Data protection

Our service providers are based in and/or use servers in the following countries, for which the European Commission has determined an adequate level of data protection by decision: Canada

2. DATA PROCESSING FOR CONTRACT FULFILLMENT AND CONTACT

2.1 DATA PROCESSING FOR CONTRACT FULFILLMENT

For the purpose of contract fulfillment pursuant to Art. 6(1) lit. b GDPR, we collect personal data when you voluntarily provide it to us as part of your order. Mandatory fields are marked as such because we strictly require the data in these cases to fulfill the contract and cannot process the order without it. The data that is collected can be seen in the respective input forms.

Further information about the processing of your data, in particular its disclosure to our service providers for the purpose of processing orders, payments, and shipping, can be found in the following sections of this privacy policy. Once the contract has been fully fulfilled, your data will be restricted from further processing and deleted after the expiration of the statutory retention periods under tax and commercial law, pursuant to Art. 6(1) lit. c GDPR, unless you have expressly consented to the further use of your data pursuant to Art. 6(1) lit. a GDPR or we reserve the right to use your data beyond this extent in a manner that is permitted by law and about which we inform you in this policy.

2.2 CUSTOMER ACCOUNT

We collect personal data when you voluntarily provide it to us when opening a customer account. Mandatory fields are marked as such because we strictly require the data in these cases to open the customer account and you cannot complete the account opening without providing it. The data that is collected can be seen in the respective input forms. We use the data you provide to fulfill the contract and process your requests pursuant to Art. 6(1) lit. b GDPR. You can delete your customer account at any time, either by sending a message to the contact details provided in this privacy policy or by using the function provided for this purpose in the customer account. Once your customer account is deleted, your data will be deleted unless you have expressly consented to the further use of your data pursuant to Art. 6(1) lit. a GDPR or we reserve the right to use your data beyond this extent in a manner that is permitted by law and about which we inform you in this policy.

2.3 CONTACT

As part of customer communication, we collect personal data to process your requests pursuant to Art. 6(1) lit. b GDPR when you voluntarily provide it to us when contacting us (e.g. via the contact form or by email). Mandatory fields are marked as such because we strictly require the data in these cases to process your contact request. The data that is collected can be seen in the respective input forms. Once your request has been fully processed, your data will be deleted unless you have expressly consented to the further use of your data pursuant to Art. 6(1) lit. a GDPR or we reserve the right to use your data beyond this extent in a manner that is permitted by law and about which we inform you in this policy.

2.4 EXCHANGES AND SIZE ADJUSTMENTS

As part of our exchange and adjustment service, we offer you the option of submitting data via a form to process your request.

In doing so, we process personal data such as your first name, email address, order number, and information about the requested size adjustment.

You also have the option to voluntarily upload images. These will be used exclusively to process your request.

If you expressly consent, anonymized content (e.g. feedback and images) may also be used for marketing purposes (e.g. social media and advertising).

Processing is based on Art. 6(1) lit. b GDPR (contract fulfillment) and, in the case of voluntary information and marketing use, on Art. 6(1) lit. a GDPR (consent).

2.5 DATA PROCESSING WHEN USING THE REVOCATION FUNCTION

If you use our online revocation function, we process the personal data you provide in the revocation form to receive your revocation statement, assign it to the correct order, confirm receipt of your revocation, and process the subsequent reversal of the transaction.

The following data may be processed in particular:

Name, email address, order number, order details, details about the revoked items, date and time of receipt of the revocation statement, revocation ID, and, if applicable, voluntary information you submit to us as part of the revocation.

Mandatory fields are marked as such because we require this data to process your revocation statement and assign it to the correct order.

Processing is carried out to fulfill and reverse the contract pursuant to Art. 6(1) lit. b GDPR and to fulfill legal obligations pursuant to Art. 6(1) lit. c GDPR. Where processing is necessary for documentation, evidence, or defense against legal claims, it is also carried out on the basis of our overriding legitimate interests pursuant to Art. 6(1) lit. f GDPR.

After submitting the revocation statement, you will receive a confirmation of receipt by email. The data required for this purpose will be processed to create and send the confirmation.

Where service providers are used to provide the revocation function, perform technical processing, send emails, or carry out further processing, this processing is carried out on our behalf pursuant to Art. 28 GDPR.

Once the revocation has been fully processed, your data will be restricted from further processing and deleted after the expiration of statutory retention and limitation periods, unless there is a further legal obligation or a legitimate interest in continued storage.

4.1 DATA PROCESSING FOR TRANSACTION PROCESSING

Depending on the selected payment method, we pass the data necessary to process the payment transaction to our technical service providers, who act as processors on our behalf, or to the engaged credit institutions or the selected payment service provider, to the extent necessary to process the payment. This is for the purpose of contract fulfillment pursuant to Art. 6(1) lit. b GDPR. In some cases, the payment service providers collect the data required to process the payment themselves, for example on their own website or through a technical integration in the ordering process. In such cases, the privacy policy of the respective payment service provider applies.

If you have any questions about our payment processing partners and the basis of our cooperation with them, please contact us using the contact details provided in this privacy policy.

4.2 DATA PROCESSING FOR FRAUD PREVENTION AND OPTIMIZATION OF OUR PAYMENT PROCESSES

Where applicable, we provide our service providers with additional data, which they use together with the data required to process the payment as our processors for the purpose of fraud prevention and the optimization of our payment processes (e.g. invoicing, processing disputed payments, supporting accounting). This is to safeguard our overriding legitimate interests in protecting ourselves against fraud or in efficient payment management, pursuant to Art. 6(1) lit. f GDPR.

4.3 IDENTITY AND CREDIT CHECKS WHEN SELECTING KLARNA PAYMENT SERVICES

Purchase on account via Klarna

If you choose the payment services of Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter Klarna), we ask for your consent pursuant to Art. 6(1) lit. a GDPR to allow us to transfer the data necessary to process the payment and perform an identity and credit check to Klarna. In Germany, credit reporting agencies listed in Klarna's privacy policy [https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/privacy] may be used for identity and credit checks. Klarna uses the information received about the statistical probability of payment default to make a balanced decision about establishing, carrying out, or terminating the contractual relationship. You can revoke your consent at any time by sending a message to the contact details provided in this privacy policy. This may result in us no longer being able to offer you certain payment options. You can also revoke your consent to this use of personal data at any time with Klarna.

5. MARKETING BY EMAIL

5.1 EMAIL NEWSLETTER WITH SIGN-UP

If you sign up for our newsletter, we use the data required for this purpose or separately provided by you to regularly send you our email newsletter based on your consent pursuant to Art. 6(1) lit. a GDPR. You can unsubscribe from the newsletter at any time, either by sending a message to the contact details provided below or by using the link provided for this purpose in the newsletter. After unsubscribing, we delete your email address from the recipient list, unless you have expressly consented to the further use of your data pursuant to Art. 6(1) lit. a GDPR or we reserve the right to use your data beyond this extent in a manner that is permitted by law and about which we inform you in this policy.

5.2 NEWSLETTER DISTRIBUTION

The newsletter may also be sent by our service providers as part of processing on our behalf. If you have any questions about our service providers and the basis of our cooperation with them, please contact us using the contact details provided in this privacy policy.

Our service providers are based in and/or use servers in the USA. There is no adequacy decision by the European Commission for the USA. Our cooperation with them is based on the European Commission's standard contractual clauses. 

6. COOKIES AND OTHER TECHNOLOGIES

 GENERAL INFORMATION

To make visiting our website attractive and to enable the use of certain functions, we use technologies on various pages, including so-called cookies. Cookies are small text files that are automatically saved on your device. Some of the cookies we use are deleted after the browser session ends, i.e. after you close your browser (so-called session cookies). Other cookies remain on your device and allow us to recognize your browser again on your next visit (persistent cookies).

We use such technologies that are strictly necessary for the use of certain functions of our website (e.g. the shopping cart function). These technologies collect and process your IP address, the time of your visit, device and browser information, as well as information about your use of our website (e.g. information about the contents of the shopping cart). This is based on overriding legitimate interests in optimizing the presentation of our offer pursuant to Art. 6(1) lit. f GDPR.

We also use technologies to fulfill our legal obligations (e.g. to be able to prove consent to the processing of your personal data) as well as for web analysis and online marketing. Further information on this, including the respective legal basis for data processing, can be found in the following sections of this privacy notice.

You can find the cookie settings for your browser at the following links: Microsoft Edge™ [https://support.microsoft.com/de-de/help/4027947/microsoft-edge-delete-cookies] / Safari™ [https://support.apple.com/de-de/guide/safari/sfri11471/12.0/mac/10.14] / Chrome™ [https://support.google.com/chrome/answer/95647?hl=de&hlrm=en] / Firefox™ [https://support.mozilla.org/de/products/firefox/protect-your-privacy/cookies] / Opera™ [https://help.opera.com/de/latest/web-preferences/#cookies]

To the extent that you have consented to the use of the technologies pursuant to Art. 6(1) lit. a GDPR, you can revoke your consent at any time by sending a message to the contact details provided in the privacy notice.

7. USE OF COOKIES AND OTHER TECHNOLOGIES FOR WEB ANALYSIS AND ADVERTISING PURPOSES

To the extent that you have given your consent pursuant to Art. 6(1) lit. a GDPR, we use the following cookies and other third-party technologies on our website. Once the purpose has been fulfilled and we have ceased using the respective technology, the data collected in this context will be deleted. You can revoke your consent at any time with effect for the future. Further information about your options for revocation can be found in the section "Cookies and other technologies". Further information, including the basis of our cooperation with the individual providers, can be found under the individual technologies. If you have any questions about the providers and the basis of our cooperation with them, please contact us using the contact details provided in this privacy notice.

7.1 USE OF GOOGLE SERVICES FOR WEB ANALYSIS AND ADVERTISING PURPOSES

We use the following technologies from Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Ireland ("Google"). The information automatically collected by Google technologies about your use of our website is generally transferred to a server of Google LLC, 1600 Amphitheatre Parkway Mountain View, CA 94043, USA, and stored there. There is no adequacy decision by the European Commission for the USA. Our cooperation with them is based on the European Commission's standard contractual clauses. If your IP address is collected via Google technologies, it will be shortened by activating IP anonymization before being stored on Google's servers. Only in exceptional cases will the full IP address be transferred to a Google server and shortened there. Unless otherwise stated for the individual technologies, data processing is based on an agreement concluded between joint controllers pursuant to Art. 26 GDPR. Further information about data processing by Google can be found in Google's privacy notices [https://policies.google.com/privacy?hl=de].

GOOGLE ANALYTICS

For the purpose of website analysis, Google Analytics automatically collects and stores data (IP address, time of visit, device and browser information, as well as information about your use of our website), from which usage profiles are created using pseudonyms. Cookies may be used for this purpose. Your IP address is generally not combined with other data from Google. Data processing is based on a Google data processing agreement.

For the purpose of optimizing the marketing of our website, we have activated the data sharing settings for "Google Products and Services". Google can thus access the data collected and processed by Google Analytics and subsequently use it to improve Google services. Data sharing with Google under these data sharing settings is based on an additional agreement between controllers. We have no influence on the subsequent data processing by Google.

YOUTUBE VIDEO PLUGIN

For the purpose of embedding third-party content, the YouTube Video Plugin collects data (IP address, time of visit, device and browser information) in the enhanced privacy mode we use, transmits it to Google, and Google subsequently processes it only when you play a video.

7.2 USE OF FACEBOOK SERVICES FOR WEB ANALYSIS AND ADVERTISING PURPOSES

USE OF FACEBOOK PIXEL

We use the Facebook Pixel as part of the following technologies from Facebook Ireland Ltd [https://de-de.facebook.com/facebookdublin/], 4 Grand Canal Square, Dublin 2, Ireland ("Facebook"). With the Facebook Pixel, data (IP address, time of visit, device and browser information, as well as information about your use of our website based on events we specify, such as visiting a website or signing up for a newsletter) is automatically collected and stored, from which usage profiles are created using pseudonyms. As part of the so-called enhanced matching, information for matching purposes is also collected and stored in hashed form, which can be used to identify individuals (e.g. names, email addresses, and phone numbers). When you visit our website, the Facebook Pixel automatically sets a cookie that automatically enables the recognition of your browser when visiting other websites using a pseudonymous cookie ID. Facebook will combine this information with other data from your Facebook account and use it to compile reports on website activity and to provide further services related to website use, in particular personalized and group-based advertising.

The information automatically collected by Facebook technologies about your use of our website is generally transferred to a server of Facebook, Inc., 1601 Willow Road, Menlo Park, California 94025, USA, and stored there. There is no adequacy decision by the European Commission for the USA. If the data transfer to the USA falls under our responsibility, our cooperation is based on the European Commission's standard contractual clauses. Further information about data processing by Facebook can be found in Facebook's privacy notices [https://de-de.facebook.com/policy.php].

FACEBOOK ANALYTICS

As part of Facebook Analytics, statistics on visitor activity on our website are created from the data collected with the Facebook Pixel about your use of our website. Data processing is based on a data processing agreement with Facebook. Your analysis serves to optimally present and market our website.

FACEBOOK ADS

We use Facebook Ads to advertise this website on Facebook as well as on other platforms. We determine the parameters of the respective advertising campaign. Facebook is responsible for the exact implementation, in particular the decision on the placement of ads for individual users. Unless otherwise stated for the individual technologies, data processing is based on an agreement between joint controllers pursuant to Art. 26 GDPR. Joint responsibility is limited to the collection of data and its transmission to Facebook Ireland. Facebook Ireland's subsequent data processing is not covered by this.

Based on the statistics created about visitor activity on our website using Facebook Pixel, we run group-based advertising on Facebook via Facebook Custom Audience by determining the characteristics of the respective target group. As part of the enhanced matching used to determine the respective target group (see above), Facebook acts as our data processor.

Based on the pseudonymous cookie ID set by Facebook Pixel and the data collected about your usage behavior on our website, we run personalized advertising via Facebook Pixel Remarketing.

Via Facebook Pixel Conversions, we measure the following usage behavior when you have reached our website via an ad from Facebook Ads for web analysis and event tracking. Data processing is based on a data processing agreement with Facebook.

7.3 USE OF NEWSLETTER POP-UP

When filling out the email newsletter pop-up, you agree that our team may store and use your email address for marketing purposes. This consent can only be revoked in writing. We comply with applicable data protection laws and promise to treat your data confidentially. If you have any questions about this, please contact us at any time.

8. SOCIAL MEDIA

8.1 SOCIAL PLUGINS FROM FACEBOOK, INSTAGRAM

Social buttons from social networks are used on our website. These are merely embedded in the page as HTML links, so that no connection is established with the server of the respective provider when you visit our website. If you click on one of the buttons, the website of the respective social network opens in a new window of your browser. There you can, for example, click the like or share button.

8.2 OUR ONLINE PRESENCE ON FACEBOOK, INSTAGRAM, YOUTUBE

To the extent that you have given your consent pursuant to Art. 6(1) lit. a GDPR to the respective social media operator, your data will be automatically collected and stored for market research and advertising purposes when you visit our online presences on the social media mentioned above, from which usage profiles are created using pseudonyms. These can be used to, for example, place advertising within and outside the platforms that presumably correspond to your interests. Cookies are generally used for this purpose. For detailed information on the processing and use of data by the respective social media operator, as well as a contact option and your rights and setting options regarding the protection of your privacy, please refer to the privacy notices of the providers linked below. If you still need help in this regard, you can contact us.

Facebook [https://www.facebook.com/about/privacy/] is an offering of Facebook Ireland Ltd., 4 Grand Canal Square, Dublin 2, Ireland ("Facebook Ireland"). The information automatically collected by Facebook Ireland about your use of our online presence on Facebook is generally transferred to a server of Facebook, Inc., 1601 Willow Road, Menlo Park, California 94025, USA, and stored there. There is no adequacy decision by the European Commission for the USA. Our cooperation with them is based on the European Commission's standard contractual clauses. Data processing during the visit to a Facebook Fanpage is based on an agreement between joint controllers pursuant to Art. 26 GDPR. Further information (information about Insights data) can be found here [https://www.facebook.com/legal/terms/information_about_page_insights_data].

Instagram [https://help.instagram.com/519522125107875] is an offering of Facebook Ireland Ltd., 4 Grand Canal Square, Dublin 2, Ireland ("Facebook Ireland"). The information automatically collected by Facebook Ireland about your use of our online presence on Instagram is generally transferred to a server of Facebook, Inc., 1601 Willow Road, Menlo Park, California 94025, USA, and stored there. There is no adequacy decision by the European Commission for the USA. Our cooperation with them is based on the European Commission's standard contractual clauses. Data processing during the visit to an Instagram Fanpage is based on an agreement between joint controllers pursuant to Art. 26 GDPR. Further information (information about Insights data) can be found here [https://www.facebook.com/legal/terms/information_about_page_insights_data].

YouTube [https://policies.google.com/privacy?hl=de] is an offering of Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Ireland ("Google"). The information automatically collected by Google about your use of our online presence on YouTube is generally transferred to a server of Google LLC, 1600 Amphitheatre Parkway Mountain View, CA 94043, USA, and stored there. There is no adequacy decision by the European Commission for the USA. Our cooperation with them is based on the European Commission's standard contractual clauses.

9. USE OF THE APP FOR DATA ANALYSIS

b-ecom force GmbH (Brand: Fitorb) exclusively provides the hardware and is not responsible for the processing of personal data in the context of app use.

9.1 RESPONSIBILITY FOR DATA PROCESSING

Data collection, processing, and storage in the context of using the accompanying app is carried out exclusively by an independent third-party provider that provides and operates the app. This third-party provider is the sole controller pursuant to Art. 4(7) GDPR for all processing activities related to the app.

b-ecom force GmbH (Brand: Fitorb) has neither access to the personal data processed via the app nor does it decide on its processing. There is no joint responsibility in the sense of Art. 26 GDPR. Fitorb is not responsible for the content, functionality, or data protection implementation of the app.

Fitorb assumes no responsibility or liability for the processing of personal data by the respective app provider. This includes all data processing that lies entirely and exclusively within the responsibility of the third-party provider.

9.2 CONSENT TO DATA PROCESSING

The use of the app requires your prior express consent to data processing by the third-party provider. Before use, the provider's privacy notice is made available to you within the app. You are obliged to inform yourself about the data processing procedures described therein.

The use of the app is required for the function of the ring. Data processing of personal data within the app is based on your voluntary consent to the app provider. This consent can be revoked at any time with effect for the future pursuant to Art. 7(3) GDPR with the app provider.

9.3 PROTECTION OF YOUR DATA THROUGH ENCRYPTION

The stored data is protected by modern encryption technologies. Access to the data requires physical possession of the ring as well as the use of the corresponding app. We recommend using the ring and app exclusively in person to ensure the best possible security of your data.

10. CONTACT OPTIONS AND YOUR RIGHTS

10.1 YOUR RIGHTS

As a data subject, you have the following rights:

* pursuant to Art. 15 GDPR the right to request information about your personal data processed by us within the scope designated therein;

* pursuant to Art. 16 GDPR the right to request the immediate correction of incorrect or completion of your personal data stored with us;

* pursuant to Art. 17 GDPR the right to request the deletion of your personal data stored with us, unless further processing

* is required 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;

* pursuant to Art. 18 GDPR the right to request the restriction of the processing of your personal data, provided

* you contest the accuracy of the data;

* the processing is unlawful, but you refuse its erasure;

* we no longer require the data, although you require it for the establishment, exercise or defense of legal claims or

* you have objected to the processing pursuant to Art. 21 GDPR;

* pursuant to Art. 20 GDPR, you have the right to receive the personal data you have provided to us in a structured, commonly used and machine-readable format or to request its transmission to another controller;

* pursuant to Art. 77 GDPR, you have the right to lodge a complaint with a supervisory authority. As a rule, you can do this by contacting the supervisory authority of your usual place of residence or place of work or our company’s place of establishment.

Right to object

To the extent that we process personal data as explained above to safeguard our legitimate interests which prevail in the course of a balancing of interests, you may object to such processing with effect for the future. If the processing is for direct marketing purposes, you may exercise this right at any time as described above. To the extent that the processing is for other purposes, you only have a right to object if there are grounds arising from your particular situation.

Once you have exercised your right to object, we will no longer process your personal data for those purposes unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or if the processing is necessary for the establishment, exercise or defense of legal claims.

This does not apply if the processing is for direct marketing purposes. In that case, we will no longer process your personal data for that purpose.

10.2 CONTACT DETAILS

If you have any questions about the collection, processing or use of your personal data, or if you require information, correction, restriction or erasure of data, or wish to withdraw consent or object to a specific use of data, please contact us directly using the contact details in our legal notice.