Thank you for your interest in our company. We take the privacy seriously. You can basically use our website without any personal data. If an affected person wishes to use our company's services via our website, personal data processing may be required. If the processing of personal data is required and there is no legal basis for such processing, we will always seek the consent of the data subject.
As the controller, we have implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed through our website. However, data transmissions over the Internet can generally contain security holes. Thus, a 100% protection can not be guaranteed. Therefore, of course, any affected person may alternatively also, for example, transfer personal data by telephone.
Personal data' means any information relating to an identified or identifiable natural person ('the data subject'); a natural person is regarded as identifiable, which can be identified directly or indirectly, in particular by association with an identifier such as a name, an identification number, location data, an online identifier or one or more special features, the expression of the physical , physiological, genetic, mental, economic, cultural or social identity of this natural person;
'Affected person" means any identified or identifiable natural person whose personal data are processed by the controller.
'Processing' any process performed with or without the aid of automated procedures or any such series relating to personal data such as collecting, collecting, organizing, organizing, storing, adapting or modifying, reading, querying, using disclosure by submission, dissemination or any other form of provision, reconciliation or association, restriction, erasure or destruction;
'Restriction of processing' means the marking of personal data stored in order to limit its future processing;
'Profiling' means any kind of automated processing of personal data which involves the use of such personal data to evaluate certain personal aspects relating to a natural person, in particular aspects relating to job performance, economic situation, health, personal To analyze or predict preferences, interests, reliability, behavior, whereabouts or location of this natural person;
'Controller' means the natural or legal person, public authority, body or body that alone or jointly with others decides on the purposes and means of processing personal data; where the purposes and means of such processing are determined by Union law or the law of the Member States, the controller or the specific criteria of his appointment may be provided for under Union or national law;
'Recipient' means a natural or legal person, public authority, agency or other entity to whom personal data are disclosed, whether or not it is a third party. However, authorities which may receive personal data under Union or national law in connection with a particular mission are not considered to be recipients; the processing of such data by the said authorities shall be in accordance with the applicable data protection rules in accordance with the purposes of the processing;
Third party' means a natural or legal person, public authority, body or body other than the data subject, the controller, the processor and the persons authorized under the direct responsibility of the controller or processor to process the personal data;
'Consent' of the data subject to any expression of will, in an informed and unambiguous manner, in the form of a statement or other unambiguous confirmatory act by which the data subject expresses his understanding of the processing of the personal data concerning him agrees.
2. Name and contact details of the controller
Responsible: TOM GmbH & Co. KG, represented by the managing director Mr. Anton Majerle, E-Mail firstname.lastname@example.org, Phone: +49 (0) 7543 965 49 69
3. Collection and storage of personal data as well as the nature and purpose of their use
a) When visiting the website
You can basically use our website without revealing your identity. When you visit 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 will be collected without your intervention and stored until automated deletion:
IP address of the requesting computer,
• date and time of access,
• name and URL of the retrieved file,
• Website from which access is made (referrer URL),
• the 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 of the website,
• ensuring comfortable use of our website,
• Evaluation of system security and stability as well
• for further administrative purposes.
The legal basis for data processing is Art. 6 para. 1 p. 1 lit. f DSGVO. Our legitimate interest follows from the data collection purposes listed above. In no case we use the collected data for the purpose of drawing conclusions about you.
b) By using our contact form
For questions of any kind, we offer you the opportunity to contact us via a form provided on our website. It is necessary to provide a valid e-mail address so that we know who the request came from and to answer it. Further information can be provided voluntarily. It is up to you to decide whether you want to enter this information in the contact form.
The data processing for the purpose of contacting us is in accordance with Art. 6 para. 1 p. 1 lit. a DSGVO based on your voluntarily granted consent.
The personal data collected by us for the use of the contact form will be automatically deleted after completion of the request made by you.
c) For orders via our website
You can either place orders as a guest through our website without registering or register in our shop as a customer for future orders. Registration has the advantage for you that you can log in to our shop in the event of a future order directly with your e-mail address and your password without having to enter your contact information again.
Your personal data will be entered in an input mask and transmitted to us and stored. If you place an order via our website, we will collect the following data in the case of a guest order as well as in the case of a registration in the shop:
• salutation, first name, last name,
• a valid e-mail address,
• telephone number (landline and / or mobile)
The collection of these data takes place
• to identify you as our customer;
• to process, fulfill and handle your order;
• for correspondence with you;
• for invoicing;
• to settle possible liability claims, as well as the assertion of any claims against you;
• to ensure the technical administration of our website;
• to manage our customer data.
As part of the ordering process, we will obtain your consent to process this information.
The data processing is based on your order and / or registration and is in accordance with Art. 6 para. 1 p. 1 lit. b DSGVO for the stated purposes for the proper processing of your order and for the mutual fulfillment of obligations arising from the purchase agreement.
The personal data collected by us for the processing of your order will be stored until the expiration of the statutory retention obligation and then deleted, unless we are under Article 6 para. 1 sentence 1 lit. c DSGVO are obliged to store for a longer period of time due to tax and commercial requirements for storage and documentation (HGB, StGB or AO) or you are obliged to make further storage in accordance with Art. 6 para. 1 sentence 1 lit. a DSGVO have consented.
4. Disclosure of data
A transfer of your personal data from us to third parties will be made exclusively to the service partners involved in the execution of the contract, such as the logistics company commissioned with the delivery and the credit institution responsible for payment matters. However, in the case of the disclosure of your personal data to third parties, the scope of the data transmitted is limited to the minimum required.
A transfer of your personal data to third parties for purposes other than those mentioned above does not take place.
We will only share your personal information with third parties if:
• You yours according to Art. 6 para. 1 sentence 1 lit. a DSGVO have given express consent to this
• disclosure pursuant to Art. 6 para. 1 sentence 1 lit. f DSGVO is required to assert, exercise or defend legal claims and there is no reason to assume that you have a predominantly legitimate interest in not disclosing your data,
• in the event that disclosure pursuant to Art. 6 para. 1 sentence 1 lit. c DSGVO is a legal obligation, as well
• this is legally permissible and according to Art. 6 para. 1 sentence 1 lit. b DSGVO is required for the settlement of contractual relationships with you.
As part of the ordering process, we will obtain your consent to share your information with third parties.
In the cookie information is stored, each resulting in connection with the specific terminal used. However, this does not mean that we are immediately aware of your identity.
In addition, to improve usability, we also use temporary cookies that are stored on your device for a specified period of time. If you visit our site again to take advantage of our services, it automatically recognizes that you have already been with us and what inputs and settings you have made in order not to have to re-enter them.
The data processed by cookies are for the purposes mentioned in order to safeguard our legitimate interests as well as third parties according to Art. 6 para. 1 sentence 1 lit. f DSGVO required.
Most browsers accept cookies automatically. However, you can configure your browser so that no cookies are stored on your computer or always a hint appears before a new cookie is created. However, disabling cookies completely may mean that you can not use all features of our website.
6. Links to Third Party Web Sites
The links published on our website are researched and compiled with the utmost care. However, we have no influence on the current and future design and content of the linked pages. We are not responsible for the content of the linked pages and we do not endorse the content of these pages. For illegal, incorrect or incomplete contents as well as for damage resulting from the use or non-use of the information, the provider of the web site to which reference was made is solely liable. The liability of those who only point to the publication by a link is excluded. We are only responsible for third-party references when we receive information from them, i. also from any illegal or criminal content, have positive knowledge and it is technically possible and reasonable for us to prevent their use.
7. Analysis and Tracking Tools
The tracking measures listed below and used by us are based on Art. 6 para. 1 sentence 1 lit. f DSGVO. With the tracking measures to be used, we want to ensure a needs-based design and the continuous optimization of our website. On the other hand, we use the tracking measures to statistically record the use of our website and evaluate it for the purpose of optimizing our offer for you. These interests are to be regarded as justified 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 customizing and continually optimizing our pages, we use Google Analytics, a web analytics service provided by Google Inc. (https://www.google.com/intl/en/about/) (1600 Amphitheater Parkway, Mountain View, CA 94043, USA, hereafter "Google"). In this context, pseudonymised usage profiles are created and cookies (see under 5) are used. The information generated by the cookie about your use of this website such as
• browser type / version,
• used operating system,
• Referrer URL (the previously visited page),
• host name of the accessing computer (IP address),
• time of server request,
are transmitted to a Google server in the US 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 tailor-made website design. This information may also be transferred to third parties if required by law or if third parties process this data in the order. Under no circumstances will your IP address be merged with any other data provided by 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 features of our website may be fully exploited.
You can also prevent the collection of data generated by the cookie and related to your use of the website (including your IP address) and 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 prevent the collection by Google Analytics by clicking on the link above. An opt-out cookie will be set which prevents the future collection of your data when you visit our website. The opt-out cookie is only valid in this browser and only for our website and is stored on your device. If you delete the cookies in this browser, you must set the opt-out cookie again.
For more information about privacy related to Google Analytics, please see the following link in the Google Analytics Help Center: https://support.google.com/analytics/answer/6004245?hl=en
b) Google Adwords Conversion Tracking
To statistically record the use of our website and to evaluate it for the purpose of optimizing our website, we also use Google conversion tracking. In doing so, Google Adwords will set a cookie (see paragraph 5) on your computer if you have reached our website via a Google ad.
These cookies lose their validity after 30 days and are not used for personal identification. If the user visits certain pages of the Adwords customer's website 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.
Every Adwords customer receives a different cookie. Cookies can not be tracked via the websites of Adwords customers. The information gathered using the conversion cookie is used to generate conversion statistics for Adwords customers who have opted for conversion tracking. Adwords customers hear the total number of users who clicked on their ad and were redirected to a conversion tracking tag page. However, they do not receive information that personally identifies users.
8. Social Media Plugins
We rely on our website on the basis of Art. 6 para. 1 sentence 1 lit. f DSGVO Social social networking plugins (e.g., Facebook, Twitter, Google+) to make our company better known. The underlying commercial purpose is to be regarded as a legitimate interest within the meaning of the GDPR. Responsibility for the operation compliant with data protection is to be guaranteed by their respective providers. The integration of these plugins by us takes place in the way of the so-called two-click method to protect visitors of our website in the best possible way.
On our website social media plugins from Facebook are used to personalize their use. For this we use the "LIKE" or "SHARE" button. It is an offer from Facebook.
If you visit a page of our website that contains such a plugin, your browser establishes a direct connection to the Facebook servers. The content of the plugin is transmitted by Facebook directly to your browser and incorporated by him 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 currently not logged in to Facebook. This information (including your IP address) is transmitted from your browser directly to a Facebook server in the US and stored there.
If you are logged in to Facebook, Facebook can assign the visit to our website directly 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 will also be published on Facebook visible to everyone.
Facebook may use this information for the purpose of advertising, market research and tailor-made Facebook pages. For this purpose, Facebook uses user, interest and relationship profiles, eg. For example, to evaluate your use of our website in relation to the advertisements displayed on Facebook, to inform other Facebook users about your activities on our website, and to provide other services related to the use of Facebook.
If you do not want Facebook to assign the data collected via our website to your Facebook account, you must log out of Facebook before visiting my website.
On our website plugins of the short message network of Twitter Inc. (Twitter) are integrated. The Twitter plugins (tweet button) can be recognized by the Twitter logo on our site. For an overview of tweet buttons, see this link on Twitter: https://dev.twitter.com/web/tweet-button
When you visit a page of our website that contains such a plugin, a direct connection is established between your browser and the Twitter server. Twitter receives the information that you have visited our site with your IP address. If you click on the Twitter "tweet button" while logged in to your Twitter account, you can link the contents of our pages to your Twitter profile. This allows Twitter to associate your visit to our pages with your user account. We point out that we as the provider of the pages are not aware of the content of the transmitted data and their use by Twitter.
If you do not want Twitter to associate your visit to our pages, please log out of your Twitter account.
c) Google "+1" button
Our website uses the "+1" button on the social network Google, which is operated by Google Inc., 1600 Amphitheater Parkway, Mountain View, CA 94043-1351, USA. The button is marked with a "+1".
The "+1" button is an abbreviation for "that's pretty cool" or "look at it". The button is not used to track your visits to the web.
If a website of our website contains the "+1" button, then your internet browser will load and display this button from the Google server. The website you visit on our website is automatically communicated to the Google server. When displaying a + 1 button, Google will not log your browsing history permanently, but only for up to two weeks.
Google keeps this information about your visit for this period for system maintenance and troubleshooting purposes. However, this data is not structured according to individual profiles, usernames or URLs. This information is also not available to website publishers or advertisers. Use of this information is only for maintenance and troubleshooting in Google's internal systems. Your visit to a + 1 button page will not be evaluated by Google in any other way.
A further evaluation of your visit to a website of our website with a "+1" button does not take place.
The assignment of +1 itself is a public process, i. Anyone who does a Google search or calls content on the web that you +1 can potentially see that you + 1'd that content. So only +1 if you are sure you want to share this recommendation with the world.
Clicking on this +1 button serves as a recommendation for other users in Google's search results. You may publicly announce that you like our website, that our website is approved or that you can recommend our website. If you have registered for Google+ and you are logged in, then the +1 button turns blue when clicked. It also adds +1 to the + 1 tab in your Google profile. On this tab, you can manage your +1s and decide if you want to make the + 1 tab public.
In order to save your +1 recommendation and make it publicly available, Google collects information about your recommended URL, IP address, and other browser-related information through your profile. If you cancel your +1, this information will be deleted. All +1 recommendations from you are listed on the +1 tab in your profile.
9. Affected rights
You have the right:
• in accordance with Art. 15 DSGVO, to request information about your personal data processed by us. In particular, you can provide information on the processing purposes, the category of personal data, the categories of recipients to whom your data has been disclosed, the planned retention period, the right to rectification, deletion, limitation of processing or opposition, the existence of a The right to complain, the source of your data, if not collected from me, as well as the existence of automated decision-making including profiling and, where appropriate, meaningful information about their details;
• in accordance with Art. 16 DSGVO, immediately demand the correction of incorrect or complete personal data stored with us;
• in accordance with Art. 17 DSGVO, to demand the deletion of your personal data stored by us, unless the processing for the exercise of the right to freedom of expression and information, for the fulfillment of a legal obligation, for reasons of public interest or for the assertion, exercise or defense of Legal claims is required;
• to demand the restriction of the processing of your personal data according to Art. 18 GDPR, as far as the accuracy of the data is disputed by you, the processing is unlawful, but you reject its deletion and we no longer need the data, but you assert this, Exercise or defense of legal claims or you have objected to the processing in accordance with Art. 21 GDPR;
• in accordance with Art. 20 DSGVO, to receive your personal data provided to us in a structured, standard and machine-readable format or to request transmission to another person responsible;
• according to Art. 7 para. 3 DSGVO, to revoke your once given consent to us at any time. As a result, we are not allowed to continue the data processing based on this consent for the future and
• to complain to a supervisory authority pursuant to Art. 77 DSGVO. As a rule, you can contact the supervisory authority of your usual place of residence or work or our company headquarters.
10. Right of objection
If your personal data are based on legitimate interests in accordance with Art. 6 para. 1 sentence 1 lit. f DSGVO are processed, you have the right to file an objection against the processing of your personal data in accordance with Art. 21 DSGVO, provided that there are reasons for this arising from your particular situation or the objection is directed against direct mail. In the latter case, you have a general right of objection, which is implemented by us without specifying any particular situation.
If you would like to exercise your right of revocation or objection, please send an e-mail to: email@example.com
11. Data security
We use the popular SSL (Secure Socket Layer) method within the site visit, in conjunction with the highest level of encryption supported by your browser. In general, this is a 256-bit encryption. If your browser does not support 256-bit encryption, we'll use 128-bit v3 technology instead. Whether a single page of our website is encrypted is shown by the closed representation of the key or lock icon in the lower status bar of your browser.
We also take appropriate technical and organizational security measures to protect your data against accidental or intentional manipulation, partial or total loss, destruction or against unauthorized access by third parties. Our security measures are continuously improved in line with technological developments.
1 Data protection authorities require the use of Google Analytics for the completion of a contract data processing agreement. A template will be available from Google at http://www.google.com/analytics/terms/en.pdf .