Privacy Policy

for

Corporate Fitness for Small Businesses

1. General

The following data protection declaration informs you about the type, scope and purpose of the collection, use and processing of personal data by Urban Sports GmbH.

1. Definitions

Following the example of Art. 4 of the GDPR, this data protection notice is based on the following definitions:

• "Personal data" (Art. 4 No. 1 GDPR) means any information relating to an identified or identifiable natural person ("data subject"). A person is identifiable if he or she 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 by means of information relating to his or her physical, physiological, genetic, mental, economic, cultural or social identity characteristics. The identifiability can also be given by means of a linkage of such information or other additional knowledge. The origin, form or embodiment of the information is irrelevant (photographs, video or audio recordings may also contain personal data).
• "Processing" (Art. 4 No. 2 GDPR) means any operation which involves the handling of personal data, whether or not by automated (i.e. technology-based) means. This includes, in particular, the collection (i.e. acquisition), recording, organisation, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment, combination, restriction, erasure or destruction of personal data, as well as the change of a purpose or intended use on which a data processing was originally based.
• "Controller" (Art. 4 No. 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.
• "Processor" (Art. 4 No. 8 GDPR) is a natural or legal person, authority, institution or other body that processes personal data on behalf of the controller, in particular in accordance with the controller's instructions (e.g. IT service provider). In terms of data protection law, a processor is, in particular, not a third party.
• "Consent" (Art. 4 No. 11 GDPR) of the data subject means any freely given specific, informed and unambiguous 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 controller

We are the controller for the processing of your personal data within the meaning of Art. 4 No. 7 GDPR:

Urban Sport GmbH

Voltairestraße 10

10179 Berlin

Link to our contact form: https://urbansports.zendesk.com/hc/de/requests/new

For further information on our company, please refer to the imprint details on our website.

3. Contact details of the 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 details are:

[email protected]

4. Legal basis for data processing

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 para. 1 sentence 1 lit. a GDPR ("consent"): Where the data subject has voluntarily, in an informed manner and unambiguously indicated by a statement or other unambiguous affirmative act that he or she consents to the processing of personal data relating to him or her for one or more specified purposes;
• Art. 6 para. 1 p. 1 lit. b GDPR: If the processing is necessary for the performance of a contract to which the data subject is party or for the implementation of pre-contractual measures taken at the request of the data subject;
• Art. 6 para. 1 p. 1 lit. c GDPR: If processing is necessary for compliance with a legal obligation to which the controller is subject (e.g. a legal obligation to keep records);
• Art. 6 para. 1 p. 1 lit. d GDPR: If the processing is necessary to protect the vital interests of the data subject or another natural person;
• Art. 6 para. 1 p. 1 lit. e GDPR: Where 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 para. 1 p. 1 lit. f GDPR ("Legitimate Interests"): Where processing is necessary to protect legitimate (in particular legal or economic) interests of the controller or a third party, unless the conflicting interests or rights of the data subject override (in particular where the data subject is a minor).

        

For the processing operations carried out by us, we indicate below the applicable legal basis in each case. A processing operation may also be based on several legal bases.

5. Data deletion 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 it will be deleted or blocked. Unless an explicit storage period is specified below, your personal data will be deleted 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 regulations in A. 7) and A. 8).

However, storage may take place 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 statutory regulations to which we are subject as the responsible party (e.g. § 257 HGB, § 147 AO). If the storage period prescribed by the legal regulations expires, the personal data will be blocked or deleted unless further storage by us is necessary and there is a legal basis for this.

6. Data security

We use appropriate technical and organisational security measures to protect your data against accidental or intentional manipulation, partial or complete loss, destruction or against unauthorised access by third parties (e.g. TSL encryption for our website), taking into account the state of the art, the 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 process our business transactions. These service providers only act on our instructions and are contractually obliged to comply with the data protection regulations in accordance with Art. 28 GDPR.

If personal data from you is passed on by us to our subsidiaries or is passed on to us by our subsidiaries (e.g. for advertising purposes), this is done on the basis of existing order processing relationships.

8. Conditions for the transfer of personal data to third countries

In the course of our business relationships, your personal data may be passed on or disclosed to third party companies. These may also be located outside the European Economic Area (EEA), i.e. in third countries. Such processing takes place exclusively for the fulfilment of contractual and business obligations and to maintain your business relationship with us. We will inform you about the respective details of the transfer in the relevant places below.

The European Commission certifies data protection comparable to the EEA standard in some third countries by means of so-called adequacy decisions (a list of these countries and a copy of the adequacy decisions can be found 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 sufficiently guaranteed. This is possible through binding company regulations, standard contractual clauses of the European Commission for the protection of personal data, certificates or recognised codes of conduct. Please contact our data protection officer (see under 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 make the conclusion of contracts with us dependent on you providing us with personal data in advance. As a customer, 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 data. If this should exceptionally be the case in the context of the products we offer presented below, you will be informed of this separately.

11. Legal obligation to transmit certain data

We may, under certain circumstances, be subject to a specific legal or statutory obligation to make the lawfully processed personal data available to third parties, in particular public bodies (Art. 6 para. 1 p. 1 lit. c GDPR).

12. Your rights

You can assert 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 of A. 2). As a data subject, you have the right:

• to request information about your data processed by us in accordance with Art. 15 GDPR. In particular, you can request information about the processing purposes, the category of data, the categories of recipients to whom your data has been or will be disclosed, the planned storage period, the existence of a right to rectification, erasure, restriction of processing or objection, the existence of a right of complaint, the origin of your data if it has not been collected by us, as well as the existence of automated decision-making including profiling and, if applicable, meaningful information about its details;
• to demand the correction of incorrect or the completion of your data stored by us without delay in accordance with Art. 16 GDPR;
• pursuant to Art. 17 GDPR to request the deletion of your data stored by us, unless the processing is necessary for the exercise of the right to freedom of expression and information, for compliance with a legal obligation, for reasons of public interest or for the assertion, exercise or defence of legal claims;
• demand the restriction of the processing of your data in accordance with Art. 18 GDPR, insofar as the accuracy of the data is disputed by you or the processing is unlawful;
• pursuant to Art. 20 GDPR to receive your data that you have provided to us in a structured, common and machine-readable format or to request the transfer to another controller ("data portability");
• object to the processing in accordance with Art. 21 GDPR, insofar as the processing is based on Art. 6 Section 1 p. 1 lit. e or lit. f GDPR. This is particularly the case if the processing is not necessary for the performance of a contract with you. Unless it is an objection to direct marketing, when exercising such an objection, we ask you to explain the reasons why we should not process your data as we have done. In the event of your justified objection, we will review the merits of the case and either cease or adapt the data processing or show you our compelling legitimate grounds on the basis of which we will continue the processing;
• in accordance with Art. 7 Section 3 of the GDPR, revoke your consent - i.e. your voluntary, informed and unambiguous will, made clear by a declaration or other unambiguous affirmative action, that you agree to the processing of the personal data in question for one or more specific purposes - given once (also before the GDPR applies, i.e. before 25.5.2018) at any time vis-à-vis us, if you have given such consent. This has the consequence that we may no longer continue the data processing based on this consent in the future, and
• complain to a data protection supervisory authority about the processing of your personal data in our company in accordance with Art. 77 GDPR, for example to the data protection supervisory authority responsible for us: [Competent data protection supervisory authority], [address], e-mail: [email address].

13. Changes to the data protection notice

In the context of the further development of data protection law as well as technological or organisational changes, our data protection information is regularly reviewed for the need to adapt or supplement it. You will be informed about changes in particular on our website under Company Fitness for Small Businesses.

B. Visit the Corporate Fitness for Small Business website

1. Explanation of function

You can obtain information about our company and the services we offer in particular at [https://ast-staging.urbansportsclub.com] together with the associated pages (hereinafter collectively referred to as "websites"). When you visit our websites, your personal data may be processed.

2. Personal data being processed

        When using the contact form, the data transmitted through it is processed, e.g.:

        

• First name,
• Surname,
• Job description,
• department,
• telephone number,
• address,
• Company,
• industry,
• number of employees,
• e-mail address,
• Time of transmission

1. Newsletter

In addition to the purely informative use of our website, we offer the subscription to our newsletter, which will keep you informed about current developments and news as well as events on company sports and HR topics.

If you subscribe to our newsletter, we use the so-called double opt-in procedure. This means that we will only send you our newsletter by e-mail if you have previously expressly confirmed by e-mail that you would like to receive the newsletter. We will send you an e-mail in which we ask you to confirm that you would like to receive our newsletter by clicking on a link. Subscribing to our newsletter is possible independently of registering for our offer.

The following "newsletter data" will be collected, stored and processed by us:

- the e-mail address

- the date and time of registration and confirmation

If you no longer wish to receive our newsletter, you can object to receiving it at any time. To do so, you simply need to send us this in writing (e-mail, letter) Urban Sports Club GmbH, Voltairestraße 10, 10179 Berlin, Germany, data protection officer: [email protected].

The basis of the processing is your consent to receive newsletters according to Art. 6 para. 1 lit. a) GDPR.

We use the list providers MailChimp and Airship to send our newsletter.

1. MailChimp

MailChimp is a service of The Rocket Science Group, LLC, 512 Means Street, Suite 404, Atlanta, GA 30318 ("Rocket"). The data stored during registration is transmitted to Rocket and stored there. The data entered during registration is not transmitted to other third parties. After registration, MailChimp will send you an email to confirm your registration. Furthermore, MailChimp offers extensive analytics on how our newsletters are opened and used. These analyses are group-related and are not used by us for individual evaluation. MailChimp uses the Google Analytics analysis tool and may integrate it into the newsletters. You can revoke your consent to the storage of data and its use for sending the newsletter at any time. The revocation can be made via a link in the newsletters themselves or by sending a message to the contact option above. Further information on data protection at MailChimp can be found at http://mailchimp.com/legal/privacy/.

2. AirShip

Airship is a so-called "customer engagement platform" of the provider Urban Airship Group, Inc. (1225 W Burnside St #401, Portland, OR 97209, hereinafter: "Airship").  The data collected during registration is transmitted to Airship and stored there. In addition, Airship provides extensive analytics about how our newsletters are opened and used. These analyses are group-related and are not used by us for individual evaluation. An "unsubscribe" link is included in every email message sent via Airship so that you can unsubscribe from the newsletter at any time. You can also give your consent to receive our newsletter by sending a message to the contact details above. Airship may also use Google Analytics and Google Analytics Demographics and Interest Reporting, and other similar providers, to collect information about user behaviour so that we can develop the content of the website accordingly.

For more information on Google Analytics, please visit www.google.com/policies/privacy/partners/. You can object to the collection and processing by Google of data arising from your use of our services by clicking on the following link: http://tools.google.com/dlpage/gaoptout. You can also opt out of Airship's analytics partners by setting or changing your preferences using the "Cookie Settings" link at the bottom of the sub-page you visit. For more information about Airship's privacy practices, please visit https://www.airship.com/legal/privacy/.

b)         CRM-System

We use the customer relationship management (CRM) systems HubSpot and Pipdedrive on our website.

1. HubSpot

HubSpot is a CRM provider from the USA with a branch in Germany, HubSpot Germany GmbH, Koppenstrasse 93, 10243 Berlin. We use HubSpot for our marketing, lead generation and customer service purposes. These include email marketing, which manages the sending of newsletters as well as automated mailings, social media publishing and reporting, contact management such as user segmentation and CRM, landing pages and contact forms. HubSpot uses cookies for this purpose, small text files that are stored locally in the cache of your web browser on your end device and enable an analysis of your use of the website by us. HubSpot evaluates the information collected (e.g. IP address, geographical location, type of browser, duration of the visit and pages viewed) on our behalf so that we can create reports about the visit and the pages visited. Information collected by HubSpot and the content of our website is stored on servers of HubSpot's service providers. Insofar as you have given your consent to this in accordance with Art. 6 section 1 sentence 1 lit. a GDPR, the processing on this website is carried out for the purpose of website analysis. As HubSpot is headquartered outside of Europe and personal data is transferred to the USA, further protection mechanisms are required to ensure the level of data protection of the GDPR. To ensure this, we have agreed standard data protection clauses with the provider in accordance with Art. 46 section 2 lit. c GDPR. These oblige the recipient of the data in the USA to process the data in accordance with the level of protection in Europe. In cases where this cannot be ensured by this contractual extension, we will endeavour to obtain additional regulations and assurances from the recipient in the USA. The data is deleted as soon as it is no longer required to achieve the purpose for which it was collected. You can permanently object to the collection of data by HubSpot and the setting of cookies by preventing the storage of cookies through your browser settings. You can object to the processing of your personal data at any time with effect for the future. You can find out more about the data processed through the use of Hubspot in the Privacy Policy at https://legal.hubspot.com/privacy-policy.

2. Pipedrive

Pipedrive is a CRM provider from the USA with a branch in Germany, Pipedrive Germany GmbH, Julie-Wolfthorn-Straße 1, 10115 Berlin, Germany. As Pipedrive have their headquarters outside of Europe and a transfer of personal data to the USA takes place, further protection mechanisms are required to ensure the level of data protection of the GDPR. To ensure this, we have agreed standard data protection clauses with the provider in accordance with Art. 46 Para. 2 lit. c GDPR. These oblige the recipient of the data in the USA to process the data in accordance with the level of protection in Europe. In cases where this cannot be ensured even through this contractual extension, we endeavour to obtain additional regulations and assurances from the recipient in the USA. The data is deleted as soon as it is no longer required to achieve the purpose for which it was collected. You can permanently object to the collection of data by Pipedrive and the setting of cookies by preventing the storage of cookies through your browser settings. You can object to the processing of your personal data at any time with effect for the future. You can find out more about the data processed through the use of Pipedrive in the Privacy Policy at https://www.pipedrive.com/en/privacy.

3)         Purpose and legal basis of data processing

We process the personal data described in more detail above in accordance with the provisions of the GDPR, the other relevant data protection regulations and only to the extent necessary. Insofar as the processing of personal data is based on Art. 6 section 1 sentence 1 lit. f GDPR, the aforementioned purposes also represent our legitimate interests.

Contact form data is processed for the conclusion of a cooperation agreement (legal basis is Art. 6 para. 1 p. 1 lit. b GDPR).

Newsletter data is processed for the purpose of sending the newsletter. When registering for our newsletter, you consent to the processing of your personal data (legal basis is Art. 6 para. 1 lit. a GDPR). We use the so-called double opt-in procedure to register for our newsletter. This means that after your registration, we will send you an e-mail to the e-mail address you provided in which we ask you to confirm that you wish to receive the newsletter. The purpose of this procedure is to verify your registration and, if necessary, to be able to clarify any possible misuse of your personal data. You can revoke your consent to receive the newsletter at any time and unsubscribe from the newsletter. You can declare the revocation by clicking on the link provided in every newsletter e-mail.

4)         Duration of data processing

Your data will only be processed for as long as is necessary to achieve the above-mentioned processing purposes; the legal bases stated in the context of the processing purposes apply accordingly. With regard to the use and storage duration of cookies, please note point A. 5).

Third parties used by us will store your data on their system for as long as is necessary in connection with the provision of services for us in accordance with the respective order.

You can find more details on the storage period under A. 5).

5)         Transfer of personal data to third parties; justification basis

The following categories of recipients, which 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 centre services, payment processing, IT security). The legal basis for the transfer is then Art. 6 para. 1 sentence 1 lit. b or lit. f GDPR, insofar as it does not involve order processors;
• Government agencies/authorities, insofar as this is necessary to fulfil a legal obligation. The legal basis for the disclosure is then Art. 6 para. 1 p. 1 lit. c GDPR;
• Persons employed to carry out our business operations (e.g. auditors, banks, insurance companies, legal advisors, supervisory authorities, parties involved in company acquisitions or the establishment of joint ventures). The legal basis for the disclosure is then Art. 6 para. 1 sentence 1 lit. b or lit. f GDPR.

For the guarantees of an adequate level of data protection in the event of a transfer of the data to third countries, see A. 8).

In addition, we will only pass on your personal data to third parties if you have given your express consent to do so in accordance with Art. 6 para. 1 p. 1 lit. a GDPR.

6)         Use of cookies, plugins and other services on our website

1. Cookie

We use cookies on our websites. Cookies are small text files that are assigned to the browser you are using and stored on your hard drive by means of a characteristic string of characters and through which certain information flows to the body that sets the cookie. Cookies cannot execute programmes or transmit 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 recognise the device used. In some cases, however, cookies only contain information on certain settings that cannot be related to a specific person. However, cookies 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. With regard to their function, a distinction is made between cookies:

• Technical cookies: these are essential to navigate the website, use basic functions and ensure the security of the website; they do not collect information about you for marketing purposes nor do they store which web pages 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 website use; they do not collect information that could identify you - all information collected is anonymous and is only used to improve our website and find out what interests our users;
• Advertising cookies, targeting cookies: these are used to provide the website user with 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 explicit and active consent pursuant to Art. 6 section 1 sentence 1 lit. a GDPR. This applies in particular to the use of advertising, targeting or sharing cookies. Furthermore, we only pass on your personal data processed by cookies to third parties if you have given your express consent to do so in accordance with Art. 6 section1 sentence 1 lit. a GDPR.

2. Used cookies

The following cookies may be set through our website by our advertising partners. They may be used by these companies to profile your interests and show you relevant advertising on other websites. They do not directly store personal data, but are based on a unique identification of your browser and internet device. If you do not allow these cookies, you will receive less personalised advertising.

• Google Analytics
• Google Tag Manager

3. Social Media Plugins

We do not use social media plugins on our websites. If our websites contain icons of social media providers (e.g. [name of social media providers with icons on the company's website]), we only use these for passive linking to the pages of the respective providers.