Privacy Policy
Privacy Policy
Unless otherwise stated below, the provision of your personal data is neither required by law or by contract, nor is it necessary for the conclusion of a contract. You are not obliged to provide the data. Failure to provide it has no consequences. This applies only insofar as no other information is given in the processing operations described below.
“Personal data” means any information relating to an identified or identifiable natural person.
Server log files
You can visit our websites without providing any information about your person.
Each time our website is accessed, usage data is transmitted to us or to our web host / IT service provider by your internet browser and stored in log data (so-called server log files). This stored data includes, for example, the name of the page accessed, the date and time of access, the IP address, the amount of data transferred and the requesting provider.
The processing is carried out on the basis of Art. 6(1)(f) GDPR in our overriding legitimate interest in ensuring the trouble-free operation of our website and in improving our offering.
Where applicable, your data will be transferred to third countries outside the EU, in particular to Canada and the USA, and processed there. An adequacy decision of the EU Commission exists for Canada. For the USA, an adequacy decision of the EU Commission is in place, the Trans-Atlantic Data Privacy Framework (TADPF). Shopify is not certified under the TADPF. This data transfer is carried out on the basis of contractual obligations that are comparable to those of the standard contractual clauses of the EU Commission.
Contact
Controller
Please contact us if you wish. The controller responsible for the data processing is: Tom´s Company GmbH, Knappenweg 6, 66578 Schiffweiler, Germany, +49 6821 634580, info@tomscompany.com
Customer-initiated contact by email
If you initiate business contact with us by email, we collect your personal data (name, email address, message text) only to the extent provided by you. The data processing serves the purpose of handling and responding to your contact request. If the contact serves the performance of pre-contractual measures (e.g. advice in the event of purchase interest, preparation of an offer) or concerns a contract already concluded between you and us, this data processing is carried out on the basis of Art. 6(1)(b) GDPR.
If contact is made for other reasons, this data processing is carried out on the basis of Art. 6(1)(f) GDPR in our overriding legitimate interest in handling and responding to your enquiry. In this case, you have the right to object at any time, on grounds relating to your particular situation, to this processing of personal data concerning you which is based on Art. 6(1)(f) GDPR.
We use your email address only to process your enquiry. Your data will subsequently be deleted in compliance with statutory retention periods, unless you have consented to further processing and use.
Collection and processing when using the contact form
When you use the contact form, we collect your personal data (name, email address, message text) only to the extent provided by you. The data processing serves the purpose of making contact. If the contact serves the performance of pre-contractual measures (e.g. advice in the event of purchase interest, preparation of an offer) or concerns a contract already concluded between you and us, this data processing is carried out on the basis of Art. 6(1)(b) GDPR.
If contact is made for other reasons, this data processing is carried out on the basis of Art. 6(1)(f) GDPR in our overriding legitimate interest in handling and responding to your enquiry. In this case, you have the right to object at any time, on grounds relating to your particular situation, to this processing of personal data concerning you which is based on Art. 6(1)(f) GDPR.
We use your email address only to process your enquiry. Your data will subsequently be deleted in compliance with statutory retention periods, unless you have consented to further processing and use.
Collection and processing when using the withdrawal button
If you have concluded a contract via our online presence, we provide you with a withdrawal function (withdrawal button) through which you can submit your declaration of withdrawal directly.
When you use the withdrawal function, we collect your personal data (name, email address, information identifying the contract or the part of the contract you wish to withdraw from, as well as the time (date and time) the declaration of withdrawal was sent) only to the extent provided by you. The data processing serves the purpose of providing you with the legally required option to withdraw from your contract as well as the proper handling of your withdrawal. If the contact concerns a contract already concluded between you and us, this data processing is carried out on the basis of Art. 6(1)(b) GDPR. Otherwise, the data processing is carried out on the basis of Art. 6(1)(c) GDPR, for compliance with a legal obligation to provide you with a withdrawal function on our online presence.
We use your email address only to process your declaration of withdrawal. Your data will subsequently be deleted in compliance with statutory retention periods, unless you have consented to further processing and use.
The processing of your personal data serves the purpose of fulfilling the legal requirements for the design of the withdrawal function in a legally secure manner and is carried out on the basis of Art. 6(1)(c) GDPR. This data processing is also carried out on the basis of Art. 6(1)(f) GDPR in our overriding legitimate interest in being able to provide you with a user-friendly option to withdraw. In this case, you have the right to object at any time, on grounds relating to your particular situation, to this processing of personal data concerning you which is based on Art. 6(1)(f) GDPR.
WhatsApp Business
If you enter into business contact with us via WhatsApp, we use the WhatsApp Business version of WhatsApp Ireland Limited (4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland; “WhatsApp”) for this purpose. Insofar as you are resident outside the European Economic Area, this service is provided by WhatsApp Inc. (1601 Willow Road, Menlo Park, CA 94025, USA).
The data processing serves the purpose of handling and responding to your contact request. For this purpose, we collect and process the mobile phone number stored with WhatsApp, your name if provided, and further data to the extent provided by you. For this service we use a mobile device in whose address book exclusively data of users who have contacted us via WhatsApp is stored. Personal data is therefore not passed on to WhatsApp without you having already consented to this vis-à-vis WhatsApp.
Your data is transmitted by WhatsApp to servers of Meta Platforms Inc. in the USA. For the USA, an adequacy decision of the EU Commission is in place, the Trans-Atlantic Data Privacy Framework (TADPF). Meta Platforms Inc. has certified itself under the TADPF and has thereby undertaken to comply with European data protection principles. If the contact serves the performance of pre-contractual measures (e.g. advice in the event of purchase interest, preparation of an offer) or concerns a contract already concluded between you and us, this data processing is carried out on the basis of Art. 6(1)(b) GDPR.
If contact is made for other reasons, this data processing is carried out on the basis of Art. 6(1)(f) GDPR in our overriding legitimate interest in providing a quick and easy means of making contact as well as in responding to your enquiry. In this case, you have the right to object at any time, on grounds relating to your particular situation, to this processing of personal data concerning you which is based on Art. 6(1)(f) GDPR.
We use your personal data only to process your enquiry. Your data will subsequently be deleted in compliance with statutory retention periods, unless you have consented to further processing and use.
Further information on the terms of use and data protection when using WhatsApp can be found at https://www.whatsapp.com/legal/#terms-of-service and https://www.whatsapp.com/legal/#privacy-policy.
Customer account and orders
Customer account
When you open a customer account, we collect your personal data to the extent specified there. The data processing serves the purpose of improving your shopping experience and simplifying order processing. The processing is carried out on the basis of Art. 6(1)(a) GDPR with your consent. You can withdraw your consent at any time by notifying us, without affecting the lawfulness of the processing carried out on the basis of the consent up to the point of withdrawal. Your customer account will subsequently be deleted.
Collection, processing and disclosure of personal data for orders
When you place an order, we collect and process your personal data only insofar as this is necessary for the fulfilment and processing of your order and for handling your enquiries. The provision of the data is necessary for the conclusion of the contract. Failure to provide it has the consequence that no contract can be concluded. The processing is carried out on the basis of Art. 6(1)(b) GDPR and is necessary for the performance of a contract with you.
Your data is disclosed, for example, to shipping companies, dropshipping or fulfilment providers, payment service providers, service providers for order processing and IT service providers. In all cases we strictly observe the statutory requirements. The scope of the data transfer is limited to a minimum.
Where applicable, your data will be transferred to third countries outside the EU, in particular to Canada and the USA, and processed there. An adequacy decision of the EU Commission exists for Canada. For the USA, an adequacy decision of the EU Commission is in place, the Trans-Atlantic Data Privacy Framework (TADPF). Shopify is not certified under the TADPF. This data transfer is carried out on the basis of contractual obligations that are comparable to those of the standard contractual clauses of the EU Commission.
Advertising
Use of your personal data for sending postal advertising
We use your personal data (name, address) that we have received in connection with the sale of goods or services in order to send you postal advertising, unless you have objected to this use. The provision of this data is necessary for the conclusion of the contract. Failure to provide it has the consequence that no contract can be concluded.
The processing is carried out on the basis of Art. 6(1)(f) GDPR in our overriding legitimate interest in direct advertising. You can object to this use of your address data at any time by notifying us. The contact details for exercising the objection can be found in the legal notice.
Use of the email address for sending newsletters
We use your email address to send you information and offers by newsletter, provided you have expressly consented to this. The data processing serves exclusively the purpose of advertising communication. For this purpose, we process your email address as well as any further data you have voluntarily provided when registering for our newsletter.
The processing is carried out on the basis of Art. 6(1)(a) GDPR with your consent. You can withdraw your consent at any time, without affecting the lawfulness of the processing carried out on the basis of the consent up to the point of withdrawal.
To do so, you can unsubscribe from the newsletter at any time using the corresponding link in the newsletter or by notifying us. Your email address will then be removed from the distribution list. Despite removal from the distribution list, we may continue to store your email address in a so-called blacklist in order to prevent you from receiving newsletter emails from us in the future. This storage is carried out on the basis of Art. 6(1)(f) GDPR in our and your legitimate interest in preventing the renewed use of your email address for sending our newsletter. You have the right to object at any time, on grounds relating to your particular situation, to this processing of personal data concerning you.
Use of the email address for sending direct advertising
We use your email address that we have received in connection with the sale of goods or services for the electronic transmission of advertising for our own goods or services that are similar to those you have already purchased from us, unless you have objected to this use. The provision of the email address is necessary for the conclusion of the contract. Failure to provide it has the consequence that no contract can be concluded. The processing is carried out on the basis of Art. 6(1)(f) GDPR in our overriding legitimate interest in direct advertising. You can object to this use of your email address at any time by notifying us. The contact details for exercising the objection can be found in the legal notice. You can also use the link provided for this purpose in the advertising email. No costs other than the transmission costs according to the basic rates arise for this.
Use of Klaviyo
For sending the newsletter we use the service of Klaviyo Inc. (125 Summer St Floor 7, Boston, MA 02111, USA; “Klaviyo”) as processing on our behalf (data processing agreement). We pass on the information you provided during the newsletter registration (email address, first and last name where applicable) to Klaviyo. The data processing serves the purpose of sending the newsletter and its statistical evaluation.
In order to evaluate newsletter campaigns, the newsletters sent contain a 1x1 pixel graphic (tracking pixel) or a tracking link. This allows us to determine whether you have opened the newsletter and whether you have clicked on any integrated links. In this context, we collect your personal data such as IP address, browser type and device as well as the time. Usage profiles may be created from this data under a pseudonym. The data collected is not used to identify you personally. The data collected is used solely for statistical evaluation to improve newsletter campaigns.
As a rule, your data is transmitted to servers of Klaviyo in the USA and stored there. For the USA, an adequacy decision of the EU Commission is in place, the Trans-Atlantic Data Privacy Framework (TADPF). Klaviyo has certified itself under the TADPF and has thereby undertaken to comply with European data protection principles.
The processing of your personal data is carried out on the basis of Art. 6(1)(f) GDPR in our overriding legitimate interest in a targeted, effective and user-friendly newsletter system. You have the right to object at any time, on grounds relating to your particular situation, to this processing of personal data concerning you.
Further information on data protection at Klaviyo can be found at https://www.klaviyo.com/legal/privacy-notice and at https://www.klaviyo.com/legal/data-processing-agreement.
Use of the email address for back-in-stock notifications
On our website we offer the service of product availability notification. Should an item be temporarily unavailable, you have the option of entering your email address on the respective item and being informed by us by email when it becomes available, provided you have consented to this. When the goods become available, you will receive a one-time notification by email about the availability of the respective item. The processing is carried out on the basis of Art. 6(1)(a) GDPR with your consent. You can withdraw your consent at any time, without affecting the lawfulness of the processing carried out on the basis of the consent up to the point of withdrawal. You can unsubscribe from the back-in-stock notification at any time by notifying us. Your email address will subsequently be removed from the distribution list.
Payment service providers
Use of Shopify Payments
On our website we use the payment service “Shopify Payments” of Shopify International Limited (2nd Floor Victoria Buildings, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland; “Shopify”). In this case, the payment processing is carried out by the payment service provider Stripe Payments Europe, Ltd. (1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland; “Stripe”). The data processing serves the purpose of being able to offer you payment via the payment service Shopify Payments. Upon selection and use of a corresponding “Shopify Payments” payment method, the data required for payment processing is transmitted to Stripe in order to be able to perform the contract with you using the selected payment method. This processing is carried out on the basis of Art. 6(1)(b) GDPR.
Stripe reserves the right to obtain, where applicable, a credit check on the basis of mathematical-statistical procedures using credit agencies. For this purpose, Stripe transmits the personal data required for a credit check to a credit agency and uses the information received about the statistical probability of a payment default for a balanced decision on the establishment, performance or termination of the contractual relationship. The credit check may include probability values (score values) which are calculated on the basis of scientifically recognised mathematical-statistical procedures and in whose calculation address data is included, among other things. Your legitimate interests will be taken into account in accordance with the statutory provisions. The data processing serves the purpose of the credit check for the initiation of a contract. The processing is carried out on the basis of Art. 6(1)(f) GDPR in our overriding legitimate interest in protection against payment default when Stripe makes advance performance.
You have the right to object at any time, on grounds relating to your particular situation, to this processing of personal data concerning you which is based on Art. 6(1)(f) GDPR, by notifying Stripe. The provision of the data is necessary for the conclusion of the contract with the payment method you have chosen. Failure to provide it has the consequence that the contract cannot be concluded with the payment method you have selected.
Further information on data processing when using the payment service Shopify Payments can be found in Shopify’s privacy policy at: https://www.shopify.com/de/legal/datenschutz.
Further information on data processing for payment handling via the payment service provider Stripe can be found in Stripe’s privacy policy at: https://stripe.com/de/privacy.
Use of PayPal
On our website we use the payment service PayPal of PayPal (Europe) S.à r.l. et Cie, S.C.A. (22-24 Boulevard Royal, L-2449 Luxembourg; “PayPal”).
The data processing serves the purpose of being able to offer you payment via the payment service PayPal. Upon selection and use of the PayPal payment method, the data required for payment processing (e.g. name, address, email address, order and payment data) is transmitted to PayPal in order to be able to perform the contract with you using the selected payment method. This processing is carried out on the basis of Art. 6(1)(b) GDPR.
For individual payment methods, PayPal reserves the right to obtain, where applicable, a credit check on the basis of mathematical-statistical procedures using credit agencies. The data processing serves the purpose of the credit check for the initiation of a contract. The processing is carried out on the basis of Art. 6(1)(f) GDPR in the overriding legitimate interest in protection against payment default. You have the right to object at any time, on grounds relating to your particular situation, to this processing of personal data concerning you which is based on Art. 6(1)(f) GDPR, by notifying PayPal.
The provision of the data is necessary for the conclusion of the contract with the payment method you have chosen. Failure to provide it has the consequence that the contract cannot be concluded with the payment method you have selected.
Further information on data processing when using PayPal can be found in PayPal’s privacy policy at: https://www.paypal.com/de/webapps/mpp/ua/privacy-full.
Cookies
Our website uses cookies. Cookies are small text files that are stored in the internet browser, or by the internet browser, on a user’s computer system. When a user calls up a website, a cookie may be stored on the user’s operating system. This cookie contains a characteristic string of characters that enables the browser to be uniquely identified when the website is called up again.
Cookies are stored on your computer. You therefore have full control over the use of cookies. By selecting the appropriate technical settings in your internet browser, you can be notified before cookies are set and decide individually whether to accept them, as well as prevent the storage of cookies and the transmission of the data they contain. Cookies that have already been stored can be deleted at any time. However, we would like to point out that you may then not be able to make full use of all functions of this website.
Using the links below, you can find out how to manage (including deactivate) cookies in the most common browsers:
- Chrome: https://support.google.com/accounts/answer/61416?hl=de
- Microsoft Edge: https://support.microsoft.com/de-de/microsoft-edge
- Mozilla Firefox: https://support.mozilla.org/de/kb/cookies-erlauben-und-ablehnen
- Safari: https://support.apple.com/de-de/guide/safari/manage-cookies-and-website-data-sfri11471/mac
Technically necessary cookies
Unless otherwise stated below in this privacy policy, we use only these technically necessary cookies for the purpose of making our offering more user-friendly, more effective and more secure. Cookies also enable our systems to recognise your browser even after you move to another page and to offer you services. Some functions of our website cannot be offered without the use of cookies. For these functions, it is necessary for the browser to be recognised even after you move to another page.
Cookies or comparable technologies are used on the basis of § 25(2) TDDDG. Your personal data is processed on the basis of Art. 6(1)(f) GDPR, on the grounds of our overriding legitimate interest in ensuring the optimal functionality of the website as well as a user-friendly and effective design of our offering.
You have the right to object at any time, on grounds relating to your particular situation, to this processing of personal data concerning you.
Use of Cookiebot
On our website we use the consent management tool Cookiebot provided by Cybot A/S (Havnegade 39, 1058 Copenhagen, Denmark; “Cookiebot”).
The tool enables you to give consent to data processing operations via the website, in particular to the setting of cookies, and to exercise your right to withdraw consent already given. The data processing serves the purpose of obtaining and documenting the required consents to data processing and thereby complying with legal obligations. Cookies may be used for this purpose. In this context, the following information, among others, may be collected and transmitted to Cookiebot: anonymised IP address, date and time of consent, URL from which the consent was sent, anonymous, random, encrypted key, consent status. This data is not passed on to any other third parties.
The data processing is carried out for compliance with a legal obligation on the basis of Art. 6(1)(c) GDPR.
You can find more detailed information on data protection at Cookiebot at: https://www.cookiebot.com/de/privacy-policy/
Analytics and advertising tracking
Use of Google Analytics 4
On our website we use the web analytics service Google Analytics provided by Google Ireland Limited (Gordon House, Barrow Street, Dublin 4, Ireland; “Google”).
The data processing serves the purpose of analysing this website and its visitors as well as marketing and advertising purposes. For this purpose, Google will use the information obtained on behalf of the operator of this website in order to evaluate your use of the website, to compile reports on website activity and to provide further services to the website operator relating to website use and internet use.
In this context, the following information, among others, may be collected: IP address, date and time of the page view, click path, information about the browser you use and the device you use, pages visited, referrer URL (website from which you accessed our website), location data, purchase activities. Your data may be linked by Google with other data, such as your search history, your personal accounts, your usage data from other devices and all other data that Google holds about you.
Your IP address is first truncated by us on our own servers. Google therefore receives exclusively pseudonymised data.
Google uses technologies such as cookies, browser web storage and counting pixels, which enable an analysis of your use of the website. Cookies or comparable technologies are used with your consent on the basis of § 25(1) sentence 1 TDDDG (German Digital Services Data Protection Act) in conjunction with Art. 6(1)(a) GDPR.
Your personal data is processed with your consent on the basis of Art. 6(1)(a) GDPR. You can withdraw your consent at any time without affecting the lawfulness of the processing carried out on the basis of the consent up to the point of withdrawal.
In this context we also use the service Google Signals. Google Signals enables cross-device tracking. Your data can therefore be analysed across devices if you have activated “personalised advertising” in your account settings and your devices are linked to your Google account. This makes it possible to identify on which device you search for products and later return in order to complete purchases on another device such as a tablet.
The cross-device reports created in this context contain exclusively aggregated data. We therefore only receive statistics created on the basis of Google Signals. In order to prevent the collection and storage of data by Google Signals across devices, you can deactivate the “personalised ads” function in the settings of your Google account. You can find further information on this at https://support.google.com/ads/answer/2662922?hl=de.
You can find more detailed information on data processing and data protection with regard to Google Signals at https://support.google.com/analytics/answer/7532985?hl=de.
We use the advanced implementation of the Consent Mode (Advanced Consent Mode). In this case, user data is also transmitted to Google in the form of “pings” where consent has not been given. These pings may contain the following information, among others: IP address for deriving the IP country (the IP address is not logged), date and time of the page view, URL of the pages visited, user agent, referrer URL (website from which our website was accessed) or information about the triggering of website events such as a conversion. On the basis of this information, Google carries out a modelling of user data in order to be able to perform a comprehensive usage analysis despite the refusal of consent.
The information generated in this way about your use of this website is as a rule transmitted to a Google server in the USA and stored there. For the USA, an adequacy decision of the EU Commission exists, the Trans-Atlantic Data Privacy Framework (TADPF). Google has certified itself under the TADPF and has thereby undertaken to comply with European data protection principles. Both Google and US government authorities have access to your data.
You can find more detailed information on the terms of use and data protection at https://policies.google.com/technologies/partnersites, at https://policies.google.com/privacy?hl=de&gl=de and at https://business.safety.google/privacy/.
Use of PostHog
On our website we use the analytics tool PostHog provided by PostHog Inc. (2261 Market Street #4008, San Francisco, CA 94114, USA; “PostHog”) within the framework of processing on our behalf (data processing agreement).
The data processing serves the purpose of analysing this website and its visitors as well as designing and optimising our offering in line with demand. The tool can be used to record and evaluate interactions of site visitors (e.g. page views, clicks and usage paths). In this context, the following information, among others, may be collected: IP address, date and time of the page view, pages visited, click path, information about the browser you use and the device you use. Usage profiles can be created from this data under a pseudonym. The data is not used to identify you personally.
The data is stored and processed exclusively on servers in the European Union (Frankfurt am Main, Germany). Insofar as access by PostHog Inc. from the USA takes place in an individual case, this is done on the basis of standard contractual clauses as appropriate safeguards for the protection of personal data, which can be viewed at: https://commission.europa.eu/law/law-topic/data-protection/international-dimension-data-protection/standard-contractual-clauses-scc_de.
Cookies or comparable technologies are used for this purpose. Cookies or comparable technologies are used with your consent on the basis of § 25(1) sentence 1 TDDDG in conjunction with Art. 6(1)(a) GDPR. Your personal data is processed with your consent on the basis of Art. 6(1)(a) GDPR. You can withdraw your consent at any time without affecting the lawfulness of the processing carried out on the basis of the consent up to the point of withdrawal.
You can find more detailed information on data protection at PostHog at https://posthog.com/privacy.
Use of Shopify statistics
On our website we use the statistics and analytics functions of Shopify International Ltd. (Victoria Buildings, 2nd Floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland; “Shopify”) within the framework of processing on our behalf (data processing agreement). Shopify is a company affiliated with Shopify Inc. (151 O’Connor Street, Ground Floor, Ottawa, Ontario, K2P 2L8, Canada).
The data processing serves the purpose of analysing this website and its visitors. For this purpose, data is stored for marketing and optimisation purposes and made available in reports, analyses and statistics. In this context, the following device information, among others, is collected and processed: information about the web browser, the IP address, the time zone and some of the cookies installed on your device. When you navigate on the website, information about the web pages or products called up, about the referrer URL (website from which you accessed our website) and information about how you interact with the website is also recorded. Technologies such as cookies as well as web beacons, tags and pixels (electronic files for recording information about how you navigate on the website) are used for this purpose.
Your data may be transferred to and processed in third countries outside the EU, in particular to Canada and the USA. For Canada, an adequacy decision of the EU Commission exists. For the USA, an adequacy decision of the EU Commission exists, the Trans-Atlantic Data Privacy Framework (TADPF). Shopify is not certified under the TADPF. This data transfer is carried out on the basis of contractual obligations that are comparable to those of the standard contractual clauses of the EU Commission.
Cookies or comparable technologies are used with your consent on the basis of § 25(1) sentence 1 TDDDG in conjunction with Art. 6(1)(a) GDPR. Your personal data is processed with your consent on the basis of Art. 6(1)(a) GDPR. You can withdraw your consent at any time without affecting the lawfulness of the processing carried out on the basis of the consent up to the point of withdrawal.
You can find more detailed information on data protection at Shopify at https://www.shopify.com/de/legal/datenschutz, information on the data processing agreement at https://www.shopify.com/de/legal/dpa and information on the cookies used at https://www.shopify.com/de/legal/cookies.
Use of the Meta Pixel
On our website we use the Meta Pixel provided by Meta Platforms Ireland Limited (4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland; “Meta”).
Meta and we are joint controllers for the collection of your data that takes place when the service is integrated and for the transmission of this data to Meta. The basis for this is a joint controller agreement between us and Meta on the joint processing of personal data, in which the respective responsibilities are laid down. The agreement can be accessed at https://de-de.facebook.com/legal/terms/businesstools. Accordingly, we are responsible in particular for fulfilling the information obligations pursuant to Art. 13, 14 GDPR, for complying with the security requirements of Art. 32 GDPR with regard to the correct technical implementation and configuration of the service, and for complying with the obligations under Art. 33, 34 GDPR insofar as a personal data breach concerns our obligations under the joint controller agreement. Meta is responsible for enabling the data subject rights pursuant to Art. 15–20 GDPR, for complying with the security requirements of Art. 32 GDPR with regard to the security of the service and for the obligations under Art. 33, 34 GDPR insofar as a personal data breach concerns Meta’s obligations under the joint controller agreement.
The application serves the purpose of addressing visitors to the website in a targeted manner with interest-based advertising on the social networks Facebook and Instagram. For this purpose, the remarketing tag from Meta has been implemented on the website. Via this tag, a direct connection to the Meta servers is established when the website is visited. This transmits to the Meta server which of our pages you have visited. Meta assigns this information to your personal Facebook and/or Instagram user account. When you visit the social networks Facebook or Instagram, personalised, interest-based ads are then displayed to you.
The application also serves the purpose of creating conversion statistics. In this context, we learn the total number of users who have clicked on one of our ads and were forwarded to a page bearing a conversion tracking tag, as well as which actions are carried out after being forwarded to this website. However, we do not receive any information that could be used to identify users personally.
Your data may be transferred to the USA. For the USA, an adequacy decision of the EU Commission exists, the Trans-Atlantic Data Privacy Framework (TADPF). Meta has certified itself under the TADPF and has thereby undertaken to comply with European data protection principles.
Your personal data is processed with your consent on the basis of Art. 6(1)(a) GDPR. You can withdraw your consent at any time without affecting the lawfulness of the processing carried out on the basis of the consent up to the point of withdrawal.
You can deactivate the remarketing function “Custom Audiences”. You can find more detailed information on the collection and use of data by Meta, on your rights in this regard and on options for protecting your privacy in Meta’s privacy notices at https://www.facebook.com/about/privacy/.
Use of Google Ads conversion tracking
On our website we use the online advertising programme “Google Ads” and, within this framework, conversion tracking (visit action evaluation). Google conversion tracking is an analytics service provided by Google Ireland Limited (Gordon House, Barrow Street, Dublin 4, Ireland; “Google”). If you click on an ad placed by Google, a cookie for conversion tracking is stored on your computer. These cookies have a limited validity, contain no personal data and therefore do not serve to identify you personally. If you visit certain pages of our website and the cookie has not yet expired, Google and we can recognise that you clicked on the ad and were forwarded to this page. Every Google Ads customer receives a different cookie. There is therefore no possibility of cookies being tracked across the websites of Ads customers.
The information obtained with the help of the conversion cookie serves the purpose of creating conversion statistics. In this context, we learn the total number of users who have clicked on one of our ads and were forwarded to a page bearing a conversion tracking tag. However, we do not receive any information that could be used to identify users personally. We use the advanced implementation of the Consent Mode (Advanced Consent Mode). In this case, user data is also transmitted to Google in the form of “pings” where consent has not been given. These pings may contain the following information, among others: IP address for deriving the IP country (the IP address is not logged), date and time of the page view, URL of the pages visited, user agent, referrer URL (website from which our website was accessed) or information about the triggering of website events such as a conversion. On the basis of this information, Google carries out a modelling of user data in order to be able to perform a comprehensive usage analysis despite the refusal of consent.
Your data may be transferred to the servers of Google LLC in the USA. For the USA, an adequacy decision of the EU Commission exists, the Trans-Atlantic Data Privacy Framework (TADPF). Google has certified itself under the TADPF and has thereby undertaken to comply with European data protection principles.
Cookies or comparable technologies are used with your consent on the basis of § 25(1) sentence 1 TDDDG in conjunction with Art. 6(1)(a) GDPR. Your personal data is processed with your consent on the basis of Art. 6(1)(a) GDPR. You can withdraw your consent at any time without affecting the lawfulness of the processing carried out on the basis of the consent up to the point of withdrawal.
You can find more detailed information as well as Google’s privacy policy at: https://www.google.de/policies/privacy/ or https://business.safety.google/privacy/
Use of Google’s remarketing or “Similar Audiences” function
On our website we use the remarketing or “Similar Audiences” function provided by Google Ireland Limited (Gordon House, Barrow Street, Dublin 4, Ireland; “Google”).
The application serves the purpose of analysing visitor behaviour and visitor interests. In order to carry out the analysis of website use, which forms the basis for the creation of interest-based advertisements, Google uses cookies. The cookies record visits to the website as well as anonymised data about the use of the website. No personal data of visitors to the website is stored. If you subsequently visit another website in the Google Display Network, you will be shown advertisements that are highly likely to take account of product and information areas previously accessed.
Your data may be transferred to servers of Google LLC in the USA. For the USA, an adequacy decision of the EU Commission exists, the Trans-Atlantic Data Privacy Framework (TADPF). Google has certified itself under the TADPF and has thereby undertaken to comply with European data protection principles.
Cookies or comparable technologies are used with your consent on the basis of § 25(1) sentence 1 TDDDG in conjunction with Art. 6(1)(a) GDPR. Your personal data is processed with your consent on the basis of Art. 6(1)(a) GDPR. You can withdraw your consent at any time without affecting the lawfulness of the processing carried out on the basis of the consent up to the point of withdrawal.
You can find more detailed information on Google remarketing as well as the associated privacy policy at: https://www.google.com/privacy/ads/ and https://business.safety.google/privacy/
Plug-ins and other services
Use of Google Tag Manager
On our website we use Google Tag Manager provided by Google Ireland Limited (Gordon House, Barrow Street, Dublin 4, Ireland; “Google”).
This application manages JavaScript tags and HTML tags that are used in particular to implement tracking and analysis tools. The data processing serves the purpose of designing our website in line with requirements and optimising it.
Google Tag Manager itself neither stores cookies nor processes personal data by such means. However, it does allow further tags to be triggered which may collect and process personal data.
Use of social plug-ins
On our website we use plug-ins of social networks. The integration of social plug-ins and the data processing taking place in this context serve the purpose of optimising the advertising for our products.
When social plug-ins are integrated, a connection is established between your computer and the servers of the providers of the social network, and the plug-in is displayed on the page by means of a notification to your browser, provided that you have expressly consented to this. In this process, both your IP address and the information as to which of our pages you have visited are transmitted to the provider’s servers. This applies irrespective of whether you are registered with or logged in to the social network. Transmission also takes place in the case of users who are not registered or not logged in. If you are simultaneously connected to one or more of your social network accounts, the information collected may also be assigned to your corresponding profiles. When you use the plug-in functions (e.g. by clicking the button), this information is likewise assigned to your user account. You can prevent this assignment by logging out of your social media accounts before visiting our website and before activating the buttons.
Cookies or comparable technologies are used with your consent on the basis of § 25(1) sentence 1 TDDDG (German Digital Services Data Protection Act) in conjunction with Art. 6(1)(a) GDPR. Your personal data is processed with your consent on the basis of Art. 6(1)(a) GDPR. You may withdraw your consent at any time without affecting the lawfulness of the processing carried out on the basis of the consent up to the point of withdrawal.
The social networks named below are integrated on our website by means of a social plug-in. You can find more detailed information on the scope and purpose of the collection and use of the data as well as on your related rights and options for protecting your privacy in the linked privacy notices of the providers.
Facebook provided by Meta Platforms Ireland Limited (4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland)
Meta Platforms Ireland and we are joint controllers for the collection of your data taking place when the service is integrated and for the transmission of this data to Facebook. This is based on an agreement between us and Meta Platforms Ireland on the joint processing of personal data, in which the respective responsibilities are set out. The agreement is available at https://www.facebook.com/legal/controller_addendum. According to this agreement, we are responsible in particular for fulfilling the information obligations pursuant to Art. 13, 14 GDPR, for complying with the security requirements of Art. 32 GDPR with regard to the correct technical implementation and configuration of the service, and for complying with the obligations under Art. 33, 34 GDPR insofar as a personal data breach concerns our obligations under the joint processing agreement. Meta Platforms Ireland is responsible for enabling the data subject rights pursuant to Art. 15 to 20 GDPR, for complying with the security requirements of Art. 32 GDPR with regard to the security of the service, and for the obligations under Art. 33, 34 GDPR insofar as a personal data breach concerns Meta Platforms Ireland’s obligations under the joint processing agreement.
Your data may be transferred to the USA. An adequacy decision of the EU Commission exists for the USA, the Trans-Atlantic Data Privacy Framework (TADPF). Meta has certified itself under the TADPF and has thereby undertaken to comply with European data protection principles.
You can find more detailed information on the collection and use of the data by Facebook, on your related rights and on options for protecting your privacy in Facebook’s privacy notices at https://www.facebook.com/about/privacy/.
Instagram provided by Meta Platforms Ireland Limited (4 Grand Canal Square, Dublin 2, Ireland): https://help.instagram.com/155833707900388
Your data may be transferred to the USA. An adequacy decision of the EU Commission exists for the USA, the Trans-Atlantic Data Privacy Framework (TADPF). Meta has certified itself under the TADPF and has thereby undertaken to comply with European data protection principles.
Use of Cloudflare
On our website we use the Content Delivery Network Cloudflare CDN provided by Cloudflare Inc. (101 Townsend St, San Francisco, CA 94107, USA; “Cloudflare”). This is a supra-regional network of servers in various data centres to which our web server connects and via which certain content of our website is delivered.
The data processing serves the purpose of optimising the loading times of our website and thus making our offering more user-friendly.
In this context, the following information, among other things, may be collected: IP address, system configuration information, information about the traffic to and from customer websites (so-called server log files).
Your data may be transferred to the USA. An adequacy decision of the EU Commission exists for the USA, the Trans-Atlantic Data Privacy Framework (TADPF). Cloudflare has certified itself under the TADPF and has thereby undertaken to comply with European data protection principles.
Your personal data is processed on the basis of Art. 6(1)(f) GDPR in our overriding legitimate interest in designing the website in line with requirements and in a targeted manner. You have the right, on grounds relating to your particular situation, to object at any time to processing of personal data concerning you which is based on Art. 6(1)(f) GDPR.
You can find more detailed information on data protection in connection with the use of Cloudflare at https://www.cloudflare.com/de-de/privacypolicy/.
Use of Sentry
On our website we use the error management tool Sentry provided by Functional Software, Inc. (45 Fremont Street, San Francisco, CA 94105, USA; “Sentry”) within the framework of processing on our behalf.
The data processing serves the purpose of optimising our website by checking system stability and by identifying, collecting and evaluating code errors of the website. Cookies may be used for this purpose.
In this context, your (anonymised) IP address is collected and transmitted to Sentry. It is not possible to assign the data to you personally. The data is processed exclusively for the purpose stated above. It is not processed for any other purposes, in particular not for advertising measures.
Your data is transferred to third countries outside the EU (Canada and the USA) and processed there. An adequacy decision of the EU Commission exists for Canada. An adequacy decision of the EU Commission exists for the USA, the Trans-Atlantic Data Privacy Framework (TADPF). Sentry has submitted itself to the TADPF and has thereby undertaken to comply with European data protection principles.
Cookies or comparable technologies are used with your consent on the basis of § 25(1) sentence 1 TDDDG (German Digital Services Data Protection Act) in conjunction with Art. 6(1)(a) GDPR. Your personal data is processed with your consent on the basis of Art. 6(1)(a) GDPR. You may withdraw your consent at any time without affecting the lawfulness of the processing carried out on the basis of the consent up to the point of withdrawal.
You can find more detailed information on data protection at Sentry at https://sentry.io/privacy/ and at https://sentry.io/legal/dpa/.
Data subject rights and storage period
Storage period
After the contract has been fully performed, the data is first stored for the duration of the warranty period and thereafter taking into account statutory retention periods, in particular retention periods under tax and commercial law, and is then erased upon expiry of those periods, unless you have consented to further processing and use.
Rights of the data subject
Where the statutory requirements are met, you have the following rights under Art. 15 to 20 GDPR: right of access, to rectification, to erasure, to restriction of processing, to data portability.
In addition, under Art. 21(1) GDPR you have a right to object to processing operations based on Art. 6(1)(f) GDPR as well as to processing for the purposes of direct marketing.
Right to lodge a complaint with the supervisory authority
Under Art. 77 GDPR you have the right to lodge a complaint with the supervisory authority if you consider that the processing of your personal data is not lawful.
You may lodge a complaint, among others, with the supervisory authority responsible for us, which you can reach using the following contact details:
Unabhängiges Datenschutzzentrum Saarland (Independent Data Protection Centre of Saarland)
Fritz-Dobisch-Str. 12
66111 Saarbrücken
Tel.: +49 681 947810
Fax: +49 681 9478129
E-Mail: poststelle@datenschutz.saarland.de
Right to object
Where the personal data processing operations listed here are based on our legitimate interest pursuant to Art. 6(1)(f) GDPR, you have the right, on grounds relating to your particular situation, to object to these processing operations at any time with effect for the future.
Following an objection, the processing of the data concerned will be discontinued, unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or where the processing serves the establishment, exercise or defence of legal claims.
Where personal data is processed for direct marketing purposes, you may object to this processing at any time by notifying us. Following an objection, we will discontinue the processing of the data concerned for direct marketing purposes.
