Data protection
foreword
We, Avocado Sports LAB GmbH & Co. KG (hereinafter: "the company", "we" or "us") take the protection of your personal data seriously and would like to inform you about data protection in our company.
As part of our data protection responsibility, additional obligations have been imposed on us by the entry into force of the EU General Data Protection Regulation (Regulation (EU) 2016/679; hereinafter: "GDPR") in order to protect personal data of the person affected by processing ( we address you as the data subject in the following as "customer", "user", "you", "your" or "data subject").
Insofar as we decide on the purposes and means of data processing either alone or together with others, this includes above all the obligation to inform you transparently about the type, scope, purpose, duration and legal basis of the processing (cf. Art. 13 and 14 DS- GMO). With this declaration (hereinafter: "Privacy Policy") we inform you how your personal data is processed by us.
Our data protection notices have a modular structure. They consist of a general part for any processing of personal data and processing situations that come into play every time a website is called up (A. General) and a special part, the content of which relates only to the processing situation specified there with the designation of the respective offer or product refers, in particular to visits to websites, which are described in more detail here (e.g. visits to websites).
A. General
(1) Definitions
Based on the model of Art. 4 DS-GVO, this data protection notice is based on the following definitions:
– "Personal data" (Art. 4 No. 1 DS-GVO) is all information relating to an identified or identifiable natural person ("data subject ") relate. A person can be identified if they can be identified directly or indirectly, in particular by means of an assignment to an identifier such as a name, an identification number, an online identifier, location data or using information about their physical, physiological, genetic, psychological, economic, cultural or social identity characteristics can be identified. The identifiability can also be provided by linking such information or other additional knowledge. The origin, form or embodiment of the information is irrelevant (photos, video or sound recordings can also contain personal data).
– "Processing" (Art. 4 No. 2 DS-GVO) is any process in which personal data is handled, whether with or without using automated (ie technology-enabled) processes. In particular, this includes collecting (ie acquiring), recording, organizing, arranging, storing, adapting or changing, reading out, querying, using, disclosing through transmission, distribution or other provision, comparison , the linking, the restriction, the deletion or the destruction of personal data as well as the change of an objective or purpose on which data processing was originally based.
– "Responsible" (Art. 4 No. 7 DS-GVO) is the natural or legal person, authority, institution or other body who alone or decides together with others on the purposes and means of processing personal data.
– "Third party" (Art. 4 No. 10 GDPR) is any natural or legal person, authority, institution or other body other than the person concerned, the controller, the processor and the persons who, under the direct responsibility of the controller or processor, are authorized to process the personal data.
– "Processor" (Art. 4 No. 8 DS-GVO) is a natural or legal person, authority, institution or other body that processes personal data processed on behalf of the person responsible, in particular in accordance with their instructions (e.g. IT service provider). In terms of data protection law, a processor is in particular not a third party.
– "Consent" (Art. 4 No. 11 DS-GVO) of the data subject means any voluntarily given for the specific case, in an informed manner and unequivocally Expression of will in the form of a declaration or other clear confirmatory action with which the data subject indicates that they agree to the processing of their personal data.
(2) Name and address of the data controller
We are responsible for the processing of your personal data within the meaning of Art. 4 No. 7 DS-GVO:
Avocado Sports LAB GmbH & Co. KG
Fritz-Hoffmann-Str. 64, 06116 Halle (Saale) Tel: +491732585009
arthur.taubert@avocado-sports.com
For further information about our company, please refer to the imprint information on our website [link to imprint].
(3) Contact details of the data protection officer
Our company data protection officer is always available to answer any questions you may have and to act as your contact person on the subject of data protection. His contact details are:
Avocado Sports LAB GmbH & Co. KG
Fritz-Hoffmann-Str. 64, 06116 Halle (Saale)
(4) Legal bases for data processing
In principle, any processing of personal data is prohibited by law and is only permitted if the data processing falls under one of the following justifications:
– Article 6 Paragraph 1 Sentence 1 lit has indicated by a statement or other unequivocal confirmatory action that he consents to the processing of his personal data for one or more specific purposes;
– Art. 6 (1) sentence 1 lit. b GDPR: If the processing is to fulfill a contract to which the data subject is party, or is necessary to carry out pre-contractual measures, which are carried out at the request of the person concerned;
– Art. 6 (1) sentence 1 lit. c GDPR: If the processing is necessary to fulfill a legal obligation to which the person responsible is subject (e.g. a statutory retention requirement);
– Article 6 paragraph 1 sentence 1 lit. d GDPR: If the processing is necessary to protect the vital interests of the data subject or another natural person to protect person;
– Article 6 paragraph 1 sentence 1 lit. e GDPR: If the processing is necessary for the performance of a task that is in the public interest lies or takes place in the exercise of public authority that has been transferred to the person responsible or
– Art. 6 Para. 1 S. 1 lit or economic) interests of the person responsible or a third party, unless the conflicting interests or rights of the person concerned prevail (especially if the person concerned is a minor).
The storage of information in the end user's terminal equipment or the access to information already stored in the terminal equipment is only permitted if it is covered by one of the following justifications:
– Section 25 (1) TTDSG: If the end user has consented on the basis of clear and comprehensive information. Consent must be given in accordance with Article 6 Paragraph 1 Clause 1 Letter a GDPR;
– Section 25 Paragraph 2 No. 1 TTDSG: If the sole purpose is to carry out the transmission of a message via a public telecommunications network or
– § 25 Para. 2 No. 2 TTDSG: If storage or access is absolutely necessary so that the provider of a telemedia service can provide a telemedia service expressly requested by the user can provide.
For the processing operations we carry out, we indicate below the applicable legal basis in each case. Processing can also be based on several legal bases.
(5) Data Erasure and Storage Duration
For the processing operations we carry out, we state below how long the data will be stored by us and when it will be deleted or blocked. Unless an express storage period is specified below, your personal data will be deleted or blocked as soon as the purpose or legal basis for storage no longer applies. In principle, your data is only stored on our servers in Germany, subject to a possible transfer according to the regulations in A.(7).
However, storage can take place beyond the specified time in the event of an (impending) legal dispute with you or other legal proceedings or if storage is provided for by statutory provisions to which we are subject as the person responsible (e.g. Section 257 HGB, Section 147 AO). . If the storage period prescribed by the statutory provisions expires, the personal data will be blocked or deleted, unless further storage by us is necessary and there is a legal basis for this.
(6) Data Security
We use appropriate technical and organizational security measures to protect your data against accidental or intentional manipulation, partial or complete loss, destruction or unauthorized access by third parties (e.g. TSL encryption for our website), taking into account the state of the art and the implementation costs and the nature, scope, context and purpose of the processing and the existing risks of a data breach (including its likelihood and impact) for the data subject. Our security measures are continuously improved in line with technological developments.
We will be happy to provide you with more information on this upon request.
(7) Cooperation with processors
We use external domestic and foreign service providers to handle our business transactions (e.g. for the areas of IT, logistics, telecommunications, sales and marketing). They only act according to our instructions and have been contractually obliged to comply with the data protection regulations in accordance with Art. 28 DS-GVO.
(8) No automated decision-making (including profiling)
We do not intend to use any personal information collected from you for any automated decision-making process (including profiling).
(9) Legal obligation to transmit certain data
Under certain circumstances, we may be subject to a special statutory or legal obligation to make lawfully processed personal data available to third parties, in particular public bodies (Art. 6 Para. 1 S. 1 lit. c DS-GVO).
(10) Your Rights
You can assert your rights as a data subject with regard to your processed personal data at any time using the contact details given under A.(2). As a data subject, you have the right:
– to request information about your data processed by us in accordance with Art. 15 DS-GVO. In particular, you can obtain information about the processing purposes, the category of data, the categories of recipients to whom your data was or will be disclosed, the planned storage period, the existence of a right to correction, deletion, restriction of processing or objection, the existence of a right of appeal , the origin of their data, if they were not collected from us, as well as the existence of automated decision-making including profiling and, if necessary, meaningful information about their details;
– pursuant to Art. 16 GDPR to immediately request the correction of incorrect data or the completion of your data stored by us;
– in accordance with Art. 17 DS-GVO to request the deletion of your data stored by us, provided that the processing is not used to exercise the right to freedom of expression and information, is required to fulfill a legal obligation, for reasons of public interest or to assert, exercise or defend legal claims;
– to demand the restriction of the processing of your data in accordance with Art. 18 DS-GVO, insofar as the accuracy of the data is disputed by you or the processing is unlawful;
– in accordance with Art. 20 DS-GVO to receive your data that you have provided to us in a structured, common and machine-readable format or to transmit it to a to request another controller ("data portability");
– to object to the processing pursuant to Art. 21 GDPR if the processing is based on Art. 6 (1) sentence 1 lit. e or lit. f GDPR takes place. This is particularly the case if the processing is not necessary to fulfill a contract with you. Unless it is an objection to direct advertising, we ask that you explain the reasons why we should not process your data as we have done when exercising such an objection. In the event of your justified objection, we will examine the situation and will either stop or adjust the data processing or show you our compelling reasons worthy of protection on the basis of which we will continue the processing;
– according to Art. 7 Para. 3 DS-GVO Your consent once given - i.e. your voluntary, in an informed manner and unmistakably by a declaration or another clear one confirmatory action made clear that you agree to the processing of the personal data concerned for one or more specific purposes - to revoke this at any time to us if you have given such consent. As a result, we are no longer allowed to continue the data processing based on this consent for the future and
– to complain to a data protection supervisory authority about the processing of your personal data in our company in accordance with Art. The competent supervisory authority for data protection issues is the state data protection officer of the federal state in which our company is based. A list of data protection officers and their contact details can be found at the following link: WWW.BFDI.BUND.DE/DE/INFOTHEK/ANSCHRIFTEN_LINKS/ANSCHRIFTEN_LINKS-NODE.HTML.
(11) Changes to Privacy Policy
As part of the further development of data protection law and technological or organizational changes, our data protection information is regularly checked for any need for adjustment or supplementation. You will be informed about changes in particular on our website. This data protection notice is dated August 1, 2022.
B. Visiting websites
(1) Explanation of the function
You can find information about our company and the services we offer at www.avocado-sports.com together with the associated subpages (hereinafter jointly: "websites"). When you visit our website, your personal data may be processed.
(2) Processed personal data
When using the website for informational purposes, we collect, store and process the following categories of personal data:
"Log data": When you visit our website, a so-called log data record (so-called server log files) is stored temporarily and anonymously on our web server. This consists of:
– the page from which the page was requested (so-called referrer URL)
– the name and URL of the requested page
– the date and time of the call
– the description of the type, language and version of the web browser used
– the IP address of the requesting computer, which is shortened so that a personal reference can no longer be established
– the amount of data transferred
– the operating system
– the message whether the call was successful (access status/http status code)
– the GMT time zone difference
"Contact form data": When using contact forms, the data transmitted thereby will be processed (e.g. gender, surname and first name, address, company, e-mail address and the time of transmission).
In addition to the purely informational use of our website, we offer the opening of a customer account. If you register for a customer account, the data transmitted will be processed (e.g. gender, surname and first name, address, company, e-mail address and the time of transmission).
(3) Purpose and legal basis of data processing
We process the personal data specified above in accordance with the provisions of the GDPR, the other relevant data protection regulations and only to the extent necessary. Insofar as the processing of personal data is based on Article 6 Paragraph 1 Sentence 1 lit. f GDPR, the stated purposes also represent our legitimate interests.
The processing of the log data serves statistical purposes and to improve the quality of our website, in particular the stability and security of the connection (legal basis is Art. 6 Para. 1 S. 1 lit. a or lit. f DS-GVO).
The processing of contact form data takes place to process customer inquiries (legal basis is Art. 6 Para. 1 S. 1 lit. b or lit. f DS-GVO).
If the processing of the data requires the storage of information in your terminal device or access to information that is already stored in the terminal device, Section 25 Paragraph 1, 2 TTDSG is the legal basis for this.
(4) Duration of data processing
Your data will only be processed for as long as is necessary to achieve the processing purposes mentioned above; the legal bases specified in the context of the processing purposes apply accordingly. With regard to the use and storage period of cookies, please note point A.(5) and the cookie policy [link to the cookie policy].
Third parties used by us will store your data on their system for as long as is necessary in connection with the provision of services for us in accordance with the respective order.
You can find more information about the storage period under A.(5) and the cookie policy [link to the cookie policy].
(5) transmission of personal data to third parties; basis of justification
The following categories of recipients, which are usually processors (see A. (7)), may have access to your personal data:
– Service provider for the operation of our website and the processing of the data stored or transmitted by the systems (e.g. for data center services, payment processing, IT security). The legal basis for the transfer is Article 6 Paragraph 1 Sentence 1 lit. b or lit. f GDPR, insofar as it is not a processor;
– Government agencies/authorities, insofar as this is necessary to fulfill a legal obligation. The legal basis for the transfer is Article 6 Paragraph 1 Clause 1 Letter c GDPR;
– Persons used to conduct our business operations (e.g. auditors, banks, insurance companies, legal advisors, supervisory authorities, those involved in company acquisitions or the establishment of joint ventures). The legal basis for the transfer is Article 6 Paragraph 1 Sentence 1 Letter b or Letter f GDPR.
In addition, we only pass on your personal data to third parties if you have given your express consent to this in accordance with Article 6 (1) sentence 1 lit.
(6) Use of cookies, plugins and other services on our website
a) Cookies
We sometimes use so-called cookies on our websites. Cookies do not damage your computer and do not contain viruses. 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”. They are automatically deleted after your visit. Other cookies remain stored on your end device until you delete them. These cookies enable us to recognize your browser on your next visit.
You can set your browser so that you are informed about the setting of cookies and only allow cookies in individual cases, accept cookies for certain cases or generally exclude them and activate the automatic deletion of cookies when closing the browser. If cookies are deactivated, the functionality of this website may be restricted.
Cookies that are required to carry out the electronic communication process or to provide certain functions you want (e.g. shopping cart function) are stored on the basis of Article 6 Paragraph 1 Letter f GDPR. We have a legitimate interest in the storage of cookies for the technically error-free and optimized provision of our services. Insofar as other cookies (e.g. cookies for analyzing your surfing behavior) are stored, these are treated separately in this data protection declaration. b) Cookie Policy
For more information about which cookies we use and how to manage your cookie settings and opt out of certain types of tracking, please see our Cookie Policy.
c) Social Media Plugins
We do not use any social media plugins on our websites. If our websites contain symbols from social media providers (e.g. Instagram, Facebook, TikTok), we only use them for passive linking to the pages of the respective providers.
d) Notes on data processing in connection with Google Analytics
This website uses Google Analytics, a web analytics service provided by Google Ireland Limited. If the person responsible for data processing on this website is located outside the European Economic Area or Switzerland, Google Analytics data processing is carried out by Google LLC. Google LLC and Google Ireland Limited are hereinafter referred to as "Google".
Google Analytics uses so-called "cookies", text files which are stored on the computer of the site visitor and which enable an analysis of the use of the website by the site visitor. The information generated by the cookie about the use of this website by the site visitor (including the shortened IP address) is usually transmitted to a Google server and stored there.
Google Analytics is only used with the extension "_anonymizeIp()" on this website. This extension ensures anonymization of the IP address by shortening it and excludes direct personal reference. As a result of the extension, Google's IP address will be shortened beforehand within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be sent to a Google server in the USA and shortened there. The IP address transmitted by the relevant browser as part of Google Analytics will not be merged with other Google data.
On behalf of the site operator, Google will use the information collected to evaluate the use of the website, to compile reports on website activity and to provide other services related to website activity and internet usage to the site operator (Art. 6 Para. 1 lit. f GDPR). The legitimate interest in data processing lies in optimizing this website, analyzing how the website is used and adapting the content. The interests of the users are adequately safeguarded by the pseudonymization.
Google LLC. offers a guarantee based on the standard contractual clauses to comply with an appropriate level of data protection. The data sent and linked to cookies, user IDs (e.g. user ID) or advertising IDs are automatically deleted after 50 months. Data that has reached the end of its retention period is automatically deleted once a month.
The collection by Google Analytics can be prevented by the site visitor adjusting the cookie settings for this website. The collection and storage of the IP address and the data generated by cookies can also be objected to at any time with effect for the future. The corresponding browser plugin can be downloaded and installed under the following link: https://tools.google.com/dlpage/gaoptout.
The site visitor can prevent the recording by Google Analytics on this website by clicking on the following link. An opt-out cookie is set, which prevents the future collection of data when visiting this website.
Further information on the use of data by Google, setting and objection options can be found in Google's data protection declaration (https://policies.google.com/privacy) and in the settings for the display of advertisements by Google (https://adssettings.google.com/authenticated).