Data protection

Name and contact details of the person responsible for processing

Responsible within the meaning of the EU General Data Protection Regulation (GDPR) is:
TMS Trademarketing Service GmbH, Hanauer Landstraße 161-173, 60314 Frankfurt am Main
(hereinafter referred to as “we”)
Phone: 069 405 625 0
E-Mail: info@tmsgmbh.de

General information about data processing

a) Scope of processing personal data

We only process the personal data of our users as far as this is necessary to provide a functional website and our content and services. The processing of personal data of our users takes place regularly only with the consent of the user. An exception applies in cases in which prior consent cannot be obtained for factual reasons and the processing of the data is permitted by law.

b) Legal basis for the processing of personal data

Insofar as we obtain the data subject’s consent for the processing of personal data, Art. 6 para. 1 lit. a EU General Data Protection Regulation (GDPR) as the legal basis.

When processing personal data, which is necessary for the performance of a contract to which the data subject is a party, Art. 6 Para. 1 lit. b GDPR as the legal basis. This also applies to processing operations that are necessary to carry out pre-contractual measures.

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 the legitimate interests of our company or a third party and if the interests, fundamental rights and freedoms of the data subject do not outweigh the former interest, Art. 6 Para. 1 lit. f GDPR as the legal basis for processing.

c) Deletion of data and duration of storage

We adhere to the principles of data avoidance and data economy. 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 law regulations, laws or other regulations 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 for the conclusion or performance of a contract.

Provision of the website and creation of log files

Description and scope of data processing

Each time our website is accessed, our system automatically collects data and information from the computer system of the accessing computer.

The following data is collected:

  • Information about the browser type and the version used
  •  The user’s operating system
  •  The IP address of the user, shortened by one octet
  •  Date and time of access
  •  Url of the website

The data is also stored in the log files of our system. This data is not stored together with other personal data of the user.

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

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. To do this, the user’s IP address must remain stored for the duration of the session.

Storage in log files is done to ensure the functionality of the website. In addition, we use the data to optimize the website and to ensure the security of our information technology systems. The data is not evaluated for marketing purposes in this context.

Our legitimate interest in data processing in accordance with Art. 6 Para. 1 lit. f GDPR.

Duration of storage

If the data is stored in log files, this is the case after fourteen days at the latest. 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 calling client.

Opposition and removal options

The collection of the data for the provision of the website and the storage of the data in log files is absolutely necessary for the operation of the website. There is consequently no possibility for the user to object.

 

Use of cookies

In order to make the visit on our website more user-friendly and to enable the use of certain functions, we use so-called cookies on various pages. These are small text files that are stored in the Internet browser or by the Internet browser on the user’s computer system. Some of the cookies we use are deleted after the end of the browser session, i.e. after you close your browser (so-called session cookies). Other cookies remain on your device and enable us or our partner companies (third-party cookies) to recognize your browser the next time you visit (persistent cookies). If cookies are set, they collect and process certain user information such as browser and location data as well as IP address values ​​to the individual extent. Persistent cookies are automatically deleted after a specified period, which may differ depending on the cookie.

If personal data is also processed by individual cookies implemented by us, the processing is carried out in accordance with Art. 6 Para. 1 lit. f GDPR to safeguard our legitimate interests in the best possible functionality of the website and a customer-friendly and effective design of the page visit.

We may work with advertising partners who help us to make our website more interesting for you. For this purpose, cookies from partner companies are also saved on your hard drive when you visit our website (third-party cookies). If we work with the aforementioned advertising partners, you will be informed individually and separately about the use of such cookies and the scope of the information collected within the following paragraphs.

Please note that you can set your browser so that you are informed about the setting of cookies and decide individually whether to accept them or to exclude the acceptance of cookies for certain cases or in general. Every browser differs in the way it manages the cookie settings. This is described in the help menu of each browser, which explains how you can change your cookie settings. If cookies are deactivated for our website, it may not be possible to use all functions of the website to their full extent.

Recipients of data and transfer of data to third countries

The recipients of data are employees within our company who need them to process the purposes mentioned below.

We can transfer your personal data to companies within our group of companies (TMS Personal GmbH, TMS Sales GmbH, system manufaktur GmbH, Vite! Concepts GmbH, Wings Projektvertriebs GmbH and TMS Dienstleistungs GmbH), insofar as this is permissible within the scope of the purposes and legal bases set out below .

We also process your application data via Softgarden e-recruiting GmbH, Tauentzienstrasse 14, 10789 Berlin, so that this company is also the recipient of your data on our behalf.

The data we collect will not be passed on to other third parties. Furthermore, we will not establish a link to personal data without your consent.

The data is not transferred to a third country.

E-mail contact, contact and application form; Purposes for which we process personal data; Legal basis and categories for processing

If you contact us by e-mail or contact form, the information you provide will only be processed for the purpose of processing your contact request and for possible follow-up questions.

As part of a balance of interests to safeguard the legitimate interests of the person responsible or a third party in accordance with Art. 6 Para. 1 lit. f GDPR, we process your data for the purpose of processing your request. A consent given to us can be revoked at any time with future effect.

The data will be deleted as soon as it is no longer required to achieve the purpose for which it was 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 ends when it can be inferred from the circumstances that the matter in question has been finally clarified.

The user has the possibility to revoke his consent to the processing of personal data at any time. If the user contacts us by email, they can object to the storage of their personal data at any time (see “Your rights under the GDPR” and the contact details of the person responsible). In such case, the conversation cannot continue. In this case, all personal data saved in the course of contacting us will be deleted.

If we process personal data about you for the purpose of your application for an employment, this will only take place insofar as this is necessary for the decision on the establishment of an employment. The legal basis is Section 26 (1) in conjunction with 8 sentence 2 BDSG.
Furthermore, we can process personal data about you, insofar as this is necessary to defend against legal claims asserted against us from the application process. The legal basis is Art. 6 Para. 1 lit. f GDPR, the legitimate interest is, for example, an obligation to provide evidence in a procedure under the General Equal Treatment Act (AGG).

Insofar as there is an employment relationship between you and us, we can further process the personal data you have already received for purposes of the employment in accordance with Section 26 Paragraph 1 BDSG if this is for the execution or termination of the employment or for the exercise or fulfillment of the a law or a collective agreement, a company or service agreement (collective agreement) and the rights and obligations of the employee representatives’ interests.

We process data related to your application. This can be general data about you (such as name, address and contact details), information about your professional qualification and school education or information about further vocational training or other information that you provide to us in connection with your application. We can also process job-related information that you have made publicly available, such as a profile on professional social media networks.

We store the personal data you have submitted for the purpose of the application as long as this is necessary to decide on your application. Insofar as an employment relationship between you and us does not materialize, we can also continue to store data insofar as this is necessary to defend against possible legal claims. The application documents will be deleted four months after the announcement of the rejection decision, unless longer storage is required due to legal disputes.

 

Use of Google Analytics

This website uses Google Analytics, a web analytics service provided by Google Ireland Limited, Gordon House, 4 Barrow St., Dublin, D04 E5W5, Ireland (hereinafter: “Google”). Google Analytics uses so-called “cookies”, which are text files that are stored on your computer and that enable an analysis of your use of the website. The information generated by the cookie about your use of this website (including the shortened IP address) is usually transferred to a Google server and stored there, which can also be transmitted to the servers of Google LLC. come in the US.

This website uses Google Analytics exclusively with the extension “_anonymizeIp ()”, which ensures anonymization of the IP address by shortening it and excludes a direct personal reference. The extension will shorten your IP address from Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transferred to a Google LLC server in the USA and shortened there. In these exceptional cases, this processing takes place in accordance with Art. 6 Para. 1 lit. f GDPR based on our legitimate interest in the statistical analysis of user behavior for optimization and marketing purposes.

On our behalf, Google will use this information to evaluate your use of the website, to compile reports on website activity and to provide us with other services related to website activity and internet usage. The IP address transmitted by your browser as part of Google Analytics will not be merged with other Google data.

You can prevent the storage of cookies by setting your browser software accordingly; however, we would like to point out that in this case you may not be able to use all functions of this website to their full extent. You can also prevent Google from collecting the data generated by the cookie and relating to your use of the website (including your IP address) and from processing this data by Google by downloading the browser plug-in available under the following link and install:
https://tools.google.com/dlpage/gaoptout?hl=en

As an alternative to the browser plug-in or within browsers on mobile devices, please click on the following link to set an opt-out cookie that will prevent Google Analytics from collecting data on this website in the future (this opt-out cookie only works in this browser and only for this domain, if you delete your cookies in this browser, you must click this link again): Deactivate Google Analytics.

In the event of the transfer of personal data to Google LLC. based in the United States, Google LLC. certified for the US-European data protection convention “Privacy Shield”, which guarantees compliance with the data protection level applicable in the EU. A current certificate can be viewed here: https://www.privacyshield.gov/list

Further information on Google (Universal) Analytics can be found here: https://support.google.com/analytics/answer/2838718?hl=en&ref_topic=6010376

 

Use of Google web fonts

In order to present our content correctly and graphically appealing across browsers, we use Google Webfonts (https://www.google.com/webfonts/) on this website by Google Ireland Limited, Gordon House, 4 Barrow St., Dublin, D04 E5W5 , Ireland, (hereinafter referred to as “Google”). Google web fonts are transferred to the cache of your browser to avoid multiple loading. If the browser does not support Google Webfonts or prevents access, content is displayed in a standard font.

For this purpose, the browser you are using must establish a connection to the Google servers; this can also involve the transmission of personal data to the servers of Google LLC. come in the US. This gives Google knowledge that our website has been accessed via your IP address. Google Web Fonts are used in the interest of a uniform and appealing presentation of our online offers.

This represents a legitimate interest within the meaning of Art. 6 Para. 1 lit. f GDPR. If your browser does not support web fonts, a standard font will be used by your computer.

In the event of the transfer of personal data to Google LLC. based in the United States, Google LLC. certified for the us-European data protection convention “Privacy Shield”, which guarantees compliance with the data protection level applicable in the EU. A current certificate can be viewed here: https://www.privacyshield.gov/list

You can find more information about Google Web Fonts at https://developers.google.com/fonts/faq and in Google’s privacy policy: https://www.google.com/policies/privacy/

 

Use of Google Maps

This website uses Google Maps API from Google Ireland Limited, Gordon House, 4 Barrow St., Dublin, D04 E5W5, Ireland to display geographical information visually. When using Google Maps, Google also collects, processes and uses data about the use of map functions by visitors. By using this service, you will be shown our location and any travel will be easier.

As soon as you call up those sub-pages in which the Google Maps map is integrated, information about your use of our website (such as your IP address) is transmitted to Google servers and stored there, which can also be transmitted to the servers Google LLC. come in the US. This takes place regardless of whether Google provides a user account that you are logged in to or whether there is no user account. If you are logged in to Google, your data will be assigned directly to your account. If you do not want your profile to be assigned to Google, you must log out before activating the button. Google stores your data (even for users who are not logged in) as usage profiles and evaluates them. The collection, storage and evaluation are carried out in accordance with Art. 6 Para. 1 lit.f GDPR on the basis of Google’s legitimate interests in displaying personalized advertising, market research and / or the needs-based design of Google websites. You have the right to object to the creation of these user profiles, but you must contact Google to exercise them.

In the event of the transfer of personal data to Google LLC. based in the United States, Google LLC. certified for the us-European data protection convention “Privacy Shield”, which guarantees compliance with the data protection level applicable in the EU. A current certificate can be viewed here: https://www.privacyshield.gov/list

If you do not agree to the future transmission of your data to Google when using Google Maps, there is also the option of completely deactivating the Google Maps web service by switching off the JavaScript application in your browser. Google Maps and thus the map display on this website can then not be used.

You can view Google’s terms of use at https://policies.google.com/terms?hl=en, the additional terms of use for Google Maps can be found at https://www.google.com/intl/en_US/help/terms_maps/

Detailed information on data protection in connection with the use of Google Maps can be found on the Google website (“Google Privacy Policy”): https://policies.google.com/privacy?hl=en

 

Embedded YouTube videos

We embed YouTube videos on some of our websites. The corresponding plugins are operated by YouTube, LLC, 901 Cherry Ave., San Bruno, CA 94066, USA. When you visit a page with the YouTube plugin, a connection to YouTube servers is established. YouTube is informed which pages you visit. If you are logged into your YouTube account, YouTube can assign your surfing behavior to you personally. You can prevent this by logging out of your YouTube account beforehand.

If a YouTube video is started, the provider uses cookies that collect information about user behavior.

If you have deactivated the storage of cookies for the Google ad program, you will not have to expect such cookies when watching YouTube videos. However, YouTube also stores non-personal usage information in other cookies. If you want to prevent this, you must block the storage of cookies in the browser.

Further information on data protection at “YouTube” can be found in the provider’s data protection declaration at: https://policies.google.com/privacy?hl=en

YouTube is used in the interest of an attractive presentation of our online offer. The legal basis for the processing of users’ personal data is Art. 6 Para. 1 lit. f GDPR.

 

News service via Whatsapp and Insta

You can also order news and information about the content and topics of our website via the messaging services “WhatsApp” or “Insta” on our website. We provide this service to you via WhatsBroadcast GmbH, Schwanthaler Strasse 32, 80336 Munich (hereinafter referred to as “WhatsBroadcast”), which we have commissioned with the technical implementation of the sending of messages.

The messages are sent via a WhatsApp or Insta account created in our name. If you register for sending messages via WhatsApp and / or Insta via our website in accordance with the instructions described there, WhatsBroadcast will receive the username stored with WhatsApp and / or Insta, your telephone number (only when registering via WhatsApp), and details about yours User device, the profile data accessible for contacts or channels, all messages sent to the service, as well as information about which messages you have read and clicked on. You have the option to cancel WhatsBroadcast messages via WhatsApp at any time by sending the “STOP” message to the WhatsApp account through which you previously ordered the messaging service. You can also request the deletion of the above data from WhatsBroadcast at any time by sending the message “DELETE ALL DATA” to the corresponding WhatsApp account. To stop receiving messages via Insta, please deactivate the TMS Jobs Channel in the Insta app.

Information on the use and operation of the news services implemented by WhatsBroadcast can also be found when ordering the desired news. You can also find detailed information on the use of personal data by WhatsBroadcast in the data protection information of Whatsbroadcast at https://www.messengerpeople.com.

The legal basis for the processing of the data after registration for the news services by the user is Art. 6 para. 1 lit. a GDPR.

The collection of the user’s email address is used to send news and information.

 

Your rights under the GDPR

  • for information according to Art. 15 GDPR,
  • for correction according to Art. 16 GDPR,
  • for deletion according to Art. 17 GDPR,
  • to restriction of processing according to Art. 18 GDPR and
  • on data portability according to Art. 20 GDPR.

The restrictions of §§ 34 and 35 BDSG apply to the rights to information and deletion. In addition, you have the right to lodge a complaint with a data protection supervisory authority in accordance with Art. 77 GDPR. § 19 BDSG.

As far as the processing of your personal data is based on Art. 6 Para. 1 Letter f GDPR, you have the right to object to the processing of this data at any time in accordance with Art. 21 GDPR for reasons that arise from your particular situation. We will then no longer process this personal data unless we can demonstrate compelling legitimate grounds for the processing that outweigh your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims. The objection can be made to the person responsible at any time without any form.

You can revoke your consent to the processing of personal data at any time with effect for the future.

No automated decision making

There is no automated decision in individual cases within the meaning of Art. 22 GDPR.

SSL encryption

In order to protect the security of your data during transmission, we use state-of-the-art encryption methods (e.g. SSL) via HTTPS.

Changes to our privacy policy

We reserve the right to occasionally adjust this data protection declaration so that it always complies with the current legal requirements or to implement changes to our services in the data protection declaration, e.g. B. when introducing new services. The new data protection declaration then applies to your next visit.

Data protection officer

For all questions related to the processing of your personal data and the exercise of your rights under the GDPR, please send us an email or contact our data protection officer directly:

Mr. Attorney Stefan Hohl, Brunnenstraße 23, 63477 Maintal, info@h-kanzlei.de, Tel. 06181.4240940.