Data protection

The responsible body within the meaning of data protection laws, in particular the EU General Data Protection Regulation (GDPR), is:


The power of movement GmbH

Mary Carmen Argast
Ruchfeldstrasse 24
4142 Münchenstein Switzerland

E-mail: info@thepowerofmovement.ch
Phone: +41 79 521 71 92
Website: https://www.personaltrainerbasel.ch


General information
Based on Article 13 of the Swiss Federal Constitution and the data protection provisions of the Swiss Confederation (Data Protection Act, DSG), every person is entitled to protection of their privacy and protection against misuse of their personal data. The operators of these pages take the protection of your personal data very seriously. We treat your personal data confidentially and in accordance with the statutory data protection regulations and this privacy policy.

In cooperation with our hosting providers, we endeavor to protect the databases as well as possible against unauthorized access, loss, misuse or falsification. We would like to point out that data transmission over the Internet (e.g. when communicating by e-mail) may be subject to security vulnerabilities. Complete protection of data against access by third parties is not possible. By using this website, you consent to the collection, processing and use of data in accordance with the following description. This website can generally be visited without registration. Data such as pages called up or the name of the file called up, date and time are stored on the server for statistical purposes without this data being directly related to your person. Personal data, in particular name, address or e-mail address, are collected on a voluntary basis as far as possible. No data will be passed on to third parties without your consent.


Processing of personal data

Personal data is any information relating to an identified or identifiable person. A data subject is a person about whom personal data is processed. Processing includes any handling of personal data, regardless of the means and procedures used, in particular the storage, disclosure, procurement, deletion, storage, modification, destruction and use of personal data.

We process personal data in accordance with Swiss data protection law. In addition, we process personal data in accordance with the following legal bases in connection with Art. 6 para. 1 GDPR, insofar as the EU GDPR is applicable:
lit. a) Processing of personal data with the consent of the data subject.
lit. b) Processing of personal data for the performance of a contract with the data subject and for the implementation of corresponding pre-contractual measures.
lit. c) Processing of personal data for compliance with a legal obligation to which we are subject under any applicable EU law or under any applicable law of a country in which the GDPR is applicable in whole or in part.
lit. d) Processing of personal data in order to protect the vital interests of the data subject or another natural person
lit. f) Processing of personal data in order to protect the legitimate interests of us or third parties, except where such interests are overridden by the fundamental freedoms and rights and interests of the data subject. Legitimate interests are, in particular, our business interest in being able to provide our website, information security, the enforcement of our own legal claims and compliance with Swiss law.

We process personal data for the duration required for the respective purpose or purposes. In the case of longer-term retention obligations due to legal and other obligations to which we are subject, we restrict processing accordingly.


Privacy policy for cookies
This website uses cookies. These are small text files that make it possible to store specific user-related information on the user’s device while they are using the website. Cookies make it possible, in particular, to determine the frequency of use and number of users of the pages, to analyze the behavior of page use, but also to make our offer more customer-friendly. Cookies remain stored at the end of a browser session and can be called up again when you visit the site again. If you do not wish this to happen, you should set your Internet browser to refuse to accept cookies. A general objection to the use of cookies used for online marketing purposes can be declared for a large number of services, especially in the case of tracking, via the US website http://www.aboutads.info/choices/ or the EU website http://www.youronlinechoices.com/. Furthermore, the storage of cookies can be achieved by deactivating them in the browser settings. Please note that you may then not be able to use all the functions of this website.


Privacy policy for SSL/TLS encryption

This website uses SSL/TLS encryption for security reasons and to protect the transmission of confidential content, such as the inquiries you send to us as the site operator. You can recognize an encrypted connection by the fact that the address line of the browser changes from “http://” to “https://” and by the lock symbol in your browser line. If SSL or TLS encryption is activated, the data you transmit to us cannot be read by third parties.


Data transmission security (without SSL)
Please note that data transmitted via an open network such as the Internet or an e-mail service without SSL encryption can be viewed by anyone. You can recognize an unencrypted connection by the fact that the address line of the browser displays “http://” and no lock symbol is displayed in your browser line. Information transmitted via the Internet and content received online may be transmitted via third-party networks. We cannot guarantee the confidentiality of communications or documents transmitted over such open or third-party networks.

If you disclose personal information via an open network or third-party networks, you should be aware that your data may be lost or third parties may potentially access this information and consequently collect and use the data without your consent. Although in many cases the individual data packets are transmitted in encrypted form, the names of the sender and recipient are not. Even if the sender and the recipient live in the same country, data is often transmitted via such networks without controls, including via third countries, i.e. countries that do not offer the same level of data protection as your country of domicile. We accept no responsibility for the security of your data during transmission via the Internet and disclaim any liability for direct or indirect losses. We ask you to use other means of communication if you consider this necessary or reasonable for security reasons.


Third party services
This website may use Google Maps for embedding maps, Google Invisible reCAPTCHA for protection against bots and spam and YouTube for embedding videos. These services of the American Google LLC use cookies, among other things, and as a result, data is transferred to Google in the USA, whereby we assume that no personal tracking takes place in this context solely through the use of our website. Google has undertaken to guarantee appropriate data protection in accordance with the US-European and US-Swiss Privacy Shield. Further information can be found in Google’s privacy policy.


Privacy policy for contact form
If you send us inquiries via the contact form, your details from the inquiry form, including the contact details you provide there, will be stored by us for the purpose of processing the inquiry and in the event of follow-up questions. We will not pass on this data without your consent.

 

Privacy policy for newsletter data
If you would like to receive the newsletter offered on this website, we require an e-mail address from you as well as information that allows us to verify that you are the owner of the e-mail address provided and that you agree to receive the newsletter. No further data is collected. We use this data exclusively for sending the requested information and do not pass it on to third parties. You can revoke your consent to the storage of the data, the e-mail address and its use for sending the newsletter at any time, for example via the “unsubscribe” link in the newsletter.


Rights of data subjects
Right to confirmation
Every data subject has the right to obtain confirmation from the website operator as to whether or not personal data concerning him or her is being processed. If you wish to exercise this right of confirmation, you can contact the data protection officer at any time.

 

Right to information

Any person affected by the processing of personal data has the right to receive information free of charge from the operator of this website at any time about the personal data stored about them and a copy of this information. The following information can also be provided, if applicable the purposes of the processing, the categories of personal data being processed the recipients to whom the personal data have been or will be disclosed, where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period the existence of the right to request from the controller rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or to object to such processing the existence of the right to lodge a complaint with a supervisory authority where the personal data are not collected from the data subject: any available information as to their source.

Furthermore, the data subject has a right to information as to whether personal data has been transferred to a third country or to an international organization. If this is the case, the data subject also has the right to obtain information about the appropriate safeguards in connection with the transfer. If you would like to exercise this right to information, you can contact our data protection officer at any time.

 

Right to rectification

Any person affected by the processing of personal data has the right to demand the immediate correction of incorrect personal data concerning them. Furthermore, the data subject has the right to request the completion of incomplete personal data, including by means of a supplementary declaration, taking into account the purposes of the processing. If you wish to exercise this right to rectification, you can contact our data protection officer at any time.

 

Right to erasure (right to be forgotten)
Any person concerned by the processing of personal data has the right to obtain from the controller of this website the erasure of personal data concerning him or her without undue delay where one of the following grounds applies and insofar as the processing is not necessary: The personal data have been collected or otherwise processed for such purposes for which they are no longer necessary. The data subject withdraws consent on which the processing is based and where there is no other legal ground for the processing. The data subject objects to the processing on grounds relating to his or her particular situation and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing in the case of direct marketing and associated profiling. The personal data has been processed unlawfully. The personal data have to be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject. The personal data have been collected in relation to the offer of information society services directly provided to a child. If one of the above reasons applies and you wish to have personal data stored by the operator of this website deleted, you can contact our data protection officer at any time. The data protection officer of this website will ensure that the request for erasure is complied with immediately.

 

Right to restriction of processing
Any person affected by the processing of personal data has the right to obtain from the controller of this website restriction of processing where one of the following applies: The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data.

The processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of their use instead. The controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defense of legal claims. The data subject has objected to the processing on grounds relating to his or her particular situation and it is not yet clear whether the legitimate grounds of the controller override those of the data subject. If one of the aforementioned conditions is met, and you wish to request the restriction of the processing of personal data stored by the operator of this website, you can contact our data protection officer at any time. The data protection officer of this website will arrange for the restriction of processing.

 

Right to data portability
Each data subject shall have the right to receive the personal data concerning him or her, which was provided to a controller, in a structured, commonly used and machine-readable format and have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, as long as the processing is based on consent pursuant to point (a) of Article 6(1) of the GDPR or point (a) of Article 9(2) of the GDPR or on a contract pursuant to point (b) of Article 6(1) of the GDPR and the processing is carried out by automated means, as long as the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller. They also have the right to have this data transferred to another controller if the legal requirements are met. Furthermore, the data subject has the right to have the personal data transferred directly from one controller to another, insofar as this is technically feasible and provided that this does not affect the rights and freedoms of other persons. To assert the right to data portability, you can contact the data protection officer appointed by the operator of this website at any time.

 

Right to object
Each data subject shall have the right granted by the European legislator to object, on grounds relating to his or her particular situation, at any time, to processing of personal data concerning him or her, including profiling based on those provisions. In the event of an objection, the operator of this website will no longer process the personal data unless we can prove compelling reasons for the processing worthy of protection, which outweigh the interests, rights and freedoms of the affected person, or if the processing serves the assertion, exercise or defense of legal claims. To exercise the right to object, you can contact the data protection officer for this website directly.

 

Right to revoke consent under data protection law
Any person affected by the processing of personal data has the right to revoke consent to the processing of personal data at any time. If you wish to exercise your right to revoke consent, you can contact our data protection officer at any time.

 

Privacy Policy for Google Analytics
This website uses Google Analytics, a web analysis service provided by Google Ireland Limited. If the data controller for this website is located outside the European Economic Area or Switzerland, Google Analytics data processing is carried out by Google LLC. Google LLC and Google Ireland Limited are hereinafter referred to as “Google”. The statistics obtained enable us to improve our services and make them more interesting for you as a user. This website also uses Google Analytics for a cross-device analysis of visitor flows, which is carried out via a user ID. If you have a Google user account, you can disable the cross-device analysis of your usage in the settings there under “My data”, “Personal data”. The legal basis for the use of Google Analytics is Art. 6 (1) (1) (f) GDPR. The IP address transmitted by your browser as part of Google Analytics is not merged with other Google data. We would like to point out that on this website, Google Analytics has been extended by the code “_anonymizeIp();” to ensure anonymous collection of IP addresses. This means that IP addresses are further processed in abbreviated form, thus excluding the possibility of personal references. Insofar as the data collected about you is personally identifiable, this is therefore immediately excluded and the personal data is thus promptly deleted.

Only in exceptional cases will the full IP address be sent to a Google server in the US and shortened there. Google will use this information on behalf of the operator of this website to evaluate your use of the website, to compile reports on website activity and to provide other services regarding website activity and Internet usage for the website operator. For the exceptional cases in which personal data is transmitted to the United States, Google has submitted to the EU-US Privacy Shield, https://www.privacyshield.gov/EU-US-Framework.

Google Analytics uses cookies. The information generated by the cookie about your use of this website is usually transmitted to and stored by Google on servers in the United States. You can prevent the storage of cookies by selecting the appropriate settings on your browser; however, please note that if you do this you may not be able to use the full functionality of this website. You can also prevent the data generated by cookies about your use of the website (incl. your IP address) from being passed to Google, and the processing of these data by Google, by downloading and installing the browser plugin available at the following link: Disable Google Analytics. You can also prevent the use of Google Analytics by clicking on this link: Disable Google Analytics. This stores an opt-out cookie on your device that prevents the processing of personal data by Google Analytics. Please note that if you delete all cookies on your device, these opt-out cookies will also be deleted, i.e. you will have to set the opt-out cookies again if you wish to continue to prevent this form of data collection. The opt-out cookies are set per browser and computer/end device and must therefore be activated separately for each browser, computer or other end device.

 

Privacy Policy for Instagram
Our website includes functions of the Instagram service. These functions are provided by Instagram Inc., 1601 Willow Road, Menlo Park, CA, 94025, USA. If you are logged into your Instagram account, you can link the contents of our pages to your Instagram profile by clicking the Instagram button. This allows Instagram to associate your visit to our pages with your user account. We would like to point out that we, as the provider of the pages, have no knowledge of the content of the data transmitted or how it is used by Instagram. For more information, please refer to the

Instagram privacy policy: http://instagram.com/about/legal/privacy/

 

Privacy policy for LinkedIn
This website uses functions of the LinkedIn network. The provider of this service is LinkedIn Corporation, 2029 Stierlin Court, Mountain View, CA 94043, USA. Every time you access one of our pages that contains LinkedIn features, your browser establishes a direct connection to LinkedIn servers. LinkedIn is informed that you have visited our website from your IP address. If you click on the LinkedIn “Recommend” button and are logged into your LinkedIn account, LinkedIn will be able to associate your visit to our website with you and your user account. We would like to point out that, as the provider of the pages, we have no knowledge of the content of the data transmitted or how it will be used by LinkedIn. For more information, please see LinkedIn’s privacy policy at: https://www.linkedin.com/legal/privacy-policy

 

Privacy policy for YouTube
This website incorporates features of the YouTube service. YouTube is owned by Google Ireland Limited, a company incorporated and operated under the laws of Ireland, with its registered office at Gordon House, Barrow Street, Dublin 4, Ireland, which operates services in the European Economic Area and Switzerland. Your legal agreement with YouTube consists of the terms and conditions that can be found at the following link: https://www.youtube.com/static?gl=de&template=terms&hl=de. These terms constitute a legally binding agreement between you and YouTube regarding the use of the Services. Google’s privacy policy explains how YouTube handles and protects your personal information when you use the Service. Note regarding data transfers to the USA (United States of America)

For the sake of completeness, we would like to point out that for users based in Switzerland, there are surveillance measures in place by US authorities that generally allow the storage of all personal data from Switzerland that has been transferred to the USA. This is done without differentiation, restriction or exception on the basis of the objectives pursued and without any objective criterion that would make it possible to limit the access of the US authorities to the data and their subsequent use to very specific, strictly limited purposes that could justify access to this data and the interventions associated with its use. Furthermore, we would like to point out that there are no legal remedies available in the USA for data subjects from Switzerland that would allow them to gain access to the data concerning them and to have it corrected or deleted, and that there is no effective legal protection against general access rights of US authorities. We explicitly draw the attention of the data subject to this legal and factual situation in order to enable him or her to make an informed decision as to whether or not to consent to the use of his or her data. We would like to point out to users residing in an EU member state that the USA does not have an adequate level of data protection from the perspective of the European Union.

 

Copyrights
The copyrights and all other rights to content, images, photos or other files on the website belong exclusively to the operator of this website or the specifically named rights holders. For the reproduction of all files, the written consent of the copyright holder must be obtained in advance.
Anyone who commits a copyright infringement without the consent of the respective rights holder may be liable to prosecution and, if necessary, to damages.

 

General disclaimer
All information on our website has been carefully checked. We make every effort to ensure that the information we provide is up to date, factually correct and complete. Nevertheless, the occurrence of errors cannot be completely ruled out, which means that we cannot guarantee the completeness, correctness and timeliness of information, including journalistic and editorial content. Liability claims for damages, whether material or immaterial, arising from the use of the information provided are excluded, unless there is demonstrably intentional or grossly negligent fault. The publisher may, at its sole discretion and without notice, modify or delete texts and is not obliged to update the contents of this website. Use of or access to this website is at the visitor’s own risk. The publisher, its clients or partners are not responsible for any damages, such as direct, indirect, incidental, foreseeable or consequential damages, allegedly resulting from visiting this website and therefore assume no liability. The publisher also assumes no responsibility and liability for the content and availability of third-party websites that can be accessed via external links on this website. The operators of linked pages are solely responsible for their content. The publisher thus expressly distances itself from all third-party content that may be relevant under criminal or liability law or that may offend against common decency.

 

Amendments

We may amend this privacy policy at any time without notice. The current version published on our website applies. If the privacy policy is part of an agreement with you, we will notify you of the change by email or other appropriate means in the event of an update.
Questions for the data protection officer

If you have any questions about data protection, please write us an e-mail or contact the person responsible for data protection in our organization, as listed at the beginning of this data protection declaration.

Basel, 17.01.2022

Source: SwissAnwalt