Introduction

 

SwingWorks Systems GmbH, Maienbreite 59, 92318 Neumarkt, with email address info@swingworks.de, represented by the managing directors Nadine Meessen (email: info@swingworks.de) and Sebastian Platschek (email: info@swingworks.de), (hereinafter: "we"), as the operator of the website www.swingworks.de, is responsible for the personal data of the users (hereinafter: “you”) of the website within the meaning of the General Data Protection Regulation (“GDPR”).

 

We protect your privacy and your private data. We collect, process, and use your personal data in accordance with the content of these data protection provisions as well as the applicable data protection regulations, in particular the GDPR (and, if applicable, the ePrivacy regulation if this was implemented in the country from which you are using our website or is there directly applicable). These data protection provisions regulate which personal data we collect, process, and use about you. We therefore ask you to read the following information carefully.

Your consent data will be processed for the use of this website and the use of integrated tools. We use the Amazon Web Services Platform from Amazon Inc. The server is located in Frankfurt (and Ireland for Amazon Simple Email Service). Due to the judgment of the Court of Justice of July 16th, 2020 (Case C311/18), the transfer of personal data to the US on the basis of the Privacy Shield was declared invalid. We would like to inform you that we cannot exclude the fact that data may be transferred to the US and may be subject to access by the US security authorities in accordance with 50 U.S.C. §1881(b)(4), 50 U.S.C. §1881a (= FISA 702).

 

1. Collection of personal data

 

1.1 Personal data within the meaning of these data protection provisions are all information that relate to an identified or identifiable natural person (hereinafter “affected person”). This includes in particular your name, your email address, and, if applicable, your address and telephone number as well as your payment details if you are a registered user.

 

1.2 Personal data also includes information about your use of our website. In this context, we collect personal data from you as follows: Information about your visits to our website such as the scope of the data transfer, the location from which you access data from our website and other connection data and sources that you access. This is usually done through the use of log files and cookies. Further information on log files and cookies can be found below.

 

1.3 In principle, your personal data are stored for a period of no more than 6 months. If we collect your IP address and you are not a registered user, it will only be stored for the time you are using the website and then immediately deleted or anonymized by shortening it. In addition, your data will be stored for a limited period of time, which is based on the following criteria.

2. Purpose of use and legal basis

 

2.1 Purposes of use

We use your personal data for the following purposes:

 

2.1.1 To provide the services you have requested in connection with the use of our internet platform;

 

2.1.2 To ensure that our website is presented to you in the most effective and interesting way possible, e.g. the storage of display preferences;

2.1.3 In order to meet our obligations from any contracts concluded between you and us, in particular the contractual relationship as a registered user of our internet platform;

 

2.1.4 To enable you to participate in interactive offers if you wish;

 

2.1.5 To inform you about changes to our services.

 

2.2 Legal basis

The processing of your personal data takes place on the basis of the following legal grounds:

 

2.2.1 The collection of the data listed in section 1.2 (the information about your visits to the website, e.g. the scope of the data transfer, the location from which you access data from our website, and other connection data) is based on a weighing of interests in accordance with Art. 6 Para. 1 S. 1 lit. f) GDPR.

 

2.2.2 The collection of information about your computer as in section 1.2 and

3.1 (IP address, status, and data volume of the request) is based on a weighing of interests in accordance with Art. 6 Para. 1 S. 1 lit. f) GDPR.

 

2.2.3 The provision of personal data by you as a registered user of this platform is contractually prescribed by section 3.1 of our terms of business.

 

2.2.4 If the consent was the legal basis for data collection/data processing, you can revoke it at any time. The legality of the processing that took place on the basis of the consent up to the point of revocation remains unaffected. 

3. Information about your computer, cookies and targeting, newsletters, and e-mail traffic

 

3.1 Each time you access our site, we collect the following information about your computer: The IP address of your computer, the request from your browser, and the time of this request. In addition, the status and the amount of data transferred are recorded as part of this request. We also collect product and version information about the browser used and the operating system of your computer. We also record the website from which our site was accessed. The IP address of your computer is only stored for the time you are using the website and then immediately deleted or anonymized by being shortened. We use this data for the operation of our website, in particular to determine and eliminate errors on the website, to determine the utilization of the website and to make adjustments or improvements.

 

3.2 Use of our cookies

3.2.1 General

We may also collect information about your use of our website through the use of so-called browser cookies. These are small text files that are stored on your data carrier and that save certain settings and data for exchange with our system via your browser. A cookie usually contains the name of the domain from which the cookie data was sent as well as information about the age of the cookie and an alphanumeric identifier. Cookies enable our systems to recognize the user's device and to make any default settings available immediately. As soon as a user accesses the platform, a cookie is transferred to the hard drive of the respective user's computer. Cookies help us to improve our website and to be able to offer you a better service that is tailored to you. They enable us to recognize your computer when you return to our website and thereby:

- Save information about your preferred activities on the website and thus to tailor our website to your individual interests. This includes, for example, advertising that matches your personal interests.

- Speed up the processing of your inquiries.

To make visiting our website attractive and to enable the use of certain functions, we use cookies on various pages. Some of the cookies we use are deleted after the end of the browser session, i.e. after you close your browser (so-called session cookies). Other cookies remain on your device and enable us or our partner companies to recognize your browser on your next visit (persistent cookies).

 

3.2.2 Consent-free cookies on this website

Your consent is not required for the use of absolutely necessary cookies. Absolutely necessary cookies guarantee functionality without which you would not be able to use this website as intended. These cookies are used exclusively by us and are therefore so-called first party cookies. They are only saved on your computer during the current browser session. Absolutely necessary cookies ensure, for example, that you are redirected back to us after paying with PayPal or Stripe. These cookies also ensure that after a booking in connection with a registration you can continue the booking in the next step after the registration has been completed. This assumes that you are using the same browser and the same device.

Absolutely necessary cookies, such as our "Session ID" cookie, cannot be deactivated via the function of this page. You can set your browser so that you are informed about the setting of cookies and individually decide whether to accept them or to exclude the acceptance of cookies for certain cases or in general. If you do not accept cookies, the functionality of our website may be restricted.

 

3.2.3 First party cookies on this website that require consent

Cookies, which according to a purely legal definition are not absolutely necessary in order to be able to use the website, perform important tasks. Without these cookies, functions that enable comfortable surfing on our website are no longer available. Settings you have made, such as a language selection, cannot be saved and must therefore be queried again on each page.

Cookies that require consent, such as our "language cookie", can be deactivated using the function of this page.

 

3.3 In the cookies we use, only the data explained above about your use of the website is stored. This is not done by assigning it to you personally, but by assigning an identification number to the cookie (“cookie ID”). The cookie ID is not combined with your name, your IP address or similar data that would enable the cookie to be assigned to you. You can find out how to prevent the use of browser cookies in section 3.6.

 

3.4 Our website uses Google Analytics. We only use this technology if you have consented to it, if it is required for the conclusion or fulfillment of a contract with you or if other legal provisions allow this.

 

3.4.1 This website uses Google Analytics, a web analysis service from Google Inc. (“Google”). Google Analytics uses so-called “cookies”, text files that are stored on your computer and that enable your use of the website to be analyzed. The information generated by the cookie about your use of this website is usually transferred to a Google server in the USA and stored there. If IP anonymization is activated on this website, your IP address will be shortened beforehand by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. The full IP address is only transmitted to a Google server in the USA and shortened there in exceptional cases. On behalf of the operator of this website, Google will use this information to evaluate your use of the website, to compile reports on website activity and to provide the website operator with other services related to website activity and internet usage.

 

3.4.2 The IP address transmitted by your browser as part of Google Analytics will not be merged with other Google data.

 

3.4.3 You can prevent the storage of cookies by setting your browser software accordingly; however, we would like to point out that in this case you may not be able to use all functions of this website to their full extent. You can also prevent Google from collecting the data generated by the cookie and relating to your use of the website (including your IP address) and from processing this data by Google by using the browser plug-in available under the following link. Download and install it from: http://tools.google.com/dlpage/gaoptout?hl=en.

 

3.4.4 This website uses Google Analytics with the extension "_anonymizeIp ()". As a result, IP addresses are further processed in abbreviated form, so that personal references can be excluded. If the data collected about you can be linked to a person, this will be immediately excluded and the personal data will be immediately deleted.

 

3.4.5 We use Google Analytics to analyze the use of our website and to improve it regularly. We can use the statistics obtained to improve our offer and make it more interesting for you as a user. 

 

3.4.6 Third-party information: Google Dublin, Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Ireland, Fax: +353 (1) 436 1001. Terms of use: http://www.google.com/analytics/terms/de.html, overview of data protection: http://www.google.com/intl/de/analytics/learn/privacy.html, as well as the data protection declaration: http://www.google.de/intl/de/ policies/privacy.

 

3.4.7 This website also uses Google Analytics for a cross-device analysis of visitor flows, which is carried out via a user ID. You can deactivate the cross-device analysis of your usage in your customer account under "My data", "Personal data".

 

3.5 We work together with business partners who support us in making the internet offer and the website more interesting for you. Therefore, when you visit the website, cookies from these partner companies are also stored on your hard drive. These are cookies that are automatically deleted after the specified time. The cookies of our partner companies also only collect data using a cookie ID, which enables our advertising partners to address you with advertising that may actually be of interest to you. You can find out how you can prevent the use of such cookies in section 3.6.

 

3.6 If you do not want browser cookies to be used, you can set your browser so that the storage of cookies is not accepted. Please note that in this case you may only be able to use our website to a limited extent or not at all. If you only want to accept our own cookies, but not the cookies from our service providers and partners, you can select the setting in your browser "Block third-party cookies". 

3.7 Newsletter

 

3.7.1 With your consent, you can subscribe to our newsletter, which we use to inform you about our current interesting offers. The advertised goods and services are named in the declaration of consent.

 

3.7.2 We use the so-called double opt-in procedure to register for our newsletter. This means that after your registration we will send you an email to the email address provided, in which we ask you to confirm that you wish to receive the newsletter. If you do not confirm your registration within 3 days, your information will be blocked and automatically deleted after one month. In addition, we save the IP addresses you use and the times of registration and confirmation. The purpose of the procedure is to be able to prove your registration, and, if necessary, to clarify any possible misuse of your personal data.

 

3.7.3 The only mandatory information for sending the newsletter is your email address. The provision of further separately marked data is voluntary and is used in order to be able to address you personally. After your confirmation, we will save your data for the purpose of sending you the newsletter. The legal basis is Art. 6 Para. 1 S. 1 lit. a GDPR.

 

3.7.4 You can revoke your consent to the sending of the newsletter at any time and unsubscribe from the newsletter. You can declare your revocation by clicking on the link provided in each newsletter email, by email to info@swingworks.de or by sending a message to the contact details given in the imprint.

 

3.7.5 We would like to point out that we will evaluate your user behavior when sending the newsletter. For this evaluation, the emails sent contain so-called web beacons or tracking pixels, which represent one-pixel image files that are stored on our website. For the evaluations, we link the data mentioned in section 3.7.3 and the web beacons with your email address and an individual ID. Links received in the newsletter also contain this ID. With the data obtained in this way, we create a user profile in order to tailor the newsletter to your individual interests. We record when you read our newsletters, which links you click on in them and deduce your personal interests from this. We link this data with actions you have taken on our website.

 

3.7.6 You can object to this tracking at any time by unsubscribing from the newsletter by clicking on the separate link provided in every email or informing us via another contact channel. The information is stored as long as you have subscribed to the newsletter. After you unsubscribe, we save the data purely statistically and anonymously.

 

3.8 Communication between you and us by email

We always try to conduct all communication with you by email. On the content level, we design emails in such a way that they do not contain any personal data. In particular, we do not use a combination of first and last name in the salutation, so that the recipient of our email cannot be identified by name. Our email server also uses STARTTLS. With this type of encryption at the transport level, both, meta data and content data are encrypted during the connection between mail client and server or between different mail servers. This ensures that the email cannot be read by third parties while it is being transported over insecure networks such as the Internet. If the server of your email provider also uses STARTTLS, the mail traffic between us and your mail server is encrypted. On your mail server, however, the email is in plain text; because the mail is then in your sphere of influence, you determine the level of security yourself. 

4. Data security

 

All information that you transmit to us is stored on servers within the European Union. Unfortunately, the transmission of information over the internet is not completely secure, which is why we cannot guarantee the security of the data transmitted to our website via the internet. However, we use technical and organizational measures to secure our website and other systems against loss, destruction, access, modification, or distribution of your data by unauthorized persons. In particular, your personal data will be transmitted encrypted with us. We use the coding system SSL (Secure Socket Layer).

 

5. No transfer of your personal data

 

We do not pass on your personal data to third parties unless you have instructed us to pass it on (for example by booking golf lessons with a provider, using PayPal or Stripe as a payment method during the booking process), consented to the data transfer, or we are entitled or obliged to transfer data due to legal provisions and/or official or judicial orders. In particular, this may involve the provision of information for purposes of criminal prosecution, to avert danger or to enforce intellectual property rights.

 

6. Data protection and third party websites

 

The website may contain hyperlinks to and from third party websites. If you follow a hyperlink to one of these websites, please note that we cannot accept any responsibility or guarantee for third-party content or data protection conditions. Please make sure of the applicable data protection conditions before you submit personal data to these websites.

 

7. Google Web Fonts

 

This page uses so-called web fonts, which are provided by Google, for the uniform display of fonts. When you call up a page, your browser loads the required web fonts into your browser cache in order to display texts and fonts correctly.

For this purpose, the browser you are using must connect to the Google servers. This gives Google knowledge that our website has been accessed via your IP address. The use of Google Web Fonts takes place in the interest of a uniform and appealing presentation of our online offers. This represents a legitimate interest within the meaning of Art. 6 Para. 1 lit. f GDPR.

If your browser does not support web fonts, a standard font will be used by your computer.

Further information on Google Web Fonts can be found at https://developers.google.com/fonts/faq and in Google's data protection declaration: https://www.google.com/policies/privacy/.

 

8. Google Maps

 

This site uses the Google Maps map service via an API. The provider is Google Inc., 1600 Amphitheater Parkway, Mountain View, CA 94043, USA.

To use the functions of Google Maps it is necessary to save your IP address. This information is usually transferred to a Google server in the USA and stored there. The provider of this site has no influence on this data transfer.

Google Maps is used in the interest of an appealing presentation of our online offers and to make it easy to find the places we have indicated on the website. This represents a legitimate interest within the meaning of Art. 6 Para. 1 lit. f GDPR.

You can find more information on handling user data in Google's data protection declaration: https://www.google.de/intl/de/policies/privacy/.

9. Changes to this privacy policy

 

We reserve the right to change these data protection provisions at any time with future effect. A current version is available on the website. Please visit the website regularly and find out about the applicable data protection regulations.

 

10. Your rights and contact

 

You have extensive rights with regard to the processing of your personal data. First of all, you have a comprehensive right to information, and, if necessary, you can request the correction and/or deletion and/or blocking of your personal data. You can also request a restriction of processing and have a right of objection and a right to data transferability. If you want to assert one of your rights and/or receive more information about this, please contact us at info@swingworks.de.

You also have the right to lodge a complaint with a supervisory authority. If you have any questions, comments or inquiries regarding the collection, processing, and use of your personal data by us, please also contact us using the contact details provided.

 

Last update: March 2021