Privacy Policy

A word beforehand:

We are pleased that you are visiting our website and thank you for your interest. In the following, we inform you about the handling of your personal data when using our website. The form of this information is largely determined by the European General Data Protection Regulation (GDPR). Personal data are all data with which you can be personally identified.
The security of your data and the protection of your personal rights are important to us. We use the data transmitted to us exclusively to process your inquiries, orders, and deliveries and to optimize our website.
TOPLICHT does not sell your data to third parties - whether personal data or other data. You can rely on that.

That is a matter of honor for us!

1. Name and Address of the Controller; General Information

The controller 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 provisions is:

TOPLICHT GmbH
Notkestraße 97, 22607 Hamburg, Germany
represented by its managing director Gesa Thönnessen
Tel.: +49 (0)40/8890100, Fax: +49 (0)40/88901011
Email: toplicht (at) toplicht.de
Website: www.toplicht.de

1.1. Scope of the Processing of Personal Data

We generally process personal data of our users only insofar as this is necessary to provide a functional website as well as our content and services. The processing of our users' personal data takes place regularly only after the user's consent. An exception applies in cases where prior consent cannot be obtained for practical reasons and the processing of the data is permitted by statutory provisions.

1.2. Legal Basis for the Processing of Personal Data

Insofar as we obtain the consent of the data subject for processing operations of personal data, Art. 6 (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, Art. 6 (1) lit. b GDPR serves as the legal basis. This also applies to processing operations required to carry out pre-contractual measures.
Insofar as processing of personal data is necessary to fulfill a legal obligation to which our company is subject, Art. 6 (1) lit. c GDPR serves as the legal basis.
In the event that vital interests of the data subject or another natural person make the processing of personal data necessary, Art. 6 (1) lit. d GDPR serves as the legal basis.
If processing is necessary to protect a legitimate interest of our company or a third party and the interests, fundamental rights, and freedoms of the data subject do not outweigh the former interest, Art. 6 (1) lit. f GDPR serves as the legal basis for processing.

1.3. Data Erasure and Storage Duration

The personal data of the data subject will be erased or blocked as soon as the purpose of storage no longer applies. Storage may 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 controller is subject. Blocking or erasure of data also takes place when a storage period prescribed by the aforementioned norms expires, unless there is a necessity for further storage of the data for the conclusion or performance of a contract.

2. Provision of the Website and Creation of Log Files

2.1. 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 accessing computer.
The following data are collected here:

  1. Information about the browser type and the version used
  2. The user's operating system
  3. The user's internet service provider
  4. The user's IP address
  5. Date and time of access
  6. Websites from which the user's system reaches our website
  7. Websites accessed by the user's system via our website

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

2.2. Legal Basis for Data Processing

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

2.3. Purpose of Data Processing

The temporary storage of the IP address by the system is necessary to enable delivery of the website to the user's computer. For this purpose, the user's IP address must remain stored for the duration of the session.
Storage in log files takes place to ensure the functionality of the website. In addition, the data serves us to optimize the website and to ensure the security of our information technology systems. An evaluation of the data for marketing purposes does not take place in this context.
These purposes also constitute our legitimate interest in data processing according to Art. 6 (1) lit. f GDPR.

2.4. Duration of Storage

The data are erased as soon as they are no longer required to achieve the purpose for which they were collected. In the case of collecting data for the provision of the website, this is the case when the respective session has ended.
In the case of storing data in log files, this is the case after thirty-one days at the latest.

2.5. Right of Objection and Removal

The collection of data for the provision of the website and the storage of data in log files is essential for the operation of the website. Consequently, there is no possibility of objection on the part of the user.

3. Use of Cookies

3.1. Description and Scope of Data Processing

Our website uses technically necessary cookies as well as advertising 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 accesses a website, a cookie can be stored on the user's operating system. This cookie contains a characteristic string of characters that enables a unique identification of the browser when the website is called up again.
We use cookies to make our website more user-friendly. Some elements of our website require that the calling browser can be identified even after a page change.
The following data are stored and transmitted in the cookies:

  1. Language settings
  2. Items in a shopping cart
  3. Items on the wish list
  4. Login information

3.2. Legal Basis for Data Processing

The legal basis for the processing of personal data using technically necessary cookies is Art. 6 (1) lit. f GDPR.

The legal basis for the processing of personal data using advertising cookies (this includes Google Ads cookies and all non-essential cookies) is your consent according to Art. 6 (1) lit. a GDPR in conjunction with Section 25 (1) TTDSG.

3.3. 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 these, it is necessary that the browser is recognized even after a page change.
We require cookies for the following applications:

  1. Applying language settings
  2. Shopping cart
  3. Wish list
  4. Login information

The user data collected by technically necessary cookies are not used to create user profiles.

3.4. Duration of Storage, Right of Objection and Removal

Cookies are stored on the user's computer and transmitted by it to our site. Therefore, you as a user also 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. Already stored cookies can be deleted at any time. This can also be done automatically. If cookies are deactivated for our website, it may no longer be possible to use all functions of the website to their full extent.

4. Matomo

Our website uses the open-source web analysis service Matomo. The information recorded by Matomo about the use of this website is stored on our server. Before archiving, the IP address is first anonymized by cutting off the last six digits of the IP address before it is stored.

Through Matomo, we are able to collect and evaluate data about the use of our website. For example, we can determine when which page views occurred and which region they came from. In addition, we collect various log files (e.g., anonymized IP address, referrer, browser, and operating system used) and can measure in anonymized form whether our website visitors perform certain actions (e.g., clicks, purchases, etc.).

4.1. Cookies

For our web analysis with Matomo, we use so-called "cookie-less tracking", which means that no cookies are stored.

4.2. Deletion Periods

All visits and raw action data are deleted after 36 months and 1 day.

4.3 Hosting

Timme Hosting GmbH & Co. KG
Ovelgönner Weg 43
21335 Lüneburg
www.timmehosting.de
support@timmehosting.de

4.4 Data Processing

We have concluded an order processing contract (AVV) with the above-mentioned provider. This is a contract required by data protection law, which guarantees that the provider processes the personal data of our website visitors only on the basis of our instructions and in accordance with the GDPR.

5. Google Tag Manager (GTM)

This website uses the Google Tag Manager. The Tag Manager itself does not set cookies and does not collect any personal data. It merely serves to manage website tags via a user interface and allows us to integrate other tools (such as Google Ads). The Google Tag Manager triggers other tags, which in turn may collect data. This is explained in the relevant sections of this privacy policy. Deactivation at the domain or cookie level affects all tracking tags implemented with the Google Tag Manager.

Operating company of the Google Tag Manager:

Google Ireland Limited
Gordon House, Barrow Street
Dublin 4, Ireland

Legal basis: Art. 6 (1) lit. f GDPR (legitimate interest in the simple and efficient management of our tags) or Art. 6 (1) lit. a GDPR (your consent, insofar as the tags triggered via the GTM require consent).

6. Google Ads and Google Conversion Tracking

6.1. Description and Scope of Data Processing

This website uses the online advertising program "Google Ads" and, within the scope of this, Google conversion tracking. Google conversion tracking is used to measure the effectiveness of our advertisements. When you click on an advertisement placed by Google, a cookie is set for conversion tracking. This cookie serves to recognize the web browser and loses its validity after 90 days. It is not used for the personal identification of the user.

If the user visits certain pages of our website and the cookie has not yet expired, Google and we can recognize that the user clicked on the ad and was redirected to this page. Each Google Ads customer receives a different cookie. Cookies can therefore not be tracked across the websites of Google Ads customers. The information obtained using the conversion cookie is used to create conversion statistics for Google Ads customers.

6.2. Google Remarketing / Target Group Formation

In addition, we use the remarketing function within the Google Ads service. With the remarketing function, we can present interest-based advertisements to users of our website on other websites within the Google advertising network (in Google Search or on YouTube, so-called "Google Ads" or on other websites). For this purpose, the interaction of the users on our website is analyzed, e.g., which offers the user was interested in. For this purpose, Google stores a cookie on the users' terminal devices.

6.3. Legal Basis for Data Processing

The use of Google Ads conversion tracking and remarketing services (including the storage of cookies) takes place only after your express consent (opt-in). The legal basis is therefore Art. 6 (1) lit. a GDPR in conjunction with Section 25 (1) TTDSG.

Operating company of Google Ads:

Google Ireland Limited
Gordon House, Barrow Street
Dublin 4, Ireland

Possibility of Objection and Removal:

You can revoke your consent at any time for the future and prevent the storage of cookies by setting your browser software accordingly. In addition, you can permanently deactivate personalized advertising at Google by following the link https://www.google.com/settings/ads/onweb/ and following the instructions provided there.

Further information on Google's data protection regulations can be found here: https://www.google.de/policies/privacy/.

7. Registration/User Accounts

7.1. Description and Scope of Data Processing

On our website, we offer users the possibility to register by providing personal data and to create a password-protected user account. The data is entered into an input mask and transmitted to us and stored. Within the scope of the registration process, the user's consent to the processing of this data is obtained.
The data is not passed on to third parties. The following data is collected during the registration process:

  1. Email address
  2. Last name, first name, address, delivery address if applicable, telephone numbers
  3. Payment data
  4. Password

At the time of registration, the following data is also stored:

  1. The user's IP address
  2. Date and time of registration

The operator accepts no liability for password misuse unless it was caused by the operator itself.

7.2. Legal Basis for Data Processing

The legal basis for the processing of data is Art. 6 (1) lit. a GDPR if the user has given consent.
If the registration serves the fulfillment of a contract to which the user is a party or the implementation of pre-contractual measures, Art. 6 (1) lit. b GDPR is an additional legal basis for the processing of the data.

7.3. Purpose of Data Processing

Registration of the user is not required for the fulfillment of a contract with the user or for the implementation of pre-contractual measures.

7.4. Duration of Storage

The data is deleted as soon as the user requests or initiates the deletion.

7.5. Possibility of Objection and Removal

As a user, you have the possibility to cancel the registration at any time. You can change the data stored about you at any time or have it changed.
If the data is required for the fulfillment of a contract or for the implementation of pre-contractual measures, premature deletion of the data is only possible insofar as contractual or legal obligations do not prevent deletion.

7.6. Deletion or Modification of Data

The registration data can be changed or deleted by the user at any time as follows:

  1. by request via email or fax to the controllers
  2. by clicking the "change" or "edit" buttons after logging into the customer account
  3. by clicking the "delete" button after logging into the customer account.

8. Payment Data

If you have chosen credit card payment as the payment method within the scope of an order, your credit card data is required so that we can process the payment in order to carry out the sale of the ordered goods and the fulfillment of the purchase contract. Your credit card data, which you enter when purchasing in the TOPLICHT online shop, is neither collected nor processed on the IT systems of TOPLICHT GmbH. Credit card data is not stored on data carriers of TOPLICHT GmbH. The processing of payments takes place exclusively on IT systems and under the technical and legal responsibility of our respective payment service providers.
We only use payment service providers who are certified according to PCI DSS and thus fulfill the strictest requirements for the secure handling and storage of credit card data.
The following payment service provider is currently used by us for payment processing by credit card:
SIX Payment Services (Europe S.A.)
10 rue Gabriel Lippmann
L-5365 Munsbach
www.six-payment-services.de

9. Contact Form and Email Contact

9.1. Description and Scope of Data Processing

On our website, there is a contact form which can be used for electronic contact. If a user takes advantage of this possibility, the data entered in the input mask is transmitted to us and stored. This data includes:

  1. Email address
  2. Last name, first name, address, telephone numbers

At the time of registration, the following data is also stored:

  1. The user's IP address
  2. Date and time of registration

For the processing of the data, your consent is obtained within the scope of the sending process and reference is made to this privacy policy.
Alternatively, contact can be made via the provided email address. In this case, the user's personal data transmitted with the email is stored.
In this context, the data is by no means passed on to third parties. The data is used exclusively for processing the conversation.

9.2. Legal Basis for Data Processing

The legal basis for the processing of data is Art. 6 (1) lit. a GDPR if the user has given consent.
The legal basis for the processing of data transmitted in the course of sending an email is Art. 6 (1) lit. f GDPR. If the email contact aims at the conclusion of a contract, Art. 6 (1) lit. b GDPR is an additional legal basis for the processing.

9.3. Purpose of Data Processing

The processing of the personal data from the input mask serves us solely to process the contact. In the case of contact by email, this also constitutes the necessary legitimate interest in processing the data.
The other personal data processed during the sending process serve to prevent misuse of the contact form and to ensure the security of our information technology systems.

10. Rights of the Data Subject

If personal data concerning you is processed, you are a data subject within the meaning of the GDPR and you have the following rights against the controller:

10.1. Right of Access

You can request confirmation from the controller as to whether personal data concerning you is being processed by us. If such processing exists, you can request access to the following information from the controller:

  1. the purposes for which the personal data are processed;
  2. the recipients or categories of recipients to whom the personal data concerning you have been or will be disclosed;
  3. the planned duration of storage of the personal data concerning you or, if concrete information is not possible, criteria for determining the storage period;
  4. the existence of a right to rectification or erasure of the personal data concerning you, a right to restriction of processing by the controller, or a right to object to such processing;
  5. the existence of a right to lodge a complaint with a supervisory authority;

You have the right to request information as to whether the personal data concerning you is transferred to a third country or to an international organization. In this context, you can request to be informed about the appropriate safeguards according to Art. 46 GDPR in connection with the transfer.

10.2. Right to Rectification

You have a right to rectification and/or completion against the controller if the processed personal data concerning you is incorrect or incomplete. The controller must carry out the rectification immediately.

10.3. Right to Restriction of Processing

Under the following conditions, you can request the restriction of processing of the personal data concerning you:

  1. if the processing is unlawful and you object to the erasure of the personal data and instead request the restriction of use of the personal data;
  2. if you have objected to processing pursuant to Art. 21 (1) GDPR and it has not yet been determined whether the legitimate grounds of the controller outweigh your grounds.

If processing of the personal data concerning you has been restricted, this data – apart from its storage – may only be processed 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 an important public interest of the Union or a member state.

10.4. Right to Erasure

10.4.1. Obligation to Erase

You can request that the controller erase the personal data concerning you immediately, and the controller is obliged to erase this data immediately if one of the following reasons applies:

  1. The personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed.
  2. You revoke your consent on which the processing was based pursuant to Art. 6 (1) lit. a or Art. 9 (2) lit. a GDPR, and there is no other legal basis for the processing.
  3. You object to the processing pursuant to Art. 21 (1) GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Art. 21 (2) GDPR.
  4. The personal data concerning you have been unlawfully processed.
  5. Erasure of the personal data concerning you is necessary to fulfill a legal obligation under Union law or the law of the member states to which the controller is subject.

10.4.2. Information to Third Parties

If the controller has made the personal data concerning you public and is obliged to erase it pursuant to Art. 17 (1) GDPR, it shall take reasonable steps, including technical measures, taking into account available technology and the cost of implementation, to inform controllers processing the personal data that you as the data subject have requested the erasure by such controllers of any links to, or copies or replications of, those personal data.

10.4.3. Exceptions

The right to erasure does not exist insofar as processing is necessary

  1. for exercising the right of freedom of expression and information;
  2. for compliance with a legal obligation which requires processing by Union or member state law to which the controller is subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
  3. for the establishment, exercise, or defense of legal claims.

10.5. Right to Notification

If you have asserted the right to rectification, erasure, or restriction of processing against the controller, the controller is obliged to communicate this rectification or erasure of the data or restriction of processing to all recipients to whom the personal data concerning you have been disclosed, unless this proves impossible or involves disproportionate effort.
You have the right to be informed about these recipients by the controller.

10.6. Right to Data Portability

You have the right to receive the personal data concerning you, which you have provided to the controller, in a structured, commonly used, and machine-readable format. You also have the right to transmit those data to another controller without hindrance from the controller to which the personal data were provided, provided that

  1. the processing is based on consent pursuant to Art. 6 (1) lit. a GDPR or Art. 9 (2) lit. a GDPR or on a contract pursuant to Art. 6 (1) lit. b GDPR and
  2. the processing is carried out by automated means.

In exercising this right, you also have the right to have the personal data concerning you transmitted directly from one controller to another, insofar as this is technically feasible. The freedoms and rights of other persons must not be affected by this.
The right to data portability does not apply to processing of personal data necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

10.7. Right to Object

You have the right to object, on grounds relating to your particular situation, at any time to processing of personal data concerning you which is based on Art. 6 (1) lit. e or f GDPR; this also applies to profiling based on these provisions.
Where personal data concerning you are processed for direct marketing purposes, you have the right to object at any time to processing of personal data concerning you for such marketing; this also applies to profiling to the extent that it is related to such direct marketing.
If you object to processing for direct marketing purposes, the personal data concerning you shall no longer be processed for such purposes.
In the context of the use of information society services – notwithstanding Directive 2002/58/EC – you may exercise your right to object by automated means using technical specifications.

10.8. Right to Withdraw the Data Protection Consent Declaration

You have the right to withdraw your data protection consent declaration at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.

10.9. Automated Individual Decision-Making, Including Profiling

You have the right not to be subject to a decision based solely on automated processing – including profiling – which produces legal effects concerning you or similarly significantly affects you.
This does not apply if the decision

  1. is necessary for entering into, or performance of, a contract between you and the controller,
  2. is authorized by Union or member state law to which the controller is subject and which also lays down suitable measures to safeguard your rights and freedoms and legitimate interests, or
  3. is based on your explicit consent.

However, these decisions shall not be based on special categories of personal data referred to in Art. 9 (1) GDPR, unless Art. 9 (2) lit. a or g GDPR applies and suitable measures to safeguard your rights and freedoms and legitimate interests are in place.
In the cases referred to in (1) and (3), the controller shall implement suitable measures to safeguard your rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and to contest the decision.

10.10. Right to Lodge a Complaint with 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 habitual residence, place of work, or place of the alleged infringement if you consider that the processing of personal data concerning you infringes the GDPR.
The supervisory authority with which the complaint has been lodged shall inform the complainant on the progress and the outcome of the complaint including the possibility of a judicial remedy pursuant to Art. 78 GDPR.