Responsible in terms of the DSGVO
International Powerman Association
Brennerlaan 9 5801KC Venray
Data protection is not a duty for larasch, but a basic element of fair dealing with our community. So before we describe the many details and features with regard to the regulations in the DSGVO, we want to introduce our basic principles, according to which we always act when it comes to new content and features for our sports community:
1. we only request as little data from you as possible. You can see this, for example, in our photo order: we don't want to know more than one e-mail address for sending the image file.
2. we only store existing data as long as it is necessary. The longest periods are the legal retention periods for orders.
3. all your input will be transmitted from your browser to our server via a secure, encrypted path. You can recognize this by the green lock symbol in the URL line of your web browser.
If reference is made in this declaration to specific "articles", these are always articles of the DSGVO.
The data processed by powerman.org, the nature, scope, purpose and necessity of their processing, are determined by the underlying contractual relationship. To the processed data belong in principle master data (e.g., name, address, etc.), contact data (e.g., e-mail address, telephone, etc.), contract data (e.g., services used, prices, names of contact persons, etc.) and payment data (e.g., bank account, payment history, etc.)
The data will be deleted when the data is no longer required to fulfill contractual or legal duties of care and to deal with any warranty or comparable obligations, whereby the necessity of keeping the data will be reviewed every three years; in all other respects, the legal obligations to keep records apply.
The data processed by us will be deleted or restricted in their processing in accordance with Articles 17 and 18. Unless expressly stated otherwise in this data protection declaration, the data stored by us will be deleted as soon as they are no longer required for their intended purpose and the deletion does not conflict with any statutory storage obligations. If the data are not deleted because they are required for other and legally permissible purposes, their processing will be restricted. This means that the data is blocked and not processed for other purposes. This applies, for example, to data that must be retained for commercial or tax law reasons. According to the legal requirements in Germany, the storage is in particular for 10 years according to §§ 147 paragraph 1 AO, 257 paragraph 1 No. 1 and 4, paragraph 4 HGB (books, records, management reports, accounting vouchers, commercial books, documents relevant for taxation, etc.) and 6 years according to § 257 paragraph 1 No. 2 and 3, paragraph 4 HGB (commercial letters).
In accordance with Art. 13 DSGVO, we hereby inform you of the legal basis of our data processing. If the legal basis is not stated in the data protection declaration, the following applies:
The legal basis for obtaining consent is Article 6 paragraph 1 point a) and Article 7.
The legal basis for processing for the purpose of fulfilling our services and implementing contractual measures and replying to requests is Article 6 paragraph 1 point b), the legal basis for processing for the purpose of fulfilling our legal obligations is Article 6 paragraph 1 point c), the legal basis for processing for the purpose of safeguarding our legitimate interests is Article 6 paragraph 1 point f).
In cases where vital interests of the data subject or of another natural person require the processing of personal data, Article 6(1)(d) serves as the legal basis.
Right of access to information
You have the right to obtain confirmation as to whether or not data in question is being processed and the right to access such data and to obtain further information and a copy of the data in accordance with Article 15.
Right of rectification
You have the right to request the completion of the data concerning you or the correction of incorrect data concerning you, in accordance with article 16.
Right to erasure
You have the right to request that the data concerned be erased immediately in accordance with Article 17 or, alternatively, that the processing of the data be restricted in accordance with Article 18.
Right to limit processing
You have the right to limit the processing of your personal data under certain conditions, which are regulated in article 18. These conditions include, for example, the elimination of the necessity of the data for the original purpose or if there are legitimate doubts about the accuracy of the data in our processing. During the period of limitation of processing in accordance with Article 18, the data concerned - apart from their storage - may only be processed with your consent or in connection with legal proceedings.
Right to data transferability
You also have the right to request that the data concerning you that you have provided us with be received in accordance with article 20 and to request that it be communicated to other responsible parties.
Right to complain
According to Article 77, everyone has the right to lodge a complaint with the competent supervisory authority.
Right of withdrawal
You have the right to revoke any consent given in accordance with Article 7 paragraph 3 with effect for the future.
Right of objection
Article 6(1)(e) or (f) formulate the lawfulness of data processing without the explicit consent of the data subject. You have the right to object at any time to the corresponding future processing of data concerning you in accordance with Article 21. The objection may in particular be made against processing for the purposes of direct marketing.
In this context, we expressly document that powerman.org does not carry out data processing for the purpose of profiling its users or for the purpose of automated decision making.
We shall take appropriate technical and organizational measures in accordance with Article 32 to ensure a level of protection appropriate to the risk.
These measures include securing the confidentiality, integrity and availability of data by controlling physical access to the data through a corresponding user/role concept with protection by passwords as well as daily data backup routines.
We have defined appropriate processes and responsibilities to ensure that data subjects' rights are protected, that data is deleted, and that data is reacted to threats.
Already during software development and feature design, we take the protection of personal data into account by implementing future-proof data storage, encryption of sensitive data in our databases and physical separation of sensitive data from the outset. In this way we comply with the principle of data protection through technology design and through data protection-friendly default settings in accordance with Article 25.
Cookies" are small files that are stored on the user's computer. Different information can be stored within the cookies. A cookie is primarily used to store information about a user (or the device on which the cookie is stored) during or after his visit to an online service. Temporary cookies, or "session cookies" or "transient cookies", are cookies that are deleted after a user leaves an online offer and closes his browser. In such a cookie, for example, the contents of a shopping cart in an online store or a login status can be stored. Cookies are described as "permanent" or "persistent" if they remain stored even after the browser is closed. For example, the login status can be saved if the user visits it after several days. Likewise, the interests of the users can be stored in such a cookie, which is used for range measurement or marketing purposes. Third-party cookies are cookies that are offered by providers other than the person responsible for operating the online service (otherwise, if it is only their cookies, it is called "first-party cookies").
If users do not want cookies to be stored on their computer, they are asked to deactivate the corresponding option in the system settings of their browser. Stored cookies can be deleted in the system settings of the browser. The exclusion of cookies can lead to functional limitations of this online offer.
If, in the course of our processing, we disclose data to other persons and companies (processors or third parties), transfer it to them or otherwise grant them access to the data, this will only take place on the basis of a legal authorization (e.g. if the data must be transferred to third parties, such as payment service providers, in accordance with Article 6 paragraph 1 point b) for the purpose of fulfilling the contract), or if you have consented, or a legal obligation provides for this, or on the basis of our legitimate interests (e.g. when using our webhoster in Germany).
If we commission third parties to process data on the basis of a so-called "contract processing agreement", this is done on the basis of Article 28.
Transfers to third countries
If we process data in a third country (i.e. outside the European Union (EU) or the European Economic Area (EEA)) or if this is done in the context of using the services of third parties or disclosure or transfer of data to third parties, this will only take place if it is done to fulfil our (pre-)contractual obligations, on the basis of your consent, on the basis of a legal obligation or on the basis of our legitimate interests. Subject to legal or contractual permissions, we will only process or have processed the data in a third country if the special requirements of Articles 44 ff. are met. This means that the processing is carried out, for example, on the basis of special guarantees, such as the officially recognized establishment of a level of data protection equivalent to that in the EU (e.g. for the USA through the "Privacy Shield") or compliance with officially recognized special contractual obligations (so-called "standard contractual clauses").
Additionally we process
- Contract data (e.g., object of contract, duration, customer category).
- Payment data (e.g., bank details, payment history)
by our customers, interested parties and business partners for the purpose of providing contractual services, service and customer care, marketing, advertising and market research.
Order processing in the online store and customer account
We process the data of our customers in the context of the order procedures in our online store, in order to make the selection and the order of the selected products and services, as well as their payment and delivery, and/or execution possible for them.
The processed data includes inventory data, communication data, contract data, payment data and the persons affected by the processing include our customers, interested parties and other business partners. The processing is carried out for the purpose of providing contractual services within the operation of an online store, billing, delivery and customer services. We use session cookies to store the contents of the shopping cart and permanent cookies to store the login status.
The processing is based on article 6 paragraph 1 point b) (execution of order processes) and c) (legally required archiving). The information marked as required is required for the justification and fulfillment of the contract. We disclose the data to third parties only within the scope of delivery, payment or within the scope of legal permits and obligations to legal advisors and authorities. The data will only be processed in third countries if this is necessary for the fulfillment of the contract (e.g. upon customer request for delivery or payment).
Users can optionally create a user account, in which they can especially view their orders. During the registration process, the required mandatory data will be provided to the users. The user accounts are not public and cannot be indexed by search engines. If users have terminated their user account, their data with regard to the user account will be deleted, subject to their retention is necessary for commercial or tax law reasons according to Article 6 paragraph 1 point c). Data in the user account will remain until its deletion with subsequent archiving in case of a legal obligation. It is the responsibility of the users to save their data in case of termination before the end of the contract.
Within the scope of registration and renewed logins and use of our online services, we store the IP address and the time of the respective user action. The storage is based on our legitimate interests, as well as the user's need for protection against misuse and other unauthorized use. This data will not be passed on to third parties unless it is necessary to pursue our claims or there is a legal obligation to do so in accordance with Art. 6 Para. 1 lit. c DSGVO.
Deletion is carried out after the expiry of legal warranty and comparable obligations, the necessity of storing the data is reviewed every three years; in the case of legal archiving obligations, deletion is carried out after their expiry (end of commercial (6 years) and tax (10 years) storage obligation).
External payment service providers
In the context of the fulfillment of contracts we use payment service providers on the basis of article 6 paragraph 1 point b). In addition, we use external payment service providers on the basis of our legitimate interests in accordance with Article 6 paragraph 1 point f) to provide our users with effective and secure payment options.
The data processed by the payment service providers include inventory data, such as name and address, bank data, such as account or credit card numbers, passwords, TANs and checksums, as well as contract, sum and recipient related data. These details are required to complete the transactions. However, the data entered is only processed by the payment service providers and stored by them. This means that we do not receive any account or credit card-related information, but only information with confirmation or negative information about the payment. Under certain circumstances, the payment service providers may transfer the data to credit agencies. The purpose of this transmission is to check identity and creditworthiness. In this regard, we refer to the general terms and conditions and data protection notices of the payment service providers.
For payment transactions, the terms and conditions and the data protection information of the respective payment service providers apply, which can be accessed within the respective websites or transaction applications. We also refer to them for further information and the assertion of rights of revocation, information and other rights of affected persons.
Amazon Partner Program
We are on the basis of our legitimate interests (i.e. interest in the economic operation of our online offer in the sense of Article 6 paragraph 1 point f)) Participant of the Amazon EU affiliate program, which is designed to provide a medium for websites to earn advertising revenue by placing advertisements and links to Amazon.co.uk (so-called affiliate system)
I.e. as an Amazon partner we earn on qualified purchases.
Note: Amazon and the Amazon logo are trademarks of Amazon.com, Inc. or one of its affiliates.
Comments and contributions
If you leave comments or other contributions as a user, your IP addresses may be stored for 7 days on the basis of our legitimate interests as defined in Article 6 paragraph 1 point f). This is done for our security in case someone leaves illegal content in comments and contributions (insults, prohibited political propaganda, etc.). In this case we can be prosecuted ourselves for the comment or contribution and are therefore interested in the identity of the author. Furthermore, we reserve the right, on the basis of our legitimate interests according to article 6 paragraph 1 point f), to process the information provided by users for the purpose of spam detection.
The data provided in the context of the comments and contributions will be permanently stored by us until the users object.
When contacting us (e.g. via contact form, e-mail, telephone or via social media), the user's details are processed for the purpose of handling the contact request and its processing in accordance with Article 6 paragraph 1 point b) DSGVO. The user's details may be stored in a customer relationship management system ("CRM system") or comparable inquiry organization.
We will delete the inquiries if they are no longer required. We review the necessity every two years; furthermore, the statutory archiving obligations apply.
With the following notes we inform you about the contents of our newsletter as well as the registration, dispatch and statistical evaluation procedure and your right of objection:
By subscribing to our newsletter, you agree to receive it and to the described procedures.
Content of the newsletter: We send newsletters, e-mails and other electronic notifications containing advertising information (hereinafter referred to as "newsletter") only with the consent of the recipients or a legal permission. If, in the course of registering for the newsletter, its contents are specifically described, they are decisive for the consent of the users. Furthermore, our newsletters contain information about our services and us.
Double-Opt-In and logging: The registration to our newsletter is done in a so-called Double-Opt-In procedure. That means you will receive an e-mail after registration in which you will be asked to confirm your registration. This confirmation is necessary so that nobody can register with foreign e-mail addresses. The registrations for the newsletter are logged in order to be able to prove the registration process according to the legal requirements. This includes the storage of the registration and confirmation time as well as the IP address. Changes to your data stored with the delivery service provider are also logged.
To subscribe to the newsletter, it is sufficient to enter your personal e-mail address.
Optionally, we ask you to enter your name in order to address you personally in the newsletter.
The dispatch of the newsletter and the measurement of success associated with it are based on your consent as recipient according to article 6 paragraph 1 point a) and article 7 in conjunction with § 7 paragraph 2 No. 3 UWG or, if consent is not required, on our legitimate interests in direct marketing according to article 6 paragraph 1 point f) in conjunction with article 6 paragraph 1. § Article 7 Paragraph 3 of the UWG.
The logging of the registration procedure is based on our legitimate interests in accordance with Article 6 paragraph 1 point f). We are interested in the use of a user-friendly and secure newsletter system that serves our business interests as well as the expectations of the users and also allows us to prove their consent.
You can cancel the receipt of our newsletter at any time, i.e. revoke your consent. A link to cancel the newsletter can be found at the end of each newsletter. We may store the unsubscribed email addresses for up to three years based on our legitimate interests before we delete them to prove a previously given consent. The processing of this data is limited to the purpose of a possible defense against claims. An individual request for deletion is possible at any time, provided that the former existence of a consent is confirmed at the same time.
Online presence in social media
We maintain online presences within social networks and platforms in order to be able to communicate with the customers, interested parties and users active there and to inform them about our services. When accessing the respective networks and platforms, the terms and conditions and data processing guidelines of their respective operators apply.
Integration of third party services and content
We set within our online offer on the basis of our legitimate interests (i.e. interest in the analysis, optimization and economic operation of our online offer within the meaning of Article 6 paragraph 1 point f)) content or service offerings from third parties in order to incorporate their content and services, such as videos or fonts (hereinafter referred to collectively as "Content").
This always presupposes that the third party providers of such content are aware of the IP address of the users, as without the IP address they would not be able to send the content to their browsers. The IP address is therefore necessary for the display of this content. We make every effort to use only such content whose respective providers use the IP address only to deliver the content. Third party providers may also use so-called pixel tags (invisible graphics, also known as "web beacons") for statistical or marketing purposes. The "pixel tags" can be used to evaluate information such as visitor traffic on the pages of this website. The pseudonymous information may also be stored in cookies on the user's device and may contain technical information about the browser and operating system, referring websites, visiting times and other details about the use of our online offer, as well as being linked to such information from other sources.
Google Tag Manager
Google Tag Manager is a solution that allows us to manage so-called website tags via an interface (and thus integrate e.g. Google Analytics and other Google marketing services into our online offering). The Tag Manager itself (which implements the tags) does not process any personal user data. With regard to the processing of users' personal data, we refer to the following information on Google services. Usage guidelines: https://www.google.com/intl/de/tagmanager/use-policy.html.
Google is certified under the Privacy Shield Agreement and thus offers a guarantee to comply with European data protection law (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).
Google will use this information on our behalf to evaluate the use of our website by the users, to compile reports on the activities within this website and to provide us with further services related to the use of this website and the internet. The processed data can be used to create pseudonymous user profiles of the users.
We only use Google Analytics with activated IP anonymization. This means that the IP address of the user is shortened 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 is the full IP address transferred to a Google server in the USA and shortened there.
The IP address transmitted by the user's browser is not merged with other Google data. Users can prevent the storage of cookies by adjusting their browser software accordingly; users can also prevent the collection of data generated by the cookie and related to their use of the online offer to Google and the processing of this data by Google by downloading and installing the browser plug-in available at the following link: http://tools.google.com/dlpage/gaoptout?hl=de.
The users' personal data will be deleted or anonymized after 14 months.
Google Adsense with non-personalized ads
On the basis of our legitimate interests (i.e. interest in the analysis, optimization and economic operation of our online offer within the meaning of Art. 6 para. 1 lit. f. DSGVO) the services of Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA, ("Google").
Google is certified under the Privacy Shield Agreement and thus offers a guarantee of compliance with European data protection law (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).
We use the AdSense service to display ads on our website and receive compensation for their display or other use. For these purposes, usage data such as the click on an advertisement and the IP address of the user are processed, whereby the IP address is shortened by the last two digits. Therefore, the processing of user data is pseudonymized.
We use Adsense with non-personalized ads. The ads are not displayed based on user profiles. Non-personalized ads are not based on previous user behavior. Targeting uses contextual information, including rough (e.g., at the location level) geographic targeting based on the current location, the content on the current website or app, and current search terms. Google prohibits any personalized targeting, including demographic targeting and targeting based on user lists.
To the best of our knowledge, OpenStreetMap uses user data exclusively for the purpose of displaying map functions and temporarily storing the selected settings. This data may include, in particular, IP addresses and location data of the users, which, however, will not be collected without their consent (usually in the context of the settings of their mobile devices).
Use of Facebook Social Plugins
On the basis of our legitimate interests (i.e. interest in the analysis, optimization and economic operation of our online offer within the meaning of Art. 6 para. 1 lit. f. DSGVO) Social Plugins ("Plugins") of the social network facebook.com, which is operated by Facebook Ireland Ltd, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland ("Facebook"). The Plugins can display interaction elements or content (e.g. videos, graphics or text contributions) and can be recognized by one of the Facebook logos (white "f" on blue tile, the words "Like", "Like" or a "thumbs up" sign) or are marked with the addition "Facebook Social Plugin". The list and appearance of the Facebook Social Plugins can be viewed here: https://developers.facebook.com/docs/plugins/.
Facebook is certified under the Privacy Shield Agreement and thus offers a guarantee to comply with European data protection law (https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active).
When a user calls up a function of this online offer that contains such a plugin, his device establishes a direct connection with the Facebook servers. The content of the plugin is transmitted by Facebook directly to the user's device and integrated into the online offer by the user. User profiles can be created from the processed data. We therefore have no influence on the extent of the data that Facebook collects with the help of this plugin and therefore inform the users according to our state of knowledge.
By integrating the plugins, Facebook receives the information that a user has called up the corresponding page of the online offer. If the user is logged in to Facebook, Facebook can assign the visit to his or her Facebook account. When users interact with the plugins, for example, by pressing the Like button or posting a comment, the corresponding information is transmitted directly from your device to Facebook and stored there. If a user is not a member of Facebook, it is still possible for Facebook to find out his or her IP address and store it. According to Facebook, only an anonymized IP address is stored in Germany.
The purpose and scope of the data collection and the further processing and use of the data by Facebook, as well as the relevant rights and setting options to protect the privacy of users, can be found in the Facebook data protection information: https://www.facebook.com/about/privacy/.
If a user is a Facebook member and does not want Facebook to collect data about him or her via this online offer and link it to his or her membership data stored on Facebook, he or she must log out of Facebook and delete his or her cookies before using our online offer. Further settings and objections to the use of data for advertising purposes are possible within the Facebook profile settings: https://www.facebook.com/settings?tab=ads or via the US site http://www.aboutads.info/choices/ or the EU site http://www.youronlinechoices.com/. The settings are platform-independent, i.e. they are adopted for all devices, such as desktop computers or mobile devices.