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Privacy Policy

The protection of your data is very important to us

Privacy policy

We are delighted that you are interested in our company. Data protection is a particularly high priority for the management of PRO Fitness & Motivation GmbH. It is generally possible to use the PRO Fitness & Motivation GmbH website without providing any personal data. However, if a data subject wishes to use special services offered by our company via our website, it may be necessary to process personal data. If the processing of personal data is necessary and there is no legal basis for such processing, we generally obtain the consent of the data subject.

The processing of personal data, such as the name, address, email address, or telephone number of a data subject, is always carried out in accordance with the General Data Protection Regulation and in compliance with the country-specific data protection regulations applicable to PRO Fitness & Motivation GmbH. Through this privacy policy, our company wishes to inform the public about the nature, scope, and purpose of the personal data we collect, use, and process. Furthermore, this privacy policy informs data subjects about their rights. As the controller, PRO Fitness & Motivation GmbH has implemented numerous technical and organizational measures to ensure the most complete protection possible of the personal data processed via this website. Nevertheless, Internet-based data transmissions can generally have security gaps, so that absolute protection cannot be guaranteed. For this reason, every data subject is free to transmit personal data to us by alternative means, for example by telephone. Definitions The privacy policy of PRO Fitness & Motivation GmbH is based on the terms used by the European legislators in the General Data Protection Regulation (GDPR). Our privacy policy is intended to be accessible to the public and to provide clear and understandable information about our data processing practices. Motivation GmbH is based on the terminology used by the European legislators and regulators when enacting the General Data Protection Regulation (GDPR). Our privacy policy is intended to be easy to read and understand for the public as well as for our customers and business partners. To ensure this, we would like to explain the terms used in advance. 

We use the following terms in this privacy policy, among others:

  • a) Personal data
    Personal data is any information relating to an identified or identifiable natural person (hereinafter referred to as "data subject"). A natural person is considered identifiable if they can be identified directly or indirectly, in particular by association with an identifier such as a name, an identification number, location data, an online identifier, or one or more special characteristics that express the physical, physiological, genetic, psychological, economic, cultural, or social identity of that natural person. 
  • b)    data subject
    A data subject is any identified or identifiable natural person whose personal data is processed by the controller. Processing
    Processing means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
  • d)    Restriction of processing
    Restriction of processing is the marking of stored personal data with the aim of limiting their processing in the future.   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 that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location, or movements of that natural person.    Pseudonymization
    Pseudonymization 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 is not attributed to an identified or identifiable natural person.
  • g)    Controller or processor
    The controller or processor is the natural or legal person, public authority, agency, or other body that, 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)    Processor
    A processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller. Recipients
    Recipients are natural or legal persons, public authorities, agencies, or other bodies to whom personal data are disclosed, whether they are third parties or not. However, public authorities that may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be considered recipients.     Third party
    A third party is a natural or legal person, public authority, agency or another body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorized to process personal data. Consent
    Consent is any freely given, specific, informed, and unambiguous indication of the data subject's wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her. 

 

  1. Name and address of the controller

The controller within the meaning of the General Data Protection Regulation, other data protection laws applicable in the Member States of the European Union, and other provisions of a data protection nature is:

PRO Fitness & Motivation GmbH
Ennsweg 3
5550 Radstadt, Austria

Tel.: +43 316 375 061

Email: datenschutz@saschahuber.at

Website: www.saschahuber.at

  1. Cookies

The websites of PRO Fitness & Motivation GmbH use cookies. Cookies are text files that are stored on a computer system via an Internet browser. A cookie ID is a unique identifier for the cookie. It consists of a string of characters that can be used to assign websites and servers to the specific Internet browser in which the cookie was stored. This enables the websites and servers visited to distinguish the individual browser of the person concerned from other Internet browsers that contain other cookies. A specific Internet browser can be recognized and identified via the unique cookie ID. By using cookies, PRO Fitness & Motivation GmbH can provide users of this website with more user-friendly services that would not be possible without the use of cookies.Cookies enable us to recognize users of our website. As already mentioned, cookies enable us to recognize users of our website. The purpose of this recognition is to make it easier for users to use our website. For example, users of a website that uses cookies do not have to re-enter their access data each time they visit the website, because this is done by the website and the cookie stored on the user's computer system. Another example is the cookie for a shopping cart in an online shop. The online shop uses a cookie to remember the items that a customer has placed in their virtual shopping cart. The data subject can prevent the setting of cookies by our website at any time by means of a corresponding setting in the Internet browser used and thus permanently object to 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 common 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 general data and information Motivation GmbH collects a range of general data and information each time the website is accessed by a data subject or an automated system. This general data and information is stored in the server log files. The following may be collected: (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 referrer), (4) the sub-websites that are accessed via an accessing system on our website, (5) the date and time of access to the website, (6) an Internet Protocol address (IP address), (7) the Internet service provider of the accessing system, and (8) other similar data and information that serves to avert danger in the event of attacks on our information technology systems.

When using this general data and information, PRO Fitness & Motivation GmbH does not draw any conclusions about the data subject. Rather, this information is required in order to (1) deliver the content of our website correctly, (2) optimize the content of our website and the advertising for it, (3) ensure the long-term functionality of our information technology systems and the technology of our website, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in the event of a cyberattack. This anonymously collected data and information is evaluated by PRO Fitness & Motivation GmbH for statistical purposes and also with the aim of increasing data protection and data security in our company in order to ultimately ensure an optimal level of protection for the personal data we process. The anonymous data in the server log files is stored separately from all personal data provided by a data subject.p>

  1. Registration on our website

The data subject has the option of registering on the website of the controller by providing personal data. Which personal data is transmitted to the controller is determined by the respective input mask used for registration. The personal data entered by the data subject is collected and stored exclusively for internal use by the controller and for its own purposes. The controller may arrange for the data to be passed on to one or more processors, for example a parcel service provider, who also uses the personal data exclusively for internal use attributable to the controller.

When registering on the website of the controller, the IP address assigned by the data subject's Internet service provider (ISP), the date and the time of registration are also stored. This data is stored because it is the only way to prevent misuse of our services and, if necessary, to enable the investigation of criminal offenses. In this respect, the storage of this data is necessary to protect the controller. This data will not be passed on to third parties unless there is a legal obligation to do so or the disclosure serves the purpose of criminal prosecution.

The registration of the data subject by voluntarily providing personal data serves the purpose of the controller to offer the data subject content or services that, due to the nature of the matter, can only be offered to registered users. Registered persons are free to change the personal data provided during registration at any time or to have it completely deleted from the data controller's database. The data controller will provide each data subject with information about which personal data is stored about them at any time upon request. Furthermore, the controller shall correct or delete personal data at the request or on the instruction of the data subject, provided that this does not conflict with any legal retention obligations. All employees of the controller are available to the data subject as contact persons in this regard.strong>

  1. Subscription to our newsletter

On the website of PRO Fitness & Motivation GmbH, users are given the opportunity to subscribe to our company's newsletter. The personal data transmitted to the controller when ordering the newsletter is determined by the input mask used for this purpose.p>

PRO Fitness & Motivation GmbH informs its customers and business partners about the company's offers at regular intervals by means of a newsletter. The newsletter of our company can only be received by the data subject if (1) the data subject has a valid email address and (2) the data subject registers for the newsletter. For legal reasons, a confirmation email is sent to the email address entered by a data subject for the first time for the newsletter dispatch in a double opt-in procedure. This confirmation email serves to verify that the owner of the email address has authorized the receipt of the newsletter as the data subject.

When registering for the newsletter, we also store the IP address assigned by the Internet service provider (ISP) to the computer system used by the data subject at the time of registration, as well as the date and time of registration. The collection of this data is necessary in order to(possible) misuse of the email address of a data subject at a later date and therefore serves to provide legal protection for the controller. The personal data collected as part of the newsletter registration process is used exclusively for sending our newsletter. Furthermore, subscribers to the newsletter may be informed by email if this is necessary for the operation of the newsletter service or for registration in this regard, as may be the case in the event of changes to the newsletter offer or changes to the technical conditions. The personal data collected as part of the newsletter service will not be passed on to third parties. The data subject can unsubscribe from our newsletter at any time. The consent to the storage of personal data that the data subject has given us for the purpose of sending the newsletter can be revoked at any time. For the purpose of revoking consent, a corresponding link can be found in every newsletter. Furthermore, it is also possible to unsubscribe from the newsletter at any time directly on the website of the controller or to inform the controller in another way.

 

  1. Newsletter tracking

The newsletters of PRO Fitness & Motivation GmbH contain so-called tracking pixels. A tracking pixel is a miniature graphic that is embedded in emails sent in HTML format to enable log file recording and log file analysis. This allows a statistical evaluation of the success or failure of online marketing campaigns to be carried out. Using the embedded tracking pixel, PRO Fitness & Motivation GmbH can determine whether and when an email was opened by a data subject and which links in the email were clicked on by the data subject. Such personal data collected via the tracking pixels contained in the newsletters is stored and evaluated by the controller in order to optimize the newsletter dispatch and to tailor 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. Data subjects are entitled to revoke the separate declaration of consent given via the double opt-in procedure at any time. After revocation, this personal data will be deleted by the controller. PRO Fitness & Motivation GmbH automatically interprets unsubscribing from the newsletter as revocation. 

 

  1. Contact option via the website

Due to legal regulations, the website of PRO Fitness & Motivation GmbH website contains information that enables quick electronic contact with our company and direct communication with us, which also includes a general address for so-called electronic mail (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 is automatically stored. Such personal data transmitted on a voluntary basis by a data subject to the controller is stored for the purpose of processing or contacting the data subject. This personal data is not passed on to third parties.

  1. Subscription to comments on the blog on the website

Comments posted on the PRO Fitness & Motivation GmbH blog can generally be subscribed to by third parties. In particular, it is possible for a commenter to subscribe to comments following their comment on a specific blog post.

If a data subject chooses to subscribe to comments, the controller sends an automatic confirmation email to verify, using a double opt-in procedure, that the owner of the email address provided has actually chosen this option. The option to subscribe to comments can be terminated at any time. 

 

  1. Routine deletion and blocking of personal data

The controller processes and stores personal data of the data subject only for the period necessary to achieve the purpose of storage or as provided for by the European legislator or another legislator in laws or regulations to which the controller is subject.

If the purpose of storage no longer applies or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data is routinely blocked or deleted in accordance with the statutory provisions.p>

 

  1. Rights of the data subject
  • a)    Right to confirmation
    Every data subject has the right granted by the European legislator to obtain from the controller confirmation as to whether or not personal data concerning them are being processed. If a data subject wishes to exercise this right to confirmation, they may contact an employee of the controller at any time.
  • b) Right to information
    Every data subject affected by the processing of personal data has the right granted by the European Directive and Regulation to obtain, at any time and free of charge, information from the controller about the personal data stored about them and a copy of this information. Furthermore, the European Directiveand regulation makers have granted the data subject the right to information on the following:
    • the purposes of the processing
    • the categories of personal data being processed
    • the recipients or categories of recipients to whom the personal data has been or will be disclosed, in particular to recipients in third countries or international organizations
    • where possible, the planned duration for which the personal data will be stored or, if this is not possible, the criteria for determining this duration
    • the existence of a right to rectification or erasure of personal data concerning them or to restriction of processing by the controller or a right to object to such processing
    • the existence of a right to lodge a complaint with a supervisory authority
    • where the personal data are not collected from the data subject: All available information on the origin of the data. The existence of automated decision-making, including profiling, pursuant to Article 22(1) and (4) of the GDPR and, at least in these cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject. Furthermore, the data subject has the right to obtain information about whether whether personal data has been transferred to a third country or to an international organization. If this is the case, the data subject also has the right to obtain information about the appropriate safeguards in connection with the transfer. If a data subject wishes to exercise this right of access, they can contact an employee of the controller at any time.Right to rectification
      Every data subject affected by the processing of personal data has the right, granted by European directives and regulations, to request the immediate rectification of inaccurate personal data concerning them. Furthermore, the data subject has the right, taking into account the purposes of the processing, to request the completion of incomplete personal data — including by means of a supplementary statement. If a data subject wishes to exercise this right of rectification, they may contact an employee of the controller at any time.
    • d) Right to erasure (right to be forgotten)
      Every data subject affected by the processing of personal data has the right granted by European directives and regulations to to request that the controller delete personal data concerning them without delay, provided that one of the following reasons applies and insofar as the processing is not necessary:
      • The personal data has been collected or otherwise processed for purposes for which it is no longer necessary.
      • The data subject withdraws their consent on which the processing was based in accordance with Art. 6 (1) (a) GDPR or Art. 9 (2) (a) GDPR, and there is no other legal basis for the processing.
      • The data subject objects to the processing pursuant to Art. 21(1) GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Art. 21(2) GDPR.
      • The personal data has been processed unlawfully. 
      • The erasure of the personal data is necessary for compliance with a legal obligation in Union or Member State law to which the controller is subject. 
      • The personal data has been collected in relation to information society services offered in accordance with Art. 8(1) of the GDPR. If one of the above reasons applies and a data subject wishes to have personal data stored by PRO Fitness & Motivation GmbH deleted, they can contact an employee of the controller at any time. The employee of PRO Fitness & Motivation GmbH will ensure that the request for deletion is complied with immediately. If the personal data has been made public by PRO Fitness & Motivation GmbH and our company is obliged to delete the personal data as the controller in accordance with Art. 17 (1) GDPR, PRO Fitness & Motivation GmbH will take appropriate measures, including technical measures, taking into account the available technology and implementation costs, to ensure that other controllers who process the published personal data also delete or anonymize it. Motivation GmbH will take appropriate measures, including technical measures, taking into account the available technology and implementation costs, to inform other controllers who process the published personal data that the data subject has requested these other data controllers to delete all links to this personal data or copies or replications of this personal data, unless the processing is necessary. The employee of PRO Fitness & Motivation GmbH will take the necessary steps in each individual case. 
    • e)    Right to restriction of processing
      Any person affected by the processing of personal data has the right granted by the European Directiveand Regulation to request the controller to restrict processing if one of the following conditions is met:
      • The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data.
      • The processing is unlawful, the data subject opposes the erasure of the personal data and requests the restriction of their use instead.
      • The data subject has objected to the processing pursuant to Art. 21 (1) GDPR and it is not yet clear whether the legitimate reasons of the controller outweigh those of the data subject.If one of the above conditions is met and a data subject wishes to request the restriction of personal data stored by PRO Fitness & Motivation GmbH, they may contact an employee of the controller at any time. The employee of PRO Fitness & Motivation GmbH will arrange for the processing to be restricted.
    • f) Right to data portability
      Every data subject affected by the processing of personal data has the right, granted by the European legislator, to receive the personal data concerning them, which they have provided to a controller, in a structured, commonly used, and machine-readable format. They also have the right to transmit this data to another controller without hindrance from the controller to whom the personal data was provided, provided that the processing is based on consent pursuant to Art. 6 para. 1(a) GDPR or Art. 9(2)(a) GDPR or on a contract pursuant to Art. 6(1)(b) GDPR and the processing is carried out using automated means, unless the processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.Furthermore, when exercising their right to data portability pursuant to Art. 20 (1) GDPR, the data subject has the right to have the personal data transmitted directly from one controller to another, where technically feasible and provided that this does not adversely affect the rights and freedoms of others.To assert their right to data portability, the data subject may contact an employee of PRO Fitness & Motivation GmbH at any time.
    • g) Right to object
      Any person affected by the processing of personal data has the right, granted by the European legislator, to object at any time, on grounds relating to their particular situation, to the processing of personal data concerning them which is based on Article 6(1)(e) or (f) of the GDPR. This also applies to profiling based on these provisions. In the event of an objection, PRO Fitness & Motivation GmbH will no longer process the personal data unless we can demonstrate compelling legitimate grounds for the processing that override the interests, rights, and freedoms of the data subject, or the processing serves to assert, exercise or defense of legal claims. If PRO Fitness & Motivation GmbH processes personal data for the purpose of direct marketing, the data subject has the right to object at any time to the processing of personal data for the purpose of such marketing. This also applies to profiling insofar as it is related to such direct marketing. If the data subject objects to PRO Fitness & Motivation GmbH Motivation GmbH to the processing for direct marketing purposes, PRO Fitness & Motivation GmbH will no longer process the personal data for these purposes. In addition, the data subject has the right to object, on grounds relating to their particular situation, to the processing of personal data concerning them that is carried out by PRO Fitness & Motivation GmbH for scientific or historical research purposes or for statistical purposes in accordance with Art. 89 (1) GDPR, unless such processing is necessary for the performance of a task carried out for reasons of public interest. Motivation GmbH for scientific or historical research purposes or for statistical purposes in accordance with Art. 89 (1) GDPR, unless such processing is necessary for the performance of a task carried out in the public interest. To exercise the right to object, the data subject may contact any employee of PRO Fitness & Motivation GmbH or another employee directly. The data subject is also free to exercise their right to object in relation to the use of information society services, notwithstanding Directive 2002/58/EC, by means of automated procedures using technical specifications.   Automated individual decision-making, including profiling
      Every data subject has 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 similarly significantly affects him or her, unless the decision (1) is necessary for entering into, or performance of, a contract between the data subject and the controller, or (2) is authorized by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, or (3) is based on the explicit consent of the data subject. If the decision (1) is necessary for entering into, or performance of, a contract between the data subject and the controller, or (2) is based on the explicit consent of the data subject, PRO Fitness & Motivation GmbH shall implement suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, which includes at least the right to obtain human intervention on the part of the controller, to express one's own point of view, and to contest the decision. If the data subject wishes to assert rights in relation to automated decisions, they may contact an employee of the controller responsible for processing at any time.nbsp;   Right to withdraw consent under data protection law
      Any person affected by the processing of personal data has the right, granted by European directives and regulations, to withdraw their consent to the processing of personal data at any time.If the data subject wishes to exercise their right to withdraw consent, they can contact an employee of the controller at any time. 
  •  
    1. Data protection provisions on the use of Facebook
  • The controller has integrated components of the Facebook company into this website. Facebook is a social network. A social network is a social meeting place operated on the Internet, an online community that generally allows users to communicate with each other and interact in a virtual space. A social network can serve as a platform for exchanging opinions and experiences or enable the Internet community to provide personal or company-related information. Facebook allows users of the social network to create private profiles, upload photos, and network via friend requests, among other things. Facebook is operated by Facebook, Inc., 1 Hacker Way, Menlo Park, CA 94025, USA. If a data subject lives outside the USA or Canada, the controller responsible for processing personal data is Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland.
  • Each time one of the individual pages of this website operated by the controller is accessed, on which a Facebook component (Facebook plug-in) has been integrated, the Internet browser on the information technology system of the data subject is automatically prompted by the respective Facebook component to download a display of the corresponding Facebookcomponent from Facebook. A complete overview of all Facebook plug-ins can be found at https://developers.facebook.com/docs/plugins/?locale=de_DE. As part of this technical process, Facebook receives information about which specific subpage of our website is visited by the data subject.p>
  • If the data subject is logged into Facebook at the same time, Facebook recognizes which specific subpage of our website the data subject is visiting each time the data subject accesses our website and for the entire duration of their stay on our website. This information is collected by the Facebook component and assigned by Facebook to the respective Facebook account of the data subject. If the person concerned clicks on one of the Facebook buttons integrated into our website, for example the "Like" button, or if the person concerned posts a comment, Facebook assigns this information to the personal Facebook user account of the person concerned and stores this personal data.Facebook always receives information via the Facebook component that the person concerned has visited our website if the person concerned is logged into Facebook at the same time as visiting our website; This happens regardless of whether the data subject clicks on the Facebook component or not. If the data subject does not want this information to be transmitted to Facebook, they can prevent the transmission by logging out of their Facebook account before visiting our website.The data policy published by Facebook, which is available at https://de-de.facebook.com/about/privacy/, provides information about the collection, processing, and use of personal data by Facebook. It also explains the settings options Facebook offers to protect the privacy of the data subject. In addition, various applications are available that enable data transmission to Facebook to be suppressed. Such applications can be used by the data subject to suppress data transmission to Facebook.
  •  
    1. Privacy policy on the use of Google AdSense
  • The controller has integrated Google AdSense into this website. Google AdSense is an online service that enables the placement of advertisements on third-party websites. Google AdSense is based on an algorithm that selects the advertisements displayed on third-party websites to match the content of the respective third-party website. Google AdSense allows interest-based targeting of Internet users, which is implemented by generating individual user profiles.
  • The operating company of the Google AdSense component is Google Ireland Limited, Gordon House, Barrow Street, Dublin, D04 E5W5, Ireland. 
  • The purpose of the Google AdSense component is to integrate advertisements on our website. Google AdSense sets a cookie on the information technology system of the data subject. What cookies are has already been explained above. Setting the cookie enables Alphabet Inc. to analyze the use of our website. Each time one of the individual pages of this website, which is operated by the controller and on which a Google AdSense component has been integrated, is accessed, the Internet browser on the information technology system of the data subject is automatically prompted by the respective Google AdSense component to transmit data to Alphabet Inc. for the purpose of online advertising and commission settlement. As part of this technical process, Alphabet Inc. obtains knowledge of personal data, such as the IP address of the data subject, which Alphabet Inc. uses, among other things, to track the origin of visitors and clicks and subsequently enable commission settlements. The data subject can prevent the setting of cookies by our website as described above, at any time by adjusting the settings of the Internet browser used and thus permanently object to the setting of cookies. Such a setting of the Internet browser used would also prevent Alphabet Inc. from setting a cookie on the information technology system of the data subject. In addition, a cookie already set by Alphabet Inc. can be deleted at any time via the Internet browser or other software programs.
  • Google AdSense also uses so-called tracking pixels. A tracking pixel is a miniature graphic that is embedded in websites to enable log file recording and log file analysis, which allows statistical evaluation to be carried out. Using the embedded tracking pixel, Alphabet Inc. can recognize whether and when a website was opened by a data subject and which links were clicked on by the data subject. Tracking pixels are used, among other things, to evaluate the visitor flow of a website. Personal data and information, including the IP address, which is necessary for the collection and billing of the advertisements displayed, is transferred to Alphabet Inc. in the United States of America via Google AdSense. This personal data is stored and processed in the United States of America. Alphabet Inc. may pass on this personal data collected via technical procedures to third parties. Google AdSense is explained in more detail at this link: https://www.google.de/intl/de/adsense/start/.
  •  
    1. Privacy policy regarding the use of Google Analytics (with anonymization function)
  • The controller has integrated the Google Analytics component (with anonymization function) into this website. Google Analytics is a web analytics service. Web analysis is the collection, gathering, and evaluation of data about the behavior of visitors to websites. A web analysis service collects, among other things, data about which website a data subject came to a website from (so-called referrer), which subpages of the website were accessed or how often and for how long a subpage was viewed. Web analysis is mainly used to optimize a website and for cost-benefit analysis of internet advertising.
  • The operating company of the Google Analytics component is Google Ireland Limited, Gordon House, Barrow Street, Dublin, D04 E5W5, Ireland. 
  • The controller uses the addition "_gat._anonymizeIp" for web analysis via Google Analytics. This suffix is used by Google to shorten and anonymize the IP address of the data subject's Internet connection when accessing our website from a member state of the European Union or from another state party to the Agreement on the European Economic Area. The purpose of the Google Analytics component is to analyze visitor traffic on our website. Google uses the data and information obtained to evaluate the use of our website, to compile online reports for us showing the activities on our website, and to provide other services related to the use of our website. Google Analytics places a cookie on the information technology system of the data subject. What cookies are has already been explained above. By setting the cookie, Google enables an analysis of the use of our website. Each time one of the individual pages of this website, which is operated by the controller and on which a Google Analytics component has been integrated, is accessed, the Internet browser on the information technology system of the data subject is automatically prompted by the respective Google Analytics component to transmit data to Google for the purpose of online analysis. As part of this technical process, Google obtains knowledge of personal data, such as the IP address of the data subject, which Google uses, among other things, to track the origin of visitors and clicks and subsequently enable commission settlements.p>
  • The cookie is used to store personal information, such as the access time, the location from which access originated, and the frequency of visits to our website by the data subject. Each time our website is visited, this personal data, including the IP address of the Internet connection used by the data subject, is transmitted to Google in the United States of America. This personal data is stored by Google in the United States of America. Google may pass on this personal data collected via the technical process to third parties.p>
  • As described above, the data subject can prevent the setting of cookies by our website at any time by means of a corresponding setting in the Internet browser used and thus permanently object to the setting of cookies. Such a setting in the Internet browser used would also prevent Google from setting a cookie on the information technology system of the data subject. In addition, a cookie already set by Google Analytics can be deleted at any time via the Internet browser or other software programs. Furthermore, the data subject has the option of objecting to and preventing the collection of data generated by Google Analytics in relation to the use of this website and the processing of this data by Google. To do this, the data subject must download and install a browser add-on from the link https://tools.google.com/dlpage/gaoptout. This browser add-oninforms Google Analytics via JavaScript that no data and information relating to visits to websites may be transmitted to Google Analytics. The installation of the browser add-on is considered by Google as an objection. If the data subject's information technology system is deleted, formatted or reinstalled at a later date, the data subject must reinstall the browser add-on in order to deactivate Google Analytics. If the browser add-on is uninstalled or deactivated by the data subject or another person within their sphere of control, it is possible to reinstall or reactivate the browser add-on.
  • Further information and Google's applicable privacy policy can be found at https://www.google.de/intl/de/policies/privacy/ and http://www.google.com/analytics/terms/de.html. Google Analytics is explained in more detail at this link https://www.google.com/intl/de_de/analytics/.
  •  
    1. Privacy policy regarding the use of Google AdWords
  • The controller has integrated Google AdWords into this website. Google AdWords is an internet advertising service that allows advertisers to place ads in Google search engine results and on the Google advertising network. Google AdWords allows an advertiser to specify certain keywords in advance, which are then used to display an ad in Google's search engine results only when the user enters a keyword-relevant search result in the search engine. In the Google advertising network, the ads are distributed to relevant websites using an automatic algorithm and taking into account the predefined keywords. The operator of Google AdWords services is Google Ireland Limited, Gordon House, Barrow Street, Dublin, D04 E5W5, Ireland. The purpose of Google AdWords is to promote our website by displaying interest-relevant advertising on the websites of third-party companies and in the search engine results of the Google search engine, and to display third-party advertising on our website.
  • If a data subject accesses our website via a Google ad, Google stores a so-called conversion cookie on the data subject's information technology system. What cookies are has already been explained above. A conversion cookie loses its validity after thirty days and is not used to identify the data subject. The conversion cookie is used if the cookie has not yet expired, whether certain subpages, for example the shopping cart of an online shop system, were accessed on our website. The conversion cookie allows both us and Google to track whether a data subject who accessed our website via an AdWords ad generated a sale, i.e., completed or canceled a purchase.
  • The data and information collected through the use of the conversion cookie is used by Google to compile visit statistics for our website. We in turn use these visit statistics to determine the total number of users who were referred to us via AdWords ads, i.e. to determine the success or failure of the respective AdWords ad and to optimize our AdWords ads for the future. Neither our company nor other Google AdWords advertisers receive information from Google that could be used to identify the data subject.
  • The conversion cookie is used to store personal information, such as the websites visited by the data subject. Each time our website is visited, personal data, including the IP address of the Internet connection used by the data subject, is transmitted to Google in the United States of America. This personal data is stored by Google in the United States of America. Google may share this personal data collected through the technical process with third parties. The data subject can prevent the setting of cookies by our website, as described above, at any time by adjusting the settings of the Internet browser used and thus permanently objecting to the setting of cookies. Such a setting of the Internet browser used would also prevent Google from setting a conversion cookie on the information technology system of the data subject. In addition, a cookie already set by Google AdWords can be deleted at any time via the Internet browser or other software programs.p>
  • Furthermore, the data subject has the option of objecting to interest-based advertising by Google. To do this, the data subject must access the link www.google.de/settings/ads from each of the Internet browsers they use and make the desired settings there.
  • Further information and Google's applicable data protection provisions can be found at https://www.google.de/intl/de/policies/privacy/.p>
  •  
    1. Privacy policy for the use of Instagram
  • The controller has integrated components of the Instagram service on this website. Instagram is a service that qualifies as an audiovisual platform and allows users to share photos and videos and also to redistribute such data on other social networks.
  • The operating company of Instagram's services is Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2 Ireland.
  • Each time one of the individual pages of this website operated by the controller is accessed, on which an Instagram component (Insta button) has been integrated, the Internet browser on the information technology system of the data subject is automatically prompted by the respective Instagram component to download a representation of the corresponding component from Instagram. As part of this technical process, Instagram obtains knowledge of which specific subpage of our website is being visited by the data subject. If the data subject is logged in to Instagram at the same time, Instagram recognizes which specific subpage the data subject is visiting each time the data subject accesses our website and for the entire duration of their stay on our website. This information is collected by the Instagram component and assigned by Instagram to the respective Instagramaccount. If the person concerned clicks on one of the Instagram buttons integrated on our website, the data and information transmitted with it is assigned to the personal Instagram user account of the person concerned and stored and processed by Instagram.p>
  • Instagram always receives information via the Instagram component that the data subject has visited our website if the data subject is logged into Instagram at the same time as visiting our website; this takes place regardless of whether or not the data subject clicks on the Instagram component. If the data subject does not want this information to be transmitted to Instagram, they can prevent the transmission by logging out of their Instagram account before visiting our website.
  • Further information and the applicable data protection provisions of Instagram can be found at https://help.instagram.com/155833707900388 and https://www.instagram.com/about/legal/privacy/. 
  •  
    1. Data protection provisions regarding the use of YouTube
  • The controller has integrated components from YouTube into this website. YouTube is an Internet video portal that allows video publishers to post video clips free of charge and other users to view, rate, and comment on them, also free of charge. YouTube allows the publication of all types of videos, which is why complete films and television programs, music videos, trailers, and videos created by users themselves are available via the internet portal. The operating company of YouTube is Google Ireland Limited, Gordon House, Barrow Street, Dublin, D04 E5W5, Ireland.
  • Each time one of the individual pages of this website, which is operated by the controller and on which a YouTube component (YouTube video) has been integrated, is accessed, the Internet browser on the information technology system of the data subject is automatically prompted by the respective YouTube component to download a representation of the corresponding YouTube component from YouTube. Further information about YouTube can be found at https://www.youtube.com/yt/about/de/. As part of this technical process, YouTube and Google are informed about which specific subpage of our website is visited by the data subject. If the data subject is logged in to YouTube at the same time, YouTube recognizes which specific subpage of our website the data subject is visiting when a subpage containing a YouTube video is accessed. This information is collected by YouTube and Google and assigned to the respective YouTube account of the data subject. YouTube and Google receive information via the YouTube component that the data subject has visited our website whenever the data subject is logged into YouTube at the same time as visiting our website; This occurs regardless of whether the data subject clicks on a YouTube video or not. If the data subject does not want this information to be transmitted to YouTube and Google, they can prevent the transmission by logging out of their YouTube account before visiting our website. The privacy policy published by YouTube, which is available at https://www.google.de/intl/de/policies/privacy/, provide information about the collection, processing, and use of personal data by YouTube and Google.
  •  
    1. Payment method: Privacy policy for Klarna as a payment method
  • The controller has integrated components from Klarna on this website. Klarna is an online payment service provider that enables purchase on account or flexible installment payments. Klarna also offers other services, such as buyer protection or identity and credit checks. Klarna is operated by Klarna Bank AB, Sveavägen 46, 111 34 Stockholm, Sweden.p>
  • If the data subject selects either "purchase on account" or "installment purchase" as the payment option during the ordering process in our online shop, data relating to the data subject is automatically transmitted to Klarna. By selecting one of these payment options, the data subject consents to the transfer of personal data required for processing the invoice or installment purchase or for identity and credit checks. 
  • The personal data transferred to Klarna usually includes the first name, last name, address, date of birth, gender, email address, IP address, telephone number, mobile phone number, and other data necessary for processing an invoice or installment purchase. Personal data related to the respective order is also necessary for processing the purchase contract. In particular, there may be a mutual exchange of payment information, such as bank details, card number, expiry date and CVC code, number of items, item number, data on goods and services, prices and tax charges, information on previous purchasing behavior or other information on the financial situation of the data subject.p>
  • The purpose of the data transfer is, in particular, identity verification, payment administration, and fraud prevention. The controller will transfer personal data to Klarna in particular if there is a legitimate interest in the transfer. The personal data exchanged between Klarna and the controller will be transferred by Klarna to credit agencies. The purpose of this transfer is to verify identity and creditworthiness. Klarna also transfers personal data to affiliated companies (Klarna Group) and service providers or subcontractors to the extent necessary to fulfill contractual obligations or if the data is to be processed on behalf of the controller. Klarna collects and uses data and information about the data subject's previous payment behavior and probability values for their future behavior (so-called scoring). The scoring is calculated on the basis of scientifically recognized mathematical-statistical methods. 
  • The data subject has the option of revoking their consent to the processing of personal data by Klarna at any time. Revocation does not affect personal data that must be processed, used, or transmitted for (contractual) payment processing. 
  • Klarna's applicable data protection provisions can be accessed at https://cdn.klarna.com/1.0/shared/content/policy/
    data/en_us/data_protection.pdf. 
  •  
    1. Payment method: Data protection provisions for PayPal as a payment method
  • The controller has integrated components from PayPal on this website. PayPal is an online payment service provider. Payments are processed via so-called PayPal accounts, which are virtual private or business accounts. PayPal also offers the option of processing virtual payments via credit cards if a user does not have a PayPal account. A PayPal account is managed via an email address, which is why there is no traditional account number. PayPal enables online payments to be made to third parties or payments to be received. PayPal also performs trustee functions and offers buyer protection services. The European operating company of PayPal is PayPal (Europe) S.à.r.l. et Cie, S.C.A., 22-24 Boulevard Royal L-2449, Luxembourg.
  • If the data subject selects "PayPal" as the payment option during the ordering process in our online shop, the data subject's data is automatically transmitted to PayPal. By selecting this payment option, the data subject consents to the transmission of personal data necessary for payment processing.
  • The personal data transmitted to PayPal usually includes first name, last name, address, email address, IP address, telephone number, mobile phone number, or other data necessary for payment processing. Personal data related to the respective order is also necessary for the execution of the purchase contract.
  • The purpose of the transfer of data is to process payments and prevent fraud. The controller will transfer personal data to PayPal in particular if there is a legitimate interest in the transfer. The personal data exchanged between PayPal and the controller may be transferred by PayPal to credit agencies. The purpose of this transfer is to verify identity and creditworthiness. PayPal may pass on personal data to affiliated companies and service providers or subcontractors if this is necessary to fulfill contractual obligations or if the data is to be processed on behalf of the controller. The data subject has the option of revoking their consent to the processing of personal data by PayPal at any time. Revocation does not affect personal data that must be processed, used, or transmitted for (contractual) payment processing.
  • PayPal's applicable data protection provisions can be found at https://www.paypal.com/de/webapps/mpp/ua/privacy-full. 
  •  
    1. Payment method: Data protection provisions for Sofortüberweisung as a payment method
  • The controller has integrated components from Sofortüberweisung on this website. Sofortüberweisung is a payment service that enables cashless payment for products and services on the Internet. Sofortüberweisung is a technical process through which the online-retailers receive immediate payment confirmation. This enables retailers to deliver goods, services, or downloads to customers immediately after they have placed their order. 
  • Sofortüberweisung is operated by Klarna Bank AB, Sveavägen 46, 111 34 Stockholm, Sweden. If the data subject selects "Sofortüberweisung" as the payment option during the ordering process in our online shop, the data subject's data is automatically transmitted to Sofortüberweisung. By selecting this payment option, the data subject consents to the transfer of personal data necessary for payment processing.
  • When completing a purchase via Sofortüberweisung, the buyer transmits the PIN and TAN to Sofort GmbH. Sofortüberweisung then carries out a transfer to the online retailer after technically checking the account balance and retrieving further data to verify the account coverage. The online retailer is then automatically notified of the completion of the financial transaction. The personal data exchanged with Sofortüberweisung includes first name, last name, address, email address, IP address, telephone number, mobile phone number, or other data necessary for payment processing. The purpose of the data transfer is payment processing and fraud prevention. The controller will also transfer other personal data to Sofortüberweisung if there is a legitimate interest in the transfer. The personal data exchanged between Sofortüberweisung and the controller may be transferred by Sofortüberweisung to credit agencies. The purpose of this transfer is to verify identity and creditworthiness.p>
  • Sofortüberweisung may pass on personal data to affiliated companies and service providers or subcontractors if this is necessary to fulfill contractual obligations or if the data is to be processed on behalf of Sofortüberweisung. A revocation does not affect personal data that must be processed, used, or transmitted for (contractual) payment processing. The applicable data protection provisions of Sofortüberweisung can be found at https://www.klarna.com/sofort/datenschutz/.p>
  •  
    1. Legal basis for processing
  • Art. 6 I lit. a GDPR serves as the legal basis for our company 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, with processing operations necessary for the delivery of goods or the provision of other services or consideration, the processing is based on Art. 6 I lit. b GDPR. The same applies to processing operations that are necessary for the implementation of pre-contractual measures, for example in cases of inquiries about our products or services. If our company is subject to a legal obligation that requires the processing of personal data, such as for the fulfillment of tax obligations, the processing is based on Art. 6 I lit. c GDPRIn rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor to our company were to be injured and his or her name, age, health insurance details, or other vital information had to be passed on to a doctor, hospital, or other third party. In this case, the processing would be based on Art. 6 I lit. d GDPR. Finally, processing operations could be based on Art. 6 I lit. f GDPR. This legal basis applies to processing operations that are not covered by any of the aforementioned legal bases if the processing is necessary to safeguard a legitimate interest of our company or a third party, provided that the interests, fundamental rights, and freedoms of the data subject do not prevail. We are permitted to carry out such processing operations in particular because they have been specifically mentioned by the European legislator. In this regard, the legislator took the view that a legitimate interest could be assumed if the data subject is a customer of the controller (Recital 47, sentence 2 of the GDPR).
  •  
    1. Legitimate interests in processing pursued by the controller or a third party
  • If the processing of personal data is based on Article 6 I lit. f GDPR, our legitimate interest is the performance of our business activities for the benefit of all our employees and our shareholders.
  •  
    1. Duration for which personal data is stored
  • The criterion for the duration of the storage of personal data is the respective statutory retention period. After expiry of the period, the corresponding data is routinely deleted, provided that it is no longer required for the performance or initiation of a contract. 
  •  
    1. Legal or contractual requirements for the provision of personal data; necessity for the conclusion of a contract; obligation of the data subject to provide the personal data; possible consequences of non-provision
  • We would like to inform you that the provision of personal data is in some cases required by law (e.g., tax regulations) or may also result from contractual provisions (e.g., information about the contractual partner). In some cases, it may be necessary for a data subject to provide us with personal data in order to conclude a contract, which we must then process. For example, the data subject is obliged to provide us with personal data if our company concludes a contract with them. Failure to provide personal data would mean that the contract with the data subject could not be concluded. Before providing personal data, the data subject must contact one of our employees. Our employee will explain to the data subject on a case-by-case basis whether the provision of 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 what the consequences of not providing the personal data would be.
  •  
    1. Existence of automated decision-making
  • As a responsible company, we do not use automated decision-making or profiling.
  • 26. Google Fit
  • GYMKY offers its users the option of connecting the app to Google Fit, a health platform provided by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland ("Google"). Google Fit uses sensors on the mobile device or activity sensors to log the physical activities of the respective user. GYMKY has the option of accessing the Google Fit data pool directly at any time. Further information on data protection, in particular on the purpose and scope of data collection and the further processing and use of data by Google Fit, as well as the relevant rights and settings options for data protection, is available at https://policies.google.com/privacy. The use of information that GYMKY obtains from Google APIs and its disclosure to other apps is governed by the Google API Services User Data Policy, including the restricted use requirements.
  • 27. Apple Health
  • Users also have the option of connecting their app to Apple Health, a mobile app from the technology company Apple Inc., One Infinite Loop, 95014 Cupertino, USA. GYMKY has the option of accessing the Apple Health data pool directly at any time if the user has granted the appropriate permissions. Apple Health collects health-related user data and displays it in the app in a processed form. Further privacy information can be found at https://www.apple.com/privacy/.
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  • This privacy policy was created using the privacy policy generator of DGD Deutsche Gesellschaft für Datenschutz GmbH, which acts as an external data protection officer in Hamburg, in cooperation with data protection lawyer Christian Solmecke in cooperation with the External Data Protection Officer Hamburg and is generated by the privacy policy generator of DGD Deutsche Gesellschaft für Datenschutz GmbH, which acts as External Data Protection Officer Hamburg in cooperation with data protection lawyer Christian Solmecke.
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