PRIVACY POLICY
As of November 17, 2023
Who We Are
The controller within the meaning of the General Data Protection Regulation (GDPR) and other data protection regulations is:
Scherbaum Project GmbH
Tölzer Str. 5
82031 Grünwald
Germany
Tel: 089 6490610
Email: datenschutz@scherbaumag.de
Website: www.scherbaumag.de
Contacting the Data Protection Officer
The data protection officer of the controller is:
DataCo GmbH
Dachauer Str. 65
80335 Munich
Germany
Tel: +49 89 7400 45840
Website: www.dataguard.de
On this page, we inform you about the processing of your personal data on the website.
How we collect and use your personal data depends on how you interact with us or which services you use. We collect, use, or share your personal data only if we have a legitimate purpose and a legal basis for doing so.
What Do We Mean by Legal Basis?
Consent (Article 6(1)(a) GDPR)
You have given us your consent to process your personal data for the specific purpose we have explained to you. You have the right to withdraw your consent at any time. Further information on how you can withdraw your consent can be found in the subsections “Exercise of your Rights” in the following sections of this privacy policy.
Contract (Article 6(1)(b) GDPR)
We must use your data to fulfill a contract you have with us. Alternatively, it is necessary to use your data because you requested it or took certain steps before entering into this contract.
Legal Obligation (Article 6(1)(c) GDPR)
We must use your data in order to comply with the law.
Vital Interests (Article 6(1)(d) GDPR)
The processing of your data is necessary to protect your vital interests or those of another person. For example, to safeguard you from severe bodily harm.
Public Task (Article 6(1)(e) GDPR)
The processing of your data is necessary for the performance of a task carried out in the public interest or in the exercise of official authority, for example, for a statutory function.
Legitimate Interests (Article 6(1)(f) GDPR)
The processing of your data is necessary to support a legitimate interest pursued by us or a third party, provided that your own interests do not override those interests.
Please note that we may not be able to provide you with our website services if your data is processed to fulfill a contract or legal obligation and you do not provide the requested data.
Sharing of Data and International Transfer
As explained in this privacy policy, we engage various service providers who assist us in delivering our services and ensuring the security of your data. When we use these service providers, it is necessary for us to share your personal data with them.
We have entered into agreements with all service providers to whom we transfer your data that require them to protect your data.
If your personal data is transferred outside the EU, we ensure that it receives an equivalent level of protection—either because the country to which your data is transferred has an “adequate” data protection standard as determined by the European Commission, or by applying another safeguard such as an extended contractual arrangement (i.e. the Standard Contractual Clauses (SCCs) adopted by the European Commission).
For example, if we use US-based service providers, depending on the provider, we rely either on the SCC or on the EU-US Data Privacy Framework. You may request a copy of the SCCs that we have concluded with our service providers by sending an email to the address provided in this privacy policy.
Your Rights
When your personal data is processed, you are a data subject under the GDPR, and you have the following rights vis-à-vis the controller:
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The Right of Access (Article 15 GDPR)
You have the right to request from us confirmation as to whether your personal data is being processed. If this is the case, you have the right to access that data and to receive the following information:-
The purposes of the processing
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The categories of personal data concerned
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The recipients or categories of recipients
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The planned duration of storage or, if that is not possible, the criteria used to determine that period
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The existence of the rights to rectification, deletion, or restriction of processing, or to object
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The right to lodge a complaint with a supervisory authority
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Where applicable, the source of the data (if not collected directly from you)
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Where applicable, the existence of automated decision-making, including profiling, and meaningful information about the logic involved as well as the significance and expected consequences of such processing
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Where applicable, the transfer of your personal data to a third country or an international organization
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The Right to Rectification (Article 16 GDPR)
If your personal data is incorrect or incomplete, you have the right to request an immediate correction or completion of your personal data. -
The Right to Restriction of Processing (Article 18 GDPR)
If one of the following conditions applies, you have the right to request a restriction of the processing of your personal data:-
You contest the accuracy of your personal data, for a period that allows us to verify the accuracy.
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In the context of unlawful processing, you refuse the deletion of your personal data and instead request that its use be restricted.
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We no longer need your personal data for the purposes of processing, but you require it for the assertion, exercise, or defense of legal claims.
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After you have objected to the processing, for the duration of the review to determine whether our legitimate interests override your interests.
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The Right to Erasure (“Right to be Forgotten”) (Article 17 GDPR)
If one of the following reasons applies, you have the right to request the immediate deletion of your personal data:-
Your data is no longer necessary for the purposes for which it was originally collected.
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You withdraw your consent and there is no other legal basis for the processing.
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You object to the processing and there are no overriding legitimate grounds for the processing, or you object pursuant to Article 21(2) GDPR.
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Your personal data is being processed unlawfully.
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Deletion is necessary to comply with a legal obligation under Union law or the law of a Member State to which we are subject.
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The personal data was collected in relation to the provision of information society services in accordance with Article 8(1) GDPR.
Please note that the above reasons do not apply if the processing is necessary for:
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Exercising the right to freedom of expression and information;
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Complying with a legal obligation or performing a task carried out in the public interest to which we are subject;
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For reasons of public interest in the area of public health;
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For archiving purposes in the public interest, scientific or historical research purposes, or statistical purposes;
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For the establishment, exercise, or defense of legal claims.
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The Right to Data Portability (Article 20 GDPR)
You have the right to receive your personal data in a structured, commonly used, and machine-readable format, or to request the transfer of your data to another controller. -
The Right to Object to Certain Data Processing (Article 21 GDPR)
You have the right to object at any time, on grounds relating to your particular situation, to the processing of your personal data based on Article 6(1)(e) or (f) GDPR, including profiling based on these provisions.
If your personal data is processed for the purpose of direct marketing, you have the right to object at any time to such processing; this also applies to profiling insofar as it is related to such direct marketing. -
The Right to Lodge a Complaint with a Supervisory Authority
Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority if you believe that the processing of your personal data violates the GDPR. The supervisory authority with which the complaint is filed will inform you about the status and outcome of the complaint, including the possibility of a judicial remedy under Article 78 GDPR.
Provision of the Website and Creation of Log Files
1. Description and Scope of Data Processing
With each visit to our website, our system automatically collects data and information from the computer system of the device accessing the site. The following data is collected in the process:
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Information about the browser type and its version
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The user’s operating system
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The user’s Internet service provider
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Date and time of access
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Websites from which the user’s system accessed our website
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Websites that are accessed by the user’s system via our website
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Location
These data are stored in the log files of our system. They are not stored together with other personal data of the user.
2. Purpose of Data Processing
The temporary storage of the IP address by the system is necessary to deliver the website to the user’s computer. For this purpose, the user’s IP address must be stored for the duration of the session.
Storage in log files is carried out to ensure the functionality of the website. Additionally, these data help us to optimize the website and to ensure the security of our IT systems. Analysis of the data for marketing purposes does not take place in this context.
3. Legal Basis for Data Processing
The legal basis for the temporary storage of data and log files is Article 6(1)(f) GDPR.
4. Duration of Storage
The data will be deleted as soon as they are no longer necessary for achieving the purpose for which they were collected. In the case of data collected for the provision of the website, this is when the respective session ends.
For data stored in log files, this is the case after a maximum of seven days. Extended storage is possible; in such cases, the users’ IP addresses are deleted or anonymized so that assignment to the individual client is no longer possible.
5. Exercise of Your Rights
The collection of data for the provision of the website and the storage of data in log files is essential for the operation of the website. The user may object; whether such an objection is successful is determined through a balancing of interests.
Use of Cookies
1. Description and Scope of Data Processing
When you visit our website, we use technical means for various functions, particularly cookies that may be stored on your device. Upon accessing our website—and at any time thereafter—you have the choice whether to generally allow cookies or to select which individual additional functions you wish to enable. You can change these settings in your browser or via our consent manager.
Cookies are text files or pieces of information stored in a database on your hard drive and assigned to the browser you use, so that the entity setting the cookie can receive certain information. Below, we describe the types of cookies we use:
We use technically necessary cookies that are required for the technical functioning of the website. Without these cookies, our website cannot be displayed (completely correctly) or its support functions cannot be provided.
The technically necessary cookies store and transmit the following data:
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Frequency of page views
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Usage of website functions
On our website, we also use cookies that are not technically necessary. Technically non-essential cookies are considered to be text files that do not solely serve the functionality of the website but also collect other data.
By setting technically non-essential cookies, the following data is processed:
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IP address
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Location of internet users
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Date and time of access to the website
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Tracking of browsing behavior
2. Purpose of Data Processing
The purpose of using technically necessary cookies is to ensure the functionality of our website. Some functions of our website cannot be offered without the use of cookies; for these, it is necessary that the browser is recognized again even after a page change.
For the following applications, we require technically necessary cookies:
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Functionality of the website
The use of technically non-essential cookies is aimed at improving the quality of our website, its content, and thereby our reach and economic efficiency. By setting these cookies, we learn how the website is used and can continually optimize our offerings. In particular, these cookies serve the following purposes:
Technically non-essential cookies are used for statistics and for expanding the website through applications such as “Google Maps” or “Wix Forms & Payments.”
3. Legal Basis for Data Processing
For the storage of information on the end user’s device and/or access to information already stored on that device, the provisions of the Telecommunications-Telemedia Data Protection Act (TTDSG) apply.
If setting and reading cookies is technically necessary, this is done to ensure the functionality of our website. In this case, the storage of and access to cookies on your device is based on Section 25(2) No. 2 TTDSG. This storage and access serve to facilitate your use of our website and to provide you with our services as you have requested. Some functions of our website do not work without these cookies and therefore could not be offered.
Cookies are generally deleted after the end of the session (e.g. logging out or closing the browser) or after a predetermined period. Information about different storage durations for cookies can be found in the following sections of this privacy policy.
Where cookies that are not technically necessary are used, this is done on the basis of your explicit consent, which you can give via the cookie banner. The legal basis for storing and accessing information in this case is Section 25(1) TTDSG in conjunction with Article 6(1)(a) and Article 7 GDPR. You can withdraw your consent at any time with effect for the future or subsequently grant it again by configuring your cookie settings accordingly. Alternatively, you can prevent the storage of cookies by adjusting the settings in your browser software. Please note that such settings apply only to the browser you are using.
If personal data is processed as a result of storing and accessing information on your device, the provisions of the GDPR apply. Further information on this can be found in the following sections of this privacy policy.
4. Exercise of Your Rights
You can withdraw your consent to the use of cookies at any time and manage your consent preferences at the following link:
scherbaumag.de
Email Contact
1. Description and Scope of Data Processing
On our website, contact via the provided email address is possible. In such cases, the personal data transmitted with the email is stored. This data is used exclusively for processing the conversation.
2. Purpose of Data Processing
In the event of contact via email, there exists a legitimate interest in processing the data necessary to optimally respond to your inquiry.
3. Legal Basis for Data Processing
The legal basis for processing the data transmitted in an email is Article 6(1)(f) GDPR. Our legitimate interest is to answer your inquiry optimally. If the email contact is aimed at concluding a contract, then an additional legal basis for processing is Article 6(1)(b) GDPR.
4. Duration of Storage
The data will be deleted as soon as it is no longer necessary for the purpose for which it was collected. For personal data transmitted via email, this is the case when the respective conversation with the user is concluded—that is, when it is apparent from the circumstances that the matter in question has been finally resolved.
Any additional personal data collected during the sending process will be deleted after a maximum period of seven days.
5. Exercise of Your Rights
If you contact us by email, you may object to the storage of your personal data at any time. In such a case, the conversation cannot be continued. All personal data stored during the contact will then be deleted.
Contact Form
1. Description and Scope of Data Processing
Our website features a contact form that can be used for electronic contact. If a user utilizes this option, the data entered in the input fields is transmitted to us and stored.
At the time of sending the message, the following data is stored:
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Email address
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Last name
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First name
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Company
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IP address of the device accessing the website
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Date and time
2. Purpose of Data Processing
The processing of personal data from the contact form or via the provided email address is solely for handling your contact request.
Any other personal data processed during the sending process is used to prevent abuse of the contact form and to ensure the security of our IT systems.
3. Legal Basis for Data Processing
The legal basis for processing the data transmitted in an email is Article 6(1)(f) GDPR. Our legitimate interest is to optimally respond to your inquiry submitted via the contact form. If the email contact is aimed at concluding a contract, then an additional legal basis is Article 6(1)(b) GDPR.
4. Duration of Storage
The data will be deleted as soon as it is no longer necessary for achieving the purpose for which it was collected. For personal data from the contact form and that transmitted via email, this is the case when the respective conversation with the user is concluded—that is, when it is evident that the matter has been finally resolved.
Any additional personal data collected during the sending process will be deleted after a maximum period of seven days.
5. Exercise of Your Rights
If you contact us via the contact form, you may object to the storage of your personal data at any time in the following manner:
For withdrawal, please contact us.
All personal data stored during the contact will then be deleted.
Hosting
The website is hosted on servers provided by a service provider commissioned by us.
Our service provider is:
Wix.com Ltd.
40 Namal Tel Aviv Street,
Tel Aviv 6701101,
Israel
Further information about the processing of personal data by Wix.com can be found at:
https://www.wix.com/about/privacy
The servers automatically collect and store information in so-called server log files, which are automatically transmitted by your browser when you visit the website. The stored information includes:
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Information about the browser type and its version
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The user’s operating system
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The user’s Internet service provider
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Date and time of access
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Websites from which the user’s system accessed our website
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Websites that are accessed by the user’s system via our website
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Location
These data are not merged with other data sources. The collection of this data is based on Article 6(1)(f) GDPR. Our legitimate interest in processing this data is to display our website error-free and to optimize its functions.
The server hosting the website is geographically located in Germany.
Geotargeting
We use the IP address and other information provided by the user (in particular, the postal code provided during registration or ordering) for regional targeting (so-called “geotargeting”).
Regional targeting is used, for example, to automatically display regional offers or advertising that are often more relevant for users. The legal basis for using the IP address and, if applicable, other information provided by the user (especially the postal code) is Article 6(1)(f) GDPR, based on our interest in ensuring more precise targeting and thereby providing offers and advertising of higher relevance to users.
In doing so, part of the IP address and the additional information provided by the user (in particular, the postal code) is only read and not stored separately.
You can prevent geotargeting by, for example, using a VPN or proxy server which prevents precise localization. Additionally, depending on your browser, you may disable location tracking in your browser settings (if supported).
We use geotargeting on our website for the following purpose:
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Customer targeting
Integrated Third-Party Services
We use various service providers to deliver the services offered on the website.
In general, we have a legitimate interest in sharing your data with the respective service providers if these services are essential for providing the basic service offered on the website.
If such services are required for additional functions, enhanced features, or additional purposes, your personal data will only be transferred to these service providers if you give your consent.
You can withdraw your consent to the use of integrated third-party services at any time and manage your consent settings here:
scherbaumag.de
Use of Google Maps
1. Scope of Processing of Personal Data
We use the online mapping service Google Maps provided by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA, and its representative in the EU, Google Ireland Ltd., Gordon House, Barrow Street, D04 E5W5, Dublin, Ireland (hereinafter: “Google”). We use the Google Maps plugin to visually display geographic data and to embed it in our online presence. By using Google Maps on our website, information about the use of our online presence, your IP address, and addresses entered in the route planning function are transmitted to a Google server and stored there.
For further information on the processing of data by Google, please refer to:
https://policies.google.com/privacy?gl=DE&hl=de
2. Purpose of Data Processing
The use of the Google Maps plugin is intended to improve user-friendliness and to provide an appealing presentation of our online presence.
3. Legal Basis for Processing Personal Data
The legal basis for processing the personal data of users is generally the consent of the user pursuant to Article 6(1)(a) GDPR.
4. Duration of Storage
Your personal information will be stored for as long as is necessary to fulfill the purposes described in this privacy policy or as required by law.
5. Exercise of Your Rights
You have the right to revoke your data protection consent at any time. The revocation of consent does not affect the lawfulness of the processing carried out on the basis of consent prior to its withdrawal.
You can prevent the collection and processing of your personal data by Google by blocking third-party cookies on your computer, using the “Do Not Track” function of a supported browser, disabling the execution of script code in your browser, or by installing a script blocker such as NoScript (https://noscript.net/) or Ghostery (https://www.ghostery.com) in your browser.
You can disable the use of your personal data by Google using the following link:
https://adssettings.google.de
For further information on objection and deletion options regarding Google, please refer to:
https://policies.google.com/privacy?gl=DE&hl=de
Use of Google ReCaptcha
1. Scope of Processing of Personal Data
We use Google ReCaptcha provided by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA, and its representative in the EU, Google Ireland Ltd., Gordon House, Barrow Street, D04 E5W5, Dublin, Ireland. This tool is used to verify that data entry is legitimate and not performed by a bot. For this purpose, Google ReCaptcha analyzes and authenticates the behavior of a visitor to our website with regard to various characteristics. Consequently, personal data may be stored and analyzed, in particular the user’s activity (such as mouse movements and which elements were clicked) and device and browser information (including time, IP address, and operating system).
The data is not linked with data that may be collected or used in connection with authenticated Google services such as Gmail.
For further information on the processing of data by Google, please refer to:
https://policies.google.com/privacy?gl=DE&hl=de
2. Purpose of Data Processing
The use of Google ReCaptcha is intended to protect our website from abusive usage.
3. Legal Basis for Processing Personal Data
The legal basis for processing the personal data of users is generally the consent of the user pursuant to Article 6(1)(a) GDPR.
4. Duration of Storage
Your personal information will be stored for as long as is necessary to fulfill the purposes described in this privacy policy or as required by law (for example, for tax and accounting purposes).
5. Exercise of Your Rights
You have the right to revoke your data protection consent at any time. The revocation of consent does not affect the lawfulness of the processing carried out on the basis of consent prior to its withdrawal.
You can prevent the collection and processing of your personal data by Google by blocking third-party cookies on your computer, using the “Do Not Track” function of a supported browser, disabling script execution in your browser, or installing a script blocker such as NoScript (https://noscript.net/) or Ghostery (https://www.ghostery.com) in your browser.
You can disable the use of your personal data by Google using the following link:
https://adssettings.google.de
For further information on options to object or eliminate the use of your data by Google, please refer to:
https://policies.google.com/privacy?gl=DE&hl=de
Use of LinkedIn
1. Scope of Processing of Personal Data
We use features of the LinkedIn network. The provider is LinkedIn Ireland Unlimited Company, Wilton Place, Dublin 2, Ireland (hereinafter “LinkedIn”). Each time you access one of our pages that contains LinkedIn features, a connection is established to LinkedIn servers.
LinkedIn is informed that you have visited our website with your IP address. If you click the “Recommend” button on LinkedIn and are logged into your LinkedIn account, LinkedIn may associate your visit to our website with you and your user account. Consequently, personal data may be stored and analyzed, particularly regarding your activity (specifically which pages were visited and which elements were clicked) as well as device and browser information (in particular, your IP address and operating system).
Please note that, as the provider of the pages, we have no knowledge of the content of the data transmitted or its use by LinkedIn.
For further information on the processing of data by LinkedIn, please refer to:
https://www.linkedin.com/legal/privacy-policy
2. Purpose of Data Processing
The use of the LinkedIn plugin is intended to enhance the user-friendliness of our online presence.
3. Legal Basis for Processing Personal Data
The legal basis for processing the personal data of users is generally the consent of the user pursuant to Article 6(1)(a) GDPR.
4. Duration of Storage
Your personal information will be stored for as long as necessary to fulfill the purposes described in this privacy policy or as required by law (for example, for tax and accounting purposes).
5. Exercise of Your Rights
You have the right to revoke your data protection consent at any time. The revocation of consent does not affect the lawfulness of the processing carried out on the basis of consent prior to its withdrawal.
You can prevent the collection and processing of your personal data by LinkedIn by blocking third-party cookies on your computer, using the “Do Not Track” function of a supported browser, disabling script execution in your browser, or by installing a script blocker such as NoScript (https://noscript.net/) or Ghostery (https://www.ghostery.com) in your browser. Furthermore, you can prevent transmission by logging out of your LinkedIn account before accessing our website.
You can disable the use of your personal data by LinkedIn using the following link:
https://www.linkedin.com/psettings/guest-controls
For further information on options to object to or eliminate the use of your data by LinkedIn, please refer to:
https://www.linkedin.com/legal/privacy-policy
This privacy policy was created with the support of DataGuard.