Data protection

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).

Responsibility

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

Types of data processed

– Inventory data (e.g. names, addresses).
– Contact data (e.g. e-mail, telephone numbers)
– Contract data (e.g. subject 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 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 basis

In accordance with Art. 13 and 14 DS-GVO, we 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 Art. 6(1)(a) and Art. 7 DS-GVO, the legal basis for processing for the performance of our services and implementation of contractual measures as well as answering enquiries is Art. 6(1)(b) DS-GVO, the legal basis for processing for the performance of our legal obligations is Art. 6(1)(c) DS-GVO, and the legal basis for processing for the protection of our legitimate interests is Art. 6(1)(f) DS-GVO.

Security measures

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

Cooperation with processors and third parties

If, in the course of our processing, we disclose data to other persons and companies (processors or third parties), transmit it to them or otherwise grant them access to the data, this will only be done on the basis of legal permission. This may be the case, for example, if the transfer of data to third parties, such as payment service providers, is necessary for the performance of a 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 agreement”, 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 is being processed and to information about this data as well as further information and a copy of the data in accordance with Art. 15 DS-GVO.
You have 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 withdraw your consent in accordance with Art. 7 (3) DS-GVO with effect for the future. Please send your withdrawal to one of the contact options listed in the imprint.

Right of objection

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

Retention period of data

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, storage is 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 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 claimed.

Collection of access data and log files

We, or rather our hosting provider, collect on the basis of our legitimate interests within the meaning of Art. 6 para. 1 lit. f. DS-GVO, we or our hosting provider collect data about each 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 has been finally clarified.

Order processing on our learning platform

Our course and learning platform are hosted by Thinkific Labs Inc (“Thinkific”). They provide us with the platform to create online courses, which enables us to sell our products/services to our users.

User data is stored in Thinkific’s data store, databases and the general Thinkific application. They store your data on a secure server behind a firewall.

Payment:

When a user makes a purchase on our learning platform (Thinkific), we use the third-party payment processors Stripe and Paypal. For payment processing, the data protection regulations of Stripe (https://stripe.com/de/privacy) and PayPal (https://www.paypal.com/myaccount/privacy/privacyhub) apply accordingly.

All direct payment gateways adhere to the standards set by the PCI-DSS, which are managed by the PCI Security Standards Council, a joint initiative of brands such as Visa, MasterCard, American Express and Discover.

The PCI-DSS requirements help to ensure the secure handling of credit card data on our learning platform and associated courses, as well as with service providers.

Users can also find more information in Thinkific’s Terms and Conditions here https://www.thinkific.com/resources/privacy-policy/ or Privacy Policy here https://www.thinkific.com/resources/terms-of-service/ .

We process the data of our customers in the context of ordering processes on our learning platform to enable them to select and order the selected products and services, as well as to pay for and deliver, or execute them. The data processed includes inventory data, communication data, contract data, payment data and the data subjects of the processing include our customers, prospective customers and other business partners.

The processing is carried out for the purpose of providing contractual services in the context of operating a learning platform, 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 only disclose the data to third parties 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).

Security

To protect our users’ personal information, we take reasonable precautions and follow industry best practices to ensure that it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.

When users provide us with their credit card information, the information is encrypted using Secure Socket Layer (SSL) technology and stored using AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement other generally accepted industry standards.

Registration function

Users must create a user account to use our online courses. As part of the registration process, users are provided with the required mandatory information, which includes, but is not limited to, name and email address. The data entered as part of the registration process will be used for the purposes 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 users’ responsibility 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. This 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 in accordance with Art. 6 Para. 1 lit. c DS-GVO. The IP addresses are anonymised or deleted at the latest after expiry of the statutory retention periods.

Contact

When contacting us (e.g. 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 pursuant to Art. 6 (1) lit. b DS-GVO. The user’s details may be stored in a customer relationship management system (“CRM system”) or comparable enquiry organisation.

We delete the enquiries if they are no longer necessary. We review the necessity every two years; furthermore, the legal archiving obligations apply.

Cookies

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

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

On our websites, we use the so-called Facebook pixel of the social network Facebook, which is operated by Facebook Inc., 1 Hacker Way, Menlo Park, CA 94025, USA, or – if you are based in the EU – Facebook Ireland Limited, 4 Grand Canal Square, Dublin 2, Ireland.

The Facebook Pixel is a JavaScript code that is embedded on our website for statistical and market research purposes. This enables Facebook to identify visitors to our online offer as a target group for the display of advertisements (so-called “Facebook Ads”).

The Facebook pixel is therefore used to display the Facebook ads placed by us only to those Facebook users who have also shown an interest in our online offer or who have certain characteristics (e.g. interests in certain topics or products determined on the basis of the websites visited) that we transmit to Facebook (so-called “Custom Audiences”).

Furthermore, the Facebook pixel enables us to see whether users were redirected to our website after clicking on a Facebook ad, so that we can check and track the effectiveness of the Facebook ads (so-called “conversion”).

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

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

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

Online presence in social media

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 there. When calling up 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 posts on our online presences or send us messages.

Integration of third-party services and content

Within our online offer, we use content or service offers of third parties on the basis of our legitimate interests (i.e. interest in the analysis, optimisation and economic operation of our online offer within the meaning of Art. 6 para. 1 lit. f. DS-GVO), we use content or services offered by third party providers in order to integrate their content and services, such as videos (hereinafter uniformly referred to as “content”).
This always requires that the third-party providers of this content are aware of the IP address of the user, as without the IP address they would not be able to send the content to their browser. The IP address is therefore necessary for the display of this content. We endeavour to use only such content whose respective providers only use the IP address to deliver the content. Third-party providers may also use so-called pixel tags (invisible graphics, also known as “web beacons”) for statistical or marketing purposes. The “pixel tags” can be used to evaluate information such as visitor traffic on the pages of this website. The pseudonymous information may also be stored in cookies on the user’s device and may contain, among other things, technical information about the browser and operating system, referring websites, time of visit and other information about the use of our online offering, as well as being linked to such information from other sources.

In general, the third party service providers we use will only collect, use and share information to the extent necessary to provide the services they provide to us. However, certain third party providers, such as payment gateways and other payment processors, have their own privacy policies regarding the information we are required to provide to them for purchase-related transactions.

We recommend that each user read the privacy policies of these providers to understand how personal information is handled by these providers.

Certain providers may be located in a different country or have facilities located in a different country than the user or us. If the user chooses to conduct a transaction using the services of a third party provider, the data may be subject to the laws of the country in which that provider or its facilities are located.

For example, if a user is located in Canada and the transaction is processed through a payment gateway in the United States, the personal data used in the processing of that transaction may be disclosed under United States legislation, including the Patriot Act.

Once the user leaves our course website or is redirected to a third party website or application, they are no longer subject to this Privacy Policy or our website’s Terms and Conditions.

YouTube

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

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

Affiliate-Programm and Affiliate-Links

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

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

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

TradeTracker

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

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

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

Newsletter

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

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

Dispatch service provider

The newsletter is sent using “MailChimp”, a newsletter sending platform of the US provider Rocket Science Group, LLC, 675 Ponce De Leon Ave NE #5000, Atlanta, GA 30308, USA. You can view the data protection provisions of the dispatch service provider here: https://mailchimp.com/legal/privacy/. The email addresses of our newsletter recipients, as well as their other data described in this notice, are stored on MailChimp’s servers in the USA. MailChimp uses this information to send and evaluate the newsletter on our behalf. Furthermore, according to its own information, MailChimp may use this data to optimise or improve its own services, e.g. for the technical optimisation of the dispatch and the presentation of the newsletters or for economic purposes in order to determine from which countries the recipients come. However, MailChimp does not use the data of our newsletter recipients to write to them itself or to pass it on to third parties. MailChimp has undertaken to comply with EU data protection regulations. Furthermore, we have concluded a “Data Processing Agreement” with MailChimp. This is a contract in which MailChimp undertakes to protect the data of our users, to process it on our behalf in accordance with its data protection regulations and, in particular, not to pass it on to third parties.

Registration data

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

Statistical collection and analyses

The newsletters contain a so-called “web beacon”, i.e. a pixel-sized file that is retrieved from the MailChimp server when the newsletter is opened. Within the scope of this retrieval, technical information, such as information on the browser and your system, as well as your IP address and the time of the retrieval are initially collected. This information is used for the technical improvement of the services based on the technical data or the target groups and their reading behaviour based on their retrieval locations (which can be determined with the help of the IP address) or the access times. Statistical surveys also include determining whether newsletters are opened, when they are opened and which links are clicked. For technical reasons, this information can be assigned to the individual newsletter recipients. However, it is neither our intention nor that of MailChimp to observe individual users. The analyses serve us much more to recognise the reading habits of our users and to adapt our content to them or to send different content according to the interests of our users.

Online access and data management

There are cases where we direct newsletter recipients to MailChimp’s websites. For example, our newsletters contain a link with which newsletter recipients can call up the newsletters online (e.g. in the event of display problems in the email programme). Furthermore, newsletter recipients can subsequently correct their data, such as the email address. Likewise, MailChimp’s privacy policy can only be accessed on their site.

In this context, we pointed out that cookies are used on MailChimp’s websites and that personal data is thus processed by MailChimp, its partners and service providers used (e.g. Google Analytics). We have no influence on this data collection. For further information, please refer to MailChimp’s privacy policy. We would also like to point out that you have the option to object to the collection of data for advertising purposes on the websites http://www.aboutads.info/choices/ and http://www.youronlinechoices.com/ (for the European region).

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

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

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

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

You will find a link to cancel the newsletter at the end of each newsletter.

Haigerloch, 07.04.2022