Data protection notice

Data protection notice

Thank you for being interested in our website and our company. Despite careful control we cannot assume liability for external links to foreign contents. The protection of your person-related data with the evaluation, processing and usage with your visit at our website is important to us. Your data are protected in the scope of the legal provisions. In the following you find information on the kind of data that are collected during your visit at our website and how these are used:

 

 

Data Protection Information

The following data protection information provides you with information about the personal data (Article 4, number 1 of the GDPR) processed by Tesch mediafinanz GmbH as a controller under the data protection law (Article 4, number 7 of the GDPR) at www.mediafinanz.de as well as the purposes and legal foundations this processing (Article 4, number 2 of the GDPR) is based on. By means of providing this information, Tesch mediafinanz GmbH also complies with their obligations to provide information under the data protection law that the controller is subject to in accordance with Articles 12 and 13 of the GDPR in the case of collecting the data subject’s data (in this case the visitor of the website www.mediafinanz.de and new customers who would like to assign through the web portal receivables to us for collection or to receive information regarding the creditworthiness and investigation results of external service providers).

 

 

Information in accordance with Article 13 of the GDPR

Identity of the controller:

Tesch mediafinanz GmbH, represented by Christof Kahlert, Weiße Breite 5, 49084 Osnabrück, Germany, is the controller as defined by Article 4, number 7 of the GDPR regarding data collections through www.mediafinanz.de.

 

Data protection officer:

The data protection officer of Tesch mediafinanz GmbH may be contacted at Tesch mediafinanz GmbH, Weiße Breite 5, 49084 Osnabrück, Germany, datenschutz.tmf@lowellgroup.de.

 

Categories of personal data that are processed:

  • Contact and address data, such as the form of address, the name and surname of the orderer of products, the name of the office or company, house number, street, postcode, city/town, country
  • Communication data, e-mail address, telephone number, telefax number of the customer, debtors, persons who address enquiries to us through contact forms
  • Payment information, such as bank details (IBAN, BIC, financial institution), voucher code
  • Fiscal data, such as information regarding the entitlement to deduct input tax
  • Login and user data
  • Visitors’ data, IP addresses, data regarding the devices and domains of the visitors and purchasers, data and time of an enquiry, time zone difference to the Greenwich Mean Time (GMT), content of the request (specific page), access status / HTTP status code, amount of data transferred in each case, website the request originates from, browser, operating system and its user interface, language and version of the browser software, path of the resource requested, information regarding the success or referral or error status of the request
  • Transient and persistent cookies, such as session cookies

 

Processing purposes:

Personal data is collected and processed by Tesch mediafinanz GmbH for the following purposes:

  • Administration of closed user groups such as debtors’ or creditors’ portals and user accounts provided for that purpose
  • Company and product presentation
  • Advertising, particularly direct advertising, in relation to parties interested in our services
  • Submission and delivery of e-mail newsletters
  • Submission of targeted offers depending on the interests or products and information already purchased/viewed
  • Handling of defences barring performance or rights
  • Agreements with debtors or third parties regarding the payment method
  • Provision of information
  • Corporate communication (PR)
  • Identification
  • Cost-benefit analysis of internet advertising
  • Optimisation of websites
  • Compliance with statutory duties to inform, duties to notify, duties to provide information and to preserve records
  • Debt collection
  • Enforcement of own claims for contract performance as well as claims of third parties or the group of companies
  • Reminder and payment request
  • Management of existing contracts (contract management)
  • Provision of information regarding the creditworthiness, address investigation, or other investigations results of external service providers

 

Information regarding the origin of data:

Personal data regarding the data subject is collected from the data subject (debtors, users of the website, customers of our company) and through third parties (particularly creditors).

 

Legal bases of the processing:

The following legal bases of the processing come into consideration:

If such a consent has been granted, the data subject is entitled to revoke it at any time, whereby the lawfulness of the processing performed on the basis of the consent until the revocation remains unaffected.

 

Criteria regarding the storage period:

Personal data is processed until the purpose of the collection or – in the case of the further processing – the further processing is completely achieved. If the purpose is achieved completely, the data will be erased. In addition, the controller has an examination and erasure concept which ensures the regular examination of the obligation to erase data. User data will be erased subsequent to a maximum period of six months after visiting the domain www.mediafinanz.de.

 

Recipients of personal data:

  • Members of the group of companies
  • Creditors
  • Debtors
  • Processors as defined by Article 28 of the GDPR
  • External providers of information or investigations
  • If applicable, cooperating debt collection agencies, also in member states of the European Union, in particular if a foreign element is involved

 

Your rights as data subject of the data processing:

In accordance with Articles 15 to 22 of the GDPR, you are entitled to the following rights vis-à-vis our company:

  • Right to access by the data subject, rectification, erasure, restriction of processing, and to data portability.
  • Right to object against processing operations that are based on justified interests of the controller or a third party (Article 6, subsection I, lit. f of the GDPR).

Right to complain to a supervisory authority

  • In accordance with Article 77 of the GDPR, you have the right to complain to a supervisory authority if you take the view that your personal data has been processed in an unlawful manner. The address of the supervisory authority responsible for our company is:

    Landesbeauftragte für den Datenschutz Niedersachsen
    Prinzenstraße 5, 30159 Hannover
    https://www.lfd.niedersachsen.de/wir_ueber_uns/impressum/impressum-56113.html

 

 

Further data protection information in accordance with Section 13 of the German Teleservices Act [Telemediengesetz, TMG]

Use of cookies

A cookie is a small file that is stored on the computer of a visitor as soon as the visitor accesses a website. If he/she accesses the website once again, the cookie indicates that this is a repeated visit. We transfer cookies by means of your web browser to the hard drive of your computer and may read them out during your current visit to our website and in the case of subsequent visits within one year. By means of the security settings of your browser, our cookies are protected against any readout by third parties. Cookies essentially serve the purpose of making the use of our web service for you as comfortable as possible. However, should you wish to deactivate the cookies, you may read using the help feature in the menu bar of your web browser which settings you need to make in order to prevent any storage of new cookies. There you will also receive information regarding further cookie settings, e.g. notice and warning functions regarding the deletion of existing cookies. In order to ensure an unrestricted and undisturbed use of our websites, we recommend keeping the cookie functions fully enabled.

 

Analyses – server data

Furthermore, information regarding the retrieved resources is stored on the application servers. This storage includes software error logs, if such errors occur. However, this storage does not include any references to the incoming requests. Thus, this is anonymised data that is collected exclusively for the purpose of error detection and error analysis. This data will be erased completely after 30 days.

The log data will be statically analysed exclusively for the recognition of attacks and their defence. Any further analyses will not be performed, nor will user profiles be generated or created.

 

Provision of a client portal

We provide the opportunity to registered clients to use a so-called client portal. In principle, the internet portal www.mediafinanz.de may be used without any registration and identification, i.e. anonymously.

The use of our client portal requires a prior registration. It is necessary to process personal data from you in order to enable customers as authenticated users to access client and debtor information and for performing business processes (booking and invoicing, billing of our services). In such cases, we collect the following data as mandatory information:

  • Form of address
  • Company name
  • Legal form
  • Name
  • Surname
  • Street with house number
  • Postcode
  • City/town
  • Country
  • E-mail address
  • Telephone number
  • Information regarding the entitlement to deduct input tax
  • Bank details (IBAN, BIC, account number, sort code, financial institution)
  • Time stamp (time at which the consent was granted) and proof of consent, if applicable

Your consent to the general terms and conditions will also be stored. Specifically, the time stamp (time at which the consent was granted) and the proof of consent, if applicable, will be stored for that purpose. If the consent to the general terms and conditions is not granted, the registration process may not be performed. The data related to the consent will be stored until the basis of the storage no longer exists.

Within the scope of the registration and the maintenance of the client portal, we additionally provide the opportunity to indicate the following information on a voluntary basis:

  • Other telephone number
  • Telefax
  • Voucher code
  • Website
  • Message function
  • Indication of a deviating contact person whereby the name, surname, telephone number, and e-mail address are stated
  • Indication of an individual password
  • E-mail address for notifications
  • Information about the company such as year of establishment, industry, responsible person
  • Information regarding the debt collection such as sales channels, number of debt collection cases per month, average amount of individual receivables, type of invoicing and reminders, number of reminders sent, types of payment offered
  • Information regarding the provability of the receivables in court, such as general terms and conditions, existing proofs of performance, shipping method of the goods, data verification
  • Standard software used

There is no obligation to provide this information.

If the registered client would like to receive the newsletter offered in the client portal in relation to the client’s account, we need this client’s confirmation that he/she grants his/her consent to the receipt of the newsletter. Further data will not be collected. You may revoke the consent you have granted to the receipt of the newsletter at any time, for example by selecting the option „No, I would not like to receive a newsletter“.

 

Enquiries via contact forms

On our website, we offer the opportunity for registered clients, debtors, new customers, and interested parties to contact us via a contact form. If you would like to use this opportunity, we will collect the following structured data as mandatory information:

  • Form of address
  • Surname
  • Name
  • Company name
  • Street with house number
  • Postcode
  • City/town
  • Country
  • Telephone number
  • E-mail address
  • Message function

The mandatory information collected via the contact form will be used exclusively for the purpose of contacting the person enquiring and for replying to specific requests.

In addition to the mandatory information, you may indicate further structured data. You may submit this data on a voluntary basis, i.e.:

  • Telefax number
  • Client number of the client
  • File number of the debtor

 

Forgotten passwords

Registered customers will have the opportunity to request a new password on our website. If you would like to make use of this opportunity, we will collect the following structured data as mandatory information:

  • E-mail address
  • Company name
  • Telephone number

 

 

 

 

Data protection information in accordance with Article 13 of the General Data Processing Regulation (GDPR)

 

Identity of the controller:

Tesch mediafinanz GmbH, Weiße Breite 5, 49084 Osnabrück, Germany

 

Data protection officer:

Tesch mediafinanz GmbH, Weiße Breite 5, 49084 Osnabrück, Germany,
datenschutz.tmf@lowellgroup.de

 

Processing purposes:

  • Receivables management;
  • Handling of payment transactions;
  • Credit rating and assessment, including investigations regarding the place of residence, income, and property of debtors or third parties affected;
  • Identification;
  • Examinations of conflicts of interests;
  • Collection of sums due;
  • Enforcement of our own claims for contract performance as well as claims of third parties or the group of companies;
  • Professional practice as debt collection service provider, factor or recipient of a security;
  • Fulfilling own statutory and contractual duties to provide information, duties to notify, duties to preserve records and other duties;
  • Reminder and payment request;
  • Fulfilling statutory duties to mitigate damages (Section 254, subsection 2 of the German Civil Code [Bürgerliches Gesetzbuch, BGB], Section 4, subsection 5 of the German Legal Services Act [Rechtsdienstleistungsgesetz, RDGEG]);
  • Handling of defences barring performance or rights;
  • Agreements with debtors or third parties regarding the payment method;
  • Obtaining an executory title regarding receivables;
  • Creation of enforcement instruments in relation to debtors in order for payment procedures or contentious proceedings;
  • Handling of receivables in connection with individual and comprehensive enforcements (insolvency);
  • Defence of avoidance claims, claims related to unjust enrichment or other counterclaims;
  • Management of existing contracts (contract management);
  • Scoring;
  • Valuation of receivables.

 

Legal bases of the processing:

The following legal bases of the processing come into consideration:

 

Criteria regarding the storage period:

Personal data is processed until the purpose of the collection or – in the case of the further processing – the further processing is completely achieved. If the purpose is achieved completely, the data will be erased.

 

Recipients of personal data:

  • Courts, authorities and/or enforcement bodies
  • Third party debtors
  • Providers and recipients of securities
  • Creditors of the data subject
  • Principals of the controller or the co-responsible person or the group of companies
  • Credit reporting agencies
  • Detective agencies (if necessary)
  • Members of the group of companies
  • Representatives/agents of legal and tax consulting professions, also in member states of the European Union, if the processing involves a foreign element related to these states
  • Cooperating debt collection agencies, also in member states of the European Union, in particular if a foreign element is involved

 

Your rights as data subject of the data processing:

In accordance with Articles 15 to 22 of the GDPR, you are entitled to the following rights vis-à-vis our company:

  • Right to access by the data subject, rectification, erasure, restriction of processing, and to data portability.
  • Right to object against processing operations that are based on justified interests of the controller or a third party (Article 6, subsection I, lit. f of the GDPR).
  •  

Right to complain to a supervisory authority

  • In accordance with Article 77 of the GDPR, you have the right to complain to a supervisory authority if you take the view that your personal data has been processed in an unlawful manner. The address of the supervisory authority responsible for our company is:

    Landesbeauftragte für den Datenschutz Niedersachsen
    Prinzenstraße 5, 30159 Hannover
    https://www.lfd.niedersachsen.de/wir_ueber_uns/impressum/impressum-56113.html

 

 

Information regarding your obligation as a data subject to provide data:

Within the scope of providing debt collection services, you as a data subject are in principle not obliged to provide us with personal data. However, if we assert in relation to you a claim arising from our own legal positions or the legal position of third parties and in connection with this, contractual agreements are concluded between you as debtor and our companies or a creditor represented by our company that concern the debt collection in the form of settlements (e.g. agreements regarding instalment payments), we may make the conclusion of a settlement conditional on the provision of specific information by you (e.g. information regarding creditworthiness and financial status, data regarding existing employment relationships, bank data) in individual cases. In this context, if you do not provide this information it may result in such agreements not being concluded. If you act as representative of a debtor or contact us within the scope of the performance of statutory duties in connection with the collection of sums due from debtors, e.g. as judicial officer [Gerichtsvollzieher], lawyer, insolvency administrator, carer or other representative of the debtor, we may request the provision of corresponding authorisations from you; in principle, you are not obliged to submit these. However, the failure to provide such authorisations may in individual cases result in the fact that we will not take the claimed authorisation into consideration. In order to provide the maximum transparency possible under the data protection law, we will notify of any possible obligation to provide information separately in individual cases and before the performance of the specific data collection.

 

 

 

 

 

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