Thank you for visiting our website. For the management of fitnessmarkt.de services GmbH, the protection of your data is of particular importance. The use of our web pages is possible without any indication of personal data. If you wish to make use of a special service of fitnessmarkt.de services GmbH via our website, the processing of personal data may become necessary. In the event that personal data are processed and there is no legal basis for processing, we obtain the consent of the data subject. The processing of personal data such as name, address, e-mail address or telephone number of the data subject always takes place in compliance with the basic European data protection regulation and the country-specific data protection laws applicable to fitnessmarkt.de services GmbH. In this data protection declaration, our company informs the data subjects about the type, scope and purpose of the processing of personal data carried out by us. Furthermore, those concerned will be informed of their rights. As the person responsible for data processing, fitnessmarkt.de services GmbH has implemented extensive technical and organisational measures to protect the data processed via this website as comprehensively as possible. Nevertheless, data transmissions on the Internet can have security gaps and complete protection is not possible. Therefore, every data subject is free to transmit personal data to us in other ways.
This data protection declaration uses terms that were defined when the General Data Protection Regulation was issued. To make this data protection declaration easy to read and understand, we explain the terms used in advance:
1.1 Personal data
Personal data are all data and information of an identified or identifiable natural person (data subject). An identifiable person is one who can be identified, directly or indirectly, by assignment to an identifier such as a name, an identification number, location data, an online identifier or one or more special characteristics that express the physical, physiological, genetic, psychological, economic, cultural or social identity of this natural person.
1.2 Data subjects
Data subjects are persons whose personal data are processed by the data controller.
Processing is any process or set of processes related to personal data such as collecting, recording, organizing, sorting, storing, adapting or modifying, reading, querying, using, disclosing by transmission, dissemination or any other form of providing, matching or linking, restricting, deleting or destroying.
1.4 Limitation of processing
Limitation of processing is the marking of stored personal data with the aim of restricting their future processing.
Pseudonymization is the processing of personal data, so that the personal data can no longer be assigned to a data subject without the help of further information. This additional information must be kept secure and separate, so that the personal data cannot be attributed to the data subject.
1.6 Responsible person
The responsible person is the company or the person, authority, body or other entity which alone or together with others decides on the processing of personal data.
1.7. Contract processor
Contract processor is a company or a person, authority, institution or other body that processes personal data on behalf of the data controller.
Recipient is a company, person, authority, institution or other body to which personal data have been disclosed by transmission. However, authorities that may receive personal data as part of an investigation mandate shall not be considered recipients.
1.9. Third parties
A third party is a company, person, authority, institution or other body other than the data subject, the responsible person, the contract processor and who is under the direct responsibility of the responsible person or the contract processor and who is authorised to process the personal data.
Consent is any declaration made voluntarily by the data subject for a particular case in an informed and unequivocal manner or any other clear affirmative act with which the data subject indicates that he/she agrees to the processing of his/her personal data.
2 Name and address of the responsible person
The person responsible within the meaning of the General Data Protection Regulation (GDPR), other data protection laws in force in the Member States of the European Union and other provisions of a data protection nature is:
fitnessmarkt.de services GmbH
Phone: +49 911 521919-10
3 Name and address of the data protection officer
The data protection officer of the data controller is:
Data protection officer of fitnessmarkt.de services GmbH
Phone: +49 911 521919-10
If you have any questions or suggestions regarding data protection, please do not hesitate to contact our data protection officer.
5 Collection of general data and information
Our websites collect a range of general information each time an individual or an automated system visits them. This general information is stored in the log files of our web server. We may record the browsers and versions used, the operating system used by the accessing system, the website from which an accessing system accesses our website, the subwebsites which are accessed on our website, the date and time of access to our website, an Internet protocol address (IP address), the Internet service provider of the accessing system and other similar information which may serve to avert danger from attacks on our systems. When using this general data and information, fitnessmarkt.de services GmbH does not draw any conclusions about the data subject. Rather, this information is needed to correctly deliver the contents of our websites and to optimize advertising for them, to ensure the long-term functionality of our systems and technology of our websites and to provide law enforcement authorities with the information necessary for criminal prosecution in the event of a cyber attack. This anonymously collected information is statistically evaluated by fitnessmarkt.de services GmbH. Furthermore, this information is analysed in order to increase data protection and data security and to ensure the protection of the personal data processed by us. The anonymous data of the log files are stored separately from the personal data entered by the data subjects.
6 Registering on our website
The data subject has the option of registering on our websites by providing personal data. The personal data which are transmitted to the responsible person result from the respective input mask which is used for the registration. The personal data entered by the data subject will only be collected and stored for registration purposes. The person responsible can arrange for the data to be passed on to one or more contract processors, who also use the personal data exclusively for internal use. This use is to be attributed to the person responsible. By registering on one of our websites, the IP address assigned by the Internet service provider of the data subject, the date and time of registration are stored. The storage of this data serves to prevent misuse of our services. This data can help to solve crimes committed. This data will not be passed on to third parties unless required to do so by law or for the purpose of criminal prosecution. The registration of the data subject by voluntarily providing personal data serves the responsible person to offer the data subject content or services that are only offered to registered users. Registered persons are free to change the personal data provided during registration at any time or to have it completely deleted from our database. Within the legal framework, we provide each data subject with information at any time upon request as to which personal data of the data subject are stored. Furthermore, the person responsible corrects or deletes personal data at the request or notice of the data subject, insofar as there are no legal obligations to store such data. The data protection officer and all employees of our company are available to the data subject as contact persons in this connection.
7 Newsletter subscription
On the web pages of fitnessmarkt.de services GmbH, users are given the opportunity to subscribe to our company's newsletter free of charge. Which personal data are transmitted to the person responsible for processing when ordering the newsletter is determined by the input mask used for this purpose. fitnessmarkt.de services GmbH informs its customers and business partners at regular intervals by means of a newsletter about offers and news of the company. The newsletter of our company can only be received by the data subject if the data subject has a valid e-mail address and has registered to receive the newsletter or has given us confirmation of this via the contact form. A confirmation e-mail is sent to the e-mail address entered by the data subject for the first time for sending the newsletter in order to check whether the owner of the e-mail address has permitted the receipt of the newsletter as the data subject. When subscribing to the newsletter, we also store the IP address of the computer system used by the data subject at the time of subscribing and the date and time of subscribing. The collection of this data is necessary in order to be able to trace a possible misuse of the e-mail address of a data subject at a later point in time and therefore serves the legal protection of the person responsible. The personal data collected when registering for the newsletter will be used exclusively for sending our newsletter. Furthermore, subscribers to the newsletter can be informed by e-mail about changes to the newsletter offer or the technical conditions. The personal data collected for the newsletter service will not be passed on to third parties. Subscribers can cancel their subscription to our newsletter at any time. Consent to the storage of personal data that the subscriber has given us for sending the newsletter can be revoked at any time. Each newsletter contains a link to revoke your consent and terminate your subscription. The notice of termination of the newsletter dispatch can also be transmitted to the person responsible in another way.
8 Newsletter tracking
The newsletters of fitnessmarkt.de services GmbH contain so-called counting pixels and tracking codes. Counting pixels and tracking codes are miniature graphics embedded in e-mails sent in HTML format to enable log file recording and analysis. This allows a statistical evaluation of the success or failure of online marketing campaigns to be carried out. Using the embedded pixel tags and tracking codes, fitnessmarkt.de services GmbH can recognize whether and when an e-mail was opened by an affected person and which links in the e-mail were called up by the affected person, as well as the evaluation of the actions on our websites. Such personal data collected via the tracking pixels and tracking codes contained in the newsletters are stored and evaluated by the data controller in order to optimise the dispatch of the newsletter and to adapt the content of future newsletters even better to the interests of the data subject. This personal data will not be passed on to third parties. Data subjects are entitled at any time to revoke the respective separate declaration of consent given via the double opt-in procedure. After revocation, this personal data will be deleted by the data controller. The fitnessmarkt.de services GmbH automatically interprets a cancellation from the receipt of the newsletter as a revocation.
9 Contact via the website
The web pages of fitnessmarkt.de services GmbH contain an e-mail address, a fax number and a telephone number which enable quick electronic contact and direct communication with our company. If a data subject contacts the person responsible by e-mail or via a contact form, the personal data transmitted by the data subject are automatically stored. Such personal data voluntarily transmitted by a data subject to the data controller will only be stored for the purpose of processing or contacting the data subject. This personal data is not passed on to third parties.
10 Routine deletion and blocking of personal data
The data controller processes and stores personal data only for the period necessary to achieve the storage purpose or as long as this has been provided for in laws or regulations to which the data controller is subject. If the storage purpose no longer applies or if the storage period prescribed by the competent legislator expires, the personal data will be blocked or deleted as a matter of routine and in accordance with the statutory provisions.
11 Rights of the data subject
11.1 Right to confirmation
Every data subject has the right to ask the data controller to confirm whether personal data concerned are being processed. If a data subject wishes to exercise this right, he can contact our data protection officer or another employee.
11.2 Right to information
Everyone concerned by the processing of personal data has the right to receive information about the personal data stored about him/her and a copy thereof from the data controller free of charge. Furthermore, the data subject has the right to obtain information about the following information:
- the processing purposes
- the categories of personal data to be processed
- the recipients or categories of recipients to whom the personal data have been or are still being disclosed, in particular recipients in third countries or international organisations
- if possible, the planned duration for which the personal data will be stored or, if this is not possible, the criteria for determining this duration
- the existence of a right of rectification or deletion of personal data concerning him or of a restriction on processing by the controller or of a right of opposition to such processing
- the existence of a right of appeal to a supervisory authority
- if the personal data is not collected from the data subject: All available information on the origin of the data, the existence of automated decision-making, including profiling in accordance with Article 22(1) and (4) GDPR and, at least in these cases, meaningful information on the logic involved and the scope and intended impact of such processing on the data subject.
Furthermore, the data subject has a right of information as to whether personal data have 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 on the appropriate guarantees in connection with the transmission. If a data subject wishes to make use of this right to information, he can contact our data protection officer or another employee of the person responsible at any time.
11.3 Right to correction
Anyone concerned by the processing of personal data has the right to request the immediate correction of incorrect personal data concerning them. Furthermore, the data subject has the right, taking into account the purposes of the processing, to request the completion of incomplete personal data, including by means of a supplementary declaration. If a data subject wishes to make use of this right of correction, he can contact our data protection officer or another employee of the person responsible at any time.
11.4 Right to cancellation (right to be forgotten)
Any data subject concerned by the processing of personal data shall have the right to require the controller to delete the personal data concerning him/her without delay, provided that one of the following reasons applies and insofar as the processing is not necessary:
The personal data have been collected or otherwise processed for such purposes for which they are no longer necessary.
The data subject withdraws his/her consent on which the processing was based pursuant to Article 6(1)(a) GDPR or Article 9(2)(a) GDPR and there is no other legal basis for the processing.
The data subject objects to processing under Article 21(1) GDPR and there are no overriding legitimate grounds for processing or the data subject objects to processing under Article 21(2) GDPR.
The personal data have been processed unlawfully. The deletion of personal data is necessary to fulfil a legal obligation under Union law or the law of the Member States to which the data controller is subject. The personal data was collected in relation to information society services offered in accordance with Article 8(1) GDPR. If one of the above-mentioned reasons applies and a data subject wishes to have personal data stored at fitnessmarkt.de services GmbH deleted, he can contact our data protection officer or another employee of the person responsible. The data protection officer of fitnessmarkt.de services GmbH or another employee will arrange for the request for deletion to be complied with immediately. If the personal data was made public by fitnessmarkt.de services GmbH and our company as the person responsible is obliged to delete the personal data in accordance with Article 17(1) GDPR, the fitnessmarkt.de services GmbH, taking into account the available technology and its implementation costs, to inform other persons responsible for data processing who process the published personal data that the data subject has requested the deletion of all links to this personal data or of copies or replications of this personal data from these other persons responsible for data processing, insofar as the processing is not necessary. The data protection officer of fitnessmarkt.de services GmbH or another employee will take the necessary steps in individual cases.
11.5 Right to limitation of processing
Any data subject involved in the processing of personal data has the right to request the controller to restrict the processing if one of the following conditions is met: the accuracy of the personal data is disputed by the data subject for a period which enables the data subject to verify the accuracy of the personal data. The processing is unlawful, the data subject refuses to delete the personal data and instead requests that the use of the personal data be restricted. The data 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 filed an objection to the processing pursuant to Article 21(1) GDPR and it has not yet been determined whether the legitimate reasons of the data controller outweigh those of the data subject. If one of the above-mentioned conditions is given and a data subject wishes to request the restriction of personal data stored at fitnessmarkt.de services GmbH, he can contact our data protection officer or another employee of the person responsible at any time. The data protection officer of fitnessmarkt.de services GmbH or another employee will arrange for the processing to be restricted.
11.6 Right to Data Transferability
Everyone concerned by the processing of personal data has the right to receive the personal data concerning him/her, which have been made available to the data controller, in a structured, common and machine-readable format. He also has the right to transmit this data to another data controller without obstruction by the controller to whom the personal data have been made available, provided that the processing is based on the consent provided for in Article 6(1)(a) GDPR or Article 9(2)(a) GDPR or on a contract pursuant to Article 6(1)(b) GDPR and that the processing is carried out using automated procedures, unless the processing is necessary for the performance of a task in the public interest or in the exercise of public authority conferred on the data controller. Furthermore, when exercising the right to data transferability pursuant to Article 20(1) GDPR, the data subject has the right to obtain that the personal data be transferred directly by a data controller to another data controller, insofar as this is technically possible and provided that the rights and freedoms of other persons are not affected by this. To assert the right to data transferability, the data subject can contact the data protection officer appointed by fitnessmarkt.de services GmbH or another employee at any time.
11.7 Right of objection
Any data subject concerned by the processing of personal data has the right to object at any time to the processing of personal data concerning him/her on the basis of Article 6(1)(e) or (f) of the GDPR for reasons arising from his particular situation. This also applies to profiling based on these provisions. In the event of an objection, fitnessmarkt.de services GmbH will no longer process personal data unless we can prove compelling reasons worthy of protection for the processing which outweigh the interests, rights and freedoms of the data subject or the processing serves to assert, exercise or defend legal claims. If fitnessmarkt.de services GmbH processes personal data in order to carry out direct advertising, the data subject has the right to object to the processing of the personal data at any time for the purpose of such advertising. This also applies to profiling insofar as it is connected with such direct advertising. If the data subject objects to fitnessmarkt.de services GmbH processing for direct advertising purposes, fitnessmarkt.de services GmbH will no longer process the personal data for these purposes. In addition, the data subject has the right to object to the processing of personal data for scientific or historical research purposes or for statistical purposes at fitnessmarkt.de services GmbH pursuant to Article 89(1) GDPR for reasons arising from his particular situation, unless such processing is necessary to fulfil a task in the public interest. To exercise the right of objection, the data subject can directly contact the data protection officer of fitnessmarkt.de services GmbH or another employee. The data subject shall also be free to exercise his right of opposition in connection with the use of information society services by means of automated procedures using technical specifications, notwithstanding Directive 2002/58/EC.
11.8 Automated decisions in individual cases including profiling
Any data subject shall have the right not to be subject to a decision based exclusively on automated processing, including profiling, which has legal effect on him or significantly affects him in a similar manner, provided that the decision is not necessary for the conclusion or performance of a contract between the data subject and the controller, or is admissible under laws to which the controller is subject, and that such laws contain appropriate measures to safeguard the rights and freedoms and the legitimate interests of the data subject or are taken with express consent. If the decision is necessary for the conclusion or the fulfilment of a contract between the data subject and the person responsible or if it is made with the express consent of the data subject, fitnessmarkt.de services GmbH takes appropriate measures to protect the rights and freedoms as well as the legitimate interests of the data subject, including at least the right to obtain the intervention of a person on the part of the person responsible, to state his own position and to contest the decision. If the data subject wishes to assert rights with regard to automated decisions, he may contact our data protection officer or another employee of the person responsible.
11.9 Right to revoke consent under data protection law
Anyone affected by the processing of personal data has the right to revoke their consent to the processing of personal data at any time. If the data subject wishes to exercise his right to revoke his consent, he can contact our data protection officer or another employee of the person responsible at any time.
12 Data protection for applications and in the application procedure
The person responsible collects and processes the personal data of applicants for the purpose of handling the application procedure. Processing may also be carried out electronically. This is particularly the case if an applicant submits corresponding application documents to the person responsible by electronic means, for example by e-mail or via a web form on the website. If the person responsible concludes an employment contract with an applicant, the data transmitted will be stored for the purpose of processing the employment relationship in compliance with the statutory provisions. If the controller does not conclude an employment contract with the applicant, the application documents shall be automatically deleted two months after notification of the decision of rejection, provided that no other legitimate interests of the controller stand in the way of deletion. Other legitimate interest in this sense is, for example, a burden of proof in proceedings under the General Act on Equal Treatment.
13 Legal basis of the processing
Article 6(1)(a) GDPR serves fitnessmarkt.de services GmbH as the legal basis for processing procedures for which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is a party, as is the case for example with processing operations necessary for the delivery of goods or the provision of other services or consideration, the processing is based on Article 6(1)(b) GDPR. The same applies to such processing processes that are necessary to carry out pre-contractual measures, for example in cases of enquiries about our products or services. If our company is subject to a legal obligation which requires the processing of personal data, for example to fulfil tax obligations, the processing is based on Article 6(1)(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 was injured in our company and his name, age, health insurance data or other information relevant to protection had to be passed on to a doctor, a hospital or other third parties. Then the processing would be based on Article 6(1)(d) GDPR. Ultimately, processing operations could be based on Article 6(1)(f) GDPR. Processing operations which are not covered by any of the aforementioned legal bases are based on this legal basis if processing is necessary to safeguard a legitimate interest of our company or a third party, provided that the interests, fundamental rights and freedoms of the data subject do not prevail. Such processing operations are permitted to us in particular because they were specifically mentioned by the legislator (recital 47, sentence 2 GDPR).
14 Legitimate interests in the processing pursued by the controller or a third party
If the processing of personal data is based on Article 6(1)(f) DSGVO, it is in our legitimate interest to conduct our business for the well-being of all our employees and our shareholders.
15 Duration for which the personal data is stored
The criterion for the duration of the storage of personal data is the respective legal retention period. After the expiry of this period, the corresponding data will be routinely deleted, provided that it is no longer necessary for the fulfilment or initiation of the contract.
16 Legal or contractual regulations for the provision of personal data
We inform you that the provision of personal data is partly required by law (e.g. tax regulations) or may also result from contractual regulations (e.g. information on the contractual partner). In some cases, it may be necessary for a contract to be concluded if a data subject provides us with personal data which must subsequently be processed by us. The data subject is obliged to provide us with personal data for the conclusion of a contract. If the data subject does not provide his/her personal data, no contract can be concluded with the data subject. Prior to the provision of personal data by the data subject, the data subject may contact our data protection officer. Our data protection officer will inform the data subject on a case-by-case basis whether the provision of personal data is required by law or contract or required for the conclusion of the contract, whether there is an obligation to provide the personal data and what consequences the failure to provide the personal data would have.
17 Existence of automated decision making
Our company does not use automatic decision making or profiling.
18 Google Analytics
Our websites use social plugins of the social network of Facebook. This service is provided by Facebook Inc. (Facebook), 1601 S. California Ave, Palo Alto, CA 94304, USA. The plugins can be identified by one of the different Facebook logos (white "f" on blue tile or a "thumbs up" sign) or are marked with the addition "Facebook Social Plugin". The list and appearance of Facebook Social Plugins can be viewed here: https://developers.facebook.com/docs/plugins/. When a user visits a website on our website that contains such a plugin, his browser establishes a direct connection to the Facebook servers. The content of the plugin is transmitted directly from Facebook to your browser and integrated into the website. We therefore have no influence on the extent of the data that Facebook collects with the help of this plugin and therefore inform those affected according to their level of knowledge: By integrating the plugins, Facebook receives the information that a user has called up the corresponding page of the offer. If the user is logged in to Facebook, Facebook can assign the visit to his Facebook account. When users interact with the plugins, for example by pressing the Like button or making a comment, the corresponding information is transmitted directly from your browser to Facebook and stored there. If a user is not a member of Facebook, it is still possible for Facebook to obtain and store his IP address. According to Facebook, only an anonymized IP address is stored in Germany. The purpose and scope of data collection and the further processing and use of the data by Facebook as well as the relevant rights and setting options for the protection of users' privacy can be found in Facebook's data protection information: https://www.facebook.com/about/privacy/. If a user is a Facebook member and does not want Facebook to use this offer to collect data about him or her and link it to his or her membership data stored on Facebook, he or she must log out of Facebook before visiting the website. 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 website http://www.youronlinechoices.com/. The settings are platform-independent, i.e. they are applied to all devices such as desktop computers or mobile devices.
20 Facebook Remarketing / Retargeting
21 Facebook Pixel
With your consent, we use the Facebook pixel (visitor action pixel) for visitor conversion measurement on our websites. This service is provided by Facebook Inc. (Facebook), 1601 S. California Ave, Palo Alto, CA 94304, USA. It allows us to track users' actions after they have seen or clicked on a Facebook ad. This enables us to measure the effectiveness of Facebook ads for statistical and market research purposes. The data collected in this way is anonymous to us, which means that we do not see the personal data of individual users. However, this data is stored and processed by Facebook, about which we inform you according to our level of knowledge. Facebook may link this information to your Facebook account and use it for its own advertising purposes, in accordance with its own data use policy: https://www.facebook.com/about/privacy/. You can allow Facebook and its partners to serve ads on and off Facebook. A cookie may also be stored on your computer for these purposes. This consent may only be given by users older than 15 years of age. If you are younger, we ask you to ask your guardians for advice. Please click here if you wish to revoke your consent https://www.facebook.com/ads/preferences/?entry_product=ad_settings_screen.
22 Communication via Facebook Messenger
24 Google Analytics
We use Google Analytics on our website. This is a service for the analysis of websites of Google Inc. (Google, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA). Google Analytics uses so-called cookies. The cookies are files. By storing the cookies on your computer, Google can analyse your use of our websites. This information and your IP address are transmitted to and stored by the Google servers in the USA. Google evaluates the information of your use of our website. This is used to create reports on your activities on our website and make them available to us. This may also serve the possibility of offering or providing other services associated with the use of our website or the Internet. Google may pass this information on to third parties if required to do so by law or in the event that third parties are commissioned by Google to carry out this data processing. Under no circumstances, however, will Google link your IP address with other Google data. You have the option of preventing these cookies from being stored on your computer. To do this, you must make the appropriate setting in your Internet browser. However, there is then the possibility that our website may only be of limited use to you. You can prevent Google from collecting, sending and processing your data and your IP address. You can download and install a plugin for your internet browser. This plugin is available under the following link: http://tools.google.com/dlpage/gaoptout?hl=en. You can find more information on the handling of user data in Google's data protection declaration: https://www.google.de/intl/de/policies/privacy/.
25 Google Fonts (local hosting)
26 Google Maps
This page uses functions of the map service Google Maps. Provider is Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA, e-mail: firstname.lastname@example.org. To use the functions of Google Maps it is necessary to save your IP address. This information is usually transferred to a Google server in the USA and stored there. The provider of this site has no influence on this data transmission. The use of Google Maps is in the interest of an appealing representation of our online offers and at an easy findability of the places indicated by us on the website. This represents a legitimate interest within the meaning of Article 6(1) GDPR. You can find more information on the handling of user data in Google's data protection declaration: https://www.google.de/intl/de/policies/privacy/.
28 YouTube plugins/player
29 Hotjar Tracking
Nuremberg, May 2018