Privacy statement

 

Important notice:

We are currently working on the English language version of our website. We would like to point out that the content on this page has so far only been translated by machine and therefore we cannot guarantee that all information on this page is correct. In case of doubt, the German version applies.

 

This data protection declaration clarifies 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 Profile (hereinafter referred to collectively as “online offer”). With regard to the terms used, such as “processing” or “responsible party”, we refer to the definitions in Art. 4 of the Basic Data Protection Regulation (hereinafter referred to as DS-GVO).

 

Person responsible

 

Flexible Sports GmbH
Breiteweg 4
D-72401 Haigerloch
CEO: Tim Hüfner
E-Mail: info@flexvit.band
Phone: +49 7474 9580-44

 

Types of data processed:

 

– Stock data (e.g. names, addresses)
– Contact details (e.g. e-mail, telephone numbers)
– Contract data (e.g. subject matter of contract, duration, 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)

 

Types of data processed:

 

– Stock data (e.g. names, addresses)
– Contact details (e.g. e-mail, telephone numbers)
– Contract data (e.g. subject matter of contract, duration, 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
– Responding to contact requests and communication with users
– Security measures
– Affiliate program and affiliate links
– Marketing

In accordance with Articles 13 and 14 of the DS-GVO, we inform you of the legal basis of our data processing. If the legal basis is not stated in the data protection declaration, the following applies: The legal basis for obtaining consent is Art. 6 (1) lit. a and Art. 7 DS-GVO, the legal basis for processing for the purpose of fulfilling our services and implementing contractual measures and answering enquiries is Art. 6 (1) lit. b DS-GVO, the legal basis for processing for the purpose of fulfilling our legal obligations is Art. 6 (1) lit. c DS-GVO, and the legal basis for processing for the purpose of safeguarding our legitimate interests is Art. 6 (1) lit. f DS-GVO.

 

Security measures

 

We ask you to inform yourself regularly 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 make it necessary for you to cooperate (e.g. consent) or to receive other individual notification.

 

Cooperation with contract processors and third parties

 

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

 

Rights of the persons concerned

 

You have the right to obtain confirmation as to whether or not data in question is being processed and to obtain information on such data, as well as further information and a copy of the data in accordance with Art. 15 of the DS-GVO.
You have accordingly. Art. 16 DS-GVO the right to request the completion of data concerning you or the correction of incorrect data concerning you.
In accordance with Art. 17 DS-GVO, you have the right to demand that data concerning you be deleted immediately, or alternatively, in accordance with Art. 18 DS-GVO, to demand that the processing of the data be restricted.
In accordance with Art. 20 DS-GVO, you have the right to demand that the data concerning you which you have made available to us be received and to demand that it be transferred to other responsible parties.
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 consents granted in accordance with Art. 7 Para. 3 DS-GVO with effect for the future. Please address your revocation to one of the contact options listed in the imprint.

 

Right of objection

 

You can object to the future processing of data concerning you at any time in accordance with Art. 21 DS-GVO. In particular, you may object to processing for the purposes of direct advertising.

 

Retention period of data

 

The data processed by us will be deleted or restricted in their processing in accordance with Articles 17 and 18 DS-GVO. Unless expressly stated in this data protection declaration, the data stored by us will be deleted as soon as it is no longer required for their intended purpose and the deletion does not conflict with any statutory storage obligations. If the data is not deleted because they are required for other and legally permissible purposes, their processing will be restricted. This means that the data is blocked and not processed for other purposes. This applies, for example, to data that must be retained for commercial or tax law reasons.
According to legal requirements in Germany, the storage is in particular 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, trading 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, the storage is in particular for 7 years in accordance with § 132 para. 1 BAO (accounting documents, vouchers / invoices, accounts, records, business documents, statement of income and expenditure, etc.), for 22 years in connection with real estate and for 10 years in the case of documents 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 used.

 

Collection of access data and log files

 

We, or our hosting provider, on the basis of our legitimate interests as defined in Art. 6 Par. 1 lit. f. DS-GVO collects 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 site), IP address and the requesting provider.
For security reasons (e.g. to clarify misuse or fraud), log file information is stored for a maximum of 7 days and then deleted. Data whose further storage is required for evidence purposes is excluded from deletion until the respective incident has been finally clarified.

 

Cookies

 

Cookies are small files that are stored on the user’s computer. Different information can be stored within the cookies. For our website we use exclusively technical cookies. Cookies from third party services are not set.
The processing of personal data is required in accordance with Art. 6 Para. 1 letter f DS-GVO to safeguard our legitimate interests for technical implementation. Cookies are stored on the user’s computer and transmitted by the user to our website. As a user, you therefore also have full control over the use of cookies and these cookies are deleted when the browser is closed. By changing the settings in your Internet browser, you can deactivate or restrict the transmission of cookies. Cookies already stored can be deleted at any time. This can also be done automatically. If cookies are deactivated, it is possible that not all functions of the website can be used.
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 with which we can analyze the use of our website. Your IP address, the website (s) of our website that you visit and the website from which you switched to our website (referrer URL), your length of stay and the frequency with which you visit one of our websites are processed.
We use Matomo with the anonymization function “Automatically Anonymize Visitor IPs”. This anonymization function shortens your IP address by two bytes, so that an assignment to you or to the Internet connection you use is made impossible.
The legal basis for this is Art. 6 Para. 1 lit. f GDPR. Our legitimate interest lies in the analysis and optimization of our website.
If you do not consent to this processing, you have the option of ending the analysis of your usage behavior by opt-out. By deselecting the checkbox in cookie banner a cookie is saved on your device via your internet browser, which prevents further analysis in the future. However, please note that you have to click the checkbox above again if you delete the cookies stored on your device.

 

 

Order processing in the online shop and customer account

 

We process the data of our customers in the context of the order procedures 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 processed data 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 within the operation of an online shop, billing, delivery and customer services. For this purpose, 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 processes) and c (legally required archiving) DS-GVO. The information marked as required is required to justify and fulfil the contract. We disclose the data to third parties only within the scope of delivery, payment or within the scope of the legal permits and obligations to legal advisors and authorities. The data will only be processed in third countries if this is necessary for the fulfilment of the contract (e.g. on customer request for delivery or payment).
Users can optionally create an user account, in particular by viewing their orders. Within the scope of registration, the required mandatory data will be communicated to the users. The user accounts are not public and cannot be indexed by search engines. If users have terminated their user account, their data relating to the user account will be deleted, subject to their retention is necessary for reasons of commercial or tax law in accordance with Art. 6 Paragraph 1 lit. c DS-GVO. Data in the customer account will remain until its deletion with subsequent archiving in case of a legal obligation. It is the responsibility of the users to back up their data in the event of termination before the end of the contract.
Within the scope of registration and renewed logins and 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 the user’s need for protection against misuse and other unauthorized use. As a matter of principle, this data is not passed on to third parties unless it is necessary to pursue our claims or there is a legal obligation to do so in accordance with Art. 6 Para. 1 lit. c DS-GVO.
Deletion is carried out after the expiry of statutory warranty and comparable obligations, the necessity of storing the data is reviewed every three years; in the case of statutory archiving obligations, deletion is carried out after their expiry (end of commercial (6 years) and tax (10 years) storage obligation).

 

Affiliate program and affiliate links

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

In order to be able to track whether the respective users have perceived our services based on the affiliate links used by the affiliates, it is necessary that we learn that the users have followed an affiliate link. The assignment of the affiliate links to the respective business transactions or to other use of our services serves the sole purpose of commission settlement and is canceled as soon as it is no longer necessary for the purpose.

For the purposes of the aforementioned assignment of the affiliate links, these can be extended by certain values ​​that are part of the link or otherwise, e.g. in a cookie. In addition to the values, the starting 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 include an online identifier of the user.

 

Registration function

 

Users can optionally create an user account. During the registration process, the required mandatory data will be provided to the users. The data entered during registration is used for the purpose of using the offer. Users can be informed by e-mail about information relevant to the offer or registration, such as changes in the scope of the offer or technical circumstances. If users have terminated their user account, their data will be deleted with regard to the user account, subject to their safekeeping is necessary for reasons of commercial or tax law in accordance with Art. 6 Para. 1 lit. c DS-GVO. It is the responsibility of users to back up their data before the end of the contract if they have terminated it. We are entitled to irretrievably delete all user data stored during the term of the contract.
Within the framework of the use of our registration and login functions and the use of the user account, we will store the IP address and the time of the respective user action. The storage is based on our legitimate interests, as well as the user’s need for protection against misuse and other unauthorized use. This data will not be passed on to third parties unless it is necessary to pursue 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 anonymized or deleted at the latest after expiry of the legal retention periods.

 

Contact

 

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

 

Newsletter

 

With the following notes we inform you about the contents of our newsletter as well as the registration, dispatch and statistical evaluation procedure and your rights of objection. By subscribing to our newsletter, you agree to receive it and to the described procedures.
Content of the newsletter: We send newsletters, e-mails and other electronic notifications containing advertising information (hereinafter referred to as “newsletter”) only with the consent of the recipients or a legal permission. Insofar as the contents of the newsletter are specifically described in the context of a registration for the newsletter, they are decisive for the consent of the users. Furthermore, our newsletters contain information about our services and us.

Double-Opt-In and logging: The registration for our newsletter is done 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 nobody can register with foreign e-mail addresses. The newsletter registrations are logged in order to be able to prove the registration process according to the legal requirements. This includes the storage of the registration and confirmation time as well as the IP address.
Registration data: To subscribe to the newsletter, it is sufficient to enter your e-mail address. Optionally, you have the possibility to enter a name for personal contact in the newsletter.
The dispatch of the newsletter and the measurement of success associated with it are based on your consent in accordance with Art. 6 Para. 1 lit. a, Art. 7 DS-GVO or § 7 Para. 2 No. 3 UWG and, if consent is not required, on our legitimate interests in direct marketing in accordance with Art. 6 Para. 1 lit. f. DS-GVO.
The registration procedure is recorded on the basis of our legitimate interests in accordance with Art. 6 Para. 1 lit. f. DS-GVO. We are interested in the use of a user-friendly and secure newsletter system that serves our business interests and meets the expectations of the users and also allows us to prove that they have given their consent.
Revocation – You can revoke receipt of our newsletter at any time, i.e. withdraw your consent. You will find a link to cancel the newsletter at the end of each newsletter. We may store the unsubscribed e-mail addresses for up to three years on the basis of our legitimate interests before we delete them in order to be able to prove a previously given consent. The processing of this data is limited to the purpose of a possible defence against legal claims. An individual request for deletion is possible at any time, provided that the former existence of a consent is confirmed at the same time.

 

Social media online presence

 

We maintain online presences within social networks and platforms in order to be able to communicate with the customers, interested parties and users active there and to inform them about our services. When accessing the respective networks and platforms, the terms and conditions and data processing guidelines of their respective operators apply.
Unless otherwise stated in our data protection declaration, we process the data of users if they communicate with us within the social networks and platforms, e.g. write articles on our online presences or send us messages.

 

Integration of third party services and content

 

Within our online offer, on the basis of our legitimate interests (i.e. interest in the analysis, optimization and economic operation of our online offer in the sense of Art. 6 Par. 1 lit. f. DS-GVO), we use content or service offers from third parties in order to integrate their content and services, such as videos (hereinafter referred to uniformly as “content”).
This always presupposes that the third-party providers of such content are aware of the IP address of the users, as without the IP address they would not be able to send the content to their browsers. The IP address is therefore necessary for the display of this content. We make every effort to use only such content whose respective providers use the IP address only 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. Pexel 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 technical information about the browser and operating system, referring websites, visiting time and other details about the use of our online offer, as well as being linked to such information from other sources.

 

Youtube

 

We integrate the videos of the “YouTube” platform 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.

Haigerloch, 21.02.2020