Data protection

A. Name and contact details of the person responsible for processing

 

Controller as per GDPR and other provisions of data protection law for data processing:

KD Tennis Academy GmbH
Frankfurter Straße 83
65239 Hochheim am Main

Tel.: 0049 / 6146 – 52898-0
Email: info@bb-ita.com

Managing Directors and authorized representatives: Khaled Ezzedine und Daniel Köhler

B. Scope of processing of personal data, purpose of processing

 

1. Accessing the website and creating log files

a) Description of data processing, saving

Each time the website is accessed, the system we use (hereinafter referred to as “our system”) automatically gathers data and information from the user’s end device. These are transmitted by the browser on the end device. The following data is collected:

• Information on the browser type and version used
• The user’s operating system
• The user’s IP address in abbreviated form
• Date and time of access
• Websites from which the user’s system accesses our website (referrer URL)
• The pages of our website accessed by the user
• Name of the file accessed
• Notification of whether access was successful

This data is erased in the log files of our system after seven days, unless its processing is needed in order to maintain our vital interests in exceptional cases (e.g. to instigate blocking of IP addresses, to bring criminal charges). The data is erased as soon as it is no longer required in order to fulfil the purpose of its collection.

The data is not saved and/or combined together with other personal data of the user.

b) Purpose & legal basis of data processing

The data listed under a) is captured

• in order to enable the website to be delivered to the user’s end device. The legal basis for this is Art. 6 Para. 1 lit. f GDPR. The temporary capture of the IP address in order to display pages accessed by the user is technically necessary for this and represents a legitimate interest on our part under Art. 6 Para. 1 Clause 1 f GDPR that is not barred by overriding interests of the user.
• in order to guarantee the security of the web server used and trouble-free operation of our website, e.g. monitoring to prevent or uncover hacker attacks. These purposes represent a legitimate interest on our part under Art. 6 Para.1 Clause 1 f GDPR that is not barred by overriding interests of the user.

c) Disclosure/recipients of the data

The data captured is saved by our web hosting provider. This provider works on our behalf and provides storage space for our website. Our web hosting provider also provides further services in connection with this, e.g. saving the associated data processing procedures and ensures that the website is accessible on the internet. The service provider is based in the European Union or in a country in the European Economic Area and works on our behalf. The service provider has been carefully selected by us, is subject to our instruction and is monitored regularly.

The data captured in accordance with a) is not transmitted to third parties unless this is required in the case of attacks on our IT, see above under b), for example as part of bringing criminal charges with criminal authorities.

d) Objection

The capture of the IP address is urgently necessary in order to provide the website and the saving of data is urgently necessary for the operation of the website. The user therefore has no option to object.

Regarding the other personal data processed as per 1 a), you have the right to object at any time to processing for reasons resulting from your particular situation, cf. also further information in Section C.

 

2. Contact

a) Description of data processing, saving

You can contact us using the email addresses and telephone numbers shown in the legal notice and the other pages of our website. In this case, the personal data of the user transmitted in the email or during the phone call is captured.

The data is used to examine and respond to your enquiry. You may be sent receipt confirmation. If you share your name and postal address with us, we process this data as per Section B 3 (Postal advertising).

We erase the data on you captured due to contact as soon as

• it is no longer required in order to fulfil the purpose of its collection,
• we are not/no longer legally obligated to save/store it (incl. § 147 AO, § 257 HGB),
• it is not/no longer needed to assert, exercise or defend legal claims, and
• our vital interests in the processing, valid at the time of collection, no longer exist, your interests worthy of protection override these, or such arise from a contradiction in your particular situation.

Where the message refers to a concluded contract or a contract under negotiation or the message triggers contract negotiation, we save your message and any subsequent communication (content and time) until any legal claims against us resulting from this have expired.

b) Purpose & legal basis of data processing

The personal data from your message is processed in order to process the contact. Your name, your email address and any other data you have provided is saved in order to respond to the enquiry.

Where the message refers to a concluded contract or a contract under negotiation or the message triggers contract negotiation, it is our vital interest to save your message and any subsequent communication (content and time) until any legal claims against us resulting from this have expired.

The legal basis for this is Art. 6 Para. 1 lit. f GDPR. There are no overriding interests of the data subject worthy of protection.

Where your contact has the aim of concluding a contract or relates to a concluded contract or contract under negotiation, an additional legal basis for processing is Art. 6 Para. 1 lit. b GDPR.

The purpose of saving your IP address and time of contact is to verify your enquiry and enable any misuse of your personal data to be resolved. The legal basis for the processing of this data is Art. 6 Para. 1 lit. f GDPR. There are no overriding interests of the data subject worthy of protection.

c) Disclosure

Enquiries transmitted via email are saved at our email web hosting provider. The provider works on our behalf and provides us with storage space and saves the data processing procedures associated with this. This service provider has been carefully selected by us, is subject to our instruction and is monitored regularly. The service provider is based in the European Union or in a country in the European Economic Area. The data is saved in the Federal Republic of Germany.

d) Option of objection and disposal

You can object at any time to the use of your personal data, processed by us based on Art. 6 Para. 1 lit. f GDPR due to vital interest, for reasons resulting from your particular situation. Section C applies in addition.

 

3. Postal advertising (mail)

a) Description of data processing, saving, purpose, disclosure

If you share your name and postal address with us, we save this for the purpose of sending possible postal advertising (mail) on our services in the future. The data may be made accessible to an external service provider commissioned for franking and shipping. This service provider acts on our instructions and on our behalf. The service provider is based in the European Union. There is no other disclosure to third parties. The data is erased as soon as it is no longer required in order to fulfil the purpose of its collection or you object to its processing.

b) Legal basis for data processing, option of objection

The legal basis for the data processing under a) is Art. 6 Para. 1 lit. f GDPR. Sending promotional information by post is a legitimate interest of our company. You can object to this use of your personal data at any time. In this case, we will cease to send postal advertising. Section C applies in addition.

 

4. Online shop

a) Description of data processing

As part of the order process, we gather the data required in order to check and implement your order. This data is marked as mandatory fields. The provision of further data is optional. Mandatory information:

• Full name
• A valid email address
• Billing address and different delivery address, if applicable
• Chosen payment type

You can then check again whether you want to order the selected items and make any necessary changes. These procedures are not legally binding. Only once you have clicked the “zahlungspflichtig bestellen” button will your order be sent to us; you thus bindingly offer us the conclusion of a purchase contract. We will confirm receipt of your order immediately via email and save the order in our IT system. You cannot access the content of the order via this system. We also capture and save the date and time of order receipt.

We will inform you via email of acceptance or rejection of the order.

b) Saving

The provisions of trade and tax law obligate us to save your address, payment and order data for a period of ten years. Upon expiry of the regular period of limitation following conclusion of the purchase contact, your data is limited for further processing and only used to defend against any legal claims and to adhere to statutory obligations. Excepted from this is the data gathered as per B 3 (Postal advertising). If we do not accept your order, the data is erased.

c) Purpose & legal basis of data processing

The purpose of saving the time that the order is sent is to verify your order and enable any misuse of your personal data to be resolved. The legal basis for the processing of this data is Art. 6 Para. 1 lit. f GDPR.

Any processing of personal data during checking and execution of the order is conducted

• to enable you to be identified as the orderer:
• to enable order acceptance to be checked;
• to clarify any queries regarding the products ordered;
• to enable the goods purchased to be delivered;
• for invoicing;
• to process any guarantee and other legal claims that you assert against us;
• to assert any claims against you.

The legal basis for data processing is Art. 6 Para. 1 lit. b GDPR.

d) Weitergabe, Empfänger

When you order goods in our online shop, we process the order process in the shop software we use, the order receipt is sent to you by email via our web hosting partner and saved in the shop software, and the order is transferred to our IT system. The shop software, the shop and our website are hosted, the data captured/generated in the shop, and the order receipt confirmation email sent by service providers based in the EU. These service providers work on our behalf and have been carefully selected. The same applies for the saving of the order and the invoice to fulfil periods of retention under trade and tax law.

Our order acceptance declaration or order rejection is sent via our email server. The delivery address you provide is made accessible to our shipping service provider/distributor for the purpose of delivering the order. There is no other disclosure of any personal data to third parties.

e) Option of objection and disposal

You can object to the saving of the time the order is sent at any time, cf. Section C.

 

5. Newsletter subscription

a) Description of data processing, saving

There is the option of subscribing to our free newsletter.

We use the double opt-in process for this. This means that, when you register, we send an email to the email address provided, asking you to confirm that you want to receive the newsletter.

A copy of the emails exchanged during registration, the times of registration or the receipt/sending of the emails, and your IP address for login are transmitted and saved.

b) Purpose & legal basis of data processing

Your email address and any other data you have provided is saved in order to send you the newsletter. The legal basis for this is Art. 6 Para. 1 lit. a GDPR.

The purpose of saving your IP address and the time at which you subscribed to the newsletter/the confirmation email was sent is to verify your registration and enable any misuse of your personal data to be resolved. The legal basis for the processing of this data is Art. 6 Para. 1 lit. a and c and Art. 7 Para. 1 GDPR.

c) Disclosure/recipients of the data

The newsletter is sent using the tool of a German company. The data is saved and processed at sites within the European Union.

We also use a tool from a German company to gain consent. The data processed for this is cached and processed at sites within the European Union.
The service providers work on our behalf and have been carefully selected.

d) Objection/withdrawal

You can unsubscribe from the newsletter at any time. Each newsletter contains a link for this purpose (unsubscribe from newsletter). You can also use this link to unsubscribe from the newsletter.

This also withdraws the consent granted for the sending of the newsletter via email.

 

6. Download of PDF files

Via our website, you can open and/or download information documents provided in PDF form. In this process, we only temporarily capture the data listed under B 1 (log files). Otherwise, the information in B 1 applies here, too.

 

7. Links

a) Description of data processing, saving period, erasure

The homepage and other pages of our website contain links to other websites, to social media platforms and, in some cases, to subpages of our website. By using these external links, you, the user, leave our website. The linked page is opened in a separate browser window.

To ease recognition, the external links are coloured and underlined, e.g. Instagram, Facebook and LinkedIn logos.

You will only be redirected by an external link if you actively click it. In this case, our web server transmits your IP address and usually the name of our website as the redirecting site to the operator of the third-party site. Your IP address is thus visible to the operator of the third-party site. This operator uses your IP address to display the content of that site. We capture which URLs the user has requested.

We are not specifically aware of and have no influence over whether and to what extent the third-party provider will also use your IP address for other purposes. Please see the data protection information of the respective website operator for more information on this. It is technically possible to use a range of methods (e.g. cookies, beacons, fingerprinting, reading advertising or device IDs) to gather further data on the visitor to the website and to share this with third parties, if applicable. It may be possible for the third-party provider to identify you in this process due to the additional information available there, e.g. due to a user account created with the third-party provider, an email address saved with the third-party provider, or additional information from cookies used by the third-party provider.

b) Purpose & legal basis of data processing

Transmission of your IP address to the third-party provider is technically required in order to redirect you to the linked external website (purpose of data processing). The incorporation of such links expands the information we offer and serves advertising purposes. This is a vital interest in data processing as per Art. 6 Para. 1 lit. f GDPR that is not barred by overriding interests of the user. The legal basis for the data processing under a) is Art. 6 Para. 1 lit. f GDPR.

The user is free to decide whether to use the links shown. This is not necessary for contract conclusion.

c) Disclosure, recipients

Your IP address abbreviated as per c 1 and the third-party URL sometimes requested are saved in the log files at our web hosting provider. This provider works on our behalf and provides storage space for our website. In addition, our web hosting provider provides further services in connection with this, cf. Section B 1 c) of this information. The service provider is based in the European Union or in a country in the European Economic Area. The data captured in accordance with a) is not transmitted to further third parties unless this is required in the case of attacks on our IT, see above under Section B 1 b), for example as part of bringing criminal charges with criminal authorities.

d) Objection

The transmission of the user’s IP address is essential for redirection to the required linked third-party site. The user therefore has no option to object. Where data processing is not desired, the link must not be used. Otherwise, the user can object to the capture of the data requested, cf. Section C.

 

8. Jobs/applications

a) Description of data processing, saving, purpose

You can send us an application by post or email. When the sub-page “About us / Jobs” is accessed, we process the data captured by this access, cf. the information under B 1) of this Privacy Policy. We also process the data that you send to us with your application in order to examine your suitability for the vacant position and to conduct the application process. In case of rejection, we erase the data transmitted by you within six months of transmission of the rejection. Where you have given us your consent to further saving in order to use your data to examine other vacant positions in the future, we will save the data in line with the consent given until you withdraw such consent. Where you are selected for the position in the application process, the data will be transferred from the applicant data system into our human resources information system.

b) Legal basis for data processing

The legal basis for the processing of your personal data in this application process is § 26 Bundesdatenschutzgesetz (BDSG). This states that it is permissible to process the data required in connection with the decision on the justification for an employment relationship. Where the data is required after conclusion of the application process for prosecution, where applicable, data processing can be conducted based on the requirements of Article 6 GDPR, in particular to exercise vital interests as per Article 6 Para 1 Clause 1 lit. f) GDPR. Our interest then lies in the assertion or defence of claims.

c) Disclosure of personal data, recipients of the data

When transmitted via email, the data captured as per a) is saved on our email server and further processed in our IT system, if applicable. You applicant data is viewed by our human resources officer following receipt of your application. Suitable applications are then forwarded internally to the staff responsible in the department with the vacant position in each case. Further proceedings are then decided. Within the company, only those persons have access to your data who require this access for the proper execution of our application process.

d) Right of objection

You can object to the saving of data that may be required for prosecution, processed based on Art. 6 Para. 1 Clause 1 lit. f GDPR, at any time, cf. Section C.

 

9. End devices: Consent to access to and use of information

We use a consent box in order to gain your consent to specific procedures.

The legal background to this is:

• German Law Governing Data Protection and Protection of Privacy in Telecommunications and Telemedia (TTDSG)
• General Data Protection Regulation (GDPR)

The TTDSG protects your privacy when you use an end device (smartphone, computer etc.). Information saved on the end device is protected, even if it is not personal data. The law also protects against the saving of information on the end device (e.g. protection against saving of cookies).

The law permits the saving of information or access to information already saved on your end device in certain cases. If this is not the case, the procedure is permissible if you grant consent for this. Where personal data is also gathered and/or later processed as part of the procedure, we also ask you to grant consent for this; you can withdraw this consent at any time.

You can grant us this consent for the procedures named in each consent box. Where we also process personal data as a consequence, the GDPR applies. You can find information on the processing of your personal data in our Privacy Policy.

We save any decision made by us on this (rejection/granting of consent for the use of a specific tool in addition to data processing) in a cookie in your browser. This cookie records which selection decision you have made. Our system reads this cookie when you visit our website and uses the tools that you have agreed to. The cookie has a life span of 14 days and does not disclose any data to third parties. It is a first party cookie.

C. Rights of the data subject

 

As the data subject, you have the following rights in relation to us regarding the personal data concerning you:

• Right of access free of charge as per Article 15 GDPR
• Right to correction or erasure as per Article 15 and 16 GDPR
• Right to limitation of processing as per Article 18 GDPR
• Right of objection to processing as per Article 21 GDPR
• Right to portability of data as per Article 20 GDPR
• Right to withdraw consent granted under data protection law as per Article 7 Para. 3 GDPR
• Right not to be subject to a decision based solely on automated processing as per Article 22 GDPR

You also have the right to lodge a complaint with a data protection supervisory authority regarding our processing of your personal data.

Should you have any questions on data processing and in order to exercise your rights, please contact us as the controller or our data protection officer. You will find the contact information under Section A.