Privacy policy

Privacy policy
(Version 1.0 - 01 July 2020)
Translated - original version available in
german

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

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

I. Responsible party:

Kurabu GmbH
Torstrasse 117
10119 Berlin
Germany

Further information about the Kurabu GmbH (hereinafter: "Kurabu") can be found in the imprint.

Kurabu has appointed a data protection officer, who can be reached at datenschutz@kurabu.com.

II. Purpose of the data processing and legal basis

We process your data by the provisions of the EU Data Protection Basic Regulation (DSGVO) and the Federal Data Protection Act (BDSG):

- To fulfill contractual obligations (Art. 6 para. 1 b DSGVO)

Personal data is processed to provide our services on our website, the web app, or in the app within the scope of our contractual relationship with you or to carry out pre-contractual measures that are carried out at your request. Pre-contractual measures usually include the provision of personal data by you, which we need to incorporate into our services. For this purpose, a separate contract for data processing will be concluded by Art. 28 DSGVO.

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

- Agreement (Art. 6 para. 1 a DSGVO)

We process your data based on your consent. You can revoke your consent at any time, the revocation is only effective for the future. Processing operations to which you have consented before your revocation are not affected. You can request information at any time about the consents you have given us. 

- Consideration of interests (Art. 6 para. 1 f DSGVO)

As far as necessary, we process your data beyond the actual fulfillment of the contract to protect legitimate interests of us or third parties. Examples:The assertion of legal claims and defense in legal disputesEnsuring IT security and IT operationMeasures for business management and further development of services and products

- Compliance with legal obligation (Article 6(1)(c))

Kurabu is subject to legal obligations, which we must comply with. This concerns in particular data processing that is justified by commercial and tax law (see also section IX). The purpose of the processing in this respect is to fulfill the requirements of a prudent businessman in the sense of the German Commercial Code (HGB) and the corresponding bookkeeping as well as fiscal control and reporting obligations according to the German Fiscal Code (AO).

III. Data processing within the context of our website

1. Cookies

We use "cookies" to collect information about you and your activities on our website. A cookie is a small element of data that our website stores on your computer and that we access each time you visit so that we can understand how you use our website. This helps us to provide you with content based on the preferences you have indicated. You can find more information about our cookie policy.

2. Google Maps 

We use on our website the function for embedding GoogleMaps maps from Google LLC (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; "Google"). If you are habitually resident in the European Economic Area or Switzerland, Google Ireland Limited (Gordon House, Barrow Street, Dublin 4, Ireland) is the data controller. Google Ireland Limited is therefore the company affiliated with Google which is responsible for processing your data and for ensuring compliance with the applicable data protection laws. The feature allows the visual display of geographical information and interactive maps. Google also collects, processes, and uses data from visitors to the website when they call up the pages in which Google Maps maps are integrated. Your data may also be transferred to the USA. Google has certified itself by the US-EU data protection agreement "Privacy Shield" and has thus committed itself to comply with the European data protection guidelines.
Further information on the collection and use of data by Google can be found in Google's privacy policy at https://www.google.com/privacypolicy.html. There you can also change your settings in the Privacy Center so that you can manage and protect the data processed by Google.

IV. Data processing within the context of the web app and app

As part of the provision of our services, we require certain personal data from you as our customer and contractual partner, such as: 

- Membership information (name, address, gender, date of birth, membership number, memberships, group details, phone number, and email address);
- Payment information (payment method and billing information such as the amount billed, billing date and billing period);
- QR Code Checkin (optional) - where a club can download a QR Code via Kurabu. Members of the club can take a picture of the QR Code via the app. The member can then track his check-ins. The club can see which team has checked in at which time and on which layout. The club can also view the member profiles of the people who have checked in at the club's site. These data can only be viewed by the club, not by Kurabu. The use of the QR Code Checkin is voluntary.

Furthermore, your club can write notes in the web app, which may contain personal data. The club determines the content of these notes. Kurabu does not see your notes.

V. E-Mail-Newsletter  

With our e-mail newsletter, we inform you about our offers. If you would like to receive the e-mail newsletter, we need an e-mail address from you. Our newsletter will only be sent to you if you expressly agree to this within the scope of your registration. We will check whether you are the owner of the given e-mail address or whether the owner agrees to receive the e-mail newsletter (so-called Double-Opt-In). You can revoke your consent at any time without affecting the legality of the processing that has taken place based on the consent until the revocation. You can unsubscribe from the newsletter at any time using the corresponding link in the newsletter or by informing us. Your e-mail address will then be removed from the distribution list. Your data will be passed on to a service provider for e-mail marketing within the scope of order processing. Your data will not be passed on to other third parties. The service provider we use to send you the newsletter is Mailchimp (The Rocket Science Group, LLC 675 Ponce de Leon Ave NE, Suite 5000 Atlanta, GA 30308, USA; "Mailchimp"). The sending of the newsletter is subject to your prior consent, which can be revoked at any time, by Art. 6 para. 1 lit. a DSGVO. Your data will be transferred to a third country for which an adequacy decision of the European Commission according to Art. 45 DSGVO exists. You can find further information under https://mailchimp.com/de/help/about-mailchimp-the-eu-swiss-privacy-shield-and-the-gdpr/.

VII. Transfer of personal data abroad

If Kurabu transfers personal data to countries outside the scope of the DSGVO, Kurabu will ensure that the recipient of the data guarantees an appropriate level of data protection. For transfers to the USA, Kurabu will, to ensure an adequate level of protection, either use service providers for which an adequacy finding has been issued by the European Commission (see, for example, for Google in Section III and Mailchimp Section V) or conclude the current version of the model contracts of the European Union for the transfer of data to other EU countries with the recipients.

VIII. Your rights and the control of your personal data

If the legal requirements are met, you are entitled to the following rights by Art. 15 to 20 DSGVO: the right to information, correction, deletion, restriction of processing, and data transferability. Furthermore, according to Art. 21 para. 1 DSGVO you have the right to object to the processing of data based on Art. 6 para. 1 f DSGVO as well as to the processing for direct advertising.

Please address your requests in text form:

Kurabu UG (haftungsbeschränkt)
Data protection officer
Torstrasse 117
10119 Berlin
E-Mail: datenschutz@kurabu.com

There is also a right of appeal to a data protection supervisory authority (Article 77 DSGVO in conjunction with Section 19 BDSG).

IX. Business transfers

If we or our assets are acquired, or in the unlikely event that we cease trading or go bankrupt, we would include information about the assets that will be transferred to all parties acquiring us. You acknowledge that such transfers may take place and that all parties acquiring us may continue to process your Personal Information by this Policy.

X. Storage of your personal data

In principle, we process your data only as long as it is necessary for the provision of our services and thus for the fulfillment of our contract with you. Furthermore, we process personal data within the scope of our legal obligations. This means that if the data is no longer necessary for the fulfillment of contractual or legal obligations, it is regularly deleted. Temporary processing may be necessary for the following purposes:

- Fulfillment of commercial and tax law retention periods, which result from the following laws: Commercial Code, Tax Code. The periods of retention or documentation specified there are two to ten years;

- Preservation of evidence under the rules of prescription and limitation. According to §§ 195 et seq. of the German Civil Code (BGB), these limitation periods can be up to 30 years, whereby the regular limitation period is three years. The legal basis for this arises from Art. 17 para. 3 e DSGVO, Art. 6 para. 1 f DSGVO. 

XI. Changes to this Directive

We may change our privacy policy at our discretion to reflect current acceptable practices. Your continued use of this website following any change to this policy will be deemed acceptance of our privacy and personal information practices. If we make a material change to this Privacy Policy, such as a change in the legal basis on which we process your personal information, we will notify you and allow you to review the material changes.
  

Cookie policy(Version 1.0 - 01. July 2020) 

I. About cookies used by Kurabu

What are cookies? A cookie is a method by which we remember something about you as a customer of Kurabu. Cookies are small text modules with information that is stored on your end device. Cookies allow website operators like us to provide you with the best possible user experience on our website. Without cookies, the use of our website may be restricted, because without cookies it would lose its data memory. However, by deleting your cookies you can also ensure that you cannot be traced. So you can decide for yourself how we may handle your data. All cookies listed below will only be processed if you give us your consent by Art. 6 Para. 1 lit. a DSGVO. You give us your consent via the cookie banner on our website, which is displayed the first time you visit or after deleting your cookies. To withdraw your consent, please read Section III.

II. The cookies used by Kurabu

1. Necessary data for the operation of the website 

Our website is static, i.e. we do not process any personal data of yours, such as IP address or browser data, which are necessary for the operation of dynamic websites. 

2. Google Analytics 

We use the web analysis service Google Analytics of Google LLC on our website. (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; "Google"). If you have your habitual residence in the European Economic Area or Switzerland, Google Ireland Limited (Gordon House, Barrow Street, Dublin 4, Ireland) is the party responsible for your data. Google Ireland Limited is therefore the company affiliated with Google which is responsible for processing your data and for ensuring compliance with the applicable data protection laws. The data processing serves the purpose of analyzing our website and its visitors. To this end, Google will use the information obtained on behalf of the operator of this website to evaluate your use of our website, to compile reports on website activity and to provide Kurabu with other services related to website and internet use. The IP address transmitted by your browser within the framework of Google Analytics is not merged with other data from Google. Google Analytics uses cookies that enable an analysis of your use of the website. The information generated by the cookies about your use of this website is usually transferred to a Google server in the USA and stored there. IP anonymization is activated on this website. As a result, your IP address will be shortened by Google within member states of the European Union or in other signatory states of the Agreement on the European Economic Area before. Only in exceptional cases will the full IP address be transferred to a Google server in the USA and shortened there. Google has certified itself under the US-EU Privacy Shield Agreement and is thus committed to complying with the European data protection guidelines. You can prevent the collection of the data generated by the cookie and related to your use of the website (including your IP address) to Google and the processing of this data by Google by downloading and installing the browser plug-in available at the following link [https://tools.google.com/dlpage/gaoptout?hl=de]. To prevent data collection and storage by Google Analytics across devices, you can set an opt-out cookie. Opt-out cookies prevent future collection of your information when you visit this website. You must opt-out on all systems and devices for this to be fully effective. If you delete the opt-out cookie, requests will be sent back to Google. For more information on terms of use and privacy, please visit https://www.google.com/analytics/terms/de.html or https://www.google.de/intl/de/policies/.

3. Google Ads Conversion-Tracking 

We use the online advertising program "Google Ads" on our website and in this context conversion tracking (visitor action evaluation). Google Conversion Tracking is an analysis service of Google LLC (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; "Google"). Insofar as you have your habitual residence in the European Economic Area or Switzerland, Google Ireland Limited (Gordon House, Barrow Street, Dublin 4, Ireland) is the person responsible for your data. Google Ireland Limited is therefore the company affiliated with Google which is responsible for processing your data and for ensuring compliance with the applicable data protection laws. When you click on an ad placed by Google, a conversion tracking cookie is placed on your computer. These cookies have limited validity, do not contain any personal information, and are therefore not used to personally identify you. If you visit certain pages on our site and the cookie hasn't expired, Google and we can tell that you clicked on the ad and were redirected to that page. Each Google Ads customer receives a different cookie. As a result, there is no way that cookies can be tracked across the sites of ads customers. The information collected using the conversion cookie is used to compile conversion statistics. This tells us the total number of users who have clicked on one of our ads and been redirected to a page with a conversion tracking tag. However, we do not receive information that personally identifies users. Your information may be transferred to the USA. Google has certified itself under the US-EU Privacy Shield Agreement and is committed to complying with the European Privacy Directives. You can disable personalized advertising for you in Google's advertising settings. You can find instructions on how to do this at https://support.google.com/ads/answer/2662922?hl=de. Alternatively, you can prevent the use of cookies by third parties by visiting the Network Advertising Initiative opt-out page at https://www.networkadvertising.org/choices/ and following the opt-out instructions provided there. You will not be included in the conversion tracking statistics. For more information and Google's privacy policy, please visit: https://www.google.de/policies/privacy/

4. Heap

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

5. HubSpot 

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

6. Facebook 

We use cookies in the form of pixels to optimize our campaigns and to present Facebook users with appropriate advertising. For this, we use the Facebook pixel of Facebook Ireland Ltd. (4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland, "Facebook") The pixel is embedded in the code of our website and helps us to present visitors of our website with advertisements on Facebook and to recommend our services to them based on their activity. A timestamp and the URL are processed. We also use the pixel to measure the results of our marketing campaigns. By using these pixels, we can determine how many people become active on our website through our Facebook campaigns. You can find more information on Facebook's privacy policy at https://www.facebook.com/policies/cookies/ and more information about the pixel itself at https://www.facebook.com/business/help/742478679120153?id=1205376682832142.

III. Cancellation of your consentYou give us your consent via the cookie banner on our website, which is displayed the first time you visit or after deleting your cookies. You can withdraw your consent by deleting your cookies in your browser. By Art. 7 para. 3 sentence 2 DSGVO, the revocation does not apply to consents granted before revocation, but only to future data processing.