Data Policy

 

This data protection declaration informs you about the type, scope and purpose of the processing of personal data (hereinafter referred to as “data”) within our online offer and the websites, functions and contents connected with it as well as external online presences, such as our social media profiles (hereinafter jointly referred to as “online offer”). With regard to the terms used, such as “processing” or “controller”, we refer to the definitions in Art. 4 of the General Data Protection Regulation (hereinafter DS-GVO).

 

Resposible

 

Flexible Sports GmbH
Am Eichwasen 18
D-72401 Haigerloch
Managing Director: Tim Hüfner
E-Mail: info@flexvit.band
Tel.: +49 7474 9580-44

 

Types of data processed:

 

– Inventory data (e.g. names, addresses)
– Contact data (e.g. e-mail, telephone numbers)
– Contract data (e.g. subject matter of contract, term, customer category)
– Payment data (e.g. bank details, payment history)
– Content data (e.g. text entries, photographs, videos)
– Meta/communication data (e.g. device information, IP addresses)

 

Purpose of the processing:

 

– Provision and processing of the online offer, its functions and contents
– Answering contact requests and communication with users
– Security measures
– Affiliate programmes and affiliate links – Marketing

 

Relevant legal bases

 

In accordance with Art. 13 and 14 DS-GVO, we inform you about the legal basis of our data processing. If the legal basis is not mentioned in the privacy policy, the following applies: The legal basis for obtaining consent is Art. 6(1)(a) and Art. 7 DS-GVO, the legal basis for processing for the fulfilment of our services and implementation of contractual measures as well as answering enquiries is Art. 6(1)(b) DS-GVO, the legal basis for processing for the fulfilment of our legal obligations is Art. 6(1)(c) DS-GVO, and the legal basis for processing for the protection of our legitimate interests is Art. 6(1)(f) DS-GVO.

 

Security measures

 

We ask you to regularly inform yourself about the content of our data protection declaration. We adapt the data protection declaration at regular intervals as soon as changes in the data processing carried out by us make this necessary. We will inform you as soon as the changes require an act of cooperation on your part (e.g. consent) or other individual notification.

 

Cooperation with processors and third parties

 

If, in the course of our processing, we disclose data to other persons and companies (processors or third parties), transmit it to them or otherwise grant them access to the data, this will only be done on the basis of legal permission. This may be the case, for example, if the transfer of data to third parties, such as payment service providers, is necessary for the performance of the contract pursuant to Art. 6 (1) lit. b DS-GVO, you have consented, a legal obligation provides for this or is permitted on the basis of our legitimate interests (e.g. when using agents, web hosts, etc.). If we commission processors with the processing of data on the basis of a so-called “order processing contract”, this is done on the basis of Art. 28 DS-GVO.

 

Rights of the data subjects

 

You have the right to request confirmation as to whether data in question are being processed and to information about these data as well as further information and a copy of the data in accordance with Art. 15 of the GDPR. You have the right according to. Art. 16 DS-GVO the right to request the completion of the data concerning you or the correction of incorrect data concerning you. In accordance with Article 17 of the GDPR, you have the right to demand that the data in question be deleted without delay, or alternatively, in accordance with Article 18 of the GDPR, to demand that the processing of the data be restricted. You have the right to request that the data concerning you that you have provided to us be received in accordance with Art. 20 of the GDPR and to request that it be transferred to other data controllers. You also have the right to lodge a complaint with the competent supervisory authority in accordance with Art. 77 DS-GVO. In our case, this is the LfDI Baden-Württemberg, Königstraße 10a, 70173 Stuttgart.

 

Right of withdrawal

 

You have the right to revoke your consent in accordance with Art. 7 Para. 3 DS-GVO with effect for the future. Please send your revocation to one of the contact options listed in the imprint.

 

Right of objection

 

You may object to the future processing of data concerning you in accordance with Art. 21 DS-GVO at any time. The objection can be made in particular against processing for direct marketing purposes.

 

Data retention period

 

The data processed by us will be deleted or restricted in its processing in accordance with Articles 17 and 18 DS-GVO. Unless expressly stated within the scope of this data protection declaration, the data stored by us will be deleted as soon as it is no longer required for its intended purpose and the deletion does not conflict with any statutory retention obligations.

If the data is not deleted because it is required for other and legally permissible purposes, its processing will be restricted. I.e. the data is blocked and not processed for other purposes. This applies, for example, to data that must be retained for reasons of commercial or tax law.

According to legal requirements in Germany, data is stored for 10 years in accordance with §§ 147 para. 1 AO, 257 para. 1 nos. 1 and 4, para. 4 HGB (books, records, management reports, accounting vouchers, commercial books, documents relevant for taxation, etc.) and 6 years in accordance with § 257 para. 1 nos. 2 and 3, para. 4 HGB (commercial letters). According to legal requirements in Austria, retention takes place in particular for 7 years pursuant to § 132 para. 1 BAO (accounting records, vouchers/invoices, accounts, receipts, business papers, statement of income and expenditure, etc.), for 22 years in connection with real property and for 10 years for records in connection with electronically provided services, telecommunications, radio and television services provided to non-entrepreneurs in EU member states and for which the Mini-One-Stop-Shop (MOSS) is claimed.

 

Collection of access data and log files

 

We, or rather our hosting provider, collect data on the basis of our legitimate interests within the meaning of Art. 6 para. 1 lit. f. DS-GVO, we collect data about every access to the server on which this service is located (so-called server log files). The access data includes the name of the website accessed, file, date and time of access, amount of data transferred, notification of successful access, browser type and version, the user’s operating system, referrer URL (the previously visited page), IP address and the requesting provider.

Log file information is stored for security reasons (e.g. for the clarification of abuse or fraud) for a maximum of 7 days and then deleted. Data whose further storage is required for evidentiary purposes is exempt from deletion until the respective incident is finally clarified.

 

Order processing in the online shop and customer account

 

We process the data of our customers in the context of the ordering processes in our online shop in order to enable them to select and order the selected products and services, as well as their payment and delivery, or execution. The data processed includes inventory data, communication data, contract data, payment data and the persons affected by the processing include our customers, interested parties and other business partners.

The processing is carried out for the purpose of providing contractual services in the context of operating an online shop, billing, delivery and customer services. In this context, we use session cookies to store the contents of the shopping cart and permanent cookies to store the login status.

The processing is based on Art. 6 Para. 1 lit. b (execution of order transactions) and c (legally required archiving) DS-GVO. In this context, the information marked as required is necessary for the justification and fulfilment of the contract. We disclose the data to third parties only within the scope of delivery, payment or within the scope of legal permissions and obligations towards legal advisors and authorities. The data is only processed in third countries if this is necessary for the fulfilment of the contract (e.g. at the customer’s request for delivery or payment).

Users can optionally create a user account, in which they can view their orders in particular. Within the scope of registration, the required mandatory information is provided to the users. The user accounts are not public and cannot be indexed by search engines. If users have cancelled their user account, their data with regard to the user account will be deleted, subject to their retention being necessary for reasons of commercial or tax law in accordance with Art. 6 para. 1 lit. c DS-GVO. Information in the customer account remains until its deletion with subsequent archiving in the event of a legal obligation. It is the responsibility of the users to save their data in the event of termination before the end of the contract.

Within the scope of registration and renewed registrations as well as the use of our online services, we store the IP address and the time of the respective user action. The storage is based on our legitimate interests as well as those of the users in protection against misuse and other unauthorised use. As a matter of principle, this data is not passed on to third parties unless it is necessary for the pursuit of our claims or there is a legal obligation to do so pursuant to Art. 6 Para. 1 lit. c DS-GVO.

The deletion takes place after the expiry of legal warranty and comparable obligations, the necessity of keeping the data is reviewed every three years; in the case of legal archiving obligations, the deletion takes place after their expiry (end of commercial law (6 years) and tax law (10 years) retention obligation).

 

Registration function

 

Users can optionally create a user account. Within the scope of the registration, the required mandatory data will be provided to the users. The data entered during registration will be used for the purpose of using the offer. Users may be informed by e-mail about information relevant to the offer or registration, such as changes to the scope of the offer or technical circumstances. If users have terminated their user account, their data with regard to the user account will be deleted, subject to their retention being necessary for reasons of commercial or tax law in accordance with Art. 6 para. 1 lit. c DS-GVO. It is the responsibility of the users to save their data in the event of termination before the end of the contract. We are entitled to irretrievably delete all user data stored during the term of the contract.

Within the scope of the use of our registration and login functions as well as the use of the user account, we store the IP address and the time of the respective user action. The storage is based on our legitimate interests as well as those of the users in protection against misuse and other unauthorised use. As a matter of principle, this data is not passed on to third parties unless it is necessary for the prosecution of our claims or there is a legal obligation to do so in accordance with Art. 6 Para. 1 lit. c DS-GVO. The IP addresses are anonymised or deleted at the latest after expiry of the statutory retention periods.

 

Contact

 

When contacting us (e.g. via contact form, email, telephone or via social media), the user’s details are processed for the purpose of handling the contact request and its processing pursuant to Art. 6 (1) lit. b DS-GVO. The user’s details may be stored in a customer relationship management system (“CRM system”) or comparable enquiry organisation. We delete the enquiries if they are no longer necessary. We review the necessity every two years; furthermore, the legal archiving obligations apply.

 

Cookies

 

“Cookies” are small files that are stored on users’ computers. Different information can be stored within the cookies. We only use technical cookies for our website. Cookies from third-party services are not set.

The processing of personal data is necessary according to Art. 6 Para. 1 lit. f DS-GVO to protect our legitimate interests for technical realisation. Cookies are stored on the user’s computer and transmitted from it to our site. Therefore, you as a user also have full control over the use of cookies and these cookies are deleted again when the browser is closed. You can deactivate or restrict the transmission of cookies by changing the settings in your internet browser. Cookies that have already been saved can be deleted at any time. This can also be done automatically. If cookies are deactivated, it may no longer be possible to use all the functions of the website.
If users do not want cookies to be stored on their computer, they are asked to deactivate the corresponding option in the system settings of their browser. Stored cookies can be deleted in the system settings of the browser. The exclusion of cookies can lead to functional restrictions of this online offer.

 

Matomo

 

We use Matomo (formerly: “PIWIK”) on our website. This is software that enables us to analyse the use of our website. Your IP address, the website(s) you visit on our website, the website from which you linked to our website (referrer URL), the time you spend on our website and the frequency with which you visit one of our websites are processed.

However, we use Matomo with the anonymisation function “Automatically Anonymize Visitor IPs”. This anonymisation function shortens your IP address by two bytes so that it is impossible to assign it to you or to the internet connection you are using.

The legal basis for this is Art. 6 para. 1 lit. f DS-GVO. Our legitimate interest lies in the analysis and optimisation of our website.

If you do not agree to this processing, you have the option of ending the analysis of your usage behaviour by means of the so-called opt-out. By deselecting the checkbox in the cookie banner, a cookie will be stored on your end device via your internet browser, which will prevent further analysis in the future. Please note, however, that you will have to click the above checkbox again if you delete the cookies stored on your terminal device.

 

 

 

Google Analytics

 

We use Google Analytics, a web analytics service provided by Google LLC (“Google”), on the basis of our legitimate interests (i.e. interest in the analysis, optimisation and economic operation of our online offering within the meaning of Art. 6 (1) lit. f. DSGVO). DSGVO) Google Analytics, a web analytics service provided by Google LLC (“Google”). Google Analytics uses so-called “cookies” (see subsection “Cookies”). The information generated by the cookie about the use of this website is usually transmitted to a Google server in the USA and stored there. In the event that IP anonymisation is activated on these web pages, however, Google will truncate the IP address beforehand within member states of the European Union or in other contracting states to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there. On behalf of the operator of this website, Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity and providing other services relating to website activity and internet usage to the website operator. The IP address transmitted by the customer’s browser as part of Google Analytics will not be merged with other Google data. The customer may refuse the use of cookies by selecting the appropriate settings on the browser, however please note that if you do this you may not be able to use the full functionality of this website. Furthermore, the customer can prevent the collection of the data generated by the cookie and related to the use of the website (incl. the IP address) to Google as well as the processing of this data by Google by downloading and installing the browser plugin available under the following link (http://tools.google.com/dlpage/gaoptout?hl=de).
As an alternative to the browser add-on or within browsers on mobile devices, by clicking on this link you can (https://tools.google.com/dlpage/gaoptout?hl=de), prevent the collection of data by Google Analytics within this website in the future. This will place an opt-out cookie on your device. If you delete your cookies, you must click this link again.

 

For more information on Google’s use of data, setting and objection options, please see Google’s privacy policy (https://policies.google.com/technologies/ads) and in the settings for the display of advertisements by Google. (https://adssettings.google.com/authenticated). The users’ personal data is deleted or made anonymous after 14 months.

 

Google Tag Manager

 

Our website uses the service called “Google Tag Manager” from Google LLC. The company responsible for the European region is Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland (“Google”). Through this service, website tags can be managed via an interface. The Google Tag Manager is an auxiliary service and processes personal data itself only for technically necessary purposes. The Google Tag Manager takes care of loading other components, which in turn may collect data. The Google Tag Manager does not access this data. You can find more information on the Google Tag Manager in Google’s privacy policy (see above).

 

Google Ads Conversion Tracking

 

Our website uses the “Google Ads” advertising system of Google LLC. The company responsible for the European region is Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland (“Google”). Within the scope of Google Ads, we use conversion tracking. In this context, Google Ads sets a so-called “cookie” (see point “Cookies” in this data protection declaration) on your computer if you have accessed our website via a Google ad. The information generated by the cookies about the use of this website is transmitted directly to Google servers, possibly in the USA, and stored there. These cookies lose their validity after 30 days and are not used for personal identification. If you visit certain pages of ours and the cookie has not yet expired, Google and we will be able to recognise that you clicked on the ad and were redirected to that page. Each Ads customer receives a different cookie. Cookies cannot therefore be tracked across Ads customers’ websites. The information collected using the conversion cookie is used to create conversion statistics for Ads clients who have opted in to conversion tracking. Ads clients learn the total number of users who clicked on their ad and were redirected to a page tagged with a conversion tracking tag. However, they do not receive information that personally identifies users. In addition, you can prevent the collection of the data generated by the cookie and related to the use of the website (incl. the IP address) to Google as well as the processing of this data by Google by downloading and installing the browser plugin available under the following link: https://tools.google.com/dlpage/gaoptout?hl=de

If you do not agree with the display of advertisements, you can deactivate them: https://www.google.com/settings/ads/onweb

Further information on Google’s privacy policy and usage notices can be found at: https://policies.google.com/privacy

 

Facebook-Pixel, Customer Audiences and Facebook-Conversion

 

On our websites, we use the so-called Facebook pixel of the social network Facebook, which is operated by Facebook Inc., 1 Hacker Way, Menlo Park, CA 94025, USA, or – if you are based in the EU – Facebook Ireland Limited, 4 Grand Canal Square, Dublin 2, Ireland. The Facebook Pixel is a JavaScript code that is embedded on our website for statistical and market research purposes. This enables Facebook to identify visitors to our online offer as a target group for the display of advertisements (so-called “Facebook Ads”).

The Facebook pixel is therefore used to display the Facebook ads placed by us only to those Facebook users who have also shown an interest in our online offer or who have certain characteristics (e.g. interests in certain topics or products determined on the basis of the websites visited) that we transmit to Facebook (so-called “Custom Audiences”). Furthermore, the Facebook pixel enables us to see whether users were redirected to our website after clicking on a Facebook ad, so that we can check and track the effectiveness of the Facebook ads (so-called “conversion”).

For the purpose and scope of the data collection and the further processing and use of the data by Facebook, as well as your rights in this regard and setting options for protecting your privacy, please refer to Facebook’s data usage policy at: https://www.facebook.com/about/privacy/.

Details on how the Facebook Pixel works can be found in Facebook’s help section at: https://www.facebook.com/business/help/651294705016616.

You can object to the collection by Facebook Pixel and the use of your data to display Facebook ads. You can also determine your advertising preferences, i.e. which specific types of advertisements you should be shown within Facebook: https://www.facebook.com/settings?tab=ads.

 

Integration of third-party services and content

 

Within our online offer, we use content or service offers of third-party providers on the basis of our legitimate interests (i.e. interest in the analysis, optimisation and economic operation of our online offer within the meaning of Art. 6 para. 1 lit. f. DS-GVO), we use content or services offered by third party providers in order to integrate their content and services, such as videos (hereinafter uniformly referred to as “content”).

This always requires that the third-party providers of this content are aware of the IP address of the user, as without the IP address they would not be able to send the content to their browser. The IP address is therefore necessary for the display of this content. We endeavour to only use content whose respective providers only use the IP address to deliver the content.

Third-party providers may also use so-called pixel tags (invisible graphics, also known as “web beacons”) for statistical or marketing purposes. The “pixel tags” can be used to evaluate information such as visitor traffic on the pages of this website. The pseudonymous information may also be stored in cookies on the user’s device and may contain, among other things, technical information about the browser and operating system, referring websites, time of visit and other information about the use of our online offering, as well as being linked to such information from other sources.

YouTube

 

We integrate the videos of the platform “YouTube” of the provider Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.
Privacy policy: https://www.google.com/policies/privacy/
Opt-Out: https://adssettings.google.com/authenticated

Tracking is currently not active for you because your browser has informed us that you do not want tracking. This is a browser setting. To reactivate tracking, you must deactivate the so-called “Do Not Track” setting in your browser settings.

 

Affiliate programmes and affiliate links

 

We offer an affiliate programme, i.e. commissions or other benefits for users (referred to as “affiliates”) who refer to our offers and services. This referral is made by means of a link or other methods (e.g. discount codes) assigned to the respective affiliate, which allow us to identify that the use of our services was based on the referral.

In order to be able to track whether the respective users have used our services based on the affiliate links used by the affiliates, it is necessary for us to know that the users have followed an affiliate link. The assignment of the affiliate links to the respective business transactions or other use of our services is solely for the purpose of commission accounting and will be cancelled as soon as it is no longer necessary for the purpose.

For the purposes of the aforementioned allocation of the affiliate links, these can be extended by certain values which are a component of the link or can be stored otherwise, e.g. in a cookie. The values may include, in particular, the source website (referrer), the time, an online identifier of the operator of the website on which the affiliate link was located, an online identifier of the respective offer, the type of link used, the type of offer and an online identifier of the user.

 

Trade Tracker

 

We use the services of TradeTracker.com. Their job is to help advertisers and publishers understand which ads displayed by publishers generated which sales, leads or other actions for advertisers. This allows the advertiser to pay a publisher only when the ad displayed by the publisher (or other required action) refers a person to the advertiser and that person makes a purchase. TradeTracker uses data, including cookies, to achieve this understanding. This data relates to individuals but does not identify them by name. It is pseudonymised data and relates to a single referral of a person from one website to another and then a confirmation that a purchase has been made.

TradeTracker also maintains a database of referrals to individuals’ devices so that we can track whether an advertisement viewed on one device, such as a phone, has resulted in that individual making a purchase on one of their other devices, such as a laptop. This database does not allow people to be identified by name, which is not possible for TradeTracker itself.

TradeTracker does not create profiles that show the purchase history of individuals on the internet over a period of time. TradeTracker also does not target individuals with advertisements for products and services based on their perceived interests. Its role is only to measure the effectiveness of specific online advertising.

 

Newsletter

 

We send newsletters, e-mails and other electronic notifications with promotional information (hereinafter “newsletter”) only with the consent of the recipients or a legal permission. Insofar as the contents of the Newsletter are specifically described in the course of registration, they shall be decisive for the consent of the users. In addition, our newsletters contain the following information: News and products from us and our partners, offers and promotions, dates and information on events, tips on using our products and on using products from our partners.

The registration for our newsletter takes place in a so-called double opt-in procedure. This means that after registration you will receive an e-mail asking you to confirm your registration. This confirmation is necessary so that no one can register with other email addresses. The registrations for the newsletter are logged in order to be able to prove the registration process in accordance with the legal requirements. This includes the storage of the registration and confirmation time as well as the IP address. Changes to your data stored with the dispatch service provider are also logged.

 

Shipping service provider

 

The newsletter is sent using “MailChimp”, a newsletter sending platform of the US provider Rocket Science Group, LLC, 675 Ponce De Leon Ave NE #5000, Atlanta, GA 30308, USA. You can view the privacy policy of the mailing service provider here: https://mailchimp.com/legal/privacy/.

The email addresses of our newsletter recipients, as well as their other data described in this notice, are stored on MailChimp servers in the USA. MailChimp uses this information to send and evaluate the newsletter on our behalf. Furthermore, according to its own information, MailChimp may use this data to optimise or improve its own services, e.g. for the technical optimisation of the dispatch and the presentation of the newsletters or for economic purposes in order to determine from which countries the recipients come. However, MailChimp does not use the data of our newsletter recipients to write to them itself or to pass it on to third parties. MailChimp has undertaken to comply with EU data protection regulations. Furthermore, we have concluded an agreement with MailChimp: „Data-Processing-Agreement“. This is a contract in which MailChimp undertakes to protect the data of our users, to process it on our behalf in accordance with its data protection provisions and, in particular, not to pass it on to third parties.

 

Login Data

 

To register for the newsletter, it is sufficient to enter your e-mail address. Optionally, we ask you to enter your first and last name. This information is only used to personalise the newsletter.

 

Statistical survey and analyses

 

The newsletters contain a so-called “web beacon”, i.e. a pixel-sized file that is retrieved from the MailChimp server when the newsletter is opened. Within the scope of this retrieval, technical information, such as information on the browser and your system, as well as your IP address and the time of the retrieval are initially collected. This information is used for the technical improvement of the services based on the technical data or the target groups and their reading behaviour based on their retrieval locations (which can be determined with the help of the IP address) or the access times. Statistical surveys also include determining whether newsletters are opened, when they are opened and which links are clicked. For technical reasons, this information can be assigned to the individual newsletter recipients.

However, it is neither our intention nor that of MailChimp to observe individual users. The analyses serve us much more to recognise the reading habits of our users and to adapt our content to them or to send different content according to the interests of our users.

 

Online call and data management

There are cases where we direct newsletter recipients to MailChimp’s websites. For example, our newsletters contain a link that newsletter recipients can use to access the newsletter online (e.g. in the event of display problems in the email programme). Furthermore, newsletter recipients can subsequently correct their data, such as the email address. Likewise, MailChimp’s privacy policy can only be accessed on their site.
In this context, we pointed out that cookies are used on MailChimp’s websites and that personal data is thus processed by MailChimp, its partners and service providers used (e.g. Google Analytics). We have no influence on this data collection. For further information, please refer to MailChimp’s privacy policy. We would also like to point out that you have the option to object to the collection of data for advertising purposes on the websites of MailChimp http://www.aboutads.info/choices/ and http://www.youronlinechoices.com/ (for the European Region).

The newsletter is sent and its success measured on the basis of your consent pursuant to Art. 6 para. 1 lit. a, Art. 7 DS-GVO or § 7 para. 2 no. 3 UWG and, if consent is not required, on the basis of our legitimate interests in direct marketing pursuant to Art. 6 para. 1 lit. f. DS-GVO. DS-GVO.

The logging of the registration process takes place on the basis of our legitimate interests pursuant to Art. 6 para. 1 lit. f DS-GVO. Our interest is directed towards the use of a user-friendly and secure newsletter system that serves our business interests as well as the expectations of the users and also allows us to prove consent.

We would also like to point out that you can object to the future processing of your personal data in accordance with the legal requirements pursuant to Art. 21 DS-GVO at any time. The objection can be made in particular against the processing for purposes of direct advertising.

You can cancel the receipt of our newsletter at any time, i.e. revoke your consent. At the same time, your consent to the sending of the newsletter via MailChimp and the statistical analyses will expire. Unfortunately, it is not possible to separately revoke the sending via MailChimp or the statistical analysis.
You will find a link to cancel the newsletter at the end of each newsletter.

Haigerloch, 01.11.2021