data protection

Data protection



Introduction

With the following data protection declaration we would like to inform you about which types of your personal data (hereinafter also referred to as "data") we process, for what purposes and to what extent. The data protection declaration applies to all processing of personal data carried out by us, both within the framework of the provision of our services and in particular on our websites, in mobile applications and within external online presences, such as our social media profiles (hereinafter collectively referred to as “online offering”).

The terms used are not gender specific.

As of: January 19, 2022


Table of contents

Responsible person


John Fiedler
Memeler Str. 5
25335 Elmshorn

Persons authorized to represent:

John Fiedler


E-mail address:

business@fitinsneueleben.de


Overview of processing


The following overview summarizes the types of data processed and the purposes of their processing and refers to the data subjects.


Types of data processed

  • Inventory data.
  • Payment details.
  • Contact details.
  • Content data.
  • Contract data.
  • Usage Data.
  • Meta/communication data.

Special Categories of Data


  • Health data.

Categories of data subjects


  • Customers.
  • Interested persons.
  • Communication partner.
  • User.
  • Business and contractual partners.

Purposes of processing


  • Provision of contractual services and customer service.
  • Contact inquiries and communication.
  • Direct marketing.
  • Office and organizational procedures.
  • Managing and responding to inquiries.
  • Feedback.
  • Marketing.
  • Provision of our online offering and user-friendliness.

Relevant legal bases


Below you will find an overview of the legal basis of the GDPR on the basis of which we process personal data. Please note that in addition to the regulations of the GDPR, national data protection regulations may apply in your or our country of residence or domicile. If more specific legal bases apply in individual cases, we will inform you of these in the data protection declaration.

  • Consent (Art. 6 Para. 1 S. 1 lit. a. GDPR) - The data subject has given his or her consent to the processing of personal data concerning him or her for a specific purpose or several specific purposes.
  • Fulfillment of a contract and pre-contractual inquiries (Art. 6 para. 1 sentence 1 lit. b. GDPR) - Processing is necessary for the performance of a contract to which the data subject is a party or to carry out pre-contractual measures at the request of the data subject take place.
  • Legal obligation (Art. 6 Para. 1 S. 1 lit. c. GDPR) - Processing is necessary to fulfill a legal obligation to which the controller is subject.
  • Legitimate interests (Art. 6 Para. 1 S. 1 lit. f. GDPR) - Processing is necessary to safeguard the legitimate interests of the controller or a third party, unless the interests or fundamental rights and freedoms of the data subject are infringing on the protection of personal data Data requirements predominate.

In addition to the data protection regulations of the General Data Protection Regulation, national data protection regulations apply in Germany. This includes in particular the law to protect against misuse of personal data during data processing (Federal Data Protection Act – BDSG). In particular, the BDSG contains special regulations on the right to information, the right to deletion, the right to object, the processing of special categories of personal data, processing for other purposes and transmission and automated decision-making in individual cases, including profiling. Furthermore, it regulates data processing for the purposes of the employment relationship (Section 26 BDSG), in particular with regard to the establishment, implementation or termination of employment relationships and the consent of employees. Furthermore, state data protection laws of the individual federal states may apply.


Safety measures


We take appropriate technical and organizational measures in accordance with the legal requirements, taking into account the state of the art, the implementation costs and the type, scope, circumstances and purposes of the processing as well as the different probabilities of occurrence and the extent of the threat to the rights and freedoms of natural persons to ensure a level of protection appropriate to the risk.

The measures include, in particular, ensuring the confidentiality, integrity and availability of data by controlling physical and electronic access to the data as well as the access, input, disclosure, ensuring availability and its separation. We have also set up procedures to ensure that the rights of those affected are exercised, data are deleted and responses are made to data threats. We also take the protection of personal data into account when developing or selecting hardware, software and procedures in accordance with the principle of data protection, through technology design and through data protection-friendly default settings.


Transfer of personal data


As part of our processing of personal data, the data may be transmitted to or disclosed to other bodies, companies, legally independent organizational units or persons. The recipients of this data may include, for example, service providers commissioned with IT tasks or providers of services and content that are integrated into a website. In such cases, we observe the legal requirements and, in particular, conclude appropriate contracts or agreements with the recipients of your data that serve to protect your data.


Data processing in third countries


If we process data in a third country (i.e. outside the European Union (EU), the European Economic Area (EEA)) or the processing in the context of using third-party services or disclosing or transferring data to other people, bodies or companies takes place, this only takes place in accordance with the legal requirements.

Subject to express consent or contractually or legally required transfer, we only process or have the data processed in third countries with a recognized level of data protection, contractual obligations through so-called standard protection clauses of the EU Commission, if certifications or binding internal data protection regulations exist (Articles 44 to 49 GDPR, EU Commission information page: https://ec.europa.eu/info/law/law-topic/data-protection/international-dimension-data-protection_de ).


Deletion of data


The data processed by us will be deleted in accordance with the legal requirements as soon as the consent for processing is revoked or other permissions no longer apply (e.g. if the purpose of processing this data no longer applies or it is not necessary for the purpose).

Unless the data is deleted because it is required for other legally permissible purposes, its processing will be limited to these purposes. This means that the data is blocked and not processed for other purposes. This applies, for example, to data that must be stored for commercial or tax reasons or whose storage is necessary to assert, exercise or defend legal claims or to protect the rights of another natural or legal person.

Our data protection information may also contain further information on the storage and deletion of data, which applies primarily to the respective processing.


Use of cookies


Cookies are small text files or other storage notes that store information on end devices and read information from the end devices. E.g. to save the login status in a user account, the contents of a shopping cart in an e-shop, the content accessed or functions used in an online offer. Cookies can also be used for various purposes, such as the functionality, security and convenience of online offerings and the creation of analyzes of visitor flows.

Information on consent: We use cookies in accordance with legal regulations. We therefore obtain prior consent from users, unless this is not required by law. In particular, consent is not necessary if the storage and reading of the information, including cookies, is absolutely necessary in order to provide users with a telemedia service they have expressly requested (i.e. our online offering). The revocable consent is clearly communicated to the users and contains information on the respective cookie use.

Notes on data protection legal bases: The data protection legal basis on which we process users' personal data using cookies depends on whether we ask users for consent. If users consent, the legal basis for processing your data is their declared consent. Otherwise, the data processed using cookies will be processed on the basis of our legitimate interests (e.g. in the commercial operation of our online offering and improving its usability) or, if this is within the scope of fulfilling our contractual obligations, if the use of cookies is necessary for our purposes to fulfill contractual obligations. We will explain the purposes for which we process cookies in the course of this data protection declaration or as part of our consent and processing processes.

Storage period: With regard to the storage period, a distinction is made between the following types of cookies:

General information on revocation and objection (opt-out): Users can revoke the consent they have given at any time and can also object to the processing in accordance with the legal requirements in Art. 21 GDPR (further information on objection can be found in the context of this data protection declaration). Users can also declare their objection using their browser settings.

Further information on processing processes, procedures and services:

Business benefits


We process data from our contractual and business partners, e.g. customers and interested parties (collectively referred to as “contractual partners”) within the framework of contractual and comparable legal relationships as well as associated measures and as part of communication with the contractual partners (or pre-contractual), e.g. to respond to inquiries answer.

We process this data to fulfill our contractual obligations. This includes, in particular, the obligations to provide the agreed services, any update obligations and remedies in the event of warranty and other service disruptions. In addition, we process the data to protect our rights and for the purposes of the administrative tasks associated with these obligations and the company organization. In addition, we process the data on the basis of our legitimate interests in proper and business management as well as security measures to protect our contractual partners and our business operations from misuse and jeopardy of their data, secrets, information and rights (e.g. for the participation of telecommunications, transport and other auxiliary services as well as subcontractors, banks, tax and legal advisors, payment service providers or tax authorities). Within the scope of applicable law, we only pass on the data of contractual partners to third parties to the extent that this is necessary for the aforementioned purposes or to fulfill legal obligations. The contractual partners will be informed about other forms of processing, e.g. for marketing purposes, within the framework of this data protection declaration.

We inform the contractual partners which data is required for the aforementioned purposes before or as part of the data collection, e.g. in online forms, through special marking (e.g. colors) or symbols (e.g. asterisks, etc.), or in person.

We delete the data after the expiry of statutory warranty and comparable obligations, ie, in principle after 4 years, unless the data is stored in a customer account, for example as long as it must be retained for legal archiving reasons (e.g. for Tax purposes usually 10 years). We delete data that was disclosed to us by the contractual partner as part of an order in accordance with the specifications of the order, generally after the end of the order.

To the extent that we use third-party providers or platforms to provide our services, the terms and conditions and data protection notices of the respective third-party providers or platforms apply in the relationship between the users and the providers.

Therapeutic services


We process the data of our clients as well as interested parties and other clients or contractual partners (uniformly referred to as “clients”) in order to be able to provide our services to them. The data processed, the type, scope, purpose and necessity of their processing are determined according to the underlying contract and client relationship.

As part of our work, we may also collect special categories of data, in particular information on the health of clients, possibly with reference to their sex life or sexual orientation, as well as data revealing racial and ethnic origin, political opinions, religious or ideological beliefs or union affiliation. To do this, if necessary, we obtain express consent from the clients and otherwise process the special categories of data if this serves the health of the clients, the data is public or other legal permissions exist.

If it is necessary for the fulfillment of our contract, to protect vital interests or by law, or if the client has given their consent, we disclose or transmit the client's data to third parties or agents, such as authorities, medical institutions, laboratories, in compliance with professional regulations. Billing offices as well as in the areas of IT, office or comparable services.

Payment procedure


As part of contractual and other legal relationships, due to legal obligations or otherwise based on our legitimate interests, we offer the data subjects efficient and secure payment options and use other service providers in addition to banks and credit institutions (collectively "payment service providers").

The data processed by the payment service providers includes inventory data, such as name and address, bank details, such as account numbers or credit card numbers, passwords, TANs and checksums, as well as contract, total and recipient-related information. The information is required to carry out the transactions. However, the data entered will only be processed and stored by the payment service providers. This means that we do not receive any account or credit card-related information, but only information with confirmation or negative information about the payment. Under certain circumstances, the data may be transmitted by the payment service provider to credit reporting agencies. The purpose of this transmission is to check identity and creditworthiness. For this purpose, we refer to the general terms and conditions and data protection information of the payment service providers.

The terms and conditions and data protection information of the respective payment service providers apply to payment transactions, which can be accessed on the respective websites or transaction applications. We also refer to these for further information and to assert cancellation, information and other rights of those affected.

Further information on processing processes, procedures and services:

Provision of online offerings and web hosting


In order to be able to provide our online offering securely and efficiently, we use the services of one or more web hosting providers from whose servers (or servers managed by them) the online offering can be accessed. For these purposes, we may use infrastructure and platform services, computing capacity, storage space and database services as well as security and technical maintenance services.

The data processed as part of the provision of the hosting offer may include all information relating to the users of our online offer that arises in the context of use and communication. This regularly includes the IP address, which is necessary to be able to deliver the content of online offerings to browsers, and all entries made within our online offering or on websites.

Further information on processing processes, procedures and services:

    • Contact and inquiry management


  • When you contact us (e.g. via contact form, email, telephone or via social media) as well as within the framework of existing user and business relationships, the information provided by the inquiring person is processed to the extent that this is necessary to answer the contact request and any requested measures.

  • Answering contact inquiries and managing contact and inquiry data within the framework of contractual or pre-contractual relationships is carried out to fulfill our contractual obligations or to answer (pre-)contractual inquiries and otherwise on the basis of the legitimate interests in answering the inquiries and maintaining them User or business relationships.

  • Further information on processing processes, procedures and services:

    • Advertising communication via email, post, fax or telephone


  • We process personal data for the purposes of advertising communication, which can take place via various channels, such as email, telephone, post or fax, in accordance with legal requirements.

  • The recipients have the right to revoke their consent at any time or to object to the advertising communication at any time.

  • After revocation or objection, we can store the data required to prove consent for up to three years based on our legitimate interests before deleting it. The processing of this data is limited to the purpose of possible defense against claims. An individual request for deletion is possible at any time, provided that the previous existence of consent is confirmed at the same time.

    • Presences in social networks (social media)


  • We maintain online presences within social networks and process user data in this context in order to communicate with active users there or to offer information about us.

  • We would like to point out that user data may be processed outside the European Union. This can result in risks for users because, for example, it could make it more difficult to enforce users' rights.

  • Furthermore, user data within social networks is usually processed for market research and advertising purposes. For example, usage profiles can be created based on usage behavior and the resulting interests of users. The usage profiles can in turn be used, for example, to place advertisements within and outside the networks that presumably correspond to the interests of the users. For these purposes, cookies are usually stored on the users' computers, in which the usage behavior and interests of the users are stored. Furthermore, data can also be stored in the usage profiles regardless of the devices used by the users (particularly if the users are members of the respective platforms and are logged in to them).

  • For a detailed description of the respective forms of processing and the options for objection (opt-out), we refer to the data protection declarations and information provided by the operators of the respective networks.

  • In the case of requests for information and the assertion of the rights of those affected, we would also like to point out that these can most effectively be asserted with the providers. Only the providers have access to user data and can take appropriate measures and provide information directly. If you still need help, you can contact us.

  • Further information on processing processes, procedures and services:

    • Plugins and embedded functions and content


  • We include functional and content elements in our online offering that are obtained from the servers of their respective providers (hereinafter referred to as “third-party providers”). These can be, for example, graphics, videos or city maps (hereinafter referred to as “content” ).

  • The integration always requires that the third party providers of this content process the users' IP address, as without the IP address they would not be able to send the content to their browser. The IP address is therefore required to display this content or functions. We strive to only use content whose respective providers only use the IP address to deliver the content. Third parties may also use so-called pixel tags (invisible graphics, also known as “web beacons”) for statistical or marketing purposes. The “pixel tags” can be used to evaluate information such as visitor traffic on the pages of this website. The pseudonymous information can also be stored in cookies on the user's device and may contain, among other things, technical information about the browser and operating system, referring websites, time of visit and other information about the use of our online offering, as well as being linked to such information from other sources.

  • Notes on legal bases: If we ask users for their consent to the use of third-party providers, the legal basis for processing data is consent. Otherwise, user data will be processed based on our legitimate interests (ie interest in efficient, economical and recipient-friendly services). In this context, we would also like to draw your attention to the information on the use of cookies in this data protection declaration.

  • Further information on processing processes, procedures and services:

    • Changes and updates to the data protection declaration


  • We ask you to regularly inform yourself about the content of our data protection declaration. We will adapt the data protection declaration as soon as changes to the data processing we carry out make this necessary. We will inform you as soon as the changes require your cooperation (e.g. consent) or other individual notification.

  • If we provide addresses and contact information for companies and organizations in this data protection declaration, please note that the addresses may change over time and ask you to check the information before contacting us.


    • Rights of data subjects


  • As a data subject, you are entitled to various rights under the GDPR, which arise in particular from Articles 15 to 21 GDPR:

    • Definitions of terms


  • This section provides an overview of the terms used in this data protection declaration. Many of the terms are taken from the law and are defined primarily in Article 4 GDPR. The legal definitions are binding. The following explanations, on the other hand, are intended primarily to provide understanding. The terms are sorted alphabetically.

    • Personal data: “Personal data” means any information relating to an identified or identifiable natural person (hereinafter “data subject”); A natural person is considered 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, location data, an online identifier (e.g. cookie) or one or more special features, which are an expression of the physical, physiological, genetic, psychological, economic, cultural or social identity of that natural person.
    • Controller: The “controller” is the natural or legal person, authority, institution or other body that alone or jointly with others decides on the purposes and means of processing personal data.
    • Processing: “Processing” means any operation or series of operations carried out on personal data, whether or not by automated means. The term is wide-ranging and includes practically every handling of data, be it collecting, evaluating, storing, transmitting or deleting.


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