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 reached the page
  • Browser used
  • Operating system used
  • IP address used (if applicable: in anonymised 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 subsequently check the server log files 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 enquiries to the controller). You can recognise an encrypted connection by the character string “https://” and the lock symbol in your browser line.

3) 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 you close your 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.

4) 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 enquiry 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.

5) 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.

Your customer account can be cancelled at any time by sending a message to the above 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 we have no legitimate interest in further storage.

6) Data processing for order processing

6.1 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 process the contact data (name, address, email address) provided by you when ordering in order to inform you personally by suitable means of communication (e.g. by post or email) about upcoming updates within the legally prescribed period as part of our statutory information obligations in accordance with 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 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 fulfilment of concluded contracts. Certain personal data is transmitted to these service providers in accordance with the following information.

6.2 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 pay in advance, 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, postcode, 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 basket, 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 recognised 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 authorised to process your personal data if this is necessary to process payments in accordance with the contract.

7) 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 standardised 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. It may also be transmitted 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 that ensures the protection of our website visitors’ data and prohibits unauthorised 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.

8) Page functionalities

8.1 Vimeo

This website uses plugins to display and play videos from the following provider: Vimeo, LLC, 555 West 18th Street, New York, New York 10011, 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 behaviour, compile playback statistics and prevent abusive behaviour.

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 the transfer of data to the USA, the provider refers to standard contractual clauses of the European Commission, which are intended to ensure compliance with the European level of data protection.

8.2 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 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 behaviour, compile playback statistics and prevent abusive behaviour.

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 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.

8.3 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 call up 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 refers to standard contractual clauses of the European Commission, which are intended to ensure compliance with the European level of data protection.

8.4 Google Web Fonts

This site uses so-called web fonts from the following provider for the standardised 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. 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 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.

9) 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 their consent by ticking the appropriate 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 context.

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 website visitors and prohibits unauthorised 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.

10) Rights of the data subject

10.1 The applicable data protection law grants you the following data subject rights (information and intervention rights) vis-à-vis the controller with regard to the processing of your personal data, whereby reference is made to the legal basis stated 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 para. 3 GDPR;
  • Right to lodge a complaint pursuant to Art. 77 GDPR.

10.2 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 DEFENCE OF LEGAL CLAIMS.

IF YOUR PERSONAL DATA IS 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 OBJECTION AS DESCRIBED ABOVE.

IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING THE DATA CONCERNED FOR DIRECT MARKETING PURPOSES.

11) 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 applicable – 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 legal retention periods for data that is processed within the scope 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 fulfilment 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 defence 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.