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Data protection

 

Person responsible for data processing

Responsible for data processing is Dr. Jörg Rathenow

 

Personal Information Collected

Natural Performance Flexxit GmbH

Taubenweg 14

65207 Wiesbaden

Germany

Phone: +49-6127-9160374

 

Types of data processed

 

– Inventory data (e.g., names, addresses).
– Contact details (e.g., email, telephone numbers).
– Content data (e.g., text entries, photographs, videos).
– Contract data (e.g., subject matter of the contract, term, customer category).
– Payment data (e.g., bank details, payment history).
– Usage data (e.g. websites visited, interest in content, access times).
– Meta/communication data (e.g., device information, IP addresses).

 

Processing of special categories of data (Art. 9 Para. 1 GDPR):

No special categories of data are processed.

Categories of persons affected by the processing:

– Customers, interested parties, visitors and users of the online offer, business partners.
– Visitors and users of the online offering.
Below we refer to the affected persons collectively as “users”.

Purpose of processing:

– Provision of the online offer, its content and shop functions.
– Provision of contractual services, service and customer care.
– Answering contact requests and communicating with users.
– Marketing, advertising and market research.
- Safety measures.

As of: September 2022

 

1. Terminology used
1.1. “Personal data” means any information relating 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 (e.g. cookie) or one or more special features, which are an expression of the physical, physiological, genetic, psychological, economic, cultural or social identity of that natural person.

1.2. “Processing” means any operation or series of operations carried out on personal data, whether or not by automated means. The term is broad and encompasses virtually every way data is handled.

1.3. The “controller” is the natural or legal person, public authority, institution or other body that alone or jointly with others decides on the purposes and means of processing personal data.

2. Relevant legal bases
In accordance with Art. 13 GDPR, we will inform you of the legal basis for 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 Article 6 Paragraph 1 Letter a and Article 7 GDPR, the legal basis for processing to fulfill our services and implement contractual measures as well Answering inquiries is Art. 6 Para. 1 lit. b GDPR, the legal basis for processing to fulfill our legal obligations is Art. 6 Para. 1 lit. c GDPR, and the legal basis for processing to protect our legitimate interests is Art 6 Paragraph 1 Letter f GDPR. In the event that the vital interests of the data subject or another natural person require the processing of personal data, Article 6 (1) (d) GDPR serves as the legal basis.

3. Changes and updates to the privacy policy
We ask you to regularly inform yourself about the content of our data protection declaration. We will adapt the data protection declaration as soon as changes to the data processing we carry out make this necessary. We will inform you as soon as the changes require your cooperation (e.g. consent) or other individual notification.

4. Security measures
4.1. We take appropriate technical measures in accordance with Art. 32 GDPR, taking into account the state of the art, the implementation costs and the type, scope, circumstances and purposes of the processing as well as the different probability of occurrence and severity of the risk for the rights and freedoms of natural persons and organizational measures to ensure a level of protection appropriate to the risk; The measures include, in particular, ensuring the confidentiality, integrity and availability of data by controlling physical access to the data, as well as the access, input, distribution, ensuring availability and its separation. We have also set up procedures to ensure the exercise of the rights of those affected, the deletion of data and the response to threats to data. Furthermore, we take the protection of personal data into account when developing or selecting hardware, software and processes, in accordance with the principle of data protection through technology design and through data protection-friendly default settings (Art. 25 GDPR).

4.2. The security measures include, in particular, the encrypted transmission of data between your browser and our server.

5. Disclosure and Transfer of Information
5.1. If, as part of our processing, we disclose data to other people and companies (contract processors or third parties), transmit it to them or otherwise grant them access to the data, this only takes place on the basis of legal permission (e.g. if the data is transmitted to third parties, as to payment service providers, in accordance with Art. 6 Paragraph 1 lit - and legal advisors, customer care, accounting, billing and similar services that allow us to efficiently and effectively fulfill our contractual obligations, administrative tasks and obligations).

5.2. If we commission third parties to process data on the basis of a so-called “order processing contract”, this is done on the basis of Art. 28 GDPR.

6. Transfers to third countries
If we process data in a third country (i.e. outside the European Union (EU) or the European Economic Area (EEA)) or if this occurs as part of the use of third-party services or disclosure or transmission of data to third parties, this will only occur if it is done to fulfill our (pre-)contractual obligations, on the basis of your consent, on the basis of a legal obligation or on the basis of our legitimate interests. Subject to legal or contractual permissions, we only process or have the data processed in a third country if the special requirements of Art. 44 ff. GDPR are met. This means that the processing is carried out, for example, on the basis of special guarantees, such as the officially recognized determination of a data protection level that corresponds to the EU (e.g. for the USA through the “Privacy Shield”) or compliance with officially recognized special contractual obligations (so-called “standard contractual clauses”).

7. Rights of data subjects
7.1. You have the right to request confirmation as to whether the data in question is being processed and to receive information about this data as well as further information and a copy of the data in accordance with Art. 15 GDPR.

7.2. You have accordingly. Art. 16 GDPR gives you the right to request that the data concerning you be completed or that incorrect data concerning you be corrected.

7.3. In accordance with Art. 17 GDPR, you have the right to demand that the data in question be deleted immediately, or alternatively, in accordance with Art. 18 GDPR, to request a restriction on the processing of the data.

7.4. You have the right to request that the data concerning you that you have provided to us be received in accordance with Art. 20 GDPR and to request that it be transmitted to other responsible parties.

7.5. In accordance with Article 77 of the GDPR, you also have the right to lodge a complaint with the responsible supervisory authority.

8. Right of withdrawal
You have the right to revoke your consent in accordance with Article 7 Paragraph 3 of the GDPR with effect for the future.

9. Right to object
You can object to the future processing of your data at any time in accordance with Art. 21 GDPR. The objection can in particular be made against processing for direct advertising purposes.

10. Cookies and right to object to direct advertising
10.1. “Cookies” are small files that are stored on users’ computers. Different information can be stored within the cookies. A cookie is primarily used to store information about a user (or the device on which the cookie is stored) during or after their visit to an online offering. Temporary cookies, or “session cookies” or “transient cookies,” are cookies that are deleted after a user leaves an online offering and closes their browser. Such a cookie can, for example, store the contents of a shopping cart in an online shop or a login status. Cookies that remain stored even after the browser is closed are referred to as “permanent” or “persistent”. For example, the login status can be saved if users visit it after several days. The interests of users can also be stored in such a cookie, which is used for range measurement or marketing purposes. Cookies from providers other than the person responsible who operates the online offering are referred to as “third-party cookies” (otherwise, if they are only their cookies, they are referred to as “first-party cookies”).

10.2. We use temporary and permanent cookies and explain this in our data protection declaration.
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. Saved cookies can be deleted in the browser's system settings. The exclusion of cookies can lead to functional restrictions of this online offer.

10.3. A general objection to the use of cookies used for online marketing purposes can be made for a large number of services, especially in the case of tracking, via the US website.http://www.aboutads.info/choices/ or the EU page http://www.youronlinechoices.com/ explains become. Furthermore, the storage of cookies can be achieved by switching them off in the browser settings. Please note that not all functions of this online offer may then be able to be used.

11. Deletion of data
11.1. The data we process will be deleted or its processing will be restricted in accordance with Articles 17 and 18 of the GDPR. Unless expressly stated in this data protection declaration, the data stored by us will be deleted as soon as they are no longer required for their intended purpose and the deletion does not conflict with any legal retention obligations. Unless the data is deleted because it is required for other legally permissible purposes, its processing will be restricted. This means that the data will be blocked and not processed for other purposes. This applies, for example, to data that must be retained for commercial or tax reasons.

11.2. Germany: According to legal requirements, storage is carried out in particular for 6 years in accordance with Section 257 Paragraph 1 HGB (commercial books, inventories, opening balance sheets, annual financial statements, commercial letters, accounting documents, etc.) and for 10 years in accordance with Section 147 Paragraph 1 AO (books, records , management reports, accounting documents, commercial and business letters, documents relevant to taxation, etc

11.3. Austria: According to legal requirements, storage takes place in particular for 7 years in accordance with Section 132 Paragraph 1 BAO (accounting documents, receipts/invoices, accounts, receipts, business papers, list of income and expenses, etc.), for 22 years in connection with real estate and for 10 years for documents relating to electronically provided services, telecommunications, radio and television services that are provided to non-entrepreneurs in EU member states and for which the Mini-One-Stop-Shop (MOSS) is used.

12. Order processing in the online shop and customer account
12.1. We process our customers' data as part of the ordering process 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.

12.2. The data processed includes inventory data, communication data, contract data, payment data and the data subjects include our customers, interested parties and other business partners. The processing takes place for the purpose of providing contractual services as part of the operation of an online shop, billing, delivery and customer services. We use session cookies to store the contents of the shopping cart and permanent cookies to store the login status.

12.3. Processing is carried out on the basis of Article 6 Paragraph 1 Letter b (Execution of ordering processes) and c (Lawfully required archiving) GDPR. The information marked as necessary is required to establish and fulfill the contract. We only disclose the data to third parties as part of delivery, payment or within the scope of legal permissions and obligations towards legal advisors and authorities. The data will only be processed in third countries if this is necessary to fulfill the contract (e.g. at the customer's request for delivery or payment).

12.4. Users can optionally create a user account, in particular by being able to view their orders. As part of registration, the required mandatory information is provided to users. User accounts are not public and cannot be indexed by search engines. If users have canceled their user account, their data will be deleted with regard to the user account, unless their retention is necessary for commercial or tax law reasons in accordance with Article 6 Paragraph 1 Letter c GDPR. Information in the customer account remains until it is deleted and subsequently archived in the event of a legal obligation. It is the users' responsibility to back up their data before the end of the contract if the contract is terminated.

12.5. As part of registration and re-registration as well as 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 protection against misuse and other unauthorized use. In principle, 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 Article 6 (1) (c) GDPR.

12.6. The deletion takes place after the expiry of statutory warranty and comparable obligations; the necessity of storing the data is checked every three years; In the case of legal archiving obligations, deletion occurs after their expiry (end of commercial law (6 years) and tax law (10 years) retention obligations); Information in the customer account remains until it is deleted.

13. Business analyzes and market research
13.1. In order to operate our business economically and to recognize market trends, customer and user wishes, we analyze the data we have on business transactions, contracts, inquiries, etc. We process inventory data, communication data, contract data, payment data, usage data, metadata on the basis of Art. 6 Para. 1 lit. f. GDPR, whereby the persons affected include customers, interested parties, business partners, visitors and users of the online offering. The analyzes are carried out for the purpose of business evaluations, marketing and market research. We can take into account the profiles of registered users with information about their purchasing processes, for example. The analyzes help us to increase user-friendliness, optimize our offering and improve business efficiency. The analyzes are for our sole purpose and are not disclosed externally unless they are anonymous analyzes with summarized values.

13.2. If these analyzes or profiles are personal, they will be deleted or anonymized when the user terminates their contract, otherwise after two years from the conclusion of the contract. Furthermore, the overall business analyzes and general trend determinations are created anonymously if possible.

2. Checking a customer's creditworthiness is permitted if there is otherwise a risk of non-payment, i.e. if the goods are delivered without payment having been received (i.e. if the customer chooses to purchase on account). However, there is no threat of payment default if, for example, the customer chooses the advance payment option or makes payment via third-party providers such as Paypal.

It should also be noted that obtaining an automatic credit report constitutes an “automated decision in individual cases” in accordance with Article 22 of the GDPR, i.e. a legal decision without human involvement. This is permissible if the customer has consented or this decision is necessary for the conclusion of the contract. Whether the decision is necessary has not yet been conclusively clarified, but it is often taken as a given, including by the author of this model. However, if you want to eliminate any risk, you should obtain consent.

Consent is also necessary if the credit report is already being used to decide whether the “on account” option should be displayed. It could have been that the customer would have opted for advance payment or Paypal anyway and the credit check would not have been necessary.

Such consent could, for example, be as follows:

I agree that a credit check will be carried out in order to decide in an automated process (Art. 22 GDPR) whether the option of purchasing on account is offered. Further information about the credit check, the credit reporting agencies used and the procedure as well as the objection options can be found in our [Link]Data protection declaration[/Link].

14. Credit Reports
14.1. If we make advance payment (e.g. when purchasing on account), we reserve the right to obtain identity and credit information from specialized service companies (credit agencies) in order to assess the credit risk based on mathematical and statistical procedures in order to protect our legitimate interests.

14.2. As part of the credit report, we transmit the following personal data of the customer (name, postal address, date of birth, information on the type of contract, bank details [please provide additional data if necessary]) to the following credit agencies:
[Please specify the credit agencies here, e.g.:] SCHUFA company (SCHUFA Holding AG, Kormoranweg 5, 65201 Wiesbaden), data protection information: https://www.schufa.de/de/ueber-uns/daten-scoring/.

14.3. We process the information received from the credit reporting agencies about the statistical probability of a payment default as part of an appropriate discretionary decision on the establishment, implementation and termination of the contractual relationship. We reserve the right to refuse payment on account or any other advance payment in the event of a negative result of the credit check.

14.4. The decision as to whether we make advance payments is made in accordance with Art. 22 GDPR solely on the basis of an automated decision in individual cases, which our software makes based on the information from the credit reporting agency.

14.5 If we obtain express consent from you, the legal basis for the credit report and the transmission of the customer's data to the credit agencies is the consent in accordance with Article 6 Paragraph 1 Letter a, 7 GDPR. If consent is not obtained, our legitimate interests in the reliability of your payment claim are the legal basis in accordance with Article 6 Paragraph 1 Letter f of the GDPR.

15. Contact Us and Customer Service
15.1. When you contact us (via contact form or email), the user's information will be processed to process the contact request and process it in accordance with Article 6 Paragraph 1 Letter b) GDPR.

15.2. User information can be stored in our customer relationship management system (“CRM system”) or comparable inquiry organization.

15.3. We delete the requests if they are no longer necessary. We review the necessity every two years; We permanently store inquiries from customers who have a customer account and refer to the customer account details for deletion. The statutory archiving obligations also apply.

16. Collection of access data and log files
16.1. Based on our legitimate interests within the meaning of Article 6 Paragraph 1 Letter f of the GDPR, 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 .

16.2. Log file information is stored for security reasons (e.g. to investigate acts of abuse or fraud) for a maximum of seven days and then deleted. Data whose further storage is necessary for evidentiary purposes is excluded from deletion until the respective incident has been finally clarified.

17. Online social media presence
17.1. Based on our legitimate interests within the meaning of Article 6 Paragraph 1 Letter f of the GDPR, we maintain online presences within social networks and platforms in order to be able to communicate with 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.

17.2 Unless otherwise stated in our data protection declaration, we process users' data if they communicate with us on social networks and platforms, e.g. write posts on our online presence or send us messages.

19. Furthermore, when using the Facebook pixel, we use the additional function “extended matching” (here data such as telephone numbers, email addresses or Facebook IDs of the users) are used to form target groups (“Custom Audiences” or “Look Alike Audiences”). ) transmitted to Facebook (encrypted). Further information on “extended comparison”: https://www.facebook.com/business/help/611774685654668).

We also use the “Custom Audiences from File” process from the social network Facebook, Inc. In this case, the email addresses of the newsletter recipients are uploaded to Facebook. The upload process is encrypted. The upload is used solely to determine recipients of our Facebook ads. We want to ensure that the ads are only shown to users who are interested in our information and services.

Note on opt-out: Please note that at the time this template was created, Facebook does not offer an opt-out and you must implement it yourself. If you don't, you must remove this passage. The implementation can be done, for example, using Javascript (setting the opt-out link) and when loading the page via PHP (which checks whether the opt-out cookie has been set and only loads the Facebook pixel if the result is negative). If a user visits the website, it must be checked whether the “opt-out” cookie is set. If so, the “Facebook Pixel” may not be loaded.

In the case of your own opt-out, please include the following addition:

To prevent your data from being collected using the Facebook pixel on our website, please click the following link: Facebook Opt-Out Note: If you click the link, an “opt-out” cookie will be stored on your device. If you delete the cookies in this browser, you will have to click the link again. Furthermore, the opt-out only applies within the browser you are using and only within our web domain on which the link was clicked.

20. Facebook, Custom Audiences and Facebook Marketing Services
20.1. Within our online offering, due to our legitimate interests in the analysis, optimization and economic operation of our online offering and for these purposes, 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 Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland (“Facebook”) is used.

20.2. Facebook is certified under the Privacy Shield Agreement and thereby offers a guarantee that it will comply with European data protection law (https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active).

20.3. With the help of the Facebook pixel, Facebook is able to determine the visitors to our online offering as a target group for the display of advertisements (so-called “Facebook ads”). Accordingly, we use the Facebook pixel to only show the Facebook ads we place to those Facebook users who have shown an interest in our online offering or who have certain characteristics (e.g. interests in certain topics or products) based on the information they visit websites) that we transmit to Facebook (so-called “Custom Audiences”). With the help of the Facebook pixel, we also want to ensure that our Facebook ads correspond to the potential interest of the users and do not appear annoying. With the help of the Facebook pixel, we can also understand the effectiveness of Facebook advertisements for statistical and market research purposes by seeing whether users were redirected to our website after clicking on a Facebook advertisement (so-called “conversion”).

20.4. The processing of data by Facebook takes place within the framework of Facebook's data usage policy. Accordingly, general information on the display of Facebook ads in Facebook's data usage policy: https://www.facebook.com/policy.php. Specific information and details about the Facebook pixel and how it works can be found in the Facebook help section: https://www.facebook.com/business/help/651294705016616.

20.5. You can object to the collection by the Facebook pixel and the use of your data to display Facebook ads. To set which types of advertisements are shown to you within Facebook, you can go to the page set up by Facebook and follow the instructions there on the settings for usage-based advertising: https://www.facebook.com/settings?tab=ads. The settings are platform-independent, i.e. they are applied to all devices, such as desktop computers or mobile devices.

20.6. You can also opt out of the use of cookies, which are used to measure reach and for advertising purposes, via the deactivation page of the Network Advertising Initiative (http://optout.networkadvertising.org/) and additionally the US website (http://www.aboutads.info/choices) or the European website (http://www.youronlinechoices.com/uk/your-ad-choices/) contradict.

21. Facebook Social Plugins
21.1. Based on our legitimate interests (i.e. interest in the analysis, optimization and economic operation of our online offering within the meaning of Art. 6 Para. 1 lit. f. GDPR), we use social plugins (“plugins”) from the social network facebook.com, which is operated by Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland (“Facebook”). The plugins can display interaction elements or content (e.g. videos, graphics or text posts) and can be recognized by one of the Facebook logos (white “f” on a blue tile, the terms “Like”, “Like” or a “thumbs up” sign). ) or are marked with the addition “Facebook Social Plugin”. The list and appearance of the Facebook social plugins can be viewed here: https://developers.facebook.com/docs/plugins/.

21.2. Facebook is certified under the Privacy Shield Agreement and thereby offers a guarantee that it will comply with European data protection law (https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active).

21.3. When a user accesses a function of this online offering that contains such a plugin, their device establishes a direct connection to the Facebook servers. The content of the plugin is transmitted by Facebook directly to the user's device and integrated into the online offering. User usage profiles can be created from the processed data. We therefore have no influence on the amount of data that Facebook collects with the help of this plugin and therefore inform users according to our level of knowledge.

21.4. By integrating the plugins, Facebook receives the information that a user has accessed the corresponding page of the online offering. If the user is logged in to Facebook, Facebook can assign the visit to their Facebook account. When users interact with the plugins, for example by clicking the Like button or leaving a comment, the corresponding information is transmitted from your device directly to Facebook and stored there. If a user is not a member of Facebook, there is still the possibility that Facebook will find out and store their IP address. According to Facebook, only an anonymized IP address is stored in Germany.

21.5. The purpose and scope of data collection and the further processing and use of the data by Facebook as well as the related rights and setting options to protect the privacy of users can be found in Facebook's data protection information: https://www.facebook.com/about/privacy/.

21.6. If a user is a Facebook member and does not want Facebook to collect data about them via this online offering and link it to their member data stored on Facebook, they must log out of Facebook and delete their cookies before using our online offering. Further settings and objections to the use of data for advertising purposes are possible within the Facebook profile settings: https://www.facebook.com/settings?tab=ads  or via the US website http://www.aboutads.info/choices/  or the EU site http://www.youronlinechoices.com/. The settings are platform-independent, i.e. they are applied to all devices, such as desktop computers or mobile devices.

27. Communication via post, email, fax or telephone
27.1 We use means of distance communication, such as post, telephone or email, for business transactions and marketing purposes. We process inventory data, address and contact data as well as contract data from customers, participants, interested parties and communication partners.

27.2 Processing is carried out on the basis of Article 6 Paragraph 1 Letter a, Article 7 GDPR, Article 6 Paragraph 1 Letter f GDPR in conjunction with legal requirements for advertising communications. Contact will only be made with the consent of the contact partner or within the scope of legal permissions and the processed data will be deleted as soon as they are not required and otherwise with objection/revocation or cessation of the authorization bases or legal archiving obligations.

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