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Spleene Store

Privacy Policy

1. General

Your personal data (e.g. salutation, name, address, e-mail address, telephone number, bank details, credit card number) will only be processed by us in accordance with the provisions of the European General Data Protection Regulation (GDPR), the specific regulations of the German Data Protection Act (BDSG-NEU) as well as other relevant legal provisions (TMG, TKG, UWG, etc.).
With the following statements, we comply with our duty to inform in accordance with art. 13 and 14 GDPR and inform you comprehensively about the different processing of your personal data.

2. Controller

Controller according GDPR is:
a.m.sports GmbH
Lyzeumstr. 19
76437 Rastatt
Represented by: Axel Bauer, Dr. Marc Leutsch
Telephone: +49 (0) 152 22 48 82 62
E-Mail: contact@spleene-kiteboarding.com

3. Scope of application

This Privacy Policy applies to the use of the websites offered by a.m.sports GmbH and the products offered by a.m.sports GmbH for sale there. This Privacy Policy does not apply to the websites of other service providers to which a.m.sports GmbH websites merely connected through a link.

4. Personal data

Personal data is data regarding personal or business details of a certain person or on a certain date determinable individual person, such as name, address, your bank account number, passport or telephone number, license plate and e-mail address or IP-number. Non-personal data is, in contrast, data with which the ascertainment of your actual identity is not possible. This includes for example, information of your gender, which browser you use or which sports you prefer.

5. Principle of anonymity

You will remain anonymous when using the a.m.sports GmbH website, as long as you have not voluntarily given us personal data for our use. The only exception to this policy is represented by the temporary compulsory automatic storage of your IP-number. Full particulars are given below.

6. Processing of your personal data

We process your personal data exclusively for the following purposes and legal basis:

a) Processing of your personal data in the context of a contractual relationship in acc. art. 6 para. 1 lit. b) GDPR

To fulfill our contract with you, your so-called inventory data, such as name, address, e-mail address, orders, if necessary telephone number and bank details, are processed. If you have registered as a customer in our webshop, we also process your login data.

As part of the fulfillment of the contract, we will disclose your inventory data to the following different categories of recipients:
Transport company: For delivery of the goods, your name and address will be given to the forwarder of the goods.

Financial service providers: To process the payment, your name, address and bank details are transmitted to the affiliated financial service providers.

IT service providers: In addition, external service providers and, if applicable, their subcontractors may have access to your inventory data in context of operation and maintenance of our IT systems.

b) Processing of your personal data in the case of PayPal payment by installment in accordance with art. 6 para. 1 lit. a), b) and f) GDPR

In case you have selected payment by installment as a payment method to fulfill our contract, we cooperate with the online service provider PayPal. In the course of the application process of PayPal payment by installment, you have consented in collection and transmission of your personal data to PayPal, which are necessary for the execution of the contract as well as an identity and credit check, such as name, address, date of birth, gender, e-mail address, IP address, telephone number and regarding the orders, such as the number of articles, item number, invoice amount and taxes in percent. The transmission of these data takes place, so that PayPal can carry out an identity and credit check for the handling of your purchase with the desired payment method. In accordance with the GDPR, PayPal has a legitimate interest in the transmission of the buyer’s personal data and needs them in order to obtain information from credit bureaux for the purposes of identity and credit checks.

Revocation of the usage of personal data towards PayPal:

1. You may revoke your consent in usage of personal data towards PayPal at any time. However, PayPal may be entitled to continue processing, using and transmitting the personal data, if necessary for contractual payment processing by PayPal, if required by law, or if required by a court or authority.

2. Of course you can always get information about the personal data stored by PayPal. This right is guaranteed by the GDPR. If you, as a buyer, wish to do so or if you wish to notify PayPal of changes to the stored data, you can contact PayPal directly. For more information about PayPal’s Privacy Policy, visit the following Internet address:

c) Processing of your personal data by credit bureaus for collecting credit data acc. art. 6 para. 1 lit. b) and f) GDPR and probability values acc. art. 22 para. 2 lit. b) GDPR in connection with § 31 para. 1 BDSG-NEU

As far as we are in advance, e.g. when purchasing on account or delivery of test products and therefore we have a legitimate interest, we may collect a credit report about you at the following credit bureaus:
CRIF Bürgel GmbH, Radlkoferstraße 2, 81373 München

We will transfer your name, address and date of birth. The credit bureau provides the address and credit data stored in its database, as well as probability values based on address data and with the aid of mathematical-statistical methods. On the basis of the information obtained from the credit bureau as well as internal guidelines, we examine the risk of damage (loss of payment, fraud, etc.) for us and make the conclusion for the contract (purchase, test).

Data transfer is only carried out if we have credibly demonstrated our legitimate interest (for example, purchase on account or delivery of test products). We only use and process the transferred data for this purpose. Use or processing for other purposes is only permitted under the conditions of data protection.

d) Processing of your personal data due to legal obligations in acc. art. 6 para. 1 lit. c) GDPR

We mandate tax companies with accounting and tax advice, forward your inventory data to them and thereby fulfill our obligations, e.g. the proper bookkeeping (GoB).

e) Processing of your personal data to realize tasks of public interest or official authority acc. art. 6 para. 1 lit. e) GDPR

With the above legal basis, we may also need to disclose your inventory data to public bodies. An example of this is the transfer of data to tax authorities to fulfill our tax control and reporting obligations.

f) Processing of your personal data for advertising purposes acc. art. 6 para. f) GDPR

If we have received your name and address as part of the contractual relationship, we use it for advertising purposes. According to Recital 47 GDPR we have a legitimate interest in this regard.

We may also mandate service providers for promotions and disclose your personal information to them.

You can object to the commercial use of your address from the contractual relationship at any time with effect for the future, without any costs other than the transmission costs according to the basic tariffs. Just send an e-mail to: werbewiderspruch@spleene-kiteboarding.com.

g) Processing your personal data for our newsletter acc. § 7 para. 2 lit. 3 and para. 3 UWG

In case of newsletter registration your e-mail address shall be used for own promotional purposes. You have explicitly granted the following consent separately or within the order process: “Register for our newsletter …”.

You can except the consent anytime as of now, without that costs other than the transfer costs according basic rates occur.
If we have received your e-mail address based on a contractual relationship, we shall use it for promotions of own and similar products, too. In this case we have informed you explicitly about the data collection and use.

Under certain circumstances, we also mandate service providers and disclose your personal data to them.

You can except the promotional use of your e-mail address based on a contractual relationship anytime as of now, without that costs other than the transfer costs according basic rates occur.

If you don’t want to get the newsletter any more, you can unsubscribe by a deregistration link in the newsletter. Or send us an appropriate e-mail to:

h) Automatic processing of the following personal data for the purpose of protection acc. § 13 para. 7 TMG and for purposes of advertising, market research or the needs-based design of our telemedia acc. § 15 para. 3 TMG

We automatically collect information from everyone who visits the a.m.sports GmbH websites regarding the IP-number assigned to your computer when you access the internet, which browser and operating system you use and which websites you have previously viewed. This data is stored in so-called log files on the web server. At the same time, the IP-number is considered to be personal data. For the protection against misuse of our own computer system, it is required to store the IP-number of site visitors for a temporary period of time. If we need to draw upon the log files in order to compose a user profile, or for the purpose of advertising, market research or further design of our websites, then the IP-number will previously be made anonymous. Otherwise, the IP-number will be erased from the log files. As a result, your IP-number remains anonymous even during the automatic collection and temporary storage of your IP-number.

Web analysis with Google Analytics

This website uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses “cookies”, which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States. In case of activation of the IP anonymization, Google will truncate/anonymize the last octet of the IP address for Member States of the European Union as well as for other parties to the Agreement on the European Economic Area. Only in exceptional cases, the full IP address is sent to and shortened by Google servers in the USA. On behalf of the website provider Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage to the website provider. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser. However, please note that if you do this, you may not be able to use the full functionality of this website. Furthermore you can prevent Google’s collection and use of data (cookies and IP address) by downloading and installing the browser plug-in available under https://tools.google.com/dlpage/gaoptout?hl=en-GB

As an alternative to the browser add-on or within browsers on mobile devices, you can click this link in order to opt-out from being tracked by Google Analytics within this website in the future (the opt-out applies only for the browser in which you set it and within this domain). An opt-out cookie will be stored on your device, which means that you’ll have to click this link again, if you delete your cookies.

Further information concerning the terms and conditions of use and data privacy can be found at http://www.google.com/analytics/terms/gb.html or at https://www.google.de/intl/en_uk/policies/. Please note that on this website, Google Analytics code is supplemented by “anonymizeIp” to ensure an anonymized collection of IP addresses (so called IP-masking).

Social plug-ins from Facebook
We use social plug-ins from facebook.com, operated by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA. The plug-ins can be recognized by way of the Facebook logo or the supplement “Facebook Social Plug-in”. For example, if you click on the “Like” button or leave a comment, the relevant information is transmitted directly from your browser to Facebook and stored there. Furthermore, Facebook makes your likes public for your Facebook friends. If you are logged into Facebook, it can assign the invocation of our page directly to your Facebook account. Even if you are not logged in or don’t have a Facebook account, your browser sends information (e.g. which web pages you have called up, your IP address) which is then stored by Facebook. For details about handling of your personal data by Facebook and your related rights, please refer to the data privacy policy of Facebook: http://www.facebook.com/policy.php. If you do not want Facebook to map data collected about you via our Web sites to your Facebook account, you must log out of Facebook before you visit our web pages.

Social plug-ins from Twitter
With Twitter and its Retweet functions, we use social plug-ins from Twitter.com, operated by Twitter Inc. 795 Folsom St., Suite 600, San Francisco, CA 94107. If you use Retweet, the websites visited by you are announced to third parties and associated with your Twitter account. Details about handling of your data by Twitter as well as your rights and setting options for protecting your personal information can be found in Twitter’s data privacy policy: http://twitter.com/privacy

i) Other processing of your personal data based on your consent acc. art. 6 para. 1 lit. a) GDPR
Incidentally, we will only process personal data from you other than those mentioned in no. 5 a) – h) if you voluntarily provide them to us or have consented to processing them.

7. Transmission of your personal data to third parties

Any transfer, sale or other transfer of your personal data to third parties outside the purposes and legal bases listed under no. 6 does not take place.
In case data processing takes place from countries in which no adequate level of data protection exists (so-called “third countries”), special measures are required acc. to the GDPR. Before a service provider or its subcontractor located in a third country obtains the technical possibility of access to your personal data, we take measures to safeguard data protection, for example by concluding EU Standard Modal Clauses.

8. Duration of storage of your personal data

We process your personal information as long as it is necessary for the fulfillment of our contractual obligations. If these obligations cease to exist, we will delete your personal data.
Due to legal obligations, in particular the commercial and tax-related storage requirements, we must keep certain categories of your personal data even after fulfillment of our contract for a limited further processing. The deadlines for storage and documentation specified in HGB and AO are 6 and 10 years, respectively. After expiry of these deadlines, a deletion will also be made here, unless you have expressly agreed in further use.

9. Your rights

a) Right of access acc. art. 15 GDPR

You are entitled at any time, within the scope of legal provisions, to request free information about your data processed by us, the purposes of processing, the duration of storage or the criteria for determining the duration of storage and the recipients of the data. You are also entitled to receive a copy of your data.

b) Right of rectification, erasure, restriction of processing acc. art. 16-19 GDPR

Should your data processed by us be incorrect, incomplete or inadmissible, you may require us to correct your data, to supplement, to limit processing or to delete the data to the extent permitted by law. Furthermore, as a user, you have the option of automatically deleting your data in the application at any time.

c) Right of data portability acc. art. 20 GDPR

If you have provided us with your information based on your consent or as part of a contractual relationship with us, we will provide that data in a standard format upon your request or, to the extent that this is technically possible, transmit it to you third parties determined by you.

d) Right of revoking the consent in acc. art. 7 para. 3 GDPR

You have the right at any time to revoke your consent granted to us and based on art. 6 para. 1 lit. (a) with effect for the future. The revocation of consent means that the data processing based on this consent no longer takes place.
The relevant data processings are listed under no. 6.

e) Right of object acc. art. 22 GDPR

You are entitled, for reasons arising from your particular situation, to object at any time against the processing of personal data relating to you, on the basis of art. 6 para. 1 lit. e) or f). In this case, we will no longer process your personal data unless we can demonstrate compelling legitimate reasons for processing that outweigh your interests, rights and freedoms, or the processing is for the purpose of enforcing, pursuing or defending legal claims.
If we process your personal information for advertising purposes, you have the right to object at any time. This also applies to the profiling, as far as it is associated with such advertising. In the event of your disagreement, we will no longer process your personal data for these purposes.

The relevant data processing is listed under no. 6.

f) Right of conplaint acc. art. 57 GDPR

You are welcome to contact us with questions, suggestions and criticism.
You can also send a complaint to the authority. You have the choice of approaching the authority, which is locally responsible for you or for us. The contact details of the authority responsible for our company can be found at the following link: https://www.bfdi.bund.de/DE/Infothek/Anschriften_Links/anschriften_links-node.html

10. Automated decision making including profiling

We do not carry out automated decision making including profiling (automated analysis of personal circumstances).

11. Information about cookies

To optimize our web presence, we use cookies. These are small text files stored in your computer’s main memory. These cookies are deleted after you close the browser. Other cookies remain on your computer (long-term cookies) and permit its recognition on your next visit. This allows us to improve your access to our site.

You can prevent storage of cookies by choosing a “disable cookies” option in your browser settings. But this can limit the functionality of our Internet offers as a result.

12. Security measures

a.m.sports GmbH meets the technical and organizational security measures in order to protect your personal data from loss or misuse. Thus, your data is stored in a secure operations environment which is not accessible to the public. If you would like to contact a.m.sports GmbH by e-mail, we must inform you that the confidentiality of this information cannot be guaranteed. The contents of e-mails can – just as with a postcard – be viewed by a third party. We therefore recommend sending personal information to us by post.

13. Changes in the privacy policy

The rapid technological development of the internet and the changes in data privacy law and jurisdiction have made it necessary for us to alter our privacy policy from time to time in order to meet the new requirements. Please note the current privacy policy. This privacy policy was updated on 1.04.2018.

14. Information office at a.m.sports GmbH

If you want to claim your right of access to personal data, or have questions regarding this privacy policy or our data privacy behavior in the web, please contact:
Dr. Marc Leutsch