Logo of the Flourish Club

Privacy policy

1) Introduction and contact details of the responsible person

1.1 We are pleased that you are visiting our website and thank you for your interest. In the following, we inform you about the handling of your personal data when using our website. Personal data is any data that can be used to identify you personally.

1.2 The controller of data processing on this website within the meaning of the General Data Protection Regulation (GDPR) is Robert Bree, c/o Thinknewgroup, Lindwurmstr. 71, 80337 Munich, Germany, Tel.: 08920318399, e-mail: info@rb-kommunikation.de. The controller is the natural or legal person who alone or jointly with others determines the purposes and means of the processing of personal data.

2) Data collection when visiting our website

2.1 During the mere informational use of our website, i.e. if you do not register or otherwise transmit information to us, we only collect data that your browser transmits to the page server (so-called “server log files”). When you call up our website, we collect the following data, which is technically necessary for us to display the website to you:

  • Our visited website
  • Date and time at the time of access
  • Amount of data sent in bytes
  • Source/reference from which you reached the page
  • Browser used
  • Operating system used
  • IP address used (if applicable: in anonymized form)

The processing is carried out in accordance with Art. 6 para. 1 lit. f DSGVO on the basis of our legitimate interest in improving the stability and functionality of our website. A transfer or other use of the data does not take place. However, we reserve the right to check the server log files retrospectively if there are concrete indications of illegal use.

2.2 This website uses SSL or TLS encryption for security reasons and to protect the transmission of personal data and other confidential content (e.g. orders or inquiries to the person responsible). You can recognize an encrypted connection by the string “https://” and the lock symbol in your browser line.

3) Cookies

In order to make visiting our website more attractive and to enable the use of certain functions, we use cookies, i.e. small text files that are stored on your end device. In some cases, these cookies are automatically deleted again after closing the browser (so-called “session cookies”), in other cases, these cookies remain on your end device for longer and allow page settings to be saved (so-called “persistent cookies”). In the latter case, you can find the storage period in the overview of the cookie settings of your web browser.

If personal data is also processed by individual cookies used by us, the processing is carried out in accordance with Art. 6 para. 1 lit. b DSGVO either for the performance of the contract, in accordance with Art. 6 para. 1 lit. a DSGVO in the case of consent given, or in accordance with Art. 6 para. 1 lit. f DSGVO to protect our legitimate interests in the best possible functionality of the website and a customer-friendly and effective design of the page visit.

You can set your browser in such a way that you are informed about the setting of cookies and can decide individually about their acceptance or exclude the acceptance of cookies for certain cases or in general.

Please note that if you do not accept cookies, the functionality of our website may be limited.

4) Contacting

When contacting us (e.g. via contact form or e-mail), personal data is processed – exclusively for the purpose of processing and responding to your request and only to the extent necessary for this purpose.

The legal basis for the processing of this data is our legitimate interest in responding to your request pursuant to Art. 6 (1) lit. f DSGVO. If your contact is aimed at a contract, the additional legal basis for the processing is Art. 6 (1) lit. b DSGVO. Your data will be deleted when the circumstances indicate that the matter in question has been conclusively clarified and provided that there are no statutory retention obligations to the contrary.

4.1 Calendly  

We use the services of the following provider to provide an online appointment booking function: Calendly, LLC, BB&T Tower, 271 17th St NW, Atlanta, GA 30363, USA
For the purpose of making appointments, first and last name and email address (and telephone number if a telephone appointment is requested) are collected in accordance with Art. 6 para. 1 lit. b GDPR and transmitted to the provider in accordance with Art. 6 para. 1 lit. f GDPR on the basis of our legitimate interest in effective customer management and efficient appointment management and stored there for the purpose of organising appointments.
After the appointment has been held or the agreed appointment period has expired, your data will be deleted by the provider.
We have concluded an order processing contract with the provider that ensures the protection of our website visitors’ data and prohibits unauthorised disclosure to third parties.
For the transfer of data to the USA, the provider refers to standard contractual clauses of the European Commission, which are intended to ensure compliance with the European level of data protection.

4.2 When you contact us (e.g. via contact form or email), personal data is processed exclusively for the purpose of processing and responding to your enquiry and only to the extent necessary for this purpose.

The legal basis for the processing of this data is our legitimate interest in responding to your request in accordance with Art. 6 para. 1 lit. f GDPR. If your contact is aimed at a contract, the additional legal basis for the processing is Art. 6 para. 1 lit. b GDPR. Your data will be deleted if it can be inferred from the circumstances that the matter in question has been conclusively clarified and provided that there are no statutory retention obligations to the contrary.

5) Use of customer data for direct marketing purposes

5.1 Subscription to our e-mail newsletter

If you subscribe to our e-mail newsletter, we will send you information about our offers on a regular basis. Mandatory information for sending the newsletter is only your e-mail address. The provision of further data is voluntary and will be used to address you personally. For sending the newsletter, we use the so-called double opt-in procedure, which ensures that you will only receive newsletters if you have expressly confirmed your consent to receive the newsletter by clicking on a verification link sent to the specified e-mail address.

By activating the confirmation link, you give us your consent for the use of your personal data in accordance with Art. 6 para. 1 lit. a DSGVO. In doing so, we store your IP address entered by the Internet service provider (ISP) as well as the date and time of registration in order to be able to track any possible misuse of your e-mail address at a later date. The data we collect when you register for the newsletter is used strictly for the intended purpose.

You can unsubscribe from the newsletter at any time via the link provided for this purpose in the newsletter or by sending a corresponding message to the responsible person named at the beginning. After unsubscribing, your e-mail address will be deleted from our newsletter distribution list immediately, unless you have expressly consented to further use of your data or we reserve the right to use your data for any other purpose that is permitted by law and about which we inform you in this declaration.

5.2 MailerLite

Our e-mail newsletters are sent via this provider: UAB “MailerLite”, J. Basanavičiaus 15, LT-03108 Vilnius, Lithuania

On the basis of our legitimate interest in effective and user-friendly newsletter marketing, we pass on the data you provided when registering for the newsletter to this provider in accordance with Art. 6 Para. 1 lit. f DSGVO so that they can take over the newsletter dispatch on our behalf.

Subject to your express consent pursuant to Art. 6 (1) lit. a DSGVO, the provider also conducts a statistical evaluation of the success of newsletter campaigns by means of web beacons or tracking pixels in the emails sent, which can measure opening rates and specific interactions with the contents of the newsletter. In the process, end device information (e.g. time of call, IP address, browser type and operating system) is also collected and evaluated, but not merged with other data sets.
You can revoke your consent to newsletter tracking at any time with effect for the future.

We have concluded an order processing agreement with the provider, which protects the data of our site visitors and prohibits disclosure to third parties.

6) Data processing for order processing

Payments are processed and digital products are delivered via namotto. You can find namotto’s privacy policy here.

namotto is a service of:
namotto academies and friends GmbH & CoKG
Kurfürstendamm 208
10719 Berlin

We have concluded a corresponding contract with namotto as our processor in accordance with Art. 28 DSGVO. The legal basis for the processing of personal data when forwarding from our website to the sales page via elopage results in this case from Art. 6 para. 1 p. 1 lit. b).

7) Page functionalities

7.1 Vimeo
This website uses plugins to display and play videos from the following provider: Vimeo, LLC, 555 West 18th Street, New York, New York 10011, USA
When you access a page on our website that contains such a plugin, your browser establishes a direct connection to the provider’s servers in order to load the plugin. Certain information, including your IP address, is transmitted to the provider.
If playback of embedded videos is started via the plugin, the provider also uses cookies to collect information about user behaviour, compile playback statistics and prevent abusive behaviour.

If you are logged into a user account with the provider during your visit to the site, your data will be assigned directly to your account when you click on a video. If you do not wish your data to be associated with your account, you must log out before clicking the play button.

All of the aforementioned processing, in particular the setting of cookies for reading information on the end device used, will only take place if you have given us your express consent to do so in accordance with Art. 6 para. 1 lit. a GDPR. You can revoke your consent at any time with effect for the future by deactivating this service via the “cookie consent tool” provided on the website.
For the transfer of data to the USA, the provider relies on standard contractual clauses of the European Commission, which are intended to ensure compliance with the European level of data protection.

7.2 Zoom

We use this provider to conduct online meetings, video conferences and/or webinars: Zoom Video Communications Inc, 55 Almaden Blvd, Suite 600, San Jose, CA 95113, USA.

The provider processes different data, whereby the scope of the processed data depends on the data you provide before or during participation in an online meeting, video conference or webinar. Your data as a communication participant is processed and stored on servers of the provider. In particular, this may be your login data (name, e-mail address, telephone number (optional) and password) and session data (subject, participant IP address, device information, description (optional)).

In addition, image and sound contributions of the participants as well as voice inputs in chats may be processed.
For the processing of personal data that is necessary for the performance of a contract with you (this also applies to processing operations that are necessary for the implementation of pre-contractual measures), Art. 6 (1) lit. b DSGVO serves as the legal basis. If you have given us consent to process your data, the processing is based on Art. 6 (1) a DSGVO. You can revoke your consent at any time with effect for the future.
Otherwise, the legal basis for data processing when conducting online meetings, videoconferences or webinars is our legitimate interest pursuant to Art. 6 (1) lit. f DSGVO in the effective conduct of the online meeting, webinar or videoconference.

We have concluded an order processing agreement with the provider, which ensures the protection of our site visitors’ data and prohibits unauthorized disclosure to third parties.

For the transfer of data to the USA, the provider invokes standard contractual clauses of the European Commission, which are intended to ensure compliance with the European level of data protection.

8) Tools and other

Cookie Consent Tool

This website uses a cookie consent tool to obtain effective user consent for cookies and cookie-based applications that require consent. The “cookie consent tool” is displayed to users in the form of an interactive user interface when they access the page, on which consent for certain cookies and/or cookie-based applications can be given by ticking the appropriate box. By using the tool, all cookies/services requiring consent are only loaded if the respective user grants the corresponding consent by setting a check mark. This ensures that such cookies are only set on the respective user’s end device if consent has been granted.

The tool sets technically necessary cookies to save your cookie preferences. Personal user data is not processed in this process.

If, in individual cases, personal data (such as the IP address) is processed for the purpose of storing, assigning or logging cookie settings, this is done in accordance with Art. 6 (1) f DSGVO on the basis of our legitimate interest in legally compliant, user-specific and user-friendly consent management for cookies and thus in a legally compliant design of our website.

Further legal basis for the processing is Art. 6 para. 1 lit. c DSGVO. As the responsible party, we are subject to the legal obligation to make the use of technically unnecessary cookies dependent on the respective user consent.

Where necessary, we have concluded an order processing agreement with the provider, which ensures the protection of our site visitors’ data and prohibits unauthorized disclosure to third parties.

You can find more information about the operator and the setting options of the cookie consent tool directly in the corresponding user interface on our website.

9) Rights of the data subject

10.1 The applicable data protection law grants you the following data subject rights (rights of information and intervention) vis-à-vis the controller with regard to the processing of your personal data, whereby reference is made to the stated legal basis for the respective exercise prerequisites:

  • Right to information according to Art. 15 DSGVO;
  • Right to rectification pursuant to Art. 16 DSGVO;
  • Right to erasure pursuant to Art. 17 DSGVO;
  • Right to restriction of processing pursuant to Art. 18 DSGVO;
  • Right to information pursuant to Art. 19 GDPR;
  • Right to data portability according to Art. 20 DSGVO;
  • Right to revoke consent given in accordance with Art. 7 (3) DSGVO;
  • Right to lodge a complaint pursuant to Art. 77 GDPR.

9.2 RIGHT OF OBJECTION

IF WE PROCESS YOUR PERSONAL DATA IN THE CONTEXT OF A BALANCING OF INTERESTS ON THE BASIS OF OUR OVERRIDING LEGITIMATE INTEREST, YOU HAVE THE RIGHT TO OBJECT TO THIS PROCESSING WITH EFFECT FOR THE FUTURE AT ANY TIME ON GROUNDS ARISING FROM YOUR PARTICULAR SITUATION.

IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING THE DATA CONCERNED. HOWEVER, WE RESERVE THE RIGHT TO CONTINUE PROCESSING IF WE CAN DEMONSTRATE COMPELLING LEGITIMATE GROUNDS FOR THE PROCESSING THAT OVERRIDE YOUR INTERESTS, FUNDAMENTAL RIGHTS AND FREEDOMS, OR IF THE PROCESSING IS FOR THE PURPOSE OF ASSERTING, EXERCISING OR DEFENDING LEGAL CLAIMS.

IF WE PROCESS YOUR PERSONAL DATA FOR THE PURPOSE OF DIRECT MARKETING, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF YOUR PERSONAL DATA FOR THE PURPOSE OF SUCH MARKETING. YOU MAY EXERCISE THE OBJECTION AS DESCRIBED ABOVE.

IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING THE DATA CONCERNED FOR DIRECT MARKETING PURPOSES.

10) Duration of the storage of personal data

The duration of the storage of personal data is determined on the basis of the respective legal basis, the purpose of processing and – if relevant – additionally on the basis of the respective statutory retention period (e.g. retention periods under commercial and tax law).

When processing personal data on the basis of explicit consent pursuant to Art. 6 (1) a DSGVO, the data concerned will be stored until you revoke your consent.

If there are statutory retention periods for data that is processed within the scope of legal or quasi-legal obligations on the basis of Art. 6 Para. 1 lit. b DSGVO, this data will be routinely deleted after expiry of the retention periods, insofar as it is no longer required for the fulfillment or initiation of the contract and/or there is no continued legitimate interest on our part in further storage.

When processing personal data on the basis of Art. 6(1)(f) DSGVO, this data will be stored until you exercise your right to object pursuant to Art. 21(1) DSGVO, unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims.

When processing personal data for the purpose of direct marketing based on Art. 6 (1) lit. f DSGVO, this data will be stored until you exercise your right to object according to Art. 21 (2) DSGVO.

Unless otherwise stated in the other information in this statement about specific processing situations, stored personal data will otherwise be deleted when it is no longer necessary for the purposes for which it was collected or otherwise processed.

 

Vertreten durch die IT-Recht Kanzlei