Cookies

Overview
Data protection is of the highest priority for us. The use of our website is possible without indication of personal data; However, if a data subject wants to use special enterprise services via our website, processing of personal data could become necessary. If the processing of personal data is necessary and there is no legal basis for such processing, we generally obtain consent from the data subject.

The processing of personal data, such as the name, address, e-mail address, or telephone number of a data subject, always takes place in accordance with the General Data Protection Regulation (GDPR) and specific data protection regulations. data applicable in our country. With this data protection declaration, we would like to inform the general public of the nature, scope, and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed, by means of this data protection declaration, of the rights to which they are entitled.

As data controller, we have implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed through this website. However, Internet-based data transmissions may in principle have security gaps, therefore absolute protection cannot be guaranteed.

Name and address of the data controller
Controller within the meaning of the General Data Protection Regulation (GDPR), other data protection laws applicable in Member states of the European Union and other provisions relating to data protection is:

COMPANY NAME TomStore by Moxà Design

ADDRESS Via Volturno 106

ZIP CODE AND CITY 41032 Cavezzo (MO)

COUNTRY Italy

CONTACT EMAIL info@TomStore.it

WEBSITE www.TomStore.it

Definitions
This data protection information is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our data protection information should be legible and understandable for the general public, as well as for our customers and business partners. To ensure this, we first want to explain the terminology used.

In this data protection notice, we use the following terms:
a.) Personal data
Personal data means any information relating to an identified or identifiable natural person ("data subject"). An identifiable natural person is one who can be identified, directly or indirectly, in particular by means of an identifier such as a name, an identification number, location data, an online identifier or one or more factors specific to his physical, physiological, genetic, mental, economic, cultural or social.
b.) Interested
The data subject is an identified or identifiable natural person, whose personal data are processed by the controller.
c.) Treatment
Processing consists of any operation or set of operations carried out on personal data or on sets of personal data, whether with or without the aid of automated means, such as collection, recording, organisation, structuring, storage, l adaptation or modification, consultation, use, communication by transmission, dissemination or any other form of making available, alignment or combination, limitation, cancellation or destruction.
d.) Limitation of processing
Restriction of processing consists of labeling stored personal data with the aim of limiting their future processing.
e.) Profiling
Profiling means any form of automated processing of personal data consisting of the use of such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects concerning work performance, economic situation, health, the personal preferences, interests, reliability, behaviour, location or movements of that natural person.
f.) Pseudonymization
Pseudonymisation is the processing of personal data in such a manner 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 organizational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.
g.) Data Controller
Controller or controller responsible for the 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 nomination may be provided for by Union or Member State law.
h.) Data Controller
Controller is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
i.) Recipient
Recipient is a natural or legal person, public authority, agency or other body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a specific inquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of such data by those public authorities must comply with the applicable data protection rules according to the purposes of the processing.
j.) Third part
Third party is a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or of the data controller, are authorized to process personal data.
k.) Consent
Consent of the data subject is any voluntary, specific, informed and unambiguous indication of the data subject's wishes, by a clear statement or by a clear affirmative action, by which the data subject agrees to the processing of personal data relating to him or her.
Cookies
Our website uses cookies. Cookies are text files that are stored in a computer system via an Internet browser.

Many websites and servers use cookies. Many cookies contain a cookie ID, which is a unique identifier of the cookie. It consists of a character string through which Internet pages and servers can be assigned to the specific Internet browser in which the cookie was stored. This allows visited websites and servers to differentiate the specific browser of the data subject from other Internet browsers that contain other cookies. A specific Internet browser can be recognized and identified using the unique cookie ID.

Through the use of cookies, we can provide the users of this website with more user-friendly services that would not be possible without the cookie setting.

By means of a cookie, the information and offers on our website can be optimized with the user in mind. Cookies allow us, as already mentioned, to recognize users of our website. The purpose of this recognition is to simplify the use of the website by users. For example, a user of the website that uses cookies does not have to enter access data each time the website is accessed, because this data is taken over by the website, and the cookie is thus stored on the user's computer system. Another example is the shopping cart cookie in an online store. The online store remembers the items that a customer has placed in the virtual shopping cart via a cookie.

The data subject may, at any time, prevent the setting of cookies through our website by means of a corresponding setting of the Internet browser used, and may thus permanently deny the setting of cookies. Furthermore, cookies that have already been set can be deleted at any time via an Internet browser or other software programs. This is possible in all popular Internet browsers. If the data subject deactivates the setting of cookies in the Internet browser used, not all functions of our website may be fully usable.

Collection of data and general information
Our website collects a series of general data and information when a data subject or automated system calls up the website. This general data and information is stored in server log files. The collected data may include (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (so-called referrers) , (4) the subpages, (5) the date and time of access to the Internet site, (6) an Internet protocol address (IP address), (7) the Internet service provider of the accessing system and ( 8) other similar data and information that may be used in the event of attacks on our IT systems.
When using these general data and information, we do not draw any conclusions about the data subject. Rather, this information is necessary to (1) deliver the contents of our website correctly, (2) optimize the contents of our website and its advertising, (3) ensure the durability of our information technology systems and software technology. website and (4) provide the relevant authorities with the information necessary for criminal prosecution in the event of a cyber attack. We therefore analyze the anonymously collected data and information statistically, in order to increase the data protection and IT security of our company and to ensure an optimal level of protection for the personal data we process. The anonymous data in server log files is stored separately from any personal data provided by a data subject.

Rights of the interested party
a.) Right of confirmation
Each data subject shall have the right granted by the European legislator to obtain from the controller confirmation as to whether or not personal data concerning him or her are being processed. If a data subject wishes to exercise this right of confirmation, he or she may at any time contact any employee of the controller.
b.) Right of access
Each data subject shall have the right granted by the European legislator to obtain from the controller free information about his or her personal data stored at any time and a copy of this information. Furthermore, European directives and regulations grant the data subject access to the following information:
- the purposes of the processing;
- the categories of personal data concerned;
- the recipients or categories of recipients to whom the personal data have been or will be communicated, in particular recipients in third countries or international organisations;
- if possible, the expected period for which the personal data will be stored or, if this is not possible, the criteria used to determine this period;
- the existence of the right to ask the data controller to rectify or delete personal data or limit the processing of personal data concerning him or her, or to object to such processing;
- the existence of the right to lodge a complaint with a supervisory authority;
- if the personal data were not collected from the interested party, all available information on their origin;
- the existence of automated decision-making processes, including profiling, referred to in Article 22, paragraphs 1 and 4, of the GDPR and, at least in such cases, significant information on the logic used, as well as the importance and expected consequences of such treatment for the interested party.

Furthermore, the data subject shall have the right to obtain information as to whether personal data are transferred to a third country or to an international organisation. In the event of a transfer, the interested party has the right to be informed about the appropriate guarantees relating to the transfer.
If a data subject wishes to avail himself of this right of access, he or she may at any time contact any employee of the controller.
c.) Right of rectification
Each data subject shall have the right granted by the European legislator to obtain from the controller, without undue delay, the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the interested party has the right to obtain the integration of incomplete personal data, including by submitting a supplementary declaration.

If a data subject wishes to exercise this right to rectification, he or she may at any time contact any employee of the controller.
d.) Right to erasure (Right to be forgotten)
Each data subject shall have the right granted by the European legislator to obtain from the controller the erasure of personal data concerning him or her without undue delay, and the controller shall have the obligation to erase such personal data without undue delay where one of the following grounds applies. , provided that treatment is not necessary:
- The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
- The interested party revokes the consent on which the processing is based based on Article 6, paragraph 1, point (a) of the GDPR, or Article 9, paragraph 2, point (a) of the GDPR, and there is no other legal basis for the processing.
- The interested party objects to the processing pursuant to Article 21, paragraph 1, of the GDPR and there is no overriding legitimate reason to proceed with the processing, or the interested party objects to the processing pursuant to Article 21, paragraph 2, of the GDPR.
- The personal data has been processed unlawfully.
- The personal data must be erased for compliance with a legal obligation under Union or Member State law to which the controller is subject.
- The personal data were collected in relation to the offer of information society services referred to in Article 8, paragraph 1, of the GDPR.
If one of the aforementioned reasons applies, and a data subject wishes to request the erasure of personal data stored by us, he or she may at any time contact any employee of the controller. An employee will promptly ensure that the erasure request is executed immediately.

If the controller has made personal data public and is obliged pursuant to Article 17(1) of the GDPR to erase such personal data, the controller, taking into account available technologies and implementation costs, will take reasonable measures, including technical measures, to inform other controllers processing the personal data that the data subject has requested erasure, so that they delete any links to, or copies or duplicates of, those personal data, as long as processing is not required. An employee will organize the necessary measures in individual cases.
e.) Right to limit processing
Each data subject shall have the right granted by the European legislator to obtain from the controller restriction of processing where one of the following applies:
- The accuracy of the personal data is contested by the interested party, for a period allowing the data controller to verify the accuracy of the personal data.
- The processing is unlawful and the interested party opposes the deletion of the personal data and instead requests the limitation of their use.
- The data controller no longer needs the personal data for the purposes of the processing, but they are required by the interested party for the establishment, exercise or defense of legal claims.
- The interested party has objected to the processing pursuant to Article 21, paragraph 1, of the GDPR pending verification whether the legitimate reasons of the data controller prevail over those of the interested party.

If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of the processing of personal data stored by us, he or she may at any time contact any employee of the controller. The employee will arrange the restriction of processing.
f.) Right to data portability
Each data subject shall have the right granted by the European legislator, to receive the personal data concerning him or her, which was provided to a controller, in a structured, commonly used and machine-readable format. You have the right to transmit such data to another data controller without impediments from the data controller to whom the personal data were provided, provided that the processing is based on consent pursuant to Article 6, paragraph 1, point (a ) of the GDPR or Article 9, paragraph 2, point (a) of

Furthermore, in exercising his or her right to data portability pursuant to Article 20(1) of the GDPR, the data subject shall have the right to have personal data transmitted directly from one controller to another, where this is technically feasible and does not adversely affect the rights and freedoms of others.

In order to exercise the right to data portability, the data subject may contact an employee at any time.
g.) Right of opposition
Each data subject shall have the right granted by the European legislator to object, on grounds relating to his or her particular situation, at any time, to processing of personal data concerning him or her, which is based on point (e) or (f) of Article 6(1) of the GDPR. This also applies to profiling based on these provisions.

We will 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 establishment, exercise or defense of legal actions.

If we process personal data for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing purposes. This also applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to the processing for direct marketing purposes, we will no longer process the personal data for these purposes.

Furthermore, the interested party has the right, for reasons relating to his particular situation, to object to the processing of personal data concerning him for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the GDPR , unless the processing is necessary for the performance of a task carried out for reasons of public interest.

In order to exercise the right to object, the data subject may contact any employee. Furthermore, in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, the data subject is free to exercise his or her right to object by automated means using technical specifications.
h.) Automated individual decisions, including profiling
Each data subject shall have the right granted by the European legislator not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or significantly affects him or her, unless the decision ( 1) is not necessary for the conclusion or performance of a contract between the data subject and a data controller, or (2) is not authorized by Union or Member State law to which the data controller is subject and which also provides for adequate measures to protect the data subject's rights, freedoms and legitimate interests, or (3) is not 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 a data controller, or (2) it is based on the data subject's explicit consent, we will implement suitable measures to protect the rights, freedom and legitimate interests of the data subject, at least the right to obtain human intervention on the part of the data controller, to express his or her point of view and to contest the decision.

If the data subject wishes to exercise the rights concerning automated individual decision-making, he or she may, at any time, contact any employee.
i.) Right to withdraw data protection consent
Each data subject shall have the right granted by the European legislator to withdraw his or her consent to processing of his or her personal data at any time.

If the data subject wishes to exercise the right to withdraw consent, he or she may, at any time, contact any employee.
Legal basis of the processing
Art. 6(1) letter. a GDPR serves as the legal basis for processing operations for 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 party, as is the case, for example, when processing operations are necessary for the supply of goods or to provide any other service, the processing is based on Article 6, paragraph 1, letter. b GDPR. The same applies to processing operations necessary for carrying out pre-contractual measures, for example in the case of inquiries relating to our products or services. Is our company subject to a legal obligation by which processing of personal data is required, such as for the fulfillment of tax obligations, the processing is based on Art. 6(1) letter. c GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or of another natural person. This would be the case, for example, if a visitor was injured in our company and his name, age, health insurance data or other vital information would have to be passed on to a doctor, hospital or other third party. Then the treatment would be based on art. 6(1) letter. d GDPR. Finally, processing operations could be based on Article 6(1) lit. f GDPR. This legal basis is used for processing operations which are not covered by any of the abovementioned legal grounds, if processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, unless such interests override the interests or fundamental rights and freedoms of the data subject which require protection of personal data. Such processing operations are particularly permitted because they have been specifically mentioned by the European legislator. He held that a legitimate interest can be assumed if the data subject is a client of the controller (Recital 47 Sentence 2 GDPR).
Periodic deletion and blocking of personal data
The data controller shall process and store the personal data of the data subject only for the period necessary to achieve the purpose of storage, or as far as this is granted by the European legislator or other legislators in laws or regulations to which the controller is subject to of the treatment.
If the storage purpose is not applicable, or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data are routinely blocked or erased in accordance with legal requirements.
The legitimate interests pursued by the data controller or by third parties
If the processing of personal data is based on Article 6(1) lit. f GDPR our legitimate interest is to carry out our business for the well-being of all our employees and shareholders.
Personal data retention period
The criteria used to determine the retention period of personal data are the respective retention periods required by law. After expiration of that period, the corresponding data is routinely deleted, as long as it is no longer necessary for the fulfillment of the contract or the initiation of a contract.

Provision of personal data as a legal or contractual obligation; Necessary requirement to enter into a contract; Obligation of the interested party to provide personal data; possible consequences of failure to provide such data

We clarify that the provision of personal data is partly required by law (e.g. tax regulations) or can also result from contractual provisions (e.g. information on the contractual partner). Sometimes it may be necessary to conclude a contract that the data subject provides us with personal data, which must subsequently be processed by us. The data subject is, for example, obliged to provide us with personal data when our company signs a contract with him or her. Failure to provide personal data would result in the impossibility of concluding the contract with the interested party. Before personal data is provided by the data subject, the data subject must contact any employee.

The employee clarifies to the data subject 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 the consequences of failure to provide the personal data.
Payment Method: Data protection provisions about the use of PayPal as a payment processor
On this website, the controller has integrated components from PayPal. PayPal is an online payment service provider. Payments are processed via PayPal accounts, which represent private or business virtual accounts. PayPal is also able to process virtual payments via credit cards when a user does not have a PayPal account. A PayPal account is managed via an email address, which is why there are no classic account numbers. PayPal allows you to activate online payments to third parties or receive payments. PayPal also accepts fiduciary functions and offers buyer protection services.

PayPal's European operating company is PayPal (Europe) S.à.rl & Cie. SCA, 22-24 Boulevard Royal, 2449 Luxembourg, Luxembourg.

If the data subject chooses "PayPal" as the payment option in the online shop during the ordering process, we automatically transmit the data of the data subject to PayPal. By selecting this payment option, the data subject consents to the transfer of personal data necessary for payment processing.

The personal data transmitted to PayPal is usually first name, last name, address, e-mail address, IP address, telephone number, mobile phone number or other data necessary for payment processing. The processing of the purchase contract also requires such personal data, which is in connection with the respective order.

The transmission of data is for the purpose of payment processing and fraud prevention. The controller will transfer personal data to PayPal, in particular, if a legitimate interest in the transmission exists. The personal data exchanged between PayPal and the data controller will be transmitted by PayPal to the economic credit agencies. This transmission is intended for identity and credit checks.

PayPal will, if necessary, pass on personal data to affiliates and service providers or subcontractors insofar as this is necessary to fulfill contractual obligations or to process the data in the order.

The interested party has the possibility to revoke PayPal's consent to the processing of personal data at any time. A revocation shall not have any effect on personal data which must be processed, used or transmitted in accordance with (contractual) payment processing.

The applicable data protection provisions of PayPal may be retrieved under https://www.paypal.com/us/webapps/mpp/ua/privacy-full.
Registration on our website
The data subject has the possibility to register on the website of the controller with the indication of personal data. Which personal data is transmitted to the controller is determined by the respective input mask used for the registration. The personal data entered by the data subject are collected and stored exclusively for internal use by the data controller and for his own purposes. The controller may request transfer to one or more processors (e.g. a parcel service) that also uses personal data for an internal purpose which is attributable to the controller.

By registering on the website of the controller, the IP address—assigned by the Internet service provider (ISP) and used by the data subject—date, and time of the registration are also stored. The storage of this data takes place in view of the fact that this is the only way to prevent the misuse of our services and, if necessary, to enable the investigation of committed crimes. Therefore, the storage of this data is necessary to protect the controller. This data is not passed on to third parties unless there is a legal obligation to pass on the data or if the transfer serves the aim of criminal proceedings.

The registration of the data subject, with the voluntary indication of personal data, is intended to enable the data controller to offer the data subject contents or services that may only be offered to registered users due to the nature of the matter in question. Registered persons are free to change the personal data specified during registration at any time or to have it completely deleted from the data stock of the controller.

The data controller shall, at any time, provide information upon request to each data subject as to what personal data are stored about the data subject. Furthermore, the data controller shall correct or erase personal data at the request or indication of the data subject, unless there are no statutory storage obligations. All employees of the controller are available to the data subject in this regard as contact persons.
Subscription to the Newsletter
On our website, users have the opportunity to subscribe to our company's newsletter. The input mask used for this purpose determines what personal data are transmitted, as well as when the newsletter is ordered from the controller.

We regularly inform our customers and business partners via a newsletter about company offers. The enterprise newsletter may only be received by the data subject if (1) the data subject has a valid e-mail address and (2) the data subject registers for the newsletter shipping. A confirmation e-mail will be sent to the e-mail address registered by a data subject for the first time for newsletter shipping, for legal reasons, in the double opt-in procedure. This confirmation e-mail is used to prove whether the owner of the e-mail address as the data subject is authorized to receive the newsletter.

During the registration for the newsletter, we also store the IP address of the computer system assigned by the Internet Service Provider (ISP) and used by the data subject at the time of the registration, as well as the date and time of the registration. The collection of this data is necessary in order to understand the (possible) misuse of the e-mail address of a data subject at a later date, and it therefore serves the aim of the legal protection of the controller.

The personal data collected as part of the newsletter registration will be used exclusively for sending our newsletter. Furthermore, subscribers to the newsletter may be informed by e-mail, as long as this is necessary for the operation of the newsletter service or a registration in question, as this could be the case in the event of changes to the newsletter offer, or in the event of of changes in technical circumstances. There is no provision for any transfer of personal data collected by the newsletter service to third parties. The subscription to our newsletter may be terminated by the data subject at any time. The consent to the storage of personal data, which the data subject has given for the purpose of sending the newsletter, may be revoked at any time. For the purpose of revoking consent, a corresponding link can be found in each newsletter. It is also possible to unsubscribe from the newsletter at any time directly on the website of the data controller, or to communicate this to the owner in another way.
Newsletter tracking
Our newsletters contain tracking pixels. A tracking pixel is a miniature graphic embedded in such emails, which are sent in HTML format to enable log file recording and analysis. This allows for a statistical analysis of the success or failure of online marketing campaigns. Based on the embedded tracking pixel, we may see if and when an e-mail was opened by a data subject, and which links in the e-mail were called up by data subjects.

Such personal data collected in the tracking pixels contained in the newsletters are stored and analyzed by the data controller in order to optimize the shipping of the newsletter, as well as to adapt the content of future newsletters even better to the interests of the data subject. This personal data will not be passed on to third parties. Interested parties have the right to revoke their declaration of consent to receive newsletters at any time.

After a revocation, these personal data will be deleted by the controller. We automatically consider a withdrawal from receiving the newsletter as a revocation.
Possibility of contact via the website
Our website contains information that enables quick electronic contact to our company, as well as direct communication with us via an e-mail address. If a data subject contacts the controller by e-mail or via a contact form, the personal data transmitted by the data subject are automatically stored. Such personal data transmitted on a voluntary basis by a data subject to the data controller are stored for the purpose of processing or contacting the data subject. There is no transfer of this personal data to third parties
Comments function in the blog on the website
We offer users the possibility to leave individual comments on individual blog contributions on a blog, which is on the website of the controller. A blog is a web-based, publicly accessible portal through which one or more people called bloggers or web-bloggers can publish articles or write thoughts in blog posts. Blog posts can usually be commented on by third parties.

If a data subject leaves a comment on the blog published on this website, the comments made by the data subject are also stored and published, as well as information on the date of the comment and on the user (pseudonym) chosen by the data subject. In addition, the IP address assigned by the Internet Service Provider (ISP) to the data subject is also logged. This storage of the IP address takes place for security reasons, and in case the data subject violates the rights of third parties, or posts illegal content through a given comment. The storage of this personal data is, therefore, in the data controller's own interest, so that he can exculpate himself in the event of a violation.

This collected personal data will not be passed to third parties, unless such transfer is required by law or serves the aim of the defense of the controller.