dataprotection-englisch

Datenschutz

1. DEFINITIONS

The data protection declaration of v8 fitness GmbH is based on the terms used by the European legislator for directives and regulations when issuing the General Data Protection Regulation (GDPR). Our data protection declaration 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.

In this data protection declaration we use the following terms, among others:

A) PERSONAL DATA

Personal data is all information that relates to an identified or identifiable natural person (hereinafter "data subject"). A natural person is considered identifiable if he or she can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more special characteristics that express the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

B) AFFECTED PERSON

A data subject is any identified or identifiable natural person whose personal data is processed by the controller

C) PROCESSING

Processing is any operation or set of operations which is carried out with or without the aid of automated procedures in connection with personal data, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or any other form of provision, comparison or linking, restriction, erasure or destruction.

D) RESTRICTION OF PROCESSING

Restriction of processing is the marking of stored personal data with the aim of limiting their future processing.

E) PROFILING

Profiling is any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.

F) PSEUDONYMISATION

Pseudonymisation is the processing of personal data in such a way 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 organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.

G) CONTROLLER OR PERSON RESPONSIBLE FOR PROCESSING

The controller or person responsible for processing is the natural or legal person, public authority, agency or other body which, alone or jointly with others, decides on the purposes and means of processing personal data. If the purposes and means of such processing are specified 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

The processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.

I) RECIPIENT

The recipient is a natural or legal person, public authority, agency or other body to whom personal data is disclosed, whether or not it is a third party. However, authorities which may receive personal data in the context of a specific investigation in accordance with Union or Member State law shall not be regarded as recipients.

J) THIRD PARTY

A third party is a natural or legal person, public authority, agency or other body other than the data subject, the controller, the processor and the persons who, under the direct responsibility of the controller or processor, are authorised to process the personal data.

K) CONSENT

Consent is any expression of will given voluntarily by the data subject for a specific case in an informed and unambiguous manner in the form of a declaration or other unambiguous indication of his or her wishes.

2. NAME AND ADDRESS OF THE PERSON RESPONSIBLE FOR PROCESSING

The person responsible 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:

Birekgroup

28 Kinira

8011 Paphos

Cyprus

E-mail: office@birekgroup.de

Website: www.birkgroup.de

3. NAME AND ADDRESS OF THE DATA PROTECTION OFFICER

Mr. Nenad Birek, Birekdatasystems, has been appointed as the company's external data protection officer.

He carries out the activities in accordance with Art. 38 and Art. 39 GDPR. You can contact our data protection officer at verwaltung@birek.de at any time with data protection-related concerns.

Website: fitness.v8fitness.de

Any person concerned can contact our data protection officer directly at any time with any questions or suggestions regarding data protection.

4. COOKIES

The v8 fitness GmbH website uses cookies. Cookies are text files that are stored on a computer system via an Internet browser.

Numerous websites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier for the cookie. It consists of a character string that allows websites and servers to be assigned 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 using the unique cookie ID.

By using cookies, v8 fitnes GmbH can provide users of this website with more user-friendly services that would not be possible without the cookie setting.

Cookies can be used to optimize the information and offers on our website for the benefit of the user. As already mentioned, cookies enable us to recognize the users of our website. The purpose of this recognition is to make it easier for users to use our website. For example, the user of a website that uses cookies does not have to enter their access data every 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 of a shopping cart in an online shop. The online shop uses a cookie to remember the items that a customer has placed in the virtual shopping cart.

The person concerned 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.

5. COLLECTION OF GENERAL DATA AND INFORMATION

The website of v8 fitness GmbH collects a series 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's log files. The following may be recorded: (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 referrers), (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 serve to avert danger in the event of attacks on our information technology systems.

When using this general data and information, v8 fitness GmbH does not draw any conclusions about the person concerned. Rather, this information is required to (1) correctly deliver the contents of our website, (2) optimize the contents 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) to provide law enforcement authorities with the information necessary for criminal prosecution in the event of a cyber attack. This anonymously collected data and information is therefore evaluated by v8 fitness GmbH both statistically and 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 of the server log files are stored separately from all personal data provided by a person concerned.

6. POSSIBILITY OF CONTACT VIA THE WEBSITE

Due to legal regulations, the v8 fitness 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 (email address). If a data subject contacts the controller by email or via a contact form, the personal data transmitted by the data subject are automatically stored. Such personal data transmitted on a voluntary basis by a data subject to the controller are stored for the purposes of processing or contacting the data subject. This personal data is not passed on to third parties.

7. ROUTINE DELETION AND BLOCKING OF PERSONAL DATA

The controller shall process and store personal data of the data subject only for the period necessary to achieve the purpose of storage or as far as this has been provided for by the European legislator or another legislator in laws or regulations to which the controller is subject.

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

8. RIGHTS OF THE DATA SUBJECT

A) RIGHT TO CONFIRMATION

Every data subject has the right granted by the European legislator to obtain confirmation from the controller as to whether personal data concerning him or her are being processed. If a data subject wishes to exercise this right of confirmation, he or she may contact an employee of the controller at any time.

B) RIGHT TO INFORMATION

Every person affected by the processing of personal data has the right granted by the European legislator to obtain at any time from the controller free information about the personal data stored about him or her and a copy of this information. Furthermore, the European legislator has granted the data subject access to the following information:

The purposes of the processing; the categories of personal data being processed; the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations; where possible, the planned period for which the personal data will be stored, or, if not possible, the criteria used to determine that period; the existence of the right to request from the controller rectification or erasure of personal data or restriction of processing of the personal data concerning the data subject or to object to such processing; the existence of the right to lodge a complaint with a supervisory authority; if the personal data are not collected from the data subject: all available information on their origin; the existence of automated decision-making, including profiling, referred to in Article 22 (1) and (4) of the GDPR and, at least in those cases, meaningful information on the logic involved, as well as the scope and envisaged consequences of such processing for the data subject.

The data subject is also entitled to:

Furthermore, the data subject has the right to obtain information as to whether personal data has been transferred to a third country or to an international organisation. If this is the case, the data subject also has the right to obtain information about the appropriate guarantees in connection with the transfer.

If a data subject wishes to exercise this right to information, he or she may contact an employee of the controller at any time.

C) RIGHT TO CORRECTION

Any person affected by the processing of personal data has the right granted by the European legislator to request the immediate rectification of inaccurate personal data concerning him or her. Furthermore, the data subject has the right, taking into account the purposes of the processing, to request the completion of incomplete personal data - also by means of a supplementary statement.

If a data subject wishes to exercise this right to rectification, he or she may contact an employee of the controller at any time.

D) RIGHT TO ERASURE (RIGHT TO BE FORGOTTEN)

Every person affected by the processing of personal data has the right granted by the European legislator to request the controller to erase personal data concerning him or her without undue delay, provided that one of the following reasons applies and processing is not necessary:

The personal data were collected or otherwise processed for such purposes for which they are no longer necessary.

The data subject withdraws consent on which the processing was based according to 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 were processed unlawfully.

The deletion of the personal data is necessary to fulfill a legal obligation under Union law or the law of the Member States to which the controller is subject.

The personal data were collected in relation to information society services offered in accordance with Art. 8 Para. 1 GDPR.

If one of the above reasons applies and a data subject wishes to request the deletion of personal data stored by v8 fitness GmbH, he or she may contact an employee of the controller at any time. The employee of v8 fitness GmbH will ensure that the deletion request is complied with immediately.

If the personal data was made public by v8 fitness GmbH and our company as the controller pursuant to Art. 17 Para. 1 GDPR is obliged to erase the personal data, v8 fitness GmbH shall take appropriate measures, including technical ones, taking into account the available technology and the implementation costs, in order to inform other data controllers which process the published personal data that the data subject has requested the erasure by such controllers of all links to these personal data or of copies or replications of these personal data, unless processing is required. The employee of v8 fitness GmbH will arrange the necessary measures in individual cases.

E) RIGHT TO RESTRICTION OF PROCESSING

Every person affected by the processing of personal data has the right granted by the European legislator to request the controller to restrict processing if one of the following conditions applies:

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 the use of the personal data instead.

The controller no longer needs the personal data for the purposes of the processing, but the data subject needs them to assert, exercise or defend legal claims.

The data subject has objected to processing pursuant to Art. 21 Para. 1 GDPR and it is not yet clear whether the legitimate interests of the data subject are justified.

If one of the above conditions is met and a data subject wishes to request the restriction of personal data stored by v8 fitness GmbH, he or she may contact an employee of the controller at any time. The employee of v8 fitness GmbH will arrange the restriction of processing.

F) RIGHT TO DATA PORTABILITY

Every data subject shall have the right granted by the European legislator to receive the personal data concerning him or her, which was made available to a controller, in a structured, common and machine-readable format. He or she also has the right to transmit these data to another controller without hindrance from the controller to whom the personal data was made available, provided that the processing is based on consent pursuant to Art. 6 (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 procedures, 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, in exercising his or her 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 the right to data portability, the data subject may contact an employee of v8 fitness 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 to the processing of personal data concerning him or her, which is based on Art. 6 (1) (e) or (f) GDPR, for reasons related to his or her particular situation. This also applies to profiling based on these provisions.

In the event of an objection, v8 fitness GmbH will no longer process the personal data unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or the processing serves to assert, exercise or defend legal claims.

If v8 fitness GmbH processes personal data in order to conduct direct advertising, the data subject has the right to object at any time to the processing of personal data for the purpose of such advertising. This also applies to profiling insofar as it is related to such direct advertising. If the data subject objects to v8 fitness GmbH to the processing for direct marketing purposes, v8 fitness GmbH will no longer process the personal data for these purposes.

In addition, the data subject has the right, for reasons arising from his or her particular situation, to object to the processing of personal data concerning him or her by v8 fitness GmbH for scientific or historical research purposes, or for statistical purposes pursuant to Art. 89 Para. 1 GDPR, unless such processing is necessary to perform a task carried out for reasons of public interest.

To exercise the right to object, the data subject may contact any employee of v8 fitness GmbH or another employee directly. Furthermore, in relation to the use of information society services, the data subject is free to exercise his or her right of objection by automated means using technical specifications, notwithstanding Directive 2002/58/EC.

H) AUTOMATED DECISIONS IN INDIVIDUAL CASES, INCLUDING PROFILING

Every data subject shall have 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 the performance of, a contract between the data subject and the controller, or (2) is permitted by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the rights and freedoms and legitimate interests of the data subject; or (3) is carried out with the data subject’s explicit consent.

F) RIGHT TO DATA PORTABILITY

To assert the right to data portability, the data subject may contact an employee of v8 fitness GmbH at any time.

G) RIGHT TO OBJECT

H) AUTOMATED DECISIONS IN INDIVIDUAL CASES, INCLUDING PROFILING

Every data subject shall have 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 the performance of, a contract between the data subject and the controller, or (2) is permitted by Union or Member State law to which the controller is subject and which contains appropriate measures to safeguard the data subject's rights and freedoms and legitimate interests, or (3) is made with the data subject's explicit consent.

If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and the controller, or (2) is made with the data subject's explicit consent, v8 fitness GmbH shall implement appropriate measures to safeguard the data subject's rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and contest the decision.

If the data subject wishes to exercise rights with regard to automated decisions, he or she may contact an employee of the controller at any time.

I) RIGHT TO WITHDRAW CONSENT UNDER DATA PROTECTION LAW

Every person affected by the processing of personal data has the right granted by the European legislator to withdraw consent to the processing of personal data at any time.

If the data subject wishes to exercise his or her right to withdraw consent, he or she may contact an employee of the controller at any time.

9. DATA PROTECTION PROVISIONS ON THE APPLICATION AND USE OF FACEBOOK

The controller has integrated components of the company Facebook on this website. Facebook is a social network.

A social network is a social meeting place operated on the Internet, an online community that generally enables users to communicate with each other and interact in virtual space. A social network can serve as a platform for exchanging opinions and experiences or enables the Internet community to provide personal or company-related information. Facebook enables users of the social network to create private profiles, upload photos and network via friend requests, among other things.

The operating company of Facebook is Facebook, Inc., 1 Hacker Way, Menlo Park, CA 94025, USA. If a data subject lives outside the USA or Canada, the controller for the processing of 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, which is operated by the controller and on which a Facebook component (Facebook plug-in) has been integrated, is accessed, the Internet browser on the information technology system of the data subject is automatically prompted by the respective Facebook component to download a representation of the corresponding Facebook component from Facebook. A complete overview of all Facebook plug-ins can be accessed at https://developers.facebook.com/docs/plugins/?locale=de_DE. As part of this technical process, Facebook receives knowledge of which specific sub-page of our website is visited by the data subject.

If the data subject is logged in to Facebook at the same time, Facebook recognizes which specific sub-page of our website the data subject is visiting each time the data subject visits 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 data subject clicks on one of the Facebook buttons integrated on our website, for example the "Like" button, or if the data subject makes a comment, Facebook assigns this information to the personal Facebook user account of the data subject and stores this personal data.

Facebook always receives information via the Facebook component that the data subject has visited our website if the data subject is logged in to Facebook at the same time when accessing our website; this occurs 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, he or she can prevent the transmission by logging out of his or her Facebook account before accessing our website.

The data policy published by Facebook, which can be accessed at https://de-de.facebook.com/about/privacy/, provides information about the collection, processing and use of personal data by Facebook. It also explains which setting options Facebook offers to protect the privacy of the data subject. In addition, various applications are available that make it possible to suppress data transmission to Facebook. Such applications can be used by the data subject to suppress data transmission to Facebook.

10. DATA PROTECTION PROVISIONS ON THE APPLICATION AND USE OF GOOGLE ADWORDS

The controller has integrated Google AdWords on this website. Google AdWords is an Internet advertising service that allows advertisers to place ads in both Google's search engine results and the Google advertising network. Google AdWords allows an advertiser to pre-define certain keywords by means of which an ad is only displayed in Google's search engine results when the user retrieves a keyword-relevant search result using the search engine. In the Google advertising network, the ads are distributed on topic-relevant websites using an automatic algorithm and taking into account the previously defined keywords.

The operator of the Google AdWords services is Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351 USA

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 by displaying third-party advertising on our website.

If a data subject reaches our website via a Google ad, a so-called conversion cookie is stored on the information technology system of the data subject by Google. What cookies are has already been explained above. A conversion cookie expires after thirty days and is not used to identify the data subject. The conversion cookie is used, provided the cookie has not yet expired, to track whether certain subpages, such as the shopping cart of an online shop system, were accessed on our website. The conversion cookie enables both us and Google to track whether a data subject who reached our website via an AdWords ad generated sales, i.e. completed or canceled a purchase of goods.

The data and information collected through the use of the conversion cookie are used by Google to create 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 pass on this personal data collected via the technical process to third parties.

The data subject can prevent the setting of cookies through our website, as already shown above, at any time by means of a corresponding setting 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 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.

The data subject also has the option of objecting to interest-based advertising by Google. To do this, the data subject must call up the link www.google.de/settings/ads from each of the Internet browsers they use and make the desired settings there.

Further information and the applicable data protection provisions of Google can be found at https://www.google.de/intl/de/policies/privacy/.

11. 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 to fulfill a contract to which the data subject is a party, as is the case, for example, with processing operations that are 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 to carry out pre-contractual measures, for example in cases of inquiries about our products or services. If our company is subject to a legal obligation which requires the processing of personal data, such as to fulfill tax obligations, the processing is based on Art. 6 I lit. c GDPR. In 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 were injured in our company and his name, age, health insurance data 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.

12. LEGITIMATE INTERESTS IN THE 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 conduct of our business activities for the benefit of the well-being of all our employees and our shareholders.

13. DURATION FOR WHICH THE 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 unless it is no longer required to fulfill or initiate a contract.

14. LEGAL OR CONTRACTUAL PROVISIONS FOR THE PROVISION OF PERSONAL DATA; NECESSITY FOR THE CONCLUSION OF THE CONTRACT; OBLIGATION OF THE DATA SUBJECT TO PROVIDE PERSONAL DATA; POSSIBLE CONSEQUENCES OF FAILURE TO PROVIDE DATA

We would like to inform you that the provision of personal data is partly required by law (e.g. tax regulations) or may also result from contractual provisions (e.g. information on the contractual partner)

Sometimes it may be necessary for a data subject to provide us with personal data in order to conclude a contract, which we must subsequently 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 the personal data would mean that the contract with the data subject could not be concluded.

Before the data subject provides 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 the 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.

15. EXISTENCE OF AUTOMATED DECISION-MAKING

As a responsible company, we do not use automated decision-making or profiling.

This privacy policy was created by the privacy policy generator of the DGD Deutsche Gesellschaft für Datenschutz GmbH, which acts as the external data protection officer in Düsseldorf, in cooperation with the Cologne data protection lawyer Christian Solmecke.