Jonathon Entertainment GmbH, 06128 Halle (Saale), Rockendorfer Weg 162
Managing director: Brad J. Cleary
Telephone number: +49 (0)345 68199677
Fax nummer: +49 (0)345 68137323
E-mail: sales @ 6packfitness.eu
Register court & registernumber: Amtsgericht Stendal: HR 23698
Last update: September 2018
1. Basic statements on data processing and legal framework
1.2. The terms used such as “personal data” or its “processing” refer to the definitions in Art. 4 of the General Data Protection Regulation (GDPR).
1.3. The user’s personal data processed within the scope of this online offer includes inventory data (e.g. names and addresses of customers), contractual data (e.g. services used, payment information), usage data (e.g. the websites of the online offer visited, interest in our products) and content data (e.g. entries in the contact form).
1.4. The term “user” comprises all categories of person affected by data processing. These include our business partners, customers, interested parties and other visitors to our online offer. The terms used, such as “user”, are to be understood as gender neutral.
1.5. We only process the user’s personal data in accordance with the pertinent data protection regulations. This means the user’s data will only be processed with their legal consent. This means, in particular if the data processing is necessary for the performance of our contractual services (e.g. handling orders) as well as online services, or is legally mandatory, the user has given their consent, as well as on the basis of our legitimate interests (i.e. interests in analysis, optimisation and economic operation and security of our online offer in accordance with Art. 6 para. 1 lit. (f) GDPR, in particular in the reach measurement, creation of profiles for advertising and marketing purposes as well as the collection of access data and the use of the services from third-party providers.
1.6. Please note that the legal basis of consent is Art. 6 para. 1 lit. (a) and Art. 7 GDPR, the legal basis for the processing for the performance of our services and performance of contractual measures is Art. 6 para. 1 lit. (b) GDPR, the legal basis for processing to comply with our legal obligations is Art. 6 para. 1 lit. (c) GDPR, and the legal basis for processing for the purposes of our legitimate interests is Art. 6 para. 1 lit. (f) GDPR.
2. Security measures
2.1. We take organisational, contractual and technical security measures in accordance with the current state of technology in order to ensure that the provisions of the data protection regulations are complied with and so that the data processed by us is protected against accidental or intentional manipulation, loss, erasure or to protect against unauthorised persons accessing it.
2.2. The security measures include, in particular, the encrypted transfer of data between your browser and our server.
3. Disclosure of data to third parties and third-party providers
3.1. Disclosure of data to third parties only occurs within the scope of the legal provisions. We only pass on the user’s data to third parties if this, for example, is necessary on the basis of Art. 6 para. 1 lit. (b) GDPR for contractual purposes or on the basis of legitimate interests pursuant to Art. 6 para. 1 lit. (f) GDPR for the economic and effective operation of our business.
3.2. When we engage subcontractors in order to provide our services, we make suitable legal provisions and take appropriate technical and organisational measures, in order to ensure the protection of personal data pursuant to the pertinent legal provisions.
3.4. We process inventory data (e.g. users’ names and addresses as well as contact data), contract data (e.g. services used, names of contact persons, payment information) for the purpose of performing our contractual obligations and services pursuant to Art. 6 para. 1 lit. (b) GDPR.
3.5. Users have the option to create a user account in which they can view their orders. As part of the registration process the user’s necessary mandatory details are disclosed. User accounts are not public and can not be indexed by search engines. When the user has terminated their user account their data with regard to the user account is erased, unless its retention is necessary for commercial- or tax-law reasons pursuant to Art. 6 para. 1 lit. (c) GDPR. It is incumbent on the user to save their data if they terminate the account before the end of the contract. We are authorised to irrecoverably erase all the user’s data saved during the duration of the contract.
3.6. Within the scope of registration and subsequent logging in as well as the utilisation of our online services, we store the IP address and the time of each user action. The storage takes place on the basis of our legitimate interests, as well as to protect the user from misuse and other unauthorised use. This data is not generally disclosed to third parties, except if it is necessary for the pursuance of our claims or if there is a legal obligation to do so pursuant to Art. 6 para. 1 lit. (c) GDPR.
4. Making contact
4.1. When contacting us (via the contact form or e-mail), the user’s details for handling the contact request and their handling pursuant to Art. 6 para. 1 lit. (b) GDPR will beprocessed.
4.2. The user’s details can be stored in our Customer Relationship Management System (CRM System) or comparable enquiry organisational tool.
5. Collection of access data and log files
5.1. On the basis of our legitimate interests pursuant to Art. 6 para. 1 lit. (f) GDPR, we collect data about every access of the server on which this service is located (so-called server log files). Access data includes the name of the website retrieved, files, date and time of the retrieval, the volume of data transmitted, notification of successful retrieval, browser type and version, the user’s operating system, the referrer URL (the page visited previously), IP address and the requesting provider.
5.2. Log file information is stored for a maximum period of seven days for security reasons (e.g. in order to resolve acts of misuse or fraud) and then erased. Data whose further storage is necessary for evidential purposes are exempted from erasure until conclusive clarification of the respective incident has been reached.
6. Cookies & the reach measurement
6.1. Cookies are information that is transferred from our web server or third-party web servers to the user’s web browser and stored there for later retrieval. Cookies can be small files or other kinds of information storage.
6.2. We use “session Cookies” that are only stored for the duration of the current visit to our online offer (e.g. in order to enable the recording of your login status or the shopping cart function and consequently the use of our online offer in general). A randomly generated distinct identification number is stored in a session Cookie, a so-called session ID. A Cookie additionally contains the information of its origin and the storage period. These Cookies cannot save any other data. Session Cookies are deleted when you have finished using our online offer and you, for example, log out or close the browser.
6.4. If the user does not want Cookies to be stored on their computer, they are requested to deactivate the corresponding option in the system settings of their browser. Stored Cookies can be erased in the system settings of the browser. The exclusion of Cookies can lead to functional limitations of this online offer.
7. Google Analytics
7.2. Google is certified under the Privacy Shield agreement and hereby offers a guarantee to comply with the European data protection regulations (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).
7.3. Google uses this information on our behalf in order to assess the usage of our online offer by the user, to compile reports about the activities within this online offer and to provide us with further services related to the use of this online offer and web usage. In the process, pseudonymised usage profiles of the user can be created from the processed data.
7.4. We only employ Google Analytics with activated IP anonymisation. This means the IP address of the user is truncated by Google within member states of the European Union or in other signatory states of the agreement outside the European Economic Area. The full IP address will only be transferred to a Google server in the USA and truncated there in exceptional cases.
7.5. The IP address imparted from the user’s browser will not be combined with other data by Google. The user can prevent the storage of Cookies through a corresponding setting in their browser software; the user can furthermore prevent Google from collecting the data created by the Cookie and related to their use of the online offer as well as prevent the processing of this data by Google, by downloading and installing the browser plugin available under the following link: http://tools.google.com/dlpage/gaoptout?hl=de.
7.6. You can find further information on data use by Google, settings and opt out options on Google’s websites: https://www.google.com/intl/de/policies/privacy/partners (“How Google uses information from sites or apps that use our services”), http://www.google.com/policies/technologies/ads (“data use for advertising purposes”), http://www.google.de/settings/ads (“manage the information that Google uses to display advertising to you”).
8. Integration of third-party services and contents
8.1. On the basis of our legitimate interests (i.e. interest in the analysis, optimisation and economic operation of our online offer pursuant of Art. 6 para. 1 lit. (f) GDPR) we employ content or service offers from third-party providers, in order to integrate their contents and services, such as videos or fonts(hereafter collectively referred to as “contents”) within our online offer. This always requires that the third-party provider of these contents reads the IP address of the user, as they could not send the contents to their browser without the IP address. The IP address is therefore necessary for the presentation of these contents. We endeavour to only use such contents whose respective provider uses the IP address solely for the delivery of the contents. Third-party providers can also use so-called pixel tags (invisible graphics, also referred to as “web beacons”) for statistical or marketing purposes. “Pixel tags” can be used to analyse information such as the visitor traffic on the pages of this website. The pseudonymised information can be stored furthermore in Cookies on the user’s device and, among other things, contain technical information about the browser and operating system, referring websites, visiting time as well as further information on the use of our online offer, and can also be linked with such information from other sources.
9. Rights of the data subject
If your personal data is processed, you are the data subject pursuant to GDPR and you are entitled to the following rights vis-à-vis the controller:
9.1. Right to information
You have the right to obtain from the controller confirmation as to whether or not personal data concerning you is being processed by us, and, where that is the case, access to the personal data and the following information:
(1) the purposes for which the personal data is processed;
(2) the categories of personal data that are processed;
(3) the recipient or the categories of recipients, to whom the personal data have been or will be disclosed;
(4) the envisaged period for which the personal data concerning you will be stored, or, if no concrete details on this can be given, the criteria used to determine that period;
(5) the existence of the right to request from the controller rectification or erasure of personal data or restriction of processing of personal data concerning you or to object to such processing;
(6) the right to lodge a complaint with a supervisory authority;
(7) where the personal data are not collected from the data subject, any available information as to their source;
(8) the existence of automated decision-making, including profiling, referred to in Art. 22 para. 1 and 4 GDPR and– at least in these cases– meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.
You have the right to demand confirmationas to whether the personal data concerning you are transferred to a third country or to an international organisation. If this is the case, have the right to be informed of the appropriate safeguards pursuant to Art. 46 GDPR relating to the transfer.
9.2. Right to rectification
You have the right to obtain rectification and/or completion from the controller, in sofar the processed personal data concerning you is inaccurate or incomplete. The controller must carry out the rectification without undue delay.
9.3. Right to a restriction of processing
Under the following conditions you can demand the restriction of processing of the personal data concerning you:
(1) if you dispute the accuracy of the personal data concerning you for a period enabling the controller to verify the accuracy of the personal data;
(2) the processing is unlawful and you oppose the erasure of the personal data and demand the restriction of the use of the personal data instead;
(3) the controller no longer needs the personal data for the purposes of the processing, but they are required by you for the establishment, exercise or defence of legal claims, or
(4) if you have objected to processing pursuant to Art. 21 para. 1 GDPR pending the verification whether the legitimate grounds of the controller override your grounds.
If the processing of the personal data concerning you has been restricted, such data shall– with the exception of storage– only be processed with your consent or for the establishment, exercise or defence 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 of a Member State.
If the restriction of processing is obtained pursuant to the afore mentioned conditions, you shall be informed by the controller before the restriction of processing is lifted.
9.4. Right to erasure
a) Erasure obligation
You can demand that the controller erases personal data concerning you without undue delay, and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies:
(1) The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
(2) You withdraw your consent on which the processing is based according to Art. 6 para. 1 lit. (a) or Art. 9 para. 2 lit. (a) GDPR, and where there is no other legal ground for the processing.
(3) You object to the processing pursuant to Art. 21 para. 1 GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Art. 21 para. 2 GDPR.
(4) The personal data concerning you have been unlawfully processed.
(5) The personal data have to be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.
(6) The personal data have been collected in relation to the offer of information society services referred to in Art. 8 para. 1 GDPR.
b) Information to third parties
Where the controller has made the personal data public and is obliged pursuant to Art. 17 para. 1 GDPR to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform controllers which are processing the personal data that the data subject has requested the erasure by such controllers of any links to, or copy or replication of, those personal data.
The right to erasure does not apply to the extent that processing is necessary:
(1) for exercising the right of freedom of expression and information;
(2) for compliance with a legal obligation which requires processing by 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;
(3) for reasons of public interest in the area of public health in accordance with Art. 9para. 2 lit. (h) and (i) as well as Art. 9 para. 3 GDPR;
(4) for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Art. 89 para. 1 GDPR, in so far as the right referred to in a) is likely to render impossible or seriously impair the achievement of the objectives of that processing, or
(5) for the establishment, exercise or defence of legal claims.
9.5. Right to notification
If you have enforced the right to rectification or erasure of personal data or restriction of processing vis-à-vis the controller, they are obligated to communicate this rectification or erasure of data or restriction of processing to all the recipients to whom the personal data concerning you has been disclosed, unless this proves impossible or involves disproportionate effort.
You have the right to be informed by the controller of these recipients. The controller shall inform you about these recipients if you request it.
9.6. Right to data portability
You have the right to receive the personal data concerning you, which you have provided to a controller, in a structured, commonly used and machine-readable format. You also have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, where
(1) the processing is based on consent pursuant to Art. 6 para. 1 lit. (a) GDPR or Art. 9 para. 2 lit. (a) GDPR or on a contract pursuant to Art. 6 para. 1 lit. (b) GDPR and
(2) the processing is carried out by automated means.
In exercising this right to data portability, you also have the right to have the personal data transmitted directly from one controller to another, where technically feasible. This shall not adversely affect the rights and freedoms of others.
The right to data portability does not apply to the processing of personal data necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
9.7. Right to object
You have the right to object, on grounds relating to your particular situation, at any time to processing of personal data concerning you which is based on Art. 6 para. 1 lit. (e) or (f) GDPR, including profiling based on those provisions.
The controller shall no longer process the personal data unless the controller demonstrates compelling legitimate grounds for the processing which override your interests, rights and freedoms or for the establishment, exercise or defence of legal claims.
Where personal data relating to you are processed for direct marketing purposes, you have the right to object at any time to the processing of personal data concerning you for such marketing, which includes profiling to the extent that it is related to such direct marketing.
Where you object to processing for direct marketing purposes, the personal data shall no longer be processed for such purposes.
In the context of the use of information society services, and not withstanding Directive 2002/58/EC, you may exercise your right to object by automated means using technical specifications.
9.8. Right to withdraw your legal declaration of consent
You have the right to withdraw your legal declaration of consent at any time. Through the withdrawal of consent, the legality of processing up to the point of withdrawal,which was carried out based on the consent,is not affected.
9.9. 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 performance of, a contract between you and the data controller,
(2) is authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard your rights and freedoms and legitimate interests or
(3) is based on your explicit consent.
However these decisions shall not be based on special categories of personal data referred to in Art. 9 para. 1 GDPR, unless Art. 9 para. 2 lit. (a) or (g) GDPR applies and suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests are in place.
In the cases referred to in (1) and (3) the data controller shall implement suitable measures to safeguard your rights and freedoms and legitimate interests,at least the right to obtain human intervention on the part of the controller, to express your point of view and to contest the decision.
9.10. Right to lodge a complaint with a supervisory authority
Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement if you consider that the processing of personal data relating to you infringes the GDPR.
The supervisory authority with which the complaint has been lodged shall inform the complainant on the progress and the outcome of the complaint including the possibility of a judicial remedy pursuant to Art. 78 GDPR.
10. Erasure of data
10.1. The data stored by us is erased as soon as it is no longer necessary for its intended purpose and the erasure does not violate statutory storage obligations. When the user’s data is not erased, because it is necessary for other and legally permissible purposes, its processing is restricted. This means the data is blocked and not processed for other purposes. This applies, for example, to the user’s data that must be saved for commercial-or tax-law reasons.
10.2. According to statutory requirements, storage must be maintained for 6 years pursuant to § 257 para. 1 HGB (account books, inventories, opening balance sheets, annual reports, commercial letters, accounting records, etc.) and for 10 years pursuant to § 147 para. 1 AO (books, records, status reports, accounting records, commercial and business letters, documents relevant for taxation, etc.).
11. Right to object
Users can at any time object to the future processing of their personal data in accordance with the legal provisions. The objection can be made, in particular, against processing for the purpose of direct advertising.