Data protection

1. Privacy at a glance

General information

The following information provides a simple overview of what happens to your personal data when you visit this website. Personal data is any data that can be used to identify you personally. Detailed information on the subject of data protection can be found in our privacy policy listed below this text.

Data collection on this website

Who is responsible for data collection on this website?

Data processing on this website is carried out by the website operator. You can find the operator’s contact details in the section “Information on the controller” in this privacy policy.

How do we collect your data?

Some of your data is collected when you provide it to us. This may include, for example, data that you enter in a contact form.

Other data is collected automatically or with your consent by our IT systems when you visit the website. This is primarily technical data (e.g. Internet browser, operating system or time of page access). This data is collected automatically as soon as you enter this website.

What do we use your data for?

Some of the data is collected to ensure that the website is provided without errors. Other data may be used to analyse your user behaviour. If contracts can be concluded or initiated via the website, the transmitted data will also be processed for contract offers, orders or other requests for services.

What rights do you have regarding your data?

You have the right at any time to obtain information free of charge about the origin, recipients and purpose of your stored personal data. You also have the right to request the correction or deletion of this data. If you have given your consent to data processing, you may withdraw this consent at any time with effect for the future. You also have the right, under certain circumstances, to request the restriction of the processing of your personal data. Furthermore, you have the right to lodge a complaint with the competent supervisory authority.

You can contact us at any time regarding this and any other questions relating to data protection.

Analytics tools and third-party tools

When you visit this website, your browsing behaviour may be statistically evaluated. This is primarily done using so-called analytics programs.

Detailed information on these analytics programs can be found in the following privacy policy.

2. Hosting

We host the content of our website with the following provider:

External hosting

This website is hosted externally. The personal data collected on this website is stored on the servers of the hosting provider or providers. This may include, in particular, IP addresses, contact requests, meta and communication data, contract data, contact details, names, website accesses and other data generated via a website.

External hosting is carried out for the purpose of fulfilling contracts with our potential and existing customers (Art. 6 para. 1 lit. b GDPR) and in the interest of providing our online services securely, quickly and efficiently through a professional provider (Art. 6 para. 1 lit. f GDPR). If the corresponding consent has been requested, processing is carried out exclusively on the basis of Art. 6 para. 1 lit. a GDPR and Section 25 para. 1 TDDDG, insofar as the consent includes the storage of cookies or access to information on the user’s device (e.g. device fingerprinting) within the meaning of the TDDDG. Consent may be withdrawn at any time.

Our hosting provider or providers will process your data only to the extent necessary to fulfil their service obligations and will follow our instructions regarding this data.

We use the following hosting provider:

WiTCOM Wiesbadener Informations- und Telekommunikations GmbH
Konradinerallee 25
65189 Wiesbaden

Data processing agreement

We have concluded a data processing agreement (DPA) for the use of the above-mentioned service. This is a legally required data protection agreement that ensures that the provider processes the personal data of our website visitors only in accordance with our instructions and in compliance with the GDPR.

3. General information and mandatory information

Data protection

The operators of these pages take the protection of your personal data very seriously. We treat your personal data confidentially and in accordance with the statutory data protection regulations and this privacy policy.

When you use this website, various personal data is collected. Personal data is data that can be used to identify you personally. This privacy policy explains what data we collect and what we use it for. It also explains how and for what purpose this is done.

We would like to point out that data transmission over the Internet (e.g. when communicating by email) may have security vulnerabilities. Complete protection of data against access by third parties is not possible.

Information on the controller

The controller responsible for data processing on this website is:

Topcart GmbH
Gustav-Stresemann-Ring 12-16
D-65189 Wiesbaden

Telephone: +49 611 949 190
Email: info@topcart.com

The controller is the natural or legal person who, alone or jointly with others, determines the purposes and means of processing personal data (e.g. names, email addresses or similar).

Storage period

Unless a more specific storage period has been specified in this privacy policy, your personal data will remain with us until the purpose for data processing no longer applies. If you assert a justified request for deletion or withdraw your consent to data processing, your data will be deleted unless we have other legally permissible reasons for storing your personal data (e.g. retention periods under tax or commercial law); in the latter case, deletion will take place once these reasons no longer apply.

General information on the legal bases for data processing on this website

If you have consented to data processing, we process your personal data on the basis of Art. 6 para. 1 lit. a GDPR or Art. 9 para. 2 lit. a GDPR, insofar as special categories of data are processed pursuant to Art. 9 para. 1 GDPR. In the event of express consent to the transfer of personal data to third countries, data processing is also based on Art. 49 para. 1 lit. a GDPR. If you have consented to the storage of cookies or access to information on your device (e.g. via device fingerprinting), data processing is additionally based on Section 25 para. 1 TDDDG. Consent may be withdrawn at any time. If your data is required to fulfil a contract or to carry out pre-contractual measures, we process your data on the basis of Art. 6 para. 1 lit. b GDPR. Furthermore, we process your data if this is necessary to fulfil a legal obligation, on the basis of Art. 6 para. 1 lit. c GDPR. Data processing may also be carried out on the basis of our legitimate interest pursuant to Art. 6 para. 1 lit. f GDPR. Information on the relevant legal bases in each individual case is provided in the following sections of this privacy policy.

Data protection officer

We have appointed a data protection officer.

Mr Hör
Gustav-Stresemann-Ring 12-16
D-65189 Wiesbaden

Telephone: +49 611 949 190
Email: datenschutz@topcart.com

Information on transferring data to third countries that are not secure under data protection law and on transferring data to US companies that are not DPF-certified

Among other things, we use tools from companies based in third countries that are not secure under data protection law, as well as US tools whose providers are not certified under the EU-US Data Privacy Framework (DPF). When these tools are active, your personal data may be transferred to and processed in these countries. We would like to point out that a level of data protection comparable to that in the EU cannot be guaranteed in third countries that are not secure under data protection law.

We would like to point out that the USA, as a secure third country, generally provides a level of data protection comparable to that in the EU. Data may therefore be transferred to the USA if the recipient has certification under the “EU-US Data Privacy Framework” (DPF) or has suitable additional safeguards. Information on transfers to third countries, including data recipients, can be found in this privacy policy.

Recipients of personal data

As part of our business activities, we work with various external parties. In some cases, this also requires the transfer of personal data to these external parties. We only pass on personal data to external parties if this is necessary for the fulfilment of a contract, if we are legally obliged to do so (e.g. passing on data to tax authorities), if we have a legitimate interest in passing it on pursuant to Art. 6 para. 1 lit. f GDPR, or if another legal basis permits the transfer of data. When using data processors, we only pass on our customers’ personal data on the basis of a valid data processing agreement. In the case of joint processing, a joint processing agreement is concluded.

Withdrawal of your consent to data processing

Many data processing operations are only possible with your express consent. You may withdraw consent that you have already given at any time. The lawfulness of the data processing carried out up to the withdrawal remains unaffected by the withdrawal.

Right to object to data collection in specific cases and to direct marketing (Art. 21 GDPR)

If data processing is carried out on the basis of Art. 6 para. 1 lit. e or f GDPR, you have the right to object at any time, on grounds relating to your particular situation, to the processing of your personal data; this also applies to profiling based on these provisions. The respective legal basis on which processing is based can be found in this privacy policy. If you object, we will no longer process your personal data concerned unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing serves the establishment, exercise or defence of legal claims (objection pursuant to Art. 21 para. 1 GDPR).

If your personal data is processed for the purpose of direct marketing, you have the right to object at any time to the processing of personal data concerning you for the purpose of such marketing; this also applies to profiling insofar as it is connected with such direct marketing. If you object, your personal data will subsequently no longer be used for the purpose of direct marketing (objection pursuant to Art. 21 para. 2 GDPR).

Right to lodge a complaint with the competent supervisory authority

In the event of breaches of the GDPR, data subjects have the right to lodge a complaint with a supervisory authority, in particular in the Member State of their habitual residence, place of work or place of the alleged infringement. The right to lodge a complaint is without prejudice to any other administrative or judicial remedies.

Right to data portability

You have the right to have data that we process automatically on the basis of your consent or in fulfilment of a contract handed over to you or a third party in a commonly used, machine-readable format. If you request the direct transfer of the data to another controller, this will only be carried out insofar as it is technically feasible.

Access, rectification and erasure

Within the framework of the applicable statutory provisions, you have the right at any time to obtain free information about your stored personal data, its origin and recipients, and the purpose of data processing, and, where applicable, the right to rectification or erasure of this data. You can contact us at any time regarding this and any other questions concerning personal data.

Right to restriction of processing

You have the right to request the restriction of the processing of your personal data. You can contact us at any time regarding this. The right to restriction of processing applies in the following cases:

If you dispute the accuracy of your personal data stored by us, we generally need time to verify this. For the duration of the verification, you have the right to request the restriction of the processing of your personal data.
If the processing of your personal data was or is unlawful, you may request the restriction of data processing instead of its erasure.
If we no longer need your personal data, but you require it for the exercise, defence or assertion of legal claims, you have the right to request restriction of the processing of your personal data instead of its erasure.
If you have lodged an objection pursuant to Art. 21 para. 1 GDPR, a balance must be struck between your interests and ours. As long as it has not yet been determined whose interests prevail, you have the right to request the restriction of the processing of your personal data.

If you have restricted the processing of your personal data, this data may, apart from its storage, only be processed with your consent or for the establishment, exercise or defence of legal claims, or for the protection of the rights of another natural or legal person, or for reasons of important public interest of the European Union or of a Member State.

SSL or TLS encryption

For security reasons and to protect the transmission of confidential content, such as orders or enquiries that you send to us as the website operator, this site uses SSL or TLS encryption. You can recognise an encrypted connection by the browser’s address line changing from “http://” to “https://” and by the padlock symbol in your browser line.

When SSL or TLS encryption is activated, the data you transmit to us cannot be read by third parties.

4. Data collection on this website

Server log files

The provider of these pages automatically collects and stores information in so-called server log files, which your browser automatically transmits to us. These are:

Browser type and version
Operating system used
Referrer URL
Hostname of the accessing computer
Time of the server request
IP address

This data is not merged with other data sources.

This data is collected on the basis of Art. 6 para. 1 lit. f GDPR. The website operator has a legitimate interest in technically error-free presentation and optimisation of its website; the server log files must be recorded for this purpose.

Contact form

If you send us enquiries via the contact form, your details from the enquiry form, including the contact details you provide there, will be stored by us for the purpose of processing the enquiry and in the event of follow-up questions. We will not pass on this data without your consent.

This data is processed on the basis of Art. 6 para. 1 lit. b GDPR if your enquiry is related to the fulfilment of a contract or is necessary to carry out pre-contractual measures. In all other cases, processing is based on our legitimate interest in effectively processing enquiries addressed to us (Art. 6 para. 1 lit. f GDPR) or on your consent (Art. 6 para. 1 lit. a GDPR), if this was requested; consent may be withdrawn at any time.

The data you enter in the contact form will remain with us until you request its deletion, withdraw your consent to its storage or the purpose for storing the data no longer applies (e.g. after your enquiry has been processed). Mandatory statutory provisions, in particular retention periods, remain unaffected.

Enquiries by email, telephone or fax

If you contact us by email, telephone or fax, your enquiry, including all personal data arising from it (name, enquiry), will be stored and processed by us for the purpose of handling your request. We will not pass on this data without your consent.

The data you send us in contact enquiries will remain with us until you request its deletion, withdraw your consent to its storage or the purpose for storing the data no longer applies (e.g. after your request has been fully processed). Mandatory statutory provisions, in particular statutory retention periods, remain unaffected.

5. Plugins and tools

Google Fonts (local hosting)

This site uses so-called Google Fonts, provided by Google, for the consistent display of fonts. Google Fonts are installed locally. No connection to Google servers is established.

Further information about Google Fonts can be found at https://developers.google.com/fonts/faq and in Google’s privacy policy: https://policies.google.com/privacy?hl=de.

Wordfence

We have integrated Wordfence into this website. The provider is Defiant Inc., Defiant, Inc., 800 5th Ave Ste 4100, Seattle, WA 98104, USA (hereinafter “Wordfence”).

Wordfence is used to protect our website against unwanted access or malicious cyberattacks. For this purpose, our website maintains a permanent connection to Wordfence’s servers so that Wordfence can compare its databases with the accesses made to our website and, where applicable, block them.

Wordfence is used on the basis of Art. 6 para. 1 lit. f GDPR. The website operator has a legitimate interest in protecting its website as effectively as possible against cyberattacks. If the corresponding consent has been requested, processing is carried out exclusively on the basis of Art. 6 para. 1 lit. a GDPR and Section 25 para. 1 TDDDG, insofar as the consent includes the storage of cookies or access to information on the user’s device (e.g. device fingerprinting) within the meaning of the TDDDG. Consent may be withdrawn at any time.

Data transmission to the USA is based on the EU Commission’s standard contractual clauses. Details can be found here: https://www.wordfence.com/help/general-data-protection-regulation/.