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).
Flexible Sports GmbH
Am Eichwasen 18
Managing Director: Tim Hüfner
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
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).
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.
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” 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.
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.
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.