Privacy Policy for Athlete Capital in accordance with the GDPR

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Athlete Capital (hereinafter referred to as the "Controller") is pleased to have you visit our website. Privacy and data security are of utmost importance to us. We would like to inform you about the personal data we collect when you visit our website and how we use it.

Please note that changes in laws or our internal processes may require us to update this privacy policy. Therefore, we kindly ask you to review this privacy policy regularly. The privacy policy can be accessed, saved, and printed at any time on the privacy policy page.

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§1: Controller and Scope

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The Controller, as defined by the EU General Data Protection Regulation (GDPR) and other national data protection laws of the member states, as well as other data protection regulations, is:

Athlete Capital Am Haelentor 5 50858 Cologne Germany Tel: +49 151 23151577 Email: info@athlete-capital.de Website: www.athlete-capital.de

Further information can be found in the imprint of our website. This privacy policy applies to the online offering of Athlete Capital, accessible under the domain www.athlete-capital.de and its various subdomains (hereinafter referred to as "our website").

 

§2: Principles of Data Processing

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We generally process personal data of our users only to the extent necessary for providing a functional website, as well as our content and services. The processing of personal data of our users is regularly based on the user's consent. An exception applies in cases where obtaining prior consent is not possible due to factual reasons and the processing of data is permitted by law.

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§3: Legal Basis

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The legal basis for processing personal data is determined as follows:

• Art. 6(1)(a) GDPR, when we obtain the data subject's consent for processing personal data.

• Art. 6(1)(b) GDPR, for the processing of personal data necessary for the performance of a contract to which the data subject is a party, or for pre-contractual measures.

• Art. 6(1)(c) GDPR, when processing personal data is necessary for compliance with a legal obligation to which our company is subject.

• Art. 6(1)(f) GDPR, when processing personal data is necessary for the purposes of the legitimate interests pursued by our company or by a third party, except where such interests are overridden by the interests, fundamental rights, and freedoms of the data subject.

We specify the applicable legal basis for each processing operation we carry out.

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§4: Data Deletion and Storage Duration

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Personal data of the data subject will be deleted or blocked as soon as the purpose of storage ceases to apply. Storage may also take place if provided for by the European or national legislator in Union regulations, laws, or other provisions to which the controller is subject. Data will also be blocked or deleted when a storage period prescribed by the aforementioned standards expires, unless there is a need for further storage of the data for the conclusion or performance of a contract.

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§5: Data Disclosure

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We only disclose your personal data to third parties if:

• You have given us explicit consent pursuant to Art. 6(1)(a) GDPR,

• It is legally permissible and necessary for the performance of a contract with you pursuant to Art. 6(1)(b) GDPR,

• There is a legal obligation to disclose the data pursuant to Art. 6(1)(c) GDPR, or

• The disclosure pursuant to Art. 6(1)(f) GDPR is necessary for the assertion, exercise, or defense of legal claims and there is no reason to believe that you have an overriding legitimate interest in not disclosing your data.

Recipients of the data are:

• The host of our website, Wix.com Ltd, Nemal St. 40, 6350671 Tel Aviv, Israel.

• The agency that created our website, Ecommy GbR, Heidekrugweg 13, 44229 Dortmund.

• Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA, as the server operator.

 

§6: Conditions for the Transfer of Personal Data to Third Countries

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In the course of our business relationships, your personal data may be transferred or disclosed to third-party companies, including those located outside the European Economic Area (EEA), i.e., in third countries. When transferring your personal data to third countries, we comply with the specific requirements of Art. 44 et seq. of the GDPR. The European Commission certifies the adequacy of data protection in certain third countries through adequacy decisions, which are comparable to the EEA standard. However, in other third countries to which personal data may be transferred, there may not be a consistently high level of data protection due to a lack of legal regulations. In such cases, we ensure that data protection is sufficiently guaranteed. This can be achieved through binding corporate rules, standard contractual clauses of the European Commission for the protection of personal data pursuant to Art. 46(1), 2(c) GDPR in conjunction with appropriate security guarantees, certificates, or recognized codes of conduct.

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§7: Individual Processing Operations

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1. Provision and Use of the Website

a. Type and Scope of Data Processing

When you access and use our website, we collect the personal data that your browser automatically transmits to our server. When you use our website, we collect the following data, which is technically necessary for us to display our website to you and ensure its stability and security:

• IP address of the requesting computer

• Date and time of access

• Name and URL of the retrieved file

• Website from which access is made (referrer URL)

• Browser type and, if applicable, the operating system of your computer, as well as the name of your access provider

This information is temporarily stored in a log file. It is not stored together with other personal data of the user.

 

b. Purposes and Legal Basis

The temporary storage of the IP address by the system is necessary to enable the delivery of the website to the user's computer. For this purpose, the user's IP address must remain stored for the duration of the session. The storage in log files is carried out to ensure the functionality of the website. Additionally, the data helps us optimize the website and ensure the security of our information technology systems. In this context, there is no analysis of the data for marketing purposes.

The legal basis for the temporary storage of data and log files is Art. 6(1)(f) GDPR. The collection of data for the provision of the website and the storage of data in log files is necessary for the operation of the website. Consequently, there is no possibility for the user to object.

 

c. Storage Duration

Once the aforementioned data is no longer necessary for displaying the website, it will be deleted. In the case of data collected to provide the website, this occurs when the respective session ends. Further storage may take place if required by law.

In the case of storage of data in log files, this happens after no later than seven days. Extended storage is possible. In this case, the IP addresses of the users will be deleted or altered so that they can no longer be assigned to the accessing client.

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     2. Registration / User Account

a. Type and Scope of Data Processing

On our website, we offer you the opportunity to register by providing personal data. The data is entered into an input mask, transmitted to us, and stored.

The following overview provides detailed information about the personal data we collect from you during registration:

• Name

• Email address

• Address

• Date of birth

• Optional: Interests

At the time of registration, the following data is also stored:

• IP address

• Date and time of registration

• Duration of the user's stay on the website

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b. Purposes and Legal Basis

Registration is necessary for the fulfillment of a contract with us or for the performance of pre-contractual measures for the following reasons: We verify your data in order to offer you relevant services and content.

The legal basis for processing the data is Art. 6(1)(a) of the GDPR, given the user's consent. The processing of the specified personal data serves the fulfillment of a contract between you and us or the performance of pre-contractual measures, so that Art. 6(1)(b) of the GDPR also serves as the legal basis.

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c. End of Registration or Modification of Data

As a user, you have the option to terminate your registration at any time. You can also have your stored data changed at any time. To do so, please follow these steps: You can either send us an email to the address mentioned above to request the deletion of your data, or you can modify your data in your account.

If the processed data is still required for the fulfillment of a contract or for the performance of pre-contractual measures, premature deletion of the data is only possible to the extent that it does not conflict with contractual or legal obligations.

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    3. Newsletter

a. Type and Scope of Data Processing

On our website, you have the opportunity to subscribe to a free newsletter. In order to regularly send you the newsletter, we require the following information from you:

• Email address

• Name

The following data is also collected during the registration process:

• IP address of the requesting computer

• Date and time of registration

No data is passed on to third parties in connection with the processing of data for newsletter distribution. The data is used exclusively for sending the newsletter.

For newsletter distribution, we use the double opt-in procedure, which means we will only send you the newsletter after you have confirmed your registration by clicking on a confirmation link sent to you via email. This is to ensure that only you, as the owner of the provided email address, can subscribe to the newsletter. Your confirmation must be received promptly after receiving the confirmation email, as otherwise your newsletter registration will be automatically deleted from our database. We reserve the right to send you advertising without your consent if you have purchased goods or services from us, and the advertising is related to the goods or services. This will only be done if you have not previously objected to receiving advertising. With each shipment, we will also inform you about the possibility of objection.

 

b. Purposes and Legal Basis

The collection of the user's email address serves the purpose of delivering the newsletter. The collection of other personal data during the registration process is used to prevent misuse of the services or the email address.

The legal basis for processing the data, after the user has subscribed to the newsletter, is Art. 6(1)(a) of the GDPR, given the user's consent. The legal basis for sending the newsletter following the sale of goods or services is § 7(3) of the German Unfair Competition Act (UWG).

 

c. Storage Duration

The data will be deleted as soon as it is no longer necessary to achieve the purpose of its collection. The user's email address will be stored as long as the newsletter subscription is active. The other personal data collected during the registration process is usually deleted after a period of seven days.

Consent Statement:

By entering my data and clicking the "Submit" button, I consent to the processing of my email address and name for regular newsletter distribution. I can unsubscribe from the newsletter service at any time by clicking the corresponding link at the end of the newsletter.

I can revoke my consent to the collection of personal data collected during the registration process at any time.

 

d. Storage Duration

Your email address and name will be stored as long as you have subscribed to the newsletter. After unsubscribing from the newsletter distribution, your email address will be deleted. Further storage may occur in individual cases if required by law.

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    4. Contact Form

a. Type and Scope of Data Processing

On our website, we offer you the opportunity to contact us through a provided form. When you send your request using the contact form, your consent is obtained by referring to this privacy policy. If a user takes advantage of this option, the data entered in the input mask is transmitted to us and stored. This data includes:

• Email address

• Name

• Optional: Company

• Optional: Contact person

• Optional: Other personal data you want to provide within the message

At the time of sending the message, the following data is also stored:

• IP address

• Date and time

When using the contact form, no personal data is disclosed to third parties.

 

b. Legal Basis

Providing your email address is for the purpose of assigning your request and being able to respond to you. The legal basis for processing the data is Art. 6(1)(a) of the GDPR, given the user's consent.

 

c. Storage Duration

Consent Statement:

By entering my data and clicking the "Submit" button, I consent to the processing of my email address, name, optional company, and any other personal data I provide within my message for the purpose of responding to my contact inquiry.

I can revoke my consent to the collection of personal data collected during the use of the contact form at any time.

The data will be deleted as soon as it is no longer necessary to achieve the purpose of its collection. For the personal data entered in the contact form's input mask, this is the case when the respective conversation with the user has ended. The conversation is deemed to be ended when the circumstances indicate that the matter in question has been conclusively clarified. The additional personal data collected during the sending process will be deleted after a maximum period of seven days.

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§8 Use of Cookies

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a. Nature and Scope of Data Processing

We use cookies on our website. Cookies are small text files that are sent by us to your browser and stored on your device during your visit to our website. Some functions of our website cannot be offered without the use of technically necessary cookies. However, other cookies enable us to perform various analyses. For example, cookies can recognize your browser when you revisit our website and transmit various information to us. With the help of cookies, we can make our website more user-friendly and effective by tracking your use of our website and identifying your preferred settings (e.g., country and language settings). If third parties process information through cookies, they collect the information directly through your browser. Cookies do not cause any damage to your device. They cannot execute programs or contain viruses. Different types of cookies are used on our website:

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Type 1: Transient Cookies Transient cookies are used on our website, which are automatically deleted as soon as you close your browser. These cookies allow us to capture your session ID, enabling us to assign various requests from your browser to a common session and recognize your device during subsequent website visits within a session.

Type 2: Persistent Cookies Persistent cookies are used on our website, which are stored in your browser for a longer period and transmit information to us. The respective storage period varies depending on the cookie. You can delete persistent cookies independently through your browser settings.

Type 3: Third-Party Cookies In some cases, cookies from third-party companies may also be stored on your device when you visit our site. These cookies enable us or you to use certain services provided by the third-party company (e.g., cookies for payment processing).

You can find an overview of the cookies used on our website at the following link: [link to the cookie overview page].

 

b. Purpose and Legal Basis

The purpose of using technically necessary cookies is to simplify the use of websites for users. Some functions of our website cannot be offered without the use of cookies. This includes, for example, the Consent Manager. Additionally, these cookies contribute to the secure and compliant use of the website.

The use of analytical cookies is aimed at improving the quality of our website and its content. Through analytical cookies, we can understand how the website is used and continuously optimize our offering. Information is collected, for example, about how our website is used by visitors, which pages are most frequently accessed, or whether error messages are displayed on certain pages.

The legal basis for storing cookies, device identifiers, and similar tracking technologies, as well as storing information on the end user's device and accessing this information, and subsequently using the personal data, is your consent according to § 25 (1) of the Law on the Regulation of Data Protection and Privacy in Telecommunications and Telemedia (TTDSG). If the cookies are not stored on the end user's device, consent is required under Article 6 (1) (a) of the General Data Protection Regulation (GDPR).

The legal basis for processing personal data using technically necessary cookies is Article 6 (1) (f) of the GDPR.

 

c. Storage Duration

Cookies are stored on the user's computer and transmitted to our site. Therefore, as a user, you have full control over the use of cookies. By changing the settings in your internet browser, you can disable or restrict the transmission of cookies. Already stored cookies can be deleted at any time. This can also be done automatically. If cookies for our website are disabled, it may no longer be possible to use all the functions of the website to their full extent.

 

§9 Tracking and Analytics Tools

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We use tracking and analytics tools to ensure continuous optimization and user-oriented design of our website. With the help of tracking measures, we are able to statistically record the usage of our website by visitors and further develop our online offering based on the insights gained. For the processing of cookies, we require your consent based on a notice ("cookie banner") provided by us on the website according to Art. 6(1)(a) of the General Data Protection Regulation (GDPR). The following description of the tracking and analytics tools also includes the respective processing purposes and the processed data.

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1. Google ReCaptcha

We use the technology "Google ReCaptcha." Google ReCaptcha is an analysis service provided by Google Ireland Limited, Google Building Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland. The tool is used to determine whether the person trying to register with us is a human or a (malicious) computer program. During the verification process, Google sets cookies and may also collect personal data. For more information, please refer to Google's Privacy Policy: https://policies.google.com/privacy?hl=en

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    2. Google Analytics

This website uses Google Analytics, a web analytics service provided by Google Ireland Limited, Google Building Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland ("Google"). Google Analytics uses "cookies," which are text files placed on your computer, to analyze the usage of the website by you.

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The information generated by these cookies about your use of the website, such as the time, location, and frequency of your website visits, is generally transmitted to and stored on a Google server in the United States. When using Google Analytics, it is possible that the cookies set by Google Analytics may also collect additional personal data in addition to the IP address. We would like to point out that Google may transfer this information to third parties if required by law or if third parties process this data on behalf of Google.

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Google will use the information generated by cookies on behalf of the operator of this website to evaluate your use of the website, compile reports on website activity, and provide other services related to website activity and internet usage to the website operator. According to Google, the IP address transmitted by your browser as part of Google Analytics will not be merged with other data from Google.

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You can prevent the storage of cookies by adjusting your browser software accordingly. However, please note that if you do this, you may not be able to use all the features of this website fully.

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It is possible that the cookies set by Google Analytics may also collect additional personal data besides the IP address. To prevent information about your use of the website from being collected by Google Analytics and transmitted to Google Analytics, you can download and install a browser plugin from the following link: http://tools.google.com/dlpage/gaoptout?hl=en This plugin prevents information about your visit to the website from being sent to Google Analytics. However, this plugin does not prevent other forms of website analysis.

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We would like to inform you that you cannot use the browser plug-in described above when visiting our website through the browser of a mobile device (smartphone or tablet). If you are using a mobile device, you can prevent the collection of your usage data by Google Analytics by clicking on the following link: <ahref="javascript:gaOptout()">Disable Google Analytics</a >. By clicking on this link, an opt-out cookie will be set in your browser. This cookie prevents information about your visit to the website from being transmitted to Google Analytics. Please note that the opt-out cookie is only valid for this browser and this domain. If you delete the cookies in this browser, the opt-out cookie will also be deleted. To continue preventing the collection by Google Analytics, you need to click the link again. The use of the opt-out cookie is also possible as an alternative to the above plug-in when using the browser on your computer.

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    3. Sentry

We use the service Sentry (Sentry, 1501 Mariposa St #408, San Francisco, CA 94107, USA) to improve the technical stability of our service by monitoring system stability and identifying code errors. Sentry serves solely these goals and does not analyze data for advertising purposes. User data, such as device information or error timestamps, is collected anonymously and not used in a personally identifiable manner and is subsequently deleted. For more information, please refer to Sentry's Privacy Policy: https://sentry.io/privacy/

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§10 Hyperlinks

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On our website, there are so-called hyperlinks to websites of other providers. When activating these hyperlinks, you will be directly redirected from our website to the website of the other providers. You can recognize this, among other things, by the change in the URL. We cannot take responsibility for the confidential handling of your data on these third-party websites because we have no influence on whether these companies comply with data protection regulations. On our website, a button of the "LinkedIn" network is used. When you click this button, you will be redirected to our LinkedIn page. In doing so, a connection to servers of LinkedIn Corp. (hereinafter "LinkedIn") is established through your browser. LinkedIn stores personal data from you through the access of this website. We have no control over the processing of your personal data by LinkedIn. You can access the current privacy information from LinkedIn and additional information on this website: https://www.linkedin.com/legal/privacy-policy.

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§11: Rights of the Data Subject

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According to the General Data Protection Regulation (GDPR), as a data subject, you have the following rights:

• Right to information: Under Article 15 of the GDPR, you can request information about the personal data we process about you. You can particularly inquire about the purposes of the processing, the categories of personal data involved, the recipients or categories of recipients to whom the data has been or will be disclosed, the planned retention period, the existence of the right to rectification, erasure, restriction of processing, or objection, the right to lodge a complaint, the source of the data if not collected from you, the transfer of data to third countries or international organizations, and the existence of automated decision-making, including profiling, and meaningful information about its details.

• Right to rectification: According to Article 16 of the GDPR, you can promptly request the rectification of inaccurate or incomplete personal data stored about you.

• Right to erasure: Under Article 17 of the GDPR, you can request the erasure of your personal data stored by us, provided that the processing is not necessary for exercising the right of freedom of expression and information, for compliance with a legal obligation, for reasons of public interest, or for the establishment, exercise, or defense of legal claims.

• Right to restriction of processing: According to Article 18 of the GDPR, you can request the restriction of the processing of your personal data if you contest the accuracy of the data, the processing is unlawful, we no longer need the data, but you require it for the establishment, exercise, or defense of legal claims. The right under Article 18 of the GDPR also applies if you have objected to the processing under Article 21 of the GDPR.

• Right to data portability: According to Article 20 of the GDPR, you can request to receive your personal data, which you have provided to us, in a structured, commonly used, and machine-readable format, or you can request the transmission of the data to another controller.

• Right to withdrawal of consent: According to Article 7(3) of the GDPR, you can withdraw your consent at any time. This withdrawal will not affect the lawfulness of processing based on consent before its withdrawal.

• Right to object: Under Article 21 of the GDPR, you have the right to object to the processing of your personal data based on legitimate interests, including profiling, unless we can demonstrate compelling legitimate grounds for the processing that override your interests, rights, and freedoms, or the processing is done for direct marketing purposes. In the case of direct marketing, you have an absolute right to object that will be implemented by us without any requirement to demonstrate a specific situation.

• Right to lodge a complaint: Under Article 77 of the GDPR, you have the right to lodge a complaint with a supervisory authority. In general, you can contact the supervisory authority of your habitual residence, place of work, or our company headquarters. The supervisory authority responsible for us is:

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The State Commissioner for Data Protection and Freedom of Information

Kavalleriestr. 2-4

40213 Düsseldorf

poststelle@ldi.nrw.de

0211 - 38424-0