Since 25 May 2018, the uniform provisions of the EU Data Protection Basic Regulation (DSGVO) have applied throughout Europe in the area of data protection. In the following data protection information we inform you about the processing of personal data by Florian Sommer – Tools For Gents in accordance with the DSGVO and the Federal Data Protection Act (BDSG 2018).
In the following, Florian Sommer – Tools For Gents will be referred to as “TFG”, “we” or “us”.
Please read our data protection information carefully. If you have any questions or comments about our data protection information, please feel free to contact us at email@example.com.
1. name and contact details of the person responsible for processing
This data protection information applies to data processing by
Tools For Gents Vertriebs GmbH
Phone: +49 171 954 91 43
for the following website: www.toolsforgents.com
TFG’s data protection declaration is based on the terms used by the European directive and regulation giver in the adoption of the basic data protection regulation (DS-GVO). Our data protection declaration should be easy to read and understand for the public as well as for our customers and business partners. In order to guarantee this, we would like to explain the terms used in advance.
We use the following terms in this data protection declaration:
a) personal data
Personal data is any information relating to an identified or identifiable natural person (hereinafter “data subject”). A natural person shall be considered identifiable if he can be identified directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or one or more specific characteristics expressing the physical, physiological, genetic, psychological, economic, cultural or social identity of that natural person.
(b) person concerned
Data subject means any identified or identifiable natural person whose personal data are processed by the controller.
“Processing” means any operation or set of operations which is carried out with or without the aid of automated processes and which relates to personal data, such as collection, recording, organisation, sorting, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or association, qualification, erasure or destruction.
d) Restriction of processing
Limitation of processing is the marking of stored personal data with the aim of limiting their future processing.
Profiling is any automated processing of personal data consisting of the use of such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects relating to the work performance, economic situation, health, personal preferences, interests, reliability, conduct, whereabouts or movement of that natural person.
Pseudonymisation means the processing of personal data in such a way that the personal data can no longer be attributed to a specific data subject without the provision of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures ensuring that the personal data are not attributed to an identified or identifiable natural person.
g) Person responsible or person responsible for processing
The controller or data controller is the natural or legal person, public authority, agency or other body which alone or jointly with others determines the purposes and means of the processing of personal data. Where the purposes and means of such processing are laid down by Union law or by the law of the Member States, the controller or controllers may be designated in accordance with Union law or with the law of the Member States on the basis of specific criteria.
h) Processors r
Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
The recipient is a natural or legal person, public authority, agency or other body to whom personal data are disclosed, whether or not that person is a third party. However, authorities which may receive personal data in the course of a specific investigation task under Union law or the law of the Member States shall not be considered as recipients.
j) Third party
Third party means any natural or legal person, public authority, agency or body other than the data subject, the controller, the processor and the persons authorised to process the personal data under the direct responsibility of the controller or processor.
Consent shall mean any voluntary, informed and unambiguous expression by the data subject of his or her will in the particular case, in the form of a statement or other unequivocal confirmatory act, indicating that he or she consents to the processing of his or her personal data.
3. purposes of data processing, legal bases and legitimate interests pursued by the data controller or by a third party, and categories of recipients
The use of our website is generally possible without providing personal data. Insofar as personal data (e.g. name, address or e-mail addresses) must be collected on our pages, this is done within the framework of the statutory provisions. If there is no such legal basis, processing will only take place with the consent of the person concerned. This data will not be passed on to third parties without the express consent of the person concerned.
Florian Sommer Tools For Gents tries to ensure a complete protection of the personal data processed via the website www.toolsforgents.com by numerous technical and organizational measures.
We would like to point out that data transmission on the Internet (e.g. communication by e-mail) can be subject to security gaps. A complete protection of the data against access by third parties is not possible. For this reason, each person concerned is free to transmit personal data to us by alternative means, e.g. telephone.
3.1. legal basis for processing
Art. 6 I lit. a DS-GVO serves our company as a legal basis for processing operations in 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 that are necessary for the delivery of goods or the provision of other services or consideration, the processing is based on Art. 6 I lit. b DS-GVO.
The same shall apply to such processing operations which are necessary for the implementation of pre-contractual measures, for example in cases of inquiries regarding our products or services.
If our company is subject to a legal obligation which requires the processing of personal data, such as for the fulfilment of tax obligations, the processing is based on Art. 6 I lit. c DS-GVO.
In rare cases, the processing of personal data may become necessary in order 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 site were injured and his name, age, health insurance information or other vital information would have to be disclosed to a doctor, hospital or other third party. Then the processing would be based on Art. 6 I lit. d DS-GVO.
Ultimately, processing operations could be based on Art. 6 I lit. f DS-GVO. Processing operations that are not covered by any of the aforementioned legal bases are based on this legal basis if the processing is necessary to safeguard a legitimate interest of our company or a third party, provided that the interests, fundamental rights and fundamental freedoms of the data subject do not predominate. Such processing operations are permitted to us 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 data controller (recital 47 sentence 2 DS-GVO).
3.2 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 DS-GVO, our legitimate interest is the performance of our business activities for the benefit of all our employees.
3.3 Calling up our websites/applications
3.3.1. collection of general data and information
Each time you access www.toolsforgent.com, information is sent to the server of our website by the respective Internet browser of your terminal device and temporarily stored in log files.
The (1) browser types and versions used, (2) the operating system used by the accessing system, (3) the Internet page from which an accessing system accesses our Internet page (so-called referrer), (4) the sub-sites which are accessed via an accessing system on our Internet page can be recorded, (5) the date and time of an access to the website, (6) an internet protocol address (IP address) of the requesting device, (7) the internet service provider of the accessing system and (8) other similar data and information which serve to avert danger in the event of attacks on our information technology systems.
The legal basis for processing the IP address is Article 6 paragraph 1 letter f) DSGVO. Our legitimate interest results from the following
- guarantee of a smooth connection setup,
- Guarantee a comfortable use of our website
- Evaluation of system safety and stability.
A direct conclusion on your identity is not possible on the basis of the information and will not be drawn by us.
The data will be stored and automatically deleted after the aforementioned purposes have been achieved. The standard periods for deletion depend on the criterion of necessity.
The anonymous data of the server log files are stored separately from all personal data provided by the person concerned.
3.3.2 Cookies, tracking, social media plugins
3.4 Justification, execution and/or termination of a contract
3.4.1. data processing on conclusion of contract
If you conclude a contract with us, we process the data required for the conclusion, execution or termination of a contract with you. This includes
- first name, last name
- Invoicing and delivery address
- E-Mail address
- Invoice and payment data
- ggf. date of birth
- ggf. phone number
Legal basis for this is article 6 paragraph 1 letter b) DSGVO, i.e. you make the data available to us on the basis of the respective contractual relationship (e.g. completion of a sales contract) between you and us. In order to process your e-mail address in the event of a purchase via our websites, we are also obliged to send an electronic order confirmation (Article 6 paragraph 1 letter c) DSGVO) due to legal requirements in the German Civil Code (BGB).
If we do not use your data for advertising purposes (see below 3.5.), we store the data collected for the execution of the contract until the statutory or possible contractual warranty and guarantee rights expire. After this period has expired, we will retain the information of the contractual relationship required under commercial and tax law for the periods specified by law. For this period, the data will be reprocessed solely in the event of a review by the tax authorities.
The following data processing operations are also required to process a purchase contract via our website:
Your payment data will be passed on to payment service providers commissioned by us who process the payment(s).
We pass on information about your delivery address to logistics companies and shipping partners commissioned by us. In order to ensure that the goods are delivered in accordance with your wishes, we will forward your e-mail address and, if applicable, your telephone number to the logistics company and/or shipping partner commissioned by us who will take care of the delivery. If necessary, they will contact you prior to delivery in order to agree delivery details with you. The respective data will be transmitted solely for the respective purposes.
3.4.2 Identity and transmission to credit bureaus
188.8.131.52 Identity check
If necessary, we verify your identity by consulting information from service providers. The legal basis for this is Article 6 paragraph 1 letter b) and letter f) DSGVO. The right to do so arises from the protection of your identity and the avoidance of fraud attempts at our expense. The circumstance and the result of our request may be stored in your guest account for the duration of the contractual relationship.
184.108.40.206. transmission of data to transport service providers
For the purpose of delivering ordered goods, we cooperate with logistics service providers/transport companies and/or shipping partners: The following data may be transmitted to them for the purpose of delivering or announcing the ordered goods: First name, surname, postal address, telephone number if applicable, e-mail address if applicable.
The legal basis for the processing is Art. 6 Para. 1 Letter b) DSGVO.
3.5. data processing for advertising purposes
To subscribe to the newsletter offered on our website, you can register via our form. We use the so-called Double-Opt-In procedure. Here a confirmation mail will be sent to your e-mail address with the request for confirmation. The registration only becomes effective when you click on the activation link contained in the confirmation e-mail. We use your data transmitted to us exclusively for the dispatch of the newsletter, which can contain information or offer.
Legal basis for this data processing is article 6 paragraph 1 letter a) DSGVO.
We use rapidmail to send our newsletter. Your data will therefore be transmitted to rapidmail GmbH. rapidmail GmbH is prohibited from using your data for purposes other than sending the newsletter. rapidmail GmbH is not permitted to pass on or sell your data. rapidmail is a German, certified newsletter software provider which has been carefully selected in accordance with the requirements of the DSGVO and the BDSG.
You can revoke your consent to the storage of data and their use for newsletter dispatch at any time, e.g. via the unsubscribe link in the newsletter.
3.5.2 Newsletter tracking
The newsletter of Florian Sommer – Tools For Gents contains so-called Zählpixel. A pixel is a thumbnail image embedded in emails sent in HTML format for log file recording and analysis. This allows statistical evaluation of the success or failure of online marketing campaigns. Based on the embedded pixel-code, Florian Sommer – Tools For Gents can detect if and when an email was opened by an affected person and which links in the email were accessed by the affected person.
Such personal data collected via the pixel-code contained in the newsletters are stored and evaluated by the person responsible for processing in order to optimise the newsletter dispatch and to adapt the content of future newsletters even better to the interests of the person concerned. This personal data will not be passed on to third parties. Affected persons are entitled at any time to revoke the relevant separate declaration of consent submitted via the double opt-in procedure. After a revocation these personal data will be deleted by the person responsible for the processing. A deregistration from the receipt of the newsletter automatically interprets Florian Sommer – Tools For Gents as a revocation.
3.6. online appearance and website optimization
3.6.1 Cookies – General information
Cookies do not cause any damage to your terminal device, do not contain viruses, Trojans or other malware. Information is stored in the cookie, which results in each case in connection with the specifically used terminal device. This does not mean, however, that we will immediately become aware of your identity.
Some of the cookies we use are deleted at the end of the browser session (session cookies). Other cookies remain on your computer and enable us to recognize your computer the next time you visit us (so-called permanent or session-spanning cookies). In particular, these cookies serve to make our website user-friendly, more effective and safer.
An example is the cookie of a shopping basket in the online shop. The online shop remembers the items that a customer has placed in the virtual shopping basket via a cookie.
Of course, you can set your browser so that it does not store our cookies on the hard drive. The help function in the menu bar of most web browsers explains how you can prevent your browser from accepting new cookies, how you can have your browser notify you when you receive a new cookie or how you can delete all cookies you have already received and block them for all others.
To do this, please proceed as follows:
In Internet Explorer:
- Select “Internet Options” from the “Tools” menu.
- Click on the “Privacy” tab.
- Now you can make the security settings for the Internet zone. Here you set whether and which cookies should be accepted or rejected. zWith “OK” you confirm your setting.
- Select in the “Tools” menu the item Settings.
- Click on “Privacy”.
- Select “Create according to user-defined settings” from the drop-down menu.
- Now you can set whether cookies should be accepted, how long you want to keep these cookies and add exceptions to which websites you always or never want to allow cookies to be used.
- With “OK” you confirm your setting.
In Google Chrome:
- Click the Chrome menu on the browser toolbar.
- Now select “Settings”.
- Click on “Show advanced settings”.
- Under “Cookies” you can make the following settings for cookies: Delete cookies, block cookies by default, delete cookies and website data by default after closing the browser
- Allow exceptions for cookies from certain web pages or domains
However, we would like to point out that in this case you may not be able to use all the functions of this website to their full extent.
If these cookies and/or the information contained therein are personal data, the legal basis for data processing is Art. 6 Para. 1 Letter f) DSGVO. Our interest in optimising our website is deemed to be justified within the meaning of the aforementioned provision.
3.6.2. Google Analytics
For the purpose of the need-based design and continuous optimization of our pages, we use Google Analytics, a web analysis service of Google Inc. based on Article 6 paragraph 1 letter f) DSGVO. (“Google”). Google Analytics uses “cookies”, which are text files placed on your computer, to help the website analyze how users use the site. In this context, pseudonymised user profiles are created and cookies are used. The information generated by the cookie about your use of this website such as
- Browser type/version,
- operating system used,
- Referrer URL (the previously visited page),
- host name of the accessing computer (IP address),
- Time of the server request
On behalf of the operator of this website, Google will use this information to evaluate your use of the website, to compile reports on website activity and to provide other services relating to website activity and internet usage to the website operator. The IP address transmitted by your browser as part of Google Analytics is not combined with other data from Google.
As an alternative to the browser add-on, especially for browsers on mobile devices, you can also prevent Google Analytics from capturing data by clicking on this link. An opt-out cookie is set to prevent your data from being collected in the future when you visit this website. The opt-out cookie applies only to this browser and only to our website and is placed on your device. If you delete the cookies in this browser, you must set the opt-out cookie again. You can find further information on data protection in connection with Google Analytics on the Google Analytics website.
3.6.3. Google Adwords
Our website uses the Google Adwords service. Google AdWords is an online advertising program of Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (“Google”).
For one thing, we use the remarketing function within the Google AdWords service. With the remarketing function we can present users of our website on other websites within the Google display network (on Google itself, so-called “Google ads” or on other websites) ads based on their interests. For this purpose, the interaction of users on our website is analysed, e.g. which offers the user is interested in in order to be able to display targeted advertising to users on other pages even after they have visited our website. For this purpose, Google stores a number in the browsers of users who visit certain Google services or websites in the Google display network. This number, known as a “cookie,” is used to track the visits of these users. This number is used to uniquely identify a web browser on a particular computer and not to identify a person, no personal information is stored. The legal basis for this data processing is Article 6 paragraph 1 letter f) DSGVO.
3.7 Existence of automated decision-making
As a responsible company, we refrain from automatic decision-making or profiling.
3.8. Social Media Plug-Ins
We use social plug-ins of the social networks Facebook, YouTube, Google+, Instagram, Pinterest and Twitter on our website on the basis of article 6 paragraph 1 letter f DSGVO in order to make our company better known. The advertising purpose behind this is to be regarded as a legitimate interest within the meaning of the DSGVO. The responsibility for the data protection-compliant operation is to be guaranteed by their respective providers.
The purpose and scope of the data collection and the further processing and use of the data by the respective provider as well as your related rights and setting options for the protection of your privacy can be found in the respective data protection information of the provider, which is linked below.
If you do not want social networks to assign the data collected via our website directly to your profile, you must log out of the corresponding social networks before visiting our website. You can also completely prevent the loading of plugins with add-ons for your browser, e.g. with the script blocker “NoScript”, to be found under: http://noscript.net.
3.8.1. Facebook, Google+ and YouTube
This website uses social plugins from Facebook and Google (Google+ and YouTube). These are offers from the US companies Facebook and Google Inc. (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (“Google”)).
When you visit a page that contains such a plugin, your browser connects to Facebook or Google and the content is loaded from those pages. This may allow Facebook and Google to track your visit to this site, even if you do not actively use the social plugin feature. If you have a Facebook or Google account, you can use such a social plugin to share information with your friends. TFG] has no control over the content of the plug-ins or the transmission of information.
Facebook and Google provide detailed information on the scope, type, purpose and further processing of your data on their websites. Here you will also find further information on your rights and setting options to protect your privacy.
Components of the Instagram service are integrated on this website. Instagram is a service that qualifies as an audiovisual platform that allows users to share photos and videos and also to distribute such data on other social networks.
Instagram services are operated by Instagram LLC, 1 Hacker Way, Building 14 First Floor, Menlo Park, CA, USA.
Each time one of the individual pages of this Web site is accessed, operated by the data controller and on which an Instagram component (Insta button) has been integrated, the Internet browser on the data subject’s information technology system is automatically prompted by the respective Instagram component to download a representation of the corresponding Instagram component. As part of this technical process, Instagram is informed of which specific subpage of our website is visited by the person concerned.
If the person concerned is logged into Instagram at the same time, Instagram recognizes which specific page the person concerned is visiting each time the person visits our website and for the entire duration of that person’s stay on our website. This information is collected by the Instagram component and assigned by Instagram to the Instagram account of the person concerned. If the data subject clicks on one of the Instagram buttons integrated on our website, the data and information transmitted is assigned to the personal Instagram user account of the data subject and stored and processed by Instagram.
Instagram receives information from the Instagram component that the person concerned has visited our site whenever they are logged into Instagram at the same time as they visit our site, regardless of whether or not they click on the Instagram component.
If the data subject does not want Instagram to receive this information, they can prevent the transmission by logging out of their Instagram account before accessing our website.
Plugins of the social network Pinterest Inc., 635 High Street, Palo Alto, CA, 94301, USA (“Pinterest”) are integrated on this website. You can recognize the Pinterest Plugin by the “Pin it-Button” on our page.
Functions of the Twitter service are also integrated on this website. These functions are offered by Twitter Inc., 795 Folsom St., Suite 600, San Francisco, CA 94107, USA (“Twitter”). By using Twitter and the “Re-Tweet” function, the websites you visit on [xxx] are linked to your Twitter account and made known to other users. Data is also transferred to Twitter. Your Internet browser establishes a direct connection to Twitter’s servers and transmits data to Twitter.
3.9. customer account/ user account
Currently, we do not offer you the permanent storage of your personal data in a password-protected customer account / user account.
3.10. Contact us
You have the possibility to contact us in several ways, e.g. by e-mail, by telephone or by post. If you contact us, we will use the personal data that you voluntarily provide to us for the sole purpose of contacting you and processing your enquiry.
The legal basis for this data processing is Art. 6 para. 1 letter a), Art. 6 para. 1 letter b), Art. 6 para. 1 letter c) DSGVO and Art. 6 para. 1 letter f) DSGVO.
3.11. Other content from users
At www.toolsforgents.com you have the possibility to leave a guestbook entry. When you submit this, we process the personal data that you voluntarily enter.
We process your payment information for the purpose of payment processing, e.g. when you purchase a product and/or a service. Depending on the payment method, we may share your payment information with third parties (e.g. your credit card provider for credit card payments).
The legal basis for this data processing is Art. 6 Para. 1 Letter a), Art. 6 Para. 1 Letter b), DSGVO and Art. 6 Para. 1 Letter f) DSGVO.
The data controller has integrated Stripe components into this website. Stripe is an online payment service that allows credit card purchases on our website.
Address of the operating company:
Stripe Payments Europe, Limited, The One Building, 1 Grand Canal Street Lower, Dublin 2, Co. Dublin, Ireland.
If the data subject selects credit card as a payment option during the ordering process in our online shop, the data of the data subject is automatically transmitted to Stripe. By selecting this payment option, the data subject consents to the transfer of personal data required for the processing of the purchase or for identity and credit checks.
The personal data transmitted to Klarna is usually first name, surname, address, email address, IP address, telephone number, mobile phone number or other data necessary to process the purchase. For the completion of the sales contract are necessary also such personal data, which stand in connection with the respective order. In particular, there may be a mutual exchange of payment information such as bank details, card number, expiry date and security code, number of articles, article number, data on goods and services, prices and tax charges, information on previous purchasing behaviour or other information on the financial situation of the person concerned.
The transmission of data is intended in particular for identity verification, payment administration and fraud prevention purposes. The data controller will transfer personal data to Stripe in particular if there is a legitimate interest in the transfer. The personal data exchanged between Stripe and the data controller will be transmitted by Stripe to credit reference agencies as appropriate. The purpose of this transfer is to check identity and creditworthiness.
Stripe 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 on behalf of Stripe.
The person concerned has the possibility to revoke his consent to Stripe for the handling of personal data at any time. A revocation has no effect on personal data which must be processed, used or transmitted for (contractual) payment processing.
Stripe’s current data protection regulations can be found at https://stripe.com/de/privacy.
The data controller has integrated PayPal components into this website. PayPal is an online payment service provider. Payments are processed through so-called PayPal accounts, which are virtual private or business accounts. PayPal also offers the option of processing virtual payments via credit cards if a user does not have a PayPal account. A PayPal account is managed via an e-mail address, which is why there is no classic account number. PayPal makes it possible to initiate online payments to third parties or to receive payments. PayPal also acts as a trustee and offers buyer protection services.
The European operating company of PayPal is PayPal (Europe) S.à.r.l. & Cie. S.C.A., 22-24 Boulevard Royal, 2449 Luxembourg, Luxembourg.
If the person concerned selects “PayPal” as the payment option during the ordering process in our online shop, the data of the person concerned is automatically transferred to PayPal. By selecting this payment option, the person concerned consents to the transfer of personal data required for payment processing.
The personal data transmitted to PayPal is usually first name, surname, address, email address, IP address, telephone number, mobile phone number or other data necessary for payment processing. For the completion of the sales contract such personal data are also necessary, which stand in connection with the respective order.
The transmission of the data is intended for payment processing and fraud prevention. The person responsible for the processing will transfer personal data to PayPal in particular if there is a justified interest in the transfer. The personal data exchanged between PayPal and the data controller may be transferred by PayPal to credit agencies. The purpose of this transfer is to check identity and creditworthiness.
PayPal may transfer the personal data to affiliated companies and service providers or subcontractors if this is necessary to fulfil the contractual obligations or if the data is to be processed on behalf of the customer.
The person concerned has the opportunity to revoke his or her consent to the handling of personal data at PayPal at any time. A revocation does not affect personal data that must be processed, used or transmitted for (contractual) payment processing.
The applicable PayPal data protection provisions can be found at https://www.paypal.com/de/webapps/mpp/ua/privacy-full.
4. duration for which the personal data will be stored
The controller shall process and store the personal data of the data subject only for the period of time necessary to achieve the storage purpose or where provided for by the European directive and regulation maker or another legislator in laws or regulations to which the controller is subject.
If the storage purpose no longer applies or if a storage period prescribed by the European directive and regulation giver or another competent legislator expires, the personal data shall be blocked or deleted routinely and in accordance with the statutory provisions.
5. legal or contractual provisions concerning the provision of personal data; necessity for the conclusion of a contract; obligation of the person concerned to provide the personal data; possible consequences of non-availability
We will inform you that the provision of personal data is partly required by law (e.g. tax regulations) or may result from contractual provisions (e.g. information on the contractual partner).
Sometimes it may be necessary for a contract to be concluded that a person concerned makes personal data available to us which must subsequently be processed by us. For example, the data subject is obliged to provide us with personal data if our company concludes a contract with him or her. Failure to provide personal data would mean that the contract could not be concluded with the data subject.
The data subject must contact one of our employees before providing personal data. Our employee will inform the data subject on a case-by-case basis whether the provision of personal data is required by law or contract or is necessary for the conclusion of a contract, whether there is an obligation to provide the personal data and the consequences of not providing the personal data.
6. your rights
6.1. right of confirmation
Every data subject shall have the right, granted by the European directive and regulation maker, to obtain from the controller confirmation as to whether personal data relating to him or her 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.
6.2 Right of access
Any person concerned by the processing of personal data has the right, granted by the European directive and regulation maker, to obtain at any time, free of charge, from the controller, information on the personal data relating to him which have been stored and a copy of that information. Furthermore, the European Data Protection Supervisor has granted the data subject access to the following information:
- the processing purposes
- the categories of personal data that will be processed
- the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations
the recipients or categories of recipients to whom the personal data have been or will be disclosed
- 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 to rectify or erase personal data concerning him or her or to have the processing limited by the controller or to object to such processing
the existence of a right to rectify or erase personal data concerning him or her or to object to such processing
- the existence of a right of appeal to a supervisory authority
the existence of a right to appeal to a supervisory authority
- when the personal data is not collected from the data subject: All available information about the origin of the data
- the existence of automated decision making including profiling in accordance with Article 22(1) and (4) of the DS Block Exemption Regulation 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 existence of an automated decision making system including profiling in accordance with Article 22(1) and (4) of the DS Block Exemption Regulation 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 also has the right to know 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 connection with the transfer.
If a data subject wishes to exercise this right of access, he or she may at any time contact a member of staff of the controller.
6.3 Right of rectification
Any person concerned by the processing of personal data has the right, granted by the European directive and regulation maker, to request the rectification without delay of inaccurate personal data concerning him or her. Furthermore, the data subject shall have the right, having regard to the purposes of the processing, to request the completion of incomplete personal data, including by means of a supplementary statement.
If a data subject wishes to exercise this right of rectification, he or she may at any time contact a member of staff of the controller.
6.4 Right to deletion (right to be forgotten)
Any person data subject to the processing of personal data shall have the right, granted by the European directive and regulation, to require the controller to erase without delay personal data concerning him which are subject to one of the following conditions and to the extent that the processing is not necessary:
- The personal data have been collected for such purposes or processed in any other way for which they are no longer necessary.
- The data subject shall revoke the consent on which the processing was based pursuant to Art. 6 para. 1 letter a DS-GVO or Art. 9 para. 2 letter a DS-GVO and there is no other legal basis for the processing.
- The data subject objects to the processing under Art. 21 para. 1 DS-GVO and there are no overriding legitimate reasons for the processing or the data subject objects to the processing under Art. 21 para. 2 DS-GVO.
- The personal data have been processed unlawfully.
- The deletion of personal data is necessary in order to fulfil a legal obligation under Union law or the law of the Member States to which the data controller is subject.
- The personal data were collected in relation to information society services offered in accordance with Art. 8 para. 1 DS-GVO.
If one of the reasons mentioned above applies and a data subject wishes to have personal data stored at Florian Sommer – Tools For Gents deleted, he or she can contact an employee of the data controller at any time. The employee of Florian Sommer – Tools For Gents will arrange for the deletion request to be complied with immediately.
If the personal data have been made public by Florian Sommer – Tools For Gents and our company is the responsible party pursuant to Art. 17 Para. 1 DS-GVO, Florian Sommer – Tools For Gents, taking into account the available technology and the implementation costs, shall take appropriate measures, including technical measures, to inform other data controllers who process the published personal data that the data subject has requested these other data controllers to delete all links to these personal data or copies or replications of these personal data, insofar as the processing is not necessary. The employee of Florian Sommer – Tools For Gents will take the necessary steps in individual cases.
6.5 Right to limitation of processing
Any person data subject to the processing of personal data has the right, granted by the European directive and regulation, to request the controller to limit the processing if one of the following conditions is met:
- The accuracy of the personal data is disputed by the data subject for a period of time which allows the data controller to verify the accuracy of the personal data.
- The processing is unlawful, the data subject refuses the deletion of the personal data and instead requests the restriction of the use of the personal data.
- The data controller no longer needs the personal data for the purposes of processing, but the data subject needs them for the assertion, exercise or defence of legal claims.
- The data subject has lodged an objection against the processing pursuant to Art. 21 para. 1 DS-GVO and it is not yet clear whether the legitimate reasons of the data controller outweigh those of the data subject.
If one of the above-mentioned conditions is met and a person concerned wishes to request the restriction of personal data stored at Florian Sommer – Tools For Gents, he or she can contact an employee of the controller at any time. The employee of Florian Sommer – Tools For Gents will arrange for the processing to be restricted.
6.6. right to data transfer
Any data subject involved in the processing of personal data has the right, granted by the European directive and regulation, to obtain personal data concerning him or her which have been provided by the data subject to a controller in a structured, common and machine-readable format. It also has the right to communicate these data to another controller without being hindered by the controller to whom the personal data have been provided, provided that the processing is based on the consent pursuant to Art. 6 para. 1 letter a DS-GVO or Art. 9 para. 2 letter a DS-GVO or on a contract pursuant to Art. 6 para. 1 letter b DS-GVO and the processing is carried out by automated means, provided that the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority entrusted to the controller.
Furthermore, when exercising his right to data transferability pursuant to Art. 20 (1) DS Block Exemption Regulation, the data subject shall have the right to obtain that the personal data be transferred directly from one data controller to another data controller insofar as this is technically feasible and insofar as this does not impair the rights and freedoms of other persons.
In order to assert the right to data transfer, the person concerned can contact an employee of Florian Sommer – Tools For Gents at any time.
6.7. right of objection
Any person data subject to the processing of personal data has the right, granted by the European directive and regulation maker, to object at any time, for reasons related to his/her particular situation, to the processing of personal data concerning him/her on the basis of Article 6(1)(e) or (f) of the DS Block Exemption Regulation. This also applies to profiling based on these provisions.
Florian Sommer – Tools For Gents will no longer process personal data in the event of an objection, unless we can prove compelling grounds for processing worthy of protection which outweigh the interests, rights and freedoms of the data subject, or the processing serves to assert, exercise or defend legal claims.
If Florian Sommer – Tools For Gents processes personal data in order to conduct direct advertising, the person concerned has the right to object at any time to the processing of personal data for the purpose of such advertising. This also applies to profiling as far as it is connected with such direct advertising. If the person concerned objects to Florian Sommer – Tools For Gents processing the data for direct marketing purposes, Florian Sommer – Tools For Gents will no longer process the personal data for these purposes.
Furthermore, the data subject has the right to object to the processing of personal data concerning him/her by Florian Sommer – Tools For Gents for scientific or historical research purposes or for statistical purposes pursuant to Art. 89 para. 1 DS-GVO for reasons arising from his particular situation, unless such processing is necessary for the performance of a task in the public interest.
In order to exercise the right to object, the data subject may directly contact any employee of Florian Sommer – Tools For Gents or another employee. The data subject is also free to exercise his right of objection in connection with the use of information society services, notwithstanding Directive 2002/58/EC, by means of automated procedures using technical specifications.
6.8 Automated decisions on a case-by-case basis, including profiling
Any person data subject to the processing of personal data has the right under the European Directive and Regulation not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects upon him or her or significantly affects him or her in a similar manner, provided that the decision (1) is not necessary for the conclusion or performance of a contract between the data subject and the data controller, or (2) is authorised by Union or national law or by the Member States to which the data controller is subject and which provides for adequate measures to safeguard the rights and freedoms and the legitimate interests of the data subject, or (3) is taken with the express consent of the data subject.
If the decision (1) is necessary for the conclusion or performance of a contract between the data subject and the data controller, or (2) is taken with the express consent of the data subject, Florian Sommer – Tools For Gents shall take appropriate measures to safeguard the rights and freedoms and the legitimate interests of the data subject, including at least the right to obtain the intervention of a data subject from the data controller, to present his or her point of view and to contest the decision.
If the data subject wishes to exercise rights relating to automated decisions, he or she may at any time do so by contacting an employee of the controller.
6.9. Right to revoke consent under data protection law
Any person concerned by the processing of personal data has the right, granted by the European directive and regulation maker, to revoke 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 do so by contacting an employee of the controller.
This privacy statement has been created, among other things, by using the Privacy Statement Generator of External Privacy Officer in cooperation with RC GmbH, which recycles used notebooks and the file-sharing attorneys of WBS-LAW.