Responsible in the sense of the EU General Data Protection Regulation (GDPR) is:

TMS Trademarketing Service GmbH, Hafenallee 57, 63067 Offenbach
(hereinafter referred to as "we")
Tel.: 069 405 625 0
Email: kontakt@tmsgmbh.de

General information on data processing

a) Scope of processing of personal data

We generally only process personal data of our users to the extent necessary to provide a functional website and our content and services. The processing of personal data of our users is usually only carried out with the user's consent. An exception applies in cases where prior consent cannot be obtained for actual reasons and the processing of the data is permitted by statutory provisions.

b) Legal basis for the processing of personal data

To the extent that we obtain the consent of the data subject for processing operations involving personal data, Article 6 (1) lit. a of the EU General Data Protection Regulation (GDPR) serves as the legal basis.

For the processing of personal data necessary for the performance of a contract to which the data subject is party, Article 6 (1) lit. b GDPR serves as the legal basis. This also applies to processing operations necessary for the performance of pre-contractual measures.

Insofar as processing of personal data is necessary for compliance with a legal obligation to which our company is subject, Article 6 (1) lit. c GDPR serves as the legal basis.

If processing is necessary to protect vital interests of the data subject or another natural person, Article 6 (1) lit. d GDPR serves as the legal basis.

If processing is necessary for the purposes of the legitimate interests pursued by our company or a third party and those interests, fundamental rights, and freedoms of the data subject do not override the first mentioned interest, then Article 6 (1) lit. f GDPR serves as the legal basis for processing.

c) Data deletion and storage duration

We adhere to the principles of data avoidance and data minimization. The personal data of the data subject will be deleted or blocked as soon as the purpose of storage ceases to apply. Further storage may take place if this is provided for by European or national legislators in Union regulations, laws, or other provisions to which the responsible party is subject. Data will also be blocked or deleted when a storage period prescribed by the aforementioned regulations expires, unless further storage of the data is necessary for the conclusion of a contract or the fulfillment of a contract.

Provision of the website and creation of logfiles

a) Description and scope of data processing

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

The following data is collected:

• Information about the browser type and the version used

• The operating system of the user

• The IP address of the user, shortened by one octet

• Date and time of access

• URL of the website

The data is also stored in the log files of our system. Storage of this data together with other personal data of the user does not take place.

b) Legal basis for data processing

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

c) Purpose of data processing

The temporary storage of the IP address by the system is necessary to enable the delivery of the website to the user's computer. To do this, the user's IP address must be stored for the duration of the session.

Storage in log files occurs to ensure the functionality of the website. Furthermore, 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.

Our legitimate interest in data processing also lies in these purposes according to Article 6 (1) lit. f GDPR.

d) Duration of storage

In the case of storage of data in log files, this takes place no later than fourteen days. Further storage is possible. In this case, the IP addresses of the users are deleted or made anonymous, so that assignment of the accessing client is no longer possible.

e) Possibility of objection and removal

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

Use of cookies

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

If individual cookies we implement also process personal data, the processing is carried out in accordance with Article 6 (1) lit. f GDPR to safeguard our legitimate interests for the best possible functionality of the website as well as a user-friendly and effective design of the site visit.

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

Please note that you can set your browser to inform you about the placement of cookies and to allow you to decide individually on their acceptance or exclude the acceptance of cookies for specific cases or generally. Each browser differs in the manner it manages cookie settings. This is described in the help menu of each browser, which explains how to change your cookie settings. If cookies are disabled for our website, it may not be possible to use all features of the website to their full extent.

Recipients of data and transmission of data to third countries

Recipients of data are employees within our company who require data to process the purposes mentioned below.

We may transfer your personal data to companies within our corporate group (TMS Brand Management GmbH, TMS DIRECT GmbH, TMS Field Force GmbH, TMS Personal GmbH, TMS Sales GmbH, TMS Tactical GmbH, TMS Trademarketing Service GmbH, system manufaktur GmbH, and Wings Projektvertriebs GmbH) as far as this is permissible in the context of the purposes and legal bases presented below.

Furthermore, we also process your application data through the companies Softgarden e-recruiting GmbH, Tauentzienstraße 14, 10789 Berlin, and Prescreen International GmbH, Mariahilfer Straße 17, A-1060 Wien, so that these companies are also recipients of your data on our behalf.

There is no transfer of the data we collect to other third parties. Furthermore, we will not create any linkage with personal data without your consent.

No transmission of data to a third country takes place.

Email contact, contact and application form; purposes for which we process personal data; legal basis and categories for processing

If you contact us via email or contact form, the information you provide will be processed exclusively for the purpose of processing your contact request as well as for possible follow-up questions.

In the context of a weighing of interests to protect the legitimate interests of the controller or a third party under Article 6 (1) lit. f GDPR, we process your data for the purpose of processing your inquiry. A consent we receive can be revoked at any time with effect for the future.

The data will be deleted as soon as they are no longer necessary for the purpose they were collected for. For personal data from the input mask of the contact form and those sent by email, this is the case when the respective conversation with the user is terminated. The conversation is considered terminated when it can be inferred from the circumstances that the relevant matter has been conclusively clarified.

The user has the option at any time to revoke their consent to the processing of personal data. If the user contacts us via email, they may object to the storage of their personal data at any time (see "Your rights under the GDPR" and the contact details of the data controller). In such a case, the conversation may not be continued. All personal data that has been stored in the course of the contact will be deleted in this case.

As far as we process personal data about you for the purpose of your application for employment, this only takes place insofar as this is necessary for the decision regarding the establishment of an employment relationship. The legal basis is § 26 Abs. 1 in conjunction with Abs. 8 Sentence 2 BDSG.

Furthermore, we may process personal data about you insofar as this is necessary to defend against any legal claims arising from the application procedure against us. The legal basis is Article 6 (1) lit. f GDPR, with the legitimate interest being, for example, an obligation to provide evidence in a procedure under the General Equal Treatment Act (AGG).

Should an employment relationship come into being between you and us, we may, according to § 26 Abs. 1 BDSG, further process the personal information we have already obtained from you for the purposes of the employment relationship if this is necessary for the execution or termination of the employment relationship or for the exercise or fulfillment of rights and obligations of the employee representatives arising from a law or a collective agreement.

We process data related to your application. This may include general data about you (such as name, address, and contact details), information about your professional qualifications and school education, or information about further training or other information you provide in connection with your application. In addition, we may process publicly accessible, job-related information about you, such as a profile on professional social media platforms.

The personal data you submit for the purposes of your application will be stored as long as this is necessary for the decision regarding your application. If no employment relationship is established between you and us, we may still store data as far as this is necessary to defend against possible legal claims. The application documents will be deleted four months after the notification of the rejection decision, unless longer storage is required due to legal disputes.

Use of Google Analytics 4

This website uses Google Analytics 4, a web analytics service provided by Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland (“Google”), which allows for analysis of the use of our website.

When you visit our website, Google Analytics 4 sets cookies that are stored as text blocks on your computer. As a result, certain information can be collected. This information includes, for example, your IP address, which Google truncates to eliminate the last digits to ensure data anonymization and prevent direct personal reference. Furthermore, Google Analytics 4 has machine learning capabilities to better expand user behavior understanding. This means that due to the collected data, missing information can be estimated or predicted more accurately.

The information is transmitted to Google's servers and further processed there. Transfers to Google LLC in the USA are also possible.

As part of the order, Google will use this information to evaluate your use of the website, compile reports on website activity, and provide other services related to the use of the website. The IP address transmitted by your browser within the scope of Google Analytics 4 will not be merged with other Google data.

All processing described above, especially the setting of cookies on the computer you are using, will only take place if you have given us your explicit consent in accordance with Article 6 (1) lit. a GDPR. Without your consent, there will be no use of Google Analytics 4 during your visit to our website. You can revoke your consent at any time with effect for the future. To do this, please disable this service using the “Cookie Consent Tool” provided on the website.

We have signed a data processing agreement with Google, which ensures the protection of the data of users of our website and prohibits unauthorized disclosure to third parties. For the transfer of data to the USA, Google relies on standard contractual clauses of the European Commission, which aim to ensure compliance with the European data protection level.
Further legal information on Google Analytics 4 including a copy of the aforementioned standard contractual clauses can be found at https://policies.google.com/privacy?hl=en-GB&gl=en-GB and at https://policies.google.com/technologies/partner-sites

Demographic characteristics
Google Analytics 4 uses the special “demographic features” function and can create statistics that provide information about the age, gender, and interests of website visitors. This is done by analyzing advertisements and information from third parties. This allows the identification of target groups for marketing activities. The collected data cannot, however, be attributed to a specific person and is deleted after a storage duration of two months.

Google Signals
In addition to Google Analytics 4, Google Signals can be used on this website to generate cross-device reports. If personalized advertising has been activated by you and you have linked your devices to your Google account, Google can, subject to your consent to use Google Analytics 4 in accordance with Article 6 (1) lit. a GDPR, analyze your usage behavior across devices and create database models, including cross-device conversions. We do not receive any personal data from Google, just statistical evaluations. If you want to stop cross-device analysis, you can deactivate the “personalized advertising” function in your Google Account settings. Please follow the instructions on the page: https://support.google.com/ads/answer/2662922?hl=en-GB. More information about Google Signals can be found at the following link: https://support.google.com/analytics/answer/7532985?hl=en-GB.

UserIDs
In addition to Google Analytics 4, the “UserIDs” function may be used on this website. If you have consented to the use of Google Analytics 4 in accordance with Article 6 (1) lit. a GDPR, have set up an account on this website, and log in on various devices with this account, your activities, such as conversions, can be analyzed across devices.

Use of Google Webfonts

To present our content correctly and appealingly across browsers, we use Google Webfonts (https://www.google.com/webfonts/) on this website, provided by Google Ireland Limited, Gordon House, 4 Barrow St., Dublin, D04 E5W5, Ireland (hereinafter referred to as “Google”). Google Webfonts are transferred to your browser's cache to avoid multiple loading. If your browser does not support Google Webfonts or block access, content will be displayed in a standard font.

For this purpose, the browser you are using must establish a connection to Google servers, which may also lead to the transmission of personal data to the Google LLC servers in the USA. This allows Google to learn that our website has been accessed via your IP address. The use of Google Web Fonts is in the interest of a uniform and attractive presentation of our online offerings. This constitutes a legitimate interest within the meaning of Article 6 (1) lit. f GDPR. If your browser does not support Web Fonts, a standard font from your computer will be used.

In the event of personal data being transmitted to Google LLC based in the USA, Google LLC has certified itself under the US-EU Privacy Shield agreement, which ensures compliance with the data protection level applicable in the EU. An up-to-date certificate can be viewed here: www.privacyshield.gov/list

More information about Google Web Fonts can be found at https://developers.google.com/fonts/faq and in Google's privacy policy: https://www.google.com/policies/privacy/

Use of Google Maps

This website uses the Google Maps API provided by Google Ireland Limited, Gordon House, 4 Barrow St., Dublin, D04 E5W5, Ireland, to visually represent geographical information. When using Google Maps, Google also collects, processes, and uses data about the usage of the map features by visitors. Through the use of this service, our location is displayed and potential visits are facilitated.

Already when accessing the subpages into which the map from Google Maps is integrated, information about your usage of our website (such as your IP address) is transmitted to Google servers and stored there, and it may also be transferred to the Google LLC servers in the USA. This occurs regardless of whether Google provides a user account that you are logged into or whether no user account exists. If you are logged into Google, your data is directly associated with your account. If you do not want this association with your profile at Google, you must log out before activating the button. Google stores your data (even for non-logged-in users) as usage profiles and evaluates them. The collection, storage, and evaluation occurs according to Article 6 (1) lit. f GDPR based on the legitimate interests of Google in displaying personalized advertising, market research and/or the demand-driven design of Google websites. You have a right to object to the formation of these user profiles; to exercise this right, you must contact Google.

In the event of data being transmitted to Google LLC in the USA, Google LLC has certified itself under the US-EU Privacy Shield agreement, which ensures compliance with the data protection level applicable in the EU. An up-to-date certificate can be viewed here: https://www.privacyshield.gov/list

If you do not agree to the future transmission of your data to Google in the context of using Google Maps, there is also the option to completely deactivate the Google Maps web service by disabling JavaScript in your browser. Google Maps and thus the map display on this website cannot then be used.

The terms of use for Google can be viewed at https://www.google.de/intl/en/policies/terms/regional.html the additional terms of use for Google Maps can be found at https://www.google.com/intl/en_US/help/terms_maps.html

Detailed information on data protection in connection with the use of Google Maps can be found on Google's website (“Google Privacy Policy”): https://www.google.de/intl/en/policies/privacy/

Embedded YouTube videos

On some of our web pages, we embed YouTube videos. The operator of the corresponding plugins is YouTube, LLC, 901 Cherry Ave., San Bruno, CA 94066, USA. When you visit a page with the YouTube plugin, a connection to the YouTube servers is established. This informs YouTube which pages you are visiting. If you are logged into your YouTube account, YouTube can assign your browsing behavior to you personally. You can prevent this by logging out of your YouTube account beforehand.

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

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

Further information on data protection at "YouTube" can be found in the provider's privacy policy at: https://www.google.de/intl/en/policies/privacy/

The use of YouTube serves to present our online offerings attractively. The legal basis for processing the personal data of users is Article 6 (1) lit. f GDPR.

News service via WhatsApp and Insta

You also have the option through our website to order the dispatch of news and information regarding the content and topics of our website via the messaging services "WhatsApp" or "Insta". We provide this service through WhatsBroadcast GmbH, Schwanthaler Straße 32, 80336 Munich (hereinafter "WhatsBroadcast"), which we have commissioned with the technical implementation of message dispatch.

The dispatch of messages occurs via a WhatsApp or Insta account created in our name. If you register for the message dispatch via WhatsApp and/or Insta through our website according to the instructions provided there, WhatsBroadcast receives the username stored on WhatsApp and/or Insta, your phone number (only when registering via WhatsApp), information about your device used, profile data accessible to contacts or channels, all messages sent to the service, and information about which messages you have read and clicked on. You have the option to unsubscribe from the message dispatch by WhatsBroadcast via WhatsApp at any time by sending the message “STOP” to the WhatsApp account through which you previously ordered the news service. You can further request the deletion of the aforementioned data at any time from WhatsBroadcast by sending the message “DELETE ALL DATA” to the corresponding WhatsApp account. To stop receiving messages via Insta, please deactivate the TMS Jobs Channel in the Insta app.

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

The legal basis for the processing of data after registration for the news services by the user is, if consent of the user is present, Article 6 (1) lit. a GDPR.

The collection of the user's email address serves to ensure the dispatch of news and information.

Use of SalesViewer® technology

This website uses the SalesViewer® technology of SalesViewer® GmbH based on the legitimate interests of the website operator (Article 6 (1) lit. f GDPR) to collect and store data for marketing, market research, and optimization purposes.

This involves the use of a JavaScript-based code that serves to collect company-related data and their corresponding use. The data collected with this technology is encrypted via a non-reversible one-way function (so-called hashing). The data is immediately pseudonymized and not used to identify the visitor to this website personally.

The data stored within the framework of SalesViewer is deleted as soon as it is no longer necessary for its purpose and there are no statutory retention obligations standing in the way of deletion.

You can object to data collection and storage at any time with effect for the future by clicking this link https://www.salesviewer.com/opt-out to prevent collection by SalesViewer® within this website in the future. An opt-out cookie for this website will be placed on your device. If you delete your cookies in this browser, you will need to click this link again.

Presences in social networks (Social Media)

We maintain online presences within social networks and process data from our users in this context to communicate with the users active there or to offer information about us. As operators of these pages, we are jointly responsible with the respective network partners in the sense of Article 4 No. 7 GDPR. We point out that user data may be processed outside the territory of the European Union. This may pose risks for our users because, for example, the enforcement of user rights may be made more difficult.

Furthermore, user data within social networks is typically processed for market research and advertising purposes. Thus, for example, usage profiles may be created based on user behavior and user interests derived therefrom. The usage profiles can also be used to display advertisements both within and outside the networks that presumably match users' interests. For these purposes, cookies are usually stored on users' computers that store usage behavior and user interests. Additionally, in the user profiles, data can also be saved independently of the devices used by the users (especially when users are members of the respective platforms and are logged in to them).

For a detailed presentation of the respective forms of processing and the possibilities to object (opt-out), we refer to the privacy policies and statements of the operators of the respective networks.

In the case of requests for information and the assertion of rights of the data subjects, we would like to point out that these can be most effectively asserted against the providers. Only the providers have access to the users' data and can take direct corresponding measures and provide information. Of course, you can also contact us with any questions.

Services used and service providers:

Facebook/Meta Platforms Ireland Ltd

We are jointly responsible with Meta Platforms Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland for the collection (but not further processing) of data from visitors to our Facebook page (so-called "fan page"). This data includes information about the types of content that our users view or interact with, or actions they take (see under “Things you and others have done and provided” in the Meta Data Policy: https://www.facebook.com/policy), as well as information about the devices used by users (e.g., IP addresses, operating system, browser type, language settings, cookie data; see under