Privacy Policy

Protection of your personal data

The person responsible within the meaning of the General Data Protection Regulation, other data protection laws in the Member States of the European Union and other provisions with data protection character is:

TOM's Fahrzeugtechnik
Enzlar 5
D-91477 Markt Bibart

A. General information about data processing

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

In the processing of personal data necessary for the fulfillment of a contract to which the contract party is the data subject, Art. 6 para. 1 lit. b GDPR as legal basis. This also applies to processing operations required to carry out pre-contractual actions.

Insofar as processing of personal data is required to fulfill a legal obligation that is subject to our company, Art. 6 para. 1 lit. c GDPR as legal basis.

In the event that vital interests of the data subject or another natural person require the processing of personal data, Art. 6 para. 1 lit. d GDPR as legal basis.

If processing is necessary to safeguard the legitimate interests of our company or a third party, and if the interests, fundamental rights and freedoms of the data subject do not prevail over the first interest, Art. 6 para. 1 lit. f GDPR as legal basis for processing.

B. Provision of website and logfiles

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

The following data is collected:

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

This data is stored in the log files of our system. A storage of this data together with other personal data of the user does not take place

Legal basis for data processing
The legal basis for the temporary storage of data and log files is Art. 6 para. 1 lit. f GDPR

Purpose of data processing
Storage in log files is done to ensure the functionality of the website. For these purposes, our legitimate interest in the processing of data according to Art. 6 para. 1 lit. f GDPR.

Duration of storage
The data will be deleted as soon as it is no longer necessary for the purpose of its collection. In the case of collecting the data for providing the website, this is the case when the respective session is completed.

Opposition and removal possibility
The collection of data for the provision of the website and the storage of the data in log files is essential for the operation of the website. There is consequently no contradiction on the part of the user.

C. Use of cookies

Our websites use cookies in several places. Cookies are small text files that are stored on your computer and stored by your browser. This will allow to save specific, user-related information on your PC while you visit our web site. Cookies help to determine the frequency of use and the number of users of a website, as well as to make the website as convenient and efficient as possible for you.

The following information is stored by cookies:

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

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

- Recently viewed articles (if you have not deactivated this feature)

- A list of 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) lit. f GDPR.

The legal basis for the processing of personal data using cookies for analysis purposes is the consent of the user Art. 6 para. 1 lit. a GDPR.

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

The use of the analysis cookies is for the purpose of improving the quality of our website and its contents. For these purposes, our legitimate interest in the processing of personal data pursuant to Art. 6 para. 1 lit. f GDPR.

Duration of storage
Cookies are stored on the computer of the user and transmitted by this on our side. Therefore, as a user, you have full control over the use of cookies. By changing the settings in your internet browser, you can disable or restrict the transmission of cookies. Already saved cookies can be deleted at any time.

Opposition and removal possibility
Use of our website is also possible without cookies. You can disable the storage of cookies in your browser, restrict them to certain websites or set your browser to notify them when 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 opening a customer account, we collect your personal data in the scope indicated there. The purpose of data processing is to improve your shopping experience and simplify order processing. Processing is based on Art. 6 (1) lit. a GDPR with your consent. You can revoke your consent at any time by notifying us without affecting the lawfulness of the processing carried out on the basis of the consent until the revocation. Your customer account will be deleted afterwards.

Collection, processing and use of personal data for orders
When ordering, we collect and use your personal information only to the extent necessary for pre-contractual action, to fulfill and process your order and to process your requests. The provision of the data is required for the conclusion of the contract. Non-provisioning means that no contract can be concluded. Processing is based on Art. 6 (1) lit. b GDPR and is required to fulfill a contract with you. A transfer of your data to third parties without your express consent does not take place. Excluded from this are only our service partners, which we need to process the contractual relationship or service providers of which we serve in the context of a processing order. In addition to the recipients named in the respective clauses of this privacy policy, these are, for example, recipients of the following categories: shipping service providers, payment service providers, merchandise management service providers, order processing service providers, web hosting providers, IT service providers. In all cases, we strictly adhere to the legal requirements. The amount of data transmission is limited to a minimum.

Duration of storage
The data will be deleted as soon as it is no longer necessary for the purpose of its collection. Even after the completion of the contract, there may be a need to store personal data of the contracting party in order to comply with contractual or legal obligations. After completion of the contract, the data are initially stored for the duration of the warranty period, then taking into account statutory, especially tax and commercial retention periods and then deleted after the deadline, unless you have agreed to further processing and use.

Rights of the person concerned
You are entitled to the following rights under Art. 15 to 20 GDPR if the legal prerequisites are met: Right to information, to correction, to cancellation, to limitation of processing, to data portability.

In addition, according to Art. 21 (1) GDPR, you are entitled to a right of objection to the processing based on Art. 6 (1) of the GDPR and to processing for the purpose of direct mail.


E. Contact by e-mail

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

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

Legal basis for data processing
Legal basis for the processing of the data is in the presence of the consent of the user Art. 6 para. 1 lit. a GDPR.

The legal basis for the processing of the data transmitted in the course of sending an e-mail is Article 6 (1) lit. f GDPR. If an e-mail contact is intended to conclude a contract, additional legal basis for processing is Art. 6 para. 1 lit. b GDPR.

Purpose of data processing
In the case of contact via e-mail, the personal data contained in it is processed to process the contact and this is also the necessary legitimate interest in the processing of the data.

Duration of storage
The data will be deleted after completing your request and answering your request, unless the request has entered into a contractual relationship.

Opposition and removal possibility
The user has the possibility at any time to revoke his consent to the processing of the personal data. The revocation can be made by sending an e-mail or by contacting us by phone or mail.

All personal data stored in the course of contacting will be deleted in this case.

F. Disclosure of data to third parties

Parcel Service:
As part of the execution of the order, it is necessary that we send your name and address consisting of road and place of residence to our parcel service. The transmission is necessary to be able to deliver your order. The transmission of the data is limited to the required minimum. Only the data necessary for the delivery of your shipment will be transmitted. After delivery of the goods, the data is deleted at the parcel service provider and the forwarding company.

By placing the order you agree that the data described above regarding the delivery of the goods will be transferred to our parcel service providers. The provisions of this and the following sections apply accordingly to your rights.

PayPal:
On our website we offer, amongst others, the payment via PayPal. Provider of this payment service is PayPal (Europe) S.à.r.l. et Cie, S.C.A., 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.

The transmission of your data to PayPal is based on Art. 6 para. 1 lit. a GDPR (consent) and Art. 6 para. 1 lit. b GDPR (processing to fulfill a contract). You have the option to revoke your consent to data processing at any time. Revocation does not affect the effectiveness of historical data processing operations.

For more information on how to deal with user data, please refer to PayPal's Privacy Policy at: https://www.paypal.com/webapps/mpp/ua/privacy-full?locale.x=en_US

YouTube:
Our website uses plugins from the Google-powered YouTube page. Site operator is YouTube, LLC, 901 Cherry Ave., San Bruno, CA 94066, USA.

When you visit one of our YouTube plug-in-enabled sites, you will be connected to the servers of YouTube. It tells the YouTube server which of our pages you've visited.

If you're logged into your YouTube account, YouTube will allow you to associate your browsing behavior directly with your personal profile. You can prevent this by logging out of your YouTube account.

The use of YouTube is in the interest of an attractive presentation of our online offers. This constitutes a legitimate interest within the meaning of Art. 6 para. 1 lit. f GDPR.

For more information about how to handle user data, please refer to the YouTube Privacy Policy at https://www.google.com/intl/en/policies/privacy

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

To use the features of Google Maps, it is necessary to save your IP address. This information is usually transmitted to and stored on a Google server in the United States. The provider of this site has no influence on this data transfer.

The use of Google Maps is in the interest of an attractive presentation of our online offers and an easy findability of the places we have indicated on the website. This constitutes a legitimate interest within the meaning of Art. 6 para. 1 lit. f GDPR.

For more information on how to handle user data, please refer to Google's Privacy Policy: https://www.google.com/intl/en/policies/privacy/.

G. Rights of the person concerned

If we process your personal data, you are concerned as defined by GDPR and you have the following rights to us ("the person responsible"):

1) Right to information
You may ask the person responsible to confirm if personal data concerning you is processed by us.

If such processing is available, you can request information from the person responsible about the following information:

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

b. the categories of personal data that are processed;

c. the recipients or the categories of recipients to whom the personal data relating to you have been disclosed or are still being disclosed;

d. the planned duration of the storage of your personal data or, if specific information is not available, criteria for determining the duration of storage;

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

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

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

H. the existence of automated decision-making including profiling under Article 22 (1) and (4) GDPR and, at least in these cases, meaningful information about the logic involved, and the scope and intended impact of such processing on the data subject.

You have the right to request information about whether your personal information relates to a third country or an international organization. In this connection, you can request the appropriate guarantees in accordance with. Art. 46 GDPR in connection with the transfer.

2) Right to rectification
You have a right to rectification and / or completion to the person responsible if the personal data processed is incorrect or incomplete. The responsible person must make the correction without delay.

3) Right to cancellation
3.1) You may require the person responsible to delete your personal information without delay, and the person responsible is obliged to delete that information immediately if one of the following is true:

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

b. You revoke your consent to the processing gem. Art. 6 para. 1 lit. a or Art. 9 para. 2 lit. GDPR and there is no other legal basis for processing.

c. Referring to. Art. 21 para. 1 GDPR you object to the processing and there are no prior justifiable reasons for the processing or referring. Art. 21 para. 2 GDPR you lay opposition to processing.

d. Your personal data has been processed unlawfully.

e. The deletion of personal data concerning you is required 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 were collected in relation to information society services offered pursuant to Art. 8 (1) GDPR.

3.2) If the person responsible has made the personal data relating to you public and is in accordance with. Article 17 (1) of the GDPR obligated to delete, it shall take appropriate measures, including technical means, to inform data controllers who process the personal data that you have been affected and required the deletion of all links to such personal data or of copies or replications of such personal data, considering available technology and implementation costs


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

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

b. to fulfill a legal obligation required by the law of the Union or of the Member States to which the person responsible is subject, or to carry out a task of public interest or in the exercise of official authority conferred on the person responsible;

c. for reasons of public interest in the field of public health pursuant to Art. 9 (2) lit. h and i and Art. 9 (3) GDPR;

d. for archival purposes of public interest, scientific or historical research purposes or for statistical purposes acc. Article 89 (1) GDPR, to the extent that the law referred to in paragraph 1 is likely to render impossible or seriously affect the achievement of the objectives of that processing, or

e. to assert, exercise or defend legal claims.

4) Right to restriction of processing
You may request the restriction of the processing of your personal data under the following conditions:

a. if you contest the accuracy of your personal information for a period of time that enables the person responsible to verify the accuracy of your personal information;

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

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

d. if you objected to the processing pursuant to Art. 21 (1) GDPR and it is not yet certain whether the legitimate reasons of the person responsible prevail over your reasons.

If the processing of personal data concerning you has been restricted, this data may only be used with your consent or for the purpose of asserting, exercising or defending legal claims or protecting the rights of another natural or legal person or for reasons of important public interest Union or a Member State.

If the limitation of the processing after the above-mentioned conditions are restricted, you will be informed by the person responsible before the restriction is canceled.

5) Right to information
If you have the right of rectification, erasure or restriction of the processing to the person responsible, he / she is obliged to notify all recipients to whom your personal data have been disclosed of this correction or deletion of the data or limitation of processing, unless this proves to be impossible or involves a disproportionate effort.

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

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

a. the processing on a consent acc. Art. 6 para. 1 lit. a GDPR or Art. 9 para. 2 lit. a GDPR or on a contract acc. Art. 6 para. 1 lit. b GDPR is based and

b. the processing is done using automated procedures.

In exercising this right, you also have the right to obtain that your personal data relating to you are transmitted directly from one person responsible to another person responsible, as far as this is technically feasible. Freedoms and rights of other persons may not be affected.

The right to data portability does not apply to the processing of personal data necessary for the performance of a task in the public interest or in the exercise of official authority delegated to the person responsible.

7) Right to object
You have the right at any time, for reasons that arise from your particular situation, against the processing of your personal data, which pursuant to Art. 6 para. 1 lit. e or f GDPR takes an objection; this also applies to profiling based on these provisions.

Following an appeal, the person responsible will cease to process the personal data concerning you, unless he can demonstrate compelling legitimate grounds for processing that outweigh your interests, rights and freedoms, or the processing is for the purpose of enforcing, pursuing or defending legal claims.

If the personal data relating to you are processed for direct marketing purposes, 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 mail.

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

Regardless of Directive 2002/58 / EC, you have the option, in the context of the use of information society services, of exercising your right of opposition through automated procedures that use technical specifications.

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

9) Automated decision on a case-by-case basis
You have the right not to be subjected to a decision based solely on automated processing - including profiling - that will have legal effect or similarly affect you in a similar manner. This does not apply if the decision

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

b. is permissible on the basis of Union or Member State legislation to which the person responsible is subject, and that legislation contains adequate measures to safeguard your rights and freedoms and your legitimate interests, or with your express consent.

However, these decisions must not be based on special categories of personal data under Art. 9 (1) GDPR, unless Art. 9 (2) lit. a or g and reasonable measures have been taken to protect the rights and freedoms and your legitimate interests.

Regarding the in a. and c. in the above-mentioned cases, the person responsible shall take appropriate measures to safeguard the rights and freedoms and your legitimate interests, including at least the right to obtain the intervention of a person by the person responsible, to express his or her own position 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 complain to a supervisory authority, in particular in the Member State of its place of residence, employment or the place of the alleged infringement, if you believe that the processing of your personal data is contrary to the GDPR.
The supervisory authority to which the complaint has been submitted shall inform the complainant of the status and results of the complaint, including the possibility of a judicial remedy pursuant to Article 78 of the GDPR.


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