1) Introduction and Contact Information for the Data Controller

1.1We are pleased that you are visiting our website and thank you for your interest. Below, we provide information about how we handle your personal data when you use our website. Personal data refers to any data that can be used to personally identify you.

1.2The data controller for this website, as defined by the General Data Protection Regulation (GDPR), is Fitonit GmbH, Bahnstraße 34, 82131 Stockdorf, Germany, Tel.: +49-8989949091, Email: info@fitonit.de. The controller is the natural or legal person who, alone or jointly with others, determines the purposes and means of the processing of personal data.

2) Data Collection When You Visit Our Website

2.1When you use our website for informational purposes only—that is, if you do not register or otherwise provide us with information—we collect only the data that your browser transmits to the website server (so-called “server log files”). When you visit our website, we collect the following data, which is technically necessary for us to display the website to you:

• The website we visited
• Date and time of access
• Amount of data sent in bytes
• Source/link that brought you to this page
• Browser Used
• Operating System Used
• IP address used (if applicable: in anonymized form)

Data processing is carried out in accordance with Article 6(1)(f) of the GDPR based on our legitimate interest in improving the stability and functionality of our website. The data will not be disclosed or used for any other purpose. However, we reserve the right to review the server log files retrospectively should there be concrete evidence of unlawful use.

2.2For security reasons and to protect the transmission of personal data and other confidential content (e.g., orders or inquiries to the data controller), this website uses SSL or TLS encryption. You can recognize an encrypted connection by the “https://” prefix and the padlock icon in your browser’s address bar.

3) Hosting & Content Delivery Network

To host our website and display its content, we use a provider that delivers its services—either directly or through selected subcontractors—exclusively on servers located within the European Union.

All data collected on our website is processed on these servers.

We have entered into a data processing agreement with the provider that ensures the protection of our website visitors' data and prohibits its unauthorized disclosure to third parties.

4) Cookies

To make your visit to our website more enjoyable and to enable the use of certain features, we use cookies—small text files that are stored on your device. Some of these cookies are automatically deleted when you close your browser (so-called “session cookies”), while others remain on your device for a longer period and allow page settings to be saved (so-called “persistent cookies”). In the latter case, you can find the storage duration in the overview of your web browser’s cookie settings.

To the extent that personal data is processed through individual cookies we use, such processing is carried out in accordance with Article 6(1)(b) of the GDPR either for the performance of a contract, pursuant to Article 6(1)(a) of the GDPR in the event that consent has been given, or pursuant to Article 6(1)(f) of the GDPR to safeguard our legitimate interests in ensuring the best possible functionality of the website and a user-friendly and effective experience for visitors.

You can configure your browser so that you are notified when cookies are set and can decide on a case-by-case basis whether to accept them, or you can block cookies in specific cases or in general.

Please note that if you do not accept cookies, the functionality of our website may be limited.

5) Making Contact

When you contact us (e.g., via the contact form or by email), we process your personal data—solely for the purpose of handling and responding to your inquiry and only to the extent necessary for that purpose.

The legal basis for processing this data is our legitimate interest in responding to your inquiry pursuant to Article 6(1)(f) of the GDPR. If your inquiry is aimed at entering into a contract, the additional legal basis for processing is Article 6(1)(b) of the GDPR. Your data will be deleted when it is clear from the circumstances that the matter in question has been conclusively resolved and provided that no statutory retention requirements preclude such deletion.

6) Data Processing When Opening a Customer Account

In accordance with Article 6(1)(b) of the GDPR, personal data will continue to be collected and processed to the extent necessary when you provide it to us upon opening a customer account. You can find out which data is required to open an account by referring to the input fields on the corresponding form on our website.

You may delete your customer account at any time by sending a message to the address of the data controller listed above. Once your customer account has been deleted, your data will be deleted, provided that all contracts concluded in connection with it have been fully fulfilled, there are no statutory retention periods that prevent this, and we no longer have a legitimate interest in continuing to store the data.

7) Use of Customer Data for Direct Marketing

7.1Subscription to Our Email Newsletter

If you subscribe to our email newsletter, we will send you regular updates about our offers. The only required information for receiving the newsletter is your email address. Providing additional information is voluntary and is used to address you personally. We use the so-called double opt-in procedure to send the newsletter, which ensures that you will only receive the newsletter once you have explicitly confirmed your consent to receive it by clicking on a verification link sent to the email address you provided.

By clicking the confirmation link, you give us your consent to use your personal data in accordance with Article 6(1)(a) of the GDPR. In doing so, we store your IP address as provided by your Internet Service Provider (ISP), as well as the date and time of registration, so that we can investigate any potential misuse of your email address at a later date. The data we collect when you subscribe to the newsletter is used strictly for the intended purpose.

You can unsubscribe from the newsletter at any time by clicking the link provided in the newsletter or by sending a message to the data controller listed at the beginning of this notice. Once you have unsubscribed, your email address will be deleted immediately from our newsletter distribution list, unless you have expressly consented to the continued use of your data or we reserve the right to use your data for other purposes that are permitted by law and about which we inform you in this statement.

7.2Shopping Cart Reminders via Email

If you cancel your purchase with us before completing your order, you have the option to receive a one-time email reminder of the contents of your virtual shopping cart.

The only required information for sending this reminder is your email address. Providing additional information is optional and may be used to address you personally. We use the so-called double opt-in procedure for sending emails, which ensures that you will not receive a notification until you have expressly confirmed your consent by clicking on a verification link sent to the email address you provided.

By clicking the confirmation link, you give us your consent to use your personal data in accordance with Article 6(1)(a) of the GDPR to send you a shopping cart reminder. In doing so, we store your IP address as provided by your Internet Service Provider (ISP), as well as the date and time of registration, in order to be able to trace any potential misuse of your email address at a later date. The data we collect when you sign up for our email notification service is used strictly for the intended purpose.

You can unsubscribe from shopping cart reminders at any time by sending a message to the contact person listed at the beginning of this notice. Once you have unsubscribed, your email address will be promptly deleted from our mailing list set up for this purpose, unless you have expressly consented to further use of your data or we reserve the right to use your data for other purposes that are permitted by law and about which we inform you in this notice.

8) Data Processing for Order Fulfillment

8.1To the extent necessary for the performance of the contract for delivery and payment purposes, the personal data we collect will be disclosed to the contracted shipping company and the contracted financial institution in accordance with Article 6(1)(b) of the GDPR.

If, based on a relevant contract, we are obligated to provide you with updates for goods containing digital elements or for digital products, we will process the contact information you provided when placing your order in order to personally notify you in accordance with our legal obligations to provide information under Article 6(1)(c) of the GDPR. Your contact information will be used strictly for the specific purpose of notifying you about updates we are obligated to provide, and we will process it for this purpose only to the extent necessary to provide the relevant information.

To process your order, we also work with the service provider(s) listed below, who assist us, in whole or in part, in fulfilling the contracts we have entered into. Certain personal data is transferred to these service providers in accordance with the following information.

8.2Post & DHL Shipping (Official)

To prepare your shipment, we use the services of the following provider: Deutsche Post DHL Research And Innovation GmbH, Kurt-Schumacher-Str. 1, 53113 Bonn
In accordance with Article 6(1)(b) of the GDPR, we transmit digital shipping labels containing your delivery information exclusively for the purpose of processing your online order from our order processing system to the provider, who then sends them to our local printers to enable printing. Data is disclosed only to the extent that it is actually necessary for order processing.

8.3Use of Payment Service Providers (Payment Services)

- Klarna

This website offers one or more online payment methods from the following provider: Klarna Bank AB, Sveavägen 46, 111 34 Stockholm, Sweden

If you select a payment method offered by the provider that requires you to pay in advance (such as credit card payment), your payment details provided during the ordering process (including name, address, bank and payment card information, currency, and transaction number), as well as information about the contents of your order, will be shared with the provider in accordance with Article 6(1)(b) of the GDPR. In this case, your data is transferred exclusively for the purpose of processing the payment with the provider and only to the extent necessary for this purpose.

If you select a payment method in which the seller pays in advance (such as purchase by invoice, installment plan, or direct debit), you will also be asked during the ordering process to provide certain personal information (first and last name, street, house number, ZIP code, city, date of birth, email address, phone number, and, if applicable, information about an alternative payment method).

To safeguard our legitimate interest in determining our customers’ creditworthiness, we forward this data to the provider in accordance with Article 6(1)(f) of the GDPR for the purpose of a credit check. Based on the personal data you have provided, as well as additional data (such as your shopping cart, invoice amount, order history, and payment history), the provider assesses whether the payment method you have selected can be granted in light of the risks of non-payment and/or bad debt.

In addition to the provider’s internal criteria pursuant to Article 6(1)(f) of the GDPR, identity and creditworthiness information from the following credit bureaus may also be taken into account when making a decision as part of the application review:

https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/credit_rating_agencies

The credit report may contain probability values (so-called "score" values). To the extent that score values are included in the credit report, they are based on a scientifically recognized mathematical and statistical method. The calculation of the score values takes into account, among other things, but not exclusively, address data.

You may object to this processing of your data at any time by sending us a message or contacting the provider. However, the provider may still be entitled to process your personal data if this is necessary for payment processing in accordance with the contract.
- PayPal Checkout

This website uses PayPal Checkout, an online payment system from PayPal that combines PayPal's own payment methods with local payment methods from third-party providers.

When paying via PayPal, credit card via PayPal, direct debit via PayPal, or—if offered—“Pay Later” via PayPal, we will share your payment information with PayPal (Europe) S.a.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter “PayPal”) for the purpose of processing your payment. This transfer is made in accordance with Article 6(1)(b) of the GDPR and only to the extent necessary for payment processing.

PayPal reserves the right to conduct a credit check for the following payment methods: credit card via PayPal, direct debit via PayPal, or—if offered—“Pay Later” via PayPal. For this purpose, your payment data may be shared with credit bureaus in accordance with Article 6(1)(f) of the GDPR, based on PayPal’s legitimate interest in determining your creditworthiness. PayPal uses the result of the credit check—which reflects the statistical probability of payment default—to determine whether to make the respective payment method available. The credit report may contain probability values (so-called “score values”). To the extent that score values are included in the credit report, they are based on a scientifically recognized mathematical-statistical method. The calculation of these score values includes, among other things but not exclusively, address data. You may object to this processing of your data at any time by sending a message to PayPal. However, PayPal may still be entitled to process your personal data if this is necessary for the contractual processing of payments.

If the PayPal payment method “Buy Now, Pay Later” is available and selected, your payment information will first be transmitted to PayPal to process the payment; PayPal will then forward this information to Ratepay GmbH, Franklinstraße 28-29, 10587 Berlin (“Ratepay”) to complete the transaction. The legal basis in each case is Article 6(1)(b) of the GDPR. In this case, Ratepay conducts an identity and credit check in its own name to determine your ability to pay in accordance with the principle mentioned above and, based on its legitimate interest in determining your ability to pay pursuant to Article 6(1)(f) of the GDPR, shares your payment data with credit reporting agencies. A list of the credit reporting agencies that Ratepay may use can be found here: https://www.ratepay.com/legal-payment-credit-agencies/

If you use a local third-party payment method, your payment information will first be shared with PayPal in accordance with Article 6(1)(b) of the GDPR to process the payment. Depending on which available local payment method you select, PayPal will then transmit your payment information to the relevant provider in accordance with Article 6(1)(b) of the GDPR to complete the payment:

- Apple Pay (Apple Distribution International (Apple), Hollyhill Industrial Estate, Hollyhill, Cork, Ireland)
- Google Pay (Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland)
- iDeal (Currence Holding BV, Beethovenstraat 300, Amsterdam, Netherlands)
- Bancontact (Bancontact Payconiq Company, Rue d'Arlon 82, 1040 Brussels, Belgium)
- blik (Polski Standard Płatności sp. z o.o., ul. Czerniakowska 87A, 00-718 Warsaw, Poland)
- eps (PSA Payment Services Austria GmbH, Handelskai 92, Gate 2
1200 Vienna, Austria)
- MyBank (PRETA S.A.S, 40 Rue de Courcelles, F-75008 Paris, France)
- Przelewy24 (PayPro SA, Kanclerska 15A, 60-326 Poznań, Poland)

For more information regarding data protection, please refer to PayPal's Privacy Policy: https://www.paypal.com/de/legalhub/paypal/privacy-full

9) Web analytics services

Google Analytics 4

This website uses Google Analytics 4, a web analytics service provided by Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland ("Google"), which enables us to analyze your use of our website.

By default, when you visit the website, Google Analytics 4 sets cookies, which are small text files stored on your device that collect certain information. This information includes your IP address; however, Google truncates the last few digits of your IP address to prevent direct identification of individuals.

The information is transmitted to Google's servers and processed there. This may also involve transfers to Google LLC, which is headquartered in the United States.

Google uses the information collected on our behalf to analyze your use of the website, compile reports on website activity for us, and provide other services related to website and internet usage. The truncated IP address transmitted by your browser as part of Google Analytics is not combined with any other data held by Google. The data collected through the use of Google Analytics 4 is stored for a period of two months and then deleted.

All processing described above, in particular the placement of cookies on the device you are using, takes place only if you have given us your explicit consent in accordance with Art. 6(1)(a) of the GDPR.
Without your consent, Google Analytics 4 will not be used during your visit to the site. You may revoke your consent at any time with future effect. To exercise your right of revocation, please disable this service using the “Cookie Consent Tool” provided on the website.

We have entered into a data processing agreement with Google that ensures the protection of our website visitors' data and prohibits its unauthorized disclosure to third parties.

For more legal information about Google Analytics 4, please visit https://business.safety.google/intl/de/privacy/, https://policies.google.com/privacy?hl=de&gl=de and under https://policies.google.com/technologies/partner-sites

Demographic Characteristics
Google Analytics 4 uses a special feature called “demographic characteristics” to generate statistics that provide insights into the age, gender, and interests of website visitors. This is done by analyzing advertising and information from third-party providers. This allows target audiences to be identified for marketing activities. However, the collected data cannot be linked to any specific individual and is deleted after being stored for a period of two months.

Google Signals
As an extension of Google Analytics 4, Google Signals can be used on this website to generate cross-device reports. If you have enabled personalized ads and linked your devices to your Google Account, Google may—subject to your consent to the use of Google Analytics pursuant to Art. 6(1)(a) of the GDPR—analyze your usage behavior across devices and create database models, including those related to cross-device conversions. We do not receive any personal data from Google, only statistics. If you wish to stop cross-device analysis, you can disable the “Personalized Ads” feature in your Google Account settings. To do so, follow the instructions on this page: https://support.google.com/My-Ad-Center-Help/answer/12155764?hl=de
For more information about Google Signals, please visit the following link: https://support.google.com/analytics/answer/7532985?hl=de

UserIDs
As an extension of Google Analytics 4, the "UserIDs" feature can be used on this website. If you have consented to the use of Google Analytics 4 in accordance with Article 6(1)(a) of the GDPR, have set up an account on this website, and sign in to that account on different devices, your activities—including conversions—can be analyzed across devices.

For data transfers to the United States, the provider has joined the EU-U.S. Data Privacy Framework, which ensures compliance with European data protection standards based on an adequacy decision by the European Commission.

10) Page Features

10.1Facebook Plugins

Our website uses plugins from the social network provided by the following company: Meta Platforms Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland

These plugins allow for direct interaction with content on the social network.

To enhance the protection of your data when you visit our website, the plugins are initially disabled and integrated into the page using a so-called “2-click” or “Shariff” solution.

This integration ensures that when a page on our website that contains such plugins is accessed, no connection is yet established with the provider's servers.

Only when you activate the plugins and thereby give your consent to the data transfer in accordance with Article 6(1)(a) of the GDPR does your browser establish a direct connection to the provider’s servers. In doing so, regardless of whether you are logged into an existing user profile, certain information about the device you are using (including your IP address), your browser, and your browsing history is transmitted to the provider and may be further processed there.

If you are logged into an existing user profile on the provider’s social network, information about interactions carried out via the plugins will also be published there and displayed to your contacts.
You can revoke your consent at any time by clicking the plugin again to deactivate it. However, revoking your consent does not affect the data that has already been transferred to the provider.

Data may also be transferred to: Meta Platforms Inc., USA

We have entered into a data processing agreement with the provider that ensures the protection of our website visitors' data and prohibits its unauthorized disclosure to third parties.

For data transfers to the United States, the provider has joined the EU-U.S. Data Privacy Framework, which ensures compliance with European data protection standards based on an adequacy decision by the European Commission.

10.2Instagram Plugins

Our website uses plugins from the social network provided by the following company: Meta Platforms Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland

These plugins allow for direct interaction with content on the social network.

To enhance the protection of your data when you visit our website, the plugins are initially disabled and integrated into the page using a so-called “2-click” or “Shariff” solution.

This integration ensures that when a page on our website that contains such plugins is accessed, no connection is yet established with the provider's servers.

Only when you activate the plugins and thereby give your consent to the data transfer in accordance with Article 6(1)(a) of the GDPR does your browser establish a direct connection to the provider’s servers. In this process, regardless of whether you are logged into an existing user profile, certain information about the device you are using (including your IP address), your browser, and your browsing history is transmitted to the provider and may be further processed there.

If you are logged into an existing user profile on the provider’s social network, information about interactions carried out via the plugins will also be published there and displayed to your contacts.
You can revoke your consent at any time by deactivating the enabled plugin by clicking on it again. However, the revocation has no effect on data that has already been transferred to the provider.

Data may also be transferred to: Meta Platforms Inc., USA

We have entered into a data processing agreement with the provider that ensures the protection of our website visitors' data and prohibits its unauthorized disclosure to third parties.

For data transfers to the United States, the provider has joined the EU-U.S. Data Privacy Framework, which ensures compliance with European data protection standards based on an adequacy decision by the European Commission.

10.3LinkedIn Plugins

Our website uses plugins from the social network provided by the following company: LinkedIn Ireland Unlimited Company, Wilton Place, Dublin 2, Ireland

These plugins allow for direct interaction with content on the social network.

To enhance the protection of your data when you visit our website, the plugins are initially disabled and integrated into the page using a so-called “2-click” or “Shariff” solution.

This integration ensures that when a page on our website that contains such plugins is accessed, no connection is yet established with the provider's servers.

Only when you activate the plugins and thereby give your consent to the data transfer in accordance with Article 6(1)(a) of the GDPR does your browser establish a direct connection to the provider’s servers. In this process, regardless of whether you are logged into an existing user profile, certain information about the device you are using (including your IP address), your browser, and your browsing history is transmitted to the provider and may be further processed there.

If you are logged into an existing user profile on the provider’s social network, information about interactions carried out via the plugins will also be published there and displayed to your contacts.
You can revoke your consent at any time by deactivating the enabled plugin by clicking on it again. However, the revocation has no effect on data that has already been transferred to the provider.

Data may also be transferred to: LinkedIn Corp., USA

We have entered into a data processing agreement with the provider that ensures the protection of our website visitors' data and prohibits its unauthorized disclosure to third parties.

For data transfers to the United States, the provider has joined the EU-U.S. Data Privacy Framework, which ensures compliance with European data protection standards based on an adequacy decision by the European Commission.

10.4YouTube

This website uses plugins to display and play videos from the following provider: Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland

Data may also be transferred to: Google LLC, USA

When you visit a page on our website that contains such a plugin, your browser establishes a direct connection to the provider’s servers—at the latest when the video begins playing—in order to load the content. In the process, certain information, including your IP address, is transmitted to the provider.

If playback of embedded videos is initiated via the plugin, the provider also uses cookies to collect information about user behavior, compile playback statistics, and prevent abusive behavior.

If you are logged into a user account with the provider while visiting the site, your data will be directly associated with your account when you click on a video. If you do not want your data to be associated with your account, you must log out before clicking the play button.

All of the aforementioned processing activities—in particular, the setting of cookies to read information from the device you are using—are carried out only if you have given us your explicit consent in accordance with Article 6(1)(a) of the GDPR. You may revoke the consent you have given at any time with future effect by deactivating this service using the “Cookie Consent Tool” provided on the website.

For data transfers to the United States, the provider has joined the EU-U.S. Data Privacy Framework, which ensures compliance with European data protection standards based on an adequacy decision by the European Commission.

11) Rights of the Data Subject

11.1Applicable data protection law grants you the following rights as a data subject (rights of access and intervention) vis-à-vis the controller with regard to the processing of your personal data; please refer to the cited legal basis for the respective conditions for exercising these rights:

• Right of access pursuant to Article 15 of the GDPR;
• Right to rectification under Article 16 of the GDPR;
• Right to erasure under Article 17 of the GDPR;
• Right to restriction of processing under Article 18 of the GDPR;
• Right to be informed pursuant to Article 19 of the GDPR;
• Right to data portability pursuant to Article 20 of the GDPR;
• Right to withdraw consent pursuant to Article 7(3) of the GDPR;
• Right to lodge a complaint under Article 77 of the GDPR.

11.2RIGHT TO OBJECT

IF, AS PART OF A BALANCING OF INTERESTS, WE PROCESS YOUR PERSONAL DATA BASED ON OUR OVERRIDING LEGITIMATE INTEREST, YOU HAVE THE RIGHT AT ANY TIME TO OBJECT TO SUCH PROCESSING WITH EFFECT FOR THE FUTURE ON GROUNDS RELATING TO YOUR SPECIFIC SITUATION.

IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL CEASE PROCESSING THE DATA IN QUESTION. HOWEVER, WE RESERVE THE RIGHT TO CONTINUE PROCESSING IF WE CAN DEMONSTRATE COMPELLING LEGITIMATE GROUNDS FOR THE PROCESSING THAT OUTWEIGH YOUR INTERESTS, FUNDAMENTAL RIGHTS AND FREEDOMS, OR IF THE PROCESSING IS NECESSARY FOR THE ESTABLISHMENT, EXERCISE, OR DEFENSE OF LEGAL CLAIMS.

IF WE PROCESS YOUR PERSONAL DATA FOR DIRECT MARKETING PURPOSES, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF YOUR PERSONAL DATA FOR THE PURPOSE OF SUCH MARKETING. YOU MAY EXERCISE THIS RIGHT AS DESCRIBED ABOVE.

IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING THE RELEVANT DATA FOR DIRECT MARKETING PURPOSES.

12) Retention Period for Personal Data

The duration of the storage of personal data is determined by the respective legal basis, the purpose of processing, and—where applicable—the respective statutory retention period (e.g., retention periods under commercial and tax law).

When processing personal data based on explicit consent pursuant to Article 6(1)(a) of the GDPR, the data in question will be stored until you withdraw your consent.

If there are statutory retention periods for data processed in connection with contractual or quasi-contractual obligations pursuant to Article 6(1)(b) of the GDPR, such data will be routinely deleted upon expiration of the retention periods, provided that it is no longer necessary for the performance or initiation of a contract and/or we no longer have a legitimate interest in continuing to store it.

When processing personal data on the basis of Article 6(1)(f) of the GDPR, this data will be stored until you exercise your right to object under Article 21(1) of the GDPR, unless we can demonstrate compelling legitimate grounds for the processing that override your interests, rights, and freedoms, or the processing is necessary for the establishment, exercise, or defense of legal claims.

When processing personal data for the purpose of direct marketing pursuant to Article 6(1)(f) of the GDPR, this data will be stored until you exercise your right to object under Article 21(2) of the GDPR.

Unless otherwise specified in the other information contained in this statement regarding specific processing situations, stored personal data will otherwise be deleted when it is no longer necessary for the purposes for which it was collected or otherwise processed.