Privacy policy
Thank you for your interest in our company. We take data protection seriously. You can generally use our website without providing any personal data. If a data subject wishes to use services of our company via our website, processing of personal data may become necessary. If the processing of personal data is required and there is no legal basis for such processing, we will always obtain the consent of the data subject.
The processing of personal data (e.g. the name, address, email address or telephone number of a data subject) is always carried out in accordance with the General Data Protection Regulation (GDPR) and in compliance with the country-specific data protection regulations applicable to us.
With the following privacy policy, we would like to inform the public about the type, scope and purpose of the personal data we collect, use and process. Data subjects are also informed by this privacy policy of the rights to which they are entitled.
As the controller responsible for processing, we have implemented numerous technical and organizational measures to ensure the most complete protection possible of personal data processed via our website. However, data transmissions over the Internet can generally have security gaps. A 100% protection cannot therefore be guaranteed. For this reason, any data subject is free to transmit personal data to us by alternative means, e.g. by telephone.
1. Definitions
This privacy policy is based on the terms used by the European legislator when adopting the GDPR (Article 4 GDPR). This privacy policy should be easy to read and understand for everyone. To ensure this, we would like to explain the terminology used in advance. In this privacy policy, among other things, the following terms are used:
“personal data” means any information relating to an identified or identifiable natural person (hereinafter “data subject”); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;
data subject” means any identified or identifiable natural person whose personal data are processed by the controller.
“processing” means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction;
“restriction of processing” means the marking of stored personal data with the aim of limiting their processing in the future;
“profiling” means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location or movements;
“controller” means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law;
“recipient” means a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing;
“third party” means a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorized to process personal data;
“consent” of the data subject means any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.
2. Name and contact details of the controller
These data protection notices apply to data processing by:
Controller: TOM GmbH & Co. KG, represented by the Managing Director Mr. Anton Majerle, email info@tomcase.de, phone: +49 (0) 7543 965 49 69
3. Collection and storage of personal data and the nature and purpose of their use
a) When visiting the website
You can generally use our website without disclosing your identity. When you access our website, the browser used on your device automatically sends information to the server of our website. This information is temporarily stored in a so-called log file. The following information is collected without your intervention and stored until it is automatically deleted:
· IP address of the requesting computer,
· Date and time of access,
· Name and URL of the file retrieved,
· Website from which the access is made (referrer URL),
· browser used and, if applicable, the operating system of your computer as well as the name of your access provider.
The data mentioned are processed by us for the following purposes:
· Ensuring a smooth connection to the website,
· Ensuring a comfortable use of our website,
· Evaluation of system security and stability, and
· for further administrative purposes.
The legal basis for data processing is Art. 6 para. 1 sentence 1 lit. f GDPR. Our legitimate interest follows from the purposes listed above for data collection. Under no circumstances do we use the collected data for the purpose of drawing conclusions about your person.
In addition, we use cookies and analytics services when you visit our website. For more details, please refer to sections 5 and 7 of this privacy policy.
b) When using our contact form
For any kind of questions, we offer you the opportunity to contact us via a form provided on our website. A valid email address is required so that we know who the inquiry is from and can respond to it. Further information can be provided voluntarily. It is your free decision whether you wish to enter this data in the contact form.
Data processing for the purpose of contacting us is carried out in accordance with Art. 6 para. 1 sentence 1 lit. a GDPR on the basis of your voluntary consent.
The personal data collected by us for the use of the contact form will be automatically deleted after the request you have made has been dealt with.
c) When placing orders via our website
Via our website you can place orders either as a guest without registering or register in our shop as a customer for future orders. Registration offers you the advantage that, in the event of a future order, you can log into our shop directly with your email address and password without having to enter your contact details again.
Your personal data are entered into an input mask and transmitted to us and stored. If you place an order via our website, we initially collect the following data both in the case of a guest order and in the case of registration in the shop:
· Title, first name, last name,
· a valid email address,
· address,
· telephone number (landline and/or mobile)
This data is collected in order to
· identify you as our customer;
· process, fulfill and manage your order;
· correspond with you;
· issue invoices;
· handle any existing liability claims and assert any claims against you;
· ensure the technical administration of our website;
· manage our customer data.
As part of the order process, your consent to the processing of this data will be obtained.
Data processing is carried out at your request and/or registration and, in accordance with Art. 6 para. 1 sentence 1 lit. b GDPR, is necessary for the aforementioned purposes for the appropriate processing of your order and for the mutual fulfillment of obligations arising from the purchase contract.
The personal data collected by us for the processing of your order will be stored until the expiry of the statutory retention obligation and then deleted, unless we are obliged to store them for a longer period in accordance with Art. 6 para. 1 sentence 1 lit. c GDPR due to tax and commercial law retention and documentation obligations (under the German Commercial Code, Criminal Code or Fiscal Code) or you have consented to further storage in accordance with Art. 6 para. 1 sentence 1 lit. a GDPR.
4. Disclosure of data
Your personal data will only be passed on by us to third parties to the service partners involved in the processing of the contract, such as the logistics company entrusted with delivery and the credit institution entrusted with payment matters. In cases where your personal data is transferred to third parties, the scope of the transmitted data is restricted to the minimum required.
In case of payment via PayPal, credit card via PayPal, direct debit via PayPal or “purchase on account” via PayPal, we pass on your payment data to PayPal (Europe) S.à r.l. et Cie, S.C.A., 22– 24 Boulevard Royal, L-2449 Luxembourg (hereinafter “PayPal”) as part of the payment process. For the payment methods credit card via PayPal, direct debit via PayPal or “purchase on account” via PayPal, PayPal reserves the right to carry out a credit check. The result of the credit check regarding the statistical probability of default is used by PayPal for the purpose of deciding on the provision of the respective payment method. The credit check may include probability values (so-called score values). Insofar as score values are included in the result of the credit check, they are based on a scientifically recognized mathematical-statistical procedure. Address data, among other things, are included in the calculation of the score values. Further data protection information can be found in the PayPal Privacy Policy: https://www.paypal.com/de/webapps/mpp/ua/privacy-full
Your personal data will not be transmitted to third parties for purposes other than those mentioned above.
We will only pass on your personal data to third parties if:
· you have given your explicit consent pursuant to Art. 6 para. 1 sentence 1 lit. a GDPR,
· the disclosure is necessary pursuant to Art. 6 para. 1 sentence 1 lit. f GDPR for the establishment, exercise or defense of legal claims and there is no reason to assume that you have an overriding legitimate interest in not disclosing your data,
· in the event that there is a legal obligation to disclose pursuant to Art. 6 para. 1 sentence 1 lit. c GDPR, as well as
· this is legally permissible and necessary pursuant to Art. 6 para. 1 sentence 1 lit. b GDPR for the processing of contractual relationships with you.
As part of the order process, your consent to the transfer of your data to third parties will be obtained.
5. Use of cookies
We use cookies on our site. These are small files that your browser automatically creates and that are stored on your device (laptop, tablet, smartphone, etc.) when you visit our website. Cookies do not harm your device, nor do they contain viruses, trojans or other malware.
Information is stored in the cookie that results in each case in connection with the specific device used. However, this does not mean that we thereby obtain direct knowledge of your identity.
The use of cookies serves, on the one hand, to make the use of our offer more pleasant for you. For example, we use so-called session cookies to recognize that you have already visited individual pages of our website. These are automatically deleted after you leave our site.
In addition, we also use temporary cookies to optimize user-friendliness, which are stored on your device for a certain fixed period. If you visit our site again to use our services, it is automatically recognized that you have already been with us and which entries and settings you have made so that you do not have to enter them again.
On the other hand, we use cookies to statistically record the use of our website and to evaluate it for the purpose of optimizing our offering for you (see section 7). These cookies enable us to automatically recognize when you return to our site that you have already visited us. These cookies are automatically deleted after a defined period.
The data processed by cookies are required for the purposes mentioned to protect our legitimate interests and those of third parties pursuant to Art. 6 para. 1 sentence 1 lit. f GDPR.
Most browsers accept cookies automatically. However, you can configure your browser so that no cookies are stored on your computer or a notice always appears before a new cookie is created. Completely deactivating cookies may mean that you cannot use all the functions of our website.
6. Links to third-party websites
The links published on our website are researched and compiled with the greatest possible care. However, we have no influence on the current and future design and contents of the linked pages. We are not responsible for the content of the linked pages and expressly do not adopt the content of these pages as our own. The provider of the website referred to shall be solely liable for illegal, incorrect or incomplete content and for damages arising from the use or non-use of the information. The liability of the party who merely refers to the publication by means of a link is excluded. We are only responsible for third-party references if we have positive knowledge of them, i.e. also of any illegal or criminal content, and it is technically possible and reasonable for us to prevent their use.
7. Analytics and tracking tools
The tracking measures listed below and used by us are carried out on the basis of Art. 6 para. 1 sentence 1 lit. f GDPR. With the tracking measures used, we want to ensure a needs-based design and the ongoing optimization of our website. On the other hand, we use the tracking measures to statistically record the use of our website and to evaluate it for the purpose of optimizing our offering for you. These interests are to be regarded as legitimate within the meaning of the aforementioned provision.
The respective data processing purposes and data categories can be found in the corresponding tracking tools.
a) Google Analytics1
For the purpose of demand-oriented design and continuous optimization of our pages, we use Google Analytics, a web analysis service of Google Inc. (https://www.google.de/intl/de/about/) (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; hereinafter “Google”). In this context, pseudonymized usage profiles are created and cookies (see section 5) are used. The information generated by the cookie about your use of this website, such as
· browser type/version,
· operating system used,
· referrer URL (the previously visited page),
· host name of the accessing computer (IP address),
· time of the server request,
is transmitted to a Google server in the USA and stored there. The information is used to evaluate the use of the website, to compile reports on website activity and to provide other services related to website activity and internet usage for the purposes of market research and the needs-based design of these internet pages. This information may also be transferred to third parties if required by law or if third parties process this data on our behalf. Under no circumstances will your IP address be merged with other data from Google. The IP addresses are anonymized so that an assignment is not possible (IP masking).
You can prevent the installation of cookies by setting the browser software accordingly; however, we point out that in this case not all functions of our website may be fully usable.
You can also prevent the collection of the data generated by the cookie and related to your use of the website (including your IP address), as well as the processing of this data by Google, by downloading and installing a browser add-on (https://tools.google.com/dlpage/gaoptout?hl=de).
As an alternative to the browser add-on, especially for browsers on mobile devices, you can also prevent collection by Google Analytics by clicking the aforementioned link. An opt-out cookie will be set which prevents the future collection of your data when visiting our website. The opt-out cookie only applies in this browser and only to our website and is stored on your device. If you delete the cookies in this browser, you must set the opt-out cookie again.
Further information on data protection in connection with Google Analytics can be found at the following link in the Google Analytics Help: https://support.google.com/analytics/answer/6004245?hl=de
b) Google AdWords Conversion Tracking
In order to statistically record the use of our website and evaluate it for the purpose of optimizing our website for you, we also use Google Conversion Tracking. In doing so, a cookie (see section 5) is set on your computer by Google AdWords if you have reached our website via a Google advertisement.
These cookies lose their validity after 30 days and are not used for personal identification. If the user visits certain pages of the website of the AdWords customer and the cookie has not yet expired, Google and the customer can recognize that the user clicked on the ad and was redirected to this page.
Each AdWords customer receives a different cookie. Cookies can therefore not be tracked via the websites of AdWords customers. The information obtained using the conversion cookie is used to create conversion statistics for AdWords customers who have opted for conversion tracking. The AdWords customers learn the total number of users who clicked on their ad and were redirected to a page tagged with a conversion tracking tag. However, they do not receive information with which users can be personally identified.
If you do not wish to participate in the tracking procedure, you can also refuse the setting of a cookie required for this— e.g. by a browser setting that generally deactivates the automatic setting of cookies. You can also deactivate cookies for conversion tracking by setting your browser to block cookies from the domain “www.googleadservices.com”. Google’s privacy notice for conversion tracking can be found at: https://services.google.com/sitestats/de.html
8. Social media plugins
On the basis of Art. 6 para. 1 sentence 1 lit. f GDPR, we use social plugins of social networks (e.g. Facebook, Twitter, Google+) on our website in order to make our company better known through them. The underlying promotional purpose is to be regarded as a legitimate interest within the meaning of the GDPR. Responsibility for data protection-compliant operation is to be ensured by their respective providers. The integration of these plugins by us is carried out by means of the so-called two-click method in order to protect visitors to our website as best as possible.
a) Facebook
Social media plugins from Facebook are used on our website to make their use more personal. For this purpose we use the “LIKE” or “SHARE” button. This is an offer from Facebook.
When you call up a page of our website that contains such a plugin, your browser establishes a direct connection to the servers of Facebook. The content of the plugin is transmitted by Facebook directly to your browser and integrated into the website.
By integrating the plugins, Facebook receives the information that your browser has accessed the corresponding page of our website, even if you do not have a Facebook account or are not currently logged in to Facebook. This information (including your IP address) is transmitted from your browser directly to a Facebook server in the USA and stored there.
If you are logged into Facebook, Facebook can directly assign the visit to our website to your Facebook account. If you interact with the plugins, for example by pressing the “LIKE” or “SHARE” button, the corresponding information is also transmitted directly to a Facebook server and stored there. The information is also published on Facebook and is visible to everyone.
Facebook may use this information for the purposes of advertising, market research and the needs-based design of Facebook pages. For this purpose, usage, interest and relationship profiles are created by Facebook, e.g. to evaluate your use of our website with regard to the advertisements displayed to you on Facebook, to inform other Facebook users about your activities on our website and to provide other services associated with the use of Facebook.
If you do not want Facebook to assign the data collected via our web presence to your Facebook account, you must log out of Facebook before visiting our website.
For the purpose and scope of the data collection and the further processing and use of the data by Facebook as well as your related rights and settings options to protect your privacy, please refer to Facebook’s data protection information, in particular the data policy, which you can view at the following link: https://www.facebook.com/about/privacy/
b) Twitter
Plugins of the Twitter Inc. (Twitter) microblogging service are integrated on our website. You can recognize the Twitter plugins (tweet button) by the Twitter logo on our site. An overview of tweet buttons can be found at this link on Twitter: https://dev.twitter.com/web/tweet-button
When you access a page of our website that contains such a plugin, a direct connection is established between your browser and the Twitter server. Twitter thereby receives the information that you have visited our site with your IP address. If you click the Twitter “tweet button” while you are logged into your Twitter account, you can link the content of our pages to your Twitter profile. As a result, Twitter can assign the visit to our pages to your user account. We point out that as the provider of the pages we have no knowledge of the content of the transmitted data or of their use by Twitter.
If you do not wish Twitter to be able to assign your visit to our pages, please log out of your Twitter user account.
Further information can be found in Twitter’s privacy policy, which you can view here: https://twitter.com/de/privacy
c) Google “+1” button
Our website uses the “+1” button of the social network Google, which is operated by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043-1351, USA. The button is identified by a “+1”.
The “+1” button is shorthand for “that’s pretty cool” or “check this out”. The button is not used to track your visits on the web.
If a webpage of our website contains the “+1” button, your internet browser will load and display this button from the Google server. The Google server is automatically informed of the website you visited on our internet presence. When a +1 button is displayed, Google does not permanently log your browser history, but only for a period of up to two weeks.
Google keeps this data about your visit stored for this period for system maintenance and troubleshooting purposes. However, this data is not structured according to individual profiles, user names or URLs. This information is also not accessible to website publishers or advertisers. The use of this information serves only to maintain and troubleshoot Google’s internal systems. Your visit to a page with a +1 button is also not evaluated by Google in any other way.
No further evaluation of your visit to a webpage of our internet presence with a “+1” button takes place.
Giving a +1 is a public act, i.e. anyone who performs a Google search or accesses content on the web to which you give a +1 can potentially see that you have given a +1 to the relevant content. Therefore, only give a +1 if you are absolutely sure that you want to share this recommendation with the whole world.
Clicking this +1 button serves as a recommendation for other users in Google’s search results. You can publicly communicate that you like our website, that our website has your approval, or that you can recommend our website. If you have registered for Google+ and are logged in, the +1 button turns blue when you click it. In addition, the +1 is added to the +1 tab in your Google profile. You can manage your +1 on this tab and decide whether you want to make the +1 tab public.
In order to save your +1 recommendation and make it publicly accessible, Google collects information about the URL you recommend, your IP address and other browser-related information via your profile. If you withdraw your +1, this information will be deleted. All your +1 recommendations are listed on the +1 tab in your profile.
Further information and the applicable Google privacy policy can be retrieved at https://www.google.de/intl/de/policies/privacy/. Further information from Google regarding the Google+1 button can be found at https://developers.google.com/+/web/buttons-policy
9. Rights of the data subject
You have the right:
· to request information in accordance with Art. 15 GDPR about your personal data processed by us. In particular, you can request information about the purposes of processing, the category of personal data, the categories of recipients to whom your data have been or will be disclosed, the planned storage period, the existence of a right to rectification, erasure, restriction of processing or objection, the existence of a right to lodge a complaint, the source of your data if it was not collected by us, as well as the existence of automated decision-making including profiling and, where applicable, meaningful information about their details;
· to request the rectification without undue delay of inaccurate personal data concerning you or the completion of your personal data stored by us in accordance with Art. 16 GDPR;
· to request the erasure of your personal data stored by us in accordance with Art. 17 GDPR, unless processing is necessary for exercising the right of freedom of expression and information, for compliance with a legal obligation, for reasons of public interest or for the establishment, exercise or defense of legal claims;
· to request the restriction of processing your personal data in accordance with Art. 18 GDPR if the accuracy of the data is contested by you, the processing is unlawful but you oppose the erasure of the data and we no longer need the data, but you require them for the establishment, exercise or defense of legal claims, or you have objected to processing pursuant to Art. 21 GDPR;
· to receive your personal data which you have provided to us in a structured, commonly used and machine-readable format or to request the transmission to another controller in accordance with Art. 20 GDPR;
· to withdraw your consent at any time in accordance with Art. 7 para. 3 GDPR. This means that we may no longer continue the data processing that was based on this consent in the future; and
· to lodge a complaint with a supervisory authority in accordance with Art. 77 GDPR. As a rule, you can contact the supervisory authority of your usual place of residence or workplace or of our registered office.
10. Right to object
If your personal data are processed on the basis of legitimate interests in accordance with Art. 6 para. 1 sentence 1 lit. f GDPR, you have the right to object to the processing of your personal data in accordance with Art. 21 GDPR insofar as there are grounds for doing so which arise from your particular situation, or the objection is directed against direct marketing. In the latter case, you have a general right to object, which will be implemented by us without specifying a particular situation.
If you wish to exercise your right of withdrawal or objection, simply send an email to: info@tomcase.de
11. Data security
We use the widespread SSL (Secure Socket Layer) method during your website visit in conjunction with the highest level of encryption supported by your browser. As a rule, this is 256-bit encryption. If your browser does not support 256-bit encryption, we use 128-bit v3 technology instead. You can tell whether an individual page of our website is transmitted in encrypted form by the closed display of the key or lock symbol in the lower status bar of your browser.
We also use appropriate technical and organizational security measures to protect your data against accidental or intentional manipulation, partial or complete loss, destruction or against unauthorized access by third parties. Our security measures are continuously improved in line with technological development.
12. Currency and amendment of this privacy policy
This privacy policy is currently valid and is as of March 2018.
Due to the further development of our website and offers above or due to changed legal or official requirements, it may become necessary to change this privacy policy. The current privacy policy can be accessed and printed out at any time on our website via the following link:
https://cases-online.com/bestellung
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1 For the permissible use of Google Analytics, data protection authorities require the conclusion of a data processing agreement. Google offers a corresponding template at http://www.google.com/analytics/terms/de.pdf.
Source: Sample privacy policy created by attorney Andreas Gerstel (http://www.anwaltblog24.de/)