Privacy policy

Privacy policy

Responsible for data processing is:
Tomed GmbH
Aylin Düsterhöft
Im Rapsfeld 57
50933 Köln (Cologne), Germany
info@tomed.com

The protection of your privacy is very important to us. Below we inform you in detail about the handling of your data.

1. ACCESS DATA AND HOSTING
You can visit our websites without providing any personal information. Each time you access a website, the web server only automatically saves a so-called server log file, which contains, for example, the name of the requested file, your IP address, the date and time of the access, the amount of data transferred and the requesting provider (access data) and documents the access. This access data is evaluated solely for the purpose of ensuring trouble-free operation of the site and improving our services. This serves to protect our legitimate interests in the correct presentation of our offer, which outweigh our interests in the context of a balancing of interests in accordance with Art. 6 para. 1 p. 1 lit. f DSGVO. All access data is deleted no later than seven days after the end of your visit to the site.

HOSTING
The services for hosting and displaying the website are partly provided by our service providers as part of processing on our behalf. Unless otherwise explained in this privacy policy, all access data as well as all data collected in forms provided for this purpose on this website are processed on their servers. If you have any questions about our service providers and the basis of our cooperation with them, please use the contact option described in this privacy policy.

2. DATA PROCESSING FOR CONTRACT PROCESSING AND FOR CONTACTING US

2.1 DATA PROCESSING FOR THE EXECUTION OF THE CONTRACT
For the purpose of contract processing in accordance with Art. 6 para. 1 p. 1 lit. b DSGVO, we collect personal data if you voluntarily provide it to us as part of your order. Mandatory fields are marked as such, because in these cases we need the data to process the contract and we cannot send the order without their information. Which data is collected can be seen from the respective input forms.

Further information on the processing of your data, in particular on the transfer to our service providers for the purpose of order, payment and shipping processing, can be found in the following sections of this privacy policy. After complete processing of the contract, your data will be restricted for further processing and deleted after expiry of the retention periods under tax and commercial law in accordance with Article 6 (1) sentence 1 lit. c DSGVO, unless you have expressly consented to further use of your data in accordance with Article 6 (1) sentence 1 lit. a DSGVO or we reserve the right to use data beyond this, which is permitted by law and about which we inform you in this declaration.

Merchandise management system:
We use merchandise management systems of external service providers for order and contract processing. Our service providers work for us within the framework of order processing. If you have any questions about our service providers and the basis of our cooperation with them, please use the contact option described in this privacy policy.

Our service providers are located and/or use servers in countries outside the EU and the EEA. For these countries, there is no adequacy decision by the European Commission. Our cooperation with them is based on standard data protection clauses of the European Commission.

2.2 CUSTOMER ACCOUNT
Insofar as you have given your consent to this in accordance with Art. 6 para. 1 p. 1 lit. a DSGVO by deciding to open a customer account, we will use your data for the purpose of opening a customer account as well as for storing your data for further future orders on our website. Deletion of your customer account is possible at any time and can be done either by sending a message to the contact option described in this privacy policy or by using a function provided for this purpose in the customer account. After deletion of your customer account, your data will be deleted, unless you have expressly consented to further use of your data in accordance with Art. 6 para. 1 p. 1 lit. a DSGVO or we reserve the right to use data beyond this, which is permitted by law and about which we inform you in this statement.

2.3 CONTACTING US
In the context of customer communication, we collect personal data to process your inquiries in accordance with Art. 6 (1) p. 1 lit. b DSGVO if you voluntarily provide us with this data when contacting us (e.g. via contact form or e-mail). Mandatory fields are marked as such, since in these cases we absolutely need the data to process your contact. Which data is collected can be seen from the respective input forms. After complete processing of your request, your data will be deleted, unless you have expressly consented to further use of your data pursuant to Art. 6 (1) p. 1 lit. a DSGVO or we reserve the right to use data beyond this, which is permitted by law and about which we inform you in this statement.

3. DATA PROCESSING FOR THE PURPOSE OF SHIPMENT PROCESSING
For the purpose of fulfilling the contract in accordance with Art. 6 para. 1 p. 1 lit. b DSGVO, we pass on your data to the shipping service provider commissioned with the delivery, insofar as this is necessary for the delivery of ordered goods.

TRANSFER OF DATA TO SHIPPING SERVICE PROVIDERS FOR THE PURPOSE OF SHIPPING NOTIFICATION
If you have given us your express consent to do so during or after your order, we will pass on your e-mail address and telephone number to the selected shipping service provider on the basis of this consent in accordance with Art. 6 (1) p. 1 lit. a DSGVO, so that the shipping service provider can contact you before delivery for the purpose of delivery notification or coordination.
The consent can be revoked at any time by sending a message to the contact option described in this privacy policy or directly to the shipping service provider at the contact address listed below. After revocation, we will delete your data provided for this purpose, unless you have expressly consented to further use of your data or we reserve the right to use data beyond this, which is permitted by law and about which we inform you in this declaration.

DHL Parcel GmbH
Sträßchensweg 10
53113 Bonn
Germany

United Parcel Service Germany S.à r.l. & Co. OHG
Görlitzer street 1
41460 Neuss
Germany

4. DATA PROCESSING FOR PAYMENT PROCESSING
When processing payments in our online store, we work with these partners: technical service providers, credit institutions, payment service providers.

4.1 DATA PROCESSING FOR TRANSACTION PROCESSING
Depending on the selected payment method, we pass on the data necessary for processing the payment transaction to our technical service providers, who work for us within the framework of order processing, or to the commissioned credit institutions or to the selected payment service provider, insofar as this is necessary for processing the payment. This serves the fulfillment of the contract according to Art. 6 para. 1 p. 1 lit. b DSGVO. In some cases, the payment service providers collect the data required for processing the payment themselves, e.g. on their own website or via a technical integration in the ordering process. In this respect, the privacy policy of the respective payment service provider applies.
If you have any questions about our payment processing partners and the basis of our cooperation with them, please use the contact option described in this privacy policy.

4.2 DATA PROCESSING FOR THE PURPOSE OF FRAUD PREVENTION AND THE OPTIMIZATION OF OUR PAYMENT PROCESSES.
Where applicable, we provide our service providers with additional data, which they use together with the data necessary for the processing of the payment as our processors for the purpose of fraud prevention and optimization of our payment processes (e.g. invoicing, processing of contested payments, accounting support). Pursuant to Art. 6 (1) p. 1 lit. f DSGVO, this serves to protect our legitimate interests in our protection against fraud or in efficient payment management, which outweigh our interests in the context of a balancing of interests.

4.3 INCREMENT PURCHASE
When selecting the payment method "installment purchase" as well as granting the required data protection consent pursuant to Art. 6 para. 1 p. 1 lit. a DSGVO, personal data (first name, last name, address, email, telephone number, date of birth, IP address, gender) together with data required for transaction processing (article, invoice amount, due dates, total amount, invoice number, taxes, currency, order date and order time) are transmitted to our partner PayPal (Europe) S.à r.l. et Cie, 22-24 Boulevard Royal, L-2449 Luxembourg, Luxembourg for the purpose of processing this payment method.
In order to verify the identity or creditworthiness of the customer, our partner carries out queries and obtains information from publicly accessible databases and credit agencies. The providers from whom information and, if applicable, creditworthiness information is obtained on the basis of mathematical-statistical methods, as well as further details on the processing of your data after transmission to our partner PayPal (Europe) S.à r.l. et Cie, can be found in its privacy policy, which can be found here: https://www.paypal.com/de/webapps/mpp/ua/privacy-full.
The information received about the statistical probability of non-payment is used by our partner PayPal (Europe) S.à r.l. et Cie for a weighed decision on the establishment, implementation or termination of the contractual relationship. You have the option of contacting our partner PayPal (Europe) S.à r.l. et Cie to explain your position and contest the decision. The consent to the transfer of data given in the order process can be revoked at any time, even without giving reasons, with effect for the future.

5. ADVERTISING BY E-MAIL, POST

5.1 E-MAIL NEWSLETTER WITH REGISTRATION
If you register for our newsletter, we will use the data required for this purpose or separately provided by you to send you our e-mail newsletter on a regular basis based on your consent pursuant to Art. 6 (1) p. 1 lit. a DSGVO. Unsubscribing from the newsletter is possible at any time and can be done either by sending a message to the contact option described below or via a link provided for this purpose in the newsletter. After unsubscribing, we will delete your e-mail address from the list of recipients, unless you have expressly consented to further use of your data pursuant to Art. 6 (1) p. 1 lit. a DSGVO or we reserve the right to use data beyond this, which is permitted by law and about which we inform you in this statement.

5.2 E-MAIL NEWSLETTERS WITHOUT REGISTRATION AND YOUR RIGHT TO OBJECT
If we receive your e-mail address in connection with the sale of a product or service and you have not objected to this, we reserve the right, on the basis of Section 7 (3) of the German Unfair Competition Act (UWG), to regularly send you e-mail offers for similar products to those you have already purchased from our range. This serves to protect our legitimate interests in addressing our customers in an advertising manner, which are outweighed in the context of a balancing of interests.
You can object to this use of your e-mail address at any time by sending a message to the contact option described in this data protection declaration or via a link provided for this purpose in the advertising e-mail, without incurring any costs other than the transmission costs according to the basic rates.
After unsubscribing, we will delete your e-mail address from the list of recipients, unless you have expressly consented to further use of your data in accordance with Art. 6 (1) p. 1 lit. a DSGVO or we reserve the right to use data beyond this, which is permitted by law and about which we inform you in this declaration.

5.3 NEWSLETTER DISPATCH
The newsletter may also be sent by our service providers as part of processing on our behalf. If you have any questions about our service providers and the basis of our cooperation with them, please use the contact option described in this privacy statement.

5.4 SENDING OF RATING REQUESTS BY E-MAIL
If you have given us your express consent to this during or after your order in accordance with Art. 6 para. 1 p. 1 lit. a DSGVO, we will use your e-mail address for the request to submit a rating of your order via the rating system used by us. This consent can be revoked at any time by sending a message to the contact option described in this privacy policy or via a link provided for this purpose in the rating request.

The evaluation requests may also be sent by our service provider Trusted Shops GmbH Subbelrather Str. 15C, 50823 Cologne (Trusted Shops).

In the process, we receive information on the respective status through Trusted Shops (e.g. whether the evaluation request has been sent and whether it has arrived) as part of the sending of evaluation requests. This is done in accordance with Art. 6 para. 1 p. 1 lit. f DSGVO to fulfill our legitimate interest in receiving information about the rating invitations in order to make optimizations based on this, if necessary, as well as to fulfill the legitimate interest of Trusted Shops in being able to offer this service.

We are jointly responsible with Trusted Shops for sending rating invitations and for collecting and displaying rating or status information.

As part of the joint responsibility between us and Trusted Shops GmbH, please contact Trusted Shops GmbH if you have any data protection questions or wish to assert your rights. You can find their contact details here [https://www.trustedshops.de/impressum/#datenschutz]. Further information on data protection can be found in the following link here [https://www.trustedshops.com/tsdocument/CONSUMER_MEMBERSHIP_TERMS_de.pdf]. Independently of this, you can also always contact us using the contact option described in this privacy policy. Your inquiry will then be forwarded to the further responsible party for response, if necessary.

5.5 POSTAL ADVERTISING AND YOUR RIGHT TO OBJECT
In addition, we reserve the right to use your first and last name as well as your postal address for our own advertising purposes, e.g. to send you interesting offers and information about our products by mail. This serves to protect our legitimate interests in addressing our customers in an advertising manner in accordance with Art. 6 Para. 1 S. 1 lit. f DSGVO. You can object to the storage and use of your data for these purposes at any time by sending a message to the contact option described in this privacy policy.

The advertising mailings are provided as part of processing on our behalf by a service provider, to whom we pass on your data for this purpose.

6. COOKIES AND OTHER TECHNOLOGIES

GENERAL INFORMATION
In order to make visiting our website attractive and to enable the use of certain functions, we use technologies including so-called cookies on various pages. Cookies are small text files that are automatically stored on your terminal device. Some of the cookies we use are deleted at the end of the browser session, i.e. after you close your browser (so-called session cookies). Other cookies remain on your end device and allow us to recognize your browser on your next visit (persistent cookies).
We use such technologies that are absolutely necessary for the use of certain functions of our website (e.g. shopping cart function). Through these technologies, IP address, time of visit, device and browser information as well as information about your use of our website (e.g. information about the contents of the shopping cart) are collected and processed. In the context of a balancing of interests, this serves overriding legitimate interests in an optimized presentation of our offer in accordance with Art. 6 para. 1 p. 1 lit. f DSGVO.

In addition, we use technologies to fulfill the legal obligations to which we are subject (e.g. to be able to prove consent to the processing of your personal data) as well as for web analysis and online marketing. For more information on this, including the respective legal basis for data processing, please refer to the following sections of this Privacy Policy.

You can find the cookie settings for your browser at the following links: Microsoft Edge™ [https://support.microsoft.com/de-de/help/4027947/microsoft-edge-delete-cookies] / Safari™ [https://support.apple.com/de-de/guide/safari/sfri11471/12.0/mac/10.14] / Chrome™ [https://support.google.com/chrome/answer/95647?hl=de&hlrm=en] / Firefox™ [https://support.mozilla.org/de/products/firefox/protect-your-privacy/cookies] / Opera™ [https://help.opera.com/de/latest/web-preferences/#cookies].

Insofar as you have consented to the use of the technologies pursuant to Art. 6 para. 1 p. 1 lit. a DSGVO, you may revoke your consent at any time by sending a message to the contact option described in the privacy policy.

7. USE OF COOKIES AND OTHER TECHNOLOGIES FOR WEB ANALYSIS AND ADVERTISING PURPOSES
Insofar as you have given your consent to this in accordance with Art. 6 para. 1 p. 1 lit. a DSGVO, we use the following cookies and other technologies from third-party providers on our website. After the end of the purpose and the end of the use of the respective technology by us, the data collected in this context will be deleted. You can revoke your consent at any time with effect for the future. Further information on your revocation options can be found in the section "Cookies and other technologies". For more information including the basis of our cooperation with the individual providers, please refer to the individual technologies. If you have any questions about the providers and the basis of our cooperation with them, please use the contact option described in this Privacy Policy.

USE OF GOOGLE SERVICES FOR WEB ANALYSIS AND ADVERTISING PURPOSES
We use the technologies outlined below provided by Google Ireland Ltd, Gordon House, Barrow Street, Dublin 4, Ireland ("Google"). The information automatically collected by Google technologies about your use of our website is usually transmitted to a server of Google LLC, 1600 Amphitheatre Parkway Mountain View, CA 94043, USA and stored there. For the USA, there is no adequacy decision of the European Commission. Our cooperation with them is based on standard data protection clauses of the European Commission. If your IP address is collected via Google technologies, it is shortened by activating IP anonymization before being stored on Google's servers. Only in exceptional cases will the full IP address be transmitted to a Google server and shortened there. Unless otherwise specified for the individual technologies, the data processing is based on an agreement concluded for the respective technology between jointly responsible parties in accordance with Art. 26 DSGVO. Further information on data processing by Google can be found in Google's privacy policy [https://policies.google.com/privacy?hl=de].

GOOGLE ANALYTICS
For the purpose of website analysis, Google Analytics automatically collects and stores data (IP address, time of visit, device and browser information, and information about your use of our website), from which usage profiles are created using pseudonyms. Cookies may be used for this purpose. As a matter of principle, your IP address will not be merged with other data from Google. Data processing is carried out on the basis of an order processing agreement by Google.

For the purpose of optimized marketing of our website, we have activated the data release settings for "Google products and services". This allows Google to access the data collected and processed by Google Analytics and subsequently use it to improve Google services. Data sharing with Google under these data sharing settings is based on an additional agreement between responsible parties. We have no influence on the subsequent data processing by Google.

For the creation and execution of tests, we also use the Google Analytics Google Optimize extension function.

For the purpose of optimized marketing of our website, we use the so-called User ID function. With the help of this function, we can assign a unique, permanent ID to your interaction data of one or more sessions on our online sites and thus analyze your user behavior across devices and sessions.

For web analysis, the Google Analytics Google Signals extension function enables so-called "cross-device tracking". Insofar as your internet-enabled devices are linked to your Google account and you have activated the "personalized advertising" setting in your Google account, Google can create reports about your usage behavior (esp. cross-device user numbers), even if you change your terminal device. A processing of personal data by us does not take place in this respect, we only receive statistics generated on the basis of Google Signals.

For web analysis and advertising purposes, the extension function of Google Analytics enables the so-called DoubleClick cookie to recognize your browser when you visit other websites. Google will use this information to compile reports on website activity and to provide other services related to website usage.

GOOGLE ADSENSE
Our website markets space for third-party ads through Google AdSense. These ads are displayed to you in various places on this website. Via the so-called DoubleClick cookie, the display of interest-based advertising is made possible by the collection and processing of data (IP address, time of visit, device and browser information, and information about your use of our website) and the automatic assignment of a pseudonymous UserID, which is used to determine interests based on visits to this and other websites.

GOOGLE ADS
For advertising purposes in Google search results as well as on third-party websites, the so-called Google Remarketing Cookie is set when you visit our website, which automatically enables interest-based advertising by collecting and processing data (IP address, time of visit, device and browser information as well as information about your use of our website) and by means of a pseudonymous CookieID and based on the pages you visit. Data processing beyond this only takes place if you have activated the "personalized advertising" setting in your Google account. In this case, if you are logged in to Google while visiting our website, Google uses your data together with Google Analytics data to create and define target group lists for cross-device remarketing.

For website analysis and event tracking, we measure your subsequent usage behavior via Google Ads Conversion Tracking if you have reached our website via an advertisement from Google Ads. For this purpose, cookies may be used and data (IP address, time of visit, device and browser information, and information about your use of our website based on events specified by us, such as visiting a website or subscribing to a newsletter) may be collected, from which usage profiles are created using pseudonyms.

GOOGLE MAPS
For the visual presentation of geographical information, Google Maps collects data about your use of the Maps functions, in particular the IP address as well as location data, transmits it to Google and subsequently processes it by Google. We have no influence on this subsequent data processing.

GOOGLE RECAPTCHA
In order to protect against misuse of our web forms and spam by automated software (so-called bots), Google reCAPTCHA collects data (IP address, time of visit, browser information and information about your use of our website) and analyzes your use of our website using JavaScript and cookies. In addition, other cookies stored by Google services in your browser are evaluated. No personal data is read or stored from the input fields of the respective form.

YOUTUBE VIDEO PLUGIN
To integrate third-party content, data (IP address, time of visit, device and browser information) is collected via the YouTube video plugin in the extended data protection mode used by us, transmitted to Google and subsequently processed by Google only when you play a video.

8. INTEGRATION OF THE TRUSTED STORES TRUSTBADGE/ OTHER WIDGETS
Trusted Shops widgets (e.g. Trusted Shops Trustbadge) are integrated on this website to display Trusted Shops services (e.g. seal of approval, collected ratings) and to offer Trusted Shops products to buyers after they have placed an order.

This serves to protect our legitimate interests in optimal marketing by enabling secure shopping, which prevail in the context of a balancing of interests pursuant to Art. 6 para. 1 p. 1 lit. f DSGVO. The Trustbadge and the services advertised with it are an offer of Trusted Shops GmbH, Subbelrather Str. 15C, 50823 Cologne (Trusted Shops), with which we are jointly responsible under data protection law pursuant to Art. 26 DSGVO. In the following, we inform you about the essential contractual contents according to Art. 26 (2) DSGVO within the scope of this data protection notice.

The trust badge is provided as part of a joint responsibility by a US CDN provider (content delivery network). An appropriate level of data protection is ensured by standard data protection clauses and other contractual measures. Further information on the data protection of Trusted Shops GmbH can be found here [https://www.trustedshops.de/impressum/#datenschutz].

When the Trustbadge is called up, the web server automatically saves a so-called server log file, which also contains your IP address, the date and time of the call, the amount of data transferred and the requesting provider (access data) and documents the call. The IP address is anonymized immediately after collection so that the stored data cannot be assigned to you personally. The server log file is stored in a security database for the analysis of security anomalies and automatically deleted or anonymized no later than 90 days after creation. According to Art. 6 para. 1 p. 1 lit. f DSGVO, this serves the legitimate interest of us and Trusted Shops for abuse and fraud prevention, for offer and website optimization and to ensure trouble-free operation of the website or the Trustbadge or other widgets of Trusted Shops.

Further personal data is transferred to Trusted Shops GmbH if you decide to use Trusted Shops products after completing an order or if you have already registered to use them. For this purpose, personal data is automatically collected from the order data. Whether you as a buyer is already registered for product use is checked automatically using a neutral parameter, the e-mail address hashed by cryptological one-way function. The e-mail address is converted into this hash value, which cannot be decrypted by Trusted Shops, before it is transmitted. After checking for a match, the parameter is automatically deleted.

This serves to check whether you are already registered for services with Trusted Shops GmbH and is therefore necessary for the fulfillment of our and Trusted Shops overriding legitimate interests in the provision of the buyer protection linked to the specific order in each case and the transactional evaluation services pursuant to Art. 6 para. 1 p. 1 lit. f DSGVO. If this is the case, further processing will be carried out in accordance with the contractual agreement between you and Trusted Shops. If you have not yet registered for the services, you will be given the opportunity to do so for the first time. Further processing after registration also depends on the contractual agreement with Trusted Shops. If you do not register, all transmitted data is automatically deleted by Trusted Shops and a personal reference is then no longer possible.

Within the framework of the joint responsibility between us and Trusted Shops GmbH, please contact Trusted Shops GmbH if you have any data protection questions or wish to assert your rights. You can find the contact details here [https://www.trustedshops.de/impressum/#datenschutz]. Further information on data protection can be found in the following link here [https://www.trustedshops.com/tsdocument/CONSUMER_MEMBERSHIP_TERMS_de.pdf]. Independently of this, you can also always contact us using the contact option described in this privacy policy. Your request will then be forwarded to the further responsible party for response, if necessary.

9. CONTACT OPTIONS AND YOUR RIGHTS

9.1 YOUR RIGHTS
As a data subject, you have the following rights:
- pursuant to Art. 15 DSGVO, the right to request information about your personal data processed by us to the extent specified therein;
- pursuant to Art. 16 DSGVO, the right to request without undue delay the correction of inaccurate or completion of your personal data stored by us;
- in accordance with Art. 17 DSGVO, the right to request the erasure of your personal data stored by us, unless further processing is required
* for the exercise of the right to freedom of expression and information;
* for compliance with a legal obligation;
* for reasons of public interest; or
* necessary for the assertion, exercise or defense of legal claims;
- in accordance with Art. 18 DSGVO, the right to request the restriction of the processing of your personal data, insofar as
* the accuracy of the data is disputed by you;
* the processing is unlawful, but you object to its erasure;
* we no longer require the data, but you need it to assert, exercise or defend legal claims; or
* you have objected to the processing in accordance with Art. 21 DSGVO;
- pursuant to Art. 20 DSGVO, the right to receive your personal data that you have provided to us in a structured, commonly used and machine-readable format or to request that it be transferred to another controller;
- pursuant to Art. 77 DSGVO, the right to complain to a supervisory authority. As a rule, you can contact the supervisory authority of your usual place of residence or workplace or our company headquarters for this purpose.

Right of objection:
Insofar as we process personal data as explained above in order to protect our legitimate interests that prevail in the context of a balancing of interests, you may object to this processing with effect for the future. If the processing is carried out for direct marketing purposes, you can exercise this right at any time as described above. If the processing is carried out for other purposes, you will only have the right to object if there are grounds arising from your particular situation.

After exercising your right to object, we will no longer process your personal data for these purposes unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or if the processing serves to assert, exercise or defend legal claims.

This does not apply if the processing is for direct marketing purposes. Then we will not further process your personal data for this purpose.

9.2 CONTACT OPTIONS
If you have any questions regarding the collection, processing or use of your personal data, for information, correction, restriction or deletion of data, as well as revocation of consent given or objection to a particular use of data, please contact us directly using the contact details in our imprint.

Data protection officer:
Tomed GmbH
Aylin Düsterhöft
Im Rapsfeld 57
50933 Köln (Cologne)
Germany
info@tomed.com