Privacy
Preamble
We, SPORTTABLE GmbH together with our subsidiaries (hereinafter collectively “the Company”, “we” or “us”), take the protection of your personal data seriously, and we would like to inform you herewith about how data are protected in our Company.
Additional obligations with respect to our responsibility under data protection laws have been imposed on us by the entry into force of the EU General Data Protection Regulation (Regulation (EU) 2016/679, hereinafter “GDPR”) in order to ensure the protection of personal data of the person affected by data processing (hereinafter we also address you as data subject by “client”, “user”, “you” or “data subject”).
Insofar as we decide either alone or jointly with others on the purposes and means of data processing, this includes above all the obligation to inform you transparently about the nature, scope, purpose, duration and legal basis of the processing (cf. Art. 13 and 14 GDPR). With this policy (hereinafter referred to as “the Privacy Policy”), we inform you about the manner in which your personal data are processed by us.
Our Privacy Policy is designed in a modular format. It consists of a general part regarding any processing of personal data and processing scenarios that apply every time a website is accessed (A. In General) and a special part, the content of which only refers to the processing situation specified therein with the designation of the respective offer or product, in particular the visit to websites (B. Visit to Websites), which is set out in more detail herein.
A. In General
(1) Definitions
Following the example of Art. 4 GDPR, the following definitions underlie this Privacy Policy:
– “Personal data” (Art. 4(1) GDPR) means any information relating to an identified or identifiable natural person (“data subject”). A person is identifiable if such person can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, an online identifier, location data or through information about such person’s physical, physiological, genetic, mental, economic, cultural or social identity characteristics. The identifiability can also be given by means of a combination of such information or other additional knowledge. The origin, form or embodiment of the information is irrelevant (even photographs, video or audio recordings may contain personal data).
– “Processing” (Art. 4(2) GDPR) means any operation which involves the handling of personal data, whether or not by automated means (i.e., technology-based) processes. This includes in particular collection (i.e., gathering), recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction of personal data, as well as the change of a purpose or intended use on which data processing was originally based.
– “Controller” (Art. 4(7) GDPR) means 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.
– “Third party” (Art. 4(10) GDPR) means a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorized to process personal data; this also includes other legal entities being a member of the group.
– “Processor” (Art. 4(8) GDPR) means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller, in particular according to their instructions (e.g., IT service providers). In particular, a processor is not a third party in the sense of data protection law.
– “Consent” (Art. 4(11) GDPR) of the data subject means any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.
(2) Name and address of data controller:
We are the controller for the processing of your personal data within the meaning of Art. 4(7) GDPR:
SPORTTABLE GmbH
Erika-Mann-Straße 53,
80636 München
+49 172 4148066
contact@sporttable.de
For further information about our Company, please refer to the legal notice on our website.
(3) Contact data of data protection officer
Our company data protection officer is available at all times to answer any questions you may have and to act as your contact person on the subject of data protection at our Company. His contact information is:
Joachim Maaß
DATA PRO SECURITY @ Maass Consulting GmbH
Kaiser-Wilhelm-Str. 2
82319 Starnberg
sporttable@client.data-pro-security.com
(4) Legal basis for processing data
In principle, any processing of personal data is prohibited by law and only permitted if the data processing falls under one of the following justifications:
– Art. 6 (1)(1)(a) GDPR (“Consent”): Where the data subject freely gives specific, informed and unambiguous indication by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her for one or several specific purposes;
– Art. 6 (1)(1)(b) GDPR: Where the processing is necessary for the performance of a contract to which the data subject is a party or in order to take steps at the request of the data subject prior to the entering into a contract;
– Art. 6 (1)(1)(c) GDPR: Where the processing is necessary for compliance with a legal obligation to which the controller is subject (e.g., legal retention obligation);
– Art. 6 (1)(1)(d) GDPR: Where the processing is necessary in order to protect the vital interests of the data subject or of another natural person;
– Art. 6 (1)(1)(e) GDPR: Where 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; or
– Art. 6 (1)(1)(f) GDPR (“legitimate interests”): Where the processing is necessary for the purpose of legitimate (particularly legal or economic) interests pursued by the controller or by a third party, except where such interests are overridden by opposing interests or rights of the data subject (in particular where the data subject is a minor).
We indicate below the applicable legal basis for each processing operation carried out by us. A processing operation may also be based on several legal bases.
(5) Erasure of data and storage period
For the processing operations carried out by us, we indicate below in each case how long the data will be stored by us and when they will be erased or blocked. Unless an explicit storage period is specified below, your personal data will be erased or blocked as soon as the purpose or legal basis for the storage no longer applies. In principle, your data will only be stored on our servers in Germany, subject to any transfer that may take place in accordance with the provisions in A.(7) and A.(8).
However, your data may be stored beyond the specified time in the event of a (threatened) legal dispute with you or other legal proceedings or if storage is provided for by legal regulations to which we, as the controller, are subject (e.g., Section 257 of the German Commercial Code (Handelsgesetzbuch), Section 147 of the German Fiscal Code (Abgabenordnung)). If the storage period prescribed by the legal regulations expires, the personal data will be blocked or erased unless further storage by us is necessary and there is a legal basis for this.
(6) Data security
We use appropriate technical and organizational security measures to protect your data against accidental or intentional manipulation, partial or complete loss, destruction or against unauthorized access by third parties (e.g., TSL encryption for our website), taking into account the state of the art, implementation costs and the nature, scope, context and purpose of the processing, as well as the existing risks of a data breach (including its probability and impact) for the data subject. Our security measures are continuously improved in line with technological developments.
We will be happy to provide you with more detailed information on request. Please contact our data protection officer (see A.(3)).
(7) Cooperation with processors
As with any larger company, we also use external domestic and foreign service providers (e.g., for IT, logistics, telecommunications, sales and marketing) to conduct our business. These service providers only act according to our instructions and have been contractually obligated to comply with data protection regulations in accordance with Art. 28 GDPR.
If personal data from you are passed on by us to our subsidiaries or to us by our subsidiaries (e.g., for advertising purposes), this is done on the basis of existing contract data processing relationships.
(8) Requirements for the transfer of personal data to third countries
Your personal data may be transferred or disclosed to third-party companies in the course of our business relationship. Such companies may also be located outside the European Economic Area (EEA), i.e., in third countries. This processing takes place exclusively for the fulfillment of contractual and business obligations and to maintain your business relationship with us. Please see the relevant points below for the respective details of the transfer.
Some third countries are certified by the European Commission as having a level of data protection comparable to the EEA standard through so-called adequacy decisions (a list of these countries and a copy of the adequacy decisions can be obtained here: http://ec.europa.eu/justice/data-protection/international-transfers/adequacy/index_en.html). However, in other third countries to which personal data may be transferred, there may not be a consistently high level of data protection due to a lack of legal provisions. If this is the case, we ensure that data protection is adequately guaranteed. This is possible through binding company regulations, standard contractual clauses of the European Commission for the protection of personal data, certificates or accepted codes of conduct. Please contact our data protection officer (see A.(3)) if you would like more information on this.
(9) No automated decision-making (including profiling)
We do not intend to use any personal data collected from you for any automated decision-making process (including profiling).
(10) No obligation to provide personal data
We do not predicate the conclusion of contracts with us on you providing us with personal data in advance. As a client, you are under no legal or contractual obligation to provide us with your personal data; however, we may only be able to provide certain services to a limited extent or not at all if you do not provide the necessary information. If this should exceptionally be the case in the context of the offered products presented below, you will be informed of this separately.
(11) Statutory obligation to transfer certain data
We may be subject to a specific legal or statutory obligation to provide the lawfully processed personal data to third parties, in particular public bodies, under certain circumstances (Art. 6(1)(1)(c) GDPR).
(12) Your rights
You can exercise your rights as a data subject regarding your processed personal data at any time by contacting us using the contact details provided at the beginning under A.(2). As the data subject, you have the right:
– pursuant to Art. 15 GDPR, to obtain access to the data concerning you, which are processed by us. You may particularly obtain information about the purposes of the processing, the category of data, the categories of recipients to whom your data have been or will be disclosed, the envisaged period for which the personal data will be stored, the existence of the right to request rectification, erasure, restriction of processing or objection, the right to lodge a complaint, the source of your data if they were not collected from you, as well as the existence of an automated decision-making, including profiling, and meaningful information about their details, if applicable;
– pursuant to Art. 16 GDPR, to obtain the rectification of inaccurate data concerning you, which have been stored by us, or their completion without undue delay;
– pursuant to Art. 17 GDPR, to obtain the erasure of data concerning you, which have been stored by us, unless their processing is required to exercise the right to freedom of expression and information, to comply with a legal obligation, for reasons of public interest or for the establishment, exercise or defense of legal claims;
– pursuant to Art. 18 GDPR, to obtain restriction of the processing of your data where the accuracy of the data is contested by you or the processing is unlawful;
– pursuant to Art. 20 GDPR, to receive the data concerning you, which you have provided to us, in a structured, commonly used and machine-readable format or to transmit those data to another controller (“data portability”);
– pursuant to Art. 21 GDPR, to object to the processing unless the processing operation is carried out due to Art. 6 (1)(1)(e) or (f) GDPR. This applies in particular where the processing is not required to perform a contract with you. Unless you object to direct marketing, we kindly ask you to explain the reasons when you object why we should not process your data as we have done. In the event of your justified objection, we will examine the circumstances and either discontinue or adjust the data processing or show you our compelling legitimate grounds on the basis of which we will continue the processing;
– pursuant to Art. 7(3) GDPR, to withdraw your consent once given (even if prior to the entry into force of the GDPR, i.e., May 25, 2018) – this means your freely given, specific, informed and unambiguous indication of your wishes by which you, by a statement or by a clear affirmative action, signified agreement to the processing of personal data concerning you for one or several specific purposes, at any time, if you have given such consent. This means that we are not allowed to continue the data processing based on this consent in future.
(13) Amendments to the Privacy Policy
Our Privacy Policy will be regularly reviewed in the context of the further development of data protection law as well as technological or organizational changes to determine whether it needs to be adapted or amended. You will be informed about changes in particular on our German-language website at www.sporttable.de.
B. Visit to Websites
(1) Explanation of function
You can obtain information about our Company and the services we offer in particular at www.sporttable.de together with the associated sub-pages (hereinafter collectively referred to as “webpages”). When you visit our webpages, personal data concerning you may be processed.
(2) Processed personal data
We collect, store and process personal data of the following categories when you use our webpages for informational purposes:
“Log information”: When you visit our webpages, a so-called log data record (so-called server log files) is stored temporarily and anonymously on our web server. It comprises:
– the page from which the page was requested (so-called referrer URL);
– the name and URL of the requested page;
– the date and time of the access;
– the description of the type, language and version of the web browser used;
– the IP address of the requesting computer, which is shortened in such a way that a personal reference can no longer be established;
– the data volume transmitted;
– the operating system;
– the information whether the access was successful (access status/http status code);
– the GMT time zone difference.
“Contact form data”: When using contact forms, the data transmitted thereby are processed (e.g., gender, surname and first name, address, company, content of the message, e‑mail address and the time of transmission).
“E‑mail contact”: When using the e‑mail addresses, the data transmitted thereby are processed (e.g., e‑mail address, content of the message, metacommunication data and the time of transmission).
(3) Purpose and legal basis of the processing of data
We process the personal data described in more detail above in compliance with the provisions of the GDPR, the other relevant data protection regulations and only to the extent necessary. Insofar as we process personal data on the basis of Art. 6 (1)(1)(f) GDPR, the specified purposes also represent our legitimate interests.
The processing of the log information serves statistical purposes and the improvement of the quality of our website, in particular the stability and security of the connection (legal basis is Art. 6(1)(1)(f) GDPR).
Contact form data are processed for the purpose of handling client inquiries (legal basis is Art. 6(1)(1)(b) or (f) GDPR).
E‑mail contact data are processed for the purpose of handling inquiries (legal basis is Art. 6(1)(1)(a), Art. 6(1)(1)(b) or (f) GDPR or Section 26 of the revised version of the Federal Data Protection Act (Bundesdatenschutzgesetz n. F.)).
(4) Period for which data will be processed
Your data will only be processed for as long as is necessary to achieve the afore-mentioned processing purposes; the legal bases specified in the context of the processing purposes apply accordingly. With regard to the use and storage duration of cookies, please see A.(5).
Third parties engaged by us will store your data on their systems for as long as is necessary in connection with the provision of any services for us in accordance with the respective order.
Please also see A.(5) for more detailed information on the storage period.
(5) Transfer of personal data to third parties, legal basis
The following categories of recipients, who are usually processors (see A.(7)), may receive access to your personal data:
– Service providers for the operation of our website and the processing of data stored or transmitted by the systems (e.g., for data center services, payment processing, IT security). The legal basis for the transfer in this case is Art. 6 (1)(1)(b) or (f) GDPR, insofar as it does not involve processors;
– Government agencies / public authorities, insofar as this is necessary to fulfill a legal obligation. The legal basis for the transfer in this case is Art. 6 (1)(1)(c) GDPR;
– Persons engaged to conduct our business (e.g., auditors, banks, insurance companies, legal counsels, supervisory authorities, parties involved in the acquisition of companies or the formation of joint ventures). The legal basis for the transfer in this case is Art. 6 (1)(1)(b) or (f) GDPR.
Please see A.(8) for the guarantees of an adequate level of data protection when transferring data to third countries.
In addition, we will only transfer your personal data to third parties if you have given your express consent to do so in accordance with Art. 6 (1)(1)(a) GDPR.
(6) Use of cookies, plug-ins and other services on our website
a) Cookie
We use cookies on our webpages. Cookies are small text files that are assigned to the browser you are using by means of a characteristic string of characters and stored on your hard drive/SSD and through which certain information flows to the entity that sets the cookie. Cookies cannot execute programs or transfer viruses to your computer and therefore cannot cause any damage. They serve to make the internet offer as a whole more user-friendly and effective, i.e., more pleasant for you.
Cookies can contain data that make it possible to recognize the device used. But in some cases, cookies also merely contain information about certain settings that cannot be related to a person. Cookies, however, cannot directly identify a user.
A distinction is made between session cookies, which are deleted as soon as you close your browser, and permanent cookies, which are stored beyond the individual session. Cookies are also distinguished according to their function:
– Technical cookies: These are mandatory to move around the website, use basic functions and ensure the security of the website; neither do they collect information about you for marketing purposes, nor do they store which webpages you have visited;
– Performance cookies: These collect information about how you use our website, which pages you visit and, for example, whether errors occur during the use of the webpages; they do not collect information that could identify you – all information collected are anonymous and used only to improve our website and to find out what interests our users;
– Advertising cookies, targeting cookies: These are used to offer the website user tailored advertising on the website or third-party offers and to measure the effectiveness of these offers; advertising and targeting cookies are stored for a maximum of 13 months;
– Sharing cookies: These are used to improve the interactivity of our website with other services (e.g., social networks); sharing cookies are stored for a maximum of 13 months.
Any use of cookies that is not absolutely technically necessary constitutes data processing that is only permitted with your explicitly and actively given consent pursuant to Art. 6 (1)(1)(a) GDPR. This applies in particular to the use of advertising, targeting or sharing cookies. In addition, we will only transfer your personal data processed by cookies to third parties if you have given your express consent to do so in accordance with Art. 6 (1)(1)(a) GDPR.
b) Social media plug-ins
We do not use any social media plug-ins on our website. As far as our webpages contain icons of social media providers (e.g., Facebook, Instagram, Twitter, etc.), we only use these for passive linking to the pages of the respective providers.