In addition, we inform you about how we generally process data of our customers, suppliers and interested parties and finally explain which rights and security we offer in the course of data processing. For all relevant contact details please refer to point 11. of this data protection declaration.
As the protection of your personal data is a matter of particular concern to us, we adhere to the following we strictly adhere to the legal requirements of the Data Protection Act and the legal requirements of the DSG and the DSGVO.
1. personal data
The use of our website is generally possible without providing personal data. personal data. For the use of individual services, however, different rules may apply. However, different regulations may apply to the use of individual services, which we will point out to you separately.
Therefore, apart from the cookies described in detail below, we only collect and store the data that that you yourself provide to us by inserting it in our input masks or by or otherwise actively interacting with our website.
Personal data is any information relating to an identified or identifiable natural person. identifiable natural person. This includes, for example, your name, address, your telephone number or your date of birth, but also your IP address or geo-location data or geolocation data that allow an inference to you.
a. Provided that you use our website for information purposes only, i.e. if you register for a service or otherwise send us information - for example via a contact form - we will otherwise transmit information, we only record the (person-) related data. data that your browser transmits to our server. Therefore, if you visit our website we collect the following data, which is technically necessary for us to display the website and to ensure its stability and security. security pursuant to Art. 6 para. 1 p. 1 lit. f DSGVO:
- IP address
- Date and time of the request
- Time zone difference to Greenwich Mean Time (GMT)
- Content of the request
- Access status / http status code
- Amount of data transferred
- Website from which the request came
- Browser used
- Operating system and its interface
- Language and version of the browser software
However, this data is not processed beyond the purpose of displaying our website. not processed.
b. In addition to the aforementioned data, first and third-party cookies are stored on your computer when you use our website. text files that are stored on your hard drive in the browser you are using. The entity that sets a cookie (this is done either by us or an explicitly named third party), thereby receives certain information.
A distinction can be made between first party cookies, third party cookies and third party requests. Party Requests.
- Session (Session)
- CSRF protection
- Time zone
- CAPTCHA integration
- Product description
- Wallee payment method
- Remember form input
Third Party Cookies
Third party cookies are stored in your browser by a third party provider. These are mostly tracking or marketing tools, which on the one hand evaluate your evaluate your user behavior and on the other hand offer the third party the possibility, to recognize you on other websites you visit. Basically, retarget marketing retarget marketing, for example, is based on the function of such cookies. On our website, which can be optionally activated or deactivated at any time. or deactivated at any time. These are:
- Youtube Cookie (For playing videos).
- Sendinblue (For tracking newsletter data)
- StoreLocator (Allows the loading of Google Maps on this site)
- Google Maps
Third Party Requests
d. In order to inform you comprehensively about the cookies we use, we have in accordance with the case law of the ECJ of 01.10.2019, C-673/17 (Planet 49) as well as other relevant decisions, we designed cookie banners on each website, which will be displayed to you when you first access our websites. In this cookie banner shows all cookies used together with their function, storage duration and origin. Only if you agree to the use of some or all cookies, they will be stored by us; an exception to this can be cookies, without the use of which our websites could not be displayed correctly. could not be displayed correctly.
e. It is possible for you to change your browser settings to this effect at any time, that you refuse, for example, the acceptance of third-party cookies or all cookies. In this case, however, we must point out to you that you may have to no longer be able to use all the functions of our website.
3. collection and processing of personal data
Personal data, which goes beyond the information stored by cookies information stored by cookies, will be processed by us in the context of the operation of our website exclusively processed by us in the context of the operation of our website only if you voluntarily disclose it to us, for example when register with us, enter into a contractual relationship with us or otherwise contact us. get in contact with us. This exclusively concerns contact data and information about the concerns with which you approach us.
We use the personal data provided by you exclusively to the extent insofar as this is necessary to fulfill the purpose of the processing (e.g. registration, newsletter (e.g. the registration, the newsletter dispatch, the processing of an order, the sending of information material and advertising, the processing of a competition, the answering of a question, the enabling of access to certain information) and this is required by law (in particular according to Art. 6 or Art. 9 DSGVO). (e.g., sending advertising and information material to existing customers pursuant to Art. 6 Par. customers according to Art. 6 para. 1 p. 1 lit. f DSGVO).
The purpose of the processing of your data is the operation of our website and the targeted provision of company-specific information together with the presentation of the range of our goods and services (marketing).
Any further use of your data will only take place if you have given your express have given your express prior consent, we need your data to fulfill a contract concluded with you or we are contract concluded with you or if we are obliged by law to retain it. or are obliged by law to retain it. You can revoke any consent you have given at any time - as explained in detail below - at any time for the future.
b. Contract processing, marketing and more
In general, we use personal data of our customers, suppliers and other contractual and and cooperation partners, e.g. contact persons, their contact details and their and marketing-relevant information, for the purpose of contract processing and within the scope of within the scope of legal retention obligations (e.g.: accounting 7 years), and in addition, also for legitimate interest, such as for marketing and customer service purposes.
Should a legitimate interest and/or another legal obligation (such as legal obligation (e.g. the Weapons Act) requires us to store data for longer reserve the right to implement this in accordance with the law. (e.g. product liability 10 years).
We also collect personal data from interested parties (e.g. contact persons, their contact details and marketing-relevant information) in the course of our acquisition and sales activities. We are always on the lookout for potential contractual partners on the Internet, at trade fairs and at other events and conduct and maintain a marketing database for this purpose, in order to provide targeted advertising for our products and services. All of the measures listed here We carry out all the measures listed here in the legitimate interest of marketing purposes pursuant to Art. 6 Para. 1 S. 1 lit. f DSGVO in conjunction with recital 47 for a period of three years from the the end of a contractual relationship (customers & suppliers) or our first (fruitless) (fruitless) contact (interested parties), provided that no further express consent has been given. unless we have the express consent of the person concerned to do so.
If we do not collect personal data for marketing purposes from the data subject himself person, we will also inform the data subject in accordance with Art. 14 DSGVO where we can contact, we also inform the data subject where we have collected his or her data.
c. Application management
We collect data from applicants for job offers open with us for the purpose of initiation of a possible employment relationship Art. 6 para. 1 p. 1 lit. b DSGVO or, if necessary, on the basis of explicit consent for record purposes.
4. storage period
Data that you have provided to us exclusively for customer service or for marketing and information purposes will generally be stored until three years after our last contact. If you wish, we will we will delete your data before the expiry of this period, provided that there is no legal legal obstacle to this.
In the event of a contract being initiated or concluded, we will process your personal data after the contract has been fully processed until the expiry of the period of time required for us to process the data. warranty, limitation and legal retention periods, and beyond that until the end of any legal disputes, in which the data is required as evidence.
Data that you may provide to us as part of an application process will only be stored without separate consent for a period of 6 months. stored.
5. data transmission
A transfer of your data to third parties does not take place in principle, unless, we are legally obligated to do so, the transfer of data is necessary for the execution of a contractual relationship concluded between us, or you have expressly consented to the expressly consented to the transfer of your data.
External order processors or other cooperation partners will receive your data partners only insofar as this is necessary for the execution of the contract, we have a justified we have a legitimate interest in doing so, which we always disclose separately in the event of an occasion is required due to special standards, with your consent.
Your personal data will not be sold to third parties or otherwise marketed. marketed in any other way. Insofar as our contractual partners or order processors have their registered office in in a third country, i.e. a country outside of the European Economic Area (EEA), we will inform you about the consequences of this circumstance in the description of the offer.
Insofar as one of our order processors comes into contact with your personal data, we ensure that they comply with the provisions of data protection laws in the same way as we do.
b. Data transfer to the USA?
We occasionally offer some services in the course of which a transfer of data to the USA takes place or can take place. In order to use these services, it is necessary - unless services - unless there is another justification, such as the fulfillment of contractual contractual obligations - it is however necessary that you consent to the use of your data data collected via these services, if necessary also in the USA (Art. 49 para. 1 lit. a DSGVO).
We collect this consent - depending on the service - via our cookie banner or separately by means of a corresponding declaration of consent directly before the use of a service offered.
Your consent is required because, according to recent official and court decisions and the case law of the ECJ, the USA does not have an adequate level of data protection with regard to the processing of personal data (C-311/18 (C-311/18, Schrems II). In these decisions of the authorities and courts in particular critically pointed out that access by U.S. authorities (FISA 0702) is not comprehensively restricted by law, does not require approval by an independent authority, and no relevant legal remedies are available to the data subjects in the event of such interventions.
We have - apart from the contracts concluded with U.S. service providers - no have any direct influence on the access of U.S. authorities to personal data. data transferred to service providers in the USA when using these services. Even if we assume that our service providers comply with the data protection laws concluded with with us will take the necessary steps to ensure the promised level of protection, access by U.S. authorities to personal data stored in the U.S. is not possible. processed in the USA is nevertheless conceivable.
We therefore request your consent to the following before using such services processing of the data in the USA. We will point out separately for each service or application that the possibility of data transmission to the USA exists.
You have the option to subscribe to our free newsletter. With this newsletter you will receive all the latest news and information about our company as well as customized advertising at regular intervals. To subscribe to our newsletter, you need a valid e-mail address.
We check the e-mail address you enter in our registration mask to see whether you actually want to receive whether the receipt of newsletters is actually desired. This is done by sending you an e-mail to the e-mail address you entered, and you confirm receipt of the e-mail by clicking on a link provided. provided. After confirming the e-mail, you are registered for our newsletter. (Double Opt-In)
Already with the first registration for the newsletter, we store your IP address, the date and time of your registration. This is done for security reasons for the case that a third party misuses your e-mail address and subscribes to our newsletter without your knowledge. Further data is not collected and processed by us for the newsletter subscription. and processed by us for the newsletter subscription, the data is used exclusively for the newsletter.
Sf you do not object to this, we may transfer your data to companies associated with our company under companies associated with our company under company law for the purpose of analysis and for the transmission of information for advertising purposes. Within group of companies, the data you have provided to us for the purpose of receiving the newsletter will be with data that may be collected by us in other ways (e.g. when purchasing goods or booking a service).
Your newsletter registration data will not be passed on to third parties that do not belong to the group of companies. You can cancel the subscription to our newsletter unsubscribe at any time; you will find details on how to unsubscribe in the confirmation email and in each each individual newsletter.
7. tools and applications used
On our behalf, Google uses this information to evaluate your use of our website in order to website, to compile reports on website activity, and to use this information for and to provide other services to the website operator in connection with the use of the website and the Internet. The data collected within the scope of Google Analytics from your browser will not be merged with other data from Google. merged with other data from Google.
You can prevent the storage of cookies required by Google Analytics by setting your browser software accordingly. by selecting the appropriate settings on your browser, which may require However, this may result in you not being able to use all the functions of this website to their full extent. The collection of the data generated by the cookie and related to your Use of the website (including your IP address) as well as their transmission and processing by Google, you can also prevent by using the under downloading and installing the browser plugin available at the following link: http://tools.google.com/dlpage/gaoptout?hl=de
b. On our website, we also use the offers of Google Maps. Thereby we can show you interactive maps directly on our website and allow you to conveniently use the map function to find our location. and to make your journey easier.
By visiting our website, Google receives the information that you have called up the corresponding subsite of our website and that the information listed under 2. personal data. This occurs regardless of whether you are logged in via a Google account or not. If you are logged in to Google, your personal data will be data will be directly assigned to your account. If you do not wish this, you must log out of Google before using this service. Google uses your data for purposes of advertising, market research and website design. You have the right to object to the use of your data in this respect, which you must address directly to Google.
d. Our website also offers the option of interacting with various social networks via plugins. Social networks to interact. These are:
- Youtube, operated by Youtube LLC, 901 Cherry Avenue, San Bruno, CA. 94066 USA
- Instagram, operated by Meta Platforms Ireland Limited, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland.
When you click on a plugin of one of these social networks, it is activated and a connection to the respective server of this network is established as described above. established. If you activate these plugins, you consent to the use of your data collected via these plugins, if applicable, also in the USA. We have no influence on the scope and content of the data collected by the click the plugin is transmitted to the respective operator of this social network or which is subsequently or which may subsequently be subject to access by US authorities. If you are unsure about the nature, scope and purpose of the data transmitted by the operators of these social networks, please contact us. If you wish to obtain information about the type, scope and purpose of the data collected by the operators of these social networks, we recommend that you read the data protection provisions of the respective social network.
8. joint responsibilities pursuant to Art. 26 DSGVO
a. Facebook - Fan Page
We operate a Facebook - fan page at https://www.facebook.com/TMHTradingAustria. The purpose of this fan page is to share information about the activities of our company, to set marketing measures and to provide a further communication channel with us.
In this context, we are "joint controllers" with Facebook, operated by Meta Platforms Ireland Limited, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland, which provides this service to us. Basically Facebook allows you to select in your settings which personal data is shared with us. If you do not wish to do this, we will receive all information about the use of our fan page and personal data about the about the visitors in anonymized form.
In the Art. 26 -DSGVO agreement we have concluded, Facebook undertakes to be the first point of contact for data subjects regarding the processing of Insights data and to fulfill the related obligations and tasks.
b. Instagram - Profile
We operate an Instagram profile with all of our sales channels. With this profile we want to set marketing measures, draw attention to our products and services and create another communication channel with our customers.
Also in this context, we are "joint responsible parties" with Instagram, operated by Meta Platforms Ireland Limited, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland, which provides this service to us. Basically, Facebook allows you to choose in your settings which personal data is shared with us. If you do not wish to do so, we will receive we will receive all information regarding the use of our fan page and personal data about visitors in anonymized form.
In the Art. 26 -DSGVO agreement we have concluded, Facebook undertakes to be the first point of contact for data subjects regarding the processing of Insights-. data and to fulfill the related obligations and tasks.
We use numerous technical and organizational security measures to protect protect your data against manipulation, loss, destruction and against access by third parties. access. Our security measures are continuously improved in line with technological developments on the Internet. Should you require further information the nature and extent of the technical and organizational measures we have taken, please feel free to contact us measures taken by us, please do not hesitate to contact us at any time in writing. available at any time.
10. your rights
In accordance with the General Data Protection Regulation and the Data Protection Act, you are as a data subject of our data processing, you have the following rights and remedies To:
- Right to information (Art. 15 DSGVO).
As a data subject of the data processing described above and other data processing, you have the right to request information about whether and, if so, which personal data about you is being processed. For your own protection - to ensure that no unauthorized person receives information about your data - we will we will verify your identity in an appropriate form before providing you with information.
- Right to rectification (Art. 16) and deletion (Art. 17 DSGVO)
You have the right to request the correction of inaccurate data relating to you without delay. personal data or - taking into account the purposes of the data processing - the completion of incomplete personal data. data as well as the deletion of your data, provided that the criteria of Art. Art. 17 DSGVO are met.
- Right to restriction of processing (Art. 18 DSGVO).
Under the legal conditions, you have the right to restrict the processing of all personal data collected. This data will be processed from the restriction request only with your individual consent or for the assertion and enforcement of legal claims.
- Right to data portability (Art. 20 DSGVO).
You may request the unhindered and unrestricted transfer of personal data that you have provided to us to you or to a third party demand.
- Right to object (Art. 21 DSGVO).
You may object at any time, on grounds relating to your particular situation, to the processing of personal data concerning you which is necessary for the purposes of protecting our legitimate interests or those of a third party. Your data will be processed after objection no longer processed after the objection, unless there are compelling reasons worthy of protection for the processing that override your interests, rights and freedoms or the processing serves the assertion, exercise or defense of your rights. of legal claims. You may object to data processing for the purpose of direct marketing at any time with effect for the future.
- Revocation of consent
If you have separately given your consent to the processing of your data, you can revoke this consent at any time. Such a revocation will affect the permissibility of the processing of your personal data after you have given it have expressed it to us. If you take a measure to enforce your rights listed above under the the GDPR, TMH shall notify you without undue delay, but no later than one month after of receipt of your request, to comment on the requested measure or to comply with the request. comply with the request.
We will respond to all reasonable requests within the legal framework free of charge and as promptly as possible. For requests concerning infringement of the right to information, infringement of the rights to secrecy rights to confidentiality, to rectification or to deletion, the data protection authority is is responsible. Their contact details are:
Austrian Data Protection Authority
11. contact information / contact person
a. Contact information of the responsible person
TMH Trading Ltd.
Ennser road 39
Tel.: +43 7252 50900
b. Contact information of the data protection officer
RAA Mag. Toni Brnada
Summereder Pichler Wächter Attorneys at Law Ltd.
Dr. Herbert-Sperl-Ring 3
A - 4060 Leonding email@example.com
+43 732 272887
FN 441762a LG Linz | ADVM-Code P430533
Status: January 2023