Thumbs Up GmbH
represented by the managing director Olaf Burchardt
Rudolf-Diesel Street 14
Germany Phone: 0228/555236-0
registered in the commercial register of the local court Siegburg
Commercial register number HRB 11309
Sales tax ID: DE 815 249 481
WEEE-Reg-No.: DE 954 782 67
Legal information about the website
All texts, images and other information published here are subject to the copyright of the provider, unless copyrights of third parties exist. In any case, copying, distribution or public reproduction is permitted only in the case of a revocable and non-transferable consent of the provider. The provider accepts no responsibility for any web content linked to this website, as this is not the provider's own content. The linked pages have been checked for illegal content; at the time of linking, no such content was identifiable. The operator of the linked pages is responsible for their content. The provider has no general obligation to monitor or check this. However, if an infringement becomes known, the corresponding link will be removed immediately.
General terms and conditions and customer information
I. General Terms and Conditions
§ 1 Basic provisions
(1) The following terms and conditions apply to all contracts that you conclude with us as a provider (Thumbs Up GmbH) in direct communication or via the Internet site www.thumbsup.de. Unless otherwise agreed, the inclusion of any terms and conditions of your own used by you is contradicted.
(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her independent professional or commercial activity.
§ 2 Conclusion of the contract
(1) The subject of the contract is the sale of goods.
(2) Already with the placement of the respective product on our website, we submit a binding offer to conclude a purchase contract under the conditions stated in the item description.
(3) The purchase contract is concluded by your verbal or written order or via the online shopping cart system as follows: The goods intended for purchase are placed in the "shopping cart". You can call up the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time. After calling up the "Checkout" page and entering the personal data as well as the payment and shipping conditions, all order data are finally displayed again on the order overview page. If you use an instant payment system (e.g. PayPal / PayPal Express / PayPal Plus, Amazon-Payments, Postpay, Sofortüberweisung) as a payment method, you will either be taken to the order overview page in our online shop or you will first be redirected to the website of the instant payment system provider. If you are redirected to the respective instant payment system, make the appropriate selection or enter your data there. Finally, you will be redirected back to our online shop to the order overview page. Before sending the order you have the possibility to check all details again, to change them (also via the function "back" of the internet browser) or to cancel the purchase. By sending the order via the button "order with obligation to pay" you declare the legally binding acceptance of the offer, whereby the purchase contract is concluded.
(4) Your requests for the preparation of an offer are non-binding for you. We will submit a binding offer to you in text form (e.g. by e-mail), which you must accept within 5 days.
(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract is carried out by e-mail, partly automatically. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.
§ 3 Right of retention, reservation of title
(1) You may only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price.
(3) If you are an entrepreneur, the following shall apply in addition: a) We reserve title to the goods until all claims from the current business relationship have been settled in full. Prior to the transfer of ownership of the goods subject to retention of title, a pledge or transfer of ownership by way of security is not permitted. b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount accruing to you from the resale; we accept the assignment. You are further authorised to collect the claim. However, insofar as you do not properly meet your payment obligations, we reserve the right to collect the claim ourselves. c) If the reserved goods are combined and mixed, we shall acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing. d) We undertake to release the securities to which we are entitled at your request to the extent that the realisable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is incumbent upon us.
§ 4 Warranty
(1) The statutory rights of liability for defects shall apply.
(2) Insofar as you are an entrepreneur, the following shall apply in deviation from para.1:
a) Only our own specifications and the manufacturer's product description shall be deemed agreed as the quality of the goods, but not other advertising, public promotions and statements by the manufacturer.
b) You are obliged to inspect the goods immediately and with due care for deviations in quality and quantity and to notify us in writing of any obvious defects within 7 days of receipt of the goods. This shall also apply to hidden defects discovered at a later date. The assertion of warranty claims is excluded in the event of a breach of the obligation to inspect and give notice of defects.
c) In the event of defects, we shall, at our discretion, provide warranty by rectification of the defect or replacement delivery. If the rectification of defects fails, you may, at your discretion, demand a reduction in price or withdraw from the contract. The rectification of defects shall be deemed to have failed after a second unsuccessful attempt, unless the nature of the item or the defect or other circumstances indicate otherwise. In the event of rectification of defects, we shall not be obliged to bear the increased costs arising from the transfer of the goods to a place other than the place of performance, provided that the transfer does not correspond to the intended use of the goods.
d) The warranty period is one year from delivery of the goods. The shortened warranty period shall not apply to culpably caused damage attributable to us arising from injury to life, limb or health and damage caused by gross negligence or wilful misconduct or fraudulent intent, as well as in the case of claims under a right of recourse pursuant to §§ 478, 479 BGB.
§ 5 Liability
(1) We shall be liable in each case without limitation for damages arising from injury to life, limb or health. Furthermore, we shall be liable without limitation in all cases of intent and gross negligence, in the event of fraudulent concealment of a defect, in the event of the assumption of a guarantee for the quality of the object of purchase and in all other cases regulated by law.
(2) Liability for defects within the scope of the statutory warranty shall be governed by the corresponding provision in our Customer Information (Part II) and General Terms and Conditions (Part I) .
(3) Insofar as essential contractual obligations are affected, our liability in the event of slight negligence shall be limited to the foreseeable damage typical for the contract. Material contractual obligations are material obligations which arise from the nature of the contract and the breach of which would jeopardise the achievement of the purpose of the contract, as well as obligations which the contract imposes on us according to its content in order to achieve the purpose of the contract, the fulfilment of which makes the proper performance of the contract possible in the first place and compliance with which you may regularly rely on.
(4) In the event of a breach of immaterial contractual obligations, liability is excluded in the case of slightly negligent breaches of duty.
(5) Data communication via the Internet cannot be guaranteed to be error-free and/or available at all times according to the current state of the art. In this respect, we are not liable for the constant or uninterrupted availability of the website and the service offered there.
§ 6 Choice of law, place of performance, place of jurisdiction
(1) German law shall apply. In the case of consumers, this choice of law shall only apply to the extent that the
the protection afforded by mandatory provisions of the law of the country of the consumer's habitual residence is not withdrawn (favourability principle).
(2) The place of performance for all services arising from the business relations with us as well as the place of jurisdiction is our registered office, insofar as you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same shall apply if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual abode is unknown at the time the action is brought. This shall not affect the right to bring an action before the court at another statutory place of jurisdiction. (3) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.
II. customer information
1.identity of the seller -Thumbs Up GmbH Rudolf-Diesel Straße 14 53859 Niederkassel Germany Phone: 0228555236-0 E-mail: firstname.lastname@example.org-
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), available at http://ec.europa.eu/odr.
2 Information on the conclusion of the contract The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction options are carried out in accordance with § 2 of our General Terms and Conditions (Part I.).
3. contract language, contract text storage
3.1 The contractual language is German.
3.2 The complete contract text is not stored by us. Before sending the order via the online shopping cart system, the contract data can be printed out or electronically saved using the print function of the browser. After receipt of the order by us, the order data, the legally required information for distance contracts and the General Terms and Conditions will be sent to you again by e-mail.
3.3 In the case of quotation requests outside the online shopping cart system, you will receive all contract data as part of a binding offer sent by e-mail, which you can print out or save electronically.
4. essential characteristics of the goods or services.
The essential characteristics of the goods and/or services can be found in the item description and the supplementary information on our website.
5. prices and payment modalities
5.1 The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
5.2 The shipping costs incurred are not included in the purchase price. They can be called up via a correspondingly designated button on our website or in the respective item description, are shown separately in the course of the ordering process and are to be borne additionally by you, unless free shipping has been promised.
5.3 The payment methods available to you are shown under a correspondingly designated button on our website or in the respective item description.
5.4 Unless otherwise stated in the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
6. delivery conditions
6.1 The terms and conditions of delivery, the delivery date as well as any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective item description.
6.2 Insofar as you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you upon handover of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or a person otherwise designated to carry out the shipment. If you are an entrepreneur, the delivery and shipment shall be at your risk.
7. statutory liability for defects
7.1 Liability for defects in our goods shall be governed by the "Warranty" provision in our General Terms and Conditions (Part I).
7.2 As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you do not comply with this, this has no effect on your statutory warranty claims.
Data Protection Regulation
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 only applies insofar as no other indication is made in the following processing operations.
"Personal data" means any information relating to an identified or identifiable natural person.
Server log files
You can visit our website without providing any personal information. Every time you access our website, usage data is transmitted by your internet browser and stored in log data (server log files). This stored data includes, for example, the name of the page accessed, the date and time of access, the volume of data transferred and the requesting provider. This data is used exclusively to ensure the trouble-free operation of our website and to improve our services. An assignment of this data to a specific person is not possible.
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. By sending your message, you consent to the processing of the transmitted data. The processing is based on Art. 6 (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. We will only use your e-mail address to process your request. Your data will then be deleted unless you have consented to further processing and use.
When opening 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 the order processing. The processing is based on Art. 6 (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 revocation. Your customer account will then be deleted.
Collection, processing and use of personal data for orders
When ordering, we collect and use 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. A non-provision has the consequence that no contract can be concluded. The processing is based on Art. 6 (1) lit. b DSGVO and is necessary for the fulfilment of a contract with you. Your data will not be passed on to third parties without your express consent. The only exceptions to this are our service partners whom we need to process the contractual relationship or service providers whom we use in the context of order processing. In addition to the recipients named in the respective clauses of this data protection declaration, these are, for example, recipients of the following categories: Shipping service providers, payment service providers, merchandise management service providers, service providers for order processing, web hosts, IT service providers and dropshipping merchants. In all cases, we strictly observe the legal requirements. The scope of the data transfer is limited to a minimum.
Buyer seal rating system
We use the Käufersiegel rating system of Händlerbund Management AG (Torgauer Straße 233 B, 04347 Leipzig) on our website. After your order, we would like to ask you to rate and comment on your purchase with us. For this purpose, you will be contacted by us as part of the contract processing, whereby we use the technical system of the provider of the buyer seal rating tool as part of an order processing. The processing is based on Art. 6 (1) lit. f DSGVO from the legitimate interest in truthful, verified assessments of our services. You have the right to object at any time to this processing of your personal data based on Art. 6 (1) lit. f DSGVO for reasons arising from your particular situation by notifying us. Your e-mail address will only be used for this purpose and in particular not for further advertising and will not be passed on to other third parties. The personal data stored in this context in the technical system of the buyer seal rating tool will be deleted 3 months after the delivery of goods recorded for rating.
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 newsletter dispatch, provided that you have expressly consented to this. The processing is based on Art. 6 (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.
Forwarding of the e-mail address to shipping companies for information about the shipping status
We pass on your e-mail address to the transport company as part of the contract processing, provided you have expressly agreed to this in the order process. The purpose of the transfer is to inform you by e-mail about the shipping status. The processing is based on Art. 6 (1) lit. a DSGVO with your consent. You can revoke your consent at any time by notifying us or the transport company without affecting the lawfulness of the processing carried out on the basis of the consent until the revocation.
Use of PayPal
The processing is carried out on the basis of § 15 (3) TMG as well as Art. 6 (1) lit. f DSGVO from the legitimate interest in the above-mentioned purposes.
The data collected from you in this way is pseudonymised by technical precautions. An assignment of the data to your person is therefore no longer possible. The data is not stored together with other personal data from you.
You have the right to object at any time, on grounds relating to your particular situation, to this processing of personal data relating to you based on Art. 6 (1) f DSGVO.
You can find out how to manage (including disabling) cookies in the main browsers by following the links below:
Chrome Browser: https://support.google.com/accounts/answer/61416?hl=de (https://support.google.com/accounts/answer/61416?hl=de)
Internet Explorer: https://support.microsoft.com/de-de/help/17442/windows-internet-explorer-delete-manage-cookies (https://support.microsoft.com/de-de/help/17442/windows-internet-explorer-delete-manage-cookies)
Mozilla Firefox: https://support.mozilla.org/de/kb/cookies-erlauben-und-ablehnen (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 (https://support.apple.com/de-de/guide/safari/manage-cookies-and-website-data-sfri11471/mac)
Use of Google Analytics
On our website, we use the web analytics service Google Analytics of Google Inc. (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; "Google"). The data processing serves the purpose of analyzing this website and its visitors. 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. The IP address transmitted by your browser as part of Google Analytics will not be merged with other Google data.
After the contract has been fully processed, the data will initially be stored for the duration of the warranty period, then in accordance with 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
If the legal requirements are met, you have the following rights in accordance with Articles 15 to 20 DSGVO: the right to information, to correction, to deletion, to restriction of processing, to data portability.
In addition, according to Art. 21 (1) DSGVO, you have the right to object to processing based on Art. 6 (1) f DSGVO and to processing for the purpose of direct marketing.
Contact us if you wish. You will find the contact details in our imprint.
Right of appeal to the supervisory authority
In accordance with Art. 77 DSGVO, you have the right to lodge a complaint with the supervisory authority if you consider that the processing of your personal data is not lawful.
Google Web Fonts
This site uses so-called web fonts provided by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA ("Google") for the uniform display of fonts. When you call up a page, your browser loads the required web fonts into its browser cache in order to display texts and fonts correctly.
For this purpose, the browser you use must connect to Google's servers. This enables Google to know that our website has been accessed via your IP address. The use of Google Web Fonts is 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 DSGVO. If your browser does not support web fonts, a standard font will be used by your computer.
Google LLC, based in the USA, is certified for the us-European data protection agreement "Privacy Shield", which guarantees compliance with the level of data protection applicable in the EU.
last update: 04/25/2018
We are very pleased about your interest in our company. Data protection is of a particularly high priority for the management of the Thumbs Up GmbH. The use of the Internet pages of the Thumbs Up GmbH is possible without any indication of personal data. However, if a data subject wants to use special services of our enterprise via our website, processing of personal data could become necessary. If processing of personal data is necessary and there is no legal basis for such processing, we will generally obtain the consent of the data subject.
The processing of personal data, such as the name, address, e-mail address, or telephone number of a data subject shall always be in line with the country-specific data protection regulations applicable to the Thumbs Up GmbH. By means of this data protection declaration, our enterprise would like to inform the public about the type, scope and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed of their rights by means of this data protection declaration.
As the controller, the Thumbs Up GmbH has implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed through this website. However, Internet-based data transmissions can always be vulnerable to security risks, so that absolute protection cannot be guaranteed. For this reason, every data subject is free to transmit personal data to us by alternative means, for example by telephone.
The data protection declaration of the Thumbs Up GmbH is based on the terms used by the European Directive and Ordinance when issuing the Data Protection Regulation (DS-GVO). Our data protection declaration should be easy to read and understand for the public as well as for our customers and business partners. To ensure this, we would like to explain the terms used in advance.
(a) personal data
Personal data means any information relating to an identified or identifiable natural person (hereinafter "data subject"). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
(b) the person concerned
Data subject means any identified or identifiable natural person whose personal data are processed by the controller.
Processing is any operation or set of operations which is performed upon personal data, whether or not by automatic means, such as collection, recording, organisation, filing, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
(d) restriction of processing
Restriction of processing is the marking of stored personal data with the aim of limiting their future processing.
Profiling is any form of automated processing of personal data which consists in using such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects relating to that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or change of location.
Pseudonymisation is the processing of personal data in such a way that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures which ensure that the personal data are not attributed to an identified or identifiable natural person.
(g) controller or person responsible for processing
The controller or person responsible for processing is the natural or legal person, public authority, agency or other body which alone or jointly with others determines the purposes and means of the processing of personal data. Where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its designation may be provided for under Union or Member State law.
Processor means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
A recipient is a natural or legal person, public authority, agency or other body to whom personal data are disclosed, whether or not a third party. However, public authorities that may receive personal data in the context of a specific investigation task under Union or Member State law shall not be considered as recipients.
Third party means any natural or legal person, public authority, agency or other body other than the data subject, the controller, the processor and the persons who, under the direct authority of the controller or the processor, are authorised to process the personal data.
Consent shall mean any freely given specific and informed indication of the wishes of the data subject, in the form of a declaration or other unambiguous affirmative act, by which the data subject signifies his agreement to the processing of personal data relating to him.
2. name and address of the controller
The responsible party within the meaning of the General Data Protection Regulation, other data protection laws applicable in the Member States of the European Union and other provisions of a data protection nature is:
Thumbs Up GmbH
3. collection of general data and information
The website of the Thumbs Up GmbH collects a series of general data and information whenever a data subject or automated system calls up the website. This general data and information is stored in the log files of the server. The following data may be collected: (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system accesses our website (so-called referrer), (4) the sub-websites that are accessed via an accessing system on our website, (5) the date and time of access to the website, (6) an Internet protocol address (IP address), (7) the Internet service provider of the accessing system and (8) other similar data and information that serve to avert danger in the event of attacks on our information technology systems.
When using these general data and information, the Thumbs Up GmbH does not draw any conclusions about the data subject. Rather, this information is needed (1) to deliver the contents of our website correctly, (2) to optimize the contents of our website and the advertising for these, (3) to ensure the long-term functionality of our information technology systems and the technology of our website, and (4) to provide law enforcement authorities with the information necessary for prosecution in the event of a cyber attack. Therefore, the Thumbs Up GmbH analyzes anonymously collected data and information on one hand, and on the other hand, with the aim of increasing the data protection and data security of our enterprise, to ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from any personal data submitted by a data subject.
4. routine deletion and blocking of personal data
The controller shall process and store personal data of the data subject only for the period necessary to achieve the purpose of storage or where provided for by the European Directive and Regulation or other legislator in laws or regulations to which the controller is subject.
If the purpose of storage no longer applies or if a storage period prescribed by the European Directive and Ordinance or another competent legislator expires, the personal data will be routinely blocked or deleted in accordance with the statutory provisions.
5. rights of the data subject
a) Right to confirmation
Every data subject has the right, granted by the European Directive and the Regulation, to obtain confirmation from the controller as to whether personal data concerning him or her are being processed. If a data subject wishes to exercise this right, he or she may, at any time, contact any employee of the controller.
b) Right of access
Any person concerned by the processing of personal data has the right, granted by the European Directive and Regulation, to obtain at any time from the controller, free of charge, information about the personal data concerning him or her that have been stored and a copy of that information. Furthermore, the European Directive and Regulation has granted the data subject access to the following information:
- the processing purposes
- the categories of personal data processed
- the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular in the case of recipients in third countries or international organisations
- if possible, the planned duration for which the personal data will be stored or, if this is not possible, the criteria for determining this duration
- the existence of the right to obtain the rectification or erasure of personal data concerning him or her, or the restriction of processing by the controller, or the right to object to such processing
- the existence of a right of appeal to a supervisory authority
- if the personal data are not collected from the data subject: All available information on the origin of the data
- the existence of automated decision-making, including profiling, pursuant to Article 22(1) and (4) of the 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
The data subject shall also have the right to obtain information as to whether personal data have been transferred to a third country or to an international organisation. If this is the case, the data subject shall also have the right to obtain information on the appropriate safeguards in relation to the transfer.
If a data subject wishes to exercise this right of access, he or she may, at any time, contact any employee of the controller.
c) Right of rectification
Any person concerned by the processing of personal data has the right, granted by the European Directive and Regulation, to obtain the rectification without delay of inaccurate personal data concerning him or her. The data subject shall also have the right to obtain, taking into account the purposes of the processing, the completion of any incomplete personal data, including by means of a supplementary declaration.
If a data subject wishes to exercise this right to rectify, he or she may, at any time, contact any employee of the controller.
d) Right to erasure (right to be forgotten)
Any person concerned by the processing of personal data has the right, granted by the European Directive and the Regulation, to obtain from the controller the erasure without delay of personal data concerning him or her, where one of the following reasons applies and insofar as the processing is not necessary:
- The personal data were collected or otherwise processed for purposes for which they are no longer necessary.
- The data subject revokes the consent on which the processing was based pursuant to Article 6(1)(a) of the GDPR or Article 9(2)(a) of the GDPR and there is no other legal basis for the processing.
- The data subject objects to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) of the GDPR.
- The personal data have been processed unlawfully.
- The deletion of the personal data is necessary for compliance with a legal obligation under Union or Member State law to which the controller is subject.
- The personal data was collected in relation to information society services offered pursuant to Article 8(1) DS-GVO.
If one of the aforementioned reasons applies, and a data subject wishes to arrange for the deletion of personal data stored by the Thumbs Up GmbH, he or she may, at any time, contact any employee of the controller. The employee of the Thumbs Up GmbH will arrange for the erasure request to be complied with immediately.
If the personal data has been made public by the Thumbs Up GmbH, and our company as the controller is obliged to erase the personal data pursuant to Article 17 (1) of the Data Protection Regulation, the Thumbs Up GmbH shall take reasonable measures, including technical measures, with regard to available technology and implementation costs, to inform other data controllers which are processing the published personal data, that the data subject has requested from those other data controllers to erase all links to or copies or replications of the personal data, unless the processing is necessary. The employee of the Thumbs Up GmbH will arrange the necessary in individual cases.
(e) the right to restrict processing
Any person concerned by the processing of personal data has the right, granted by the European Directive and Regulation, to obtain from the controller the restriction of processing where one of the following conditions is met:
- The accuracy of the personal data is contested by the data subject for a period enabling the controller to verify the accuracy of the personal data.
- The processing is unlawful, the data subject objects to the erasure of the personal data and requests instead the restriction of the use of the personal data.
- The controller no longer needs the personal data for the purposes of processing, but the data subject needs it for the establishment, exercise or defence of legal claims.
- The data subject has objected to the processing pursuant to Article 21(1) of the GDPR and it is not yet clear whether the legitimate grounds of the controller override those of the data subject.
If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of personal data stored by the Thumbs Up GmbH, he or she may, at any time, contact any employee of the controller. The employee of the Thumbs Up GmbH will arrange the restriction of the processing.
(f) the right to data portability
Any person concerned by the processing of personal data has the right, granted by the European Directive and Regulation, to receive the personal data concerning him or her, which have been provided by the data subject to a controller, in a structured, commonly used and machine-readable format. He or she also has the right to transmit this data to another controller without hindrance from the controller to whom the personal data have been provided, provided that the processing is based on consent pursuant to Article 6(1)(a) of the GDPR or Article 9(2)(a) of the GDPR or on a contract pursuant to Article 6(1)(b) of the GDPR and the processing is carried out by automated means, unless the processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
Furthermore, when exercising his or her right to data portability pursuant to Article 20(1) of the GDPR, the data subject shall have the right to obtain that the personal data be transferred directly from one controller to another controller, where technically feasible and provided that this does not adversely affect the rights and freedoms of other individuals.
In order to assert the right to data portability, the data subject may at any time contact any employee of the Thumbs Up GmbH.
(g) Right to object
Any person affected by the processing of personal data has the right granted by the European Directive and Regulation to object at any time, on grounds relating to his or her particular situation, to the processing of personal data concerning him or her which is carried out on the basis of Article 6(1)(e) or (f) of the GDPR. This also applies to profiling based on these provisions.
The Thumbs Up GmbH shall no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the assertion, exercise or defence of legal claims.
If the Thumbs Up GmbH processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data processed for such marketing. This also applies to the profiling, insofar as it is related to such direct marketing. If the data subject objects to the Thumbs Up GmbH to the processing for direct marketing purposes, the Thumbs Up GmbH will no longer process the personal data for these purposes.
In addition, the data subject has the right, on grounds relating to his or her particular situation, to object to processing of personal data concerning him or her which is carried out by the Thumbs Up GmbH for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the Data Protection Regulation (DS-GVO), unless such processing is necessary for the performance of a task carried out in the public interest.
In order to exercise the right to object, the data subject may directly contact any employee of the Thumbs Up GmbH or another employee. The data subject is also free to exercise his/her right to object by means of automated procedures using technical specifications in connection with the use of information society services, notwithstanding Directive 2002/58/EC.
(h) automated decisions in individual cases, including profiling
Any person concerned by the processing of personal data has the right, granted by the European Directive and the Regulation, not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her, unless the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and the controller, or (2) is permitted by Union or Member State law to which the controller is subject and that law contains suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, or (3) is based on the data subject's explicit consent.
If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and the responsible person, or (2) it is made with the explicit consent of the data subject, the Thumbs Up GmbH shall implement suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, which include at least the right to obtain the intervention of a data subject on the part of the responsible person, to express his or her point of view and to contest the decision.
If the data subject wishes to exercise the rights concerning automated decisions, he or she may, at any time, contact any employee of the controller.
i) Right to revoke a data protection consent
Any person affected by the processing of personal data has the right granted by the European Directive and Regulation to withdraw consent to the processing of personal data at any time.
If the data subject wishes to exercise the right to withdraw the consent, he or she may, at any time, contact any employee of the controller.
The controller has integrated components of PayPal on this website. PayPal is an online payment service provider. Payments are processed via so-called PayPal accounts, which represent virtual private or business accounts. In addition, PayPal offers the possibility of processing virtual payments via credit cards if a user does not maintain a PayPal account. A PayPal account is managed via an email address, which is why there is no classic account number. PayPal makes it possible to initiate online payments to third parties or to receive payments. PayPal also assumes trustee functions and offers buyer protection services.
The European operating company of PayPal is PayPal (Europe) S.à.r.l. et Cie, S.C.A., 22-24 Boulevard Royal L-2449, Luxembourg.
If the data subject selects "PayPal" as a payment option during the ordering process in our online shop, data of the data subject will be automatically transmitted to PayPal. By selecting this payment option, the data subject consents to the transmission of personal data required for payment processing.
The personal data transmitted to PayPal are usually first name, last name, address, email address, IP address, telephone number, mobile phone number or other data that are necessary for payment processing. Also necessary for the processing of the purchase contract are such personal data that are related to the respective order.
The purpose of the transfer of data is payment processing and fraud prevention. The controller will transfer personal data to PayPal in particular if there is a legitimate interest for the transfer. The personal data exchanged between PayPal and the controller may be transferred by PayPal to credit reference agencies. The purpose of this transmission is to check identity and creditworthiness.
PayPal may disclose personal data to affiliated companies and service providers or subcontractors to the extent necessary to fulfil contractual obligations or to process the data on our behalf.
The data subject has the possibility to revoke the consent to the handling of personal data at any time vis-à-vis PayPal. A revocation does not affect personal data that must be processed, used or transmitted for (contractual) payment processing.
7. legal basis of the processing
Article 6 I lit. a DS-GVO serves as the legal basis for our company for processing operations in which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is a party, as is the case, for example, with processing operations that are necessary for the delivery of goods or the provision of another service or consideration, the processing is based on Article 6 I lit. b of the GDPR. The same applies to such processing operations that are necessary for the implementation of pre-contractual measures, for example in cases of inquiries about our products or services. If our company is subject to a legal obligation by which a processing of personal data becomes necessary, such as for the fulfillment of tax obligations, the processing is based on Art. 6 I lit. c DS-GVO. In rare cases, the processing of personal data might become necessary in order to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor were to be injured on our premises and as a result his or her name, age, health insurance details or other vital information had to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6 I lit. d DS-GVO. Finally, processing operations could be based on Article 6 I lit. f DS-GVO. Processing operations which are not covered by any of the aforementioned legal bases are based on this legal basis if the processing is necessary to protect a legitimate interest of our company or a third party, provided that the interests, fundamental rights and freedoms of the data subject are not overridden. Such processing operations are permitted to us in particular because they were specifically mentioned by the European legislator. In this respect, it took the view that a legitimate interest could be assumed if the data subject is a customer of the controller (recital 47 sentence 2 DS-GVO).
8. legitimate interests in the processing pursued by the controller or a third party
If the processing of personal data is based on Article 6 I lit. f DS-GVO, our legitimate interest is the performance of our business activities for the benefit of the well-being of all our employees and our shareholders.
9. the period for which the personal data are stored
The criterion for the duration of the storage of personal data is the respective statutory retention period. After expiry of the period, the corresponding data is routinely deleted, provided that it is no longer required for the fulfilment of the contract or the initiation of the contract.
10. legal or contractual requirements to provide the personal data; necessity for the conclusion of the contract; obligation of the data subject to provide the personal data; possible consequences of not providing the personal data
We would like to inform you that the provision of personal data is partly required by law (e.g. tax regulations) or may also result from contractual regulations (e.g. information on the contractual partner). Sometimes, in order to conclude a contract, it may be necessary for a data subject to provide us with personal data that must subsequently be processed by us. For example, the data subject is obliged to provide us with personal data if our company concludes a contract with him or her. Failure to provide the personal data would mean that the contract with the data subject could not be concluded. Before providing personal data by the data subject, the data subject must contact one of our employees. Our employee will explain to the data subject on a case-by-case basis whether the provision of the personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data, and what the consequences of not providing the personal data would be.
11. existence of automated decision making
As a responsible company, we do not use automatic decision-making or profiling.