Privacy Policy

As of: 19.11.2019

We are very delighted that you have shown interest in our enter­prise. Data protec­tion is of a partic­u­larly high priority for the manage­ment of us. The use of the Internet pages of us is possible without any indi­ca­tion of personal data; however, if a data subject wants to use special enter­prise services via our website, processing of personal data could become neces­sary. If the processing of personal data is neces­sary and there is no statu­tory basis for such processing, we gener­ally obtain consent from the data subject.

The processing of personal data, such as the name, address, e-mail address, or tele­phone number of a data subject shall always be inline with the General Data Protec­tion Regu­la­tion (GDPR), and in accor­dance with the country-specific data protec­tion regu­la­tions applic­able to us. By means of this data protec­tion decla­ra­tion, our enter­prise would­like to inform the general public of the nature, scope, and purpose of the personal data we collect, use and process. Further­more, data subjects are informed, by means of this data protec­tion decla­ra­tion, of the rights to which they are enti­tled.

As the controller, we has imple­mented numerous tech­nical and orga­ni­za­tional measures to ensure the most complete protec­tion of personal data processed through this website. However, Internet-based data trans­mis­sions may in prin­ciple have secu­rity gaps, so absolute protec­tion may not be guar­an­teed. For this reason, every data subject is free to transfer personal data to us via alter­na­tive means, e.g. by tele­phone.

Defi­n­i­tions

The data protec­tion decla­ra­tion us is based on the terms used by the Euro­pean legis­lator for the adop­tion of the General Data Protec­tion Regu­la­tion (GDPR). Our data protec­tion decla­ra­tion should be legible and under­stand­able for the general public, as well as our customers and busi­ness part­ners. To ensure this, we would­like to first explain the termi­nology used.

In this data protec­tion decla­ra­tion, we use, inter alia, the following terms:

• a)    Personal data

  Personal data means any infor­ma­tion relating to an iden­ti­fied or iden­ti­fi­able natural person (“data subject”). An iden­ti­fi­able natural person is one who 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 or to one or more factors specific to the phys­ical, phys­i­o­log­ical, genetic, mental, economic, cultural or social iden­tity of that natural person.

• b) Data subject

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

• c)    Processing

  Processing is any oper­a­tion or set of oper­a­tions which is performed on personal data or on sets of personal data, whether or not by auto­mated means, such as collec­tion, recording, organ­i­sa­tion, struc­turing, storage, adap­ta­tion or alter­ation, retrieval, consul­ta­tion, use, disclo­sure by trans­mis­sion, dissem­i­na­tion or other­wise making avail­able, align­ment or combi­na­tion, restric­tion, erasure or destruc­tion.

• d)    Restric­tion of processing

  Restric­tion of processing is the marking of stored personal data with the aim oflim­iting their processing in the future.

• e)    Profiling

  Profiling means any form of auto­mated processing of personal data consisting of the use of personal data to eval­uate certain personal aspects relating to a natural person, in partic­ular to analyse or predict aspects concerning that natural person's perfor­mance at work, economic situ­a­tion, health, personal pref­er­ences, inter­ests, reli­a­bility, behav­iour, loca­tion or move­ments.

• f)     Pseu­do­nymi­sa­tion

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

• g)    Controller or controller respon­sible for the processing

  Controller or controller respon­sible for the processing is the natural or legal person, public authority, agency or other body which, alone or jointly with others, deter­mines the purposes and means of the processing of personal data; where the purposes and means of such processing are deter­mined by Union or Member State law, the controller or the specific criteria for its nomi­na­tion may be provided for by Union or Member State law.

• h)    Processor

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

• i)      Recip­ient

  Recip­ient is a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public author­i­ties which may receive personal data in the frame­work of a partic­ular inquiry in accor­dance with Union or Member State law shall not be regarded as recip­i­ents; the processing of those data by those public author­i­ties shall be in compli­ance with the applic­able data protec­tion rules according to the purposes of the processing.

• j)      Third party

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

• k)    Consent

  Consent of the data subject is any freely given, specific, informed and unam­biguous indi­ca­tion of the data subject's wishes by which he or she, by a state­ment or by a clear affir­ma­tive action, signi­fies agree­ment to the processing of personal data relating to him or her.

Name and Address of the controller

Controller for the purposes of the General Data Protec­tion Regu­la­tion (GDPR), other data protec­tion laws applic­able in Member states of the Euro­pean Union and other provi­sions related to data protec­tion is:

Blau­mann & Meyer - Sports Tech­nology UG

Marcel Blau­mann

Roseg­gerstr. 14

39108 Magde­burg

Germany

+4939124308267

support@vmaxpro.de

DE306496016

Cookies

The Internet pages of us use cookies. Cookies are text files that are stored in a computer system via an Internet browser.

Many Internet sites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique iden­ti­fier of the cookie. It consists of a char­acter string through which Internet pages and servers can be assigned to the specific Internet browser in which the cookie was stored. This allows visited Internet sites and servers to differ­en­tiate the indi­vidual browser of the dats subject from other Internet browsers that contain other cookies. A specific Internet browser can be recog­nized and iden­ti­fied using the unique cookie ID.

Through the use of cookies, we can provide the users of this website with more user-friendly services that would not be possible without the cookie setting.

By means of a cookie, the infor­ma­tion and offers on our website can be opti­mized with the user in mind. Cookies allow us, as previ­ously mentioned, to recog­nize our website users. The purpose of this recog­ni­tion is to make it easier for users to utilize our website. The website user that uses cookies, e.g. does not have to enter access data each time the website is accessed, because this is taken over by the website, and the cookie is thus stored on the user's computer system. Another example is the cookie of a shop­ping cart in an online shop. The online store remem­bers the arti­cles that a customer has placed in the virtual shop­ping cart via a cookie.

The data subject may, at any time, prevent the setting of cookies through our website by means of a corre­sponding setting of the Internet browser used, and may thus perma­nently deny the setting of cookies. Further­more, already set cookies may be deleted at any time via an Internet browser or other soft­ware programs. This is possible in all popular Internet browsers. If the data subject deac­ti­vates the setting of cookies in the Internet browser used, not all func­tions of our website may be entirely usable.

Collec­tion of general data and infor­ma­tion

The website of us collects a series of general data and infor­ma­tion when a data subject or auto­mated system calls up the website. This general data and infor­ma­tion are stored in the server log files. Collected may be (1) the browser types and versions used, (2) the oper­ating system used by the accessing system, (3) the website from which an accessing system reaches our website (so-called refer­rers), (4) the sub-websites, (5) the date and time of access to the Internet site, (6) an Internet protocol address (IP address), (7) the Internet service provider of the accessing system, and (8) any other similar data and infor­ma­tion that may be used in the event of attacks on our infor­ma­tion tech­nology systems.

When using these general data and infor­ma­tion, we does not draw any conclu­sions about the data subject. Rather, this infor­ma­tion is needed to (1) deliver the content of our website correctly, (2) opti­mize the content of our website as well as its adver­tise­ment, (3) ensure the long-term viability of our infor­ma­tion tech­nology systems and website tech­nology, and (4) provide law enforce­ment author­i­ties with the infor­ma­tion neces­sary for crim­inal pros­e­cu­tion in case of a cyber-attack. There­fore, we analyzes anony­mously collected data and infor­ma­tion statis­ti­cally, with the aim of increasing the data protec­tion and data secu­rity of our enter­prise, and to ensure an optimal 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.

Regis­tra­tion on our website

The data subject has the possi­bility to register on the website of the controller with the indi­ca­tion of personal data. Which personal data are trans­mitted to the controller is deter­mined by the respec­tive input mask used for the regis­tra­tion. The personal data entered by the data subject are collected and stored exclu­sively for internal use by the controller, and for his own purposes. The controller may request transfer to one or more proces­sors (e.g. a parcel service) that also uses personal data for an internal purpose which is attrib­ut­able to the controller.

By regis­tering on the website of the controller, the IP address—assigned by the Internet service provider (ISP) and used by the data subject—date, and time of the regis­tra­tion are also stored. The storage of this data takes place against the back­ground that this is the only way to prevent the misuse of our services, and, if neces­sary, to make it possible to inves­ti­gate committed offenses. Insofar, the storage of this data is neces­sary to secure the controller. This data is not passed on to third parties unless there is a statu­tory oblig­a­tion to pass on the data, or if the transfer serves the aim of crim­inal pros­e­cu­tion.

The regis­tra­tion of the data subject, with the volun­tary indi­ca­tion of personal data, is intended to enable the controller to offer the data subject contents or services that may only be offered to regis­tered users due to the nature of the matter in ques­tion. Regis­tered persons are free to change the personal data spec­i­fied during the regis­tra­tion at any time, or to have them completely deleted from the data stock of the controller.

The data controller shall, at any time, provide infor­ma­tion upon request to each data subject as to what personal data are stored about the data subject. In addi­tion, the data controller shall correct or erase personal data at the request or indi­ca­tion of the data subject, insofar as there are no statu­tory storage oblig­a­tions. The entirety of the controller’s employees are avail­able to the data subject in this respect as contact persons.

Contact possi­bility via the website

The website contains infor­ma­tion that enables a quick elec­tronic contact to our enter­prise, as well as direct commu­ni­ca­tion with us, which also includes a general address of the so-called elec­tronic mail (e-mail address). If a data subject contacts the controller by e-mail or via a contact form, the personal data trans­mitted by the data subject are auto­mat­i­cally stored. Such personal data trans­mitted on a volun­tary basis by a data subject to the data controller are stored for the purpose of processing or contacting the data subject. There is no transfer of this personal data to third parties.

Comments func­tion in the blog on the website

We offers users the possi­bility to leave indi­vidual comments on indi­vidual blog contri­bu­tions on a blog, which is on the website of the controller. A blog is a web-based, publicly-acces­sible portal, through which one or more people called blog­gers or web-blog­gers may post arti­cles or write down thoughts in so-called blog­posts. Blog­posts may usually be commented by third parties.

If a data subject leaves a comment on the blog published on this website, the comments made by the data subject are also stored and published, as well as infor­ma­tion on the date of the commen­tary and on the user's (pseu­donym) chosen by the data subject. In addi­tion, the IP address assigned by the Internet service provider (ISP) to the data subject is also logged. This storage of the IP address takes place for secu­rity reasons, and in case the data subject violates the rights of third parties, or posts illegal content through a given comment. The storage of these personal data is, there­fore, in the own interest of the data controller, so that he can excul­pate in the event of an infringe­ment. This collected personal data will not be passed to third parties, unless such a transfer is required by law or serves the aim of the defense of the data controller.

Routine erasure and blocking of personal data

The data 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 to 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.

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 avail himself of this right of confir­ma­tion, he or she may, at any time, contact any employee of the controller.

• b) Right of access

  Each data subject shall have the right granted by the Euro­pean legis­lator to obtain from the controller free infor­ma­tion about his or her personal data stored at any time and a copy of this infor­ma­tion. Further­more, the Euro­pean direc­tives and regu­la­tions grant the data subject access to the following infor­ma­tion:

  • the purposes of the processing;
  • the cate­gories of personal data concerned;
  • 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 avail himself of this right of access, he or she may, at any time, contact any employee of the controller.

• 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 exer­cise this right to recti­fi­ca­tion, he or she may, at any time, contact any employee of the controller.

• 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 afore­men­tioned reasons applies, and a data subject wishes to request the erasure of personal data stored by us, he or she may, at any time, contact any employee of the controller. An employee us shall 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, the controller, 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 anylinks to, or copy or repli­ca­tion of, those personal data, as far as processing is not required. An employees of us 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 us, he or she may at any time contact any employee of the controller. The employee of us will arrange the restric­tion of the 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 any employee of us.

• 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.

  We 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 we 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 us to the processing for direct marketing purposes, we will no longer process the personal data for these purposes.

  In addi­tion, the data subject has the right, on grounds relating to his or her partic­ular situ­a­tion, to object to processing of personal data concerning him or her by us for scien­tific or histor­ical research purposes, or for statis­tical purposes pursuant to Article 89(1) of the GDPR, unless the processing is neces­sary for the perfor­mance of a task carried out for reasons of public interest.

  In order to exer­cise the right to object, the data subject may contact any employee of us. 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, we 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 exer­cise the rights concerning auto­mated indi­vidual deci­sion-making, he or she may, at any time, contact any employee of us.

• 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 exer­cise the right to with­draw the consent, he or she may, at any time, contact any employee of us.

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).

The legit­i­mate inter­ests 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.

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.

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 any employee. The employee clar­i­fies 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.

Exis­tence of auto­mated deci­sion-making

As a respon­sible company, we do not use auto­matic deci­sion-making or profiling.