Data protection

Privacy policy

(Version 1.0 - 01 July 2020)

Data protection is important to us. With this privacy policy, we inform you about the collection, use and processing of your personal data when using our website https://www.kurabu.com (hereinafter: "website"), our web application (hereinafter: "web app") and our mobile app (hereinafter: "app"; collectively referred to as "services"). Insofar as information refers exclusively to our website, web app or app, we expressly point this out to you.

Personal data in the context of this privacy policy is all information that relates to an identified or identifiable natural person, e.g. about personal or factual circumstances, such as name, telephone number or address. We process personal data that we receive from you as our customer in the course of our business relationship or from you as an interested party when you visit our website.

I. Responsible body

Kurabu GmbH
c/o Zwiebler
Tieckstr. 36
10119 Berlin

You can find more information about Kurabu GmbH (hereinafter: "Kurabu") in the imprint. Kurabu has appointed a data protection officer who can be contacted at datenschutz@kurabu.com.

II. purposes of data processing and legal basis

We process your personal data in accordance with the provisions of the EU General Data Protection Regulation (DSGVO) and the Federal Data Protection Act (BDSG):

  • For the performance of contractual obligations (Art. 6 para. 1 b DSGVO)
    The processing of personal data is carried out for the provision of our services on our website, the web app or in the app within the framework of our contractual relationship with you or for the implementation of pre-contractual measures, which are carried out at your request. Pre-contractual measures usually include the provision of personal data by you, which we need to enter into our services. For this purpose, a separate order data processing contract is concluded in accordance with Art. 28 DSGVO.

The purpose of the processing is to be able to provide you with our services. This includes in particular the personal data mentioned in section IV.

  • Consent (Art. 6 para. 1 a DSGVO)
    We process your personal data on the basis of your consent. You can revoke your consent at any time, the revocation is only effective for the future. Processing to which you consented before your revocation is not affected. You can request information about which consents you have given us at any time.

  • Weighing of interests (Art. 6 para. 1 f DSGVO)
    Where necessary, we process your data beyond the actual performance of the contract to protect legitimate interests of us or third parties.
    Examples:
  • Assertion of legal claims and defence in legal disputes
  • Ensuring IT security and IT operations
  • Measures for business management and further development of services and products

  • Fulfilment of legal obligation (Art. 6 para. 1 lit. c)

Kurabu is subject to legal obligations with which we must comply. This applies in particular to data processing that is justified on the basis of commercial and tax law (see also Section IX). In this respect, the purpose of the processing is the fulfilment of the requirements of a proper merchant within the meaning of the German Commercial Code (HGB) and the corresponding bookkeeping as well as control and reporting obligations under tax law in accordance with the German Fiscal Code (AO). 


III. data processing within the framework of our website

  1. Cookies

We use "cookies" to collect information about you and your activities on our website. A cookie is a small piece of data that our website stores on your computer and that we access each time you visit so that we can understand how you use our website. This helps us to provide you with content based on preferences that you have indicated. For more information, please see our Cookie Policy.

  1. Google Maps

We use the GoogleMaps map embedding feature of Google LLC (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; "Google") on our website.

If you have your habitual residence in the European Economic Area or Switzerland, Google Ireland Limited (Gordon House, Barrow Street, Dublin 4, Ireland) is the controller of your data. Google Ireland Limited is therefore the company associated with Google, which is responsible for processing your data and for compliance with the applicable data protection laws.

The function enables the visual display of geographical information and interactive maps. In the process, Google also collects, processes and uses data of the visitors of the websites when calling up the pages in which Google Maps maps are integrated.

Your data may also be transferred to the USA. Google has certified itself in accordance with the US-EU data protection agreement "Privacy Shield" and is thus obliged to comply with the European data protection guidelines.

You can find more information about the collection and use of data by Google in Google's privacy policy at https://www.google.com/privacypolicy.html. There you can also change your settings in the Privacy Center, so that you can manage and protect your data processed by Google.

IV. data processing within the scope of the web app and app

Within the scope of providing our services, we require certain personal data from you as our customer and contractual partner, such as for example 

  • Membership information (name, address, gender, date of birth, membership number, memberships, group details, phone number and email address);
  • Payment information (payment method and invoice information such as the invoice amount, invoice date and invoice period);
  • QR Code Checkin (optional) - this allows an association to download a QR code via Kurabu. The members of the club can photograph the QR code via the app. The member can then track their checkins. The club can see which team checked in, at what time, at which facility. In addition, the club can view the member profiles of people who have checked in at the club's facility. This data can only be viewed by the club, not by Kurabu. The use of the QR code check-in is voluntary.

In addition, your club has the possibility to write notes in the web app, which may contain personal data. The content of these notes is determined by the club. Kurabu does not see your notes.

V. E-mail Newsletter  

With our e-mail newsletter we inform you about our offers. If you would like to receive the e-mail newsletter, we require an e-mail address from you. We will only send you our newsletter if you expressly agree to this as part of your registration. In doing so, we will check whether you are the owner of the given e-mail address or whether its owner agrees to receive the e-mail newsletter (so-called double opt-in). You can revoke your consent at any time without affecting the legality of the processing carried out on the basis of the consent up to the revocation. You can unsubscribe from the newsletter at any time by using the corresponding link in the newsletter or by notifying us. Your email address will then be removed from the distribution list.

Your data will be passed on to a service provider for e-mail marketing within the scope of order processing. A transfer to other third parties does not take place. The service provider we use to send you the newsletter is Mailchimp (The Rocket Science Group, LLC 675 Ponce de Leon Ave NE, Suite 5000 Atlanta, GA 30308, USA; "Mailchimp"). The sending of the newsletter is based on your prior consent, which can be revoked at any time, pursuant to Art. 6 (1) lit. a DSGVO. Your data will be transferred to a third country, for which an adequacy decision of the European Commission is available according to Art. 45 DSGVO. Further information can be found at https://mailchimp.com/de/help/about-mailchimp-the-eu-swiss-privacy-shield-and-the-gdpr/.

VII Transfer of personal data abroad


If Kurabu transfers personal data to countries outside the scope of the GDPR, Kurabu will ensure that the recipient of the data guarantees an adequate level of data protection. In the case of transfers to the USA, Kurabu will either use service providers for which an adequacy decision of the European Commission is available (see, for example, for Google in section III and Mailchimp section V) or conclude the model contracts of the European Union for the transfer of data to other EU countries in the respective current version with the recipients in order to ensure an adequate level of protection.


VII Your rights and the control of your personal data

 

You have the following rights according to Art. 15 to 20 DSGVO if the legal requirements are met: the right to information, to correction, to deletion, to restriction of processing and to data portability.

In addition, according to Art. 21 (1) DSGVO, you have the right to object to processing based on Art. 6 (1) f DSGVO and to processing for the purpose of direct marketing.

Please direct your enquiries in text form to:

Kurabu GmbH

Data Protection Officer
Tieckstr. 36
10115 Berlin
E-mail: datenschutz@kurabu.com

In addition, there is a right of appeal to a data protection supervisory authority (Article 77 DSGVO in conjunction with § 19 BDSG). 


VIII Business transfers

If we or our assets were acquired, or in the unlikely event that we go out of business or enter bankruptcy, we would include data among the assets that are transferred to all parties that acquire us. You acknowledge that such transfers may occur, and that any party acquiring us may continue to process your personal information in accordance with this policy.


IX. storage of your personal data

Basically we process your personal data only as long as it is necessary for the provision of our services and thus for the performance of our contract with you. In addition, we process personal data within the scope of our legal obligations. This means that if the data is no longer required for the fulfilment of contractual or legal obligations, it will be regularly deleted. The temporary processing may be necessary for the following purposes:

  • Fulfilment of retention periods under commercial and tax law resulting from the following laws: Commercial Code, Fiscal Code. The retention and documentation periods specified there are two to ten years;

  • preservation of evidence within the framework of the statute of limitations. According to Sections 195 et seq. of the German Civil Code (BGB), these limitation periods can be up to 30 years, with the regular limitation period being three years. The legal basis for this results from Art. 17 (3) e DSGVO, Art. 6 (1) f DSGVO.

 

X. Amendments to this Directive

We have the discretion to change our privacy policy to reflect currently acceptable practices. Your continued use of this website following any change to this policy will be deemed acceptance of our privacy and personal information practices.

If we make a material change to this Privacy Policy, for example a change to the lawful basis on which we process your personal data, we will notify you of this and give you the opportunity to take notice of the material changes.

Cookie Policy / Cookie Guidelines

(Version 1.0 - 01 July 2020)

I. About cookies used by Kurabu

What are cookies? A cookie is a method by which we remember something about you as a Kurabu customer. Cookies are small pieces of text with information that are stored on your terminal device.

Cookies allow website operators like us to provide you with the best possible user experience on our website. Without cookies, your use of our website may be limited because without cookies it would lose its data store. However, by deleting your cookies you can also ensure that you cannot be traced. You can therefore decide for yourself how we may handle your data. All cookies listed below will only be processed if you give us your consent in accordance with Art. 6 Para. 1 lit. a DSGVO. You give us your consent via the cookie banner on our website, which is displayed when you visit us for the first time or after deleting your cookies. To revoke your consent, please read section III. 

II. the cookies used by Kurabu

  1. Necessary data for the operation of the website 

Our website is a static website, which means that we do not process any personal data about you, such as IP address or browser data, which is necessary for the operation of dynamic websites. 


  1. Google Analytics

We use the web analytics service Google Analytics of Google LLC on our website. (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; "Google").

If you have your habitual residence in the European Economic Area or Switzerland, Google Ireland Limited (Gordon House, Barrow Street, Dublin 4, Ireland) is the controller of your data. Google Ireland Limited is therefore the company associated with Google, which is responsible for processing your data and for compliance with the applicable data protection laws.

The data processing serves the purpose of analysing our website and its visitors. To this end, Google will use the information obtained on behalf of the operator of this website for the purpose of evaluating your use of our website, compiling reports on website activity and providing other services relating to website activity and internet usage to Kurabu. The IP address transmitted by your browser as part of Google Analytics will not be merged with other Google data.

Google Analytics uses cookies to help the website analyze how users use the site. The information generated by the cookies about your use of this website is usually transmitted to a Google server in the USA and stored there. IP anonymisation is activated on this website. This means that 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. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there. Google has certified itself in accordance with the US-EU data protection agreement "Privacy Shield" and is thus obliged to comply with the European data protection guidelines. You can prevent the collection of data generated by the cookie and related to your use of the website (including your IP address) to Google and the processing of this data by Google by downloading and installing the browser plug-in available at the following link[https://tools.google.com/dlpage/gaoptout?hl=de].

To prevent data collection and storage by Google Analytics across devices, you can set an opt-out cookie. Opt-out cookies prevent the future collection of your data when visiting this website. You must opt-out on all systems and devices used for this to be fully effective. If you delete the opt-out cookie, requests will again be sent to Google. You can find more information on the terms of use and data protection at https://www.google.com/analytics/terms/de.html or at https://www.google.de/intl/de/policies/.

  1. Google Ads Conversion Tracking

We use the online advertising program "Google Ads" on our website and in this context conversion tracking (visit action evaluation). Google Conversion Tracking is an analysis service of Google LLC (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; "Google"). If you have your habitual residence in the European Economic Area or Switzerland, Google Ireland Limited (Gordon House, Barrow Street, Dublin 4, Ireland) is the controller of your data. Google Ireland Limited is therefore the company associated with Google, which is responsible for the processing of your data and compliance with applicable data protection laws.

When you click on an ad placed by Google, a cookie for conversion tracking is stored on your computer. These cookies have a limited validity, do not contain any personal data and are therefore not used for personal identification. If you visit certain pages of our website and the cookie has not yet expired, Google and we can recognize that you clicked on the ad and were redirected to this page. Each Google Ads customer receives a different cookie. Thus, there is no way that cookies can be tracked across Ads customers' websites.

The information obtained with the help of the conversion cookie serves the purpose of creating conversion statistics. Here we learn the total number of users who have clicked on one of our ads and were redirected to a page tagged with a conversion tracking tag. However, we do not receive any information with which users can be personally identified.

Your data may be transferred to the USA. Google has certified itself according to the US-EU data protection agreement "Privacy Shield" and is thus obliged to comply with the European data protection guidelines.

You can disable personalized advertising for you in the Google advertising settings. You can find instructions on how to do this at https://support.google.com/ads/answer/2662922?hl=de. Alternatively, you can prevent the use of cookies by third-party providers by visiting the deactivation page of the Network Advertising Initiative at https://www.networkadvertising.org/choices/ and implementing the further information on opting out mentioned there. You will then not be included in the conversion tracking statistics. You can find more information and Google's privacy policy at: https://www.google.de/policies/privacy/


  1. Heap

On our website, we use the service of Heap Inc. (225 Bush St. 2nd Floor, San Francisco, CA 94104, USA; "Heap"). Heap uses cookies to enable us to analyze the use of our website. The information generated about the use of our website includes your user behavior on our website, browser type and version, operating system used, referrer URL (the previously visited website, host name of the accessing computer (IP address) and time of the server request. The information generated by Heap about your use of our website is usually transmitted to a Heap server in the USA and stored there. Further information can be found at https://heap.io/blog/company/heaps-commitment-to-gdpr-and-data-privacy.

  1. HubSpot 

We use on our website the service of HubSpot Inc. (25 First Street, 2nd Floor, Cambridge, MA 02141, USA; "HubSpot). HubSpot uses cookies to help us analyze how our website is used. We use Hubspot to track when you, as a website user, interact with our chatbot, view our product demo, or provide us with your email address. In addition, HubSpot will notify us if you accept our TOS or have read our privacy policy. For more information, please visit https://www.hubspot.com/data-privacy/gdpr 


  1. Facebook 

We use cookies in the form of pixels to optimise our campaigns and present Facebook users with suitable advertising. For this purpose, we use the Facebook Pixel of Facebook Ireland Ltd. (4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland, "Facebook"). The pixel is embedded in the code of our website and helps us present advertisements on Facebook to visitors of our website and recommend our services to them based on their activity. In doing so, a timestamp and the URL are processed. We also use the pixel to measure the results of our marketing campaigns. We can determine through the use of these pixels how many people become active on our website through our Facebook campaigns.

For more information, see Facebook's privacy policy at https://www.facebook.com/policies/cookies/ and for more information about the pixel itself, see https://www.facebook.com/business/help/742478679120153?id=1205376682832142
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  1. Hotjar

We use Hotjar to better understand the needs of our users and to optimise the offering and experience on this website. Hotjar's technology gives us a better understanding of our users' experiences (e.g. how much time users spend on which pages, which links they click on, what they like and dislike, etc.) and helps us to tailor our offering to our users' feedback. Hotjar uses cookies and other technologies to collect data about the behaviour of our users and their devices, in particular the IP address of the device (only collected and stored anonymously during your use of the website), screen size, device type (unique device identifiers), information about the browser used, location (country only), preferred language for viewing our website. Hotjar stores this information on our behalf in a pseudonymised user profile. Hotjar is contractually prohibited from selling the data collected on our behalf.

III. revocation of your consent

You give us your consent via the cookie banner on our website, which is displayed when you visit us for the first time or after deleting your cookies. You can revoke your consent by deleting your cookies in your browser. The revocation does not apply to consent given before the revocation, but only to future data processing, in accordance with Art. 7 (3) sentence 2 DSGVO.