Privacy policy

 

 

Fitlight Germany

 

A brand of DynamicEye - Stefanie Hennigfeld

 

Merheimer Str. 149a

 

D-50733 Cologne

 

Managing Director:

 

Stefanie Hennigfeld +49 170 45 46 455

 

 

stefanie@dynamic-eye.de

 

 

 

Responsible for the content according to § 10 paragraph 3 MDStV:

 

Stefanie Hennigfeld 

 

 

Thank you for your interest in our company. Data protection is of a particularly high priority for the management of Fitlight Deutschland. The use of the Internet pages of Fitlight Deutschland is possible without any indication of personal data. However, if a data subject wants to use special services of our enterprise via our website, processing of personal data could become necessary. If processing of personal data is necessary and if there is no legal basis for such processing, we will generally obtain the consent of the data subject. The processing of personal data, such as the name, address, e-mail address, or telephone number of a data subject shall always be in line with the General Data Protection Regulation, and in accordance with the country-specific data protection regulations applicable to the Fitlight Germany. By means of this data protection declaration, our company would like to inform the public about the type, scope and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed of their rights by means of this data protection declaration.

 

 As the controller, Fitlight Deutschland has implemented numerous technical and organisational measures to ensure the most complete protection of personal data processed through this website. However, Internet-based data transmissions can always be subject to security vulnerabilities, so that absolute protection cannot be guaranteed. For this reason, every data subject is free to transmit personal data to us by alternative means, for example by telephone.

 

1. definitions of terms

 

The data protection declaration of Fitlight Deutschland is based on the terms used by the European Directive and Ordinance Maker when issuing the General Data Protection Regulation (DS-GVO). Our data protection declaration should be easy to read and understand for the public as well as for our customers and business partners. To ensure this, we would like to explain the terms used in advance.

 

We use the following terms, among others, in this data protection declaration:

 

(a) personal data

 

Personal data is 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 or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

 

b) Data subject

 

Data subject means any identified or identifiable natural person whose personal data are processed by the controller.

 

(c) processing

 

Processing means any operation or set of operations which is performed upon personal data, whether or not by automatic means, such as collection, recording, organisation, filing, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

 

d) Restriction of processing

 

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

 

e) Profiling

 

Profiling shall mean any automated processing of personal data which consists in using such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects relating to that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or change of location.

 

f) Pseudonymisation

 

Pseudonymisation is the processing of personal data in such a way that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.

 

g) Controller or data controller

 

The controller or person responsible for processing is the natural or legal person, public authority, agency or other body which alone or jointly with others determines the purposes and means of the processing of personal data. Where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its designation may be provided for under Union or Member State law.

 

(h) Processor

 

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

 

(i) Recipient

 

Recipient means a natural or legal person, public authority, agency or other body to whom personal data are disclosed, whether or not a third party. However, public authorities that may receive personal data in the context of a specific investigative task under Union or Member State law shall not be considered as recipients.

 

j)      Third party

 

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

 

k) Consent

 

Consent is any freely given specific and informed indication of his or her wishes, in the form of a statement or other unambiguous affirmative act, by which the data subject signifies his or her agreement to the processing of personal data relating to him or her.

 

2. name and address of the data controller

 

The controller within the meaning of the General Data Protection Regulation, other data protection laws applicable in the Member States of the European Union and other provisions of a data protection nature is:

 

Fitlight Germany

 

A brand of DynamicEye - Stefanie Hennigfeld

 

Merheimer Str. 149a

 

D-50733 Cologne

 

Managing Director:

 

Stefanie Hennigfeld

 

+49 170 45 46 455

 

stefanie@dynamic-eye.de

 

3. collection of general data and information

 

The website of the Fitlight Deutschland collects a series of general data and information every time a data subject or automated system calls up the website. This general data and information is stored in the server log files. The following data may be collected: (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system accesses our website (so-called referrer), (4) the sub-websites which are accessed via an accessing system on our website, (5) the date and time of an access to the website, (6) an Internet protocol address (IP address), (7) the Internet service provider of the accessing system and (8) other similar data and information that serve to avert danger in the event of attacks on our information technology systems.

 

When using these general data and information, Fitlight Germany does not draw any conclusions about the data subject. Rather, this information is needed (1) to deliver the contents of our website correctly, (2) to optimise the contents of our website and the advertising for these, (3) to ensure the long-term functionality of our information technology systems and the technology of our website, and (4) to provide law enforcement authorities with the information necessary for prosecution in the event of a cyber attack. Therefore, the Fitlight Deutschland analyzes anonymously collected data and information on one hand, and on the other hand, with the aim of increasing the data protection and data security of our enterprise, so that we can ultimately ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from any personal data provided by a data subject.

 

4. routine erasure and blocking of personal data

 

The controller shall process and store personal data of the data subject only for the period of time necessary to achieve the purpose of storage or where provided for by the European Directive and Regulation or other legislator in laws or regulations to which the controller is subject.

 

If the storage purpose ceases to apply or if a storage period prescribed by the European Directive and Regulation Maker or another competent legislator expires, the personal data will be routinely blocked or deleted in accordance with the statutory provisions.

 

5. rights of the data subject

 

a) Right to confirmation

 

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

 

b) Right of access

 

Any person concerned by the processing of personal data has the right granted by the European Directive and Regulation to obtain at any time from the controller, free of charge, information about the personal data stored about him or her and a copy of that information. In addition, the European Directive and Regulation Body has granted the data subject access to the following information:

 

the purposes of the processing

 

the categories of personal data processed

 

the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular in the case of 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 the right to obtain the rectification or erasure of personal data concerning him or her, or the restriction of processing by the controller, or the right to object to such processing

 

the existence of a right of appeal to a supervisory authority

 

if the personal data are not collected from the data subject: Any available information on the origin of the data

 

the existence of automated decision-making, including profiling, pursuant to Article 22(1) and (4) of the GDPR and, at least in these cases, meaningful information about the logic involved and the scope and intended effects of such processing for the data subject.

 

Furthermore, the data subject shall have the right to obtain 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 shall also have the right to obtain information on the appropriate safeguards in relation to the transfer.

 

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

 

c) Right of rectification

 

Any person affected by the processing of personal data has the right granted by the European Directive and Regulation to request the immediate rectification of any inaccurate personal data concerning him or her. Furthermore, the data subject has the right to request the completion of incomplete personal data, including by means of a supplementary declaration, taking into account the purposes of the processing.

 

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

 

(d) Right to erasure (right to be forgotten)

 

Any person concerned by the processing of personal data has the right, granted by the European Directive and Regulation, to obtain from the controller the erasure without delay of personal data concerning him or her, where one of the following grounds applies and insofar as the processing is no longer necessary:

 

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

 

The data subject revokes the consent on which the processing was based pursuant to Art. 6(1)(a) DS-GVO or Art. 9(2)(a) DS-GVO and there is no other legal basis for the processing.

 

The data subject objects to the processing pursuant to Article 21(1) DS-GVO and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) DS-GVO.

 

The personal data have been processed unlawfully.

 

The erasure of the personal data is necessary for compliance with a legal obligation under Union or Member State law to which the controller is subject.

 

The personal data have been collected in relation to information society services offered pursuant to Article 8(1) DS-GVO.

 

If one of the aforementioned reasons applies, and a data subject wishes to arrange for the deletion of personal data stored by Fitlight Deutschland, he or she may, at any time, contact any employee of the controller. The employee of Fitlight Deutschland will arrange for the deletion to be carried out immediately.

 

If the personal data have been made public by Fitlight Deutschland and our company as the controller is obliged to erase the personal data pursuant to Article 17 (1) of the Data Protection Regulation, Fitlight Deutschland shall, taking into account the available technology and the cost of implementation, implement reasonable measures, including those of a technical nature, to inform other data controllers which process the published personal data, that the data subject has requested from those other data controllers the erasure of all links to the personal data or copies or replications of the personal data, unless the processing is necessary. The employee of Fitlight Deutschland will arrange the necessary in individual cases.

 

e) Right to restrict processing

 

Any person concerned by the processing of personal data has the right, granted by the European Directive and Regulation, to obtain from the controller the restriction of processing if one of the following conditions is met:

 

The accuracy of the personal data is contested by the data subject for a period enabling the controller to verify the accuracy of the personal data.

 

The processing is unlawful, the data subject objects to the erasure of the personal data and requests instead the restriction of the use of the personal data.

 

The controller no longer needs the personal data for the purposes of the processing, but the data subject needs it for the assertion, exercise or defence of legal claims.

 

The data subject has objected to the processing pursuant to Article 21(1) of the GDPR and it is not yet clear whether the legitimate grounds of the controller override those of the data subject.

 

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

 

(f) Right to data portability

 

Any person concerned by the processing of personal data has the right, granted by the European Directive and Regulation, to receive the personal data concerning him or her, which have been provided by the data subject to a controller, in a structured, commonly used and machine-readable format. The data subject shall also have the right to transmit such data to another controller without hindrance from the controller to whom the personal data have been provided, provided that the processing is based on consent pursuant to Article 6(1)(a) of the GDPR or Article 9(2)(a) of the GDPR or on a contract pursuant to Article 6(1)(b) of the GDPR and the processing is carried out by automated means, unless the processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

 

Furthermore, when exercising the right to data portability pursuant to Article 20(1) of the GDPR, the data subject shall have the right to obtain the direct transfer of personal data from one controller to another controller where technically feasible and provided that this does not adversely affect the rights and freedoms of other persons.

 

In order to assert the right to data portability, the data subject may at any time contact any employee of Fitlight Germany.

 

g) Right to object

 

Any data subject concerned by the processing of personal data has the right, granted by the European Directive and Regulation, to object at any time, on grounds relating to his or her particular situation, to processing of personal data concerning him or her which is carried out on the basis of Article 6(1)(e) or (f) of the Data Protection Regulation. This also applies to profiling based on these provisions.

 

Fitlight Deutschland shall no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the assertion, exercise or defence of legal claims.

 

If the Fitlight Germany processes personal data for the purpose of direct marketing, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing. This also applies to profiling insofar as it is related to such direct marketing. If the data subject objects to Fitlight Deutschland to the processing for direct marketing purposes, Fitlight Deutschland will no longer process the personal data for these purposes.

 

In addition, the data subject has the right, on grounds relating to his or her particular situation, to object to processing of personal data concerning him or her which is carried out by Fitlight Deutschland for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the Data Protection Regulation, unless such processing is necessary for the performance of a task carried out for reasons of public interest.

 

In order to exercise the right to object, the data subject may directly contact any employee of Fitlight Germany or another employee. The data subject is also free to exercise the right to object in relation to the use of information society services, notwithstanding Directive 2002/58/EC, by means of automated procedures using technical specifications.

 

h) Automated decisions in individual cases, including profiling.

 

Any data subject concerned by the processing of personal data shall have the right, granted by the European Directive and the Regulation, not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her, provided that the decision (1) is not necessary for entering into, or the performance of, a contract between the data subject and the controller, or (2) is authorised by Union or Member State law to which the controller is subject and that such law lays down appropriate measures to safeguard the data subject's rights and freedoms and legitimate interests, or (3) is made with the data subject's explicit consent.

 

If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and the data controller, or (2) it is made with the data subject's explicit consent, Fitlight Germany shall implement suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, which include at least the right to obtain the data subject's involvement on the part of the controller, to express his or her point of view and contest the decision.

 

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

 

i) Right to withdraw consent under data protection law

 

Any person affected by the processing of personal data has the right granted by the European Directive and Regulation to withdraw consent to the processing of personal data at any time.

 

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

 

6. data protection provisions on the use and application of Facebook

 

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

 

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

 

Facebook's operating company is Facebook, Inc, 1 Hacker Way, Menlo Park, CA 94025, USA. If a data subject lives outside the USA or Canada, the controller of personal data is Facebook Ireland Ltd, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland.

 

By each call of one of the individual pages of this website, which is operated by the data controller and on which a Facebook component (Facebook plug-in) has been integrated, the internet browser on the information technology system of the data subject is automatically caused by the respective Facebook component to download a representation of the corresponding Facebook component from Facebook. A complete overview of all Facebook plug-ins can be found at https://developers.facebook.com/docs/plugins/?locale=de_DE. Within the scope of this technical procedure, Facebook receives information about which specific sub-page of our website is visited by the data subject.

 

If the data subject is logged into Facebook at the same time, Facebook recognises which specific sub-page of our website the data subject is visiting each time the data subject calls up our website and for the entire duration of the respective stay on our website. This information is collected by the Facebook component and assigned by Facebook to the respective Facebook account of the data subject. If the data subject activates one of the Facebook buttons integrated on our website, for example the "Like" button, or if the data subject posts a comment, Facebook assigns this information to the personal Facebook user account of the data subject and stores this personal data.

 

Facebook always receives information via the Facebook component that the data subject has visited our website if the data subject is simultaneously logged into Facebook at the time of calling up our website; this takes place regardless of whether the data subject clicks on the Facebook component or not. If the data subject does not want this information to be transmitted to Facebook, he or she can prevent the transmission by logging out of his or her Facebook account before accessing our website.

 

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

 

Legal basis of the processing

 

Art. 6 I lit. a DS-GVO serves our company as the legal basis for processing operations in 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 that are necessary for the delivery of goods or the provision of another service or consideration, the processing is based on Art. 6 I lit. b DS-GVO. The same applies to processing operations that are necessary for the implementation of pre-contractual measures, for example in the case of enquiries about our products or services. If our company is subject to a legal obligation by which the processing of personal data becomes necessary, such as for the fulfilment of tax obligations, the processing is based on Art. 6 I lit. c DS-GVO. In rare cases, the processing of personal data might become necessary in order to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor were to be injured on our premises and as a result his or her name, age, health insurance details or other vital information had to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6 I lit. d DS-GVO.

 

Finally, processing operations could be based on Art. 6 I lit. f DS-GVO. Processing operations which are not covered by any of the aforementioned legal bases are based on this legal basis if the processing is necessary to protect a legitimate interest of our company or a third party, provided that the interests, fundamental rights and freedoms of the data subject are not overridden. Such processing operations are permitted to us in particular because they were specifically mentioned by the European legislator. In this respect, it took the view that a legitimate interest could be assumed if the data subject is a customer of the controller (recital 47, sentence 2 of the GDPR).

 

Legitimate interests in the processing pursued by the controller or a third party

 

If the processing of personal data is based on Article 6 I lit. f of the GDPR, our legitimate interest is the performance of our business activities for the benefit of the well-being of all our employees and our shareholders.

 

9. duration for which the personal data are stored

 

The criterion for the duration of the storage of personal data is the respective statutory retention period. After expiry of the period, the corresponding data is routinely deleted, provided that it is no longer required for the fulfilment of the contract or the initiation of the contract.

 

(10) Legal or contractual provisions for the provision of personal data; necessity for the conclusion of the contract; obligation of the data subject to provide the personal data; possible consequences of non-provision

 

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

 

Sometimes, in order to conclude a contract, it may be necessary for a data subject to provide us with personal data that must subsequently be processed by us. For example, the data subject is obliged to provide us with personal data if our company concludes a contract with him or her. Failure to provide the personal data would mean that the contract with the data subject could not be concluded.

 

Before providing personal data by the data subject, the data subject must contact one of our employees. Our employee will explain to the data subject on a case-by-case basis whether the provision of the personal data is required by law or by contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and what the consequences of not providing the personal data would be. 11.

 

11. existence of automated decision-making. 

 

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

 

This sample data protection declaration was created by the data protection declaration generator of DGD Deutsche Gesellschaft für Datenschutz GmbH, which carries out data protection audits, in cooperation with the media law firm WILDE BEUGER SOLMECKE.