PRIVACY POLICY

As of October 25, 2023

1. SUBJECT MATTER AND SCOPE OF APPLICATION

We take the protection of your personal data very seriously. With this Privacy Policy, we inform you which personal data we collect and how and for what purposes it is processed. We always treat your personal data in accordance with the statutory data protection regulations and this Privacy Policy.

2. CONTROLLER AND DATA PROTECTION OFFICER

Controller is gym80 International GmbH, Wiesmannstraße 46
45881 Gelsenkirchen,, Germany, e-mail: info@gym80.de, phone.: +49 (0) 209 97064-0 (hereinafter „gym80“).

Our data protection officer is Christian Schmoll, e-mail: schmoll@lucid-compliance.com. If you have any questions about data protection, you can contact our data protection officer at any time.

3. VISITING OUR WEBSITE

3.1 Log Files

Each time you visit our website, our system automatically collects data and information from the computer system of the calling computer. The following data is logged:

• IP address of the calling computer
• Operating system of the calling computer
• Browser version of the calling computer
• Name of the retrieved file/website
• Date and time of retrieval
• Transferred amount of data
• Referring URL

This data is processed in order to be able to present the website, to ensure the security, availability and integrity of the website (e.g., detection and defense against DoS attacks or access by bots), to improve the quality and presentation of the website, to be able to identify and correct errors and for statistical purposes.

This data is regularly deleted after 7 days at the latest.

Our website is hosted by a service provider in the EU on the basis of a data processing agreement pursuant to Art. 28 GDPR.

The legal basis for this data processing is Art. 6 (1) lit. f) GDPR. Our overriding legitimate interest is the above purposes.

4. PROSPECTS, CUSTOMERS AND SERVICE PROVIDERS (CRM)

If you contact us, e.g. by e-mail or via a contact form, the information you provide will be stored for the purpose of processing the request.

We need the information requested in a contact form to process your request, to address you correctly and to send you a reply.

The legal basis for this data processing is Art. 6 (1) lit. f) GDPR. Our overriding legitimate interest is the communication with prospects, visitors, and customers. If the communication takes place within the framework of a contractual relationship or if it is aimed at the conclusion of a contract, the legal basis for the processing is Art. 6 (1) lit. b) GDPR.

We process the data of our customers, service providers and suppliers as part of the provision of our contractual services. In this context, inventory data (for example, surname and first name of the contact person(s), address), contact data (for example, e-mail address, telephone number), contract data (for example, subject matter of the contract, term), payment data and data collected in the context of the provision of services and/or required for the provision of services are processed, if applicable.

Inquiries and customer relations are regularly stored and processed in our CRM system. The data processed in this context (surname, first name, title, postal address, date of birth if applicable, your specific interest with regard to our products and services and your interactions with us) may also be used by us for direct marketing purposes, in particular for postal advertising, in compliance with the legal requirements.

The legal basis for this storage and processing is our legitimate interest pursuant to Art. 6 (1) lit. f) GDPR. Our overriding legitimate interest is the marketing of our products and services and the maintenance of our prospect, customer and service provider relationships.

5. COOKIES AND THIRD-PARTY TOOLS/FUNCTIONS

Our website uses cookies and local storage technologies and implements third-party tools and functions.

Cookies are pieces of information that are transferred from our web server or third-party web servers to your browser and stored there for later retrieval. Cookies may be small files or other types of information storage. Information is stored in cookies that is related to the specific end device used. Cookies contain a characteristic string of characters that enables the browser to be uniquely identified when the website is called up again. A cookie also contains information about its origin and the storage period. However, this does not mean that we gain immediate knowledge of your identity.

We also use third-party tools and functions, for example, to expand the functional scope of the website, to analyze the use of the website, and to optimize the content accordingly.

When integrating tools and functions from third-party providers, personal data may be transmitted to the providers of the integrated tools and functions in order to be able to provide the tools and functions.

Cookies, local storage technologies and third-party tools and functions are referred to uniformly below as “cookies” for the sake of simplicity.

When visiting our website, essential cookies are set that are absolutely necessary for the operation of the website. These essential cookies may be, for example, cookies that are required for the display of the website with a content management system, which are used to recognize language settings, or which are used to document whether you have consented to the setting of further (non-essential) cookies or whether you have rejected them.

The technically necessary cookies, including their purpose and storage period or deletion period, are explained to you in our cookie banner, which is displayed when you access the website.

The legal basis for the processing of personal data using essential cookies is our legitimate interest pursuant to Art. 6 (1) lit. f) GDPR. Our overriding legitimate interest are the operation and provision of our website.

We also use optional non-essential cookies, for example to collect additional information about the interests of visitors to our websites or about their usage behavior, in order to analyze and optimize our website and generally our customer interactions on this basis.

Non-essential cookies, including their purpose and storage period or deletion period, are also explained to you in our cookie banner, which is displayed when you access the website.

Non-essential cookies are only set if you have expressly consented to the setting of non-essential cookies. You can also select different categories of non-essential cookies that you wish to allow in the cookie banner.

When using non-essential cookies, the legal basis for the storage and reading of information is § 25 (1) TTDSG (or in Austria § 96 (3) TKG) and, with regard to the processing of personal data, Art. 6 (1) lit. a) GDPR.

5.1 Essential Cookies

5.1.1 Consent Management (“CMP”)

On our website we use the tool Borlabs Cookies, provided by Borlabs GmbH in Germany. We use Borlabs Cookies to inform you about the cookies used on our website and to obtain your consent to use non-essential cookies. To store the consent, a permanent cookie is stored in your browser (storage period 1 year).

The legal basis for this data processing is initially Art. 6 (1) lit. f) GDPR, the provision of our website and ensuring the possibility to obtain consent for non-essential cookies. If you consent, the legal basis for the processing of the data relating to your consent is Art. 7 (1) and 6 (1) lit. c) GDPR.

5.1.2 Videos (YouTube)

YouTube videos are embedded on our website. These are provided, via a plugin, by Google Ireland Ltd. in Ireland (“YouTube”).

We use the “extended data protection settings” for embedded YouTube videos, this means that YouTube does not set any cookies.

Nevertheless, when you visit a website with the YouTube plugin, a connection to YouTube is inevitably established and your IP address is transmitted to YouTube in the process.

When using YouTube, personal data may be transferred to a third country (outside the EU/EEA). Unless an adequacy decision pursuant to Art. 45 GDPR exists for the third country, we ensure that appropriate safeguards pursuant to Art. 46 GDPR are provided for this transfer. We will provide you with proof of the appropriate safeguards at any time upon request.

Further information on data protection at YouTube can be found in YouTube’s Data Protection and Security Centre:

https://support.google.com/youtube/topic/2803240?hl=de&ref_topic=6151248

The legal basis for this data processing when using YouTube is Art. 6 (1) lit. f) GDPR. Our legitimate interest is the integration of videos and the associated optimization of the interactivity of our website and our customer interactions.

5.1.3 Maps (Google Maps)

We use Google Maps (API) provided by Google Ireland Limited in Ireland on our website. Google Maps enables the display of interactive maps. When calling up sub-pages of the website on which Google Maps is used, information about your use of our website (such as your IP address) is transmitted to Google’s servers in the USA and stored there.

Further information on data processing and data protection at Google can be found in Google’s Privacy Policy at https://policies.google.com/privacy?hl=en.

Personal data may be transferred to a third country (outside the EU or the EEA). If there is no adequacy decision pursuant to Art. 45 GDPR for the third country, we ensure that appropriate safeguards are provided for this transfer pursuant to Art. 46 GDPR. We will be happy to provide you with proof of the appropriate safeguards at any time upon request.

The legal basis for this data processing is our legitimate interest pursuant to Art. 6 (1) lit. f) GDPR. Our overriding legitimate interest are the operation and provision of our website.

5.1.4 Google reCAPTACHA

On our website, we use the reCAPTCHA service of Google Ireland Limited in Ireland. With reCAPTCHA, we determine whether a person or a computer makes a certain entry in a form. Google uses the following data to check whether a person or computer makes an entry: IP address of the end device used, the website that is visited on our site and on which the captcha is embedded, the date and duration of the visit to the website, information on the browser and operating system type used, the Google account if the user is logged in to Google, mouse movements on the reCAPTCHA areas and tasks in which images are to be identified.

Further information on data processing and data protection at Google can be found in Google’s Privacy Policy at https://policies.google.com/privacy?hl=en.

When using Google reCAPTCHA, personal data may be transferred to a third country. If no adequacy decision pursuant to Art. 45 GDPR exists for the third country, we ensure that appropriate safeguards are provided for this transfer pursuant to Art. 46 GDPR. We will gladly provide you with proof of the appropriate safeguards at any time upon request.

The legal basis for the data processing is our legitimate interest pursuant to Art. 6 (1) lit. f) GDPR. Our overriding legitimate interests are the operation, provision and security of our website, specifically the protection against automated entries and attacks.

5.1.5 Google Tag Manager

On our website we use the tool Google Tag Manager. Google Tag Manager is provided by Google Ireland Limited in Ireland. Through this tool, website tags can be managed via an interface. Google Tag Manager only implements tags, but no cookies are used, and no personal data is collected. Google Tag Manager triggers other tags, which in turn may collect data, but Google Tag Manager does not access this data.

5.2 Optional Non-Essential Cookies

5.2.1 Web Analytics (Google Analytics)

We use the web analytics service Google Analytics with IP anonymization. Google Analytics is a web analytics service provided by Google Ireland Limited (“Google”).

JavaScript tags allow us to collect information about your use of the website and the Platform. Google Analytics also regularly uses cookies to collect information about a user’s interactions with the website or Platform.

Within the scope of the use of Google Analytics, your IP address and information about the use of the website or Platform, browser type and version, operating system used, the previously visited page and the time of the server request are transferred to Google servers and processed there.

Within the scope of IP anonymization, the collected IP addresses of users within the European Economic Area are shortened before being transmitted to the USA. Only in exceptional cases, in the event of technical malfunctions in Europe, will the unabbreviated IP address be transmitted to Google in the USA and shortened there. The transmitted IP addresses are not merged with other data from Google.

Google will act for us as a processor on the basis of a data processing agreement pursuant to Art. 28 GDPR.

This may involve the transfer of personal data to a third country (outside of the EU/EEA). Unless an adequacy decision pursuant to Art. 45 GDPR exists for the third country, we ensure that appropriate safeguards pursuant to Art. 46 GDPR are provided for this transfer. We will provide you with proof of the appropriate safeguards at any time upon request.

The legal basis for this data processing is your express consent pursuant to Art. 6 (1) lit. a) GDPR.

5.2.2 Tracking Pixel

Tracking pixels from various providers are used on our website to track website usage and the actions of website visitors for the purpose of conversion tracking. Tracking pixels from the following providers may be used: LinkedIn, Bing, Meta, Google Ads, Outbrain, Pinterest, Snapchat, Taboola, TikTok, Twitter, Yahoo Native (Gemini).

Tracking pixels are a code snippet that allows us to track the actions of website visitors, which further allows us to personalize and improve our advertisements and measure their success. This allows us to evaluate our website for statistical and market research purposes and optimize advertising campaigns.

The data collected via the tracking pixels may be used by the providers of the respective pixels for their own tracking and advertising purposes. For further details, please refer to the privacy statements of the providers of the respective pixels.

If you are a member of a social media platform of one of the providers of the tracking pixels and have allowed the respective provider to do so via the settings of your user account with the social media network, the provider of the social media network or the tracking pixel may link the information collected about your visit to our website to your user account with the respective social media network and use it for the targeted placement of advertisements.

We can also measure the effectiveness of advertisements on the respective social media networks and see whether a user was redirected to our website via such ads (conversion measurement).

The integration of such tracking pixels may result in the transfer of personal data to a third country (outside of the EU/EEA). Unless an adequacy decision pursuant to Art. 45 GDPR exists for the third country, we ensure that appropriate safeguards pursuant to Art. 46 GDPR are provided for this transfer. We will provide you with proof of the appropriate safeguards at any time upon request.

The legal basis for this data processing is your express consent pursuant to Art. 6 (1) a) DSGVO.

6. SOCIAL MEDIA

6.1 Social Media Buttons

Social media buttons of various social media networks (e.g. Linkedin, Instagram, Twitter and Facebook) are integrated on our website.

If you click on one of these social media buttons, you will be redirected to our pages on the respective social media network. In this case, the provider of the respective social media network receives the information that your browser has accessed the corresponding page of our website, even if you do not have a profile with the respective social media network or are not logged in there. This information (including your IP address) is transmitted by your browser directly to a server of the respective provider. If you click on a social media button and are either logged in to the respective social media network or then log in to the page of the respective social media network, the transmitted information can be assigned to your account with the social media network.

For information on the purpose and scope of data collection and processing by the providers of the respective social media network, the provider identification, a contact option and your rights and setting options for data protection, please refer to the respective privacy policy of the providers of the social media networks.The legal basis for the integration and use of social media buttons is Art. 6 (1) lit. f) GDPR. Our overriding legitimate interest is the marketing of our offers and our website.

6.2 Social Media Pages

We maintain a publicly accessible profile on various social media networks (e.g. Linkedin, Instagram, Twitter and Facebook).

If you visit our social media pages and are logged in to the respective social media network, the provider of the respective social media network can analyze your usage behavior and assign the information collected to your account with the social media network and enrich it there. Even if you are not logged in or if you do not have an account with the respective social media network, personal data may be collected by the provider of the respective social media network, for example your IP address or data collected via a cookie.

The operators of the social media networks can use this data to create user profiles. Based on your user profile, you can then be shown interest-based advertisements both on the websites of the social media network and on other websites.

If you visit one of our social media pages, we are jointly responsible with the provider of the social media network for the collection and processing of your personal data that takes place there. For information on the collection and processing of your personal data that takes place there, we refer you to the privacy policy of the respective social media network.

You can assert your data subject rights in accordance with Chapter III. of the GDPR (right to information, correction, deletion, restriction of processing, data portability, etc.) both against us and against the provider of the respective social media network. In this context, we would like to point out that we can only influence the processing of personal data and the implementation of data subject rights within the framework of our social media pages within the scope of the possibilities made available to us by the respective provider.

The legal basis for our use of social media pages is Art. 6 (1) lit. f) GDPR. Our overriding legitimate interest is the presence and marketing of our products and services on the Internet.

7. JOB APPLICATIONS

7.1 Active Sourcing

We perform so-called active sourcing measures to identify promising potential employees on the external labor market and actively contact potential applicants and employees. The purpose of the data processing is recruitment, e.g. by individually referring promising candidates to job offers of our company.

In active sourcing, we collect the following categories of data: Last name, first name, gender, contact data, education, work experience, qualifications, salary data, application data, extra-occupational experience and interests, and other information derived from public profiles on social networks, in particular LinkedIn and Xing, and/or from other publicly accessible sources on the Internet.

All personal data processed in the context of active sourcing is collected from publicly accessible sources from the Internet, in particular from social networks such as LinkedIn and Xing.

The legal basis for the collection and processing of publicly available data in the context of active sourcing is our legitimate interest pursuant to Art. 6 (1) lit. f) GDPR. Our overriding legitimate interest is the identification, contacting and hiring of the best possible employees for our company.

7.2 Application Process

We collect and process personal data of applicants for the purpose of performing the application process.

If we conclude an employment contract with an applicant, the data transmitted will be processed in order to carry out the employment relationship in compliance with the statutory provisions.

If no employment contract is concluded with the applicant, the application documents will be deleted immediately after completion of the application procedure, provided that deletion does not conflict with any overriding legitimate interest, such as the defence of claims or a preservation of evidence function according to the General Equal Treatment Act (Allgemeines Gleichbehandlungsgesetz – AGG).

The legal basis for this storage and processing is the performance of the contract or the implementation of pre-contractual measures pursuant to Art. 6 (1) lit. b) GDPR, in Germany § 26 BDSG.

7.3 Talent Pool

If the applicant has consented to a longer storage of his/her data, we will store the data submitted as part of the application in our talent pool for a further 2 years after the end of the application process in order to identify future positions of potential interest to the applicant and, if necessary, contact the applicant in this regard. After this period, the data will be deleted.

Such consent to the storage of application data in our talent pool can be withdrawn at any time for the future. To do so, please send us an email to the contact details provided above.

The legal basis for the storage of application documents in our talent pool is, if applicable, the applicant’s consent pursuant to Art. 6 (1) lit. a) GDPR.

7.4 Compliance/Sanctions Screening

Applicants who are shortlisted during the application process may be subject to an initial compliance check. The compliance check involves a comparison of the applicant’s name and address with relevant sanctions lists, in particular based on the EU anti-terrorism regulations.

To perform the compliance/sanctions list screening, we use an external service provider as a data processor based on a data processing agreement pursuant to Art. 28 GDPR.

The legal basis for this storage and processing, if there is a legal obligation to perform compliance/sanctions list screening, is Art. 6 (1) lit. c) GDPR. In individual cases, depending on a balancing of interests, a compliance/sanctions list screening may also take place if there is no mandatory legal obligation. In this case, the legal basis is our legitimate interest pursuant to Art. 6 (1) lit. f) GDPR in avoiding potential sanctions by foreign authorities.

8. VIDEO CONFERENCES AND WEBINARS

If you participate in a video conference, webinar or online meeting etc. organized by us. (hereinafter “video conferences”) organized by us, we process your personal data in the course of your participation.

When you participate in a video conference, various categories of data are processed. The scope of the data also depends on the data you provide before or during participation in a video conference.

If you participate in a video conference organized by us, you usually have to provide at least a name when registering. However, you can also use a pseudonym. Your IP address will also be processed to enable your participation and login information and device/hardware information will be stored. Your email address and profile picture will also be processed, if provided. If you dial in by phone, your phone number and IP address, if any, will be processed.

To enable participation in the video conference, data from your terminal’s microphone and any terminal video camera and, if you share your screen, information from this “screenshare” is processed. You can switch off or mute the camera or microphone yourself at any time. You always decide yourself whether and which parts of your screen are shared.

Audio and video recordings of the video conference can be made. In this case, MP4 files of all video, audio and presentation recordings are processed. There will always be an indication of the recording if one is made and, if necessary, the explicit consent of the participants to the recording will always be obtained.

You may have the opportunity to use the chat, question or survey functions in a video conference. In this respect, the text entries you make are processed in order to display them in the video conference and, if necessary, to record them.

Insofar as personal data of our employees is processed, § 26 BDSG (German Federal Data Protection Act) is the legal basis for data processing, insofar as German law is applicable to the processing of employee data.

If German law is not applicable to the processing of employee data or if, in connection with participation in video conferences, the processing of personal data is not necessary for the establishment, implementation or termination of the employment relationship, but is nevertheless an elementary component of participation in a video conference, our overriding legitimate interest pursuant to Art. 6 (1) lit. f) GDPR is the legal basis for the data processing. In these cases, our overriding legitimate interest is in the effective implementation of video conferences.

Furthermore, the legal basis for data processing when conducting video conferences is Art. 6 (1) lit. b) GDPR, insofar as the meetings are conducted in the context of contractual relationships or with a view to initiating a contractual relationship (for example, in the case of video conferences with our clients in the context of the implementation of a project or participation in a webinar).

Furthermore, the legal basis for data processing in the context of your participation in a video conference organized by us is our legitimate interest pursuant to Art. 6 (1) lit. f) GDPR. Our legitimate interest in these cases is the effective implementation of video conferences.

We use one or more service providers as data processors for the implementation of video conferences on the basis of a data processing agreement pursuant to Art. 28 GDPR.

Personal data may be transferred to a third country (outside the EU or the EEA). If there is no adequacy decision pursuant to Art. 45 GDPR for the third country, we ensure that appropriate safeguards are provided for this transfer pursuant to Art. 46 GDPR. We will be happy to provide you with proof of the appropriate safeguards at any time upon request.

9. MERGERS AND ACQUISITIONS (M&A)

If we are involved in a restructuring, acquisition, asset sale, merger, financing, transfer of services to another provider, due diligence, insolvency or receivership, your personal data may be transferred to third parties to the extent legally permitted in connection with and as part of the relevant legal process, subject to the basic principles of data protection law.

10. AGE RESTRICTION

This website is not intended or designed for use by children under the age of 16. We do not knowingly collect personally identifiable information from or about anyone under the age of 16.

11. RECIPIENTS OF DATA

Within our company, those internal departments or organisational units receive your data which they need to fulfil their tasks, to fulfil contracts with you if necessary, for data processing with your consent or to safeguard our overriding legitimate interests.

Data will only be passed on to third parties within the framework of legal requirements. We will only pass on your data to third parties if, for example, this is necessary for contractual purposes on the basis of Art. 6 (1) lit. b) GDPR or to safeguard our overriding legitimate interest pursuant to Art. 6 (1) lit. f) GDPR in the effective conduct of our business operations.

Insofar as we use service providers within the framework of the provision of the website and/or Platform or other services, we take appropriate legal precautions as well as appropriate technical and organisational measures to ensure the protection of your personal data.

12. YOUR RIGHTS

You have the rights explained below with regard to the personal data processed by us concerning you:

12.1 Right of Access

You can request information in accordance with Art. 15 GDPR about your personal data that we process.

12.2 Right to Rectification

If the information concerning you is not (or no longer) accurate, you may request a correction in accordance with Art. 16 GDPR. If your data is incomplete, you may request that it be completed.

12.3 Right to Erasure

You may request the erasure of your personal data in accordance with Art. 17 GDPR.

12.4 Right to Restriction of Processing

In accordance with Art. 18 GDPR you have the right to request restriction of processing of your personal data.

12.5 Right to Object to Processing.

You have the right to object at any time on grounds relating to your particular situation to the processing of your personal data which is carried out on the basis of Art. 6 (1) lit. e) or lit. f) GDPR in accordance with Art. 21 (1) GDPR. In this case, we will not further process your data unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or if the processing serves to assert and exercise or defend against legal claims (Art. 21 (1) GDPR).

In addition, according to Art. 21 (2) GDPR, you have the right to object at any time to the processing of personal data concerning you for the purposes of direct marketing; this also applies to any profiling, insofar as it is related to such direct marketing.

12.6 Right to Withdraw Consent

Insofar as you have given your consent for processing, you have a right to withdraw your consent pursuant to Art. 7 (3) GDPR.

12.7 Right to Data Portability

You have the right to receive the personal data concerning you that you have provided to us in a structured, common and machine-readable format (“data portability”) as well as the right to have this data transferred to another controller if the conditions of Art. 20 (1) lit. (a) and (b) GDPR are met.

12.8 Exercise of Rights

You can exercise your rights by notifying the above contact details for the data controller or the data protection officer.

12.9 Right to Complain to the Data Protection Authorities

If you believe that our processing of your personal data violates data protection law, you also have the right to complain to a data protection supervisory authority of your choice pursuant to Article 77 of the GDPR.

13. COMPULSORY DATA AND PROFILING

The provision of personal data is neither required by law nor by contract, and you are not obliged to provide personal data, although the provision of personal information is required for the conclusion of a contract to the extent that certain details are required in order to conclude (and perform) a contract.

We do not perform automated decision making, including profiling.

14. RETENTION AND DELETION

We adhere to the principles of data avoidance and data economy and only store your personal data for as long as is necessary to achieve the respective purpose of the data processing purposes or as stipulated by the storage periods provided by law.

If the purpose of storage no longer applies or if a storage period provided for by law expires, the personal data will be routinely anonymized or deleted in accordance with the statutory provisions.

15. INFORMATION SECURITY

We take appropriate technical and organizational measures in accordance with the state of the art to ensure a level of protection for the personal data we process that is appropriate to the risk of the respective processing and to protect the data we process against accidental or intentional manipulation, loss, destruction or against access by unauthorized persons.

Our website uses SSL encryption for security reasons and to protect the transmission of confidential content, such as orders, inquiries or payment data that you send to us.

Our employees receive regular training on data protection and information security and are committed to confidentiality and data protection.

A restrictive rights and roles concept on a “need to know” basis ensures that employees only have access to the personal data they absolutely need to perform their duties.

16. AMENDMENT OF THIS PRIVACY POLICY

We reserve the right to amend this Privacy Policy from time to time so that it always complies with current legal requirements and/or in order to implement changes to our services in the Privacy Policy, e.g. when introducing new services. When visiting the website or using our services, the current privacy policy always applies.