsletter contains information about our services and our company.

Double opt-in and logging: subscribing to our newsletter takes place using what is referred to as the double opt-in procedure. This means that you receive an email after subscribing asking you to confirm your subscription. Confirmation is mandatory to ensure that nobody subscribes to the newsletter in your name with an email address that is not yours. Subscription to the newsletter is logged to prove that the subscription process has taken place in line with the legal requirements. This includes storing the time at which subscription and confirmation took place, as well as the IP address. Likewise, changes to data stored on your person with the mailing service provider is also logged.

Subscription data: to subscribe to the newsletter, you only need to provide your email address. We also ask you to provide a name as an option, so that we can address you personally in the newsletter.

Germany: the delivery of the newsletter and its related performance measurement is based on the consent granted by the recipient in accordance with Art. 6 (1) (a) and Art. 7 GDPR in conjunction with Sec. 7 (2) (3) Unfair Competition Act (UWG) based on statutory permission pursuant to Sec. 7 (3) UWG.

The logging of the subscription process is based on our legitimate interests in accordance with Art. 6 (1) (f) GDPR. Our interest lies in operating a user-friendly and secure newsletter system, which serves both our business interests and the expectations of our users and also allows us to prove that consent has been granted.

Cancellation/Revocation - you can cancel your subscription to our newsletter at any time, i.e. revoke your consent. A link to unsubscribe from the newsletter can be found at the end of each newsletter. Based on our legitimate interests, we may save email addresses submitted for up to a period of three years prior to deleting them in order to be able to prove that consent was previously granted. Processing this data is limited to the purpose of a possible defence against claims. An individual request for deletion can be submitted at any time, provided that the existence of previous consent is confirmed at the same time.

Newsletter mailing service provider

The newsletter is sent out by the mailing service provider CleverReach GmbH & Co. KG, Mühlenstr. 43, 26180 Rastede, Germany. We use the mailing service provider based on our legitimate interests according to Art. 6 (1) (f) GDPR and an order processing agreement according to Art. 28 (3) (1) GDPR.

The mailing service provider is allowed to use the recipient's data in a pseudonymous form, i.e. without assignment to a user, in order to optimise or improve their own services, e.g. for technical optimisation of the mailing service, to display the newsletter or for statistical purposes. However, neither does the mailing service provider use the data from our newsletter recipients for their own activities, nor do they pass the data on to third parties.

Newsletter success measurement

Our newsletter contains what is referred to as a 'web beacon', i.e. a pixel-sized file that is retrieved from our server when the newsletter is opened, or, insofar as we use a mailing service provider, from their server. Technical information, such as information about your browser and system, and your IP address and the time of retrieval, is collected in the first instance when the newsletter is opened.

This information is used to improve the technical performance of our services based on the technical data or the target groups and their reading habits, based on their retrieval locations (which can be determined using the IP address) or access times. The statistical surveys performed also include determining if the newsletters are opened, when they are opened, and which links are clicked on. Even though this information can be assigned to individual newsletter recipients for technical reasons, it is neither our aim nor that of the mailing service provider, insofar as one is used, to track individual users. These evaluations serve much more to allow us to determine the reading habits of our users and adapt our content to them or send them different content according to their interests.

Online presence on social media

We maintain an online presence on social networks and platforms in order to communicate with customers, prospective customers, interested parties and users who are active there and inform them about our services. When accessing these networks and platforms, the terms and conditions and data processing policies of the respective operators apply.

Unless otherwise stated in our Privacy Policy, we process users' data when they communicate with us from within social networks and platforms, e.g. write posts within our online presence or send us messages.

Inclusion of services and content from third parties

Based on our legitimate interests (i.e. interest in the analysis, optimisation and commercial operation of our online service in terms of Art. 6 (1) (f) GDPR), we make use of content or services offered by third-party providers in order to include their content and services, such as videos or fonts (collectively referred to as 'Content'). 

Hosts

We use the following third parties for content and service offerings in our online service based on our legitimate interests:

fast.fonts.com

fast.fonts.net

piwik.21torr.com

This always presupposes that the third-party providers of this content detect the IP addresses of users, since they would not be able to send their content to their browsers without the IP address. This means that the IP address is needed to display such content. We make every effort to use the type of content where the supplier only uses the IP address for the purpose of delivering the content. Third parties may also use what are referred to as pixel tags (invisible graphics, also referred to as 'web beacons') for statistical or marketing purposes. These 'pixel tags' can be used to analyse information, such as visitor traffic on the pages of this website. This pseudonymous information may also be stored in cookies on the user's device and may include, but not be limited to, technical information about the browser and operating system, referring web pages, time of the visit and other information regarding the use of our online service.

YouTube

We include videos from the online platform 'YouTube' from the provider Google LLC. 1600 Amphitheatre Parkway Mountain View, CA 94043, USA on our website. Privacy Policy: https://www.google.com/policies/privacy/, Opt-out: https://adssettings.google.com/authenticated.

Created with Datenschutz-Generator.de from Dr. Thomas Schwenke (lawyer)

Liability for links

Our website contains links to external websites over which we have no influence. For this reason, we cannot accept liability for third-party content. The respective provider or operator of any linked website is the sole party responsible for its contents. These websites were checked for possible legal violations at the time of linking. They contained no apparent illegal content at that time. Any permanent control of linked pages is unreasonable without any concrete evidence of a violation. We will immediately remove said links on being notified of such violations.

Legal Notes

All rights reserved. The information on this website is the property of Spier GmbH & Co. Fahrzeugwerk KG. It was up-to-date at the time of publication. Liability or a guarantee for the timeliness, accuracy and completeness of the information and data provided is excluded.

Under no circumstances does the information provided on this website constitute legal assurances. Spier GmbH & Co. Fahrzeugwerk KG reserves the right to make changes or additions to the information or data provided if it is deemed necessary. No legal claims can be derived from the subject areas described here. Offers are non-binding in all their parts. 

Spier GmbH & Co. Fahrzeugwerk KG accepts no liability for any direct or indirect damage resulting from the use of the information or data found on this website. No rights and obligations exist between Spier GmbH & Co. Fahrzeugwerk KG and the user of this website or third parties.

The contents of the Spier GmbH & Co. Fahrzeugwerk KG website are protected by copyright. These contents are not allowed to be reproduced and/or published in whole or in part, or stored in any information system, without the prior written consent of the author.

All information or data, its use and all actions that relate to the website of Spier GmbH & Co. Fahrzeugwerk KG is subject to German law alone. Place of performance and exclusive jurisdiction is Brakel.

As part of our duty to publish a legal notice, we hereby expressly prohibit third-parties from using the contact data published on this website for sending unsolicited advertisements and information material. The operators of these pages reserve the express right to take legal steps in the event of unsolicited promotional information being sent, such as spam emails.

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