DATA PRIVACY
Privacy policy according to § 5 and § 13 of the German Telemedia Act (TMG) Information according to Articles 13, 14, 21 and 49 of the General Data Protection Regulation (DSGVO)
I - Responsible party for data processing
OPEN OCEAN SPORTS GmbH
Schleifweg 3
74257 Untereisesheim / Germany
E-mail: shop@cool-shoe.de
Phone: +49 (0)7132 4024
II - Sources and data for the processing of personal data
We process personal data that we collect from you in the course of your internet or social media use or that you have transmitted to us via one of our contact forms.
Data is stored in server log files that are collected and automatically stored by the provider and largely transmitted to us by your browser. These are:
- Information about the type of browser and the version used
- The operating system of the user
- The user's Internet service provider
- Refferer URL
- Name of the requested file
- The amount of data transferred
- The IP address of the user
- Date and time of access
- Websites from which the user's system accesses our website
- Websites that are accessed by the user's system via our website
Furthermore, we may process other data similar to the aforementioned categories.
We collect the listed data to ensure a problem-free connection setup of the website and to enable a user-friendly operation of our website. In addition, the log file is used to evaluate system security and stability as well as for administrative purposes. The legal basis for the temporary storage of the data or the log files is our legitimate interest according to Art. 6 para. 1 lit. f) DSGVO.
Currently, we also offer the following social media channels:
- Facebook fan page (https://www.facebook.com/AMPLIFI)
- Instagram (https://www.instagram.com/amplifisports/)
As part of social media usage, we may obtain statistical usage data from the respective social media company. This can be information about page views and activities; views of individual articles, videos, services (e.g. route planner), etc.; comments, shared content, responses, usage rates: Men and women, origin related to country and city, language. The legal basis for the retrieval of data during social media use is Art. 6 para. 1 lit. f) DSGVO.
III - Purpose of processing and legal basis
We process personal data in accordance with the provisions of the European Data Protection Regulation (DSGVO) and the German Federal Data Protection Act (BDSG):
1 - Within the framework of the balancing of interests in the event of conflicting interests (Art. 6 para. 1 lit. f) DSGVO and Art. 49 para. 1 p. 2 DSGVO).
The legal basis for the temporary storage of data is our legitimate interest (Art. 6 para. 1 lit. f DSGVO). We record the data listed above in order to ensure a smooth connection setup of the website and to enable a comfortable use of our website by the users. In addition, the log file is used to evaluate system security and stability as well as for administrative purposes. In addition, we store your data for reasons of technical security, in particular to defend against attempted attacks on our web server.
Examples in this context:
- Testing and optimization of procedures for demand analysis and direct customer approach;
- Advertising or market and opinion research, e.g. through the use of cookies, insofar as you have not objected to the use of your data;
- Assertion of legal claims and defense in legal disputes;
- Ensuring IT security and IT operations;
- Measures for business management and further development of services and other offers.
- Sporadic evaluation of data for research purposes in anonymized form.
In particular, so-called usage profiles are created by the social media companies by means of your usage behavior and used for the placement of advertisements. For this purpose, cookies are usually stored on your computer. 2.
2 - within the framework of the balancing of interests in the case of similar interests (Art. 49 para. 1 lit. c) DSGVO)
If the balance of interests shows that both the controller and the data subject have an interest in the transfer of data to a third country, the transfer of data is based on Art. 49 (1) (c) DSGVO.
3 - in the context of your consent (Art. 6 para. 1para. 1 lit. a) DSGVO and Art. 49 para. 1 lit. a) DSGVO).
Insofar as you have given us consent to process personal data for certain purposes (e.g. transfer of data to third parties, evaluation of data for marketing purposes), the lawfulness of this processing is based on your consent. Consent given can be revoked at any time.
Please note that the revocation is only effective for the future. Processing that took place before the revocation is not affected.
If you have given the social media companies consent to a specific data processing, the processing is carried out on the legal basis of Art. 6 para. 1 lit. a) DSGVO.
4 - due to legal requirements, Art. 6 para. 1 lit. c) DSGVO or in the public interest, Art. 6 para. 1 lit. e) DSGVO.
In addition, we are subject to various legal obligations, i.e. legal requirements (e.g. commercial law, tax laws, etc.). Insofar as data is processed in this regard, this is done exclusively on the basis of these regulations.
In particular, the Infection Protection Act or similar national and international regulations to which we are bound due to the current Covid 19 pandemic may be considered as such legal basis.
IV - Transfer of data
Within the company, those departments receive your data that need it to fulfill our contractual and legal obligations. Processors we use (Art. 28 DSGVO) may also receive data for these purposes. These are companies in the categories of IT services, telecommunications, consulting and advisory, and sales and marketing.
With regard to the transfer of data to recipients outside the company, it should be noted that we will only transfer your data if this is permitted or required by law, if you have consented or if we are authorized to provide information. Under these conditions, recipients of personal data may be, for example, public bodies and institutions (e.g. public prosecutor's office, police, supervisory authorities) in the event of a legal or official obligation, or lawyers, tax advisors, and the like.
Further data recipients may be those bodies for which you have given us your consent to the transfer of data.
V - Duration of storage
To the extent permitted by law, we process and store your personal data, in particular for as long as necessary to fulfill the respective purposes.
VI - Data transfer to third countries
A data transfer to third countries (countries outside the European Economic Area - EEA) only takes place if this is necessary for the execution of our social media offers, is required by law or you have given us your consent. We will inform you separately about details, if required by law.
When visiting our social media offers, we point out that data of you as a user outside the EU may be processed.
VII - Contact form and contact by e-mail
If you send us inquiries via contact form or e-mail, your data from the inquiry form or your e-mail, including the contact data you provided there, will be stored by us for the purpose of processing the inquiry and in case of follow-up questions. The indication of your name as well as your e-mail address is required. Under no circumstances will we pass on this data without your consent. The legal basis for processing the data is our legitimate interest in responding to your request in accordance with Art. 6 (1) f) DSGVO, Art. 49 (2) p. 1 DSGVO and Art. 49 (1) a) DSGVO and, if applicable, Art. 6 (1) b) DSGVO, if your request is aimed at concluding a contract. Your data will be deleted after final processing of your request, provided that there are no legal obligations to retain data. You can object to the processing of your personal data at any time in the case of Art. 6 para. 1 lit. f) DSGVO.
VIII - Use of cookies
Our website uses cookies, which are recorded by the browser on your device and contain certain settings for the use of the website (e.g. for the current session). 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, which are automatically deleted after closing the browser. Other cookies remain stored on your terminal device until you delete them or the storage period expires. These cookies allow us to recognize your browser on your next visit.
The cookies are used to simplify website processes by storing settings (e.g. providing already selected options). If personal data is also processed by individual cookies implemented by us, the processing is based on your consent in accordance with Art. 6 (1) a) DSGVO or Art. 49 (1) a) DSGVO and in order to ensure the best possible functionality of the website and a customer-friendly and effective design of the page visit.
You can set your browser so that you are informed about the setting of cookies and only allow cookies in individual cases, exclude the acceptance of cookies for certain cases or in general and activate the automatic deletion of cookies when closing the browser. If cookies are deactivated, the functionality of this website may be limited.
You can declare a general objection to cookies used for online marketing purposes via the US site http://www.aboutads.info/choices/ or via the EU site http://www.youronlinechoices.com/.
You can also deactivate the storage of cookies in your browser settings. Please note that if you do so, you may not be able to use all the functions of this online offer.
IX - Facebook fanpage / Facebook Pixel
The operation of a Facebook fanpage constitutes processing under joint responsibility pursuant to Art. 26 DSGVO. For this purpose, an agreement has been concluded with Meta Platforms Ireland Ltd. (4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland) has been concluded. This agreement can be accessed at the following link:
https://www.facebook.com/legal/controller_addendum
According to this agreement, we ourselves do not have any decisions or influence over the processing of data by Facebook.
The responsibility for the processing of the so-called "Insights data" as well as the fulfillment of the corresponding obligations from the GDPR is assumed by Facebook.
Furthermore, the website uses the remarketing function "Custom Audiences" of Meta Platforms Inc. ("Facebook"). This allows users of the website to be shown interest-based advertisements ("Facebook ads") when visiting the social network Facebook or other websites that also use this procedure. We thereby pursue the interest of showing you advertisements that are of interest to you in order to make our website more interesting for you. Due to the marketing tools used, your browser automatically establishes a direct connection with the Facebook server. We have no influence on the scope and further use of the data collected by Facebook through the use of this tool and therefore inform you according to our state of knowledge: Through the integration of Facebook Custom Audiences, Facebook receives the information that you have accessed the corresponding web page of our website, or clicked on an ad from us. If you are registered with a Facebook service, Facebook can assign the visit to your account. Even if you are not registered with Facebook or have not logged in, there is a possibility that the provider will learn and store your IP address and other identifiers. Deactivation of the "Facebook Custom Audiences" function is possible for logged-in users at https://www.facebook.com/settings/?tab=ads#_.
The legal basis for the processing of your data is your consent pursuant to Art. 6 (1) a) DSGVO. For more information on data processing by Facebook, please visit ttps://www.facebook.com/about/privacy
X - Instagram
Within our online offer, functions and contents of the service Instagram are integrated by Instagram Inc, 1601 Willow Road, Menlo Park, CA, 94025, USA. When you call up a page that contains such a plugin, your browser establishes a direct connection to the servers of Instagram. The content of the plugin is transmitted by Instagram directly to your browser and integrated into the page. Through this integration, Instagram receives the information that your browser has called up the corresponding page of our website, even if you do not have an Instagram profile or are not currently logged into Instagram.
This information (including your IP address) is transmitted by your browser directly to an Instagram server in the USA and stored there. If you are logged in to Instagram, Instagram can directly assign your visit to our website to your Instagram account. If you interact with the plugins, for example by clicking the "Instagram" button, this information is also transmitted directly to an Instagram server and stored there.
The information is also published on your Instagram account and displayed there to your contacts.
If you do not want Instagram to directly assign the data collected via our website to your Instagram account, you must log out of Instagram before visiting our website.
For more information, please see the privacy policy (https://help.instagram.com/155833707900388) of Instagram.
We only use the data provided to us by Instagram that is necessary for the purposes stated here. The processing serves to protect our legitimate interests pursuant to Art. 6 para.1 p.1 lit. f DSGVO.
For more information, please see Instagram's privacy policy: http://instagram.com/about/legal/privacy/.
XI - Competition
On our website https://cool-shoe.de/ we offer you the opportunity to participate in competitions organized by us. The legal basis for the processing of data in the context of the competition is your consent in accordance with Art. 6 Para. 1 lit. a) DSGVO.
The storage serves the purpose of notifying you by e-mail in the event of a win. Furthermore, we store your IP address and the time of your registration each time you register and confirm, in order to prevent misuse of your personal data and to be able to provide proof of correct sending.
XII - Newsletter
If you subscribe to the newsletter, you agree to receive it and to the procedure described below. Newsletters, e-mails and other electronic notifications with promotional information will only be sent with the consent of the recipient or a legal permission.
The registration for our newsletter takes place in a so-called double opt-in procedure. After registration, you will receive an e-mail asking you to confirm your registration. This confirmation is necessary to prevent someone from registering with a foreign e-mail address. The registrations for the newsletter are logged in order to be able to prove the registration process according to the legal requirements. For this purpose, the time of registration and confirmation as well as the IP address are logged. Changes to your data stored with the shipping service provider are also logged. To register for the newsletter, it is sufficient to enter your e-mail address. Optionally, you can enter a name for the purpose of personal address in the newsletter.
The dispatch of the newsletter and the associated performance measurement is based on the consent of the recipients pursuant to Art. 6 para. 1 lit. a) DSGVO or on the basis of legal permission pursuant to § 7 para. 3 UWG. The logging of the registration process takes place on the basis of our legitimate interests pursuant to Art. 6 para. 1 lit. f) DSGVO. Our interest is the use of a user-friendly as well as secure newsletter system that meets the expectations of users and allows us to prove consent. The newsletter can be cancelled at any time. A link to cancel the newsletter can be found at the end of each newsletter.
Our e-mail newsletters are sent via the technical service provider "Klaviyo", 225 Franklin St, Boston, MA 02110, USA (http://www.klaviyo.com/), to whom we pass on the data you provided when registering for the newsletter.
You can view the privacy policy of the shipping service provider here: https://www.klaviyo.com/legal/privacy-notice
The shipping service provider is used on the basis of our legitimate interests pursuant to Art. 6 para. 1 lit. f) DSGVO and an order processing agreement pursuant to Art. 28 para. 3 p. 1 DSGVO.
Please note that your data is usually transferred to a Klaviyo server in the USA and stored there. Klaviyo uses this data to send the newsletter on our behalf and does not use the data of our newsletter recipients to address them itself or to pass it on to third parties.
Klaviyo has implemented compliance measures for international data transfers. These apply to all global activities that process personal data of individuals in the EU. These measures are based on the EU Standard Contractual Clauses (SCCs). For more information, please see:
To protect your data in the U.S., we have entered into a data processing agreement ("Data Processing Agreement") with Klaviyo, in which Klaviyo undertakes to protect our users' data, to process it on our behalf in accordance with the data protection provisions there and, in particular, not to share it with third parties.
XIII - Social plugIns
We use so-called social plugins on our homepage. When you visit our site, a direct connection is established between your browser and, for example, the Facebook server via the plugin. Facebook thereby receives the information that you have visited our site with your IP address. If you click Facebook while you are logged into your respective account, you can link the content of our pages on your Facebook profile. This allows your user profile to be associated with your visit to our site. If you are not a member of Facebook, there is still the possibility that Facebook will learn and store your IP address. According to Facebook, only an anonymized IP address is stored in Germany. If you do not want Facebook to collect data via this online offer, you must log out of Facebook before using our online offer and delete your cookies.
We, as the provider of the site, have no knowledge of the content of the transmitted data or its use by Facebook. For more information, please see Facebook's privacy policy at https://de-de.facebook.com/policy.php.
In addition to the plug-in from Facebook, our site also contains those of the social networks Google+, Twitter, YouTube and Instagram.
You can find further information on the privacy policies of the providers for
- Google + at https://policies.google.com/technologies/partner-sites?hl=de
- Instagram at https://help.instagram.com/155833707900388
The legal basis for this is your consent according to Art. 6 para. 1 lit. a) DSGVO or Art. 49 para. 1 lit. a) DSGVO.
XIV - Duration of the storage of personal data
To the extent permitted by law, we process and store your personal data, in particular for as long as necessary to fulfill the respective purposes.
XV - Your data dubject rights
In the following, you will find information on which data subject rights the applicable data protection law grants you vis-à-vis the controller with regard to the processing of your personal data:
- Right of access:
The right, pursuant to Article 15 of the GDPR, to request information about your personal data processed by us.
- Right to rectification:
The right, pursuant to Art. 16 DSGVO, to request without undue delay the rectification of inaccurate or incomplete personal data we hold about you.
- Right to deletion:
The right, pursuant to Art. 17 DSGVO, to request the deletion of your personal data stored by us, unless the processing is necessary for the exercise of the right to freedom of expression and information, for compliance with a legal obligation, for reasons of public interest, or for the establishment, exercise or defense of legal claims.
- Right to restriction of processing:
The right to request the restriction of the processing of your personal data in accordance with Art. 18 DSGVO, insofar as the accuracy of the data is disputed by you, the processing is unlawful, but you object to its erasure and we no longer need the data, but you need it for the assertion, exercise or defense of legal claims or you have objected to the processing in accordance with Art. 21 DSGVO.
- Right to data portability pursuant to Art. 20 DSGVO:
You have the right to receive your personal data that you have provided to us in a structured, commonly used and machine-readable format or to request that it be transferred to another controller, insofar as this is technically feasible
- Right of complaint:
You have the right to complain to a supervisory authority in accordance with Article 77 DSGVO. As a rule, you can contact the supervisory authority of the federal state of our registered office or, if applicable, that of your usual place of residence or workplace for this purpose.
- Right of withdrawal:
Right to revoke consent given in accordance with Art. 7 (3) DSGVO: You have the right to revoke consent to the processing of data once given at any time with effect for the future. In the event of revocation, we will delete the data concerned without delay, unless further processing can be based on a legal basis for processing without consent. The revocation of consent does not affect the lawfulness of the processing carried out on the basis of the consent until the revocation;
We would like to point out that the easiest way for you to assert your data subject rights in connection with your social media use is against the social media company.
For Facebook, you can find more information at: https://www.facebook.com/legal/terms/information_about_page_insights_data
For Instagram, you can find more information at: https://help.instagram.com/155833707900388
XVI - Right to object
You have the right to object at any time, on grounds relating to your particular situation, to the processing of personal data concerning you which is carried out on the basis of Article 6(1)(e) DSGVO (data processing in the public interest) and Article 6(1)(f), 49(1)(c), (2) of the General Data Protection Regulation (data processing on the basis of a balance of interests); this also applies to profiling based on this provision within the meaning of Article 4 No. 4 DSGVO.
If you object, we will no longer process your personal data unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing serves the purpose of asserting, exercising or defending legal claims.
In individual cases, we process your personal data to conduct direct marketing. You have the right to object at any time to the processing of personal data concerning you for the purposes of such advertising; this also applies to profiling, insofar as it is related to such direct advertising.
If you object to processing for direct marketing purposes, we will no longer process your personal data for these purposes.
The objection can be made form-free and should preferably be addressed to:
OPEN OCEAN SPORTS GmbH
Schleifweg 3
74257 Untereisesheim / Germany
E-Mail: shop@cool-shoe.de
Phone: +49 (0)7132 4024
We would like to point out that the easiest way to assert your data subject rights in connection with your social media use is against the social media company.
For Facebook, you can find more information at: https://www.facebook.com/legal/terms/information_about_page_insights_data
For Instagram, you can find more information at: https://help.instagram.com/155833707900388
XVII - Obligation to provide data
In the context of Internet or social media use, you are only required to provide the personal data that is necessary for use or that we are legally obligated to collect. Without this provided data, meaningful use may be limited or impossible.
XIII - External links
Insofar as links are provided to other websites, we have neither influence nor control over the linked content and the data protection provisions there. We recommend that you check the data protection declarations of linked websites when you access them in order to determine whether and to what extent personal data is collected, processed, used or made available to third parties.
XIX - Automated decision-making in individual cases
Fully automated decision-making pursuant to Art. 22 DSGVO does not take place. Should we use these procedures in individual cases, we will inform you about this separately, provided this is required by law.
XX - Use of data for profiling (Scoring)
We do not process your data with the aim of evaluating certain personal aspects (profiling). In the context of data collection by tracking services, your data will be used to evaluate your usage behavior and possibly to create movement profiles.
XXI - Miscellaneous
At this point, we would like to inform you about other options for protecting your rights, setting options and protecting your privacy with social media companies.
Information from Facebook:
https://www.facebook.com/about/privacy/
as well as in the "Information on Page Insights Data":
https://www.facebook.com/legal/terms/information_about_page_insights_data
Opt-out: https://www.facebook.com/settings?tab=ads
respectively http://www.youronlinechoices.com
