1. Data controller
The controller for data processing is CYBEX Retail GmbH with registered office in Bayreuth. Our contact details are as follows:
CYBEX Retail GmbH
Riedingerstraße 18
95448 Bayreuth
Germany
Email: service.be@cybex-online.com
The contact details of our Data Protection Officer can be found at the end of this Privacy Policy.
2. Terms and definitions
“Personal data” means any information relating to an identified or identifiable natural person, hereinafter also referred to as “data subject”; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
Examples of personal data include your computer’s IP address, your real name, your postal address, your telephone number and your date of birth. Personal data are also referred to as “data” hereinbelow.
3. Categories of data we are processing
In the following we would like to inform you which data we are processing when you visit our web pages, order goods in our CYBEX Online Shop or use other functions of our web pages and associated mobile applications.
3.1. Processing of access data relating to the visit of our web pages
If you only access our web pages without placing an order in our CYBEX Online Shop, we only store access data such as date and time of your visit, the website from which you visit us, your browser’s type and language settings, the web pages you visit on our website, the amount of data transferred and the requesting provider.
3.2. Data provided to us by you
Within the scope of your order in the CYBEX Online Shop, when creating a customer account, when subscribing to our newsletter or contacting us, we process the data provided to us by you. The relevant data input form will usually indicate the type of data involved. In particular, this relates to:
- contact details such as title, your name, email address and postal address, and your telephone number where applicable;
- order data such as the description of the goods you have ordered;
- payment data such as the payment method you have selected and (where applicable, pseudonymised) your credit card details.
3.3. Data that we receive about you from third parties
To the extent necessary for us and where permissible under applicable data protection laws, we may collect data about you from third parties. This occurs in particular within the scope of a credit assessment if you select the “Invoice” payment method. Additional information is found further below in this Privacy Policy.
3.4. Cookies
We use “cookies”, technical information that is stored on a user's computer, to make it more attractive for you to visit our web pages, to enable you to place an order in our CYBEX Online Shop or to use other functions. Cookies allow us in particular to adapt our web pages to user needs by collecting statistical information about user behaviour.
Some of the cookies we use are deleted after the end of the respective browser session, i.e., after the user closes the browser (“session cookies”). Other cookies will remain on the user's device and enable us to recognise the browser upon the user's next site access (“persistent cookies”).
Additional information on cookies and similar technologies used by us is found further below in this Privacy Policy and here in our cookie consent tool, which also allows you to change your cookie preferences at any time. Depending on your selected settings, some functionalities of our web pages may be limited.
4. Legal basis for data processing
At all times we process your data in accordance with the relevant legislation and only to the extent permitted by an applicable legal provision. Depending on the respective purpose of the data processing, the processing of your data may be based on the following legal principles:
- Consent (Article 6 (1) (a), Article 7 GDPR): We only process certain data if you have given us your express and voluntary consent to do so. You may revoke your consent at any time with effect for the future.
- Performance of a contract or pre-contractual measures (Article 6 (1) (b) GDPR): We process certain data where this is necessary for the performance of a contract (e.g., when you order goods from us) or in order to take steps at your request prior to entering into a contract (e.g., when you make an enquiry about one of our products).
- Compliance with legal obligations (Article 6 (1) (c) GDPR): We need to process some of your data for compliance with our own legal obligations, for example to comply with tax obligations.
- Protection of vital interests (Article 6 (1) (d) GDPR): We process certain data in cases where processing is necessary to protect the vital interests of you or of another natural person.
- Protection of legitimate interests (Article 6 (1) (f) GDPR): We process certain data in cases where processing is necessary to protect legitimate interests pursued by us or by a third party, except where such interests are overridden by your interests which require protection of personal data.
5. Purposes of the data processing
We process your data for the following purposes:
5.1. Provision of our websites
Where we process access data as part of your visit of our web pages, this is done to ensure problem-free operation of the web pages and to improve our offerings and services, in particular our CYBEX Online Shop.
The legal basis for this data processing is Article 6 (1) (b) GDPR, as the processing is necessary to ensure the functionality of our web pages and to deliver their contents correctly. In addition, the data serve to optimise our websites and to ensure the security of our IT systems; in this respect, the data processing is based on Article 6 (1) (f) GDPR.
5.2. Contact
If you contact us by telephone, email or via an online form, we process the data provided by you on the basis of Article 6 (1) (b) GDPR to the extent necessary to process your request and to be able to prove that you have contacted us in accordance with legal requirements.
5.3. Contract-related data processing
Customer account: If you register as a customer in our CYBEX Online Shop, we process the data provided by you on the basis of Article 6 (1) (b) GDPR. This is necessary to establish and manage your customer account and is therefore necessary for the performance of the contract of use or in order to take steps at your request prior to entering into a contract.
CYBEX Club Membership Program: If you register for participation in the CYBEX Club Membership Program (CYBEX Club) by opening a Membership account, we will process the data you provide or that accrues in the course of your use of the CYBEX Club on the basis of Article 6 (1) (b) GDPR as part of the account opening process and thereafter during your participation in the CYBEX Club. This is necessary to set up and manage your membership account, to credit your CYBEX Club Points and to grant you the benefits available within the CYBEX Club and thus serves the implementation of pre-contractual measures and the fulfilment of the usage contract.
Guest order: If you place an order as a guest, you do not need to register as a customer prior to placing an order but you will then have to re-enter your data for each subsequent order. We process the data provided by you as part of a guest order on the basis of Article 6 (1) (b) GDPR for the purpose of performing your order, including the delivery of the ordered goods and your ability to monitor the order and delivery status.
Performance of your order as a registered customer: If you have registered as a customer in our CYBEX Online Shop and place an order for goods, we process the data provided by you as part of the order or available in your customer account on the basis of Article 6 (1) (b) GDPR for the purpose of performing your order, including the delivery of the ordered goods and your ability to monitor the order and delivery status.
Newsletter: If you register to receive our newsletter using the relevant function, we process the data provided by you for this purpose or the data available in your customer account, at a minimum your email address, to send you our newsletters by email from time to time. The legal basis for this data processing is the consent given by you when registering for our newsletter (Article 6 (1) (a), Article 7 GDPR).
5.4. Customer support and customer service
During or after your order in our CYBEX Online Shop we may contact you via the contact data provided by you, where this should be necessary to eliminate any discrepancies in your order, to make suggestions to optimise your order or because of important information in connection with or following your order. The legal basis for this data processing is, as part of the performance of the contract, Article 6 (1) (b) GDPR, otherwise either Article 6 (1) (d) GDPR or Article 6 (1) (f) GDPR, depending on the interests involved.
You may object to the processing of your data for such purposes at any time. We will then refrain from further processing for any such purposes.
5.5. Direct advertising after the purchase of goods
If you have purchased goods in our CYBEX Online Shop, we may send you information about our own similar goods to the email address or to the postal address provided by you. The legal basis for this data processing is Article 6 (1) (f) GDPR, because the advertising of related products by way of direct advertising represents a legitimate interest for us. The basis for direct advertising by email is additionally Section 7 (3) German Unfair Competition Act.
You may at any time object to the processing of your data for the purpose of direct marketing. We will then refrain from further processing for any such purposes.
5.6. Shopping cart abandonments, items on the wish list
If you have made a purchase in our CYBEX Online Shop, are a member of our CYBEX Club or have agreed to receive marketing emails, you will receive emails informing you about the products you have added to your shopping cart and not purchased, or about products you have added to a wish list. The legal basis for this data processing is Art. 6 para. 1 p. 1 lit. b GDPR for granting the benefits available to you within the CYBEX Club; or the consent given according to Art. 6 para. 1 p. 1 lit. a GDPR; or Art. 6 para. 1 p. 1 lit. f GDPR, because the advertising of related products by way of direct advertising represents a legitimate interest for us. The basis for direct advertising by e-mail is additionally Section 7 (3) German Unfair Competition Act.
You may at any time object to the processing of your data for such purposes. We will then refrain from further processing for any such purposes.
5.7. Customer satisfaction surveys
If you have made a purchase in our CYBEX Online Shop, contacted us for customer service, are a member of our CYBEX Club or have agreed to receive marketing emails, you will receive invitations to participate in surveys. The legal basis for this data processing is Art. 6 para. 1 p. 1 lit. b GDPR for granting the benefits available to you within the CYBEX Club; or the consent given according to Art. 6 para. 1 p. 1 lit. a GDPR; or legitimate interest according to Art. 6 para. 1 p. 1 lit. f GDPR for ensuring customer satisfaction and improving our service quality.
You may at any time object to the processing of your data for such purposes. We will then refrain from further processing for any such purposes.
5.8. Marketing, web analytics and social media
We use cookies and similar technologies (such as tags or pixels) for marketing and analysis purposes, to make visiting our websites as well as your order in our CYBEX Online Shop attractive for you and to enable you to use certain functions. The legal basis for this is your consent (Article 6 (1) (a), Article 7 GDPR) or the protection of our legitimate interests (Article 6 (1) (f) GDPR).
Detailed information on all cookies and similar technologies used can be found here in our cookie consent tool, which also allows you to change your cookie preferences at any time and to revoke your consent to the use of cookies with effect for the future. Depending on your selected settings, some functionalities of our web pages may be limited.
6. Web analytics by Google Analytics
Google Analytics is a web analytics service provided by Google Ireland Limited (Google Building Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland). Google Analytics serves the purpose of analysing the use of the website in order to be able to continuously improve individual functions and offers as well as the user experience. Through the statistical evaluation of user behaviour, it is possible to continuously improve our online services and keep it more attractive for you as a user.
During your visit to the website, the following data, among others, is recorded:
• Webpages accessed by you
• The achievement of so called "website goals" (e.g. contact enquiries and newsletter sign-ups).
• Your behaviour on our webpages (for example clicks, scrolling behaviour and dwell time)
• Your approximate location (country and city)
• Your IP address (in shortened form, so that no clear assignment is possible)
• Your technical information such as browser, internet provider, terminal device and screen resolution
• Source of origin of your visit (i.e. via which website or via which advertising medium you came to us)
The information generated by the cookie about your use of this website is usually transmitted to a Google server in the US and stored there. These cookies contain a randomly generated user ID with which you can be recognised during future website visits. However, due to the activation of IP anonymisation on these websites, your IP address will be truncated beforehand by Google 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 transmitted to a Google server in the US and shortened there.
If you do not agree to the collection of data, you can prevent it by installing the browser add-on to deactivate Google Analytics (https://tools.google.com/dlpage/gaoptout?hl=) once or revoke your consent via the Consent Management Tool.
As Google's headquarters are in the US, we cannot preclude that the data will also be processed in the US. We have entered into a Data Processing Agreement (DPA) with Google. The EU Standard Contractual Clauses are part of this DPA. We can provide you with these Standard Contractual Clauses on request.
Further information on Google Analytics please see Google's privacy policy: https://policies.google.com/privacy?hl=en.
7. Use of Google Maps
On this website, we use the Google Maps service, in particular to enable you to search for dealers and plan your route. Google Maps is operated by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (hereinafter "Google"). This allows us to display interactive maps directly on the website and enables you to use the map function conveniently. You can find more information about data processing by Google in Google’s privacy policy: https://policies.google.com/privacy. There you can also change your personal data protection settings in the data protection centre.
Detailed instructions on how to manage your own data in connection with Google products can be found here: https://www.dataliberation.org
When you visit the website, Google receives information that you have accessed the corresponding sub-page of our website. This occurs regardless of whether Google provides a user account via which you are logged in or whether no user account exists. If you are logged in to Google, your data will be directly assigned to your account.
If you do not want the assignment in your Google profile, you must log out of Google before activating the button. Google stores your data as usage profiles and uses them for the purposes of advertising, market research and/or demand-oriented design of its websites. Such an evaluation is carried out in particular (even for users who are not logged in) to provide needs-based advertising and to inform other users of the social network about your activities on our website. You have the right to object to the creation of these user profiles, and you must contact Google to exercise this right.
A solution is recommended that ensures that the user's data only flows to Google when the user has actively clicked on the map or a link.
Since personal data may only be transferred to Google after the user has given his or her consent, we have implemented a so-called two-click solution. This technically ensures that the website only transmits the data to Google when the user actively clicks on the map or a link.
Withdrawal of consent:
No option for a simple opt-out or blocking of data transmission is currently offered by the provider. If you wish to prevent your activities on our website from being tracked, please revoke your consent for the corresponding cookie category or all technically unnecessary cookies and data transfers in the cookie consent tool. In this case, however, you may not be able to use our website or only to a limited extent.
8. Use of Google Tag Manager
We use the Google Tag Manager help service provided by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. For the European area, the company Google Ireland Ltd. (provider of the service), Gordon House, Barrow Street, Dublin 4, Ireland is responsible for all Google services.
We embed the tags ("code snippets") or scripts we need on our website via the Google Tag Manager and manage them using the tool. This allows, for example, tracking tools requiring consent that we use on our website to be loaded by the Tag Manager.
If the Tag Manager is loaded, the user's IP address is stored on Google servers. The Google Tag Manager itself only processes personal data for technically necessary purposes. This data may be collected and stored by the individually integrated tracking tools so that your data can be transmitted to the provider of the respective tool. The Google Tag Manager itself does not access this data. Please read our data protection texts for the individual tools that we use on our website.
You can find more information about data processing by Google in the Google privacy policy: https://policies.google.com/privacy?hl=en-US.
We have concluded a Data Processing Agreement with Google Ireland Ltd. as the recipient of your data, Art. 28 GDPR.
Please see for more information: https://business.safety.google/adsprocessorterms/. If you would like to learn more about the Google Tag Manager, please read the FAQs at:
https://support.google.com/tagmanager/?hl=en#topic=3441530.
Data processing in the USA as a third country may be possible. To ensure the level of data protection, Google has concluded the EU standard contractual clauses. More information on the standard contractual clauses at Google can be found at: https://policies.google.com/privacy/frameworks?hl=en.
Please refer to our link to the Cookie Consent Tool at Chapter 3.4 for the storage period of the cookies.
Withdrawal of consent:
You can revoke your consent at any time with effect for the future. To exercise your revocation, you can deactivate your consent for the corresponding cookie category or all technically unnecessary cookies and data transfers here in the cookie consent tool. In this case, however, you may not be able to use our website or only to a limited extent.
9. Use of Google reCAPTCHA V3
We use the reCAPTCHA V3 service of Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA on our website. For the European area, the company Google Ireland Ltd. (provider of the service), Gordon House, Barrow Street, Dublin 4, Ireland is responsible for all Google services.
Using Google reCAPTCHA, we can determine whether you are a human, a robot or other spam software after data entry on our website (e.g. in a contact form). The user's behaviour is analysed in the background and added to a captcha score.
The use of the tool is intended to ensure the accessibility of our website by preventing machines or malware from communicating with us.
During a website visit, Google reCAPTCHA V3 collects the following personal data by means of cookies:
- Google cookies already installed, previous browser interactions, number of mouse movements and keyboard strokes, visit duration
- IP address, date of visit, referrer URL, browser plugins, browser or language settings or location of the user device, a complete screenshot of the browser window, operating system.
If you are logged into your Google account while using the Google reCAPTCHA plugin, the personal data will be merged. You can prevent this by logging out of your Google account before visiting our website.
You can find more information about Google's data processing in Google's privacy policy: https://policies.google.com/privacy?hl=en-US. If you would like to learn more about Google reCAPTCHA, please refer to the FAQs at: https://developers.google.com/recaptcha?hl=en.
We have concluded a Data Processing Agreement with Google Ireland Ltd. as the recipient of your data, Art. 28 GDPR. Please see for more information: https://business.safety.google/adsprocessorterms/.
Data processing in the USA as a third country may be possible. To ensure the level of data protection, Google has concluded the EU standard contractual clauses. More information on the standard contractual clauses at Google can be found at: https://policies.google.com/privacy/frameworks?hl=en.
Please refer to our link to the Cookie Consent Tool at Chapter 3.4 for the storage period of the cookies.
Withdrawal of consent:
You can revoke your consent at any time with effect for the future. To exercise your revocation, you can deactivate your consent for the corresponding cookie category or all technically unnecessary cookies and data transfers here in the cookie consent tool. In this case, however, you may not be able to use our website or only to a limited extent.
10. Use of Google Fonts
We use the free Google Fonts service of Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA on our website. For the European area, the company Google Ireland Ltd. (provider of the service), Gordon House, Barrow Street, Dublin 4, Ireland is responsible for all Google services.
We use Google Fonts to display fonts on our website. We have downloaded the desired Google Fonts and stored them on our own server or web space. Accordingly, no connection to the Google server is established, so that no information is transmitted to Google.
Please refer to our link to the Cookie Consent Tool at Chapter 3.4 for the storage period of the cookies.
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