PRIVACY

PROTECTION OF YOUR PERSONAL DATA

The person responsible within the meaning of the General Data Protection Regulation, other data protection laws applicable in the member states of the European Union and other provisions of a data protection nature is:

TOM's Fahrzeugtechnik
Enzlar 5
D-91477 Markt Bibart

A. GENERAL INFORMATION ABOUT DATA PROCESSING

 

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

Article 6 (1) (b) GDPR serves as the legal basis for the processing of personal data required to fulfill a contract to which the data subject is a party. This also applies to processing operations that are necessary to carry out pre-contractual measures.

Insofar as processing of personal data is necessary to fulfill a legal obligation to which our company is subject, Article 6 (1) (c) GDPR serves as the legal basis.

In the event that vital interests of the data subject or another natural person require the processing of personal data, Article 6 Paragraph 1 Letter d GDPR serves as the legal basis.

If the processing is necessary to protect a legitimate interest of our company or a third party and if the interests, fundamental rights and fundamental freedoms of the person concerned do not outweigh the first interest, Article 6 Paragraph 1 Letter f GDPR serves as the legal basis for the processing.

B. DELIVERY OF WEBSITE AND LOGFILES

Every time our website is accessed, we collect data and information using an automated system.

The following data is collected here:

(1) The IP address of the user
(2) Information about the browser type and version used
(3) The user's operating system
(4) Date and time of access (the server request)
(5) Websites from which the user's system accesses our website (referrer)
(6) The address (URI) of the page called up and the call parameters transmitted by the browser

This data is stored in the log files of our system. This data is not stored together with other personal data of the user


Legal basis for data processing
The legal basis for the temporary storage of the data and the log files is Article 6 (1) (f) GDPR

purpose of data processing
Storage in log files takes place to ensure the functionality of the website. Our legitimate interest in data processing in accordance with Article 6 (1) (f) GDPR also lies in these purposes.

Duration of storage
The data will be deleted as soon as they are no longer required to achieve the purpose for which they were collected. In the case of the collection of data for the provision of the website, this is the case when the respective session has ended.

Possibility of objection and elimination
The collection of the data for the provision of the website and the storage of the data in log files is absolutely necessary for the operation of the website. Consequently, there is no possibility of objection on the part of the user.

C. USE OF COOKIES

Our website uses "cookies" in several places. Cookies are small text files that are stored on your computer and saved by your browser. This makes it possible to store specific information relating to you, the user, on your PC while you are visiting our website. Cookies help to determine the frequency of use and the number of users of a website, as well as to make the internet offer as convenient and efficient as possible for you.

The following information is stored by cookies:

- A session ID to be able to assign your current shopping cart to you.

- A customer ID to identify you when you are logged into your customer account.

- Recently viewed items (unless you have disabled this feature)

- A list with the IDs of the products currently in the shopping cart.


Legal basis for data processing
The legal basis for the processing of personal data using technically necessary cookies is Article 6 (1) (f) GDPR.

The legal basis for the processing of personal data using cookies for analysis purposes is Article 6(1)(a) GDPR if the user has given their consent.


purpose of data processing
The purpose of using technically necessary cookies is to simplify the use of websites for users.

Analysis cookies are used to improve the quality of our website and its content. Our legitimate interest in the processing of personal data in accordance with Article 6 (1) (f) GDPR also lies in these purposes.


Duration of storage
Cookies are stored on the user's computer and transmitted to our site. Therefore, as a user, you also have full control over the use of cookies. By changing the settings in your Internet browser, you can deactivate or restrict the transmission of cookies. Cookies that have already been saved can be deleted at any time.

Possibility of objection and elimination
Our website can also be used without cookies. You can deactivate the storage of cookies in your browser, limit them to certain websites or set your browser so that it notifies you as soon as a cookie is sent. Please note, however, that in this case you will have to reckon with a limited display of the page and limited user guidance. A purchase is only possible with activated cookies.

D. REGISTRATION AS A CUSTOMER

When you open a customer account, we collect your personal data to the extent specified there. The purpose of data processing is to improve your shopping experience and to simplify order processing. The processing takes place on the basis of Art. 6 (1) lit. a GDPR with your consent. You can revoke your consent at any time by notifying us without affecting the legality of the processing carried out on the basis of the consent up to the time of revocation. Your customer account will then be deleted.


Collection, processing and use of personal data when placing orders
When you place an order, we collect and use your personal data only to the extent necessary for pre-contractual measures, to fulfill and process your order, and to process your inquiries. The provision of the data is necessary for the conclusion of the contract. Non-provision means that no contract can be concluded. The processing takes place on the basis of Art. 6 (1) lit. b GDPR and is necessary for the fulfillment of a contract with you. Your data will not be passed on to third parties without your express consent. The only exceptions to this are our service partners that we need to process the contractual relationship or service providers that we use in the context of order processing. In addition to the recipients named in the respective clauses of this data protection declaration, these are, for example, recipients of the following categories: shipping service providers, payment service providers, merchandise management service providers, service providers for order processing, web hosts, IT service providers. In all cases, we strictly observe the legal requirements. The amount of data transmission is limited to a minimum.

Duration of storage
The data will be deleted as soon as they are no longer required to achieve the purpose for which they were collected. Even after the conclusion of the contract, it may be necessary to store personal data of the contractual partner in order to comply with contractual or legal obligations. After completion of the contract, the data will initially be stored for the duration of the warranty period, then taking into account statutory retention periods, in particular tax and commercial law, and then deleted after the period has expired, unless you have consented to further processing and use.

rights of the data subject
If the legal requirements are met, you have the following rights under Art. 15 to 20 GDPR: Right to information, to correction, to deletion, to restriction of processing, to data portability.

In addition, according to Art. 21 (1) GDPR, you have the right to object to the processing based on Art. 6 (1) f GDPR and to processing for the purpose of direct advertising.

E. CONTACTING US BY EMAIL

You can contact us via the e-mail address given on our website or the contact form provided.

If you contact us by email, your email address and your message will be sent to us and saved by us.


Legal basis for data processing
The legal basis for processing the data is Article 6(1)(a) GDPR if the user has given their consent.

The legal basis for the processing of data transmitted in the course of sending an email is Article 6 Paragraph 1 Letter f GDPR. If an e-mail contact is aimed at concluding a contract, the additional legal basis for processing is Art. 6 (1) (b) GDPR.



purpose of data processing
If contact is made by e-mail, the personal data contained therein will be processed to process the contact and this is also where the necessary legitimate interest in processing the data lies.

Duration of storage
The data will be deleted after your request has been dealt with and your request answered, unless the request has been converted into a contractual relationship.

Possibility of objection and elimination
The user has the option to revoke his consent to the processing of personal data at any time. The revocation can be made by sending an e-mail or by contacting us by telephone or post.

All personal data that was saved in the course of making contact will be deleted in this case.

F. DISCLOSURE OF DATA TO THIRD PARTIES

Parcel service provider:
As part of the execution of the order placed, it is necessary for us to transmit your name and address, consisting of the street and place of residence, to our parcel service provider. The transmission is necessary in order to be able to deliver your order. The transmission of the data is limited to the necessary minimum. Only the data necessary for the delivery of your shipment will be transmitted.

By placing the order, you declare your consent to the data described above being transmitted to our parcel service provider for the delivery of the goods. With regard to your rights, the provisions listed in this and the following sections apply accordingly.


Paypal:
On our website we offer, among other things, payment via PayPal. The provider of this payment service is PayPal (Europe) S.à.rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter “PayPal”).

If you choose to pay via PayPal, the payment details you enter will be sent to PayPal.

Your data is transmitted to PayPal on the basis of Article 6 (1) (a) GDPR (consent) and Article 6 (1) (b) GDPR (processing to fulfill a contract). You have the option to revoke your consent to data processing at any time. A revocation does not affect the effectiveness of past data processing operations.

Further information on handling user data can be found in PayPal's data protection declaration
under:
  https://www.paypal.com/de/webapps/mpp/ua/privacy-full?locale.x=de_DE

YouTube:
Our website uses plugins from the Google-operated YouTube site. The site operator is YouTube, LLC, 901 Cherry Ave., San Bruno, CA 94066, USA.

If you visit one of our pages equipped with a YouTube plugin, a connection to the YouTube servers will be established. The YouTube server is informed which of our pages you have visited.

If you are logged into your YouTube account, you enable YouTube to assign your surfing behavior directly to your personal profile. You can prevent this by logging out of your YouTube account.

YouTube is used in the interest of an attractive presentation of our online offers. This represents a legitimate interest within the meaning of Article 6 (1) (f) GDPR.

Further information on handling user data can be found in YouTube's data protection declaration at:
  https://www.google.de/intl/de/policies/privacy


Google Maps:
This site uses the Google Maps map service via an API. The provider is Google Inc., 1600 Amphitheater Parkway, Mountain View, CA 94043, USA.

In order to use the functions of Google Maps, it is necessary to save your IP address. This information is usually transmitted to a Google server in the USA and stored there. The provider of this site has no influence on this data transfer.

Google Maps is used in the interest of an attractive presentation of our online offers and to make it easier to find the places we have indicated on the website. This represents a legitimate interest within the meaning of Article 6 (1) (f) GDPR.

More information on handling user data can be found in Google's data protection declaration:
  https://www.google.de/intl/de/policies/privacy/ .

G. RIGHTS OF THE DATA SUBJECT

If personal data is processed by you, you are the data subject within the meaning of the GDPR and you have the following rights towards us ("the person responsible"):

1) Right to information
You can request confirmation from the person responsible as to whether personal data relating to you is being processed by us.

If such processing is present, you can request information from the person responsible for the following information:

a. the purposes for which the personal data are processed;

b. the categories of personal data being processed;

c. the recipients or categories of recipients to whom your personal data has been or will be disclosed;

i.e. the planned duration of the storage of the personal data concerning you or, if specific information on this is not possible, criteria for determining the storage duration;

e. the existence of a right to rectification or erasure of personal data concerning you, a right to restriction of processing by the person responsible or a right to object to this processing;

f. the existence of a right of appeal to a supervisory authority;

G. all available information about the origin of the data if the personal data are not collected from the data subject;

H. the existence of automated decision-making including profiling in accordance with Art. 22 Para. 1 and 4 GDPR and - at least in these cases - meaningful information about the logic involved as well as the scope and intended effects of such processing for the data subject.

You have the right to request information as to whether your personal data is being transmitted to a third country or to an international organization. In this context, you can request to be informed of the appropriate guarantees pursuant to Art. 46 GDPR in connection with the transmission.


2) Right to Rectification
You have a right to correction and/or completion to the person responsible if the processed personal data concerning you is incorrect or incomplete. The person responsible must make the correction immediately.

3) Right to Erasure
3.1) You can request the person responsible to delete the personal data concerning you immediately, and the person responsible is obliged to delete this data immediately if one of the following reasons applies:

a. The personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed.

b. You revoke your consent on which the processing was based pursuant to Article 6(1)(a) or Article 9(2)(a) GDPR and there is no other legal basis for the processing.

c. You object to the processing in accordance with Article 21 (1) GDPR and there are no overriding legitimate reasons for the processing, or you object to the processing in accordance with Article 21 (2) GDPR.

i.e. The personal data concerning you have been processed unlawfully.

e. The deletion of the personal data concerning you is necessary to fulfill a legal obligation under Union law or the law of the Member States to which the person responsible is subject.

f. The personal data concerning you was collected in relation to information society services offered in accordance with Article 8 (1) GDPR.

3.2) If the person responsible has made the personal data relating to you public and is obliged to delete it in accordance with Article 17 (1) GDPR, he shall take appropriate measures, including technical measures, taking into account the available technology and the implementation costs, in order to To inform those responsible for data processing who process the personal data that you, as the person concerned, have requested them to delete all links to this personal data or copies or replications of this personal data.

3.3) The right to erasure does not exist if processing is necessary

a. to exercise the right to freedom of expression and information;

b. to fulfill a legal obligation that requires processing under Union or Member State law to which the controller is subject, or to perform a task that is in the public interest or in the exercise of official authority vested in the controller;

c. for reasons of public interest in the field of public health in accordance with Article 9 Paragraph 2 lit. h and i and Article 9 Paragraph 3 GDPR;

i.e. for archiving purposes in the public interest, scientific or historical research purposes or for statistical purposes pursuant to Art. 89 Para

e. to assert, exercise or defend legal claims.


4) Right to restriction of processing
Under the following conditions, you can request the restriction of the processing of your personal data:

a. if you contest the accuracy of the personal data concerning you for a period that enables the person responsible to check the accuracy of the personal data;

b. the processing is unlawful and you refuse to delete the personal data and instead request that the use of the personal data be restricted;

c. the person responsible no longer needs the personal data for the purposes of processing, but you need them to assert, exercise or defend legal claims, or

i.e. if you have lodged an objection to the processing pursuant to Art. 21 Para. 1 GDPR and it has not yet been determined whether the legitimate reasons of the person responsible outweigh your reasons.

If the processing of the personal data concerning you has been restricted, this data - apart from its storage - may only be used with your consent or to assert, exercise or defend legal claims or to protect the rights of another natural or legal person or for reasons of important public interest of the Union or a Member State are processed.

If the restriction of processing has been restricted according to the above conditions, you will be informed by the person responsible before the restriction is lifted.


5) Right to Information
If you have asserted the right to correction, deletion or restriction of processing against the person responsible, he is obliged to inform all recipients to whom the personal data concerning you have been disclosed of this correction or deletion of the data or restriction of processing, unless , this proves to be impossible or involves a disproportionate effort.

You have the right to be informed about these recipients by the person responsible.


6) Right to data portability
You have the right to receive the personal data concerning you that you have provided to the person responsible in a structured, common and machine-readable format. In addition, you have the right to transmit this data to another person responsible without hindrance by the person responsible for providing the personal data, provided that

a. the processing is based on consent pursuant to Article 6(1)(a) GDPR or Article 9(2)(a) GDPR or on a contract pursuant to Article 6(1)(b) GDPR and

b. the processing is carried out using automated procedures.

In exercising this right, you also have the right to have the personal data concerning you transmitted directly from one person responsible to another person responsible, insofar as this is technically feasible. The freedoms and rights of other people must not be impaired by this.

The right to data portability does not apply to processing of personal data that is required to perform a task that is in the public interest or in the exercise of official authority that has been assigned to the controller.


7) Right to Object
You have the right, for reasons arising from your particular situation, to object at any time to the processing of your personal data, which is based on Article 6 Paragraph 1 lit. e or f GDPR; this also applies to profiling based on these provisions.

After an objection, the person responsible will no longer process the personal data relating to you, unless he can demonstrate compelling legitimate grounds for the processing that outweigh your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims.

If the personal data concerning you is processed in order to operate direct advertising, you have the right to object at any time to the processing of your personal data for the purpose of such advertising; this also applies to profiling insofar as it is associated with such direct advertising.

If you object to the processing for direct marketing purposes, the personal data relating to you will no longer be processed for these purposes.

In connection with the use of information society services, you have the option – notwithstanding Directive 2002/58/EC – to exercise your right to object by means of automated procedures that use technical specifications.

8) Right to revoke the declaration of consent under data protection law
You have the right to revoke your declaration of consent under data protection law at any time. The revocation of the consent does not affect the legality of the processing carried out on the basis of the consent up to the point of revocation.


9) Automated decision-making in individual cases

You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you. This does not apply if the decision

a. is necessary for the conclusion or performance of a contract between you and the person responsible,

b. is permitted on the basis of legal provisions of the Union or the Member States to which the person responsible is subject and these legal provisions contain appropriate measures to protect your rights and freedoms as well as your legitimate interests or

c. takes place with your express consent.

However, these decisions must not be based on special categories of personal data pursuant to Article 9 Paragraph 1 GDPR unless Article 9 Paragraph 2 lit. a or g applies and appropriate measures have been taken to protect your rights and freedoms and your legitimate interests.

With regard to the in a. and c. In the cases mentioned, the person responsible shall take appropriate measures to safeguard your rights and freedoms and your legitimate interests, including at least the right to obtain human intervention on the part of the person responsible, to express his or her point of view and to contest the decision.


10) Right to complain to supervisory authorities

Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the member state of your place of residence, your place of work or the place of the alleged infringement, if you believe that the processing of your personal data violates the GDPR violates.

The supervisory authority to which the complaint was lodged will inform the complainant about the status and the results of the complaint, including the possibility of a judicial remedy under Art. 78 GDPR.