We, CYBEX Retail GmbH, with registered office in Bayreuth, thank you very much for your interest in our website and our CYBEX Online Shop. The protection of your personal data is very important to us. We process this data in accordance with the provisions of the United Kingdom and/or European General Data Protection Regulation as applicable (GDPR), the German Federal Data Protection Act and other applicable laws on data protection.
In the following, we would like to inform you about the type of personal data processed during your use of our web pages, the associated mobile applications, and as part of your orders in the CYBEX Online Shop.
Table of Contents
- 1. Data controller
- 2. Terms and definitions
- 3. Categories of data we are processing
- 4. Legal basis for data processing
- 5. Purposes of the data processing
- 6. Web analytics by Google Analytics
- 7. Use of Google Maps
- 8. Live Video Shopping with Bambuser
- 9. Review Function
- 10. Data transfer to third parties
- 11. Period of data storage; data erasure
- 12. Your data protection rights
- 13. Automatic processing of personal data
- 14. Complaints to supervisory authorities
- 15. Contacting the Data Protection Officer
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
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 is 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, e-mail 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
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”).
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.
If you contact us by telephone, e-mail 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 e-mail address, to send you our newsletters by e-mail 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 e-mail 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. To the extent applicable, 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 the purpose of direct marketing. We will then refrain from further processing for any such purposes though may keep a record of your opt-out in our marketing suppression lists to ensure that we honour your objection.
5.6. Marketing, web analytics and social media
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.
7. Use of Google Maps
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. Live Video Shopping with Bambuser
On our website we offer interactive, live videos with a shopping function, so called ‘Live Video Shopping’, with the help of the company Bambuser AB Malmskillnadsgatan 13, 111 57 Stockholm https://bambuser.com .
We offer Live Video Shopping to ensure easy contact and a better shopping experience for our customers. You can use this service to get real-time personalised advice via video call, make your purchase, attend product presentations, make appointments for a video call and give your feedback about the presented products. During live video shopping, the following personal data are stored, in particular:
- Name, surname
- Personal data in the video
- Content of the exchanged messages (video chat history),
- IP address,
- Date and time of the video call,
- Email address, phone number (if provided by the end user), and
- Geographic location as well as time zone (if provided by the end user).
Depending on what you share with us, other personal data that you provide in the video or chat may be stored.
If you agree to the storage of your live video shopping experience, this will be used for training purposes as well as for quality control. If you no longer wish your live video shopping experience to be stored, you can inform us by using the contact details below and the stored video and associated chat will then be deleted immediately. Otherwise, your data will be deleted six months after the Live Video Shopping.
The provision of your data and the storage of the video and chat is voluntary, based on your consent pursuant to Art. 6 (1) (a) GDPR. You can withdraw your consent at any time with effect for the future. Without the storage of the video and chat, you can of course also use the live video shopping option. The provision of your personal data is necessary to be able to use the live video shopping option. The storage of the video and chat is not necessary for the use.
The data processing by Bambuser takes place only if you have given your consent through your registration for Live Video Shopping. The legal basis is therefore your consent pursuant to Art. 6 (1) (a) GDPR, which you can withdraw at any time with effect for the future.
9. Review Function
There is a review function on our website that allows you to review our products and their features, give feedback and recommend a product.
In order to submit a review, we ask you to provide a nickname and a valid e-mail address, answer some mandatory questions and submit certain ratings. All other information is voluntary.
The following data is also stored at the time the review is given:
- Date and time
- Metadata of uploaded photos
Based on your consent, we will publish your review and process your personal data. We use the service provider Bazaarvoice Inc. to provide the review function, which acts as our processor.
Since the headquarters of Bazaarvoice Inc. is in the United States, data is transferred to the United States of America. We have an data processing agreement with Bazaarvoice Inc. Part of this data processing agreement are the EU standard contractual clauses. We will provide you with the standard contractual clauses upon request.
The provision of your personal data is voluntary and based solely on your consent. Unfortunately, we cannot process and publish your review without your consent.
In this context, the data will only be processed as long as the corresponding consent is available. Afterwards they will be deleted.
You can revoke your consent to the processing of your personal data and its use for the publication of your reviews at any time. Please contact us to revoke your consent and we will delete all your reviews.
10. Data transfer to third parties
Your data will only be transferred to our carefully selected service providers and partner companies who are contractually obliged to comply with requirements of data protection laws. Otherwise, your data will only be transmitted in the event of an existing legal obligation. In the following you will find information about the companies to which we transfer data.
10.1. Transfer within affiliated companies
We may transfer your data to our affiliated companies for storage in central databases and for internal group billing and accounting purposes in connection with the conclusion and performance of the contract. The legal basis for this data processing is either Article 6 (1) (b) GDPR or Article 6 (1) (f) GDPR.
10.2. Transfer to service companies
Use of service companies: We use several service companies – hereinafter referred to as “service providers” – that are working on our behalf to operate and optimise our websites, to perform contracts and to process payment transactions. This relates, for example, to the hosting of our websites, the placement of advertising, the delivery of ordered goods, the assessment of default risks, the processing of payment transactions, the sending of newsletters as well as customer service and support. We transfer data to these service providers to the extent necessary for the provision of our websites or the performance of contracts or where it serves to protect our legitimate interests. The legal basis for this data processing operations is usually Article 6 (1) (b) GDPR or Article 6 (1) (f) GDPR.
These service providers mainly work for us as “processors” on our behalf and may therefore use the data provided exclusively in accordance with our instructions. We are legally responsible for appropriate data protection policies at the service providers which are processing data on our behalf and have agreed appropriate data protection and data security regimes with the service providers.
In the following cases, we may also transfer data to third parties for independent use as part of the contract performance:
Transport companies: The transport companies we use receive from us the data required for the delivery of the ordered goods to you, i.e., in particular your name and the delivery address provided by you. If necessary, the transport company may also receive your contact details so as to arrange an individual delivery date with you. The legal basis for the respective data processing is Article 6 (1) (b) GDPR.
Payment transactions: The respective payment service provider or bank receives the necessary payment data for the processing of payment transactions. The legal basis for the data processing is Article 6 (1) (b) GDPR. Generally, however, you enter this information directly in the input window of the respective payment service provider or bank. In these cases, we do not receive and store any payment data.
Creditworthiness check: If you choose the “Invoice” payment method, we transfer the necessary data to Creditreform Boniversum GmbH, Hellersbergstraße 11, 41460 Neuss, Germany, to obtain creditworthiness information on your previous payment history and information for assessing the risk of non-payment based on mathematical-statistical procedures using address data (“scoring”). The legal basis for this data processing is Article 6 (1) (b) GDPR and Article 6 (1) (f) GDPR.
10.3. Transfer to third countries
Data is only transferred to bodies in states outside the European Union, the European Economic Area or the United Kingdom where:
- you have consented to such transfer,
- this is necessary to perform your orders,
- this is required by law, or
- this occurs as part of order processing.
In the case of order processing, the service providers are contractually bound to our instructions and obligated to guarantee the strict technical and organisational measures. The processors are located both in countries that are the subject of an adequacy decision by the European Commission and/or the United Kingdom and in countries that protect personal data to an extent not comparable under EU or United Kingdom law.
In the latter cases, we ensure a level of data protection comparable to that of the EU and/or United Kingdom by way of contractual agreements and by agreeing the EU and/or United Kingdom standard data protection clauses.
10.4. Transfer to other third parties
Otherwise, we only transfer your data to third parties or to official authorities if we are legally obligated to do so under existing data protection laws, such as due to official or court orders, or if we are entitled to do so, e.g., because it is necessary for the prosecution of criminal offences or for the exercise or enforcement of our rights or claims. The legal basis for the respective data processing in these cases is Article 6 (1) (c) GDPR or Article 6 (1) (f) GDPR.
11. Period of data storage; data erasure
We only store your data until the purposes for which they were collected cease to apply (e.g., upon termination of the contractual relationship or by the last activity if there is no continuing obligation, or in the event of a revocation of your consent for the specific data processing). Storage beyond this only takes place insofar as and as long as:
- there are legal obligations to retain the data,
- the data is still required for the assertion or exercise of legal claims or for the defense against legal claims, e.g. due to technological and forensic requirements for the defense against possible attacks on our web servers, and their prosecution,
- deletion would be contrary to the legitimate interests of the data subjects, or
- another exception pursuant to Article 17 (3) GDPR applies.
12. Your data protection rights
As a visitor of our web pages and as a customer in our CYBEX Online Shop, you are entitled to various rights granted by the GDPR. Please use the information in the Contact section to assert your rights against us and make sure that we are able to clearly identify your person.
In the following we explain your essential rights as a data subject.
12.1. Rights of confirmation, access, to rectification or erasure of data
In accordance with the GDPR, as a data subject you may obtain information in writing upon request and free of charge about which data about your person (e.g., name, address) have been stored. In addition, as a data subject, you have the right to have these data corrected or erased as granted by the GDPR, provided that the legal requirements are met. Excluded from the right to erasure are, for example, stored data relating to business processes that are subject to the legal obligation to retain data.
- Right of confirmation and access: A data subject has the right, granted by the GDPR, to obtain from the controller confirmation as to whether or not personal data concerning him or her are being processed; where that is the case, the data subject has a right of access to the personal data and to further information to the extent provided for by law.
- Right to rectification: A data subject has the right, granted by the GDPR, to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. In this respect, taking into account the purposes of the processing, the data subject also has the right to have incomplete personal data completed, including by means of providing a supplementary statement.
- Right to erasure (“right to be forgotten”): A data subject has the right granted by the GDPR to obtain from the controller the erasure of personal data concerning him or her without undue delay; the controller has the obligation to erase personal data without undue delay where one of the grounds provided for by law applies and where the processing is not necessary.
12.2. Right to restriction of data processing
As a data subject, you have the right, granted by the GDPR, to obtain from the controller restriction of processing where one of the conditions provided by law is met. We must restrict the processing of personal data especially when you deny the accuracy of your personal data, when you need the data being processed without legal basis for your protection, or when your objection is being investigated.
12.3. Right to object
As a data subject, you have the right, granted by the GDPR, to object, on grounds relating to your particular situation, at any time to processing of personal data concerning you by us as controller; we will then no longer process the personal data unless we demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms as a data subject or for the establishment, exercise or defence of legal claims.
12.4. Right to data portability
As a data subject, you have the right, as granted by the GDPR, to receive the personal data concerning you which you have provided to us as controller in a structured, commonly used and machine-readable format and you have the right to transmit those data to another controller without hindrance from us as controller to which the personal data have been provided, subject to the conditions provided for by law.
12.5. Revocation of consent
Where you may have given us your consent to process your data within the scope of your use of our web pages or as part of your order in our CYBEX Online Shop, you may withdraw such consent at any time with effect for the future. The lawfulness of the processing of your data before your withdrawal remains unaffected.
After receipt of your withdrawal by us, we will stop the relevant use of the data without delay. Withdrawal of consent will not affect the processing of personal data carried out on other legal bases pursuant to Article 5 above.
13. Automatic processing of personal data
Exclusively automatic processing of your data is only performed where necessary for the conclusion or performance of a contract and where such does not have any legal or similar effect on you.
14. Complaints to supervisory authorities
In the event of complaints regarding the processing of your data, you have the right to lodge a complaint with the competent supervisory authorities. You may do so by contacting the data protection authority responsible for your country, place or state of residence or the data protection authority responsible for us, which is:
The Bavarian Data Protection Commissioner (Bavarian DPC)
PO Box 22 12 19
80502 Munich, Germany
15. Contacting the Data Protection Officer
In case of exercising your data protection rights or any questions regarding the processing of your data, suggestions or complaints, please contact our Data Protection Officer. We recommend that you send confidential information exclusively by postal mail.
Contact details of the Data Protection Officer of CYBEX Retail GmbH:
Phone: +49 (0)92178511-0
CYBEX Retail GmbH has appointed activeMind.legal UK Ltd. to act as representative pursuant to Article 27 of the UK GDPR. They can be contacted as follows:
No 1 Royal Exchange
London, EC3V 3DG