PRIVACY / SECURITY DECLARATION 

SECTION 1 - GDPR

We are very pleased about your interest in our company. Data protection is of particular importance to the management of Fitness and Health - Company GmbH. In general, the use of the websites of Fitness and Health - Company GmbH is possible without any indication of personal data. However, if a certain person wishes to use our company's special services through our website, personal data processing may be required. If the processing of personal data is necessary and if there is no legal basis for such processing, we generally seek the consent of the data subject.

The processing of personal data, such as the name, address, e-mail address or telephone number of a data subject (see Annex A), is always in accordance with the General Data Protection Regulation and in accordance with the country-specific data protection provisions applicable to Fitness and Health - Company GmbH. By means of this privacy declaration, our company wishes to inform the public about the nature, extent and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed of their rights by means of this privacy declaration.

As the controller, Fitness and Health - Company GmbH has implemented numerous technical and organizational measures to ensure the most complete protection possible for processed personal data. Nevertheless, Internet-based data transmissions can generally have security holes, so that absolute protection cannot be guaranteed. For this reason, each data subject is free to submit personal data to us by alternative means, such as by post.

  1. Definitions

The privacy policy of Fitness and Health - Company GmbH is based on the terminology used by the European legislator and regulator in the adoption of the General Data Protection Regulation (DS-GVO).Our privacy policy should be easy to read and understand for the public as well as for our customers and business partners. To ensure this, we would like to explain the terminology used in advance.

Among others, we use the following terms in this privacy policy:

  • a) personal data

Personal data is any information relating to an identified or identifiable natural person (hereinafter the "data subject"). A natural person is considered to be identifiable if the identity of the person can be determined, directly or indirectly, in particular by association with identifying information such as a name, ID number, location data, an online username, or one or more special characteristics that express the physical, physiological , genetic, psychological, economic, cultural or social identity of this natural person.

  • b) data subject

A data subject is any identified or identifiable natural person whose personal data is processed by the controller for data processing.

  • c) processing

Processing means any process or series of operations related to personal data, such as collecting, gathering, organizing, sorting, storing, adapting or modifying, reading, querying, using, disclosure by transmission, dissemination or other form of provision, matching or linking, restriction, erasure or destruction, with or without the aid of automated procedures.

  • d) restriction of processing

Restriction of the processing is the marking of stored personal data with the aim to limit their future processing.

  • e) profiling

Profiling is any kind of automated processing of personal data that consists in using that personal information to evaluate certain personal aspects relating to a natural person, in particular in order to analyze and predict aspects relating to job performance, economic situation, health, personal preferences, interests, reliability, behavior, location or relocation of that natural person.

  • f) pseudonymisation

Pseudonymisation is the processing of personal data in such a way that personal data can no longer be attributed to a specific data subject without adding additional information, provided that such additional information is kept separate and subject to technical and organizational measures to ensure that the personal data are not assigned to an identified or identifiable natural person.

  • controller

The controller is the natural or legal person, public authority, institution or other entity that, alone or in concert with others, decides on the purposes and means of processing personal data. Where the purposes and means of such processing are determined by Union law or the law of the Member States, the controller or the specific criteria for his designation may be provided for under Union or national law.

  • h) processor

The processor is a natural or legal person, public authority, agency or other body that processes personal data on behalf of the controller.

  • i) recipient

The recipient is a natural or legal person, public authority, agency or any other body to whom data are disclosed, whether a third party or not. However, authorities which may receive personal data in connection with a particular investigative mission under Union or national law are not considered as recipients.

  • j) third party

Third party is any natural or legal person, public authority, agency or any other body other than the data subject, the controller, the processor and the persons who, under the direct authority of the controller or the processor, are authorized to process the data.

  • k) consent

Consent is any freely given specific and informed indication of wishes expressed for the present case, in an informed fashion and unambiguously in the form of a statement or other unambiguous confirmatory act by which the data subject indicates that they consent to the processing of the personal data concerning him / her.

  1. Name and address of the controller

The controller within the meaning of the General Data Protection Regulation, other data protection laws in the Member States of the European Union and other provisions for data protection is:

 

Fitness and Health - Company GmbH

Eduard-Bodem-Gasse 3

6020 Innsbruck

Austria

0043 512 31 23 45 18

gdpr@jelly-devote.com

www.jelly-devote.com

 

  1. Collection of general data and information

The website of Fitness and Health - Company GmbH collects a series of general data and information each time the website is accessed by a data subject or an automated system. This general data and information is stored in the log files of the server. The (1) browser types and versions used, (2) the operating system used by the accessing system, (3) the internet page from which an accessing system accesses our website (so-called referrers), (4) the sub-web sites which are accessed via an accessing system on our website, (5) the date and time of access to the website, (6) an Internet Protocol address (IP address), (7) the Internet service provider of the accessing system and (8) other similar data and information used to prevent harm in the event of attacks on our information technology systems may be collected.

Google Analytics

This website uses Google Analytics, a web analytics service provided by Google Inc. ("Google"). Google Analytics uses so-called "cookies", which are text files saved to your computer to analyze your website use. The information generated by the cookie about your use of this website is usually transmitted to a Google server in the USA and stored there. In case IP anonymization is being activated for this website, your IP address will be shortened by Google within Member States of the European Union or other states in agreement with the European Economic Area. Only in exceptional cases, the full IP address is sent to and shortened by a Google server in the USA. On behalf of the operator of the website, Google will use this information to evaluate your use of the website, compile reports on website activity and to provide further services related to website and internet use to the site operator. The IP address transferred through your browser to Google Analytics will not be combined with other data held by Google. You can prevent the storage of cookies by a corresponding setting of your browser software; however, please note that if you do this, you may not be able to use all the features of this website to the fullest extent possible. In addition, you may prevent the collection of the data generated by the cookie and related to your use of the website (including your IP address) by Google as well as the processing of this data by Google by downloading and installing the browser plug-in available under the following link: http://tools.google.com/dlpage/gaoptout?hl=en

You can prevent the collection by Google Analytics by clicking on the following link.
An opt-out cookie will be set which prevents the future collection of your data when visiting this website.

For more information about Terms of Use and Privacy, please see the Google Analytics Terms or the Google Analytics Overview. Please be aware that this website uses Google Analytics with the extension code "gat._anonymizeIp();" in order to guarantee an anonymous collection of IP addresses (so called IP-Masking).

Use of Facebook components

This website uses components of the provider facebook.com. Facebook is a service of facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA.
Each time you visit our website, which is equipped with such a component, this component causes the browser you are using to download a corresponding representation of the component from facebook .Through this process, facebook is informed about which specific page of our website is currently being visited by you.
If you visit our page and you are logged into facebook, facebook recognizes through the information collected by the component which specific page you are visiting and assigns this information to your personal account on facebook. For example, if you click the "Like" button or if you make comments, this information will be transmitted to your personal account on facebook and stored there. In addition, the information that you have visited our site will be forwarded to facebook. This happens regardless of whether you click the component or not.
If you want to prevent this transmission and storage of data about you and your behavior on our website through facebook, you must log out of facebook before you visit our site. The data protection information provided by facebook provides more detailed information, in particular on the collection and use of data by facebook, about your rights in this regard as well as the setting options for protecting your privacy: https://www.facebook.com/about/privacy/
In addition, external tools are available on the market to block Facebook social plug-ins with add-ons for all major browsers http://webgraph.com/resources/facebookblocker/
An overview of the Facebook plugins can be found at https://developers.facebook.com/docs/plugins/

Use of Twitter Referral Components

Our website employs components provided by Twitter. Twitter is a service of Twitter Inc., 795 Folsom St., Suite 600, San Francisco, CA 94107, United States.

Each time you visit our website, which has such a component, this component causes the browser you are using to download a corresponding representation of the component of Twitter. Through this process, Twitter is informed about which specific page of our website is currently being visited.
We have no control over the information that Twitter collects here, nor about the amount of data collected by Twitter. To our knowledge, Twitter collects the URL of the accessed website and the user's IP address, but this information is not used for purposes other than the presentation of the Twitter component. Further information can be found in the privacy policy of Twitter at http://twitter.com/privacy .

You can change your privacy settings in the Account Settings at http://twitter.com/account/settings .

 

 

When using this general data and information, Fitness and Health - Company GmbH does not draw conclusions about the data subject. Rather, this information is required to (1) correctly deliver the contents of our website, (2) optimize the content of our website and advertisements for the website, (3) to ensure the continued functioning of our information technology systems and the technology of our website, and ( 4) to provide law enforcement authorities with the information necessary for law enforcement in the event of a cyberattack. This anonymously collected data and information is therefore evaluated by Fitness and Health - Company GmbH both statistically and with the aim of increasing data protection and data security in our company in order to ultimately ensure the best possible level of protection for the personal data we process. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.

  1. Routine erasure and blocking of personal data

The controller shall process and store the personal data of the data subject only for the period necessary to achieve the purpose of storage, or as far as this is granted by the European legislator or other legislators in laws or regulations which the controller is subject to.

If the storage purpose is not applicable, or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data are routinely blocked or erased in accordance with legal requirements.

  1. Rights of the data subject
  • a) Right of confirmation

Each data subject shall have the right granted by the European legislator to obtain from the controller the confirmation as to whether or not personal data concerning him or her are being processed. If a data subject wishes to make use of this confirmation right, they can contact our data protection officer or another employee of the controller at any time.

  • b) Right of information

Any person concerned by the processing of personal data shall have the right, granted by the European legislator, to obtain information on the personal data stored about them and a copy of that information from the data controller free of charge at any time. Furthermore, the European legislator and regulator has provided the data subject with the following information:

  • the processing purposes
  • the categories of personal data being processed
  • the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations
  • where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period
  • the existence of the right to request from the controller rectification or erasure of personal data, or restriction of processing of personal data concerning the data subject, or to object to such processing
  • the existence of the right to lodge a complaint with a supervisory authority
  • where the personal data are not collected from the data subject, any available information as to their source
  • the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject

Furthermore, the data subject shall have a right to obtain information as to whether personal data are transferred to a third country or to an international organisation. Where this is the case, the data subject shall have the right to be informed of the appropriate safeguards relating to the transfer.

If a data subject wishes to make use of this confirmation right, they can contact our data protection officer or another employee of the controller at any time.

  • c) Right to rectification

Each data subject shall have the right granted by the European legislator to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.

If a data subject wishes to make use of this confirmation right, they can contact our data protection officer or another employee of the controller at any time.

  • d) Right to erasure (Right to be forgotten)

Each data subject shall have the right granted by the European legislator to obtain from the controller the erasure of personal data concerning him or her without undue delay, and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies, as long as the processing is not necessary:

  • The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
  • The data subject withdraws consent to which the processing is based according to point (a) of Article 6(1) of the GDPR, or point (a) of Article 9(2) of the GDPR, and where there is no other legal ground for the processing.
  • The data subject objects to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) of the GDPR.
  • The personal data have been unlawfully processed.
  • The personal data must be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.
  • The personal data have been collected in relation to the offer of information society services referred to in Article 8(1) of the GDPR.

If one of the above reasons applies, and a data subject wishes to request the erasure of personal data stored by Fitness and Health - Company GmbH, they may at any time contact our person in charge. The person in charge at Fitness and Health - Company GmbH will promptly ensure that the erasure request is complied with immediately.

Where the controller has made personal data public and is obliged pursuant to Article 17(1) to erase the personal data, Fitness and Health - Company GmbH, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform other controllers processing the personal data that the data subject has requested erasure by such controllers of any links to, or copy or replication of, those personal data, as far as processing is not required. The person in charge at Fitness and Health - Company GmbH will arrange the necessary measures in individual cases.

  • e) Right of restriction of processing

Each data subject shall have the right granted by the European legislator to obtain from the controller restriction of processing where one of the following applies:

  • The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data.
  • The processing is unlawful and the data subject opposes the erasure of the personal data and requests instead the restriction of their use instead.
  • The controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims.
  • The data subject has objected to processing pursuant to Article 21(1) of the GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.

If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of the processing of personal data stored by the Fitness and Health - Company GmbH, he or she may at any time contact our employee in charge. The person in charge of Fitness and Health - Company GmbH will initiate the restriction of processing.

  • f) Right to data portability

Each data subject shall have the right granted by the European legislator, to receive the personal data concerning him or her, which was provided to a controller, in a structured, commonly used and machine-readable format. He or she shall have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, as long as the processing is based on consent pursuant to point (a) of Article 6(1) of the GDPR or point (a) of Article 9(2) of the GDPR, or on a contract pursuant to point (b) of Article 6(1) of the GDPR, and the processing is carried out by automated means, as long as the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

Furthermore, in exercising his or her right to data portability pursuant to Article 20(1) of the GDPR, the data subject shall have the right to have personal data transmitted directly from one controller to another, where technically feasible and when doing so does not adversely affect the rights and freedoms of others.

In order to assert the right to data portability, the data subject may at any time contact the person in charge at Fitness and Health - Company GmbH.

  • g) Right to object

Each data subject shall have the right granted by the European legislator to object, on grounds relating to his or her particular situation, at any time, to processing of personal data concerning him or her, which is based on point (e) or (f) of Article 6(1) of the GDPR. This also applies to profiling based on these provisions .

Fitness and Health - Company GmbH shall no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the establishment, exercise or defence of legal claims.

If Fitness and Health - Company GmbH processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing. This applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to Fitness and Health - Company GmbH to the processing for direct marketing purposes, the Fitness and Health - Company GmbH will no longer process the personal data for these purposes

In order to exercise the right of opposition, the data subject may directly contact the person in charge at Fitness and Health - Company GmbH.In addition, the data subject is free in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to use his or her right to object by automated means using technical specifications.

  • h) Automated individual decision-making, including profiling

Each data subject shall have the right granted by the European legislator not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her, or similarly significantly affects him or her, as long as the decision (1) is not is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) is not authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, or (3) is not based on the data subject’s explicit consent.

If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) it is based on the data subject’s explicit consent, the Fitness and Health - Company GmbH shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and contest the decision.

If the data subject wishes to enforce automated decision-making rights, they may contact our data protection officer or other data controller at any time.

  • i) Right to withdraw data protection consent

Each data subject shall have the right granted by the European legislator to withdraw his or her consent to processing of his or her personal data at any time.

If the data subject wishes to assert their right to withdraw consent, they can contact our person responsible at any time.

  1. Legal basis for the processing

Art. 6(1) lit. a GDPR serves as the legal basis for processing operations for which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is party, as is the case, for example, when processing operations are necessary for the supply of goods or to provide any other service, the processing is based on Article 6(1) lit. b GDPR. The same applies to such processing operations which are necessary for carrying out pre-contractual measures, for example in the case of inquiries concerning our products or services. Is our company subject to a legal obligation by which processing of personal data is required, such as for the fulfillment of tax obligations, the processing is based on Art. 6(1) lit. c GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or of another natural person. This would be the case, for example, if a visitor were injured in our company and his name, age, health insurance data or other vital information would have to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6(1) lit. d GDPR. Finally, processing operations could be based on Article 6(1) lit. f GDPR. This legal basis is used for processing operations which are not covered by any of the abovementioned legal grounds, if processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data. Such processing operations are particularly permissible because they have been specifically mentioned by the European legislator. He considered that a legitimate interest could be assumed if the data subject is a client of the controller (Recital 47 Sentence 2 GDPR).

  1. The legitimate interests in processing pursued by the controller or by a third party

Where the processing of personal data is based on Article 6(1) lit. f GDPR our legitimate interest is to carry out our business in favor of the well-being of all our employees and the shareholders.

  1. Period for which the personal data will be stored

The criteria used to determine the period of storage of personal data is the respective statutory retention period. After expiration of that period, the corresponding data is routinely deleted, as long as it is no longer necessary for the fulfillment of the contract or the initiation of a contract.

  1. Provision of personal data as statutory or contractual requirement; Requirement necessary to enter into a contract; Obligation of the data subject to provide the personal data; possible consequences of failure to provide such data

We clarify that the provision of personal data is partly required by law (e.g. tax regulations) or can also result from contractual provisions (e.g. information on the contractual partner). Sometimes it may be necessary to conclude a contract that the data subject provides us with personal data, which must subsequently be processed by us. The data subject is, for example, obliged to provide us with personal data when our company signs a contract with him or her. The non-provision of the personal data would have the consequence that the contract with the data subject could not be concluded. Before personal data is provided by the data subject, the data subject must contact our employee in charge. Our data protection officer will clarify to the data subject whether the provision of the personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and the consequences of non-provision of the personal data.

  1. Existence of automated decision-making

As a responsible company we refrain from automatic decision-making or profiling.

 

Appendix A

 

Data categories Customer

Consecutive number

Data fields

1

Email address

2

First name

3

Second name

4

Company

5

Street name & house number

6

Apartment number

7

City

8

Postcode

9

Country

10

Region

11

Telephone number

12

Credit card number

13

name on the credit card

14

Expiration date of the credit card

15

CVV code

 

A transmission of the data relevant in the respective individual case takes place on the basis of the legal regulations and / or contractual agreement to the following institutions: 

  • Tax consultants (external);
  • Tax Office
  • Contributing contractual and business partners to fulfill the contract, e.g. shipping/delivery companies, producers;
  • Banks;
  • Payment services (Paypal, Klarna, Sofort)
  • Legal representatives if necessary;
  • Courts if necessary;
  • Administrative authorities if necessary;

 

 

SECTION 2 - SHOPIFY

Our store is hosted on Shopify Inc. Shopify provides us with the online e-commerce platform that allows us to sell our products and services to you.

Your data is stored through Shopify’s data storage, databases and the general Shopify application. Shopify stores your data on a secure server behind a firewall.  



Payment
If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted. All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers. For more insight, you may also want to read Shopify’s Terms of Service (https://www.shopify.com/legal/terms) or Privacy Statement (https://www.shopify.com/legal/privacy).

SECTION 3 - THIRD-PARTY SERVICES

In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.

However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.

For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.

In particular, remember that certain providers may be located in or have facilities that are located a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.

As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act.

Once you leave our store’s website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website’s Terms of Service. 

When you click on links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.

We may publish your personal information if we are legally obliged to do so or if you should violate our terms and conditions.

SECTION 4 - SECURITY

To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.

If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.

 

SECTION 5 - COOKIES

Here is a list of cookies that we use. We’ve listed them here so you that you can choose if you want to opt-out of cookies or not.

_session_id, unique token, sessional, Allows Shopify to store information about your session (referrer, landing page, etc).

_shopify_visit, no data held, Persistent for 30 minutes from the last visit, Used by our website provider’s internal stats tracker to record the number of visits.

_shopify_uniq, no data held, expires midnight (relative to the visitor) of the next day, Counts the number of visits to a store by a single customer.

cart, unique token, persistent for 2 weeks, Stores information about the contents of your cart.

_secure_session_id, unique token, sessional

 

storefront_digest, unique token, indefinite. If the shop has a password, this is used to determine if the current visitor has access.

 

SECTION 6 - AGE OF CONSENT

By using this site you declare that you are at least of age under the legislation of your state or province, where your place of residence is, or that you have the permission of your guardians to use this site. 

 

SECTION 7 - CHANGES TO THIS PRIVACY POLICY 

We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.

 

If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.