CYBEROBICS

Train like Hollywood

PRIVACY POLICY / DATA PROTECTION DECLARATION

The CYBEROBICS GmbH, Saarbrücker Straße 38, 10405 Berlin, Germany (hereinafter: “CYBEROBICS“ or ”we“) is the provider of the CYBEROBICS APP (hereinafter also: “App”) and the websites app.cyberobics.com or app.cyberobicsnow.com (hereinafter collectively referred to as "Online Offer"). Through the Online Offer we provide a service for the "streaming" of fitness and sports video courses (hereinafter also: CYBEROBICS’ Service).

We want you to feel comfortable on our website. The protection of your privacy and of your personal rights is very important to us. We therefore ask you to read the information about the functions of our website carefully. In the following data protection declaration, we like to inform you about the nature, scope and purpose of the processing of personal data (hereinafter also referred to as "Data") within our Online Offer and its functions and contents.

Please note that there exists a separate privacy policy / data protection declaration for the website www.cyberobics.com and of external online presence, e.g. our social media profiles, which you can access at https://www.cyberobics.com/en/privacy-policy/.

I. Identity and contact of the controller

The controller in charge for data processing of our Online Offer within the meaning of the General Data Protection Regulation (hereinafter: “GDPR”) and other national data protection laws of the Member States, as well as other data protection provisions, is the following:

CYBEROBICS GmbH

Saarbrücker Straße 38

10405 Berlin, Germany

Telefon: +49 30 54 00 00 066

Telefax: +49 30 54 00 00 001

E-mail: info@cyberobics.com

Representative (Managing Director): Oliver Schulokat (contact as before)

You can reach our data protection officer via:

Astrid Bemfert

Weitbrucher Straße 19 A

12349 Berlin, Germany

E-mail: datenschutz@bemfert.de

II. Scope of processing of personal data

We only process personal data of the users of our Online Offer, if it is necessary in order to provide a functioning Online Offer as well as our content and services. The processing of your personal data regularly only takes place with your consent, with the exceptions that obtaining your consent is not possible for actual reasons or that the processing of your data is permitted by law.

III. Legal basis for the processing of personal data

We would like to inform you about the legal basis for our data processing. In case that the respective legal basis is not mentioned expressively in our data protection declaration, the processing of your personal data is based on the following legal bases:

Article 6 (1) point (a) GDPR is the legal basis, when we have obtained your consent for a particular processing purpose.

Article 6 (1) point (b) GDPR is the legal basis, if the processing is necessary in order to perform a contract, e.g. if you close a contract via our Online Offer. This legal basis also applies to the processing of personal data necessary in order to perform pre-contractual measures, e.g. if you contact us with inquiries regarding our products and services.

Article 6 (1) point (c) GDPR is the legal basis as far as the processing of personal data is necessary for compliance with our legal obligations, e.g. the compliance with commercial and tax obligations.

In case that, the processing of personal is necessary in order to protect the vital interests of you or of another natural person, Article 6 (1) point (d) GDPR is the legal basis.

In the case, that the processing is necessary for the purposes of the legitimate interests pursued by us or by a third party, except where such interests are overridden by your interests or your fundamental rights and freedoms, Article 6 (1) point (f) GDPR is the legal basis.

IV. Data erasure and storage period

We would like to inform you about the storage period and data erasure of our data processing. Unless otherwise provided in our data protection declaration in the following sections, we consider the storage period and data erasure to be the following:

We only process and store your personal data for the period of time necessary to fulfill the purpose of processing and storage. In addition, your Data may be stored if provided for by the European or national legislature in regulations, laws or other regulations to which we shall comply. A restriction or erasure of your Data takes place if a storage period provided for by these regulations expires, unless there is a need for further storage of your Data for a conclusion of a contract or a fulfillment of the contract. In the case that the personal data are restricted, an erasure takes place as soon as legal or contractual retention periods allow it, there is no reason to believe that a erasure affects your legitimate interests and an erasure does not cause a unreasonable expense due to the special nature of the storage.

V. Provision of the Online Offer and creation of log-files

  1. Description and scope of data processing

Whenever you access our Online Offer, we or our hosting provider collects a series of general data and information from the computer system of the device which is accessing our Online Offer. The following Data can be collected:

• Date and time at the time of the access to the visited website respectively the Online Offer

• Website from which you access our Online Offer (e.g. previous website, hyperlink or similar)

• Websites that you access through our Online Offer

• The access status (file transfer, file not found)

• The amount of data you send

• The operating system you are using

• The browser and which browser version you are using

• The internet service provider you use

• Your IP address, which your Internet service provider assigns to your computer when connecting to the internet.

The data is temporarily stored in log files of a server. A storage of this data together with other personal data of you shall not take place.

2. Legal basis for data processing

The legal basis for the temporary storage of Data and log files is Article 6 (1) point (f) GDPR.

3. Purpose of the data processing

The processing of the Data is necessary in order to operate our Online Offer in order to ensure its functionality and to be able to deliver the content of the Online Offer correctly. In addition, the Data serves to optimize our Online Offer and to ensure the security of our information technology systems. An evaluation of the Data for marketing purposes shall not take place in this context. The aforementioned purposes also establish our legitimate interest in the processing of Data according to Article 6 (1) point (f) GDPR.

4. Storage period

The Data shall be erased as soon as it is no longer necessary for the purpose of its processing. In the case of storing the data in log files shall be erased after seven days at the latest. A longer storage of your Data is possible. In this case, your IP address will be erased or alienated, so that an identification of the calling user is no longer possible.

5. Possibility to object or and removal

As the collection of Data is mandatory for the provision of the Online Offer and the storage of the Data in log-files for the operation of the Online Offer are, there is no possibility for you as a user to oppose the processing of the Data.

VI. Use of cookies

1. Cookie integration in the Online Offer

We use cookies on our Online Offer. Cookies are small text files that are stored in your Internet browser respective by the Internet browser on your computer system. Cookies are downloaded when you visit a website. This cookie contains a characteristic string that allows the browser to be uniquely identified when the website is reopened. Temporary cookies, or "session cookies" or "transient cookies", are cookies that are erased after a user leaves the online service and closes his browser. In such a cookie, e.g. the content of a shopping cart in an online shop or a login status.

"Permanent" or "persistent" refers to cookies that remain stored even after the browser has been closed. In this way, e.g. a login status will be saved when a user visits the Online Offer after several days. Likewise, in such a cookie the user interests can be stored, which are used for range measurement or marketing purposes. If the website is retrieved from the same device, the cookie is either returned to the site that created it (first-party cookie) or to another website to which it belongs (third-party cookie). With the help of the cookie, the website can recognize that it has already been called up with this browser and, among other things, can improve the user experience when calling it again. Cookies can be e.g. remember your preferences and adapt the offers displayed on the website to your personal interests and needs.

You can decide for yourself whether the browser you use allows cookies or not. Saved cookies can be erased in the system settings of your browser. Please note that the functionality of websites may be restricted or even suspended if cookies are not allowed.

When you call our Online Offer for the first time, you will be informed via an info banner about the use of cookies. If you have allowed us to use cookies through your browser setting or consent, the following cookies may be used in our Online Offer. As far as these cookies also use personal data, you will be informed below.

2. Use of functional cookies (Necessary Cookies)

We use cookies that belong to the group of functional cookies so that you can visit our Online Offer in a user-friendly way and that the online offer is working properly (technically-necessary cookies, hereinafter also: Necessary Cookies). Some elements of our Online Offer require that the browser from which you access our Online Offer also identify you after a change a page within our Online Offer.

By using Necessary Cookies, the following functionalities can be achieved or the following Data can be stored:

• Language settings made by you

• Saving your browser settings so that our Online Offer can be displayed optimized on the device you're using

• Saving settings to ensure an optimized video display (e.g., resolution data of the screen you are using)

• Even loading of the webpage you are visiting in order to keep it accessible

• Preventing misuse of the Online Offer and services by registering logins.

The legal basis for the processing of Data by using technical Necessary Cookies is Article 6 (1) point (f) GDPR.

3. Use of Preference and Statistics Cookies

Furthermore we use Preference and Statistics Cookies in our Online Offer, which allow an analysis of your surfing behavior. When accessing our Online Offer, you will be asked, as described above, to consent to the processing of personal data used in this context.

• The search terms you entered

• Frequency of page views

• The recording of the visit time on our Online Offer

• Recording the visit of different pages on our Online Offer

• Use of functions of our Online Offer

• Your IP address in anonymized form

The legal basis for the processing of personal data using cookies for analysis purposes is, if you have given your consent in this regard, Article 6 (1) point (a) GDPR. In addition, the legal basis for this is also Article 6 (1) point (f) GDPR, as we have a legitimate interest, namely an interest in the analysis, optimization and economic operation of our online offer.

4. Use of the Google Tag Manager

We use the services of Google Tag Manager, a web analytics service provided by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland („Google“). This service allows website tags to be managed through a single interface. Google Tool Manager only implements tags. This means: No cookies are used and no personal data is collected. Google Tool Manager triggers other tags, which may collect data. However, Google Tag Manager does not access this data. If deactivated at the domain or cookie level, it will remain in effect for all tracking tags as far as they are implemented with the Google Tag Manager.

Google is certified under the Privacy Shield Framework, which provides appropriate safeguards to comply with European data protection law https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active.

5. Use of Google Analytics / Universal Analytics

We use the services of Google Analytics, a web analytics service provided by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland („Google“). Google Analytics uses cookies, to allow an analysis about how users use our Online Offer.

The information generated by the cookies about your use of the Online Offer is usually transmitted to a Google server in the USA and stored there. However, 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 sent to a Google server in the USA and shortened there. The IP address transmitted by Google Analytics will not be merged with other data provided by Google. The cookies saved by Google Analytics will be erased after 26 months at the latest.

We use Google Analytics as "Universal Analytics". "Universal Analytics" means a process by Google Analytics, in which the user analysis is based on a pseudonymous user ID and thus a pseudonymous profile of the user is created with information from the use of different devices (so-called "cross-device tracking"), Within our Online Offer, we use the "demographics" feature of Google Analytics. This allows us to produce reports that include statements about the age, gender and interests of the site user. This "demographics" information about user to our Online Offer comes from Google's interest-based advertising and third-party visitor data, but we cannot associate it with any particular person.

By using the service of Google Analytics, we also want to ensure that our ads placed with Google or its affiliate match the potential interests of the persons to which the ads are being shown. With the help of the so-called "Remarketing" or "Google Analytics Audiences" functions, our ads will only be displayed to persons who have shown an interest in our online offer or who have certain characteristics specified by us (e.g. interests in specific topics or products, which are determined by the visited websites). Google is certified under the Privacy Shield Framework, which provides appropriate safeguards to comply with European data protection law https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active.

For more information about Google's data usage, settings and opt-out options, please visit Google's websites:

https://www.google.com/intl/en/policies/privacy/partners,

http://www.google.com/policies/technologies/ads,

http://www.google.com/settings/ads.

The legal basis for the processing of Data by the use of cookies in connection with the use of Google Analytics for analysis purposes is Article 6 (1) point (a) GDPR, provided that you have given us your consent. In addition, we pursue legitimate interests by the processing of data within the meaning of Article 6 (1) point (f) GDPR, because we have an interest in optimizing our Online Offer and our advertising presence.

You may object to the consent to the above-mentioned data processing at any time by changing the settings with regard to the permitted cookies or by changing the settings in your browser. To deactivate Google Analytics, you can download and install a browser plugin at https://tools.google.com/dlpage/gaoptout?hl=en.

6. Use of Facebook pixels

If you agree, we use within our Online Offer the "Conversion Pixel" provided by Facebook Ireland Limited, 4 Grand Canal Square, Dublin 2, Ireland. The Facebook "Conversion Pixel" is used for the purpose of analysis, optimization and economic operation of our Online Offer, our advertising presence and our marketing measures through ads on Facebook ("Facebook Ads").

The use of the Facebook "Conversion Pixel" is intended to ensure, on the one hand, that our Facebook Ads correspond to the potential interest of the users and are not annoying. The Pixel enables us to choose the visitors to our website as the target audience for our Facebook Ads. The Facebook "Conversion Pixel" is used for the purpose of only displaying the Facebook ads we have placed to those Facebook users who have shown an interest in our online offer or who have characteristics based on their user behavior (e.g. interests in certain topics or Products that are determined by the websites visited) that we provide to Facebook ("Custom Audiences").

On the other hand, we use the Facebook "Conversion Pixel" for statistical and market research purposes. For this, we can use the Facebook "Conversion Pixel" to track whether the users were forwarded to our website after clicking on Facebook Ads and made a contract there ("Conversion").

The legal basis for the processing of personal data using cookies in connection with the use of Facebook "Conversion Pixel" for analysis purposes is Article 6 (1) point (a) GDPR, if you have given your consent to the use of the cookies in connection with the use of the Facebook "Conversion Pixel". In addition, we have a legitimate interest in data processing within the meaning of Article 6 (1) point (f) GDPR, since we have an interest in optimizing our Online Offer, our advertising presence and our marketing measures on Facebook. Facebook is certified under the Privacy Shield Framework, which provides appropriate safeguards to comply with European data protection law https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active.

For more information about Facebook’s processing of personal data, in particular, if you are logged in to Facebook, you should pay attention to the privacy policy of Facebook at https://www.facebook.com/about/privacy/.

7. Use of Brightcove

Within our Online Offer we use the services of Brightcove Inc., 290 Congress Street, Boston, MA, USA, 02210 ("Brightcove") to provide the fitness and sports video courses through CYBEROBICS’ Service.

Upon retrieval of a fitness and sports video course, information about the calling user will be transmitted to Brightcove in order to check the user's entitlement to play the particular video and to provide the video to the userin an optimized version in particular with regard to type of device, screen resolution and transmission speed.

Such information may also content personal information that identifies a person. Data collected when video is played through Brightcove includes:

• Unique identifiers such as IP addresses and device IDs

• System information such as the type/version of the device, browser or operating system, screen resolution and preferred language

• Referring Domain, Target Domain, and Destination Path

• Data about the geographical location

• Spectator activity and features such as player loads, number of views, minutes in minutes, percentage of content played, geography, traffic sources, and similar information. This information is aggregated and anonymous (that is, they are not associated with individual viewers).

Brightcove uses cookies to store information. Brightcove services can be deployed through resources and servers in various countries around the world, including the United States of America. Therefore, it is possible for personal information to be transmitted, processed and stored by users outside of the country where the Brightcove services are accessed or run.

We use Brightcove to play the fitness and sports video courses and thus to fulfill a contract with you regarding the use of CYBEROBICS’ service. Legal basis is therefore Article 6 (1) point b GDPR. In addition, the legal basis is also Article 6 (1) point f GDPR, because we have a legitimate interest, namely an interest in optimizing and analyzing our Online Offer. Brightcove is certified under the Privacy Shield Framework, which provides appropriate safeguards to comply with European data protection law https://www.privacyshield.gov/participant?id=a2zt00000008RmxAAE&status=Active.

For more information about Brightcove’s processing of personal data, please see the privacy policy of the service: https://www.brightcove.com/legal/privacy.

8. Use of New Relic

Within our Online Offer, we use the New Relic web analytics service of New Relic, Inc. Attn: Legal Department 188 Spear Street, Suite 1200 San Francisco, CA 94105, USA ("New Relic").

New Relic provides server monitoring and error tracking to help ensure the availability and integrity of our Online Offer. We use the Data processed in order to technically optimize our Online Offer.

New Relic processes aggregated performance data, meaning performance, utilization and similar technical data, which provide information about the stability and any abnormalities of our Online Offer. New Relic uses cookies to collect and process the data. In the case of errors and conspicuousness, single requests of users to our Online Offer are collected pseudonym to identify problem sources and to remedy. In these cases, pseudonym means in particular that the IP addresses of the users are stored shortened by the last two digits (so-called IP masking). The aggregated data is erased after three months and the pseudonymized data after seven days.

The use of New Relic takes place in accordance with Article 6 (1) point f GDPR based on our legitimate interests in the security, accuracy and optimization of our Online Offer.

New Relic is certified under the Privacy Shield Framework, which provides appropriate safeguards to comply with European data protection law https://www.privacyshield.gov/participant?id=a2zt0000000TNPiAAO&status=Active.

For more information about New Relic's processing of personal data, please see the privacy policy of the service: https://newrelic.com/termsandconditions/privacy.

9. Use of Kochava Measurement

Within our Online Offer, we use the web analytics service Kochava Measurement of Kochava Inc., 201 Church Street, Sandpoint, Sandpoint, Idaho 83864, USA („Kochava“).

We use the analysis service Kochava Measurement to evaluate user behavior in the App. If you use our App, we collect certain information about events (e.g. opening the CYBEROBICS App, starting a workout) and send it to our servers. This enables us to analyze the functioning of our app and to constantly improve it. It also enables us to track and analyze which marketing channels and sources deliver the best results to get users to download the App.

The processing of the data is based on Article 6 (1) point f GDPR. As an app provider, we have a legitimate interest in analyzing the user behavior of our customers in order to optimize our Online Offer.

Kochava is certified under the Privacy Shield Framework, which provides appropriate safeguards to comply with European data protection law, please see https://www.privacyshield.gov/participant?id=a2zt0000000GnEHAA0&status=Active.

For more information about Kochava’s processing of personal data, please see the privacy policy of the service https://www.kochava.com/support-privacy/.

10. Duration of storage, objection and removal with regard to recorded Data when using cookies

Cookies are stored on your computer and transmitted to us by your computer. Therefore, as a user, you have full control over the use of cookies. By changing the system settings in your internet browser, you can disable or restrict the transmission of cookies. As described above, you can also control this by granting consent or withdraw it within our Online Offer. Already stored cookies can be erased at any time.

VII. NEWSLETTER If you sign up for newsletter mailing list, you agree, until withdrawn, that you receive a personalized newsletter from CYBEROBICS on a regular basis and that CYBEROBICS GmbH may send you advertising mailings on products, services, promotions and/or customer satisfaction surveys. In order to send you a newsletter optimized for you, you consent to an evaluation by CYBEROBICS, which measures whether and when the newsletter is opened and which links you click on.

You will find detailed information about the transit procedure and the data collected by the newsletter in the text below. You can terminate the receipt of our newsletter at any time, i.e. withdraw your consent. For this purpose, there is a corresponding link in each newsletter mailing.

You can also withdraw your consent by sending us a simple message via regular mail (CYBEROBICS GmbH, Saarbrücker Straße 38, 10405 Berlin) or via e-mail to datenschutz@cyberobics.com. You will incur no other costs than costs for the transmission of your withdrawal.

1. Description and scope of data processing for newsletter mailing

For the processing of the Data, your consent is obtained during the registration process and reference is made to this privacy policy. Registration for our newsletter takes place in a so-called double opt-in procedure. This means that after signing up for the newsletter, you will receive an e-mail asking you to confirm your registration. This confirmation is necessary so that nobody can register with a foreign e-mail address. The registrations for the newsletter are logged in order to prove the registration process in accordance with the legal requirements. This requires the storage of the registration and confirmation time, as well as of the IP address.

Even if you have not registered for our newsletter, we can use your deposited e-mail address to send you a newsletter, if you purchase goods or services from CYBEROBICS on our Online Offer and enter your e-mail address. In such case, the newsletter will only send advertising for CYBEROBICS’ own identical or similar goods or services.

2. Legal basis and purpose for data processing

The legal basis for sending the newsletter and the associated performance measurement is your consent in accordance with Article 6 (1) point a GDPR.

The logging of the registration process is based on our legitimate interest in accordance with Article 6 (1) point f GDPR. Here, our interest is directed to the use of a user-friendly and secure newsletter shipping method, which serves our business interests on the one hand and allows us to prove your consent and at the same time meets your expectations.

The legal basis for sending the newsletter following the sale of goods or services is in the Federal Republic of Germany Section 7 (3) German Act Against Unfair Competition [“UWG”] and in Austria Section 107 (2) and (3) Austrian Telecommunications Act [“TKG”]. In addition, the legal basis is also Article 6 (1) point f GDPR, as we have a legitimate interest in direct marketing.

The processing of your e-mail address serves to send you the newsletter mailing.

3. Duration of storage

The Data will be erased as soon as it is no longer necessary to achieve the purpose of its collection. Therefore your e-mail address will be stored as long as you have subscribed to our newsletter mailing list.

You can terminate the receipt of our newsletter at any time, ie. withdraw your consent. For this purpose, there is a corresponding link in each newsletter mailing. You can also withdraw your consent by sending us a simple message

via regular mail (CYBEROBICS GmbH, Saarbrücker Straße 38, 10405 Berlin) or

via e-mail to datenschutz@cyberobics.com.

You will incur no other costs than costs for the transmission of your withdrawal.

In order to be able to proof a prior given consent, we may store the un-subscripted email address for a period up to three years based on our legitimate interests before it is deleted. In this case the storage only takes place for the purpose of possible defense against claims.

4. Newsletter mailing by Mailchimp

The newsletter mailings are distributed vy using Mailchimp, a mailing service platform owned by Rocket Science Group, LLC, 675 Ponce De Leon Ave # 5000, Atlanta, GA 30308, USA. You can view the privacy policy of the shipping service provider at https://mailchimp.com/legal/privacy/. The Rocket Science Group LLC is certified under the Privacy Shield Agreement, which provides a guarantee to comply with European data protection standards https://www.privacyshield.gov/participant?id=a2zt0000000TO6hAAG&status=Active. We use the services of MailChimp on the basis of our legitimate interest in accordance with Article 6 (1) point f GDPR.

Mailchimp can use the Data of the recipients without assignment to a specific user to optimize or improve their own service, e.g. for the technical optimization of the mailings and the improvement of the presentation of the newsletter. Mailchimp will not use the Data of our newsletter recipients to send them own mailings or to transmit the Data to third parties.

5. Newsletter performance measurement

The newsletter mailings may contain so-called "web-beacons". These are pixel-sized files that are retrieved when opening a newsletter from our server or from the server of our shipping service provider. As part of this retrieving technical information, such as the information about your browser and your operating system, but also your IP address and the time of retrieval of the newsletter are collected.

The legal basis for the processing of data with regard to the performance of the newsletter is set out in Article 6 (1) point f GDPR.

All of this information is used to improve the service based on specifications or audiences and their reading behavior based on the locations or access times. It also determines if the newsletter has been opened, when it was opened and which links were clicked. Even if this information can be assigned to a single newsletter recipient due to technical reasons, we do not want to monitor individual users either by us or by the mailing service provider. The evaluations serve to recognize the reading habits of our users and to adapt our content to them or to send interest-oriented newsletters to our users.

VIII. Transfer of Data to service companies and other third parties

We work with several third party service companies to operate and optimize our Online Offer as well as our services and contract management, e.g. for IT services or for the hosting of our Online Offer. We transfer the Data, which are necessary for these service providers in order to fulfillment the respective contracts with us.

The legal basis for the transfer of Data to service companies is Article 6 (1) points (b) and (f) GDPR.

Under certain circumstances, we also transfer your personal data to third parties or government agencies if we are obliged to do so on the basis of official or court orders or if we are entitled to do so, e.g. if the transfer of the Data is necessary in order to prosecute criminal offenses or in order to protect and enforce our own rights or claims.

The legal basis for this transfer is Article 6 (1) points (c) and (f) GDPR.

IX. Contacting When you contact us (e.g. via contact form, e-mail, telephone or via social media) your information will be processed in order to process the contact request. The processing of your information, including your personal data, takes place in all cases of contact only for processing your request. Your information can be stored and processed in a Customer Relationship Management System ("CRM System") or a comparable system.

Legal basis for the processing of the Data of your contacting is Article 6 (1) lit. f GDPR. Insofar as the contact with us is intended to conclude a contract or its fulfillment, legal basis for the processing of your Data is also Article 6 (1) lit. b GDPR.

Your request will be erased as soon as it becomes clear from the circumstances that the respective request has been finally clarified and furthermore that we not obligated to a longer storage according to legal or contractual retention periods.

X. Data processing when using the CYBEROBICS’ Service

1. User login

In some parts of our website we collect personal data for the registration and use of CYBEROBICS’ Service.

For the agreement of a contract on the use of the service CYBEROBCIS with us, these data are required for the establishment, implementation or termination of the contract between CYBEROBICS and you and are used exclusively for this purpose; the following data are collected when the contract is concluded:

• E-mail address

• Password

• Last name, First Name

Also note the privacy notice of our service provider Cleeng, which you can find at: http://cleeng.com/privacy.

We collect and use all aforementioned Data in order to identify you and then conclude a contract with you. We transmit your Data into our CRM System and process and use them ourselves or by service-bound service providers exclusively for the establishment, implementation and termination of your contract. We use your contact information exclusively to be able to reach you because of the conclusion, fulfillment or termination of the contract, unless you have given us a separate consent for further use for marketing purposes. We erase your Data after termination and processing of your contract and expiration of the legal or contractual retention periods, unless you have given us a separate consent for further processing and use.

The legal basis for processing the data is Article 6 (1) point b GDPR, as the registration and the collection of the further data is required for the fulfillment of a contract of which the user is a party or the implementation of pre-contractual measures.

2. Use of the CYBEROBICS App

We provide the service via the website as well as via a mobile app (“CYBEROBICS APP”). If you want to use the service through the mobile app, you shall either register with the iTunes Store or the Google Play Store (hereinafter also: App Store Operator), purchase the mobile app and use the service within the app at the respective App Store Operator. For this you must have specified there your personal data such as name, e-mail address, etc. These data are partly forwarded to us by the App Store Operator. We collect and store this data because it is necessary for the contract to be carried out.

The legal basis for processing the data is Article 6 (1) point b GDPR, as the registration and the collection of the further data is required for the fulfillment of a contract of which the user is a party or the implementation of pre-contractual measures.

3. Scope of data collection when using the service of CYBEROBICS’ Service

When using the CYBEROBICS’ Service, we collect, process and use Data relating to you and your use of our Service, as well as data about the device (e.g. computer, mobile device) with which you use our service. These Data are collected and processed and used by us or instruction-bound service providers to verify your right to use the respective retrieved part of the service and to optimize and tune the retrieved part of the service to you or the device you use. This includes the following Data:

• Device IDs or other unique device identifiers,

• IP address,

• Universally Unique Identifier (UUID),

• Device properties (device type, device version, device number),

• Software properties (operating system version, browser version, screen resolution, if necessary app version),

• connection information (transmission speed),

• Video and page views

In addition, the Data will be used anonymously to improve the service.

The legal basis for processing the data is Article 6 (1) point b GDPR, as the registration and the collection of the further data is required for the fulfillment of a contract of which the user is a party or the implementation of pre-contractual measures.

XI. payment processing

If you have closed your contract regarding the use of CYBEROBICS’ Service via the website app.cyberobics.com, the payments are handled by Cleeng B.V., Reimersbeek 14, 1082 AG, Amsterdam, Netherlands (hereinafter: Cleeng).

For this purpose, Cleeng collects and stores inter alia your name and address, the used payment method and the invoice amount. Cleeng may use this information for the purpose of payment processing and transmit it on to us. The legal basis for processing the data is Article 6 (1) point b GDPR, as the registration and the collection of the Data in the context of the conclusion serves the fulfillment of a contract.

We have signed a data processing agreement with Cleeng. Cleeng is obliged to handle the information in accordance with the GDPR.

You can find the privacy policy of Cleeng B.V. at www.cleeng.com/privacy.

XII. Your rights

We would like to inform you about your rights regarding the processing of your data. If you want to use one of these rights, you can send a simple message to us. You can use the following contact details for this without incurring any costs other than the base rate transmission costs:

Via regular mail: CYBEROBICS GmbH, Saarbrücker Strasse 38, 10405 Berlin, Germany or

Via E-mail: datenschutz@cyberobics.com

For your own protection, we reserve the right to obtain further information confirming your identity. If we are unable to identify you, we will reject to process the request. You have the

• Right to information about personal data we process concerning you (Article 15 GDPR)

• Right to rectification without undue delay of inaccurate personal data we process concerning you (Article 16 GDPR)

• Right to erasure of personal data we process concerning you (Article 17 GDPR)

• Right to restriction of processing of personal data we process concerning you (Article 18 GDPR)

• Right to data portability (Article 20 GDPR)

• Right to object to particular data processing measures (Article 21 GDPR)

• Right to lodge a complaint with a supervisory authority (Article 77 GDPR), if you consider that the processing of your personal data infringes existing data protection regulations, you can lodge a complaint with a supervisory authority without prejudice to any other legal remedies. In particular, you can lodge the complaint with a supervisory authority in the Member State of your habitual residence, your place of work or the location of the alleged infringement.

XIII. Amendment of our data protection declaration

We reserve the right to amend this data protection declaration at any time to ensure that it complies with current legal requirements or to implement changes to our services in the data protection declaration, e.g. if we change our Online Offer or introduce other services. In this case the new data protection declaration shall apply to your next visit of our Online Offer.

Last updated: 12/12/2019