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PRIVACY

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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

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As the controller within the meaning of the data protection regulations, we inform you below about the processing of your personal data by us.

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I. The concept of personal data and other important terms

In simple terms, personal data is all information that relates to you personally as a data subject. Provisions on what the term ‘personal data’ means and what other terms important for the following data protection information mean can be found in Art. 4 of the GDPR (General Data Protection Regulation).

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II. Name and contact details of the controller; contact details of the data protection officer

In simple terms, the controller is the person who alone or jointly with others decides on the purposes and means of processing personal data. The name and contact details of the controller (and, if a data protection officer has been appointed, the contact details of the data protection officer) can be found in our provider identification / our legal notice.

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III Purposes of processing your personal data; legal bases for processing

We process your personal data as part of our activities for the purposes listed below in accordance with the legal bases stated in each case.

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1. to safeguard our legitimate interest in maintaining the proper operation of our website, in providing the most user-friendly functions possible and in analysing the use of our website, your personal data is processed on the basis of Article 6(1)(f) GDPR

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2. in order to take steps at your request prior to entering into a contract, your personal data will be processed on the basis of Article 6(1)(b) GDPR

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3. in order to safeguard our legitimate interest in responding to enquiries and in the implementation of other measures taken in response to an enquiry from you, your personal data will be processed on the basis of Article 6(1)(f) GDPR.

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4. for the fulfilment of a contract to which you are a party, your personal data will be processed on the basis of Article 6(1)(b) GDPR

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5. for the implementation of measures for the purpose of advertising, your personal data will be processed either on the basis of the consent you have given in accordance with Article 6 (1) (a) GDPR or on the basis of Article 6 (1) (f) GDPR.

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6. in order to fulfil legal obligations to which we are subject, your personal data will be processed on the basis of Article 6(1)(c) GDPR

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7. in order to safeguard our legitimate interest in the enforcement of our rights and in the defence against claims directed against us, your personal data is processed on the basis of Article 6 (1) (f) GDPR.

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Our systems are secured by state-of-the-art technical and organisational measures to protect your personal data from access, modification or dissemination by unauthorised persons and from loss and destruction.

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Information on the processing of your personal data for the individual processing purposes can be found in the corresponding further information in this privacy policy.

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IV. Transfer of your personal data to third parties; categories of recipients of your personal data

Insofar as this is necessary to achieve the purposes of processing your personal data, we transfer your personal data to third parties within the framework of the legal requirements. Detailed information on the transfer of your personal data to third parties for the individual processing purposes can be found in the corresponding further information in this privacy policy. In cases where your personal data is transferred to third parties, the scope of the data transferred is limited to the minimum necessary.

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V. Scope of the processing of your personal data for the individual processing purposes

In the following, we will inform you in detail about the processing of your personal data for the various processing purposes.

Your personal data will be deleted when it is no longer required for the respective processing purpose, unless we are authorised to continue processing the data for another processing purpose within the scope of the legal requirements and in accordance with the information in this privacy policy.

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1. Use of our website for information purposes

 

If you visit our website without providing us with information, we only process the personal data that your browser transmits to our server. This is the following data, which is technically necessary to display our website to you and to ensure stability and security:

 

  • The page you have called up

  • Date and time of the enquiry

  • Amount of data transferred

  • Source or reference from which you accessed the page

  • The browser you are using

  • The operating system you are using

  • Your IP address

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Your personal data is processed on the basis of Article 6(1)(f) GDPR to protect our legitimate interest in maintaining the proper operation of our website, in providing the most user-friendly functions possible and in analysing the use of our website.

 

Your personal data will be deleted after 6 months, unless they are still required for the assertion of rights or the enforcement of claims due to measures against the proper operation of our website. In this case, the deletion will take place immediately after the conclusion of the corresponding proceedings.

 

You are not obliged to provide your personal data. However, failure to provide your personal data would mean that you would not be able to view our website.

 

2. Processing of enquiries

 

If you contact us with an enquiry or request, we will process the personal data and information/documents you provide. Irrespective of the way in which you send us your enquiry or request, this may include

 

  • Date and time of contact

  • Name data

  • contact details

  • Data on the enquiry/concern

  • Information/documents transmitted

 

Your personal data and the information/documents transmitted are processed - depending on the content of your enquiry or request - on the basis of Article 6(1)(b) GDPR for the performance of pre-contractual measures or on the basis of Article 6(1)(b) GDPR for the performance of a contract to which you are a party or on the basis of Article 6(1)(f) GDPR to safeguard our legitimate interest in responding to enquiries/requests and in carrying out other measures in connection with the processing of enquiries/requests.

 

Insofar as this is necessary for processing your enquiry/request, we will transfer your personal data to third parties in accordance with the legal requirements. In cases where your personal data is transferred to third parties, the scope of the data transferred is limited to the minimum required.

 

Your personal data will be deleted when your enquiry/request has been resolved, but at the earliest after expiry of the retention periods under tax and commercial law of 6 or 10 years, unless we are permitted to continue processing the data for another processing purpose within the scope of the legal requirements and in accordance with the information in this privacy policy.

 

You are not obliged to provide your personal data. However, failure to provide your personal data would mean that we would not be able to process your enquiry or request.

 

3. Fulfilment of contracts

 

If you provide us with personal data for the purpose of concluding a contract or in connection with a contract, we process the data provided by you for the fulfilment of the contract. This is your customer data (e.g. your name and address) and the contract data (e.g. details of the products covered by the contract as well as payment and delivery information).

 

Your personal data is processed on the basis of Article 6(1)(b) GDPR for the fulfilment of a contract to which you are a party.

 

Insofar as this is necessary for the fulfilment of the contract with you, we will transfer your personal data to third parties within the framework of the legal requirements. This transfer takes place to the service providers involved in the fulfilment of the contract. These are the providers of the processing tools we use, the companies commissioned with transport and the payment service providers commissioned with payment matters.

 

If you use the payment service provider PayPal for the processing of payment transactions, we expressly point out that the PayPal data protection declaration applies to all PayPal transactions: https://www.paypal.com/de/webapps/mpp/ua/privacy-full?locale.x=de_DE

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In cases where your personal data is transferred to third parties, the scope of the data transferred is limited to the minimum required.

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Your personal data will be deleted after expiry of the retention periods of 6 or 10 years under tax and commercial law, unless we are authorised to continue processing the data for another processing purpose within the scope of the legal requirements and in accordance with the information in this privacy policy.

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The provision of your personal data is required for the conclusion of a contract with us. You are not obliged to provide your personal data. However, failure to provide your personal data would mean that we would not be able to conclude a contract with you.

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4. Advertising via newsletter

If you subscribe to our newsletter, we will process the email address you provide - and, if you provide further personal data, this too - in order to send you information about our offers by email. In this respect, only the provision of your email address is mandatory. If you voluntarily provide further personal data, we may process this data in order to address you personally in the newsletter.

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When you register for our newsletter, you give your consent with the following content: ‘I agree to be informed by email about interesting offers and therefore consent to the processing of my email address and the other personal data provided by me for the purpose of sending the newsletter. I can revoke this consent at any time and without giving reasons with effect for the future. The legality of the processing carried out until the revocation remains unaffected in the event of revocation.’

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The registration for our newsletter takes place in the so-called double opt-in procedure. This means that after registering, you will first receive an email informing you that you have registered for the newsletter and asking you to confirm your registration. Your confirmation of the registration is necessary to document the required consent to the sending of the newsletter and to be able to recognise registrations to third-party e-mail addresses. In connection with the registrations for the newsletter and the confirmations, the IP address as well as the date and time are logged in order to be able to prove the granting of consent in accordance with the legal requirements if necessary.

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Your personal data is processed on the basis of the consent you have given in accordance with Article 6(1)(a) GDPR.

You can revoke your consent at any time and without giving reasons with effect for the future. All you need to do is send a corresponding message to the controller, whose contact details can be found in the information on the controller. The lawfulness of the processing carried out until the revocation remains unaffected in the event of revocation.

If you revoke your consent or unsubscribe from our newsletter, your email address and any other data transmitted will be deleted immediately, unless we are permitted to continue processing the data for another purpose within the scope of the legal requirements and in accordance with the information in this privacy policy.

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In order to receive our newsletter, it is at least necessary to provide your email address. You are not obliged to provide your email address. However, if you do not provide your email address, you will not be able to subscribe to our newsletter.

5. advertising by letter post

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We may process the personal data you provide regarding your first name, surname and address in order to send you information about our offers by post.

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In this respect, your personal data is processed on the basis of Article 6(1)(f) GDPR to protect our legitimate interest in carrying out advertising measures by post.

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You can object to the processing of your personal data for the purpose of carrying out advertising measures by post at any time. All you need to do is send a corresponding message to the controller, whose contact details can be found in the information on the controller.

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If you object to the processing of your personal data for the purpose of carrying out advertising measures by letter post, the personal data you have provided on your first name, surname and address will be deleted immediately, unless we are authorised to continue processing the data for another purpose within the scope of the legal requirements and in accordance with the information in this privacy policy.

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You are not obliged to provide your personal data for the realisation of advertising measures by letter post. However, failure to provide your personal data would mean that we would not be able to send you advertising by post.

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6. Fulfilment of legal obligations to which we are subject

We process your personal data to fulfil legal obligations to which we are subject within the framework of the relevant requirements.

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To fulfil legal obligations to which we are subject, your personal data is processed on the basis of Article 6(1)(c) GDPR.

If this is necessary for the fulfilment of legal obligations to which we are subject, we will transfer your personal data to third parties within the framework of the legal requirements. In cases where your personal data is transferred to third parties, the scope of the data transferred is limited to the minimum necessary.

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Your personal data will be deleted if it is no longer required for the fulfilment of legal obligations to which we are subject, unless we are permitted to continue processing the data for another processing purpose within the scope of the legal requirements and in accordance with the information in this data protection declaration.

 

7. Enforcement of our rights and defence against claims made against us

If necessary, we process your personal data to protect our legitimate interest in the enforcement of our rights and in the defence against claims made against us.

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In this case, your personal data will be processed on the basis of Article 6(1)(f) GDPR.

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If this is necessary to safeguard our legitimate interests, we will transfer your personal data to third parties in accordance with the statutory provisions. This transfer takes place to the providers of debt collection services involved or to our lawyers.

In cases where your personal data is transferred to third parties, the scope of the data transferred is limited to the minimum necessary.

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Your personal data will be deleted after completion of the procedure, but at the earliest after expiry of the tax and commercial law retention periods of 6 or 10 years, unless we are authorised to continue processing the data for another processing purpose within the framework of the legal requirements and in accordance with the information in this data protection declaration.

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VI Duration for which your personal data is stored or criteria for determining this duration

Your personal data will be deleted when it is no longer required for the respective processing purpose, unless we are authorised to continue processing the data for another processing purpose within the framework of the legal requirements and in accordance with the information in this privacy policy. Information on the duration for which your personal data is stored or the criteria for determining this duration can be found in the information on the processing of your personal data for the individual processing purposes in this privacy policy.

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VII. Your rights

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1. overview

In order to ensure fair and transparent processing of personal data, you as a data subject have the following rights in accordance with data protection legislation:

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  • the right of access under Article 15 GDPR,

  • the right to rectification in accordance with Article 16 GDPR,

  • the right to erasure in accordance with Article 17 GDPR,

  • the right to restriction of processing under Article 18 GDPR,

  • the right to data portability in accordance with Article 20 GDPR

  • the right to withdraw consent at any time in accordance with Article 7(3) GDPR

  • the right to object to processing in accordance with Article 21 GDPR, about which we will inform you separately below

  • and the right to lodge a complaint with the supervisory authority in accordance with Art. 77 GDPR, about which we will inform you separately below.

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2. Your right to object to the processing

The processing of personal data is permitted if the processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child, Art. 6 (1) (f) GDPR.

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As the data subject, you have the right to object, on grounds relating to your particular situation, at any time to processing of personal data concerning you which is based on point (f) of Article 6(1) GDPR, including profiling based on those provisions.

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If you exercise your right to object, we will no longer process your personal data unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms as the data subject or for the establishment, exercise or defence of legal claims.

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If we process your personal data for direct marketing purposes, you as the data subject have the right to object at any time to the processing of personal data concerning you for such marketing, which includes profiling to the extent that it is related to such direct marketing. If you as the data subject object to processing for direct marketing purposes, your personal data will no longer be processed for these purposes.

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3. Your right to lodge a complaint with the supervisory authority

As a data subject, 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 habitual residence, place of work or place of the alleged infringement if you consider that the processing of personal data relating to you infringes the provisions of the GDPR.

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VIII. Information on the basis for the provision of your personal data and possible consequences of non-provision

To the extent necessary to ensure fair and transparent processing, you will find information on the basis for the provision of your personal data and the possible consequences of non-provision in the information on the processing of your personal data for the individual processing purposes.

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