1) Introduction and contact details of the controller
1.1 We are pleased that you are visiting our website and thank you for your interest. In the following, we will inform you about how we handle your personal data when you use our website. Personal data is all data with which you can be personally identified.
1.2 The controller in charge of data processing on this website, within the meaning of the General Data Protection Regulation (GDPR), is FREDS SWIM ACADEMY GmbH, Josef-Kronthaler-Straße 14, 86157 Augsburg, Deutschland, Tel.: +49821579242, E-Mail: office@swimtrainer.com. The controller responsible for the processing of personal data is the natural or legal person who alone or jointly with others determines the purposes and means of the processing of personal data.
2) Data collection when visiting our website
2.1 If you use our website for information purposes only, i.e. if you do not register or otherwise provide us with information, we only collect the data that your browser transmits to the site server (so-called “server log files”). When you visit our website, we collect the following data, which is technically necessary for us to display the website to you:
Our visited website
Date and time at the time of access
Amount of data sent in bytes
Source/reference from which you came to the page
Browser used
Operating system used
IP address used (if applicable: in anonymized form)
Processing is carried out in accordance with Art. 6 para. 1 lit. f GDPR on the basis of our legitimate interest in improving the stability and functionality of our website. The data will not be passed on or used in any other way. However, we reserve the right to check the server log files retrospectively if there are concrete indications of unlawful use.
2.2 This website uses SSL or TLS encryption for security reasons and to protect the transmission of personal data and other confidential content (e.g. orders or inquiries to the controller). You can recognize an encrypted connection by the character string “https://” and the lock symbol in your browser line.
3) Hosting & content delivery network
For the hosting of our website and the presentation of page content, we use a provider that provides its services itself or through selected subcontractors exclusively on servers within the European Union.
All data collected on our website is processed on these servers.
We have concluded an order processing contract with the provider, which ensures the protection of the data of our website visitors and prohibits unauthorized disclosure to third parties.
4) Cookies
In order to make visiting our website attractive and to enable the use of certain functions, we use cookies, i.e. small text files that are stored on your end device. Some of these cookies are automatically deleted after closing the browser (so-called “session cookies”), while others remain on your device for longer and enable page settings to be saved (so-called “persistent cookies”). In the latter case, you can find the storage period in the cookie settings overview of your web browser.
If personal data is also processed by individual cookies used by us, the processing is carried out in accordance with Art. 6 para. 1 lit. b GDPR either for the execution of the contract, in accordance with Art. 6 para. 1 lit. a GDPR in the case of consent given or in accordance with Art. 6 para. 1 lit. f GDPR to safeguard our legitimate interests in the best possible functionality of the website and a customer-friendly and effective design of the page visit.
You can set your browser so that you are informed about the setting of cookies and can decide individually whether to accept them or to exclude the acceptance of cookies for certain cases or in general.
Please note that if you do not accept cookies, the functionality of our website may be restricted.
5) Making contact
When you contact us (e.g. via contact form or email), personal data is processed exclusively for the purpose of processing and responding to your request and only to the extent necessary for this purpose.
The legal basis for the processing of this data is our legitimate interest in responding to your request in accordance with Art. 6 para. 1 lit. f GDPR. If your contact is aimed at a contract, the additional legal basis for the processing is Art. 6 para. 1 lit. b GDPR. Your data will be deleted if it can be inferred from the circumstances that the matter in question has been conclusively clarified and provided that there are no statutory retention obligations to the contrary.
6) Data processing when opening a customer account
In accordance with Art. 6 para. 1 lit. b GDPR, personal data will continue to be collected and processed to the extent necessary if you provide it to us when opening a customer account. The data required to open an account can be found in the input mask of the corresponding form on our website.
You can delete your customer account at any time by sending a message to the above-mentioned address of the controller. After deletion of your customer account, your data will be deleted, provided that all contracts concluded through it have been fully processed, there are no legal retention periods to the contrary and there is no legitimate interest on our part.
7) Data processing for order processing
7.1 Insofar as necessary for contract processing for delivery and payment purposes, the personal data collected by us will be passed on to the commissioned transport company and the commissioned credit institution in accordance with Art. 6 para. 1 lit. b GDPR.
If we owe you updates for goods with digital elements or for digital products on the basis of a corresponding contract, we will process the contact data you provided when placing the order in order to inform you personally within the scope of our statutory information obligations pursuant to Art. 6 para. 1 lit. c GDPR. Your contact details will be used strictly for the purpose of notifying you of updates owed by us and will only be processed by us for this purpose to the extent that this is necessary for the respective information.
To process your order, we also work together with the following service provider(s), who support us in whole or in part in the execution of concluded contracts. Certain personal data is transmitted to these service providers in accordance with the following information.
7.2 Use of payment service providers (payment services)
– Paypal
One or more online payment methods of the following provider are available on this website: PayPal (Europe) S.a.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg
If you select a payment method of the provider for which you make advance payment, the payment data you provide during the ordering process (including name, address, bank and payment card information, currency and transaction number) as well as information about the content of your order will be passed on to the provider in accordance with Art. 6 para. 1 lit. b GDPR. In this case, your data will only be passed on for the purpose of payment processing with the provider and only to the extent that it is necessary for this purpose.
If you select a payment method for which we make advance payments, you will also be asked to provide certain personal data (first and last name, street, house number, zip code, city, date of birth, e-mail address, telephone number, data on an alternative means of payment, if applicable) during the ordering process.
In order to safeguard our legitimate interest in determining your solvency in such cases, we will forward this data to the provider for the purpose of a credit check in accordance with Art. 6 para. 1 lit. f GDPR. On the basis of the personal data provided by you and other data (such as shopping cart, invoice amount, order history, payment experience), the provider checks whether the payment option you have selected can be granted with regard to payment and/or bad debt risks.
The credit report may contain probability values (so-called score values). If score values are included in the result of the credit report, they are based on a scientifically recognized mathematical-statistical procedure. The calculation of the score values includes, but is not limited to, address data.
You can object to this processing of your data at any time by sending a message to us or to the provider. However, the provider may still be entitled to process your personal data if this is necessary to process payments in accordance with the contract.
8) Web analysis services
Google Tag Manager
This website uses the “Google Tag Manager”, a service of the following provider: Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland (hereinafter: “Google”).
Google Tag Manager provides a technical basis for bundling various web applications, including tracking and analysis services, and for calibrating, controlling and linking them to conditions via a uniform user interface. Google Tag Manager itself does not store or read any information on user devices. The service also does not carry out any independent data analyses. However, Google Tag Manager transmits your IP address to Google when you access a page and may store it there. Transmission to servers of Google LLC. in the USA is possible.
This processing will only be carried out if you have given us your express consent in accordance with Art. 6 para. 1 lit. a GDPR. Without this consent, Google Tag Manager will not be used during your visit to our website. You can revoke your consent at any time with effect for the future. To exercise your revocation, please deactivate this service in the “Cookie Consent Tool” provided on the website.
We have concluded an order processing agreement with the provider, which ensures the protection of the data of our website visitors and prohibits unauthorized disclosure to third parties.
For data transfers to the USA, the provider has signed up to the EU-US Data Privacy Framework, which ensures compliance with the European level of data protection on the basis of an adequacy decision by the European Commission.
Further legal information on Google Tag Manager can be found at https://business.safety.google/intl/de/privacy/ and https://policies.google.com/privacy?hl=de&gl=de
9) Retargeting/remarketing and conversion tracking
9.1 Meta Pixel
Within our online offering, we use the “Meta Pixel” service of the following provider: Meta Platforms Ireland Limited, 4 Grand Canal Quare, Dublin 2, Ireland (“Meta”)
If a user clicks on an advertisement placed by us on Facebook and/or Instagram, a parameter is added to the URL of our linked page with the help of “Meta Pixel”. This URL parameter is then entered into the user’s browser after redirection by a cookie that our linked page sets itself.
This makes it possible for Meta to determine the visitors to our online offer as a target group for the display of advertisements (so-called “ads”). Accordingly, we use the service to display the Facebook and/or Instagram ads placed by us only to those users who have also shown an interest in our online offering or who have certain characteristics (e.g. interests in certain topics or products determined on the basis of the websites visited), which we transmit to Meta (so-called “custom audiences”).
On the other hand, the “Meta Pixel” can be used to track whether users have been redirected to our website after clicking on an advertisement and what actions they take there (so-called “conversion tracking”).
The data collected is anonymous to us and does not allow us to draw any conclusions about the identity of the user. However, the data is stored and processed by Meta so that a connection to the respective user profile is possible and Meta can use the data for its own advertising purposes.
All processing described above, in particular the setting of cookies for reading information on the terminal device used, will only be carried out if you have given us your express consent to do so in accordance with Art. 6 para. 1 lit. a GDPR. You can revoke your consent at any time with effect for the future by deactivating this service in the “cookie consent tool” provided on the website.
We have concluded an order processing contract with the provider, which ensures the protection of the data of our website visitors and prohibits unauthorized disclosure to third parties.
The information generated by Meta is usually transferred to a Meta server and stored there; in this context, it may also be transferred to Meta Platforms Inc. servers in the USA.
For data transfers to the USA, the provider has joined the EU-US Data Privacy Framework, which ensures compliance with the European level of data protection on the basis of an adequacy decision by the European Commission.
9.2 Google Ads Remarketing
This website uses retargeting technology from the following provider: Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland
For this purpose, Google sets a cookie in the browser of your end device, which automatically enables interest-based advertising by means of a pseudonymous cookie ID and on the basis of the pages you visit. Any further data processing will only take place if you have consented to Google linking your Internet and app browsing history to your Google account and using information from your Google account to personalize ads that you view on the web. In this case, if you are logged in to Google while visiting our website, Google will use your data together with Google Analytics data to create and define target group lists for cross-device remarketing. For this purpose, Google temporarily links your personal data with Google Analytics data in order to create target groups. As part of the use of Google Ads Remarketing, personal data may also be transmitted to the servers of Google LLC. in the USA.
All processing described above, in particular the setting of cookies for reading information on the terminal device used, will only be carried out if you have given us your express consent to do so in accordance with Art. 6 para. 1 lit. a GDPR. Without this consent, retargeting technology will not be used during your visit to our website.
You can revoke your consent at any time with effect for the future. To exercise your revocation, please deactivate this service in the “cookie consent tool” provided on the website.
For data transfers to the USA, the provider has joined the EU-US Data Privacy Framework, which ensures compliance with the European level of data protection on the basis of an adequacy decision by the European Commission.
Details on the processing initiated by Google and how Google handles data from websites can be found here: https://policies.google.com/technologies/partner-sites
Further information on Google’s data protection provisions can be found here: https://business.safety.google/intl/de/privacy/ and https://www.google.de/policies/privacy/
10) Site functionalities
10.1 Vimeo
This website uses plugins to display and play videos from the following provider: Vimeo.com, Inc, 330 West 34th Street, 10th Floor, New York, NY 10001, USA
When you access a page on our website that contains such a plugin, your browser establishes a direct connection to the provider’s servers in order to load the plugin. Certain information, including your IP address, is transmitted to the provider.
If playback of embedded videos is started via the plugin, the provider also uses cookies to collect information about user behavior, compile playback statistics and prevent abusive behavior.
If you are logged into a user account with the provider during your visit to the site, your data will be assigned directly to your account when you click on a video. If you do not wish to be associated with your account, you must log out before clicking the play button.
All of the aforementioned processing, in particular the setting of cookies for reading information on the terminal device used, will only take place if you have given us your express consent to do so in accordance with Art. 6 para. 1 lit. a GDPR. You can revoke your consent at any time with effect for the future by deactivating this service via the “cookie consent tool” provided on the website.
For data transfers to the USA, the provider has joined the EU-US Data Privacy Framework, which ensures compliance with the European level of data protection on the basis of an adequacy decision by the European Commission.
10.2 YouTube
This website uses plugins to display and play videos from the following provider: Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland
Data may also be transmitted to Google LLC, USA
When you access a page on our website that contains such a plugin, your browser establishes a direct connection to the provider’s servers to load the content, at the latest when the video is played. Certain information, including your IP address, is transmitted to the provider.
If the playback of embedded videos is started via the plugin, the provider also uses cookies to collect information about user behavior, create playback statistics and prevent abusive behavior.
If you are logged into a user account with the provider during your visit to the site, your data will be assigned directly to your account when you click on a video. If you do not wish your data to be associated with your account, you must log out before clicking the play button.
All of the aforementioned processing, in particular the setting of cookies for reading information on the end device used, will only take place if you have given us your express consent to do so in accordance with Art. 6 para. 1 lit. a GDPR. You can revoke your consent at any time with effect for the future by deactivating this service via the “cookie consent tool” provided on the website.
For data transfers to the USA, the provider has signed up to the EU-US Data Privacy Framework, which ensures compliance with the European level of data protection on the basis of an adequacy decision by the European Commission.
10.3 Graphic elements from the following provider are integrated on our website to display external customer ratings and/or an externally awarded quality mark: Trustindex Ltd, Nyari Pal utca 15, 2724 Ujlengyel, Hungary.
When you call up a page of our website that contains such graphic elements, your browser establishes a direct connection to the provider’s servers in order to load the elements properly. In the process, certain browser information, including your IP address, is transmitted to the provider.
If personal data is also processed, this is done in accordance with Art. 6 para. 1 lit. f GDPR on the basis of our legitimate interest in the optimal marketing of our offer and the appealing design of our website.
10.4 FontAwesome
This site uses so-called web fonts from the following provider for the uniform display of fonts: Fonticons, Inc, 710 Blackhorn Dr, Carl Junction, 64834, MO, USA
When you access a page, your browser loads the required web fonts into your browser cache in order to display texts and fonts correctly and establishes a direct connection to the provider’s servers. In the process, certain browser information, including your IP address, is transmitted to the provider.
The processing of personal data in the course of establishing a connection with the provider of the fonts is only carried out if you have given us your express consent to do so in accordance with Art. 6 para. 1 lit. a GDPR. You can revoke your consent at any time with effect for the future by deactivating this service via the “cookie consent tool” provided on the website. If your browser does not support web fonts, a standard font will be used by your computer.
For the transfer of data to the USA, the provider relies on standard contractual clauses of the European Commission, which are intended to ensure compliance with the European level of data protection.
10.5 Google Web Fonts
This site uses so-called web fonts from the following provider for the uniform display of fonts: Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland
When you access a page, your browser loads the required web fonts into your browser cache in order to display texts and fonts correctly and establishes a direct connection to the provider’s servers. In the process, certain browser information, including your IP address, is transmitted to the provider.
Data may also be transmitted to Google LLC, USA
The processing of personal data in the course of establishing a connection with the provider of the fonts is only carried out if you have given us your express consent to do so in accordance with Art. 6 para. 1 lit. a GDPR. You can revoke your consent at any time with effect for the future by deactivating this service via the “cookie consent tool” provided on the website. If your browser does not support web fonts, a standard font will be used by your computer.
For data transfers to the USA, the provider has joined the EU-US Data Privacy Framework, which ensures compliance with the European level of data protection on the basis of an adequacy decision by the European Commission.Further information on Google’s privacy policy can be found here: https://business.safety.google/intl/de/privacy/
11) Tools and miscellaneous
Cookie consent tool
This website uses a so-called “cookie consent tool” to obtain effective user consent for cookies and cookie-based applications that require consent. The “cookie consent tool” is displayed to users when they access the website in the form of an interactive user interface, on which consent for certain cookies and/or cookie-based applications can be given by ticking a box. By using the tool, all cookies/services requiring consent are only loaded if the respective user gives the corresponding consent by ticking the box. This ensures that such cookies are only set on the user’s end device if consent has been granted.
The tool sets technically necessary cookies to save your cookie preferences. Personal user data is not processed in this process.
If, in individual cases, personal data (such as the IP address) is processed for the purpose of storing, assigning or logging cookie settings, this is done in accordance with Art. 6 para. 1 lit. f GDPR on the basis of our legitimate interest in legally compliant, user-specific and user-friendly consent management for cookies and thus in a legally compliant design of our website.
Another legal basis for the processing is Art. 6 para. 1 lit. c GDPR. As the controller, we are subject to the legal obligation to make the use of technically unnecessary cookies dependent on the respective user consent.
Where necessary, we have concluded an order processing contract with the provider, which ensures the protection of the data of our site visitors and prohibits unauthorized disclosure to third parties.
Further information about the operator and the setting options of the cookie consent tool can be found directly in the corresponding user interface on our website.
12) Rights of the data subject
12.1 The applicable data protection law grants you the following data subject rights (rights of access and intervention) vis-à-vis the controller with regard to the processing of your personal data, whereby reference is made to the stated legal basis for the respective exercise requirements:
Right of access pursuant to Art. 15 GDPR;
Right to rectification pursuant to Art. 16 GDPR;
Right to erasure pursuant to Art. 17 GDPR;
Right to restriction of processing pursuant to Art. 18 GDPR;
Right to information pursuant to Art. 19 GDPR;
Right to data portability pursuant to Art. 20 GDPR;
Right to withdraw consent granted pursuant to Art. 7 (3) GDPR;
Right to lodge a complaint pursuant to Art. 77 GDPR.
12.2 RIGHT TO OBJECT
IF WE PROCESS YOUR PERSONAL DATA AS PART OF A BALANCING OF INTERESTS ON THE BASIS OF OUR OVERRIDING LEGITIMATE INTEREST, YOU HAVE THE RIGHT TO OBJECT TO THIS PROCESSING AT ANY TIME WITH EFFECT FOR THE FUTURE ON GROUNDS RELATING TO YOUR PARTICULAR SITUATION.
IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING THE DATA CONCERNED. HOWEVER, WE RESERVE THE RIGHT TO CONTINUE PROCESSING IF WE CAN DEMONSTRATE COMPELLING LEGITIMATE GROUNDS FOR THE PROCESSING WHICH OVERRIDE YOUR INTERESTS, FUNDAMENTAL RIGHTS AND FREEDOMS, OR IF THE PROCESSING SERVES THE ESTABLISHMENT, EXERCISE OR DEFENSE OF LEGAL CLAIMS.
IF YOUR PERSONAL DATA ARE PROCESSED BY US FOR THE PURPOSE OF DIRECT MARKETING, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF PERSONAL DATA CONCERNING YOU FOR THE PURPOSE OF SUCH MARKETING. YOU CAN EXERCISE YOUR RIGHT TO OBJECT AS DESCRIBED ABOVE.
IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING THE DATA CONCERNED FOR DIRECT MARKETING PURPOSES.
13) Duration of storage of personal data
The duration of the storage of personal data is determined by the respective legal basis, the purpose of processing and – if relevant – additionally by the respective statutory retention period (e.g. retention periods under commercial and tax law).
When processing personal data on the basis of express consent in accordance with Art. 6 para. 1 lit. a GDPR, the data concerned will be stored until you withdraw your consent.
If there are statutory retention periods for data that is processed within the framework of legal or similar obligations on the basis of Art. 6 para. 1 lit. b GDPR, this data will be routinely deleted after the retention periods have expired, provided that it is no longer required for contract fulfillment or contract initiation and/or we no longer have a legitimate interest in further storage.
When processing personal data on the basis of Art. 6 para. 1 lit. f GDPR, this data is stored until you exercise your right to object in accordance with Art. 21 para. 1 GDPR, unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing serves the establishment, exercise or defense of legal claims.
When processing personal data for the purpose of direct marketing on the basis of Art. 6 para. 1 lit. f GDPR, this data will be stored until you exercise your right to object in accordance with Art. 21 para. 2 GDPR.
Unless otherwise stated in the other information in this declaration on specific processing situations, stored personal data will be deleted when it is no longer necessary for the purposes for which it was collected or otherwise processed.
