1. An overview of data protection
The following information will provide you with an easy to navigate overview of what will happen with your personal data when you visit this website. The term “personal data” comprises all data that can be used to personally identify you. For detailed information about the subject matter of data protection, please consult our Data Protection Declaration, which we have included beneath this copy.
Data recording on this website
Who is the responsible party for the recording of data on this website (i.e. the “controller”)?
The data on this website is processed by the operator of the website, whose contact information is available under section “Information Required by Law” on this website.
How do we record your data?
We collect your data as a result of your sharing of your data with us. This may, for instance be information you enter into our contact form.
Our IT systems automatically record other data when you visit our website. This data comprises primarily technical information (e.g. web browser, operating system or time the site was accessed). This information is recorded automatically when you access this website.
What are the purposes we use your data for?
A portion of the information is generated to guarantee the error free provision of the website. Other data may be used to analyse your user patterns.
What rights do you have as far as your information is concerned?
You have the right to receive information about the source, recipients and purposes of your archived personal data at any time without having to pay a fee for such disclosures. You also have the right to demand that your data are rectified or eradicated. Please do not hesitate to contact us at any time under the address disclosed in section “Information Required by Law” on this website if you have questions about this or any other data protection related issues. You also have the right to log a complaint with the competent supervising agency.
Moreover, under certain circumstances, you have the right to demand the restriction of the processing of your personal data. For details, please consult the Data Protection Declaration under section “Right to Restriction of Data Processing.”
Analysis tools and tools provided by third parties
There is a possibility that your browsing patterns will be statistically analysed when your visit this website. Such analyses are performed primarily with cookies and with what we refer to as analysis programmes. As a rule, the analyses of your browsing patterns are conducted anonymously; i.e. the browsing patterns cannot be traced back to you.
You have the option to object to such analyses or you can prevent their performance by not using certain tools. For detailed information about the tools and about your options to object, please consult our Data Protection Declaration below.
2. General information and mandatory information
The operators of this website and its pages take the protection of your personal data very seriously. Hence, we handle your personal data as confidential information and in compliance with the statutory data protection regulations and this Data Protection Declaration.
Whenever you use this website, a variety of personal information will be collected. Personal data comprises data that can be used to personally identify you. This Data Protection Declaration explains which data we collect as well as the purposes we use this data for. It also explains how, and for which purpose the information is collected.
We herewith advise you that the transmission of data via the Internet (i.e. through e-mail communications) may be prone to security gaps. It is not possible to completely protect data against third party access.
Information about the responsible party (referred to as the “controller” in the GDPR)
The data processing controller on this website is:
Ulmer Straße 262
Phone: +49 711 45958182
The controller is the natural person or legal entity that single-handedly or jointly with others makes decisions as to the purposes of and resources for the processing of personal data (e.g. names, e-mail addresses, etc.).
Revocation of your consent to the processing of data
A wide range of data processing transactions are possible only subject to your express consent. You can also revoke at any time any consent you have already given us. To do so, all you are required to do is sent us an informal notification via e-mail. This shall be without prejudice to the lawfulness of any data collection that occurred prior to your revocation.
Right to object to the collection of data in special cases; right to object to direct advertising (Art. 21 GDPR)
IN THE EVENT THAT DATA ARE PROCESSED ON THE BASIS OF ART. 6 SECT. 1 LIT. E OR F GDPR, YOU HAVE THE RIGHT TO AT ANY TIME OBJECT TO THE PROCESSING OF YOUR PERSONAL DATA BASED ON GROUNDS ARISING FROM YOUR UNIQUE SITUATION. THIS ALSO APPLIES TO ANY PROFILING BASED ON THESE PROVISIONS. TO DETERMINE THE LEGAL BASIS, ON WHICH ANY PROCESSING OF DATA IS BASED, PLEASE CONSULT THIS DATA PROTECTION DECLARATION. IF YOU LOG AN OBJECTION, WE WILL NO LONGER PROCESS YOUR AFFECTED PERSONAL DATA, UNLESS WE ARE IN A POSITION TO PRESENT COMPELLING PROTECTION WORTHY GROUNDS FOR THE PROCESSING OF YOUR DATA, THAT OUTWEIGH YOUR INTERESTS, RIGHTS AND FREEDOMS OR IF THE PURPOSE OF THE PROCESSING IS THE CLAIMING, EXERCISING OR DEFENCE OF LEGAL ENTITLEMENTS (OBJECTION PURSUANT TO ART. 21 SECT. 1 GDPR).
IF YOUR PERSONAL DATA IS BEING PROCESSED IN ORDER TO ENGAGE IN DIRECT ADVERTISING, YOU HAVE THE RIGHT TO AT ANY TIME OBJECT TO THE PROCESSING OF YOUR AFFECTED PERSONAL DATA FOR THE PURPOSES OF SUCH ADVERTISING. THIS ALSO APPLIES TO PROFILING TO THE EXTENT THAT IT IS AFFILIATED WITH SUCH DIRECT ADVERTISING. IF YOU OBJECT, YOUR PERSONAL DATA WILL SUBSEQUENTLY NO LONGER BE USED FOR DIRECT ADVERTISING PURPOSES (OBJECTION PURSUANT TO ART. 21 SECT. 2 GDPR).
Right to log a complaint with the competent supervisory agency
In the event of violations of the GDPR, data subjects are entitled to log a complaint with a supervisory agency, in particular in the member state where they usually maintain their domicile, place of work or at the place where the alleged violation occurred. The right to log a complaint is in effect regardless of any other administrative or court proceedings available as legal recourses.
Right to data portability
You have the right to demand that we hand over any data we automatically process on the basis of your consent or in order to fulfil a contract be handed over to you or a third party in a commonly used, machine readable format. If you should demand the direct transfer of the data to another controller, this will be done only if it is technically feasible.
SSL and/or TLS encryption
For security reasons and to protect the transmission of confidential content, such as purchase orders or inquiries you submit to us as the website operator, this website uses either an SSL or a TLS encryption programme. You can recognise an encrypted connection by checking whether the address line of the browser switches from “http://” to “https://” and also by the appearance of the lock icon in the browser line.
If the SSL or TLS encryption is activated, data you transmit to us cannot be read by third parties.
Encrypted payment transactions on this website
If you are under an obligation to share your payment information (e.g. account number if you give us the authority to debit your bank account) with us after you have entered into a fee-based contract with us, this information is required to process payments.
Payment transactions using common modes of paying (Visa/MasterCard, debit to your bank account) are processed exclusively via encrypted SSL or TLS connections. You can recognise an encrypted connection by checking whether the address line of the browser switches from “http://” to “https://” and also by the appearance of the lock icon in the browser line.
If the communication with us is encrypted, third parties will not be able to read the payment information you share with us.
Information about, rectification and eradication of data
Within the scope of the applicable statutory provisions, you have the right to at any time demand information about your archived personal data, their source and recipients as well as the purpose of the processing of your data. You may also have a right to have your data rectified or eradicated. If you have questions about this subject matter or any other questions about personal data, please do not hesitate to contact us at any time at the address provided in section “Information Required by Law.”
Right to demand processing restrictions
You have the right to demand the imposition of restrictions as far as the processing of your personal data is concerned. To do so, you may contact us at any time at the address provided in section “Information Required by Law.” The right to demand restriction of processing applies in the following cases:
- In the event that you should dispute the correctness of your data archived by us, we will usually need some time to verify this claim. During the time that this investigation is ongoing, you have the right to demand that we restrict the processing of your personal data.
- If the processing of your personal data was/is conducted in an unlawful manner, you have the option to demand the restriction of the processing of your data in lieu of demanding the eradication of this data.
- If we do not need your personal data any longer and you need it to exercise, defend or claim legal entitlements, you have the right to demand the restriction of the processing of your personal data instead of its eradication.
- If you have raised an objection pursuant to Art. 21 Sect. 1 GDPR, your rights and our rights will have to be weighed against each other. As long as it has not been determined whose interests prevail, you have the right to demand a restriction of the processing of your personal data.
If you have restricted the processing of your personal data, these data – with the exception of their archiving – may be processed only subject to your consent or to claim, exercise or defend legal entitlements or to protect the rights of other natural persons or legal entities or for important public interest reasons cited by the European Union or a member state of the EU.
Rejection of unsolicited e-mails
We herewith object to the use of contact information published in conjunction with the mandatory information to be provided in section “Information Required by Law” to send us promotional and information material that we have not expressly requested. The operators of this website and its pages reserve the express right to take legal action in the event of the unsolicited sending of promotional information, for instance via SPAM messages.
3. Recording of data on this website
Our websites and pages use what the industry refers to as “cookies.” Cookies are small text files that do not cause any damage to your device. They are either stored temporarily for the duration of a session (session cookies) or they are permanently archived on your device (permanent cookies). Session cookies are automatically deleted once you terminate your visit. Permanent cookies remain archived on your device until you actively delete them or they are automatically eradicated by your web browser.
In some cases it is possible that third party cookies are stored on your device once you enter our site (third party cookies). These cookies enable you or us to take advantage of certain services offered by the third party (e.g. cookies for the processing of payment services).
Cookies have a variety of functions. Many cookies are technically essential since certain website functions would not work in the absence of the cookies (e.g. the shopping cart function or the display of videos). The purpose of other cookies may be the analysis of user patterns or the display of promotional messages.
Cookies that are required for the performance of the electronic communications transaction or to provide certain functions you want to use (e.g. the shopping cart function), are stored on the basis of Art. 6 Sect. 1 lit. f GDPR. The website operator has a legitimate interest in storing cookies to ensure the technically error free and optimised provision of the operator’s services. If a corresponding agreement has been requested (e.g. an agreement to the storage of cookies), the processing takes place exclusively on the basis of Art. 6 para. 1 lit. a GDPR; the agreement can be revoked at any time.
You have the option to set up your browser in such a manner that you will be notified any time cookies are placed and to permit the acceptance of cookies only in specific cases. You may also exclude the acceptance of cookies in certain cases or in general or activate the delete function for the automatic eradication of cookies when the browser closes. If cookies are deactivated, the functions of this website may be limited.
In the event that third party cookies are used or if cookies are used for analytical purposes, we will separately notify you in conjunction with this Data Protection Policy and, if applicable, ask for your consent.
Server log files
The provider of this website and its pages automatically collects and stores information in so-called server log files, which your browser communicates to us automatically. The information comprises:
- The type and version of browser used
- The used operating system
- Referrer URL
- The hostname of the accessing computer
- The time of the server inquiry
- The IP address
This data is not merged with other data sources.
This data is recorded on the basis of Art. 6 Sect. 1 lit. f GDPR. The operator of the website has a legitimate interest in the technically error free depiction and the optimization of the operator’s website. In order to achieve this, server log files must be recorded.
Request by e-mail, telephone or fax
If you contact us by e-mail, telephone or fax, your request, including all resulting personal data (name, request) will be stored and processed by us for the purpose of processing your request. We do not pass these data on without your consent.
The processing of these data is based on Art. 6 para. 1 lit. b GDPR, if your request is related to the execution of a contract or if it is necessary to carry out pre-contractual measures. In all other cases, the processing is based on your consent (Article 6 (1) a GDPR) and/or on our legitimate interests (Article 6 (1) (f) GDPR), since we have a legitimate interest in the effective processing of requests addressed to us.
The data sent by you to us via contact requests remain with us until you request us to delete, revoke your consent to the storage or the purpose for the data storage lapses (e.g. after completion of your request). Mandatory statutory provisions - in particular statutory retention periods - remain unaffected.
4. Analysis tools and advertising
Matomo (formerly called Piwik)
This website uses the open source web analysis service Matomo. Matomo uses so-called “cookies,” which are text files that are stored on your computer and that make it possible to analyse your use of this website. In conjunction with this, the information about the use of this website generated by the cookie will be archived on our server. Prior to archiving, the IP address will first be anonymized.
Matomo cookies will remain on your device until you delete them.
The storage of Matomo cookies and the use of this analysis tool are based on Art. 6 Sect. 1 lit. f GDPR. The website operator has a legitimate interest in the analysis of user patterns, in order to optimize the operator’s web offerings and advertising. If a corresponding agreement has been requested (e.g. an agreement to the storage of cookies), the processing takes place exclusively on the basis of Art. 6 para. 1 lit. a GDPR; the agreement can be revoked at any time.
The information generated by cookies concerning the use of this website shall not be shared with any third parties. You may prevent the storage of cookies at any time by making pertinent changes to your browser software settings; however, we have to point out that in this case you may not be able to use all of the functions of this website to their fullest extent.
If you do not consent to the storage and use of your data, you have the option to deactivate the storage and use of such data here. In this case, an opt out cookie will be placed in our browser, which prevent the storage of usage data by Matomo. If you delete your cookies, this will also result in the deletion of the Matomo opt out cookie. Hence, you will have to reactivate the opt out when you return to visit this website.
5. eCommerce and payment service providers
Processing of data (customer and contract data)
We collect, process and use personal data only to the extent necessary for the establishment, content organization or change of the legal relationship (data inventory). These actions are taken on the basis of Art. 6 Sect. 1 lit. b GDPR, which permits the processing of data for the fulfilment of a contract or pre-contractual actions. We collect, process and use personal data concerning the use of this website (usage data) only to the extent that this is necessary to make it possible for users to utilize the services and to bill for them.
The collected customer data shall be eradicated upon completion of the order or the termination of the business relationship. This shall be without prejudice to any statutory retention mandates.
Data transfer upon closing of contracts for online stores, retailers and the shipment of merchandise
We share personal data with third parties only if this is necessary in conjunction with the handling of the contract; for instance, with companies entrusted with the shipment of goods or the financial institution tasked with the processing of payments. Any further transfer of data shall not occur or shall only occur if you have expressly consented to the transfer. Any sharing of your data with third parties in the absence of your express consent, for instance for advertising purposes, shall not occur.
The basis for the processing of data is Art. 6 Sect. 1 lit. b GDPR, which permits the processing of data for the fulfilment of a contract or for pre-contractual actions.
Data transfer upon closing of contracts for services and digital content
We share personal data with third parties only if this is necessary in conjunction with the handling of the contract; for instance, with the financial institution tasked with the processing of payments.
Any further transfer of data shall not occur or shall only occur if you have expressly consented to the transfer. Any sharing of your data with third parties in the absence of your express consent, for instance for advertising purposes, shall not occur.
The basis for the processing of data is Art. 6 Sect. 1 lit. b GDPR, which permits the processing of data for the fulfilment of a contract or for pre-contractual actions.
The data controller has integrated components of Sofortüberweisung on this website. Sofortüberweisung is a payment service that enables cashless payment for products and services on the Internet. Sofortüberweisung represents a technical procedure by which the online merchant immediately receives a payment confirmation. This enables a merchant to deliver goods, services or downloads to the customer immediately after ordering.
The operating company of Sofortüberweisung is Klarna Bank AB, Sveavägen 46, 111 34 Stockholm, Sweden.
If the person concerned selects "Sofortüberweisung" as payment option during the ordering process in our online shop, data of the person concerned will be automatically transferred to "Sofortüberweisung". By selecting this payment option, the person concerned consents to the transfer of personal data required for payment processing.
During the purchase transaction via Sofortüberweisung, the buyer transmits the PIN and the TAN to Sofort GmbH. Sofortüberweisung then executes a transfer to the online merchant after technical verification of the account balance and retrieval of further data to check the account coverage. The execution of the financial transaction is then automatically communicated to the online merchant.
The personal data exchanged with Sofortüberweisung are first name, surname, address, email address, IP address, telephone number, mobile phone number or other data necessary for the payment processing. The purpose of the transfer of data is to process payments and prevent fraud. The data controller will transmit other personal data by immediate transfer even if there is a legitimate interest in the transmission. The personal data exchanged between Sofortüberweisung and the controller may be transmitted by Sofortüberweisung to credit reference agencies. The purpose of this transfer is to check identity and creditworthiness.
Sofortüberweisung may pass on the personal data to affiliated companies and service providers or subcontractors if this is necessary to fulfil the contractual obligations or if the data are to be processed by order.
The person concerned has the possibility to revoke his or her consent to the handling of personal data at any time compared to Sofortüberweisung. Revocation does not affect personal data that must be processed, used or transmitted for (contractual) payment processing.
The applicable data protection regulations of Sofortüberweisung can be found at https://www.klarna.com/sofort/datenschutz/.
The data controller has integrated Coingate components on this website. Coingate is a payment service that enables cashless payment for products and services on the Internet.
The operating company of Coingate is UAB "Virtualios valiutos", A. Gostauto str. 8-331, LT-01108, Vilnius, Lithuania.
If the person concerned selects "Coingate" as a payment option during the ordering process in our online shop, data on the person concerned will be automatically transmitted to Coingate. By selecting this payment option, the person concerned consents to the transfer of personal data required for the processing of the payment..
Coingate's current data protection regulations can be found at https://coingate.com/privacy.
6. Registration on our website
The data subject shall have the possibility to register on the Internet site of the controller by providing personal data. The personal data transmitted to the data controller is specified in the respective input mask used for registration. The personal data entered by the data subject are collected and stored solely for internal use by the data controller and for his own purposes. The data controller may arrange for the transfer to one or more processors, such as a parcel service provider, who shall also use the personal data exclusively for internal use attributable to the controller.
By registering on the Internet site of the data controller, the IP address assigned to the data subject by the Internet service provider (ISP), the date and time of registration are also stored. The storage of this data is done against the background that only in this way can the misuse of our services be prevented and, if necessary, these data make it possible to clarify criminal offences that have been committed. To this extent, the storage of this data is necessary to protect the person responsible for processing. As a matter of principle, this data will not be passed on to third parties, unless there is a legal obligation to do so or the passing on of the data serves criminal prosecution.
The registration of the data subject, with the voluntary provision of personal data, enables the controller to offer the data subject content or services which, by their very nature, can only be provided to registered users. Registered persons are free to modify the personal data provided during registration at any time or to have them completely deleted from the data stock of the data controller.
The controller shall provide any data subject with information on what personal data relating to the data subject are stored at any time on request. Furthermore, the data controller shall correct or delete personal data at the request or notification of the data subject, unless otherwise required by law. The entire staff of the data controller is available to the data subject as contact persons in this context.
7. Subscribe to our Newsletters
On the TSMH GmbH website, users are given the opportunity to subscribe to our company's newsletter. Which personal data will be transmitted to the data controller when ordering the newsletter can be seen from the input mask used for this purpose.
TSMH GmbH informs its customers and business partners at regular intervals by means of a newsletter about offers of the company. The newsletter of our company can only be received by the person concerned if (1) the person concerned has a valid e-mail address and (2) the person concerned registers for the newsletter. For legal reasons, a confirmation e-mail will be sent to the e-mail address registered for the first time by a person concerned for the purpose of receiving the newsletter using the double opt-in procedure. This confirmation mail is used to check whether the owner of the e-mail address has authorized the receipt of the newsletter as the person concerned.
When registering for the newsletter, we also save the IP address assigned by the Internet Service Provider (ISP) of the computer system used by the person concerned at the time of registration, as well as the date and time of registration. The collection of this data is necessary in order to be able to trace the (possible) misuse of the e-mail address of a data subject at a later point in time and therefore serves to provide legal protection for the person responsible for processing.
The personal data collected during registration for the newsletter will be used exclusively for sending our newsletter. In addition, subscribers to the newsletter could be informed by e-mail if this is necessary for the operation of the newsletter service or for registration, as could be the case if there are changes to the newsletter offer or if technical conditions change. The personal data collected within the scope of the newsletter service will not be passed on to third parties. The subscription to our newsletter can be cancelled by the person concerned at any time. The consent to the storage of personal data, which the person concerned has given us for the newsletter service, can be revoked at any time. For the purpose of revoking the consent, a corresponding link is included in every newsletter. Furthermore, it is also possible to unsubscribe from the newsletter at any time directly on the website of the data controller or to inform the data controller in another way.
The newsletters of TSMH GmbH contain so-called counting pixels. A tracking pixel is a miniature graphic embedded in such e-mails sent in HTML format to enable log file recording and log file analysis. This enables a statistical evaluation of the success or failure of online marketing campaigns. By means of the embedded pixel-code, TSMH GmbH can recognise whether and when an e-mail was opened by a person concerned and which links in the e-mail were called up by the person concerned.
Such personal data collected via the tracking pixels contained in the newsletters are stored and evaluated by the data controller in order to optimise the newsletter dispatch and to adapt the content of future newsletters even better to the interests of the data subject. This personal data is not passed on to third parties. Affected persons are entitled to revoke the separate declaration of consent submitted in this regard via the double opt-in procedure at any time. After revocation, these personal data will be deleted by the data controller. TSMH GmbH automatically interprets a cancellation of the receipt of the newsletter as a revocation.
9. Routine deletion and blocking of personal data
The data controller shall process and store personal data relating to the data subject only for the time necessary to achieve the purpose for which the data are stored or where provided for by the European Directives and Regulations or by any other law or regulation to which the controller is subject.
If the purpose of storage ceases to apply or if a storage period prescribed by the European Directive and Regulation Giver or any other competent legislator expires, the personal data will be blocked or deleted as a matter of routine and in accordance with the statutory provisions.
10. Rights of the data subject
a) Right to confirmation
Every data subject has the right, granted by the European Directives and Regulations, to obtain confirmation from the controller as to whether personal data relating to him are being processed. If a data subject wishes to exercise this right of confirmation, he or she may at any time contact an employee of the controller.
b) Right to information
Any person affected by the processing of personal data has the right, granted by the European Directives and Regulations, to obtain at any time and free of charge from the controller information on the personal data stored in relation to him or her and a copy thereof. Furthermore, the European Directive and Regulation Giver has granted the data subject access to the following information:
- the processing purposes
- the categories of personal data processed
- the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular to recipients in third countries or international organisations
- if possible, the planned duration for which the personal data will be stored or, if this is not possible, the criteria for determining this duration
- the existence of a right of rectification or erasure of personal data concerning him or her or of a right to have the processing limited by the controller or to object to such processing
- the existence of a right of appeal to a supervisory authority
- if the personal data are not collected from the data subject: All available information on the origin of the data
- the existence of automated decision-making, including profiling, in accordance with Article 22(1) and (4) of the DS-GVO and, at least in these cases, meaningful information on the logic involved and the scope and intended impact of such processing on the data subject
The data subject shall also have the right to obtain information as to whether personal data have been transferred to a third country or to an international organisation. If this is the case, the data subject shall also have the right to obtain information on the appropriate safeguards in relation to the transfer.
If a data subject wishes to exercise this right of access, he or she may at any time contact an employee of the controller.
c) Right of rectification
Every person concerned by the processing of personal data has the right, granted by the European legislator, to request the rectification without delay of inaccurate personal data concerning him. The data subject shall also have the right to request the completion of incomplete personal data, including by means of a supplementary declaration, having regard to the purposes of the processing.
If a data subject wishes to exercise this right of rectification, he or she may at any time contact an employee of the controller.
d) Right of cancellation (right to be forgotten)
Any person affected by the processing of personal data has the right, granted by the European Directives and Regulations, to obtain from the controller the immediate erasure of personal data relating to him/her, where one of the following reasons applies and where the processing is not necessary:
- The personal data has been collected or otherwise processed for purposes for which it is no longer necessary.
- The data subject withdraws the consent on which the processing was based pursuant to Article 6(1)(a) of the DS-GVO or Article 9(2)(a) of the DS-GVO, and there is no other legal basis for the processing.
- The data subject lodges an objection to the processing pursuant to Article 21(1) of the DS-GVO and there are no legitimate legitimate grounds for processing, or the data subject lodges an objection to the processing pursuant to Article 21(2) of the DS-GVO.
- The personal data were processed unlawfully.
- The deletion of personal data is necessary to comply with a legal obligation under Union law or the law of the Member States to which the controller is subject.
- The personal data was collected in relation to the information society services offered in accordance with Art. 8 Paragraph 1 of the DS-GVO.
If one of the above reasons applies and a data subject wishes to have personal data stored by TSMH GmbH deleted, he or she may contact an employee of the data controller at any time. The employee of TSMH GmbH will ensure that the request for deletion is complied with immediately.
If the personal data have been made public by TSMH GmbH and our company as the responsible party is obliged to delete the personal data in accordance with Art. 17 para. 1 of the DS-GVO, TSMH GmbH will take reasonable measures, including technical measures, taking into account the available technology and the implementation costs, to inform other data controllers who process the published personal data that the data subject has requested that these other data controllers delete all links to this personal data or copies or replications of this personal data, unless the processing is necessary. The employee of TSMH GmbH will make the necessary arrangements in individual cases.
e) Right to limit processing
Any person affected by the processing of personal data has the right granted by the European Directives and Regulations to request the controller to restrict the processing if one of the following conditions is met:
- The accuracy of the personal data is contested by the data subject, for a period of time that allows the data controller to verify the accuracy of the personal data.
- The processing is unlawful, the data subject refuses to have his personal data deleted and instead requests that the use of his personal data be restricted.
- The controller no longer needs the personal data for the purposes of the processing, but the data subject needs them in order to exercise or defend his rights.
- The data subject has lodged an objection to the processing in accordance with Article 21 (1) of the DS-GVO and it is not yet clear whether the legitimate reasons of the controller outweigh those of the data subject.
If one of the above-mentioned conditions is met and a data subject wishes to request the restriction of personal data stored by TSMH GmbH, he/she may contact an employee of the data controller at any time. The employee of TSMH GmbH will arrange for the restriction of the processing.
f) Right to data transferability
Every person concerned by the processing of personal data has the right, granted by the European Directives and Regulations, to receive the personal data concerning him/her which have been provided by the data subject to a controller in a structured, common and machine-readable format. He/she also has the right to have this data communicated to another controller without hindrance by the controller to whom the personal data has been made available, provided that the processing is based on the consent pursuant to Art. 6(1)(a) DS-GVO or Art. 9(2)(a) DS-GVO or on a contract pursuant to Art. 6(1)(b) DS-GVO and that the processing is carried out by means of automated procedures, unless the processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
Furthermore, when exercising his or her right to data transfer in accordance with Art. 20 Paragraph 1 of the DS-GVO, the data subject has the right to request that personal data be transferred directly from one person responsible to another, insofar as this is technically feasible and provided that this does not affect the rights and freedoms of other persons.
To assert the right to data transferability, the person concerned can contact an employee of TSMH GmbH at any time.
g) Right of appeal
Every person concerned by the processing of personal data has the right, granted by the European legislator, to object at any time, for reasons arising from his or her particular situation, to the processing of personal data concerning him or her carried out pursuant to Article 6(1)(e) or (f) of the DS-GVO. This also applies to profiling based on these provisions.
TSMH GmbH will no longer process the personal data in the event of an objection, unless we can prove compelling reasons for processing that are worthy of protection and outweigh the interests, rights and freedoms of the person concerned, or the processing serves to assert, exercise or defend legal claims.
If TSMH GmbH processes personal data for the purpose of direct marketing, the data subject has the right to object at any time to the processing of personal data for the purpose of such marketing. This also applies to profiling, insofar as it is connected with such direct marketing. If the data subject objects to TSMH GmbH processing for the purposes of direct marketing, TSMH GmbH will no longer process the personal data for these purposes.
In addition, the data subject has the right to object, on grounds relating to his or her particular situation, to the processing of personal data concerning him or her carried out at TSMH GmbH for the purposes of scientific or historical research or for statistical purposes, in accordance with Article 89, paragraph 1 of the DS-GVO, unless such processing is necessary for the performance of a task carried out in the public interest.
To exercise the right of objection, the person concerned may directly contact any employee of TSMH GmbH or any other employee. The data subject is also free to exercise his/her right of objection in connection with the use of information society services, notwithstanding Directive 2002/58/EC, by means of automated procedures involving technical specifications.
h) Automated decisions in individual cases including profiling
Every person concerned by the processing of personal data has the right, as granted by the European Directives and Regulations, not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or significantly affects him or her in a similar way, provided that the decision (1) is not necessary for the conclusion or performance of a contract between the data subject and the controller, or (2) is authorised by Union or national legislation to which the controller is subject and that such legislation provides for adequate safeguards of the rights and freedoms and legitimate interests of the data subject, or (3) is taken with the explicit consent of the data subject.
Where the decision is (1) necessary for the conclusion or performance of a contract between the data subject and the controller or (2) with the explicit consent of the data subject, TSMH GmbH shall take reasonable steps to safeguard the rights and freedoms and legitimate interests of the data subject, which shall include at least the right to obtain the intervention of a person from the controller, to put forward his point of view and to challenge the decision.
If the data subject wishes to exercise rights relating to automated decisions, he or she may at any time contact an employee of the controller.
i) Right to revoke a data protection consent
Every person affected by the processing of personal data has the right granted by the European Directives and Regulations to revoke his or her consent to the processing of personal data at any time.
If the data subject wishes to exercise his or her right to withdraw consent, he or she may at any time contact an employee of the controller.
11. Legal basis of the processing
Art. 6 I lit. a DS-GVO serves our company as a legal basis for processing operations for which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is a party, as is the case, for example, with processing operations necessary for the supply of goods or the provision of another service or consideration, the processing is based on Art. 6 I lit. b DS-GVO. The same applies to such processing operations which are necessary for the implementation of pre-contractual measures, for example in cases of enquiries about our products or services. If our company is subject to a legal obligation which makes it necessary to process personal data, for example to fulfil tax obligations, the processing is based on Art. 6 I lit. c DS-GVO. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor to our company was injured and his or her name, age, health insurance details or other vital information had to be disclosed to a doctor, hospital or other third party. The processing would then be based on Art. 6 I lit. d DS-GVO. Finally, processing operations could be based on Art. 6 I lit. f DS-GVO. Processing operations which are not covered by any of the above legal bases are based on this legal basis if the processing is necessary to safeguard a legitimate interest of our company or of a third party, provided that the interests, fundamental rights and freedoms of the data subject do not prevail. We are permitted to carry out such processing operations in particular because they have been specifically mentioned by the European legislator. In this respect, it took the view that a legitimate interest could be assumed if the data subject is a customer of the controller (Recital 47 sentence 2 DS-GVO).
12. legitimate interests in the processing pursued by the controller or a third party
If the processing of personal data is based on Article 6 I lit. f of the DS-GVO, our legitimate interest is to carry out our business activities for the benefit of the well-being of all our employees and our shareholders.
13th period for which the personal data are stored
The criterion for the duration of the storage of personal data is the respective legal retention period. After expiry of the period, the corresponding data is routinely deleted, provided that it is no longer required for the fulfilment of the contract or the initiation of a contract.
14. legal or contractual provisions making the personal data available; necessity for the conclusion of the contract; obligation of the data subject to provide the personal data; possible consequences of not providing the data
We would like to inform you that the provision of personal data is partly required by law (e.g. tax regulations) or can also result from contractual regulations (e.g. information on the contractual partner). Sometimes it may be necessary for a contract to be concluded that a person concerned provides us with personal data, which must subsequently be processed by us. For example, the person concerned is obliged to provide us with personal data if our company concludes a contract with him/her. Failure to provide the personal data would mean that the contract with the person concerned could not be concluded. Before the person concerned makes personal data available, he or she must contact one of our employees. Our employee will inform the data subject on a case-by-case basis whether the provision of the personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and what the consequences would be if the personal data were not provided.
15. existence of automated decision making
As a responsible company we do not use automatic decision making or profiling.