1. What information do we gather?
The information that we gather falls broadly into two types (please see further below for how we collect it and what we use it for):
1.1 Information that relates directly to you (e.g. your name and contact details, communication preferences and customer history).
1.2 Information that does not directly identify you (e.g. how you might browse our website), specifically:
(1) Your IP address through the placement of cookies; and
(2) Location data, which might be gained through your IP address or GPS data (see Section 3.44 below).
Please note that not all cookies are either personally identifiable information or even unique identifiers; but some can be, while others can influence what you see on our website and others (see Sections 6 and 7 on cookies and their management, below).
2. How we use your information
2.1 When we seek your permission. Often we will be using your information in accordance with your specific consent or instructions: for example, because you have requested or consented to receiving certain information, or entered into a contract with us for goods: see Section 2.2 below.
At other times we will use your information on one of the other lawful bases described below in this section.
(1) When you enter into a contract for goods with us (including competitions, offers, subscriptions or your online S-Performance GmbH account), or where you wish to register an interest in doing so, we will use your personal data to enter into and fulfil our contractual relationship with you.
(2) Fulfilling our contract with you means being able to manage and administer our services, and maintain our standards of tailored service levels, customer care and consumer compliance. This might include fulfilling orders or returns, processing payments or refunds, and providing aftercare, as well as improving your customer experience online and otherwise, including by monitoring service levels and responding to feedback.
2.3 Legitimate interests.
Other uses of your information are made for ordinary and transparent purposes which we think are necessary for our legitimate interests as a provider of news, content, and other services. We use your information on this basis to do the following:
(1) Recognise and remember you when you visit our website and better understand how you use our website and others by using cookies to follow your use. We explain what cookies are in Section 6 and how you can manage them in Section 7 below;
(2) Identify your interests. We might then put your information in aggregated form into groupings (known as “segments”) by a particular audience, which means we can serve you advertisements and offers that will interest you within the website, including by reference to data we receive from third parties. Please see Sections 6 and 7 for more information about cookies and how we serve you more targeted messaging;
(3) Keep you updated on any services you have subscribed to, or any products you have purchased, and/or about similar services unless you have told us otherwise.
(4) Contact you to let you know about any of our products, services or promotions (which may in some cases be provided by third parties), including by email, mail, telephone, or SMS text message, always having regard to your preferences. Please see Section 4 to understand more about how you provide and can manage your preferences.
(5) Contact you directly via social media in relation to any competitions and/or prize draws you have entered.
(6) Make sure materials on the website or in apps are presented in the most effective way for you and your computer or mobile device;
(7) Collect and log numeric internet addresses to improve the website and to monitor website usage; and
(8) Assess and understand our readers’, customers, site users' and account holders' feedback and identify usage hotspots;
3. How do we gather information?
3.1 Information (as set out in Section 1) is gathered in the following ways:
(1) indirectly (e.g. using website technology that tracks and administers your visits through your browser, or similar technology on a mobile device), or when you log on and/or share products/articles through social media);
(2) directly (e.g. when you buy a product, sign up to create a S-Performance GmbH profile, download a mobile device application or you otherwise provide your information when you interact with us);
(3) through your device (e.g. mobile, PC or tablet) where you have enabled location services for the applicable App or browser. This may be used for location targeted services or advertising in accordance with your preferences, which may be adjusted either on your device or via server, App or website preferences;
(4) through location technology for mobile web services. The service we use is based on machine learning algorithms which analyse data from different connection types. These include fixed http and https connections, location consent requests on https sites and from mobiles Apps using https connections.
(5) through social media sign-on. We offer a quick registration option using your existing social media accounts via an App or the website. If you log in to our sites using a social media account, you are granting permission to that social media company to share your user details with us, and to collect information about you and how you use our site (which process we do not control and will be subject to the terms and conditions of your social media account). This will include that social media company tracking or identifying when you share one of our experiences with our goods through their site. When you use social sign-on, we will gather the information you have already used in the process of registering for that social media site (in accordance with your preferences provided to that site and/or to us at the point that you use our social sign-on) and your social media account will be linked to your S-Performance GmbH account, including in our providing social media messaging to you (See Section 5.2, below on de-linking accounts);
(6) when you subscribe to S-Performance GmbH, we may also use a card updater service to automatically update your credit or debit card details. This service is facilitated by your credit or debit card issuer, whom you should contact for further information;
(7) in the past we may have obtained certain additional details through a telephone number appending service where we have had contact details for you but did not have your phone number or needed to update your phone number (but would not use phone numbers that are gathered this way where those numbers are registered with the Telephone Preference Service).
4. How do you decide how you want to hear from us?
4.1 We will contact you in accordance with your preferences, including by email, phone, post and SMS text. We always seek to explain why and how we might contact you at the point you give your information to us.
4.2 We also provide the means for you to grant or withhold your permission for us to contact you. We do this by using opt-in boxes or unsubscribe options, which determine your permission for us to contact you about our wider range of goods and services.
5. Accessing and updating your personal information
5.1 You can update your details and marketing preferences by accessing your account pages on the website, by emailing email@example.com or by writing to us at S-Performance GmbH, Data Protection, Buxtehuder Str. 112b, 21073 Hamburg, Germany.
5.2 You can de-link your social media account from your S-Performance GmbH account by emailing firstname.lastname@example.org. De-linking your account will not change your marketing preferences unless you specifically request it and we are not responsible for how third party social media sites use information they collect about you, including via your own social media account or through your having linked it to your S-Performance GmbH account.
5.3 You have the right to access the personal information held about you from us, or from any other organisation that controls your personal information. To understand how to obtain a copy of the personal information that we hold, please see Section 13 below.
6.3 We use the following types of cookie, as will your browser:
(1) Analytics cookies that anonymously remember your computer or mobile device when you visit our website. They keep track of browsing patterns and help us to build up a profile of how our readers use the website. We use that information for customer analytics and to serve advertisements that we think might be of particular interest to you on our and other websites (see Section 7). Your browser may use similar cookies for similar purposes and to serve advertisements for others.
(2) Service cookies that help us to make our website work as efficiently as possible; remember your registration and login details; remember your settings preferences; to detect what device you are using and adapt how we present our services according to the screen size of that device; and meter the number of pages you view for the purpose of administering subscriptions to S-Performance GmbH.
6.3 We have no access to third party cookies and third party organisations have no access to ours. The third party organisations that place cookies, including your browser (such as Google) and the third party companies who pay for advertising and analytics services using this information, will have their own privacy policies.
7. Managing your cookies preferences
7.1 Most browsers allow you to turn off cookies. To do this look at the “help” menu on your browser. Switching off cookies may restrict your use of the website and/or delay or affect the way in which it operates. We also provide our own cookie management tool for you to make more specific choices about how cookies are used for your visits to our site..
7.2 We also use third party cookies, as will your browser. These are cookies that may be read by third parties (for example if you have used social sign-on and have the option to like or comment using your social media account). If you would prefer to just restrict third party cookies, visit www.youronlinechoices.com.
7.3 If you would like to disable "third party" cookies generated by advertisers or providers of targeted advertising services, you can turn them off by going to the third party's website and getting them to generate a one-time "no thanks" cookie that will stop any further cookies being written to your device. Here is a link to the third party advertising platform we use, which has instructions on how to do this:
Please note that even after disabling this, you may still see “non-personalised” advertisements that may appear materially the same as the “personalised” ones. This is simply a function of what advertisers and partners we are working with, and does not mean your preferences have not been applied.
7.4 When you share product links or articles using social media, for example Facebook, the social media company will drop cookies and identifiers to track this.
7.7 You can also visit the trade body representing these advertising companies for more information on how to opt out of these cookies: https://youronlinechoices.com/
8. Ad Blockers
8.2 By detecting ad blockers, we do not store any information on your device and we do not process any of your personal data.
8.3 We may display a message to advise you that we have detected that you are using and ad blocker
8.4 We reserve the right to restrict your access to some or all of our website while you have an ad blocker turned on.
Protecting your information
9.1 The password you provide when registering with the website is encrypted to ensure protection against unauthorised access to your personal information.
9.2 We invest in high-quality security and do our utmost to protect user privacy. No data transmission over the Internet can be entirely secure, and therefore we cannot guarantee the security of your personal information and/or use of the website. Any information that you send is at your own risk and may be read by others. However once we have received your personal information we use strict procedures to protect the security of your personal information.
10. Disclosing your information
10.1 Selling our businesses. We may disclose your personal information to third parties and their advisers if we are approached by a potential buyer in connection with the potential sale of our business. Should we proceed to sell or reconstitute any part of our business that holds your personal information, it will be necessary in some circumstances to share or transfer that information to the buyer or new entity: for example, so that they can continue to provide continuity of service to you. You will always be notified of such a change of control or ownership, and will be given the opportunity to object or opt out of any further communications from us or the buyer or new entity, except where such use of your personal information is necessary for a lawful purpose (such as a legal obligation or right, or where necessary to perform an existing contract with you)
10.2 Your internet browser or other accounts. Depending on which browser you use to visit our site, and in accordance with your browser cookie preferences (see above), your browser (such as Google) may collect information about you and your visit for its own services, including those services such as segmented or personalised advertising that it provides to us and other sites. If you use social media sign-on (such as with Facebook), you will be enabling sharing of information between us and that site in the manner set out in Section 3.1(5) above and any notices provided to you. You can de-link your social sign-in as set out in Section 5.2.
10.3 Our partners. Except as set out in Section 10.1 or 10.2 above, we never sell personal information, or pass it to third parties outside of S-Performance GmbH, without your permission. Your personal information will always be subject to appropriate protections under contract.
10.4 Legal requirements. We may disclose your personal information if we are required to do so by law, or if in good faith we believe such action is necessary to comply with the law a legal obligation.
10.5 Data processors. In common with most organisations, some of our functions using your personal information are outsourced to contractors. Any processing of personal information by these contractors will only be for these carefully defined purposes, and will be adequately and lawfully protected under contract, including requirements of confidentiality and data security.
11. Where we store your personal information
11.1 The personal information that we collect from you are stored inside the European Economic Area ("EEA")”. Except where this is on your specific instructions, this will always be subject to adequate safeguards as to the protection and security of your personal data. Further details are available on enquiry from email@example.com
11.2 We will only keep your personal information for as long as we need it for a lawful purpose: whether because of the products and services we have provided to you, for example as registered customer (and to allow for reasonable retention of records afterwards to reflect legal requirements or limitation periods),or because we believe you still wish to hear from us.
12. Changes to this Policy
12.1 If we change our Policy, we will post the changes on this page. Please check the website regularly for any changes to this Policy.
13. If you don't feel we're adhering to this Policy, what should you do?
13.1 You have the following rights:
(1) To obtain access to, and copies of, the personal data that we hold about you, or require that it is transmitted to another data controller;
(2) To request that we restrict our data processing activities or cease processing your personal data in certain ways, for example because you do not consider it lawful;
(3) To require us not to send you marketing communications;
(4) To withdraw your consent, where we are relying on it to process your personal data;
(5) To object to how we process your personal data, in particular where we are relying on our legitimate interests; and
(6) To ask us to erase the personal data we hold about you, for example because it is causing you distress or you believe it to be no longer relevant, or to correct the information if it is incorrect.
Please note that the above rights are not absolute, and we will be entitled to refuse requests where exceptions apply.
Automated decision making
You also have the right to object to automated decision-making, including by means of profiling. Although we use various algorithms and automated criteria to help us serve advertising in the manner set out in this Policy, this results in segmented advertising (by category of user) rather than specific decisions being made about you. This can in any event be controlled through your cookie and ad preferences.
If we change how we use this technology in the future, we will let you know if it affects you via this Policy (and significant changes or effects we will notify directly).
14. If you don't feel we're adhering to this Policy, what should you do?
14.1 If you believe that we have not adhered to this Policy, please notify us by email at firstname.lastname@example.org and we will try to solve the problem promptly.
This Policy was last updated on 16th August, 2018.