Privacy policy according to § 5 and § 13 of the German
Telemedia Act (TMG) Information according to Articles 13, 14, 21 and 49 of the
General Data Protection Regulation (DSGVO)
We hereby provide you with information about the processing
of your personal data by us in the context of your use of our online store and
the claims and rights to which you are entitled under the data protection
regulations.
I - Responsible
party for data processing
AMPLIFI COALITION AG
Nebelhornstr. 34
87561 Oberstdorf / Germany
E-mail: contact@amplifisports.com
Phone: +49 (0)8322 3059217
II - Sources
and data for the processing of personal data
We process personal data that we collect from you in the
course of your internet or social media use or that you have transmitted to us
via one of our contact forms.
Data is stored in server log files that are collected and
automatically stored by the provider and largely transmitted to us by your
browser. These are:
- Information about the type of browser and the version used
- The operating system of the user
- The user's Internet service provider
- Refferer URL
- Name of the requested file
- The amount of data transferred
- The IP address of the user
- Date and time of access
- Websites from which the user's system accesses our website
- Websites that are accessed by the user's system via our
website
Furthermore, we may process other data similar to the
aforementioned categories.
We collect the listed data to ensure a problem-free
connection setup of the website and to enable a user-friendly operation of our
website. In addition, the log file is used to evaluate system security and
stability as well as for administrative purposes. The legal basis for the
temporary storage of the data or the log files is our legitimate interest
according to Art. 6 para. 1 lit. f) DSGVO.
Currently, we also offer the following social media
channels:
- Facebook fan page (https://www.facebook.com/AMPLIFI)
- Twitter (https://twitter.com/AMPLIFIgear)
- Instagram (https://www.instagram.com/amplifisports/)
As part of social media usage, we may obtain statistical
usage data from the respective social media company. This can be information
about page views and activities; views of individual articles, videos, services
(e.g. route planner), etc.; comments, shared content, responses, usage rates:
Men and women, origin related to country and city, language. The legal basis for
the retrieval of data during social media use is Art. 6 para. 1 lit. f) DSGVO.
III - Purpose of processing and legal basis
We process personal data in accordance with the provisions
of the European Data Protection Regulation (DSGVO) and the German Federal Data
Protection Act (BDSG):
1 - Within
the framework of the balancing of interests in the event of conflicting
interests (Art. 6 para. 1 lit. f) DSGVO and Art. 49 para. 1 p. 2 DSGVO).
The legal basis for the temporary storage of data is our
legitimate interest (Art. 6 para. 1 lit. f DSGVO). We record the data listed
above in order to ensure a smooth connection setup of the website and to enable
a comfortable use of our website by the users. In addition, the log file is
used to evaluate system security and stability as well as for administrative
purposes. In addition, we store your data for reasons of technical security, in
particular to defend against attempted attacks on our web server.
Examples in this context:
- Testing and optimization of procedures for demand analysis
and direct customer approach;
- Advertising or market and opinion research, e.g. through
the use of cookies, insofar as you have not objected to the use of your data;
- Assertion of legal claims and defense in legal disputes;
- Ensuring IT security and IT operations;
- Measures for business management and further development
of services and other offers.
- Sporadic evaluation of data for research purposes in
anonymized form.
In particular, so-called usage profiles are created by the
social media companies by means of your usage behavior and used for the
placement of advertisements. For this purpose, cookies are usually stored on
your computer. 2.
2 - within
the framework of the balancing of interests in the case of similar interests
(Art. 49 para. 1 lit. c) DSGVO)
If the balance of interests shows that both the controller
and the data subject have an interest in the transfer of data to a third
country, the transfer of data is based on Art. 49 (1) (c) DSGVO.
3 - in the
context of your consent (Art. 6 para. 1para. 1 lit. a) DSGVO and Art. 49
para. 1 lit. a) DSGVO).
Insofar as you have given us consent to process personal
data for certain purposes (e.g. transfer of data to third parties, evaluation
of data for marketing purposes), the lawfulness of this processing is based on
your consent. Consent given can be revoked at any time.
Please note that the revocation is only effective for the
future. Processing that took place before the revocation is not affected.
If you have given the social media companies consent to a
specific data processing, the processing is carried out on the legal basis of
Art. 6 para. 1 lit. a) DSGVO.
4 - due to legal requirements, Art. 6 para. 1
lit. c) DSGVO or in the public interest, Art. 6 para. 1 lit. e) DSGVO.
In addition, we are subject to various legal obligations,
i.e. legal requirements (e.g. commercial law, tax laws, etc.). Insofar as data
is processed in this regard, this is done exclusively on the basis of these
regulations.
In particular, the Infection Protection Act or similar
national and international regulations to which we are bound due to the current
Covid 19 pandemic may be considered as such legal basis.
IV - Transfer of data
Within the company, those departments receive your data that
need it to fulfill our contractual and legal obligations. Processors we use
(Art. 28 DSGVO) may also receive data for these purposes. These are companies
in the categories of IT services, telecommunications, consulting and advisory,
and sales and marketing.
With regard to the transfer of data to recipients outside
the company, it should be noted that we will only transfer your data if this is
permitted or required by law, if you have consented or if we are authorized to
provide information. Under these conditions, recipients of personal data may
be, for example, public bodies and institutions (e.g. public prosecutor's
office, police, supervisory authorities) in the event of a legal or official
obligation, or lawyers, tax advisors, and the like.
Further data recipients may be those bodies for which you
have given us your consent to the transfer of data.
V - Duration of storage
To the extent permitted by law, we process and store your
personal data, in particular for as long as necessary to fulfill the respective
purposes.
VI - Data transfer to third countries
A data transfer to third countries (countries outside the
European Economic Area - EEA) only takes place if this is necessary for the
execution of our social media offers, is required by law or you have given us
your consent. We will inform you separately about details, if required by law.
When visiting our social media offers, we point out that
data of you as a user outside the EU may be processed.
VII - Contact form and contact by e-mail
If you send us inquiries via contact form or e-mail, your
data from the inquiry form or your e-mail, including the contact data you
provided there, will be stored by us for the purpose of processing the inquiry
and in case of follow-up questions. The indication of your name as well as your
e-mail address is required. Under no circumstances will we pass on this data
without your consent. The legal basis for processing the data is our legitimate
interest in responding to your request in accordance with Art. 6 (1) f) DSGVO,
Art. 49 (2) p. 1 DSGVO and Art. 49 (1) a) DSGVO and, if applicable, Art. 6 (1)
b) DSGVO, if your request is aimed at concluding a contract. Your data will be
deleted after final processing of your request, provided that there are no legal
obligations to retain data. You can object to the processing of your personal
data at any time in the case of Art. 6 para. 1 lit. f) DSGVO.
VIII - Use of cookies
Our website uses cookies, which are recorded by the browser
on your device and contain certain settings for the use of the website (e.g.
for the current session). Cookies serve to make our offer more user-friendly,
effective and secure. Cookies are small text files that are stored on your
computer and saved by your browser. Most of the cookies we use are so-called
session cookies, which are automatically deleted after closing the browser.
Other cookies remain stored on your terminal device until you delete them or
the storage period expires. These cookies allow us to recognize your browser on
your next visit.
The cookies are used to simplify website processes by
storing settings (e.g. providing already selected options). If personal data is
also processed by individual cookies implemented by us, the processing is based
on your consent in accordance with Art. 6 (1) a) DSGVO or Art. 49 (1) a) DSGVO
and in order to ensure 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 only allow cookies in individual cases, exclude the
acceptance of cookies for certain cases or in general and activate the
automatic deletion of cookies when closing the browser. If cookies are
deactivated, the functionality of this website may be limited.
You can declare a general objection to cookies used for
online marketing purposes via the US site http://www.aboutads.info/choices/ or
via the EU site http://www.youronlinechoices.com/.
You can also deactivate the storage of cookies in your
browser settings. Please note that if you do so, you may not be able to use all
the functions of this online offer.
IX - Facebook fanpage / Facebook Pixel
The operation of a Facebook fanpage constitutes processing
under joint responsibility pursuant to Art. 26 DSGVO. For this purpose, an
agreement has been concluded with Meta Platforms Ireland Ltd. (4 Grand Canal
Square, Grand Canal Harbour, Dublin 2, Ireland) has been concluded. This
agreement can be accessed at the following link:
https://www.facebook.com/legal/controller_addendum
According to this agreement, we ourselves do not have any
decisions or influence over the processing of data by Facebook.
The responsibility for the processing of the so-called
"Insights data" as well as the fulfillment of the corresponding
obligations from the GDPR is assumed by Facebook.
Furthermore, the website uses the remarketing function
"Custom Audiences" of Meta Platforms Inc. ("Facebook").
This allows users of the website to be shown interest-based advertisements
("Facebook ads") when visiting the social network Facebook or other
websites that also use this procedure. We thereby pursue the interest of
showing you advertisements that are of interest to you in order to make our website
more interesting for you. Due to the marketing tools used, your browser
automatically establishes a direct connection with the Facebook server. We have
no influence on the scope and further use of the data collected by Facebook
through the use of this tool and therefore inform you according to our state of
knowledge: Through the integration of Facebook Custom Audiences, Facebook
receives the information that you have accessed the corresponding web page of
our website, or clicked on an ad from us. If you are registered with a Facebook
service, Facebook can assign the visit to your account. Even if you are not
registered with Facebook or have not logged in, there is a possibility that the
provider will learn and store your IP address and other identifiers.
Deactivation of the "Facebook Custom Audiences" function is possible
for logged-in users at https://www.facebook.com/settings/?tab=ads#_.
The legal basis for the processing of your data is your
consent pursuant to Art. 6 (1) a) DSGVO. For more information on data
processing by Facebook, please visit ttps://www.facebook.com/about/privacy
X - Instagram
Within our online offer, functions and contents of the
service Instagram are integrated by Instagram Inc, 1601 Willow Road, Menlo
Park, CA, 94025, USA. When you call up a page that contains such a plugin, your
browser establishes a direct connection to the servers of Instagram. The
content of the plugin is transmitted by Instagram directly to your browser and
integrated into the page. Through this integration, Instagram receives the
information that your browser has called up the corresponding page of our
website, even if you do not have an Instagram profile or are not currently
logged into Instagram.
This information (including your IP address) is transmitted
by your browser directly to an Instagram server in the USA and stored there. If
you are logged in to Instagram, Instagram can directly assign your visit to our
website to your Instagram account. If you interact with the plugins, for
example by clicking the "Instagram" button, this information is also
transmitted directly to an Instagram server and stored there.
The information is also published on your Instagram account
and displayed there to your contacts.
If you do not want Instagram to directly assign the data
collected via our website to your Instagram account, you must log out of
Instagram before visiting our website.
For more information, please see the privacy policy
(https://help.instagram.com/155833707900388) of Instagram.
We only use the data provided to us by Instagram that is
necessary for the purposes stated here. The processing serves to protect our
legitimate interests pursuant to Art. 6 para.1 p.1 lit. f DSGVO.
For more information, please see Instagram's privacy policy:
http://instagram.com/about/legal/privacy/.
XI - Twitter
We use the technical platform and services of Twitter Inc,
1355 Market Street, Suite 900, San Francisco, CA 94103 U.S.A. for the short
message service offered. The responsible party for the data processing of persons
living outside the United States is Twitter International Company, One
Cumberland Place, Fenian Street, Dublin 2 D02 AX07, Ireland.
Via Twitter buttons or widgets embedded in websites and the
use of cookies, Twitter receives the information that your browser has called
up the corresponding page of our website, even if you do not have a Twitter
profile or are not currently logged in to Twitter. Twitter collects so-called
"log data". This may include your IP address, browser type, operating
system, information about the website you previously visited and the pages you
viewed, your location, your mobile provider, the terminal device you use
(including device ID and application ID), the search terms you used and cookie
information.
In the event that you yourself have a Twitter profile,
please note that you use the Twitter short messaging service offered here under
your own responsibility. We have no influence or control over the type and
scope of the data processed by Twitter, the way in which it is processed and
used, or the transfer of this data to third parties.
Information on what data is processed by Twitter and for
what purposes can be found in Twitter's privacy policy:
https://twitter.com/de/privacy.
You have options to restrict the processing of your data in
the general settings of your Twitter account and under the item "Privacy
and security". In addition, you can restrict Twitter's access to contact
and calendar data, photos, location data, etc. on mobile devices (smartphones,
tablet computers) in the settings options there. However, this depends on the
operating system used.
XII - Competition
On our website https://amplifisports.com/ we offer you the
opportunity to participate in competitions organized by us. The legal basis for
the processing of data in the context of the competition is your consent in
accordance with Art. 6 Para. 1 lit. a) DSGVO.
The storage serves the purpose of notifying you by e-mail in
the event of a win. Furthermore, we store your IP address and the time of your
registration each time you register and confirm, in order to prevent misuse of
your personal data and to be able to provide proof of correct sending.
XIII - Newsletter
If you subscribe to the newsletter, you agree to receive it
and to the procedure described below. Newsletters, e-mails and other electronic
notifications with promotional information will only be sent with the consent
of the recipient or a legal permission.
The registration for our newsletter takes place in a
so-called double opt-in procedure. After registration, you will receive an
e-mail asking you to confirm your registration. This confirmation is necessary
to prevent someone from registering with a foreign e-mail address. The
registrations for the newsletter are logged in order to be able to prove the
registration process according to the legal requirements. For this purpose, the
time of registration and confirmation as well as the IP address are logged.
Changes to your data stored with the shipping service provider are also logged.
To register for the newsletter, it is sufficient to enter your e-mail address.
Optionally, you can enter a name for the purpose of personal address in the
newsletter.
The dispatch of the newsletter and the associated
performance measurement is based on the consent of the recipients pursuant to
Art. 6 para. 1 lit. a) DSGVO or on the basis of legal permission pursuant to §
7 para. 3 UWG. The logging of the registration process takes place on the basis
of our legitimate interests pursuant to Art. 6 para. 1 lit. f) DSGVO. Our
interest is the use of a user-friendly as well as secure newsletter system that
meets the expectations of users and allows us to prove consent. The newsletter
can be cancelled at any time. A link to cancel the newsletter can be found at
the end of each newsletter.
Our e-mail newsletters are sent via the technical service
provider "Klaviyo", 225 Franklin St, Boston, MA 02110, USA
(http://www.klaviyo.com/), to whom we pass on the data you provided when
registering for the newsletter.
You can view the privacy policy of the shipping service
provider here: https://www.klaviyo.com/legal/privacy-notice
The shipping service provider is used on the basis of our
legitimate interests pursuant to Art. 6 para. 1 lit. f) DSGVO and an order
processing agreement pursuant to Art. 28 para. 3 p. 1 DSGVO.
Please note that your data is usually transferred to a
Klaviyo server in the USA and stored there. Klaviyo uses this data to send the
newsletter on our behalf and does not use the data of our newsletter recipients
to address them itself or to pass it on to third parties.
Klaviyo has implemented compliance measures for
international data transfers. These apply to all global activities that process
personal data of individuals in the EU. These measures are based on the EU
Standard Contractual Clauses (SCCs). For more information, please see:
To protect your data in the U.S., we have entered into a
data processing agreement ("Data Processing Agreement") with Klaviyo,
in which Klaviyo undertakes to protect our users' data, to process it on our
behalf in accordance with the data protection provisions there and, in
particular, not to share it with third parties.
XIV - Social plugIns
We use so-called social plugins on our homepage. When you
visit our site, a direct connection is established between your browser and,
for example, the Facebook server via the plugin. Facebook thereby receives the
information that you have visited our site with your IP address. If you click
Facebook while you are logged into your respective account, you can link the
content of our pages on your Facebook profile. This allows your user profile to
be associated with your visit to our site. If you are not a member of Facebook,
there is still the possibility that Facebook will learn and store your IP
address. According to Facebook, only an anonymized IP address is stored in
Germany. If you do not want Facebook to collect data via this online offer, you
must log out of Facebook before using our online offer and delete your cookies.
We, as the provider of the site, have no knowledge of the
content of the transmitted data or its use by Facebook. For more information,
please see Facebook's privacy policy at https://de-de.facebook.com/policy.php.
In addition to the plug-in from Facebook, our site also
contains those of the social networks Google+, Twitter, YouTube and Instagram.
You can find further information on the privacy policies of
the providers for
- Google + at
https://policies.google.com/technologies/partner-sites?hl=de
- Twitter at https://twitter.com/privacy?lang=de
- Youtube at https://policies.google.com/privacy?hl=de and
- Instagram at https://help.instagram.com/155833707900388
The legal basis for this is your consent according to Art. 6
para. 1 lit. a) DSGVO or Art. 49 para. 1 lit. a) DSGVO.
XV - Duration of the storage of personal data
To the extent permitted by law, we process and store your
personal data, in particular for as long as necessary to fulfill the respective
purposes.
XVI - Your data dubject rights
In the following, you will find information on which data
subject rights the applicable data protection law grants you vis-à-vis the
controller with regard to the processing of your personal data:
- Right of access:
The right, pursuant to Article 15 of the GDPR, to request
information about your personal data processed by us.
- Right to rectification:
The right, pursuant to Art. 16 DSGVO, to request without
undue delay the rectification of inaccurate or incomplete personal data we hold
about you.
- Right to deletion:
The right, pursuant to Art. 17 DSGVO, to request the
deletion of your personal data stored by us, unless the processing is necessary
for the exercise of the right to freedom of expression and information, for
compliance with a legal obligation, for reasons of public interest, or for the
establishment, exercise or defense of legal claims.
- Right to restriction of processing:
The right to request the restriction of the processing of
your personal data in accordance with Art. 18 DSGVO, insofar as the accuracy of
the data is disputed by you, the processing is unlawful, but you object to its
erasure and we no longer need the data, but you need it for the assertion,
exercise or defense of legal claims or you have objected to the processing in
accordance with Art. 21 DSGVO.
- Right to data portability pursuant to Art. 20 DSGVO:
You have the right to receive your personal data that you
have provided to us in a structured, commonly used and machine-readable format
or to request that it be transferred to another controller, insofar as this is
technically feasible
- Right of complaint:
You have the right to complain to a supervisory authority in
accordance with Article 77 DSGVO. As a rule, you can contact the supervisory
authority of the federal state of our registered office or, if applicable, that
of your usual place of residence or workplace for this purpose.
- Right of withdrawal:
Right to revoke consent given in accordance with Art. 7 (3)
DSGVO: You have the right to revoke consent to the processing of data once
given at any time with effect for the future. In the event of revocation, we
will delete the data concerned without delay, unless further processing can be
based on a legal basis for processing without consent. The revocation of
consent does not affect the lawfulness of the processing carried out on the
basis of the consent until the revocation;
We would like to point out that the easiest way for you to
assert your data subject rights in connection with your social media use is
against the social media company.
For Facebook, you can find more information at:
https://www.facebook.com/legal/terms/information_about_page_insights_data
For Instagram, you can find more information at:
https://help.instagram.com/155833707900388
XVII - Right to object
You have the right to object at any time, on grounds
relating to your particular situation, to the processing of personal data
concerning you which is carried out on the basis of Article 6(1)(e) DSGVO (data
processing in the public interest) and Article 6(1)(f), 49(1)(c), (2) of the
General Data Protection Regulation (data processing on the basis of a balance
of interests); this also applies to profiling based on this provision within
the meaning of Article 4 No. 4 DSGVO.
If you object, we will no longer process your personal data
unless we can demonstrate compelling legitimate grounds for the processing
which override your interests, rights and freedoms, or the processing serves
the purpose of asserting, exercising or defending legal claims.
In individual cases, we process your personal data to
conduct direct marketing. You have the right to object at any time to the
processing of personal data concerning you for the purposes of such
advertising; this also applies to profiling, insofar as it is related to such
direct advertising.
If you object to processing for direct marketing purposes,
we will no longer process your personal data for these purposes.
The objection can be made form-free and should preferably be
addressed to:
AMPLIFI COALITION AG
Nebelhornstr. 34
87561 Oberstdorf
E-Mail: contact@amplifisports.com
Phone: +49 (0)8322 3059217
We would like to point out that the easiest way to assert
your data subject rights in connection with your social media use is against
the social media company.
For Facebook, you can find more information at:
https://www.facebook.com/legal/terms/information_about_page_insights_data
For Instagram, you can find more information at:
https://help.instagram.com/155833707900388
XVIII - Obligation
to provide data
In the context of Internet or social media use, you are only
required to provide the personal data that is necessary for use or that we are
legally obligated to collect. Without this provided data, meaningful use may be
limited or impossible.
XIX - External links
Insofar as links are provided to other websites, we have
neither influence nor control over the linked content and the data protection
provisions there. We recommend that you check the data protection declarations
of linked websites when you access them in order to determine whether and to
what extent personal data is collected, processed, used or made available to
third parties.
XX - Automated
decision-making in individual cases
Fully automated decision-making pursuant to Art. 22 DSGVO
does not take place. Should we use these procedures in individual cases, we
will inform you about this separately, provided this is required by law.
XXI - Use of
data for profiling (Scoring)
We do not process your data with the aim of evaluating
certain personal aspects (profiling). In the context of data collection by
tracking services, your data will be used to evaluate your usage behavior and
possibly to create movement profiles.
XXII - Miscellaneous
At this point, we would like to inform you about other
options for protecting your rights, setting options and protecting your privacy
with social media companies.
Information from Facebook:
https://www.facebook.com/about/privacy/
as well as in the "Information on Page Insights
Data":
https://www.facebook.com/legal/terms/information_about_page_insights_data
Opt-out: https://www.facebook.com/settings?tab=ads
respectively http://www.youronlinechoices.com