data protection

PRIVACY POLICY

1) Introduction and contact details of the person responsible

1.1 We are pleased that you are visiting our website and thank you for your interest. Below we will inform you about how we handle your personal data when you use our website. Personal data is all data that can be used to identify you personally.

1.2 The person responsible for data processing on this website within the meaning of the General Data Protection Regulation (GDPR) is Ahmet Can Kestane, Donaufelderstraße 81/9, 1210 Vienna, Austria, email: info@fitlex.de. The person responsible for the processing of personal data is the natural or legal person who alone or jointly with others decides on the purposes and means of processing personal data.

2) Data collection when visiting our website

2.1 If you use our website for information purposes only, i.e. if you do not register or otherwise provide us with information, we only collect data that your browser transmits to the website server (so-called "server log files"). When you visit our website, we collect the following data, which is technically necessary for us to display the website to you:

Our visited website
Date and time of access
Amount of data sent in bytes
Source/reference from which you came to the page
browser used
Operating system used
IP address used (if applicable: in anonymized form)

The processing is carried out in accordance with Art. 6 Paragraph 1 Letter f of GDPR on the basis of our legitimate interest in improving the stability and functionality of our website. The data will not be passed on or used in any other way. However, we reserve the right to subsequently check the server log files if there are concrete indications of illegal use.

2.2 For security reasons and to protect the transmission of personal data and other confidential content (e.g. orders or inquiries to the person responsible), this website uses SSL or TLS encryption. You can recognize an encrypted connection by the character string "https://" and the lock symbol in your browser line.

3) Hosting & Content Delivery Network

Shopify

To host our website and display the page content, we use the system of the following provider: Shopify International Limited, Victoria Buildings, 2nd Floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland (“Shopify”)

Data is also transferred to: Shopify Inc., 150 Elgin St, Ottawa, ON K2P 1L4, Canada, Shopify Data Processing (USA) Inc., Shopify Payments (USA) Inc. or Shopify (USA) Inc.

All data collected on our website is processed on the provider's servers. We have concluded a data processing agreement with the provider that ensures the protection of our website visitors' data and prohibits unauthorized disclosure to third parties.

When data is transferred to Canada, an appropriate level of data protection is guaranteed by an adequacy decision of the European Commission.

For the transfer of data to the USA, the provider relies on standard contractual clauses of the European Commission, which are intended to ensure compliance with the European data protection level.

4) Cookies

In order to make visiting our website more attractive and to enable the use of certain functions, we use cookies, i.e. small text files that are stored on your device. Some of these cookies are automatically deleted when you close the browser (so-called "session cookies"), while others remain on your device for longer and enable page settings to be saved (so-called "persistent cookies"). In the latter case, you can find out how long the cookies are stored in the overview of your web browser's cookie settings.

If personal data is also processed by individual cookies used by us, the processing is carried out in accordance with Art. 6 Para. 1 lit. b GDPR either for the execution of the contract, in accordance with Art. 6 Para. 1 lit. a GDPR in the case of consent granted or in accordance with Art. 6 Para. 1 lit. f GDPR to safeguard our legitimate interests in the best possible functionality of the website and a customer-friendly and effective design of the page visit.

You can set your browser so that you are informed about the setting of cookies and can decide individually whether to accept them or to exclude the acceptance of cookies in certain cases or in general.

Please note that if you do not accept cookies, the functionality of our website may be limited.

5) Contact

When you contact us (e.g. via contact form or email), personal data will be processed exclusively for the purpose of processing and answering your request and only to the extent necessary for this purpose.

The legal basis for processing this data is our legitimate interest in answering your request in accordance with Art. 6 (1) (f) GDPR. If your contact is aimed at a contract, an additional legal basis for processing is Art. 6 (1) (b) GDPR. Your data will be deleted if it can be inferred from the circumstances that the matter in question has been conclusively clarified and provided that there are no statutory retention periods to the contrary.

6) Data processing for order processing

6.1 To the extent necessary for the execution of the contract for delivery and payment purposes, the personal data collected by us will be passed on to the commissioned transport company and the commissioned credit institution in accordance with Art. 6 Paragraph 1 Letter b of GDPR.

If we owe you updates for goods with digital elements or for digital products on the basis of a corresponding contract, we will process the contact details you provided when ordering (name, address, email address) in order to inform you personally about upcoming updates within the legally stipulated period by suitable communication channels (e.g. by post or email) within the scope of our statutory information obligations in accordance with Art. 6 Paragraph 1 Letter c GDPR. Your contact details will be used strictly for the purpose of notifying you about updates owed by us and will only be processed by us for this purpose to the extent that this is necessary for the respective information.

To process your order, we also work with the following service provider(s), who support us in whole or in part in the implementation of concluded contracts. Certain personal data is transmitted to these service providers in accordance with the following information.

6.2 In order to fulfil our contractual obligations towards our customers, we work with external shipping partners. We pass on your name and delivery address and, if necessary for delivery, your telephone number, to a shipping partner selected by us exclusively for the purposes of delivering the goods in accordance with Art. 6 (1) (b) GDPR.

6.3 Use of payment service providers (payment services)

- Amazon Pay

One or more online payment methods from the following provider are available on this website: Amazon Payments Europe sca, 38 avenue JF Kennedy, L-1855 Luxembourg

If you select a payment method from the provider that requires you to pay in advance (such as credit card payment), the payment details you provided during the ordering process (including name, address, bank and payment card information, currency and transaction number) as well as information about the content of your order will be passed on to the provider in accordance with Art. 6 (1) (b) GDPR. In this case, your data will be passed on exclusively for the purpose of processing the payment with the provider and only to the extent that it is necessary for this purpose.
- Apple Pay

If you choose the payment method “Apple Pay” from Apple Distribution International (Apple), Hollyhill Industrial Estate, Hollyhill, Cork, Ireland, the payment will be processed using the “Apple Pay” function on your iOS, watchOS or macOS device by charging a payment card stored with “Apple Pay”. Apple Pay uses security features that are integrated into the hardware and software of your device to protect your transactions. To authorize a payment, you must enter a code that you have previously specified and verify it using the “Face ID” or “Touch ID” function on your device.

For the purpose of payment processing, the information you provided during the ordering process, along with information about your order, will be passed on to Apple in encrypted form. Apple then encrypts this data again with a developer-specific key before the data is transmitted to the payment service provider of the payment card stored in Apple Pay to process the payment. The encryption ensures that only the website through which the purchase was made can access the payment data. After the payment has been made, Apple sends your device account number and a transaction-specific, dynamic security code to the source website to confirm the payment was successful.

If personal data is processed during the transmissions described, the processing is carried out exclusively for the purpose of payment processing in accordance with Art. 6 (1) (b) GDPR.

Apple stores anonymized transaction data, including the approximate purchase amount, the approximate date and time, and whether the transaction was completed successfully. Anonymization completely excludes any personal reference. Apple uses the anonymized data to improve Apple Pay and other Apple products and services.

When you use Apple Pay on iPhone or Apple Watch to complete a purchase you made through Safari on Mac, the Mac and the authorization device communicate over an encrypted channel on Apple servers. Apple does not process or store any of this information in a format that can identify you. You can turn off the ability to use Apple Pay on your Mac in your iPhone's settings. Go to Wallet & Apple Pay and turn off Allow Payments on Mac.

Further information on data protection at Apple Pay can be found at the following internet address: https://support.apple.com /de-de /HT203027
- EPS transfer

One or more online payment methods from the following provider are available on this website: PSA Payment Services Austria GmbH, Handelskai 92, Gate 2,1200 Vienna, Austria

If you choose the payment method “Google Pay” from Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland (“Google”), the payment will be processed via the “Google Pay” application on your mobile device running at least Android 4.4 (“KitKat”) and having an NFC function by charging a payment card stored with Google Pay or a payment system verified there (e.g. PayPal). To authorize a payment via Google Pay of more than €25, you must first unlock your mobile device using the verification measure set up in each case (e.g. facial recognition, password, fingerprint or pattern).

For the purpose of payment processing, the information you provided during the ordering process, along with information about your order, will be passed on to Google. Google then transmits your payment information stored in Google Pay to the source website in the form of a unique transaction number, which is used to verify that the payment has been made. This transaction number does not contain any information about the actual payment data of your payment method stored with Google Pay, but is created and transmitted as a one-time numerical token. For all transactions via Google Pay, Google acts only as an intermediary to process the payment process. The transaction is carried out exclusively in the relationship between the user and the source website by charging the payment method stored with Google Pay.

If personal data is processed during the transmissions described, the processing is carried out exclusively for the purpose of payment processing in accordance with Art. 6 (1) (b) GDPR.

Google reserves the right to collect, store and evaluate certain transaction-specific information for each transaction made through Google Pay. This includes the date, time and amount of the transaction, the merchant location and description, a description of the goods or services purchased provided by the merchant, photos that you have attached to the transaction, the name and email address of the seller and buyer or the sender and recipient, the payment method used, your description of the reason for the transaction and, if applicable, the offer associated with the transaction.

According to Google, this processing is carried out exclusively in accordance with Art. 6 (1) (f) GDPR on the basis of the legitimate interest in proper accounting, the verification of transaction data and the optimization and maintenance of the functionality of the Google Pay service.

Google also reserves the right to merge the processed transaction data with other information that is collected and stored by Google when using other Google services.

The Google Pay terms of use can be found here:

https://payments.google.com /payments /apis-secure /u /0 /get_legal_document ?ldo=0 &ldt=googlepaytos &ldl=de
Further information on data protection at Google Pay can be found at the following internet address:
https://payments.google.com /payments /apis-secure /get_legal_document ?ldo=0 &ldt=privacynotice &ldl=de
- Klarna

One or more online payment methods from the following provider are available on this website: Klarna Bank AB, Sveavägen 46, 111 34 Stockholm, Sweden

If you select a payment method where the provider makes an advance payment (e.g. purchase on account, installment plan or direct debit), you will also be asked to provide certain personal data (first and last name, street, house number, postcode, city, date of birth, email address, telephone number, if applicable, data on an alternative payment method) during the ordering process.

In order to protect our legitimate interest in determining the solvency of our customers, we will forward this data to the provider for the purpose of a credit check in accordance with Art. 6 Paragraph 1 Letter f of GDPR. The provider will check on the basis of the personal data you provide and other data (such as shopping cart, invoice amount, order history, payment experience) whether the payment option you have selected can be granted with regard to payment and/or default risks.

In addition to provider-internal criteria in accordance with Art. 6 (1) (f) GDPR, identity and creditworthiness information from the following credit agencies may also be included in the decision-making process when reviewing the application:

https://cdn.klarna.com /1.0 /shared /content /legal /terms /0 /de_de /credit_rating_agencies

The credit report may contain probability values (so-called score values). If score values are included in the result of the credit report, they are based on a scientifically recognized mathematical-statistical procedure. The calculation of the score values includes, among other things, but not exclusively, address data.

You can object to this processing of your data at any time by sending a message to us or to the provider. However, the provider may still be entitled to process your personal data if this is necessary for the contractual payment processing.
- Paypal

One or more online payment methods from the following provider are available on this website: PayPal (Europe) Sarl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg

If you select a payment method from the provider that requires you to pay in advance, the payment details you provided during the ordering process (including name, address, bank and payment card information, currency and transaction number) as well as information about the content of your order will be passed on to the provider in accordance with Art. 6 (1) (b) GDPR. In this case, your data will be passed on exclusively for the purpose of processing the payment with the provider and only to the extent that it is necessary for this purpose.

If you select a payment method for which we pay in advance, you will also be asked to provide certain personal information (first and last name, street, house number, postal code, city, date of birth, email address, telephone number, and if applicable, data on an alternative payment method) during the ordering process.

In order to protect our legitimate interest in determining your ability to pay in such cases, we will forward this data to the provider for the purpose of a credit check in accordance with Art. 6 Paragraph 1 Letter f of GDPR. The provider will check on the basis of the personal data you provide and other data (such as shopping cart, invoice amount, order history, payment experience) whether the payment option you have selected can be granted with regard to payment and/or default risks.

One or more online payment methods from the following provider are available on this website: Shopify International Limited, Victoria Buildings, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland

7) Retargeting/remarketing and conversion tracking

7.1 Facebook Pixel for creating custom audiences

Within our online offering we use the service "Facebook Pixel" of the following provider: Meta Platforms Ireland Limited, 4 Grand Canal Quare, Dublin 2, Ireland ("Facebook")

If a user clicks on an ad we have placed on Facebook, the URL of our linked page is extended by a parameter using "Facebook Pixel". This URL parameter is then entered into the user's browser after forwarding via a cookie that our linked page itself sets.

This enables Facebook to determine the visitors to our online offering as a target group for the display of advertisements (so-called "Facebook Ads"). Accordingly, we use the service to only display the Facebook ads we place to those Facebook users who have also shown an interest in our online offering or who have certain characteristics (e.g. interests in certain topics or products determined based on the websites visited) that we transmit to Facebook (so-called "custom audiences").

On the other hand, “Facebook Pixel” can be used to track whether users were redirected to our website after clicking on a Facebook ad and which actions they perform there (so-called “conversion tracking”).

The data collected is anonymous to us and does not allow us to draw any conclusions about the identity of the user. However, the data is stored and processed by Facebook so that a connection to the respective user profile is possible and Facebook can use the data for its own advertising purposes.

All processing described above, in particular the setting of cookies for reading information on the device used, will only be carried out if you have given us your express consent in accordance with Art. 6 Paragraph 1 Letter a of GDPR. You can revoke your consent at any time with effect for the future by deactivating this service in the "Cookie Consent Tool" provided on the website.

We have concluded a data processing agreement with the provider, which ensures the protection of the data of our website visitors and prohibits unauthorized disclosure to third parties.

The information generated by Facebook is usually transferred to a Facebook server and stored there; in this context, it may also be transferred to Meta Platforms Inc. servers in the USA.

For data transfers to the USA, the provider has joined the EU-US Data Privacy Framework, which ensures compliance with the European data protection level on the basis of an adequacy decision of the European Commission.

7.2 TikTok Pixel

This website uses the conversion tracking technology of the following provider: TikTok Technology Limited, 10 Earlsfort Terrace, Dublin, D02 T380, Ireland

If you have accessed our website from an advertisement on the provider's domain, the success of the advertisement can be tracked using cookies and/or comparable technologies (tracking pixels, web beacons, pings or HTTP requests).

For this purpose, certain device and browser information, including your IP address where applicable, is read via tracking technology in order to record and evaluate user actions predefined by us (e.g. completed transactions, leads, search queries on the website, visits to product pages). This enables us to create statistics on user behavior on our website after being redirected from an advertisement, which we use to optimize our offering.

We have concluded a data processing agreement with the provider, which ensures the protection of the data of our website visitors and prohibits unauthorized disclosure to third parties.

8) Page functionalities

8.1 Google Maps

This website uses an online map service from the following provider: Google Maps (API) from Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland (“Google”).

Google Maps is a web service for displaying interactive (land) maps to visually represent geographical information. Using this service will show you our location and make it easier to find us.

When you access the subpages in which the Google Maps map is integrated, information about your use of our website (such as your IP address) is transmitted to Google servers and stored there. This may also involve transmission to the servers of Google LLC in the USA. This occurs regardless of whether Google provides a user account through which you are logged in or whether a user account already exists. If you are logged in to Google, your data is assigned directly to your account. If you do not want to be assigned to your Google profile, you must log out before activating the button. Google stores your data (even for users who are not logged in) as usage profiles and evaluates them.

The collection, storage and evaluation are carried out in accordance with Art. 6 Paragraph 1 Letter f of GDPR on the basis of Google's legitimate interest in displaying personalized advertising, market research and/or the needs-based design of Google websites. You have the right to object to the creation of these user profiles, but you must contact Google to exercise this right. If you do not agree to the future transmission of your data to Google as part of the use of Google Maps, you also have the option of completely deactivating the Google Maps web service by turning off the JavaScript application in your browser. Google Maps and thus also the map display on this website cannot then be used.

To the extent legally required, we have obtained your consent in accordance with Art. 6 (1) (a) GDPR for the processing of your data as described above. You can revoke your consent at any time with effect for the future. To exercise your revocation, please follow the option for making an objection described above.

8.2 Google Maps API

In order to enable the real-time checking of certain entries in the address form of the ordering process of our web shop for input errors, we use the services of the following provider: Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland

Data may also be transmitted to: Google LLC., USA

The provider validates the address entered, verifies the spelling and adds any missing data. If the address is not clear, correct alternative suggestions are displayed. For this purpose, the address data you enter is sent to the provider, where it is stored and evaluated.

This processing is carried out in accordance with Art. 6 (1) (f) GDPR on the basis of our legitimate interest in the proper collection of the customer's correct address data in order to conscientiously fulfill our contractual delivery obligations and to prevent contract implementation problems.

The provider processes the data concerned separately and does not merge it with other data sets, and deletes it as soon as its status or correctness has been confirmed, but no later than 30 days.

8.3 Google reCAPTCHA

On this website we use the CAPTCHA service of the following provider: Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland

Data can also be transmitted to: Google LLC, USA. The provider uses "Google Fonts" - fonts downloaded from the Internet by Google - for the visual design of the Captcha window. No further information other than that mentioned above, which is already transmitted to Google via the ReCaptcha functionality, is processed here.

The service checks whether an input has been made by a natural person or abusively by machine and automated processing, and blocks spam, DDoS attacks and similar automated malicious access. To ensure that an action is carried out by a human and not by an automated bot, the provider collects the IP address of the end device used, identification data of the browser and operating system type used, as well as the date and duration of the visit and transmits these to the provider's servers for evaluation.

The legal basis is our legitimate interest in determining individual responsibility on the Internet and preventing misuse and spam in accordance with Art. 6 (1) (f) GDPR.

We have concluded a data processing agreement with the provider, which ensures the protection of the data of our website visitors and prohibits unauthorized disclosure to third parties.

9) Tools and Others

9.1 - sevDesk

To handle accounting, we use the cloud-based accounting software service of the following provider: sevDesk GmbH, Hauptstraße 115, 77652 Offenburg, Germany

The provider processes incoming and outgoing invoices and, if applicable, our company's bank transactions in order to automatically record invoices, match them to transactions and use these to create financial accounting in a partially automated process.

If personal data is also processed, the processing is carried out in accordance with Art. 6 (1) (f) GDPR on the basis of our legitimate interest in the efficient organization and documentation of our business transactions.

9.2 Cookie Consent Tool

This website uses a so-called "cookie consent tool" to obtain effective user consent for cookies and cookie-based applications that require consent. The "cookie consent tool" is displayed to users when they visit the page in the form of an interactive user interface on which consent for certain cookies and/or cookie-based applications can be given by ticking boxes. By using the tool, all cookies/services that require consent are only loaded if the respective user gives their consent by ticking the corresponding box. This ensures that such cookies are only placed on the user's respective device if consent has been given.

The tool uses technically necessary cookies to save your cookie preferences. Personal user data is generally not processed.

If, in individual cases, personal data (such as the IP address) is processed for the purpose of storing, assigning or logging cookie settings, this is done in accordance with Art. 6 (1) (f) GDPR on the basis of our legitimate interest in legally compliant, user-specific and user-friendly consent management for cookies and thus in a legally compliant design of our website.

A further legal basis for the processing is Art. 6 (1) (c) GDPR. As the responsible party, we are subject to the legal obligation to make the use of technically unnecessary cookies dependent on the respective user consent.

Where necessary, we have concluded a data processing agreement with the provider, which ensures the protection of the data of our website visitors and prohibits unauthorized disclosure to third parties.

Further information about the operator and the setting options of the cookie consent tool can be found directly in the corresponding user interface on our website.

10) Rights of the data subject

10.1 The applicable data protection law grants you the following data subject rights (rights to information and intervention) vis-à-vis the controller with regard to the processing of your personal data, whereby reference is made to the legal basis stated for the respective conditions for exercising them:

Right to information pursuant to Art. 15 GDPR;
Right to rectification pursuant to Art. 16 GDPR;
Right to erasure pursuant to Art. 17 GDPR;
Right to restriction of processing pursuant to Art. 18 GDPR;
Right to information pursuant to Art. 19 GDPR;
Right to data portability according to Art. 20 GDPR;
Right to revoke consent granted in accordance with Art. 7 Para. 3 GDPR;
Right to complain according to Art. 77 GDPR.

10.2 RIGHT OF OBJECTION

IF WE PROCESS YOUR PERSONAL DATA BASED ON OUR OVERRIDING LEGITIMATE INTEREST AS PART OF A BALANCE OF INTERESTS, YOU HAVE THE RIGHT TO OBJECT TO THIS PROCESSING AT ANY TIME FOR REASONS ARISING FROM YOUR PARTICULAR SITUATION, WITH EFFECT FOR THE FUTURE.

IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING THE DATA IN QUESTION. HOWEVER, WE RESERVE THE RIGHT TO CONTINUE PROCESSING IF WE CAN PROVE COMPELLING LEGITIMATE GROUNDS FOR THE PROCESSING WHICH OVERRIDE YOUR INTERESTS, FUNDAMENTAL RIGHTS AND FREEDOMS, OR IF THE PROCESSING SERVES TO ASSERT, EXERCISE OR DEFEND LEGAL CLAIMS.

IF WE PROCESS YOUR PERSONAL DATA FOR THE PURPOSE OF DIRECT MARKETING, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF PERSONAL DATA CONCERNING YOU FOR THE PURPOSE OF SUCH ADVERTISING. YOU CAN EXERCISE YOUR OBJECTION AS DESCRIBED ABOVE.

IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING THE DATA CONCERNED FOR DIRECT MARKETING PURPOSES.

11) Duration of storage of personal data

The duration for which personal data is stored is determined based on the respective legal basis, the purpose of processing and – if applicable – also on the respective statutory retention period (e.g. retention periods under commercial and tax law).

When processing personal data on the basis of an explicit consent in accordance with Art. 6 (1) (a) GDPR, the data concerned will be stored until you revoke your consent.

If there are statutory retention periods for data that are processed within the framework of legal or quasi-legal obligations on the basis of Art. 6 (1) (b) GDPR, these data will be routinely deleted after expiry of the retention periods, provided that they are no longer required to fulfill or initiate a contract and/or we no longer have a legitimate interest in continuing to store them.

When processing personal data on the basis of Art. 6 (1) (f) GDPR, these data will be stored until you exercise your right of objection in accordance with Art. 21 (1) GDPR, unless we can demonstrate compelling legitimate grounds for the processing which outweigh your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims.

When processing personal data for the purpose of direct advertising on the basis of Art. 6 (1) (f) GDPR, these data will be stored until you exercise your right of objection in accordance with Art. 21 (2) GDPR.

Unless otherwise stated in the other information in this declaration on specific processing situations, stored personal data will be deleted when they are no longer necessary for the purposes for which they were collected or otherwise processed.

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PRIVACY POLICY

1) Introduction and contact details of the person responsible

2) Data collection when visiting our website

3) Hosting & Content Delivery Network

4) Cookies

5) Contact

6) Data processing for order processing

7) Retargeting/remarketing and conversion tracking

8) Page functionalities

9) Tools and Others

10) Rights of the data subject

11) Duration of storage of personal data