Data privacy

Unless otherwise stated below, the provision of your personal data is neither required by law or contract, nor is it necessary for the conclusion of a contract. You are not obliged to provide the data. Failure to provide it will have no consequences. This applies only to the extent that no other indication is made in the subsequent processing operations.
“Personal data” means any information relating to an identified or identifiable natural person.

Server log files

You can visit our websites without providing any personal information.

Every time you access our website, usage data is transmitted to us or our web hoster / IT service provider by your Internet browser and stored in log data (so-called server log files). This stored data includes, for example, the name of the page accessed, the date and time of access, the IP address, the amount of data transferred and the requesting provider.
The processing is based on Art. 6 para. 1 lit. f DSGVO from our overriding legitimate interest in ensuring the trouble-free operation of our website and to improve our offer.

Your data will be transferred to Canada, among other countries. The EU Commission has issued an adequacy decision for data transfers to Canada.

Contact

Person responsible/data protection officer
Contact us if you wish. The person responsible for data processing is: Tomed GmbH, Suzan Lara Dönmezer, Im Rapsfeld 57, 50933 Cologne, Germany, +49 221 17067206, info@tomed.com

You can reach our data protection officer directly at: info@tomed.com

Initiative contact of the customer by e-mail
If you contact us by e-mail on your own initiative, we will collect your personal data (name, e-mail address, message text) only to the extent provided by you. The data processing serves the purpose of processing and answering your contact request.
If the contact serves the implementation of pre-contractual measures (e.g. consultation in case of interest in purchase, preparation of an offer) or concerns a contract already concluded between you and us, this data processing is based on Art. 6 para. 1 lit. b DSGVO.
If the contact is made for other reasons, this data processing is carried out on the basis of Art. 6 para. 1 lit. f DSGVO from our overriding legitimate interest in processing and responding to your request. In this case, you have the right to object at any time to this processing of personal data relating to you based on Art. 6 (1) (f) DSGVO for reasons arising from your particular situation.
We will only use your e-mail address to process your request. Your data will then be deleted in compliance with statutory retention periods, unless you have consented to further processing and use.

Collection and processing when using the contact form
When using the contact form, we collect your personal data (name, e-mail address, message text) only to the extent provided by you. The data processing serves the purpose of contacting you.
If the contact serves the implementation of pre-contractual measures (e.g. consultation in case of interest in purchase, preparation of an offer) or concerns a contract already concluded between you and us, this data processing is carried out on the basis of Art. 6 para. 1 lit. b DSGVO.
If the contact is made for other reasons, this data processing is carried out on the basis of Art. 6 para. 1 lit. f DSGVO from our overriding legitimate interest in processing and responding to your request. In this case, you have the right to object at any time to this processing of personal data relating to you based on Art. 6 (1) (f) DSGVO for reasons arising from your particular situation.
We will only use your e-mail address to process your request. Your data will then be deleted in compliance with statutory retention periods, unless you have consented to further processing and use.

Customer account orders

Customer account
When you open a customer account, we collect your personal data to the extent specified there. The data processing serves the purpose of improving your shopping experience and simplifying order processing. The processing is based on Art. 6 para. 1 lit. a DSGVO with your consent. You can revoke your consent at any time by notifying us, without affecting the lawfulness of the processing carried out on the basis of the consent until the revocation. Your customer account will then be deleted.

Collection, processing and forwarding of personal data for orders

When ordering, we collect and process your personal data only to the extent necessary for the fulfillment and processing of your order and to process your requests. The provision of the data is necessary for the conclusion of the contract. Failure to provide it will result in no contract being concluded. The processing is based on Art. 6 para. 1 lit. b DSGVO and is necessary for the performance of a contract with you.

Your data is passed on, for example, to the shipping companies and dropshipping providers you have chosen, payment service providers, service providers for order processing and IT service providers. In all cases, we strictly observe the legal requirements. The scope of the data transfer is limited to a minimum.

Your data will be transferred to Canada, among other countries. The EU Commission has issued an adequacy decision for data transfers to Canada.

Advertising

Use of your personal data for sending postal advertising
We use your personal data (name, address), which we have received in the context of the sale of a product or service, to send you postal advertising, unless you have objected to this use. The provision of this data is necessary for the conclusion of the contract. Failure to provide it will result in no contract being concluded.
The processing is based on Art. 6 (1) lit. f DSGVO from our overriding legitimate interest in direct advertising. You can object to this use of your address data at any time by notifying us. The contact details for exercising the objection can be found in the imprint.

Use of the e-mail address for sending newsletters
We use your e-mail address independently of the contract processing exclusively for our own advertising purposes for sending newsletters, provided that you have expressly consented to this. The processing is based on Art. 6 para. 1 lit. a DSGVO with your consent. You can revoke your consent at any time without affecting the lawfulness of the processing carried out on the basis of the consent until the revocation. To do so, you can unsubscribe from the newsletter at any time by using the corresponding link in the newsletter or by notifying us. Your e-mail address will then be removed from the distribution list.

Use of the e-mail address for sending direct advertising
We use your e-mail address, which we have received in the context of the sale of a good or service, for the electronic sending of advertising for our own goods or services that are similar to those that you have already purchased from us, unless you have objected to this use. The provision of the e-mail address is necessary for the conclusion of the contract. Failure to provide it will result in no contract being concluded. The processing is based on Art. 6 (1) lit. f DSGVO from our overriding legitimate interest in direct advertising. You can object to this use of your e-mail address at any time by notifying us. The contact details for exercising the objection can be found in the imprint. You can also use the link provided for this purpose in the advertising e-mail. This will not incur any costs other than the transmission costs according to the prime rates.

Shipping service provider merchandise management

Forwarding of e-mail address to shipping company for information on shipping status
We forward your e-mail address to the shipping company as part of the contract processing, provided that you have expressly agreed to this in the ordering process. The purpose of this forwarding is to inform you by e-mail about the shipping status. The processing is based on Art. 6 para. 1 lit. a DSGVO with your consent. You can revoke your consent at any time by notifying us or the shipping company, without affecting the lawfulness of the processing carried out on the basis of the consent until the revocation.

Use of an external merchandise management system
We use a merchandise management system for contract processing as part of order processing. For this purpose, your personal data collected in the context of the order will be
transmitted to
JTL-Software-GmbH, Rheinstr. 7, 41836 Hückelhoven.

Cookies

Our website uses cookies. Cookies are small text files that are stored in the Internet browser or by the Internet browser on a user’s computer system. When a user calls up a website, a cookie may be stored on the user’s operating system. This cookie contains a characteristic string of characters that enables the browser to be uniquely identified when the website is called up again.

Cookies are stored on your computer. Therefore, you have full control over the use of cookies. By selecting the appropriate technical settings in your Internet browser, you can be notified before cookies are set and decide on their acceptance individually, as well as prevent the storage of cookies and transmission of the data they contain. Cookies that have already been stored can be deleted at any time. However, we would like to point out that you may then not be able to use all functions of this website to their full extent.

You can find out how to manage (including disabling) cookies on the main browsers by following the links below:

Chrome: https://support.google.com/accounts/answer/61416?hl=de
Microsoft Edge: https://support.microsoft.com/de-de/microsoft-edge/cookies-in-microsoft-edge-lB6schen-63947406-40ac-c3b8-57b9-2a946a29ae09

Mozilla Firefox: https://support.mozilla.org/de/kb/cookies-erlauben-und-ablehnen

Safari: https://support.apple.com/de-de/guide/safari/manage-cookies-and-website-data-sfri11471/mac

Technically necessary cookies

Unless otherwise stated in the privacy policy below, we only use these technically necessary cookies for the purpose of making our offer more user-friendly, effective and secure. Furthermore, cookies enable our systems to recognize your browser even after a page change and to offer you services. Some functions of our website cannot be offered without the use of cookies. For these, it is necessary that the browser is recognized even after a page change.

The use of cookies or similar technologies takes place on the basis of § 25 para. 2 TTDSG. The processing of your personal data is based on Art. 6 para. 1 lit. f DSGVO from our overriding legitimate interest in ensuring the optimal functionality of the website and a user-friendly and effective design of our offer.

You have the right to object to this processing of personal data concerning you at any time on grounds relating to your particular situation.

Use of CookieYes

We use the consent management tool CookieYes on our website, CookieYes Limited, 3 Warren Yard Warren Park, Wolverton Mill, Milton Keynes, MK12 5NW, United Kingdom. Email: support@cookieyes.com. The tool allows you to give consent to data processing via the website, in particular the setting of cookies, as well as to exercise your right to withdraw consent already given.
Data processing serves the purpose of obtaining and documenting required consents to data processing and thus complying with legal obligations. Cookies may be used for this purpose. Among other things, the following information may be collected and transmitted to CookieYes: anonymized IP address, date and time of consent, URL from which the consent was sent, anonymous, random, encrypted key, consent status. This data is not passed on to other third parties.

The data processing is carried out for the fulfillment of a legal obligation on the basis of Art. 6 para. 1 lit. c DSGVO.

For more information on CookieYes’ terms of use and privacy policy, please visit: https://www.cookieyes.com/terms-and-conditions/ and https://www.cookieyes.com/privacy-policy/.

Analysis Advertising Tracking

Use of Google Analytics
We use the Google Analytics web analytics service provided by Google Google Ireland Limited (Gordon House, Barrow Street, Dublin 4, Ireland; “Google”) on our website.
The data processing serves the purpose of analyzing this website and its visitors as well as for marketing and advertising purposes. To this end, Google will use the information obtained on behalf of the operator of this website for the purpose of evaluating your use of the website, compiling reports on website activity and providing other services relating to website activity and internet usage to the website operator. In this context, the following information may be collected, among others: IP address, date and time of page view, click path, information about the browser you are using and the device you are using (device), pages visited, referrer URL (website from which you accessed our website), location data, purchase activities. The IP address transmitted by your browser as part of Google Analytics is not merged with other data from Google.
Google Analytics uses technologies such as cookies, web storage in the browser and tracking pixels that enable an analysis of your use of the website. The information generated by this about your use of this website is usually transferred to a Google server in the USA and stored there. For the USA, there is an adequacy decision of the EU Commission, the Trans-Atlantic Data Privacy Framework (TADPF). Google has certified itself in accordance with the TADPF and has thus undertaken to comply with European data protection principles. Both Google and U.S. government agencies have access to your data. Your data may be linked by Google to other data, such as your search history, your personal accounts, your usage data from other devices, and any other data Google may have about you.
IP anonymization is activated on this website. This means that your IP address will be truncated beforehand by Google within member states of the European Union or in other states party to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there.
The use of cookies or comparable technologies takes place with your consent on the basis of § 25 para. 1 p. 1 TTDSG in conjunction with. Art. 6 para. 1 lit. a DSGVO. The processing of your personal data is carried out with your consent on the basis of Art. 6 para. 1 lit. a DSGVO. You may revoke your consent at any time without affecting the lawfulness of the processing carried out on the basis of the consent until revocation.
For more information on terms of use and data protection, please visit https://www.google.com/analytics/terms/de.html or https://www.google.de/intl/de/policies/ and https://policies.google.com/technologies/cookies?hl=de.

Use of Google Analytics 4
We use the web analytics service Google Analytics of Google Google Ireland Limited (Gordon House, Barrow Street, Dublin 4, Ireland; “Google”) on our website.
The data processing serves the purpose of analyzing this website and its visitors as well as for marketing and advertising purposes. To this end, Google will use the information obtained on behalf of the operator of this website for the purpose of evaluating your use of the website, compiling reports on website activity and providing other services relating to website activity and internet usage to the website operator.
In this context, the following information may be collected, among others: IP address, date and time of page view, click path, information about the browser you are using and the device you are using (device), pages visited, referrer URL (website from which you accessed our website), location data, purchase activities. The IP address transmitted by your browser as part of Google Analytics is not merged with other data from Google.
Google uses technologies such as cookies, web storage in the browser and tracking pixels that enable an analysis of your use of the website.
The information generated by this about your use of this website is usually transferred to a Google server in the USA and stored there. For the USA, there is an adequacy decision of the EU Commission, the Trans-Atlantic Data Privacy Framework (TADPF). Google has certified itself in accordance with the TADPF and has thus undertaken to comply with European data protection principles. Both Google and U.S. government agencies have access to your data. Your data may be linked by Google to other data, such as your search history, your personal accounts, your usage data from other devices, and any other data Google may have about you.
When using Google Analytics 4, the IP address transmitted by your website is automatically collected and processed in anonymized form. The IP address is shortened beforehand by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area.
The use of cookies or comparable technologies takes place with your consent on the basis of § 25 para. 1 p. 1 TTDSG in conjunction with. Art. 6 para. 1 lit. a DSGVO. The processing of your personal data is carried out with your consent on the basis of Art. 6 para. 1 lit. a DSGVO. You can revoke your consent at any time without affecting the lawfulness of the processing carried out on the basis of the consent until the revocation.
For more information on terms of use and data protection, please visit https://policies.google.com/technologies/partner-sites and https://policies.google.com/privacy?hl=de&gl=de.

Use of the Facebook Pixel
We use the remarketing function “Custom Audiences” of Meta Platforms Ireland Limited (4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland “Facebook”) on our website.
Meta Platforms Ireland and we are jointly responsible for the collection of your data and transmission of this data to Facebook when the service is integrated. This is based on an agreement between us and Meta Platforms Ireland on the joint processing of personal data, which defines the respective responsibilities. The agreement can be accessed
at https://www.facebook.com/legal/controller_addendum. According to this agreement, we are responsible in particular for fulfilling the information obligations pursuant to Articles 13, 14 of the GDPR, for complying with the security requirements of Article 32 of the GDPR with regard to the correct technical implementation and configuration of the service, and for complying with the obligations pursuant to Articles 33, 34 of the GDPR to the extent that a personal data breach affects our obligations under the joint processing agreement. Meta Platforms Ireland is responsible for enabling data subject rights under Art. 15 – 20 GDPR, for complying with the security requirements of Art. 32 GDPR with respect to the security of the Service, and for complying with the obligations under Art. 33, 34 GDPR insofar as a personal data breach affects Meta Platforms Ireland’s obligations under the Joint Processing Agreement.
The application serves the purpose of targeting the visitors of the website with interest-based advertising on the social network Facebook. For this purpose, the remarketing tag of Facebook has been implemented on the website. Via this tag, a direct connection to the Facebook servers is established when the website is visited. This transmits to the Facebook server which of our pages you have visited. Facebook assigns this information to your personal Facebook user account. When you visit the Facebook social network, you will then be shown personalized, interest-related Facebook ads.
Your data may be transferred to the USA. For the USA, an adequacy decision of the EU Commission is in place, the Trans-Atlantic Data Privacy Framework (TADPF). Meta has certified itself in accordance with the TADPF and has thus undertaken to comply with European data protection principles.
The use of cookies or comparable technologies takes place with your consent on the basis of § 25 para. 1 p. 1 TTDSG in conjunction with. Art. 6 para. 1 lit. a DSGVO. The processing of your personal data is carried out with your consent on the basis of Art. 6 para. 1 lit. a DSGVO. You may revoke your consent at any time without affecting the lawfulness of the processing carried out on the basis of the consent until revocation.
For more information on the collection and use of data by Facebook, your rights in this regard and options for protecting your privacy, please refer to Facebook’s privacy policy at https://www.facebook.com/about/privacy/.

Use of Google Ads conversion tracking
We use the online advertising program “Google Ads” on our website and in this context conversion tracking (visit action evaluation). Google Conversion Tracking is an analysis service provided by Google Ireland Limited (Gordon House, Barrow Street, Dublin 4, Ireland; Google).
When you click on an ad placed by Google, a cookie for conversion tracking is placed on your computer. These cookies have a limited validity, do not contain any personal data and are therefore not used for personal identification. If you visit certain pages of our website and the cookie has not yet expired, Google and we can recognize that you clicked on the ad and were redirected to this page. Each Google Ads customer receives a different cookie. Thus, there is no way that cookies can be tracked across Ads customers’ websites.
The information obtained with the help of the conversion cookie is used for the purpose of creating conversion statistics. Here, we learn the total number of users who clicked on one of our ads and were redirected to a page tagged with a conversion tracking tag. However, we do not receive any information with which users can be personally identified.
Your data may be transmitted to Google LLC servers in the USA. For the USA, an adequacy decision of the EU Commission is in place, the Trans-Atlantic Data Privacy Framework (TADPF). Google has certified itself in accordance with the TADPF and has thus undertaken to comply with European data protection principles.

The use of cookies or similar technologies takes place with your consent on the basis of § 25 para. 1 p. 1 TTDSG in conjunction with. Art. 6 para. 1 lit. a DSGVO. The processing of your personal data is carried out with your consent on the basis of Art. 6 para. 1 lit. a DSGVO. You can revoke your consent at any time without affecting the lawfulness of the processing carried out on the basis of the consent until the revocation.
You can find more information and Google’s privacy policy at: https:
//www.google.de/policies/privacy/

Use of Google AdSense
We use the AdSense function of Google Ireland Limited (Gordon House, Barrow Street, Dublin 4, Ireland; “Google”) on our website. The data processing serves the purpose of renting advertising space on the website and targeting visitors to the website with interest-related advertising on these. By means of this function, personalized, interest-related advertising ads from the Google Display Network are displayed to visitors of the Provider’s website. In doing so, Google uses cookies that enable an analysis of your use of the website. The information generated by the cookie about your use of this website is usually transmitted to a Google server in the USA and stored there. For the USA, there is an adequacy decision of the EU Commission, the Trans-Atlantic Data Privacy Framework (TADPF). Google has certified itself in accordance with the TADPF and has thus undertaken to comply with European data protection principles. Google may transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. Google will not associate your IP address with any other data held by Google.
The use of cookies or similar technologies takes place with your consent on the basis of § 25 para. 1 p. 1 TTDSG in conjunction with. Art. 6 para. 1 lit. a DSGVO. The processing of your personal data is carried out with your consent on the basis of Art. 6 para. 1 lit. a DSGVO. You can revoke your consent at any time without affecting the lawfulness of the processing carried out on the basis of the consent until the revocation.
You can find more information and Google’s privacy policy at: https://www.google.com/policies/technologies/ads/ and https://www.google.de/policies/privacy/

Use of the remarketing or “similar target groups” function of Google Inc.
We use the remarketing or “similar target groups” function of Google Ireland Limited (Gordon House, Barrow Street, Dublin 4, Ireland; “Google”) on our website.
The application serves the purpose of analyzing visitor behavior and visitor interests. Google uses cookies to perform the analysis of website usage, which forms the basis for the creation of interest-based advertisements. The cookies are used to record visits to the website and anonymized data on website usage. No personal data of the website visitors is stored. If you subsequently visit another website in the Google Display Network, you will be shown advertisements that are highly likely to take into account previously accessed product and information areas.
Your data may be transmitted to Google LLC servers in the USA. For the USA, there is an adequacy decision of the EU Commission, the Trans-Atlantic Data Privacy Framework (TADPF). Google has certified itself in accordance with the TADPF and has thus undertaken to comply with European data protection principles.
The use of cookies or comparable technologies takes place with your consent on the basis of § 25 para. 1 p. 1 TTDSG in conjunction with. Art. 6 para. 1 lit. a DSGVO. The processing of your personal data is carried out with your consent on the basis of Art. 6 para. 1 lit. a DSGVO. You may revoke your consent at any time without affecting the lawfulness of the processing carried out on the basis of the consent until revocation.
You can find more information about Google Remarketing and the associated privacy policy at: https://www.google.com/privacy/ads/

Plug-ins and other

Use of Google Tag Manager
We use the Google Tag Manager of Google Ireland Limited (Gordon House, Barrow Street, Dublin 4, Ireland; “Google”) on our website.
This application is used to manage JavaScript tags and HTML tags that are used to implement tracking and analysis tools in particular. The data processing serves the purpose of demand-oriented design and optimization of our website.
The Google Tag Manager itself neither stores cookies nor does it process personal data. However, it enables the triggering of other tags that can collect and process personal data.
More information on terms of use and data protection can be found here.

Use of Google reCAPTCHA

We use the reCAPTCHA service of Google Ireland Limited (Gordon House, Barrow Street, Dublin 4, Ireland; “Google”) on our website. The query serves the purpose of distinguishing the input by a human or by automated, machine processing. For this purpose, your input is transmitted to Google and further used there. In addition, the IP address and, if applicable, other data required by Google for the reCAPTCHA service are transmitted to Google. This data is processed by Google within the European Union and may also be transmitted to servers of Google LLC in the USA. For the USA, an adequacy decision of the EU Commission is in place, the Trans-Atlantic Data Privacy Framework (TADPF). Google has certified itself in accordance with the TADPF and has thus undertaken to comply with European data protection principles.

For more information on Google reCAPTCHA and the associated privacy policy, please visit: https://www.google.com/recaptcha/intro/android.html and https://www.google.com/privacy.

Use of Google invisible reCAPTCHA
We use the invisible reCAPTCHA service of Google Ireland Limited (Gordon House, Barrow Street, Dublin 4, Ireland; “Google”) on our website.
This serves the purpose of distinguishing the input by a human or by automated, machine processing. In the background, Google collects and analyzes usage data that is used by Invisible reCaptcha to distinguish regular users from bots. For this purpose, your input is transmitted to Google and further used there. In addition, the IP address and, if applicable, other data required by Google for the Invisible reCAPTCHA service are transmitted to Google.
This data is processed by Google within the European Union and may also be transmitted to servers of Google LLC in the USA. For the USA, an adequacy decision of the EU Commission is in place, the Trans-Atlantic Data Privacy Framework (TADPF). Google has certified itself in accordance with the TADPF and has thus undertaken to comply with European data protection principles.
The use of cookies or comparable technologies takes place with your consent on the basis of § 25 para. 1 p. 1 TTDSG in conjunction with. Art. 6 para. 1 lit. a DSGVO. The processing of your personal data is carried out with your consent on the basis of Art. 6 para. 1 lit. a DSGVO. You may revoke your consent at any time without affecting the lawfulness of the processing carried out on the basis of the consent until revocation.
You can find more information about Google reCAPTCHA and the associated privacy policy at: https://www.google.com/recaptcha/intro/android.html and https://www.google.com/privacy.

Data subject rights and storage period

Duration of storage
Once the contract has been fully processed, the data will initially be stored for the duration of the warranty period, then taking into account statutory, in particular tax and commercial law retention periods, and then deleted after expiry of the period, unless you have consented to further processing and use.

Rights of the data subject
You are entitled to the following rights according to Art. 15 to 20 DSGVO if the legal requirements are met: right to information, to correction, to deletion, to restriction of processing, to data portability.
In addition, you have the right to object to processing based on Art. 6(1)(f) DSGVO and to processing for the purposes of direct marketing in accordance with Art. 21(1) DSGVO.

Right of complaint to the supervisory authority
Pursuant to Art. 77 DSGVO, you have the right to complain to the supervisory authority if you believe that the processing of your personal data is not lawful.

You can lodge a complaint with, among others, the supervisory authority responsible for us, which you can reach at the following contact details:

State Commissioner for Data Protection and Freedom of Information of North Rhine-Westphalia
P.O. Box 20 04 44
40102 Düsseldorf, Germany.
Phone: +49 211 384240
Fax: +49 211 38424999
E-mail: poststelle@ldi.nrw.de

Right of objection
If the personal data processing listed here is based on our legitimate interest pursuant to Art. 6 (1) lit. f DSGVO, you have the right to object to this processing with effect for the future at any time for reasons arising from your particular situation.
After the objection has been made, the processing of the data concerned will be terminated, unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or if the processing serves the assertion, exercise or defense of legal claims.

If personal data processing is carried out for direct marketing purposes, you may object to this processing at any time by notifying us. After the objection has been made, we will stop processing the data concerned for the purpose of direct marketing.

Last updated: 18.08.2023