PRIVACY POLICY

We are very pleased about your interest in our company. Data protection is of particular importance to us, Fraga Nutrition & Sport, Paolo Andrea Fragapane.

Using the Fraga Nutrition & Sport website is generally possible without providing any personal data. However, if a data subject wishes to use special services provided by our company via our website, processing of personal data may be necessary. If the processing of personal data is necessary and there is no legal basis for such processing, we generally obtain the consent of the data subject.

The processing of personal data, such as the name, address, email address, or telephone number of a data subject, is always carried out in accordance with the General Data Protection Regulation (GDPR), and in accordance with the country-specific data protection regulations applicable to Fraga Nutrition & Sport. By means of this data protection declaration, our company would like to inform the public about the nature, scope, and purpose of the personal data we collect, use, and process. Furthermore, data subjects are informed of their rights by means of this data protection declaration.

Fraga Nutrition & Sport, as the controller, has implemented numerous technical and organizational measures to ensure the most complete protection possible for personal data processed through this website. However, internet-based data transmissions may, in principle, have security gaps, so absolute protection cannot be guaranteed. For this reason, every data subject is free to transmit personal data to us via alternative means, for example, by telephone.

Unless otherwise stated below, the provision of your personal data is neither legally nor contractually required, nor necessary for the conclusion of a contract. You are not obligated to provide the data. Failure to provide it will have no consequences. This only applies if no other information is provided during the subsequent processing operations. "Personal data" is all information relating to an identified or identifiable natural person.

1. Definitions

Fraga Nutrition & Sport's privacy policy is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our privacy policy is intended to be easily readable and understandable for the public, as well as for our customers and business partners. To ensure this, we would like to explain the terms used in advance.

In this privacy policy we use, among other things, the following terms:

  • a) personal data

Personal data is any information relating to an identified or identifiable natural person (hereinafter referred to as the "data subject"). An identifiable natural person is one who can be identified, directly or indirectly, in particular 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.

  • b) data subject

Data subject is any identified or identifiable natural person whose personal data is processed by the controller.

  • c) Processing

Processing is any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

  • d) Restriction of processing

Restriction of processing is the marking of stored personal data with the aim of limiting its future processing.

  • e) Profiling

Profiling is any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.

  • f) Pseudonymization

Pseudonymisation is the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.

  • g) Controller or person responsible for processing

The controller or controller responsible for processing is the natural or legal person, public authority, agency, or other body which, alone or jointly with others, determines the purposes and means of processing personal data. Where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.

  • h) Processor

Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.

  • i) Recipient

Recipient is a natural or legal person, public authority, agency or other body to which personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be considered recipients.

  • j) Third party

Third party is a natural or legal person, public authority, agency or body other than the data subject, the controller, the processor and the persons authorised to process the personal data under the direct authority of the controller or processor.

  • k) Consent

Consent is any freely given, specific, informed and unambiguous indication of the data subject's wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data concerning him or her.

2. Name and address of the 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 of a data protection nature is:

Fraga Nutrition & Sport
Paolo Andrea Fragapane
Etzelstrasse 36
66333 Völklingen
Germany

Phone: 0176 97585370
Email: info@fraganutrition.com
Website: www.fraganutrition.com

3. Cookies

The Fraga Nutrition & Sport website uses cookies. Cookies are text files that are stored on a computer system via an Internet browser.

Numerous websites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier for the cookie. It consists of a character string that allows websites and servers to associate the specific internet browser in which the cookie was stored. This enables the visited websites and servers to distinguish the individual browser of the data subject from other internet browsers that contain other cookies. A specific internet browser can be recognized and identified via the unique cookie ID.

By using cookies, Fraga Nutrition & Sport can provide users of this website with more user-friendly services that would not be possible without the setting of cookies.

Cookies allow us to optimize the information and offers on our website for the user. As already mentioned, cookies enable us to recognize users of our website. The purpose of this recognition is to make it easier for users to use our website. For example, the user of a website that uses cookies does not have to enter their login details every time they visit the website because this is done by the website and the cookie stored on the user's computer system. Another example is the cookie for a shopping cart in an online shop. The online shop uses a cookie to remember the items a customer has placed in the virtual shopping cart.

The data subject can prevent the setting of cookies through our website at any time by making the appropriate settings in the Internet browser used, thereby permanently denying the setting of cookies. Furthermore, cookies already set can be deleted at any time using an Internet browser or other software programs. This is possible in all common Internet browsers. If the data subject deactivates the setting of cookies in the Internet browser used, not all functions of our website may be fully available.

The following links will tell you how to manage (including deactivating) cookies in the most important browsers:

Chrome: https://support.google.com/accounts/answer/61416?hl=de Internet Explorer: https://support.microsoft.com/de-de/help/17442/windows-internet-explorer-delete-manage-cookies

Mozilla Firefox: https://support.mozilla.org/de/kb/cookies-erlauben-und-ablehne

Safari: https://support.apple.com/de-de/guide/safari/manage-cookies-and-website-data-sfri11471/mac

Technically necessary cookies

Unless otherwise stated in the privacy policy below, we only use technically necessary cookies to make our website more user-friendly, effective, and secure. Furthermore, cookies enable our systems to recognize your browser even after you change pages and to offer you services. Some functions of our website cannot be offered without the use of cookies. For these functions, it is necessary that the browser is recognized even after you change pages.

The use of cookies or similar technologies is based on Section 25 (2) of the TTDSG (Teleservices Data Protection Act). Your personal data is processed on the basis of Article 6 (1) (f) GDPR, based on our overriding legitimate interest in ensuring optimal website functionality and a user-friendly and effective design of our offering.

You have the right to object to the processing of personal data concerning you at any time for reasons related to your particular situation.

4. Collection of general data and information

The Fraga Nutrition & Sport website collects a series of general data and information each time the website is accessed by a data subject or an automated system. This general data and information is stored in the server's log files. When you access our website, we collect the following data, which is technically necessary for us to display the website to you: The following data may be collected: (1)

The website we visited, (2) the date and time of access, (3) the amount of data sent in bytes, (4) the source/reference from which you accessed the site, (5) the browser used, (6) an Internet protocol address (IP address) (if applicable: in anonymized form), (7) the operating system used and (8) other similar data and information that serve to avert danger in the event of attacks on our information technology systems.

When using this general data and information, Fraga Nutrition & Sport does not draw any conclusions about the data subject.

Processing is carried out in accordance with Art. 6 (1) (f) GDPR based on our legitimate interest in improving the stability and functionality of our website. The data will not be shared or used for any other purpose. However, we reserve the right to subsequently review the server log files if there are concrete indications of illegal use.

Fraga Nutrition & Sport therefore evaluates this anonymously collected data and information both statistically and with the aim of increasing data protection and data security within our company in order to ultimately ensure an optimal level of protection for the personal data we process. The anonymous data in the server log files are stored separately from all personal data provided by a data subject.

Your data will be transferred to Canada, among other countries. The EU Commission has issued an adequacy decision for data transfers to Canada.

Person responsible

Please contact us if you wish. The contact details of the data controller can be found in our legal notice.

Customer's proactive contact via email

If you initiate business contact with us via email, we will only collect your personal data (name, email address, message text) to the extent provided by you. The data is processed to process and respond to your contact request. If the contact is for the purpose of carrying out pre-contractual measures (e.g. advice in the event of a purchase interest, preparation of an offer) or concerns a contract already concluded between you and us, this data processing is carried out on the basis of Art. 6 (1) (b) GDPR. If contact is made for other reasons, this data is processed on the basis of Art. 6 (1) (f) GDPR out of our overriding legitimate interest in processing and responding to your request. In this case, you have the right to object to this processing of personal data concerning you based on Art. 6 (1) (f) GDPR at any time for reasons arising from your particular situation. We will only use your email address to process your request. Your data will then be deleted in compliance with statutory retention periods unless you have consented to further processing and use.

5. Hosting

Hosting by Shopify We use the shop system of the service provider Shopify International Limited, Victoria Buildings, 2nd Floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland (“Shopify”), for the purpose of hosting and displaying the online shop on the basis of processing on our behalf. All data collected on our website is processed on Shopify’s servers. As part of the aforementioned services from Shopify, data may also be transmitted to Shopify Inc., 150 Elgin St, Ottawa, ON K2P 1L4, Canada, Shopify Data Processing (USA) Inc., Shopify Payments (USA) Inc. or Shopify (USA) Inc. as part of further processing on our behalf. In the event that data is transmitted to Shopify Inc. in Canada, the appropriate level of data protection is guaranteed by an adequacy decision of the European Commission. Shopify Data Processing (USA) Inc., Shopify Payments (USA) Inc., and Shopify (USA) Inc. in the USA are certified for the US-European data protection agreement "Privacy Shield," which guarantees compliance with the level of data protection applicable in the EU. Further information on Shopify's data protection can be found at the following website: https://www.shopify.de/legal/datenschutz Further processing on servers other than those mentioned above by Shopify only takes place within the framework communicated below.

We have concluded a data processing agreement (DPA) pursuant to Art. 28 GDPR with the above-mentioned provider. This is a contract required by data protection law that guarantees that the provider will only process the personal data of our website visitors in accordance with our instructions and in compliance with the GDPR.

6. Contact

When you open a customer account, we collect your personal data to the extent specified therein. The data processing serves the purpose of improving your shopping experience and simplifying order processing. The processing is carried out on the basis of Art. 6 (1) (a) GDPR with your consent. You can revoke your consent at any time by notifying us, without affecting the legality of the processing carried out on the basis of the consent until the revocation. Your customer account will then be deleted.

Collection, processing and transfer of personal data when placing orders

When you place an order, we collect and process your personal data only to the extent necessary to fulfill and process your order and to process your inquiries. Providing this data is required to conclude a contract. Failure to provide this data will result in no contract being concluded. Processing is based on Art. 6 (1) (b) GDPR and is necessary to fulfill a contract with you.

Your data will be shared, for example, with your chosen shipping companies and dropshipping providers, payment service providers, order processing service providers, and IT service providers. In all cases, we strictly adhere to legal requirements. The scope of data transfer is limited to a minimum.

Your data will be transferred to Canada, among other countries. The EU Commission has issued an adequacy decision for data transfers to Canada.

7. Subscription to our newsletter

We use your email address, regardless of contract processing, exclusively for our own advertising purposes to send newsletters, provided you have expressly consented to this. Data is processed on the basis of Art. 6 (1) (a) GDPR with your consent. You can revoke your consent at any time without affecting the legality of the processing carried out on the basis of your consent until 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 mailing list.

8. Analysis of advertising tracking

Use of Google Analytics

We use the web analysis service Google Analytics provided by Google Ireland Limited (Gordon House, Barrow Street, Dublin 4, Ireland; "Google") on our website. The data is processed for the purpose of analyzing this website and its visitors, as well as for marketing and advertising purposes. For this purpose, Google will use the information obtained on behalf of the operator of this website to evaluate your use of the website, to compile reports on website activity and to provide the website operator with other services related to website activity and internet usage. The following information may be collected, among other things: IP address, date and time of the page visit, click path, information about the browser you use and the device you use, pages visited, referrer URL (website through which you accessed our website), location data, purchasing activities. The IP address transmitted by your browser as part of Google Analytics will not be merged with other Google data. Google Analytics uses technologies such as cookies, web storage in the browser and tracking pixels that enable an analysis of your use of the website. The information generated in this way about your use of this website is usually transferred to a Google server in the USA and stored there. There is no adequacy decision from the EU Commission for the USA. The data is transferred on the basis of standard contractual clauses as suitable guarantees for the protection of personal data, which can be viewed at: https://policies.google.com/privacy/frameworks and https://business.safety.google/adsprocessorterms/ . Both Google and US government authorities have access to your data. Google may link your data to other data, such as your search history, your personal accounts, your usage data from other devices, and all other data that Google has about you. IP anonymization 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 to 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. The use of cookies or similar technologies is based on your consent in accordance with Section 25 (1) (s) TTDSG in conjunction with Article 6 (1) (a) GDPR. Your personal data is processed with your consent in accordance with Article 6 (1) (a) GDPR. You can revoke your consent at any time without affecting the legality of the processing carried out on the basis of your consent until the revocation. Further information on terms of use and data protection can be found at https://www.google.com/analytics/terms/de.html or at https://www.google.de/intl/de/policies/ and at https://policies.google.com/technologies/cookies?hl=de .

9. Data protection provisions regarding the application and use of Instagram

The controller has integrated components of the Instagram service on this website. Instagram is a service that qualifies as an audiovisual platform and allows users to share photos and videos and also to republish such data on other social networks.

The operating company of the Instagram services is Instagram LLC, 1 Hacker Way, Building 14 First Floor, Menlo Park, CA, USA.

Each time one of the individual pages of this website, which is operated by the controller and on which an Instagram component (Insta button) has been integrated, is accessed, the Internet browser on the information technology system of the data subject is automatically prompted by the respective Instagram component to download a display of the corresponding Instagram component. As part of this technical process, Instagram receives information about which specific subpage of our website was visited by the data subject.

If the data subject is logged in to Instagram at the same time, Instagram recognizes which specific subpage the data subject visits with each visit to our website by the data subject and for the entire duration of their stay on our website. This information is collected through the Instagram component and assigned by Instagram to the respective Instagram account of the data subject. If the data subject clicks on one of the Instagram buttons integrated on our website, the data and information transmitted with it are assigned to the personal Instagram user account of the data subject and stored and processed by Instagram.

Instagram always receives information via the Instagram component that the data subject has visited our website, provided that the data subject is logged in to Instagram at the time of accessing our website; this occurs regardless of whether the data subject clicks on the Instagram component or not. If the data subject does not wish this information to be transmitted to Instagram, they can prevent this by logging out of their Instagram account before accessing our website.

Further information and Instagram’s applicable privacy policy can be found at https://help.instagram.com/155833707900388 and https://www.instagram.com/about/legal/privacy/.

10. Plug-ins and Other

Using Google Tag Manager

We use Google Tag Manager from Google Ireland Limited (Gordon House, Barrow Street, Dublin 4, Ireland; "Google") on our website. This application manages JavaScript tags and HTML tags, which are used in particular to implement tracking and analysis tools. The data processing serves the purpose of tailoring and optimizing our website to meet your needs. The Google Tag Manager itself does not store cookies, nor does it process personal data. However, it does enable the triggering of additional tags that can collect and process personal data. Further information on terms of use and data protection can be found here .

Use of Google reCAPTCHA

We use the reCAPTCHA service provided by Google Ireland Limited (Gordon House, Barrow Street, Dublin 4, Ireland; "Google") on our website. The query serves the purpose of distinguishing between input by a human and automated, machine processing. For this purpose, your input is transmitted to Google and used there. In addition, the IP address and any other data required by Google for the reCAPTCHA service are transmitted to Google. This data is processed by Google within the European Union and may also be transmitted to Google LLC servers in the USA. There is no adequacy decision from the EU Commission for the USA. The data is transmitted, among other things, on the basis of standard contractual clauses as suitable guarantees for the protection of personal data, which can be viewed at: https://policies.google.com/privacy/frameworks .

The use of cookies or similar technologies is based on your consent in accordance with Section 25 (1) (1) TTDSG in conjunction with Article 6 (1) (a) GDPR. Your personal data is processed with your consent in accordance with Article 6 (1) (a) GDPR. You can revoke your consent at any time without affecting the legality of the processing carried out on the basis of your consent until the revocation.

Further information about Google reCAPTCHA and the associated privacy policy can be found at: https://www.google.com/recaptcha/intro/android.html and https://www.google.com/privacy .

11. Shipping service provider

Passing on the email address to shipping companies to inform them about the shipping status

We will pass on your email address to the shipping company as part of the contract processing, provided you have expressly consented to this during the ordering process. The purpose of this transfer is to inform you about the shipping status by email. Processing is carried out on the basis of Art. 6 (1) (a) GDPR with your consent. You can revoke your consent at any time by notifying us or the shipping company, without affecting the legality of the processing carried out on the basis of your consent until the revocation.

12. Payment service provider/credit report

Using PayPal

All PayPal transactions are subject to the PayPal Privacy Policy.

https://www.paypal.com/de/webapps/mpp/ua/privacy-full

Using Klarna payment options

In order to offer you Klarna's payment options, we will transmit personal data, such as contact details and order data, to Klarna. This allows Klarna to assess whether you are eligible for the payment options offered through Klarna and to adapt the payment options to your needs. General information about Klarna can be found at: https://www.klarna.com/de/ . Your personal data will be treated by Klarna in accordance with applicable data protection regulations and in accordance with the information in Klarna's privacy policy at https://cdn.klarna.com .

Using Apple Pay (payment services)

If you choose to use the “Apple Pay” payment method from Apple Distribution International (Apple), Hollyhill Industrial Estate, Hollyhill, Cork, Ireland, payment will be processed using the “Apple Pay” function on your iOS, watchOS, or macOS device by charging a payment card stored with “Apple Pay.” Apple Pay uses security features integrated into your device’s hardware and software to protect your transactions. Authorizing a payment requires entering a code you previously specified and verifying your payment using your device’s “Face ID” or “Touch ID.” For payment processing, the information you provided during the ordering process, along with information about your order, will be passed on to Apple in encrypted form. Apple then encrypts this data again using a developer-specific key before transmitting the data to the payment service provider of the payment card stored with Apple Pay to process the payment. This encryption ensures that only the website through which the purchase was made can access the payment data. After the payment has been made, Apple sends your device account number and a transaction-specific, dynamic security code to the originating website to confirm the payment success. If personal data is processed during the transmissions described, the processing is carried out solely for the purpose of payment processing in accordance with Art. 6 (1) (b) GDPR. Apple stores anonymized transaction data, including the approximate purchase amount, the approximate date and time, and information about whether the transaction was successfully completed. Anonymization completely excludes any personal reference. Apple uses the anonymized data to improve Apple Pay and other Apple products and services. When you use Apple Pay on your iPhone or Apple Watch to complete a purchase you made using Safari on your Mac, the Mac and the authorization device communicate over an encrypted channel on Apple servers. Apple does not process or store any of this information in a format that can be used to identify you personally. You can deactivate the ability to use Apple Pay on your Mac in your iPhone settings. Go to "Wallet & Apple Pay" and deselect "Allow payments on Mac." For more information about Apple Pay privacy, please visit the following web address: https://support.apple.com/de-de/HT203027

Payment method Sofortüberweisung as payment method

The controller has integrated components of Sofortüberweisung (instant transfer) on this website. Sofortüberweisung is a payment service that enables cashless payment for products and services online. Sofortüberweisung represents a technical process

through which the online retailer receives immediate payment confirmation. This enables a retailer to deliver goods, services, or downloads to the customer immediately after the order is placed.

The operating company of Sofortüberweisung is SOFORT GmbH, Fußbergstraße 1, 82131 Gauting, Germany.

If the data subject selects "Instant Transfer" as a payment option during the ordering process in our online shop, the data subject's data will be automatically transmitted to Sofortüberweisung. By selecting this payment option, the data subject consents to the transmission of personal data required for payment processing.

When completing a purchase via Sofortüberweisung, the buyer transmits the PIN and TAN to Sofort GmbH. Sofortüberweisung then executes a transfer to the online merchant after technically verifying the account balance and retrieving additional data to verify account coverage. The online merchant is then automatically notified of the completion of the financial transaction.

The personal data exchanged with Sofortüberweisung includes first name, last name, address, email address, IP address, telephone number, mobile phone number, or other data necessary for payment processing. The purpose of transmitting this data is payment processing and fraud prevention. The controller will also transmit other personal data to Sofortüberweisung if there is a legitimate interest in doing so. The personal data exchanged between Sofortüberweisung and the controller may be transmitted by Sofortüberweisung to credit reporting agencies. This transmission is for the purpose of identity and credit checks.

Sofortüberweisung may pass on personal data to affiliated companies and service providers or subcontractors if this is necessary to fulfil contractual obligations or if the data is to be processed on behalf of the latter.

The data subject has the option of revoking their consent to the processing of personal data by Sofortüberweisung at any time. A revocation does not affect personal data that must be processed, used, or transmitted for (contractual) payment processing.

The applicable data protection provisions of Sofortüberweisung can be found at https://www.sofort.com/ger-DE/datenschutzerklaerung-sofort-gmbh/.

13. Contact options via the website

Due to legal regulations, the Fraga Nutrition & Sport website contains information that enables quick electronic contact with our company and direct communication with us, which also includes a general address for so-called electronic mail (email address). If a data subject contacts the controller by email or via a contact form, the personal data transmitted by the data subject will be automatically stored. Such personal data transmitted voluntarily by a data subject to the controller will be stored for the purposes of processing or contacting the data subject. This personal data will not be passed on to third parties.

14. Comment function in the blog on the website

As part of the comment function on this website, in addition to your comment, information about the time the comment was created and the commentator's name you chose will be saved and published on this website. Furthermore, your IP address will be logged and saved. This storage of the IP address is done for security reasons and in the event that the data subject violates the rights of third parties or posts illegal content through a comment. We need your email address in order to contact you if a third party should object to the content you have published being illegal. The legal basis for storing your data is Art. 6 (1) (b) and (f) GDPR. We reserve the right to delete comments if they are objected to as illegal by third parties.

15. Routine deletion and blocking of personal data

The controller shall process and store the personal data of the data subject only for the period necessary to achieve the purpose of storage or as far as this is provided for by the European legislator or other legislator in laws or regulations to which the controller is subject.

If the storage purpose no longer applies or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data will be routinely blocked or deleted in accordance with the statutory provisions.

16. Rights of the data subject

  • a) Right to confirmation

Every data subject has the right granted by the European legislator to obtain confirmation from the controller as to whether or not personal data concerning him or her are being processed. If a data subject wishes to exercise this right of confirmation, he or she may contact an employee of the controller at any time.

  • b) Right to information

Any person affected by the processing of personal data has the right, granted by the European legislator, to obtain from the controller free information about the personal data concerning him or her stored at any time and a copy of this information. Furthermore, the European legislator has granted the data subject the right to obtain the following information:

  • the processing purposes
  • the categories of personal data being processed
  • the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations
  • where possible, the envisaged period for which the personal data will be stored, or, where not possible, the criteria used to determine that period
  • the existence of a right to rectification or erasure of personal data concerning them or to 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: all available information about the origin of the data
  • the existence of automated decision-making, including profiling, referred to in Article 22 (1) and (4) GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject

Furthermore, the data subject has the right to information as to whether personal data has been transferred to a third country or to an international organization. Where this is the case, the data subject also has the right to receive information about the appropriate safeguards related to the transfer.

If a data subject wishes to exercise this right to information, he or she may contact an employee of the controller at any time.

  • c) Right to rectification

Any person affected by the processing of personal data has the right granted by the European legislator to request the immediate rectification of inaccurate personal data concerning him or her. Furthermore, taking into account the purposes of the processing, the data subject has the right to request the completion of incomplete personal data, including by means of providing a supplementary statement.

If a data subject wishes to exercise this right to rectification, he or she may contact an employee of the controller at any time.

  • d) Right to erasure (right to be forgotten)

Any person affected by the processing of personal data has the right granted by the European legislator to obtain from the controller the erasure of personal data concerning him or her without undue delay, where one of the following grounds applies and where processing is not necessary:

  • The personal data were collected or otherwise processed for purposes for which they are no longer necessary.
  • The data subject withdraws his or her consent on which the processing is based according to point (a) of Article 6(1) of the GDPR or point (a) of Article 9(2) of the GDPR, and there is no other legal ground for the processing.
  • The data subject objects to the processing pursuant to Art. 21 (1) GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Art. 21 (2) GDPR.
  • The personal data was processed unlawfully.
  • The erasure of personal data is necessary to fulfil a legal obligation under Union or Member State law to which the controller is subject.
  • The personal data were collected in relation to information society services offered in accordance with Art. 8 (1) GDPR.

If one of the above reasons applies, and a data subject wishes to request the erasure of personal data stored by Fraga Nutrition & Sport, they may contact an employee of the controller at any time. The employee of Fraga Nutrition & Sport will ensure that the erasure request is complied with immediately.

If the personal data was made public by Fraga Nutrition & Sport and our company as the controller pursuant to Art. 17 Para. 1 GDPR is obliged to erase the personal data, Fraga Nutrition & Sport shall take appropriate measures, including technical ones, taking into account the available technology and the implementation costs, in order to inform other data controllers which process the published personal data that the data subject has requested the erasure by such controllers of all links to these personal data or of copies or replications of these personal data, unless processing is required. The employee of Fraga Nutrition & Sport will arrange the necessary measures in individual cases.

  • e) Right to restriction of processing

Any person affected by the processing of personal data has the right granted by the European legislator to request the controller to restrict processing if one of the following conditions applies:

  • 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 opposes the erasure of the personal data and requests the restriction of the use of the personal data instead.
  • The controller no longer needs the personal data for the purposes of the processing, but the data subject needs them to assert, exercise or defend legal claims.
  • The data subject has objected to processing pursuant to Art. 21 (1) GDPR and it has not yet been determined 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 the processing of personal data stored by Fraga Nutrition & Sport, he or she may contact any employee of the controller at any time. The employee of Fraga Nutrition & Sport will arrange the restriction of processing.

  • f) Right to data portability

Every data subject shall have the right granted by the European legislator to receive the personal data concerning him or her, which was provided to a controller, in a structured, commonly used and machine-readable format. He or she shall also have the right to transmit those data to another controller without hindrance from the controller to which the personal data was provided, as long as the processing is based on consent pursuant to point (a) of Article 6(1) of the GDPR or point (a) of Article 9(2) of the GDPR or on a contract pursuant to point (b) of Article 6(1) of the GDPR and the processing is carried out by automated means, 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, in exercising his or her right to data portability pursuant to Article 20(1) GDPR, the data subject shall have the right to have the personal data transmitted directly from one controller to another, where technically feasible and when doing so does not adversely affect the rights and freedoms of others.

To assert the right to data portability, the data subject may contact an employee of Fraga Nutrition & Sport at any time.

  • g) Automated decisions in individual cases, including profiling

Every data subject shall have the right granted by the European legislator 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 (1) is necessary for entering into, or the performance of, a contract between the data subject and the controller, or (2) is authorized by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, or (3) is not based on the data subject’s explicit consent.

If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and the controller or (2) is made with the data subject’s explicit consent, Fraga Nutrition & Sport shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, at least the right to obtain human intervention 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 rights with regard to automated decisions, he or she may contact any employee of the controller at any time.

  • h) Right to withdraw consent under data protection law

Any person affected by the processing of personal data has the right granted by the European legislator to withdraw his or her 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 an employee of the controller at any time.

Right to lodge a complaint with the supervisory authority

According to Art. 77 GDPR, you have the right to complain to the supervisory authority if you believe that the processing of your personal data is unlawful.

You can lodge a complaint with the supervisory authority responsible for us, which you can reach using the following contact details:

State Commissioner for Data Protection and Freedom of Information North Rhine-Westphalia PO Box 20 04 44 40102 Düsseldorf Tel.: +49 211 384240 Fax: +49 211 38424999 E-Mail: poststelle@ldi.nrw.de

Right of objection

If we process your data based on legitimate interests, you can object to this data processing at any time; this would also apply to profiling based on these provisions. We will then no longer process your data unless we can demonstrate compelling legitimate grounds for the processing that override your interests, rights, and freedoms, or unless the processing serves to assert, exercise, or defend legal claims. You can object to the processing of your data for direct marketing purposes at any time without giving reasons.

If personal data is processed for direct marketing purposes, you can object to this processing at any time by notifying us. After your objection, we will stop processing the data concerned for direct marketing purposes.

17. Period for which the personal data will be stored

The criterion for the duration of storage of personal data is the respective statutory retention period. After expiration of this period, the corresponding data will be routinely deleted unless it is no longer required for the fulfillment or initiation of a contract.

Rights of the data subject

If the legal requirements are met, you are entitled to the following rights under Articles 15 to 20 of the GDPR: Right to information, rectification, erasure, restriction of processing, and data portability. Furthermore, under Article 21 (1) GDPR, you have the right to object to processing based on Article 6 (1) (f) GDPR, as well as to processing for direct marketing purposes.

18. Legal or contractual provisions for the provision of personal data; necessity for the conclusion of the contract; obligation of the data subject to provide the personal data; possible consequences of non-provision

We would like to clarify that the provision of personal data is partly required by law (e.g. tax regulations) or can also arise from contractual provisions (e.g. information on the contractual partner). Sometimes it may be necessary for a data subject to provide us with personal data in order to conclude a contract, which must then be processed by us. For example, the data subject is obliged to provide us with personal data if our company concludes a contract with him or her. Failure to provide the personal data would mean that the contract with the data subject could not be concluded. Before the data subject provides personal data, the data subject must contact one of our employees. Our employee will clarify to 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 consequences non-provision of the personal data would have.

last updated: 31.10.2024