Data privacy

Name and Contact Information of the Controller Pursuant to Article 4(7) GDPR

FITFIRM GmbH
Represented by Managing Directors Dr. med. Philip Janda and Herbert Forster
Kronstadter Str. 8
81677 Munich, Germany

Email: info@fitfirm.de
Phone: +49 (0)89 – 901 66 140
Fax: +49 (0)89 – 901 61 157

Scope

This privacy policy informs users about the nature, scope, and purposes of the collection and use of personal data by the responsible provider of this website (hereinafter referred to as the “Service”).

Security and Protection of Your Personal Data

We consider it our primary duty to maintain the confidentiality of the personal data you provide and to protect it from unauthorized access. Therefore, we apply the utmost care and the latest security standards to ensure maximum protection of your personal data.

As a private company, we are subject to the provisions of the European General Data Protection Regulation (GDPR) and the regulations of the German Federal Data Protection Act (BDSG). We have implemented technical and organizational measures to ensure that data protection regulations are adhered to both by us and by our external service providers.

Definitions

The legislator requires that personal data be processed lawfully, in good faith, and in a manner that is comprehensible to the data subject (“lawfulness, processing in good faith, transparency”). To ensure this, we inform you about the legal definitions used in this privacy policy:

1. Personal Data

“Personal data” means any information relating to an identified or identifiable natural person (hereinafter referred to as the “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.

2. Processing

“Processing” means any operation or set of operations which is performed on personal data, whether or not by automated means, such as collection, 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.

3. Restriction of Processing
“Restriction of processing” means the marking of stored personal data with the aim of limiting their future processing.

4. Profiling

“Profiling” means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location, or movements.

5. Pseudonymization

“Pseudonymization” means the processing of personal data in such a manner 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 organizational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.

6. Filing System

“Filing system” means any structured set of personal data which is accessible according to specific criteria, whether centralized, decentralized, or dispersed on a functional or geographical basis.

7. Controller
“Controller” 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; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.

8. Processor

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

9. Recipient

“Recipient” means a natural or legal person, public authority, agency, or another body, to which personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of these data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing.

10. Third Party

“Third party” 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.

11. Consent

“Consent” of the data subject refers to any freely given, specific, informed, and unambiguous indication of the data subject’s wishes, expressed through a statement or a clear affirmative action, by which the data subject signifies agreement to the processing of their personal data.

Lawfulness of Processing

The processing of personal data is only lawful if there is a legal basis for the processing. In accordance with Article 6 (1) (a – f) of the GDPR, the legal basis for processing may, in particular, be:

  • The data subject has given their consent to the processing of their personal data for one or more specific purposes;
  • 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 entering into a contract;
  • Processing is necessary for compliance with a legal obligation to which the controller is subject;
  • Processing is necessary in order to protect the vital interests of the data subject or another natural person;
  • 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;
  • Processing is necessary for the purposes of the legitimate interests pursued by the controller or a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject that require the protection of personal data, in particular where the data subject is a child.

Information on the Collection of Personal Data

(1) Below, we provide information on the collection of personal data when using our website. Personal data includes, for example, names, addresses, email addresses, and user behavior.

(2) If you contact us by email or via a contact form on this website, we will store the data you provide (your email address, name, and telephone number, if applicable) to answer your inquiry. The data collected in this context will be deleted once storage is no longer necessary, or processing will be restricted if statutory retention obligations exist.

Collection of Personal Data when visiting our Website

When you use our website for informational purposes only—meaning you do not register or otherwise transmit information to us—we only collect the personal data that your browser transmits to our server. If you wish to view our website, we collect the following data, which is technically necessary to display the website and ensure its stability and security (the legal basis is Article 6 (1) sentence 1 (f) of the GDPR):

  • IP address
  • Date and time of the request
  • Time zone difference from Greenwich Mean Time (GMT)
  • Content of the request (specific page)
  • Access status/HTTP status code
  • Amount of data transferred
  • Website from which the request originates
  • Browser
  • Operating system and its interface
  • Language and version of the browser software

Use of Cookies

(1) In addition to the aforementioned data, cookies are stored on your computer when you use our website. Cookies are small text files that are stored on your hard drive and assigned to the browser you are using. Through these cookies, certain information is transmitted to the entity that sets the cookie. Cookies cannot execute programs or transmit viruses to your computer. Their purpose is to make the overall internet experience more user-friendly and effective.

(2) This website uses the following types of cookies, the scope and functionality of which are explained below:

  • Transient cookies (see a.)
  • Persistent cookies (see b.)

a) Transient cookies are automatically deleted when you close your browser. These include, in particular, session cookies. Session cookies store a session ID, which allows various requests from your browser to be assigned to the same session. This enables recognition of your computer when you return to our website. Session cookies are deleted when you log out or close your browser.

b) Persistent cookies are automatically deleted after a predefined period, which may vary depending on the cookie. You can delete cookies at any time in your browser’s security settings.

c) You can configure your browser settings according to your preferences, for example, to refuse third-party cookies or all cookies. “Third-party cookies” are cookies set by a third party rather than the website you are currently visiting. Please note that if you disable cookies, you may not be able to use all features of this website.

d) We use cookies to recognize you on subsequent visits if you have an account with us. Otherwise, you would need to log in again for each visit.

Children

Our services are generally intended for adults. Individuals under the age of 18 should not transmit personal data to us without the consent of their parents or legal guardians.

Rights of the Data Subject

(1) Withdrawal of Consent

If the processing of personal data is based on consent given, you have the right to withdraw this consent at any time. The withdrawal of consent does not affect the lawfulness of the processing carried out based on the consent before its withdrawal.

You can exercise your right to withdraw consent by contacting us at any time.

(2) Right to Confirmation
You have the right to request confirmation from the controller as to whether we are processing personal data concerning you. You can request this confirmation at any time using the contact details provided above.

(3) Right to Access
If personal data is processed, you have the right to request information about the following:

  • The purposes of the processing;
  • The categories of personal data being processed;
  • The recipients or categories of recipients to whom the personal data has been or will be disclosed, particularly in the case of recipients in third countries or international organizations;
  • If possible, the planned duration for which the personal data will be stored, or, if this is not possible, the criteria used to determine this duration;
  • The existence of a right to rectification or deletion of your personal data, or to restriction of processing by the controller, or a right to object to such processing;
  • The existence of a right to lodge a complaint with a supervisory authority;
  • If the personal data is not collected from the data subject, all available information about the source of the data;
  • The existence of automated decision-making, including profiling, in accordance with 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.

If personal data is transferred to a third country or an international organization, you have the right to be informed about the appropriate safeguards in accordance with Article 46 GDPR in connection with the transfer.

We will provide a copy of the personal data undergoing processing. For any additional copies requested, we may charge a reasonable fee based on administrative costs. If you make the request electronically, the information must be provided in a commonly used electronic format unless otherwise specified. The right to receive a copy under paragraph 3 shall not adversely affect the rights and freedoms of others.

(4) Right to Rectification
You have the right to request the immediate rectification of inaccurate personal data concerning you. Considering the purposes of the processing, you also have the right to request the completion of incomplete personal data – including by means of a supplementary statement.

(5) Right to Erasure (“Right to be Forgotten”)
You have the right to request the immediate deletion of personal data concerning you, and we are obliged to delete such personal data without delay if one of the following reasons applies:

  • The personal data is no longer necessary for the purposes for which it was collected or otherwise processed.
  • The data subject withdraws consent on which the processing is based under Article 6(1)(a) or Article 9(2)(a) GDPR, and there is no other legal basis for the processing.
  • The data subject objects to the processing under Article 21(1) GDPR, and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing under Article 21(2) GDPR.
  • The personal data has been unlawfully processed.
  • The deletion of the personal data is required to comply with a legal obligation under Union or Member State law to which the controller is subject.
  • The personal data was collected in relation to the offer of information society services as referred to in Article 8(1) GDPR.

If the controller has made the personal data public and is obliged under paragraph 1 to delete it, the controller shall take reasonable measures, including technical ones, considering available technology and implementation costs, to inform data controllers processing the 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.

The right to erasure (“right to be forgotten”) does not apply where processing is necessary:

  • For exercising the right to freedom of expression and information;
  • For compliance with a legal obligation that requires processing under Union or Member State law to which the controller is subject, or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
  • For reasons of public interest in the area of public health in accordance with Article 9(2)(h) and (i) and Article 9(3) GDPR;
  • For archiving purposes in the public interest, scientific or historical research purposes, or statistical purposes in accordance with Article 89(1) GDPR, to the extent that the right referred to in paragraph 1 is likely to render impossible or seriously impair the achievement of the objectives of such processing; or
  • For the establishment, exercise, or defense of legal claims.

(6) Right to Restriction of Processing
You have the right to request that we restrict the processing of your personal data if one of the following conditions applies:

  • The accuracy of the personal data is contested by the data subject, for a period that allows the controller to verify the accuracy of the personal data;
  • The processing is unlawful, and the data subject opposes the deletion of the personal data and instead requests the restriction of its use;
  • The controller no longer needs the personal data for processing purposes, but the data subject requires it for the establishment, exercise, or defense of legal claims; or
  • The data subject has objected to processing under Article 21(1) GDPR pending the verification of whether the legitimate grounds of the controller override those of the data subject.

If processing has been restricted under the above conditions, such personal data – apart from storage – shall only be processed with the data subject’s consent, or for the establishment, exercise, or defense of legal claims, or for the protection of the rights of another natural or legal person, or for reasons of important public interest of the Union or a Member State.

To assert the right to restrict processing, the data subject may contact us at any time using the contact details provided above.

(7) Right to Data Portability
You have the right to receive the personal data concerning you, which you have provided to us, in a structured, commonly used, and machine-readable format, and you have the right to transmit this data to another controller without hindrance from the controller to whom the personal data was provided, provided that:

a) The processing is based on consent under Article 6(1)(a) or Article 9(2)(a) or on a contract under Article 6(1)(b) GDPR; and
b) The processing is carried out by automated means.

In exercising the right to data portability under paragraph 1, you have the right to have the personal data transmitted directly from one controller to another, where technically feasible. The exercise of the right to data portability does not affect the right to erasure (“right to be forgotten”). This right does not apply to processing necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

(8) Right to Object

You have the right to object at any time, on grounds relating to your particular situation, to the processing of personal data concerning you that is based on Article 6(1)(e) or (f) of the GDPR; this also applies to profiling based on these provisions. The controller will no longer process the personal data unless the controller can demonstrate compelling legitimate grounds for the processing that override the interests, rights, and freedoms of the data subject, or the processing serves the establishment, exercise, or defense of legal claims.

If personal data is processed for direct marketing purposes, you have the right to object at any time to the processing of your personal data for such marketing purposes; this also applies to profiling to the extent that it is related to such direct marketing. If you object to processing for direct marketing purposes, your personal data will no longer be processed for these purposes.

In connection with the use of information society services, and notwithstanding Directive 2002/58/EC, you may exercise your right to object by automated means using technical specifications.

You also have the right to object, on grounds relating to your particular situation, to the processing of your personal data for scientific or historical research purposes or statistical purposes pursuant to Article 89(1) of the GDPR, unless the processing is necessary for the performance of a task carried out in the public interest.

You may exercise your right to object at any time by contacting the responsible controller.

(9) Automated Individual Decision-Making, Including Profiling

You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you. This does not apply if the decision:

  1. Is necessary for entering into, or the performance of, a contract between the data subject and the controller,
  2. Is authorized by Union or Member State law to which the controller is subject, and these laws provide for appropriate measures to safeguard the data subject’s rights and freedoms and legitimate interests, or
  3. Is based on the data subject’s explicit consent.

The controller shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, including at least the right to obtain human intervention by the controller, to express their point of view, and to contest the decision.

You may exercise this right at any time by contacting the respective controller.

(10) Right to Lodge a Complaint with a Supervisory Authority

Without prejudice to any other administrative or judicial remedy, you also have the right to lodge a complaint with a supervisory authority, particularly in the Member State of your habitual residence, place of work, or place of the alleged infringement, if you consider that the processing of your personal data violates this Regulation.

(11) Right to an Effective Judicial Remedy

Without prejudice to any available administrative or non-judicial remedy, including the right to lodge a complaint with a supervisory authority under Article 77 GDPR, you have the right to an effective judicial remedy if you consider that your rights under this Regulation have been infringed due to the non-compliant processing of your personal data.