REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation)

Personal data (usually referred to just as „data“ below) will only be processed by us to the extent necessary and for the purpose of providing a functional and user-friendly website, including its contents, and the services offered there.

Per Art. 4 No. 1 of Regulation (EU) 2016/679, i.e. the General Data Protection Regulation (hereinafter referred to as the „GDPR“), „processing“ refers to any operation or set of operations such as collection, recording, organisation, structuring, storage, adaptation, alteration, retrieval, consultation, use, disclosure by transmission, dissemination, or otherwise making available, alignment, or combination, restriction, erasure, or destruction performed on personal data, whether by automated means or not.

The following privacy policy is intended to inform you in particular about the type, scope, purpose, duration, and legal basis for the processing of such data either under our own control or in conjunction with others. We also inform you below about the third-party components we use to optimise our website and improve the user experience which may result in said third parties also processing data they collect and control.

Our privacy policy is structured as follows:

I. Information about us as controllers of your data

1. The rights of users and data subjects
2. Information about the data processing

I. Information about us as controllers of your data

The party responsible for this website (the „controller“) for purposes of data protection law is:

Unmatchd GmbH

Würthgasse 10

1190 Wien

Austria

Telefon: Upon request

E-Mail: hello@unmatchdswim.com

II. The rights of users and data subjects

With regard to the data processing to be described in more detail below, users and data subjects have the right

• to confirmation of whether data concerning them is being processed, information about the data being processed, further information about the nature of the data processing, and copies of the data (cf. also Art. 15 GDPR);
• to correct or complete incorrect or incomplete data (cf. also Art. 16 GDPR);
• to the immediate deletion of data concerning them (cf. also Art. 17 DSGVO), or, alternatively, if further processing is necessary as stipulated in Art. 17 Para. 3 GDPR, to restrict said processing per Art. 18 GDPR;
• to receive copies of the data concerning them and/or provided by them and to have the same transmitted to other providers/controllers (cf. also Art. 20 GDPR);
• to file complaints with the supervisory authority if they believe that data concerning them is being processed by the controller in breach of data protection provisions (see also Art. 77 GDPR).

In addition, the controller is obliged to inform all recipients to whom it discloses data of any such corrections, deletions, or restrictions placed on processing the same per Art. 16, 17 Para. 1, 18 GDPR. However, this obligation does not apply if such notification is impossible or involves a disproportionate effort. Nevertheless, users have a right to information about these recipients.

Likewise, under Art. 21 GDPR, users and data subjects have the right to object to the controller’s future processing of their data pursuant to Art. 6 Para. 1 lit. f) GDPR. In particular, an objection to data processing for the purpose of direct advertising is permissible.

III. Information about the data processing

Your data processed when using our website will be deleted or blocked as soon as the purpose for its storage ceases to apply, provided the deletion of the same is not in breach of any statutory storage obligations or unless otherwise stipulated below.

Cookies

a) Session cookies

We use cookies on our website. Cookies are small text files or other storage technologies stored on your computer by your browser. These cookies process certain specific information about you, such as your browser, location data, or IP address.

This processing makes our website more user-friendly, efficient, and secure, allowing us, for example, to display our website in different languages or to offer a shopping cart function.

The legal basis for such processing is Art. 6 Para. 1 lit. b) GDPR, insofar as these cookies are used to collect data to initiate or process contractual relationships.

If the processing does not serve to initiate or process a contract, our legitimate interest lies in improving the functionality of our website. The legal basis is then Art. 6 Para. 1 lit. f) GDPR.

When you close your browser, these session cookies are deleted.

b) Third-party cookies

If necessary, our website may also use cookies from companies with whom we cooperate for the purpose of advertising, analysing, or improving the features of our website.

Please refer to the following information for details, in particular for the legal basis and purpose of such third-party collection and processing of data collected through cookies.

c) Disabling cookies

You can refuse the use of cookies by changing the settings on your browser. Likewise, you can use the browser to delete cookies that have already been stored. However, the steps and measures required vary, depending on the browser you use. If you have any questions, please use the help function or consult the documentation for your browser or contact its maker for support. Browser settings cannot prevent so-called flash cookies from being set. Instead, you will need to change the setting of your Flash player. The steps and measures required for this also depend on the Flash player you are using. If you have any questions, please use the help function or consult the documentation for your Flash player or contact its maker for support.

If you prevent or restrict the installation of cookies, not all of the functions on our site may be fully usable.

Contact

If you contact us via email or the contact form, the data you provide will be used for the purpose of processing your request. We must have this data in order to process and answer your inquiry; otherwise we will not be able to answer it in full or at all.

The legal basis for this data processing is Art. 6 Para. 1 lit. b) GDPR.

Your data will be deleted once we have fully answered your inquiry and there is no further legal obligation to store your data, such as if an order or contract resulted therefrom.

Newsletter

If you register for our free newsletter, the data requested from you for this purpose, i.e. your email address and, optionally, your name and address, will be sent to us. We also store the IP address of your computer and the date and time of your registration. During the registration process, we will obtain your consent to receive this newsletter and the type of content it will offer, with reference made to this privacy policy. The data collected will be used exclusively to send the newsletter and will not be passed on to third parties.

The legal basis for this is Art. 6 Para. 1 lit. a) GDPR.

You may revoke your prior consent to receive this newsletter under Art. 7 Para. 3 GDPR with future effect. All you have to do is inform us that you are revoking your consent or click on the unsubscribe link contained in each newsletter.

Server data

For technical reasons, the following data sent by your internet browser to us or to our server provider will be collected, especially to ensure a secure and stable website: These server log files record the type and version of your browser, operating system, the website from which you came (referrer URL), the webpages on our site visited, the date and time of your visit, as well as the IP address from which you visited our site.

The data thus collected will be temporarily stored, but not in association with any other of your data.

The basis for this storage is Art. 6 Para. 1 lit. f) GDPR. Our legitimate interest lies in the improvement, stability, functionality, and security of our website.

The data will be deleted within no more than seven days, unless continued storage is required for evidentiary purposes. In which case, all or part of the data will be excluded from deletion until the investigation of the relevant incident is finally resolved.

Order processing

The data you submit when ordering goods and/or services from us will have to be processed in order to fulfil your order. Please note that orders cannot be processed without providing this data.

The legal basis for this processing is Art. 6 Para. 1 lit. b) GDPR.

After your order has been completed, your personal data will be deleted, but only after the retention periods required by tax and commercial law.

In order to process your order, we will share your data with the shipping company responsible for delivery to the extent required to deliver your order and/or with the payment service provider to the extent required to process your payment.

The legal basis for the transfer of this data is Art. 6 Para. 1 lit. b) GDPR.

Facebook

To advertise our products and services as well as to communicate with interested parties or customers, we have a presence on the Facebook platform.

On this social media platform, we are jointly responsible with Meta Platforms Ireland Limited, 4 Grand Canal Square, Dublin 2, Irland.

The data protection officer of Facebook can be reached via this contact form:

https://www.facebook.com/help/contact/540977946302970

We have defined the joint responsibility in an agreement regarding the respective obligations within the meaning of the GDPR. This agreement, which sets out the reciprocal obligations, is available at the following link:

https://www.facebook.com/legal/terms/page_controller_addendum

The legal basis for the processing of the resulting and subsequently disclosed personal data is Art. 6 para. 1 lit. f GDPR. Our legitimate interest lies in the analysis, communication, sales, and promotion of our products and services.

The legal basis may also be your consent per Art. 6 para. 1 lit. a GDPR granted to the platform operator. Per Art. 7 para. 3 GDPR, you may revoke this consent with the platform operator at any time with future effect.

When accessing our online presence on the Facebook platform, Facebook Ireland Ltd. as the operator of the platform in the EU will process your data (e.g. personal information, IP address, etc.).

This data of the user is used for statistical information on the use of our company presence on Facebook. Facebook Ireland Ltd. uses this data for market research and advertising purposes as well as for the creation of user profiles. Based on these profiles, Facebook Ireland Ltd. can provide advertising both within and outside of Facebook based on your interests. If you are logged into Facebook at the time you access our site, Facebook Ireland Ltd. will also link this data to your user account.

If you contact us via Facebook, the personal data you provide at that time will be used to process the request. We will delete this data once we have completely responded to your query, unless there are legal obligations to retain the data, such as for subsequent fulfilment of contracts.

Facebook Ireland Ltd. might also set cookies when processing your data.

If you do not agree to this processing, you have the option of preventing the installation of cookies by making the appropriate settings in your browser. Cookies that have already been saved can be deleted at any time. The instructions to do this depend on the browser and system being used. For Flash cookies, the processing cannot be prevented by the settings in your browser, but instead by making the appropriate settings in your Flash player. If you prevent or restrict the installation of cookies, not all of the functions of Facebook may be fully usable.

Details on the processing activities, their suppression, and the deletion of the data processed by Facebook can be found in its privacy policy:

https://www.facebook.com/privacy/explanation

It cannot be excluded that the processing by Facebook Ireland Ltd. will also take place in the United States by Meta Platforms, Inc., 1601 Willow Road, Menlo Park, California 94025.

Facebook Ireland Limited, 4 Grand Canal Square, Dublin 2, Ireland, a subsidiary of Facebook Inc., 1601 S. California Ave., Palo Alto, CA 94304, USA.

Privacy Policy: https://www.facebook.com/policy.php

Instagram

To advertise our products and services as well as to communicate with interested parties or customers, we have a presence on the Instagram platform.

On this social media platform, we are jointly responsible with Meta Platforms Ireland Limited, 4 Grand Canal Square, Dublin 2, Irland.

The data protection officer of Instagram can be reached via this contact form:

https://www.facebook.com/help/contact/540977946302970

We have defined the joint responsibility in an agreement regarding the respective obligations within the meaning of the GDPR. This agreement, which sets out the reciprocal obligations, is available at the following link:

https://www.facebook.com/legal/terms/page_controller_addendum

The legal basis for the processing of the resulting and subsequently disclosed personal data is Art. 6 para. 1 lit. f GDPR. Our legitimate interest lies in the analysis, communication, sales, and promotion of our products and services.

The legal basis may also be your consent per Art. 6 para. 1 lit. a GDPR granted to the platform operator. Per Art. 7 para. 3 GDPR, you may revoke this consent with the platform operator at any time with future effect.

When accessing our online presence on the Instagram platform, Facebook Ireland Ltd. as the operator of the platform in the EU will process your data (e.g. personal information, IP address, etc.).

This data of the user is used for statistical information on the use of our company presence on Instagram. Facebook Ireland Ltd. uses this data for market research and advertising purposes as well as for the creation of user profiles. Based on these profiles, Facebook Ireland Ltd. can provide advertising both within and outside of Instagram based on your interests. If you are logged into Instagram at the time you access our site, Facebook Ireland Ltd. will also link this data to your user account.

If you contact us via Instagram, the personal data you provide at that time will be used to process the request. We will delete this data once we have completely responded to your query, unless there are legal obligations to retain the data, such as for subsequent fulfilment of contracts.

Facebook Ireland Ltd. might also set cookies when processing your data.

If you do not agree to this processing, you have the option of preventing the installation of cookies by making the appropriate settings in your browser. Cookies that have already been saved can be deleted at any time. The instructions to do this depend on the browser and system being used. For Flash cookies, the processing cannot be prevented by the settings in your browser, but instead by making the appropriate settings in your Flash player. If you prevent or restrict the installation of cookies, not all of the functions of Instagram may be fully usable.

Details on the processing activities, their suppression, and the deletion of the data processed by Instagram can be found in its privacy policy:

https://help.instagram.com/519522125107875

It cannot be excluded that the processing by Facebook Ireland Ltd. will also take place in the United States by Meta Platforms, Inc., 1601 Willow Road, Menlo Park, California 94025.

Facebook Ireland Limited, 4 Grand Canal Square, Dublin 2, Ireland, a subsidiary of Facebook Inc., 1601 S. California Ave., Palo Alto, CA 94304, USA.

Privacy Policy: https://help.instagram.com/519522125107875

Google Analytics

We use Google Analytics on our website. This is a web analytics service provided by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Irland (hereinafter: Google).

The Google Analytics service is used to analyse how our website is used. The legal basis is Art. 6 Para. 1 lit. f) GDPR. Our legitimate interest lies in the analysis, optimisation, and economic operation of our site.

Usage and user-related information, such as IP address, place, time, or frequency of your visits to our website will be transmitted to a Google server in the United States and stored there. However, we use Google Analytics with the so-called anonymisation function, whereby Google truncates the IP address within the EU or the EEA before it is transmitted to the US.

The data collected in this way is in turn used by Google to provide us with an evaluation of visits to our website and what visitors do once there. This data can also be used to provide other services related to the use of our website and of the internet in general.

Google states that it will not connect your IP address to other data. In addition, Google provides further information with regard to its data protection practices at https://www.google.com/intl/de/policies/privacy/partners,

including options you can exercise to prevent such use of your data.

In addition, Google offers an opt-out add-on at https://tools.google.com/dlpage/gaoptout?hl=en

in addition with further information. This add-on can be installed on the most popular browsers and offers you further control over the data that Google collects when you visit our website. The add-on informs Google Analytics‘ JavaScript (ga.js) that no information about the website visit should be transmitted to Google Analytics. However, this does not prevent information from being transmitted to us or to other web analytics services we may use as detailed herein.

Shopify (Shop software and Web analysis)

a) Shopify-Shop-Software

We use “Shopify” to host our shop system, to present our offers and for the processing of contracts.

The legal basis is Art.  6 para. 1 lit. b) GDPR (contract initiation/contract processing).

„Shopify“ is the service of a group of companies consisting of the companies Shopify Data Processing (USA) Inc., Shopify Payments (USA) Inc., Shopify (USA) Inc., Shopify Commerce Singapore Pte.  Ltd., and Shopify International Limited.

Insofar as we are located in the European Economic Area (EEA), processing is carried out by Shopify International Limited, Victoria Buildings, 2nd  floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland, hereinafter referred to only as „Shopify“.

However, due to the interconnection of the companies, it cannot be ruled out that processing will also take place in Canada and the USA, i.e. outside the EEA.  However, when the data is transmitted to Shopify Inc., Canada, an appropriate level of data protection is guaranteed by the adequacy decision of the European Commission.

Shopify processes the following data on our behalf:

Name, billing and, if applicable, delivery address, email address, payment details, possibly company name, possibly telephone number, IP address, information about orders, information about the shops supported by Shopify that you visit, as well as information about your device and your internet browser.

Shopify provides more information at https://www.shopify.de/legal/datenschutz.

b) Shopify web analysis

Insofar as we also use Shopify’s web analysis service on our website, Shopify will save cookies on your device via your internet browser.  These cookies transfer and evaluate further information to a Shopify server, such as i.e. the location, time or frequency of your visit to our website.

In case you have granted your consent to this processing the legal basis is Article 6 para. 1 lit. a GDPR. The legal basis can also be Article 6 para. 1 lit. f GDPR. Our legitimate interest lies in the analysis and optimisation of our website.

If you do not agree to this processing, you have the option of preventing the installation of cookies by making the appropriate settings in your browser. You can find more information on this under “Cookies” above.

Use of PayPal as a payment method

If you decide to pay with the online payment service provider PayPal during your order process, your contact data is transmitted to PayPal as part of the order thus triggered. PayPal is an offer of PayPal (Europe) S.à.r.l. & Cie. S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg. PayPal thereby assumes the function of an online payment service provider and a trustee and offers buyer protection services.

The personal data transmitted to PayPal is mostly first name, last name, address, telephone number, IP address, e-mail address, or other data, which is required for order processing,as well as data related to the order, such as the number of items, item number, invoice amount and tax percentage, billing information, etc.

This transmission is necessary to process your order with the payment method you have selected, in particular to confirm your identity, to administer your payment and the customer relationship. Your data is therefore transmitted to PayPal on the basis of Article 6 para. 1 lit. b GDPR.

However, please note: PayPal may transfer the personal data to service providers, to subcontractors or other affiliated companies, to the extent necessary to fulfill the contractual obligations arising from your order or to process the data in the order on your behalf.

Depending on the payment method selected via PayPal, e.g., invoice or direct debit, the personal data transmitted to PayPal will be transmitted to credit agencies by PayPal. This transmission is used to check your identity and creditworthiness in relation to the order you have placed. For information on which credit agencies are involved and which data is generally collected, processed, saved and forwarded by PayPal, please refer to PayPal’s data protection statement at https://www.paypal.com/de/webapps/mpp/ua/privacy-full

Klarna „CHECK-OUT“

To process orders through our online shop, we use the payment service of Klarna Bank AB, Sveavägen 46, 111 34 Stockholm, Sweden, hereinafter referred to as „Klarna“, on our website.

For this purpose, we have integrated Klarna’s check-out into the final order page of our online shop.

The legal basis is the fulfilment of the contract according to Art. 6 Para. 1 lit. b.)  EU General Data Protection Regulation (GDPR). In addition, we have a legitimate interest in offering effective and secure payment options, so that another legal basis ensues from Art. 6 para. 1 lit f.) GDPR.

By integrating Klarna, your internet browser loads the check-out page from a Klarna server. This means that the operating system you are using, type and version of your Internet browser, website from which the check-out has been requested, date and time of the call and the IP address are sent to Klarna – even without your interaction with the check-out page.

As soon as you complete the order in our online shop, the data you have entered in the input fields of the check-out page will be processed by Klarna at your own responsibility in order to process the payment.

With the offered payment methods „PayPal“ and „Advance Payment“, processing without your further consent is limited to the transfer of the payment data to us or PayPal.

With the offered payment methods of „Purchase on Account“, „Hire Purchase“, „Credit Card“, „Direct Debit“ or „Immediate Payment“, the following personal data is processed by Klarna for the purpose of payment processing and for identity and credit checking:

– Contact information such as names, addresses, date of birth, gender, email address, telephone number, mobile phone number, IP address, etc.

– Information on the processing of the order, such as product type, product number, price, etc.

– Payment information, such as debit and credit card data (card number, expiry date and CCV code), invoice data, account number, etc.

If you choose the payment method „Purchase on Account“ or „Hire Purchase“, Klarna collects and uses personal data and information about your previous payment behaviour to decide whether you will be granted the desired payment method. In addition, probability values for your future payment behaviour (so-called scoring) are used. Scoring is calculated on the basis of scientifically recognized mathematical and statistical methods.

More information at https://cdn.klarna.com/1.0/shared/content/policy/data/de_de/data_protection.pdf.

Klarna provides further information on the processing described above as well as the applicable data protection regulations.

MailChimp – Newsletter

We offer you the opportunity to register for our free newsletter via our website.

We use MailChimp, a service of The Rocket Science Group, LLC, 512 Means Street, Suite 404, Atlanta, GA 30318, USA, hereinafter referred to as „The Rocket Science Group“.

In addition, the Rocket Science Group offers further information about its data protection practices at

http://mailchimp.com/legal/privacy/

If you register for our free newsletter, the data requested from you for this purpose, i.e. your email address and, optionally, your name and address, will be processed by The Rocket Science Group. In addition, your IP address and the date and time of your registration will be saved. During the registration process, your consent to receive this newsletter will be obtained together with a concrete description of the type of content it will offer and reference made to this privacy policy.

The newsletter then sent out by The Rocket Science Group will also contain a tracking pixel called a web beacon. This pixel helps us evaluate whether and when you have read our newsletter and whether you have clicked any links contained therein. In addition to further technical data, such as data about your computer hardware and your IP address, the data processed will be stored so that we can optimize our newsletter and respond to the wishes of our readers. The data will therefore increase the quality and attractiveness of our newsletter.

The legal basis for sending the newsletter and the analysis is Art. 6 Para. 1 lit. a) GDPR.

You may revoke your prior consent to receive this newsletter under Art. 7 Para. 3 GDPR with future effect. All you have to do is inform us that you are revoking your consent or click on the unsubscribe link contained in each newsletter.

Model Data Protection Statement of Anwaltskanzlei Weiß & Partner