Thank you for visiting our website. For the management of EMS Business Academy UG, the protection of your data is of particular importance. The use of our websites is possible without any indication of personal data. If you want to use a special service of the EMS Business Academy UG via our website, processing of personal data could become necessary. If the processing of personal data does not have a legal basis, we obtain the consent of the data subject. The processing of personal data, such as the name, address, e-mail address, or telephone number of the data subject shall always be in line with the European Data Protection Regulation, and in accordance with the country-specific data protection laws applicable to the EMS Business Academy UG. In this data protection declaration, our company informs the data subjects about the type, scope, and purpose of the processing of personal data carried out by us. Furthermore, the data subjects are informed about their rights. As the controller, the EMS Business Academy UG has implemented extensive technical and organizational measures to ensure the most complete protection of personal data processed through this website. Nevertheless, data transmissions via the Internet may be subject to security vulnerabilities, and complete protection is not possible. Therefore, every data subject is free to transmit personal data to us by other means.
1. definitions of terms
1.1 Personal data
Personal data are all data and information of an identified or identifiable natural person (data subject). An identifiable data subject is one who can be identified, directly or indirectly, by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
1.2 Data subjects
Data subjects are individuals whose personal data are processed by the controller.
Processing means any operation or set of operations which is performed upon personal data, such as collection, recording, organization, arrangement, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
1.4 Restriction of processing
Restriction of processing is the marking of stored personal data with the aim of limiting their future processing.
Pseudonymization is the processing of personal data so that the personal data can no longer be attributed to a data subject without the help of additional information. This additional information must be stored securely and separately so that the personal data cannot be assigned to the data subject.
1.6 Responsible party
The controller or person responsible for processing is the company or the person, authority, institution or other body which alone or jointly with others decides on the processing of the personal data.
A processor is a company or a person, authority, institution, or other body that processes personal data on behalf of the Controller.
The recipient is a company, person, authority, institution, or other body to which personal data have been disclosed by means of transmission. However, authorities that may receive personal data as part of an investigation assignment are not considered recipients.
1.9 Third Party
Third-party means a company, person, authority, institution, or other body other than the data subject, the data controller, the data processor and who are under the direct responsibility of the data controller or the data processor and are authorized to process the personal data.
Consent is any statement or other unambiguous affirmative act made voluntarily by the data subject for a specific case in an informed and unambiguous manner, by which the data subject indicates that he or she consents to the processing of his or her personal data.
2. Name and address of the data controller
The controller within the meaning of the General Data Protection Regulation, other data protection laws applicable in the Member States of the European Union, and other provisions with data protection character is:
EMS Business Academy UG
Phone: +49 163 3354450
3. Name and address of the data protection officer
The data protection officer of the data controller is: Data Protection Officer of EMS Business Academy UG
Phone: +49 163 3354450
If you have any questions or suggestions regarding data protection, you can contact our data protection officer at any time.
5. Collection of general data and information
Our websites collect a series of general information each time a data subject or an automated system calls them up. This general information is stored in the log files of our web server. The browsers and versions used, the operating system used by the accessing system, the website from which an accessing system accesses our website, the sub-websites that are accessed on our website, the date and time of access to our website, an Internet protocol address (IP address), the Internet service provider of the accessing system and other similar information that can be used to prevent attacks on our systems are collected. When using these general data and information, the EMS Business Academy UG does not draw any conclusions about the data subject. Rather, this information is needed to deliver the contents of our websites correctly and to optimize the advertising for these, to ensure the long-term functionality of our systems and technology of our websites, as well as to provide law enforcement authorities with the information necessary for prosecution in the event of a cyber attack. This anonymously collected information is evaluated statistically by the EMS Business Academy UG. Furthermore, this information is analyzed to enhance data protection and data security and to ensure the protection of personal data processed by us. The anonymous data of the log files are stored separately from the personal data entered by the data subjects.
6 Registration on our website
The data subject has the option to register on our websites by providing personal data. The personal data that is transmitted to the responsible person results from the respective input mask used for the registration. The personal data entered by the person concerned is collected and stored exclusively for the purpose of registration. The responsible party may arrange for the data to be passed on to one or more processors, who will also use the personal data exclusively for internal use. This use is attributable to the responsible party. By registering on one of our websites, the IP address assigned by the Internet service provider of the person concerned, the date as well as the time of the registration is stored. The storage of this data serves to prevent the misuse of our services. This data can help to clarify committed crimes. As a matter of principle, this data is not passed on to third parties unless there is a legal obligation to pass it on or the passing on serves the purpose of criminal prosecution. The registration of the data subject by voluntarily providing personal data is used by the data controller to offer the data subject content or services that are only offered to registered users. Registered persons are free to change the personal data provided during registration at any time or to have it completely deleted from our database. Within the legal framework, we will provide any person concerned with information about which of the person’s personal data is stored at any time upon request. Furthermore, the data controller will correct or delete personal data at the request or notice of the data subject, provided that this does not conflict with any statutory retention obligations. The data protection officer and all employees of our company are available to the data subject as contact persons in this context.
7 Newsletter Subscription
On the website of the EMS Business Academy UG, users are given the opportunity to subscribe to our enterprise’s newsletter free of charge. The personal data transmitted to the controller when the newsletter is subscribed to is specified in the input mask used for this purpose. The EMS Business Academy UG informs its customers and business partners at regular intervals by means of a newsletter about enterprise offers and news. The newsletter of our company can basically only be received by the data subject if the data subject has a valid e-mail address and has registered for the newsletter mailing. A confirmation e-mail is sent to the e-mail address entered by the data subject for the first time for the newsletter dispatch in order to check whether the owner of the e-mail address as the data subject has permitted the receipt of the newsletter. When registering for the newsletter, we also store the IP address of the computer system used by the data subject at the time of registration, as assigned by the Internet service provider, as well as the date and time of registration. The collection of this data is necessary in order to be able to trace a possible misuse of the e-mail address of a data subject at a later point in time and therefore serves the legal protection of the person responsible. The personal data collected in the context of a registration for the newsletter is used exclusively for sending our newsletter. Furthermore, subscribers to the newsletter may be informed by e-mail about changes to the newsletter service or technical conditions. The personal data collected for the newsletter service will not be passed on to third parties. The subscription to our newsletter can be canceled by the subscriber at any time. The consent to the storage of personal data, which the subscriber has given us for the newsletter dispatch, can be revoked at any time. For the revocation of consent and for the termination of the subscription, there is a link in each newsletter. The notification for the termination of the newsletter dispatch can also be sent to the responsible party in another way.
8. Newsletter tracking
The newsletters of the EMS Business Academy UG contain so-called tracking pixels. A tracking pixel is a miniature graphic that is embedded in such emails that are sent in HTML format to enable log file recording and log file analysis. This enables a statistical evaluation of the success or failure of online marketing campaigns. Based on the embedded tracking pixel, the EMS Business Academy UG may see if and when an e-mail was opened by a data subject, and which links in the e-mail were called up by the data subject. Such personal data collected via the tracking pixels contained in the newsletters are stored and analyzed by the controller in order to optimize the newsletter dispatch and to better tailor the content of future newsletters to the interests of the data subject. This personal data will not be disclosed to third parties. Data subjects are entitled at any time to revoke the separate declaration of consent given in this regard via the double-opt-in procedure. After a revocation, this personal data will be deleted by the controller. The EMS Business Academy UG automatically regards a withdrawal from the receipt of the newsletter as a revocation.
9. Contact possibility via the website
The website of the EMS Business Academy UG contains an e-mail address and a telephone number, which enable quick electronic contact and direct communication with our enterprise. If a data subject contacts the data controller via e-mail or a contact form, the personal data transmitted by the data subject will be stored automatically. Such personal data transmitted on a voluntary basis by a data subject to the person responsible will be stored exclusively for the purpose of processing or contacting the data subject. No disclosure of this personal data to third parties will take place.
10 Routine deletion and blocking of personal data
The Controller processes and stores personal data only for the period of time necessary to achieve the purpose of storage or as long as this has been provided for in-laws or regulations to which the controller is subject. If the storage purpose ceases to apply or if the storage period prescribed by the competent legislator expires, the personal data will be routinely blocked or deleted in accordance with the statutory provisions.
11. Rights of the data subject
11.1 Right to confirmation
Every data subject has the right to request confirmation from the controller as to whether personal data in question are being processed. If a data subject wishes to exercise this right, he or she may contact our data protection officer or another employee for this purpose.
11.2 Right of access
Any person affected by the processing of personal data has the right to obtain from the controller, free of charge, information about the personal data stored about him or her and a copy thereof. Furthermore, the data subject has the right to obtain information about the following:
the purposes of processing
the categories of personal data processed
the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular in the case of recipients in third countries or international organizations
if possible, the planned duration for which the personal data will be stored, or if this is not possible, the criteria for determining this duration
the existence of a right to obtain the rectification or erasure of personal data concerning him or her, or the restriction of processing by the controller, or a right to object to such processing
the existence of a right of appeal to a supervisory authority
if the personal data are not collected from the data subject: Any available information about the origin of the data, the existence of automated decision-making including profiling pursuant to Article 22(1) and (4) of the GDPR and – at least in these cases – meaningful information about the logic involved and the scope and intended effects of such processing for the data subject.
Furthermore, the data subject shall have the right to information as to whether personal data have been transferred to a third country or to an international organization. If this is the case, the data subject also has the right to obtain information about the appropriate safeguards in connection with the transfer. If a data subject wishes to exercise this right to information, he or she may contact our data protection officer or another employee of the controller at any time.
11.3 Right to rectification
Every data subject affected by the processing of personal data has the right to demand the immediate correction of any incorrect personal data concerning him or her. Furthermore, the data subject has the right, taking into account the purposes of the processing, to request the completion of incomplete personal data – also by means of a supplementary declaration. If a data subject wishes to exercise this right of rectification, he or she may contact our data protection officer or another employee of the controller at any time.
11.4 Right to erasure (right to be forgotten)
Any person affected by the processing of personal data has the right to obtain from the controller the erasure without delay of personal data concerning him or her, where one of the following grounds applies and insofar as the processing is no longer necessary:
The personal data were collected or otherwise processed for such purposes for which they are no longer necessary.
The data subject revokes his or her consent on which the processing was based pursuant to Art. 6(1)(a) DSGVO or Art. 9(2)(a) DSGVO and there is no other legal basis for the processing.
The data subject objects to the processing pursuant to Article 21(1) DSGVO and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) DSGVO.
The personal data have been processed unlawfully. The erasure of the personal data is necessary for compliance with a legal obligation under Union or Member State law to which the controller is subject. The personal data has been collected in relation to information society services offered pursuant to Article 8(1) DSGVO. If one of the aforementioned reasons applies, and a data subject wishes to arrange for the erasure of personal data stored by the EMS Business Academy UG, he or she may contact our data protection officer or another employee of the controller. The data protection officer of the EMS Business Academy UG or another employee shall arrange for the erasure request to be complied with immediately. If the personal data have been made public by the EMS Business Academy UG, and our enterprise as the controller is obliged to delete the personal data pursuant to Article 17 (1) of the Data Protection Regulation, the EMS Business Academy UG shall implement reasonable measures, including technical measures, to ensure that other data controllers process the published personal data and that the data subject has requested from those other data controllers the erasure of all links to the personal data or copies or replications of the personal data unless the processing is necessary. The Data Protection Officer of the EMS Business Academy UG or another employee will arrange the necessary in individual cases.
11.5 Right to restriction of processing
Any person concerned by the processing of personal data has the right to obtain from the controller the restriction of processing if one of the following conditions is met: the accuracy of the personal data is contested by the data subject for a period enabling the controller to verify the accuracy of the personal data. The processing is unlawful, the data subject objects to the erasure of the personal data and requests instead of the restriction of the use of the personal data. The controller no longer needs the personal data for the purposes of the processing, but the data subject needs it for the assertion, exercise, or defense of legal claims. The data subject has objected to the processing pursuant to Article 21 (1) of the GDPR and it is not yet clear whether the legitimate grounds of the controller override those of the data subject. If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of personal data stored by the EMS Business Academy UG, he or she may, at any time, contact our data protection officer or another employee of the controller. The data protection officer of the EMS Business Academy UG or another employee will arrange the restriction of the processing.
11.6 Right to data portability
Any person affected by the processing of personal data has the right to receive the personal data concerning him or her which have been provided to the controller in a structured, commonly used, and machine-readable format. He or she also has the right to transmit this data to another controller without hindrance from the controller to whom the personal data was provided, provided that the processing is based on consent pursuant to Article 6(1)(a) of the GDPR or Article 9(2)(a) of the GDPR or on a contract pursuant to Article 6(1)(b) of the GDPR and the processing is carried out with the aid of automated procedures unless the processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller. Furthermore, when exercising the right to data portability pursuant to Article 20(1) of the GDPR, the data subject has the right to obtain that the personal data be transferred directly from one controller to another controller, where this is technically feasible and provided that this does not adversely affect the rights and freedoms of other individuals. In order to assert the right to data portability, the data subject may at any time contact the data protection officer appointed by the EMS Business Academy UG or another employee.
11.7 Right to object
Any data subject concerned by the processing of personal data has the right, on grounds relating to his or her particular situation, to object at any time to processing of personal data concerning him or her which is carried out on the basis of Article 6(1)(e) or (f) of the DSGVO. This also applies to profiling based on these provisions. The EMS Business Academy UG shall no longer process the personal data in the event of the objection unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights, and freedoms of the data subject, or for the assertion, exercise, or defense of legal claims. If the EMS Business Academy UG processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data processed for such marketing. This also applies to profiling, insofar as it is related to such direct marketing. If the data subject objects to the EMS Business Academy UG to the processing for direct marketing purposes, the EMS Business Academy UG will no longer process the personal data for these purposes. In addition, the data subject has the right, on grounds relating to his or her particular situation, to object to the processing of personal data concerning him or her which is carried out by the EMS Business Academy UG for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the Data Protection Regulation (DSGVO), unless such processing is necessary for the performance of a task carried out for reasons of public interest. In order to exercise the right to object, the data subject may directly contact the Data Protection Officer of the EMS Business Academy UG or another employee. The data subject is also free to exercise his/her right to object in connection with the use of information society services, notwithstanding Directive 2002/58/EC, by means of automated procedures using technical specifications.
11.8 Automated decisions on a case-by-case basis, including profiling.
Any data subject concerned by the processing of personal data shall have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her, unless the decision is necessary for entering into, or the performance of, a contract between the data subject and the controller, or is permitted by law to which the controller is subject, and that law provides for suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, or is based on the data subject’s explicit consent. If the decision is necessary for entering into, or the performance of, a contract between the data subject and the controller, or if it is made with the data subject’s explicit consent, the EMS Business Academy UG shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, which include at least the right to obtain the intervention of a data subject on the part of the controller, to express his or her point of view and to contest the decision. If the data subject wishes to exercise the rights concerning automated decisions, he or she may, at any time, contact our Data Protection Officer or another employee of the controller.
11.9 Right to revoke consent under data protection law.
Every person affected by the processing of personal data has the right to revoke consent to the processing of personal data at any time. If the data subject wishes to exercise his or her right to withdraw consent, he or she may contact our data protection officer or another employee of the controller at any time.
12. Data protection for applications and in the application process.
The data controller collects and processes the personal data of applicants for the purpose of handling the application procedure. The processing may also take place electronically. This is particularly the case if an applicant submits relevant application documents to the controller electronically, for example by e-mail or via a web form located on the website. If the responsible party concludes an employment contract with an applicant, the transmitted data will be stored for the purpose of processing the employment relationship in compliance with the statutory provisions. If the data controller does not conclude an employment contract with the applicant, the application documents will be automatically deleted two months after notification of the rejection decision, provided that no other legitimate interests of the data controller conflict with such deletion. Other legitimate interest in this sense is, for example, a duty to provide evidence in proceedings under the General Equal Treatment Act (AGG).
13. Legal basis of the processing
Article 6 (1) a DSGVO serves EMS Business Academy UG as the legal basis for processing operations in which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is a party, as is the case, for example, with processing operations that are necessary for delivery of goods or the provision of another service or consideration, the processing is based on Art. 6 (1) b DSGVO. The same applies to such processing operations that are necessary for the implementation of pre-contractual measures, for example in cases of inquiries about our products or services. If our company is subject to a legal obligation by which the processing of personal data becomes necessary, such as for compliance with tax obligations, the processing is based on Art. 6 (1) c DSGVO. In rare cases, the processing of personal data might become necessary to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor were to be injured on our premises and as a result, his or her name, age, health insurance data, or other information relevant to protection had to be passed on to a doctor, hospital or another third party. In that case, the processing would be based on Art. 6 para. 1 d DSGVO. Finally, processing operations could be based on Art. 6 (1) f DSGVO. Processing operations that are not covered by any of the aforementioned legal bases are based on this legal basis if the processing is necessary to protect a legitimate interest of our company or a third party, provided that the interests, fundamental rights, and freedoms of the data subject are not overridden. Such processing operations are permitted to us in particular because they have been specifically mentioned by the legislator (recital 47 sentence 2 DSGVO).
14. Legitimate interests in the processing pursued by the controller or a third party.
If the processing of personal data is based on Article 6(1)(f) DSGVO, our legitimate interest is to conduct our business for the benefit of the welfare of all our employees and our shareholders.
15. Duration for which the personal data are stored.
The criterion for the duration of the storage of personal data is the respective statutory retention period. After the expiry of the period, the corresponding data is routinely deleted, provided that it is no longer required for the performance of the contract or the initiation of the contract.
16. Legal or contractual regulations for the provision of personal data
We inform you that the provision of personal data is sometimes required by law (e.g. tax regulations) or may also result from contractual provisions (e.g. information on the contractual partner). Sometimes, in order to conclude a contract, it may be necessary for a data subject to provide us with personal data that must subsequently be processed by us. In order to conclude a contract, the data subject is obliged to provide us with personal data. If the data subject does not provide his/her personal data, no contract can be concluded with the data subject. Before providing personal data by the data subject, the data subject may contact our data protection officer. Our data protection officer will inform the data subject on a case-by-case basis whether the provision of the personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data, and what the consequences of not providing the personal data would be.
17. Existence of automated decision-making
Our company does not use automated decision-making or profiling.
18. Google Analytics
20. Facebook Remarketing / Retargeting
21 Facebook Pixel
With your consent, we use the Facebook Pixel (visitor action pixel) on our websites for visitor conversion measurement. This service is provided by Facebook Inc. (Facebook), 1601 S. California Ave, Palo Alto, CA 94304, USA. With its help, we can track the actions of users after they have seen or clicked on a Facebook ad. This enables us to record the effectiveness of Facebook ads for statistical and market research purposes. The data collected in this way is anonymous to us, meaning that we do not see the personal data of individual users. However, this data is stored and processed by Facebook, about which we inform you according to our level of knowledge. Facebook may associate this data with your Facebook account and also use it for its own advertising purposes, according to its own data use policy: https://www.facebook.com/about/privacy/. You may allow Facebook and its partners to serve ads on and off Facebook. It may further store a cookie on your computer for these purposes. This consent may only be given by users who are over 15 years old. If you are younger, please ask your parent or guardian for guidance. Please click here if you wish to withdraw your consent https://www.facebook.com/ads/preferences/?entry_product=ad_settings_screen.
22. Communication via Facebook Messenger
24. Google Analytics
25 Google Maps
27. YouTube plugins/players
28. Hotjar Tracking
This website uses live chat software provided by Userlike UG (haftungsbeschränkt), Probsteigasse 44-46, 50670 Cologne, Germany. Userlike uses “cookies”, text files that are stored on your computer and enable a personal conversation in the form of a real-time chat on the website with you. The information about your usage and related data of the live chat is collected, stored, and processed on servers of Userlike in Germany. Information on the data protection of Userlike UG (haftungsbeschränkt) can be found here.
Darmstadt, February 2021
- Sacha Collet - Owner EMS Lounge Gundelfingen Germany
- Joanna Hołysz - CEO Core Studio 20 Poland
- Jens Vatter - International Master Trainer Gluckerkolleg
- Luca Bargellini - miha bodytec Italy
- Benedikt Waldner - CEO EMS-Lounge Germany
- Kostas Vougioukas - Owner Fast Fitness Greece
- Roland Stromenger - Owner 25 Minutes Cologne Germany
- Jessica Sußner - Studio Manager Körperformen Feucht & Herpersdorf Germany
- Marcel Kentenich & Sammy Pesenti - CEOs Körperformen Germany
- Sebastian Authenrieth - International Master Trainer Gluckerkolleg
- Michael Kiel - Owner Fitbox Berlin Germany
- Conny Schuh - Managing Director Munich Sports Pty Ltd, Sydney, Australia
- Carsten Pachnicke - CEO 25 Minutes Germany
- Stephan Türk - Owner of several EMS studios Germany
- Alexander Raum - Owner Fitraum Germany
- Luba Habermann - COO Bodyimpuls Germany
- Anna Relleke - Club Manager Körperformen Germany
- Iris Hauck - Owner Körperformen Ludwigsburg Germany
- Matteo Monti - Impulse Fit Italy