Customer Privacy and Data Protection

DATA PROTECTION

(1) The person responsible within the meaning of the General Data Protection Regulation and other national data protection laws of the member states as well as other data protection regulations is:
Tonkin Design/Elbenringschmiede.de
Benjamin Simmes
Karlsburgstr. 8
76227 Karlsruhe
+49 174 7488 251
order@elbenringschmiede.de

GENERAL INFORMATION ON DATA PROCESSING

(2) Scope of the processing of personal data
Tonkin Design processes our users' personal data only insofar as this is necessary to provide a functional website and content as well as the services offered by Tonkin Design. The processing of personal data of our users takes place regularly only with the consent of the user. An exception applies in those cases in which prior consent cannot be obtained for practical reasons and the processing of the data is permitted by law.

(3) Legal basis for the processing of personal data
Insofar as Tonkin Design obtains the consent of the data subject for the processing of personal data, Art. 6 Para. 1 lit. a EU General Data Protection Regulation (GDPR) serves as the legal basis.
When processing personal data that is necessary for the performance of a contract to which the data subject is a party, Article 6 (1) lit. b GDPR serves as the legal basis. This also applies to processing operations that are necessary to carry out pre-contractual measures.
Insofar as the processing of personal data is necessary to fulfill a legal obligation to which Tonkin Design is subject, Art. 6 Para. 1 lit. c GDPR serves as the legal basis.
In the event that vital interests of the data subject or another natural person require the processing of personal data, Art. 6 para. 1 lit. d GDPR serves as the legal basis.
If processing is necessary to safeguard a legitimate interest of our company or a third party and if the interests, fundamental rights and freedoms of the person concerned do not outweigh the first-mentioned interest, Article 6 (1) lit. f GDPR serves as the legal basis for processing.

(4) Data deletion and Storage Duration
The personal data of the data subject will be deleted or blocked as soon as the purpose of storage no longer applies. Storage can also take place if this has been provided for by the European or national legislator in Union regulations, laws or other provisions to which the person responsible is subject. The data will also be blocked or deleted if a storage period prescribed by the standards mentioned expires, unless there is a need for further storage of the data in order to conclude or fulfill a contract.

 

PROVISION OF THE WEBSITE AND CREATION OF LOGFILES

(5) Description and Scope of Data Processing
Every time our website is accessed, our system automatically collects data and information from the computer system of the calling computer.
The following data is collected:
a) Information about the browser type and the version used
b) The user's operating system
c) The user's internet service provider
d) The user's IP address
e) Date and time of access
f) Websites from which the user's system accessed the website
g) Websites that are accessed by the user's system via our website
The data is also stored in the log files of our system. This does not affect the user's IP addresses or other data that enable the data to be assigned to a user. This data is not stored together with other personal data of the user.

(6)  Legal basis for Data Processing

The legal basis for the temporary storage of the data and the log files is Art. 6 Para. 1 lit. f GDPR.

(7) Purpose of Data Processing
The temporary storage of the IP address by the system is necessary to enable the website to be delivered to the user's computer. For this, the user's IP address must be stored for the duration of the session.
The storage in log files takes place in order to ensure the functionality of the website. Tonkin Design also uses the data to optimize the website and to ensure the security of the information technology systems used. An evaluation of the data for marketing purposes does not take place in this context.
Tonkin Design's legitimate interest in data processing in accordance with Art. 6 Para. 1 lit. f GDPR.

(8) Duration of Storage
The data will be deleted as soon as they are no longer required to achieve the purpose for which they were collected. In the case of data collection for the provision of the website, this is the case when the respective session has ended.
If the data is stored in log files, this is the case after seven days at the latest. Any further storage is possible. In this case, the IP addresses of the users are deleted or alienated so that it is no longer possible to assign the accessing client.

(9) Opposition and Removal Option
The collection of the data for the provision of the website and the storage of the data in log files is essential for the operation of the website. There is consequently no possibility of objection on the part of the user.

USE OF COOKIES

(10) Description and Scope of Data Processing
The Tonkin Design websites use cookies. Cookies are text files that are stored in the internet browser or by the internet browser on the user's computer system. When a user calls up a website, a cookie can be stored on the user's operating system. This cookie contains a characteristic string that enables the browser to be clearly identified when the website is accessed again.
Tonkin Design uses cookies to make the website more user-friendly. Some elements of the website require that the calling browser can also be identified after changing pages.
The following data is stored and transmitted in the cookies:
a) Log-in information on websites that offer such a function
b) Items in a shopping cart on websites that offer one
c) if necessary, settings relating to the use of the website, e.g. a language selection

(11) Legal basis for Data Processing
The legal basis for the processing of personal data using cookies is Art. 6 Para. 1 lit. f GDPR.

(12) Purpose of Data Processing
The purpose of using technically necessary cookies is to simplify the use of websites for users. Some functions of our website cannot be offered without the use of cookies. For this it is necessary that the browser is recognized even after changing pages.
Tonkin Design requires cookies for the following applications:
a) Enabling personalized user accounts
b) shopping cart
c) Remembering search terms
The user data collected by technically necessary cookies are not used to create user profiles.
Tonkin Design's legitimate interest in processing personal data in accordance with Art. 6 Paragraph 1 lit. f GDPR.

(13) Duration of Storage, Possibility of Objection and Removal
Cookies are stored on the user's computer and transmitted to our website from there. As a user, you therefore have full control over the use of cookies. By changing the settings in your internet browser, you can deactivate or restrict the transmission of cookies. Cookies that have already been saved can be deleted at any time. This can also be done automatically. If cookies are deactivated for our website, it is possible that not all functions of the website can be used in full.

E-MAIL CONTACT FOR INQUIRIES AND ORDERS

(14) Description and Scope of Data Processing
You can contact Tonkin Design via the email addresses given on the website. In this case, the user's personal data transmitted with the email will be saved. The following data is initially collected
a) the full name
b) the email address used for correspondence
In this context, the data will not be passed on to third parties. The data will only be used to process the conversation.
In the case of an order, there is still a charge
c) an invoice address and, if applicable, a different delivery address
A transfer of data to third parties in the case of an order takes place exclusively to service providers involved in the fulfillment of the order, i.e. the shipping service provider and the accounting service provider. The transmission is limited to the necessary minimum requirements and only takes place with the express consent of the customer.

(15) Legal Basis for Data Processing
The legal basis for processing the data is Art. 6 Para. 1 lit. a GDPR.
The legal basis for processing the data that is transmitted in the course of sending an e-mail is Article 6 Paragraph 1 lit. f GDPR. If the aim of the email contact is to conclude a contract, the additional legal basis for processing is Art. 6 Para. 1 lit. b and c GDPR.
If Tonkin Design commissions third parties to process data on the basis of a so-called "order processing contract", this is done on the basis of Art. 28 GDPR.

(16) Purpose of Data Processing
The processing of the personal data from the input mask is used by Tonkin Design to process the establishment of contact and, if applicable, an order resulting from it. If you contact us by e-mail, there is also the necessary legitimate interest in processing the data. In the case of an order, the data are used to fulfill the order, to invoice it and to enable shipping. In addition, the data serve to enable the processing of any liability claims that may exist and to be able to assert claims against the customer.
The other personal data processed during the sending process serve to ensure the security of the information technology systems used.

(17)  Duration of Storage
The data will be deleted as soon as they are no longer required to achieve the purpose for which they were collected. For the personal data from the input mask of the contact form and those that were sent by email, this is the case when the respective conversation with the user has ended. The conversation is over when it can be inferred from the circumstances that the matter in question has been finally clarified.
The additional personal data collected during the sending process will be deleted after a period of seven days at the latest.

(18) Opposition and Removal Option
The user has the option at any time to revoke their consent to the processing of personal data. If the user contacts Tonkin Design by email, they can object to the storage of their personal data at any time. In such a case, the conversation cannot be continued.
The objection can be expressed by email, phone call or in writing. The contact details are given in §1 (1)
In this case, all personal data stored in the course of contacting us will be deleted.
 

DATA SUBJECT RIGHTS

If your personal data is processed, you are the person concerned within the meaning of the GDPR and you have the following rights vis-à-vis the person responsible:

 

(19) Right to Information
You can request confirmation from the person responsible as to whether personal data relating to you will be processed by Tonkin Design.
If this is the case, you can request the following information from the person responsible:
a) the purposes for which the personal data are processed;
b) the categories of personal data that are processed;
c) the recipients or the categories of recipients to whom the personal data relating to you have been disclosed or are still being disclosed;
d) the planned duration of the storage of your personal data or, if specific information is not available, criteria for determining the duration of storage;
e) the existence of a right to correction or deletion of your personal data, a right to restrict processing by the person responsible or a right to object to this processing;
f) the right to lodge a complaint with a supervisory authority;
g) all available information about the origin of the data if the personal data are not collected from the data subject;
h) the existence of automated decision-making including profiling in accordance with Art. 22 Para. 1 and 4 GDPR and - at least in these cases - meaningful information about the logic involved and the scope and intended effects of such processing for the data subject.
You have the right to request information about whether your personal data is being transmitted to a third country or to an international organization. In this context, you can request to be informed about the appropriate guarantees in accordance with. Art. 46 GDPR to be informed in connection with the transfer.

(20) Right to Rectification
You have a right to correction and / or completion vis-à-vis the person responsible if the processed personal data concerning you is incorrect or incomplete. The person responsible must make the correction immediately.

(21) Right to Restriction of Processing
You can request the restriction of the processing of your personal data under the following conditions:
a) if you dispute the accuracy of the personal data concerning you for a period of time that enables the person responsible to check the accuracy of the personal data;
b) the processing is unlawful and you refuse to delete the personal data and instead request that the use of the personal data be restricted;
c) the person responsible no longer needs the personal data for the purposes of processing, but you need them to assert, exercise or defend legal claims, or
d) if you have lodged an objection to the processing in accordance with Art. 21 Paragraph 1 GDPR and it has not yet been determined whether the legitimate reasons of the person responsible outweigh your reasons.
If the processing of your personal data has been restricted, this data - apart from its storage - may only be used with your consent or for the establishment, exercise or defense of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest processed by the Union or a Member State.
Has the processing been restricted according to the o.g. Restricted requirements, you will be informed by the person responsible before the restriction is lifted.

(22) Right to Cancellation
a)  Obligation to delete
You can request the person responsible to delete the personal data concerning you immediately, and the person responsible is obliged to delete this data immediately if one of the following reasons applies:
a-1) The personal data relating to you are no longer necessary for the purposes for which they were collected or otherwise processed.
a-2) You revoke your consent on which the processing was based according to. Art. 6 para. 1 lit. a or Art. 9 Para. 2 lit. a GDPR, and there is no other legal basis for the processing.
a-3) According to 21 para. 1 GDPR objection to the processing and there are no overriding legitimate reasons for the processing, or you object acc. Art. 21 para. 2 GDPR objection to the processing.
a-4) The personal data concerning you have been processed unlawfully.
a-5) The deletion of your personal data is necessary to fulfill a legal obligation under Union law or the law of the member states to which the person responsible is subject.
a-6) The personal data relating to you were collected in relation to information society services offered in accordance with Art. 8 Para. 1 GDPR.
b) Information to third parties
If the person responsible has made the personal data concerning you public and is acc. According to Art. 17 Para. 1 GDPR, he shall take appropriate measures, including technical measures, taking into account the available technology and the implementation costs, to inform those responsible for data processing who process the personal data that you are the data subject Person have requested that you delete all links to this personal data or copies or replications of this personal data.
c) Exceptions
The right to deletion does not exist if processing is necessary
c-1) to exercise the right to freedom of expression and information;
c-2) to fulfill a legal obligation required by the law of the Union or of the member states to which the person responsible is subject, or to perform a task that is in the public interest or in the exercise of official authority that has been transferred to the person responsible ;
c-3) for reasons of public interest in the area of ​​public health in accordance with Art. 9 Para. 2 lit. h and i as well as Art. 9 Para. 3 GDPR;
c-4) for archiving purposes in the public interest, scientific or historical research purposes or for statistical purposes acc. Art. 89 para. 1 GDPR, insofar as the right mentioned under section a) is likely to make the realization of the objectives of this processing impossible or seriously impair it, or
c-5) for the establishment, exercise or defense of legal claims.

(23) Right to be Informed
If you have asserted the right to correction, deletion or restriction of processing against the person responsible, the person responsible is obliged to inform all recipients to whom the personal data concerning you have been disclosed of this correction or deletion of the data or restriction of processing, unless this turns out to be impossible or involves a disproportionate effort.
You have the right to be informed about these recipients by the person responsible.

(24) Right to Data Portability
You have the right to receive the personal data concerning you, which you have provided to the person responsible, in a structured, common and machine-readable format. You also have the right to transfer this data to another person in charge without hindrance from the person in charge to whom the personal data was provided, provided that
a) the processing on a consent acc. Art. 6 para. 1 lit. a GDPR or Art. 9 Para. 2 lit. a GDPR or on a contract according to. Art. 6 para. 1 lit. b GDPR is based and
b) the processing is carried out using automated procedures.
In exercising this right, you also have the right to have your personal data transmitted directly from one person responsible to another, insofar as this is technically feasible. This must not impair the freedoms and rights of other people.
The right to data portability does not apply to the processing of personal data that is necessary for the performance of a task that is in the public interest or takes place in the exercise of official authority that has been transferred to the person responsible.

(25) Right of Objection
You have the right, for reasons that arise from your particular situation, to object at any time to the processing of your personal data, which is based on Art. 6 Para. 1 lit. e or f DSGVO takes place to object; this also applies to profiling based on these provisions.
The person responsible will no longer process the personal data concerning you unless he can prove compelling legitimate reasons for the processing that outweigh your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims.
If the personal data concerning you are processed in order to operate direct mail, you have the right to object at any time to the processing of the personal data concerning you for the purpose of such advertising; this also applies to profiling insofar as it is connected to such direct advertising.
If you object to processing for direct marketing purposes, your personal data will no longer be processed for these purposes.
Regardless of Directive 2002/58/EC, you have the option, in connection with the use of information society services, to exercise your right of objection by means of automated processes that use technical specifications.

(26) Right to Revoke the Declaration of Consent Under Data Protection Law
You have the right to withdraw your declaration of consent under data protection law at any time. Revoking your consent does not affect the legality of the processing carried out on the basis of your consent up to the point of revocation.

(27) Right to Complain to a Supervisory Authority
Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the member state of your place of residence, your place of work or the place of the alleged infringement, if you are of the opinion that the processing of your personal data is against violates the GDPR.
The supervisory authority to which the complaint was submitted informs the complainant about the status and the results of the complaint, including the possibility of a judicial remedy according to Art. 78 GDPR.