This data protection declaration clarifies the type, scope and purpose of the processing of personal data (hereinafter referred to as “data”) within our online offering and the associated websites, functions and content as well as external online presences, such as our social media profile. (hereinafter jointly referred to as “online offer”). With regard to the terms used, such as “processing” or “person responsible”, we refer you to the definitions in Art. 4 of the General Data Protection Regulation (GDPR)
Name/Fa.: Tobias Horel /Physio Meets Science GmbH
Street no.: Johannes Reidel Straße 19
Postcode, town, country: 69181 Leimen, Germany
Commercial Register/No.: HRB733294
Associates: Jochen Zebisch, Tobias Horel, Tobias Saueressig, Max Herbst, Tim Starck
Phone number: 01783125530
E-mail address: firstname.lastname@example.org
Data protection officer: Tobias Horel
Name: Tobias Horel
Street no.: Johannes Reidel Straße 19
Postcode, town, country: 69181 Leimen, Germany
Phone number: +49-178-3125530
E-mail address: email@example.com
Types of data processed:
– Inventory data (for example, names, addresses).
– Contact data (e.g., e-mail, telephone numbers).
– Content data (e.g., text input, photographs, videos).
– 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 data subjects involved in the processing:
– Customers, interested parties, visitors and users of the online offer, business partners.
– Visitors and users of the online offer.
In the following, we will refer to the persons concerned collectively as “users”.
Purpose of processing:
– Provision of the online offer and its contents.
– Provision of contractual services, service and customer care.
– Answering contact enquiries and communicating with users.
– Marketing, advertising and market research.
– Security measures.
- Terms used
1.1 ‘Personal data’ means any information relating to an identified or identifiable natural person (hereinafter ‘data subject’); an identifiable natural person is one who 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. a cookie) or to one or more particular characteristics which express the physical, physiological, genetic, psychological, economic, cultural or social identity of that natural person.
1.2 “Processing” means any operation or set of operations which is carried out with or without the aid of automated processes and involves personal data. The term is broad and covers practically every handling of data.
1.3 A “controller” is a natural or legal person, public authority, agency or other body which alone or jointly with others determines the purposes and means of the processing of personal data.
- Applicable legal basis
In accordance with Art. 13 GDPR we inform you about the legal basis of our data processing. If the legal basis is not mentioned in the data protection declaration, the following applies: The legal basis for obtaining consent is Art. 6 para. 1 lit. a and Art. 7 GDPR, the legal basis for processing in order to fulfil our services and carry out contractual measures as well as answer inquiries is Art. 6 para. 1 lit. b GDPR, the legal basis for processing in order to fulfil our legal obligations is Art. 6 para. 1 lit. c GDPR, and the legal basis for processing in order to safeguard our legitimate interests is Art. 6 para. 1 lit. f GDPR. In the event that vital interests of the data subject or another natural person make processing of personal data necessary, Art. 6 para. 1 lit. d GDPR serves as the legal basis.
- Changes and updates to the data protection declaration
We ask you to inform yourself regularly about the content of our data protection declaration. We will adapt the data protection declaration as soon as the changes to the data processing carried out by us make this necessary. We will inform you as soon as the changes require your cooperation (e.g. consent) or other individual notification.
- Security measures
4.1 We shall take appropriate technical and organisational measures in accordance with Art. 32 GDPR, taking into account the state of the art, the implementation costs and the type, extent, circumstances and purposes of the processing, as well as the different probability of occurrence and severity of the risk to the rights and freedoms of natural persons, to ensure a level of protection appropriate to the risk; these measures shall include, in particular, safeguarding the confidentiality, integrity and availability of data by controlling the physical access to the data, as well as the access to, inputting, passing on, securing the availability and separation of the data relating to them. In addition, we have established procedures to ensure the exercise of data subjects’ rights, the deletion of data and the response to data threats. Furthermore, we take the protection of personal data into account as early as the development or selection of hardware, software and processes, in accordance with the principle of data protection through technology design and 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 transmission of data
5.1 Insofar as we disclose data to other persons and companies (processors or third parties) within the framework of our processing, transfer them to them or otherwise grant them access to the data, this shall only take place on the basis of a legal permit (e.g. if the data is transferred to third parties, such as payment service providers, pursuant to Art. 6 Para. 1 lit. b GDPR), you have consented, a legal obligation provides for this or on the basis of our legitimate interests (e.g. when using agents, hosting providers, tax, business and legal advisors, customer care, accounting, settlement and similar services which allow us to efficiently and effectively fulfil our contractual obligations, administrative tasks and duties).
5.2 If we commission third parties with the processing of data on the basis of a so-called “contract processing agreement”, this is done on the basis of Art. 28 GDPR.
- 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 is done in the context of the use of third-party services or disclosure or transfer of data to third parties, this will only occur if it is done to fulfil our (pre)contractual obligations, on the basis of your consent, a legal obligation or on the basis of our legitimate interests. Subject to legal or contractual permissions, we process or allow the data to be processed in a third country only if the special requirements of Art. 44 ff. of the German Data Protection Act are met. This means that the processing takes place, for example, on the basis of special guarantees, such as the officially recognised determination of a data protection level corresponding to the EU (e.g. for the USA by the “Privacy Shield”) or compliance with officially recognised 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 will be processed and to obtain information about such data and further information and a copy of the data in accordance with Art. 15 GDPR.
7.2 You have informed us accordingly. Art. 16 GDPR the right to request the completion of the data concerning you or the rectification of the incorrect data concerning you.
7.3 Pursuant to Art. 17 GDPR, you have the right to demand that the data concerned be deleted immediately or, alternatively, to demand that the processing of the data be restricted in accordance with Art. 18 GDPR.
7.4 You have the right to demand that the data concerning you which you have provided to us be received in accordance with Art. 20 GDPR and that it be transferred to other responsible parties.
7.5 Pursuant to Art. 77 GDPR, you also have the right to file a complaint with the competent supervisory authority.
8 Right of revocation
They have the right to revoke consents granted pursuant to Art. 7 para. 3 GDPR with effect for the future.
- Right of objection
You may object at any time to the future processing of the data concerning you in accordance with Art. 21 GDPR. In particular, you may object to the processing of your data for the purposes of direct marketing.
- Cookies and right to object to direct advertising
10.1 “Cookies” are small files that are stored on users’ computers. Different data 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 the user’s visit to an online service. Temporary cookies, or “session cookies” or “transient cookies”, are cookies that are deleted after a user leaves an online offer and closes his browser. The content of a shopping basket in an online shop or a login status, for example, can be stored in such a cookie. Cookies are referred to as “permanent” or “persistent” and remain stored even after the browser is closed. For example, the login status can be saved if users visit it after several days. The interests of the users who are used for range measurement or marketing purposes can also be stored in such a cookie. Third party cookies” are cookies from providers other than the person responsible for operating the online service (otherwise, if they are only their cookies, this is referred to as “first party cookies”).
10.2 We use temporary and permanent cookies and clarify this in the context of our data protection declaration.
If users do not wish 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 your browser. The exclusion of cookies can lead to functional restrictions of this online offer.
- Deletion of data
11.1 The data processed by us shall be deleted or their processing restricted in accordance with Art. 17 and 18 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 there are no legal obligations to retain them. If the data are not deleted because they are required for other and legally permissible purposes, their 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 stored for commercial or tax reasons.
11.2. Germany: According to legal requirements, data is stored in particular for 6 years in accordance with § 257 para. 1 HGB (German Commercial Code) (commercial books, inventories, opening balance sheets, annual financial statements, commercial letters, accounting records, etc.) and for 10 years in accordance with § 147 para. 1 AO (German Tax Code) (books, records, management reports, accounting records, commercial and business letters, documents relevant for taxation, etc.).
- Business analyses and market research
12.1 In order to run our business economically, to identify market trends, customer and user wishes, we analyse the data available to us on business transactions, contracts, enquiries, etc., in order to identify the most suitable and appropriate solutions. 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 concerned include customers, interested parties, business partners, visitors and users of the online offer. The analyses are carried out for the purpose of economic evaluations, marketing and market research. We can consider the profiles of the registered users with information, e.g. on their purchase transactions. The analyses serve us to increase the user friendliness, the optimization of our offer and the business economy. The analyses serve us alone and are not disclosed externally unless they are anonymous analyses with summarized values.
12.2 If these analyses or profiles are personal, they will be deleted or made anonymous upon termination by the user, otherwise after two years from the conclusion of the contract. In all other respects, the macroeconomic analyses and general trend definitions shall be prepared anonymously wherever possible.
- Establishing contact and customer service
13.1 When establishing contact with us (via contact form or e-mail), the user’s details are processed for processing the contact request and its processing in accordance with Art. 6 Para. 1 lit. b) GDPR.
13.2 The user’s details can be stored in our Customer Relationship Management System (“CRM System”) or comparable inquiry organisation.
13.3 We delete the requests if they are no longer necessary. We check the necessity every two years; inquiries from customers who have a customer account are stored permanently and refer to the customer account details for deletion. Furthermore, the statutory archiving obligations apply.
- Collection of access data and log files
14.1 On the basis of our legitimate interests within the meaning of Art. 6 Para. 1 lit. f. GDPR, we collect data on 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.
14.2 Log file information is stored for a maximum period of seven days for security reasons (e.g. to clarify misuse or fraud) and then deleted. Data, the further storage of which is necessary for evidence purposes, is excluded from deletion until the respective incident has been finally clarified.
- Online presences in social media
15.1 On the basis of our legitimate interests within the meaning of Art. 6 Para. 1 lit. f. we maintain the following GDPR online presences within social networks and platforms in order to communicate with customers, interested parties and users active there and to inform them about our services. When calling up the respective networks and platforms, the terms and conditions and data processing guidelines of their respective operators apply.
15.2 Unless otherwise stated in our data protection declaration, we process user data insofar as they communicate with us within the social networks and platforms, e.g. compose articles on our online presences or send us messages.
15.3 We use Google Analytics to display advertisements placed by Google and its partners within our advertising services only to users who have shown an interest in our online services 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 Google (so-called “remarketing” or “Google Analytics Audiences”). With the help of remarketing audiences, we would also like to ensure that our ads correspond to the potential interest of the users and do not appear annoying.
- Google Analytics
16.2 Google is certified under the Privacy Shield Agreement and thus offers a guarantee of compliance with European data protection law (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).
16.3 Google will use this information on our behalf to evaluate the use of our website by users, to compile reports on activities within this website and to provide us with other services relating to the use of this website and the internet. Pseudonymous user profiles can be created from the processed data.
16.4 We use Google Analytics only with activated IP anonymisation. This means that the IP address of the user is shortened by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to and truncated by Google on servers in the United States.
16.6 Further information on the use of data by Google, setting and objection options can be found on the web pages of Google: https://www.google.com/intl/de/policies/privacy/partners (“Use of data by Google for your use of websites or apps of our partners”), https://policies.google.com/technologies/ads (“Use of data for advertising purposes”), https://adssettings.google.com/authenticated (“Manage information that Google uses to show you advertising”).
- Facebook Social Plugins
17.1 On the basis of our legitimate interests (i.e. interest in the analysis, optimisation and economic operation of our online offer in the sense of Art. 6 Para. 1 lit. f. of the GDPR), we shall use the information contained in this website for our own purposes. Social Plugins (“Plugins”) of 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 contributions) and can be recognized by one of the Facebook logos (white “f” on a blue tile, the terms “like”, “like” or a “thumb 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/.
17.2 Facebook is certified under the Privacy Shield Agreement and thereby offers a guarantee of compliance with European data protection law (https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active).
17.3 If a user calls a function of this online service that contains such a plugin, his device establishes a direct connection with Facebook’s servers. The content of the plugin is transmitted directly from Facebook to the user’s device and integrated into the online service by the user. User profiles can be created from the processed data. We therefore have no influence on the extent of the data that Facebook collects with the help of this plugin and therefore inform the user according to our state of knowledge.
17.4 By integrating the plugins, Facebook receives the information that a user has called up the corresponding page of the online offer. If the user is logged in to Facebook, Facebook can assign the visit to his Facebook account. When users interact with the plug-ins, for example, by clicking the Like button or posting a comment, the corresponding information is transferred directly from your device to Facebook and stored there. If a user is not a member of Facebook, it is still possible for Facebook to find out his IP address and save it. According to Facebook, only an anonymous IP address is stored in Germany.
17.5 The purpose and scope of the 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/.
17.6 If a user is a Facebook member and does not want Facebook to collect data about him or her via this online service and link it with his or her member data stored on Facebook, he or she must log out of Facebook and delete his or her cookies before using our online service. 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 page http://www.aboutads.info/choices/ or the EU page http://www.youronlinechoices.com/. The settings are platform-independent, i.e. they are adopted for all devices, such as desktop computers or mobile devices.
- Communication via mail, e-mail, fax or telephone
18.1 We use means of distance communication, such as post, telephone or e-mail, for business transactions and marketing purposes. We process inventory data, address and contact data as well as contract data of customers, participants, interested parties and communication partners.
18.2 Processing takes place on the basis of Art. 6 para. 1 lit. a, Art. 7 GDPR, Art. 6 para. 1 lit. f GDPR in conjunction with legal requirements for advertising communications. Contact will only be established with the consent of the contact partners or within the scope of the legal permissions, and the processed data will be deleted as soon as they are not required and otherwise with objection/ revocation or the omission of the authorization bases or legal archiving obligations.
- Use of your data for direct marketing purposes
Subscriptions to our e-mail newsletter
If you subscribe to our e-mail newsletter, we will regularly send you information about our offers. Your e-mail address is the only mandatory information for sending the newsletter. The indication of further possibly data is voluntary and is used, in order to be able to address you personally. We use the so-called double opt-in procedure to send the newsletter. This means that we will only send you an e-mail newsletter after you have expressly confirmed that you agree to receive the newsletter. We will then send you a confirmation e-mail in which you will be asked to confirm that you wish to receive newsletters in the future by clicking on an appropriate link.
By activating the confirmation link, you consent to the use of your personal data in accordance with Art. 6 para. 1 lit. a GDPR. When you register for the newsletter, we store your IP address entered by the Internet Service Provider (ISP) as well as the date and time of registration in order to be able to track any possible misuse of your e-mail address at a later point in time. The data collected by us when you register for the newsletter will be used exclusively for the purposes of advertising in the newsletter. You can unsubscribe from the newsletter at any time via the link provided for this purpose in the newsletter or by sending a corresponding message to the responsible person named at the beginning. After you have unsubscribed, your e-mail address will be immediately deleted from our newsletter distribution list unless you have expressly consented to the further use of your data or unless we reserve the right to make further use of your data which is permitted by law and about which we inform you in this declaration.
- integration of services and contents of third parties
20.1 Within the scope of our online offer and 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. of the GDPR), we shall not be liable for any loss or damage arising out of or in connection with the use of our online offer. Content or service offers from third parties in order to integrate their content and services, such as videos or fonts (hereinafter uniformly referred to as “content”). This always presupposes that the third-party providers of this content perceive the IP address of the user, since they would not be able to send the content to their browser without the IP address. The IP address is therefore required for the presentation of this content. We make every effort to use only those contents whose respective providers only use the IP address to deliver the contents. Third party providers may also use so-called pixel tags (invisible graphics, also known as “web beacons”) for statistical or marketing purposes. 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 web pages, visit times and other information about the use of our online offering, as well as may be linked to such information from other sources.
20.2 The following presentation provides an overview of third party providers and their content, together with links to their data protection declarations, which contain further information on the processing of data and, in some cases already mentioned here, possibilities for objection (so-called opt-out).
– Maps of the “Google Maps” service of the third-party provider Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Privacy Statement: https://www.google.com/policies/privacy/, Opt-Out: https://www.google.com/settings/ads/.