Privacy Statement for the Referral Program

A. General

The following privacy policy informs you about the nature, scope and purposes of the collection, use and processing of personal data by OneFit Unlimited B.V., Apollolaan 151, 1077 AR, Amsterdam or its respective subsidiaries, licensees or affiliates ("OneFit") in context of the Referral Program.

1) Definitions

Following the example of Art. 4 GDPR, this data protection notice is based on the following definitions:

  • "Personal data" (Art. 4 No. 1 GDPR) is any information relating to an identified or identifiable natural person ("data subject"). A person is identifiable if he or she can be identified directly or indirectly, in particular by means of an association with an identifier such as a name, an identification number, an online identifier, location data or by means of information relating to his or her physical, physiological, genetic, mental, economic, cultural or social identity characteristics. The identifiability can also be given by means of a linkage of such information or other additional knowledge. The origin, form or embodiment of the information is irrelevant (photographs, video or sound recordings may also contain personal data).
  • "Processing" (Art. 4 No. 2 GDPR) means any operation which involves the handling of personal data, whether or not by automated (i.e. technology-based) means. This includes, in particular, the collection (i.e. acquisition), recording, organization, arrangement, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment, combination, restriction, erasure or destruction of personal data, as well as the change of an objective or purpose on which a data processing was originally based.
  • "Controller" (Art. 4 No. 7 GDPR) means the natural or legal person, public authority, agency or other body which alone or jointly with others determines the purposes and means of the processing of personal data.
  • "Third party" (Art. 4 No. 10 GDPR) means any natural or legal person, public authority, agency or other body other than the data subject, the controller, the processor and the persons who, under the direct responsibility of the controller or processor, are authorized to process the personal data; this also includes other group-affiliated legal entities.
  • "Processor" (Art. 4 No. 8 GDPR) is a natural or legal person, authority, institution or other body that processes personal data on behalf of the controller, in particular in accordance with the controller's instructions (e.g. IT service provider). In terms of data protection law, a processor, in particular, is not a third party.
  • "Consent" (Art. 4 No. 11 GDPR) of the data subject means any expression of will given voluntarily for the specific case, in an informed manner and unambiguously in the form of a statement or any other unambiguous confirmatory act by which the data subject indicates that he or she consents to the processing of personal data relating to him or her.

2) Name and address of the controller

The controller of your personal data within the meaning of Article 4 No. 7 GDPR is us:

OneFit Unlimited B.V.
Apollolaan 151
1077 AR, Amsterdam

Link to our contact form: https://help.one.fit/hc/en-us/requests/new
For further information about our company, please refer to the imprint details on our website.

3) Contact details of the data protection officer

If you have any questions on the subject of data protection at our company, our company data protection officer is available to you at any time. His contact details are: info@one.fit

4) Legal basis for data processing

By law, in principle, any processing of personal data is prohibited and only permitted if the data processing falls under one of the following justifications:

  • Art. 6 (1) p. 1 under a GDPR ("consent"): If the data subject has voluntarily, in an informed manner and unambiguously indicated by a statement or other unambiguous confirmatory act that he or she consents to the processing of personal data relating to him or her for one or more specific purposes;
  • Art. 6 (1) p. 1 under b GDPR: If the processing is necessary for the performance of a contract to which the data subject is a party or for the performance of pre-contractual measures taken at the data subject's request;
  • Art. 6 (1) p. 1 under c GDPR: If the processing is necessary for compliance with a legal obligation to which the controller is subject (e.g., a legal obligation to keep records);
  • Art. 6  (1) p. 1 under d GDPR: If the processing is necessary to protect vital interests of the data subject or another natural person;
  • Art. 6 (1) p. 1 under e GDPR: If the processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller; or
  • Art. 6 (1) p. 1 under f GDPR ("Legitimate Interests"): If the processing is necessary to protect legitimate (in particular legal or economic) interests of the controller or a third party, unless the conflicting interests or rights of the data subject override (in particular if the data subject is a minor).

For the processing operations carried out by us, we indicate below the applicable legal basis in each case. A processing operation may also be based on several legal bases.

5) Data erasure and storage period

For the processing operations carried out by us, we indicate below in each case how long the data will be stored by us and when it will be deleted or blocked. Unless an explicit storage period is specified below, your personal data will be deleted or blocked as soon as the purpose or legal basis for the storage no longer applies. In principle, your data will only be stored on our servers in the Netherlands, subject to any transfer that may take place in accordance with the regulations in A. 7) and A. 8).

However, storage may take place beyond the specified time in the event of a (threatened) legal dispute with you or other legal proceedings, or if storage is required by legal regulations to which we are subject as the responsible party. If the storage period prescribed by the legal regulations expires, the personal data will be blocked or deleted unless further storage by us is necessary and there is a legal basis for this.

6) Data security

We use appropriate technical and organizational security measures to protect your data against accidental or intentional manipulation, partial or complete loss, destruction or against unauthorized access by third parties (e.g. TSL encryption for our website), taking into account the state of the art, implementation costs and the nature, scope, context and purpose of the processing, as well as the existing risks of a data breach (including its probability and impact) for the data subject. Our security measures are continuously improved in line with technological developments.
We will be happy to provide you with more detailed information on request. For this purpose, please contact our data protection officer (see under A. 3))

7) Cooperation with processors

As with any larger company, we use external domestic and foreign service providers to process our business transactions (e.g. for IT, logistics, telecommunications, sales and marketing). These service providers only act on our instructions and have been contractually obligated to comply with data protection regulations in accordance with Art. 28 GDPR.
If personal data from you is passed on by us to our subsidiaries or is passed on to us by our subsidiaries (e.g. for advertising purposes), this is done on the basis of existing order processing relationships.

8) Conditions for the transfer of personal data to third countries

In the course of our business relationships, your personal data may be passed on or disclosed to third party companies. These may also be located outside the European Economic Area (EEA), i.e. in third countries. Such processing is carried out exclusively for the fulfillment of contractual and business obligations and to maintain your business relationship with us. We will inform you about the respective details of the transfer below at the relevant points.

Some third countries are certified by the European Commission through so-called adequacy decisions to have data protection comparable to the EEA standard (a list of these countries as well as a copy of the adequacy decisions can be found here: http://ec.europa.eu/justice/data-protection/international-transfers/adequacy/index_en.html). 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 provisions. If this is the case, we ensure that data protection is adequately guaranteed. This is possible through binding company regulations, standard contractual clauses of the European Commission for the protection of personal data, certificates or recognized codes of conduct. Please contact our data protection officer (see under A. 3)) if you would like more information on this.

9) No automated decision making (including profiling)

We do not intend to use any personal data collected from you for any automated decision making process (including profiling).

10) No obligation to provide personal data

We do not make the conclusion of contracts with us dependent on you providing us with personal data in advance. As a customer, you are not under any legal or contractual obligation to provide us with your personal data; however, we may only be able to provide certain services to a limited extent or not at all if you do not provide the necessary data. If this should exceptionally be the case in the context of the products we offer presented below, you will be informed of this separately.

11) Legal obligation to transmit certain data

We may, under certain circumstances, be subject to a specific legal or statutory obligation to provide lawfully processed personal data to third parties, in particular public bodies (Art. 6 para. 1 p. 1 under c GDPR).

12) Your rights

You can assert your rights as a data subject regarding your processed personal data against us at any time using the contact details provided at the beginning under A. 2). As a data subject, you have the right:

  • to request information about your data processed by us in accordance with Art. 15 GDPR. In particular, you can request information about the processing purposes, the category of data, the categories of recipients to whom your data has been or will be disclosed, the planned storage period, the existence of a right to rectification, erasure, restriction of processing or objection, the existence of a right of complaint, the origin of your data if it has not been collected by us, as well as the existence of automated decision-making, including profiling, and, if applicable, meaningful information about its details;
  • in accordance with Art. 16 GDPR, to demand the correction of incorrect data or the completion of your data stored by us without delay;
    pursuant to Art. 17 GDPR, to request the deletion of your data stored by us, unless the processing is necessary for the exercise of the right to freedom of expression and information, for compliance with a legal obligation, for reasons of public interest or for the assertion, exercise or defense of legal claims;
  • pursuant to Art. 18 GDPR, to request the restriction of the processing of your data, insofar as the accuracy of the data is disputed by you or the processing is unlawful;
  • pursuant to Art. 20 GDPR, to receive your data that you have provided to us in a structured, common and machine-readable format or to request the transfer to another controller ("data portability");
  • object to the processing in accordance with Art. 21 GDPR, provided that the processing is based on Art. 6 (1) p. 1 under e or under f GDPR. This is particularly the case if the processing is not necessary for the performance of a contract with you. Unless it is an objection to direct marketing, when exercising such an objection, we ask you to explain the reasons why we should not process your data as we have done. In the event of your justified objection, we will examine the merits of the case and either discontinue or adjust the data processing or show you our compelling legitimate grounds on the basis of which we will continue the processing;
  • in accordance with Article 7 (3) of the GDPR, to revoke your consent given once (also before the GDPR came into force, i.e. before 25.5.2018) - i.e. your voluntary will, made understandable in an informed manner and unambiguously by means of a declaration or other unambiguous confirming act, that you agree to the processing of the personal data in question for one or more specific purposes - at any time vis-à-vis us, if you have given such consent. The consequence of this is that we may no longer continue the data processing based on this consent for the future and
  • complain to a data protection supervisory authority about the processing of your personal data in our company in accordance with Art. 77 GDPR, such as the data protection supervisory authority responsible for us: [Competent data protection supervisory authority], [address], e-mail: [email address].

13) Changes to data protection information

In the context of the further development of data protection law as well as technological or organizational changes, our data protection information is regularly reviewed for the need for adaptation or additions. You will be informed about changes in particular on our website under our Referral Program.

B. Visit the website corporate fitness for small business

1) Explanation of the function
You can obtain information about our company and the services we offer in particular at [https://one.fit] together with the associated pages (hereinafter collectively referred to as the "Websites"). When you visit our Websites, personal data may be processed.
 
2) Processed personal data
When using the contact form, the data transmitted through it are processed, e.g.

  • First name
  • Surname
  • Phone Number
  • e-mail address
  • time of transmission

a. Newsletter
In addition to the purely informational use of our website, we offer a subscription to our newsletter to keep you informed about current developments and news as well as events on company sports and HR topics.

If you subscribe to our newsletter, we use the so-called double opt-in procedure. This means that we will only send you our newsletter by e-mail if you have previously expressly confirmed by e-mail that you would like to receive the newsletter. We will send you an e-mail in which we ask you to confirm that you would like to receive our newsletter by clicking on a link. Subscribing to our newsletter is possible independently of registering for our offer. 

The following "newsletter data" is collected, stored and processed by us:

  • the e-mail address
  • the date and time of registration and confirmation

If you no longer wish to receive our newsletter, you can object to receiving it at any time. To do this, you only need to send us this in writing (e-mail, letter) OneFit, Apollolaan 151, 1077 AR, Amsterdam, Data Protection Officer: info@one.fit.

The basis of the processing is your consent to receive newsletters according to Art. 6 para. 1 under a) GDPR.

We use Hubspot and Airship to send our newsletter.

1. HubSpot
HubSpot is a CRM provider from the USA with a branch in Germany, HubSpot Germany GmbH, Koppenstrasse 93, 10243 Berlin. We use HubSpot for our marketing, lead generation and customer service purposes. This includes email marketing, which manages the sending of newsletters as well as automated mailings, social media publishing and reporting, contact management such as user segmentation and CRM, landing pages and contact forms. HubSpot uses cookies for this purpose, small text files that are stored locally in the cache of your web browser on your terminal device and enable an analysis of your use of the website by us. HubSpot analyzes the information collected (e.g. IP address, geographical location, type of browser, duration of visit and pages viewed) on our behalf so that we can create reports about the visit and the pages visited. Information collected by HubSpot and the content of our website is stored on servers of HubSpot's service providers. Insofar as you have given your consent to this in accordance with Art. 6 (1) p. 1 under a GDPR, the processing on this website is for the purpose of website analysis. Since HubSpot in have their headquarters outside of Europe and a transfer of personal data to the USA takes place, further protection mechanisms are required to ensure the level of data protection of the GDPR. To ensure this, we have agreed standard data protection clauses with the provider in accordance with Art. 46 (2) under c GDPR. These oblige the recipient of the data in the USA to process the data in accordance with the level of protection in Europe. In cases where this cannot be ensured even by this contractual extension, we endeavor to obtain additional regulations and commitments from the recipient in the USA. The data is deleted as soon as it is no longer required to achieve the purpose for which it was collected. You can permanently object to the collection of data by HubSpot and the setting of cookies by preventing the storage of cookies accordingly through your browser settings. You can object to the processing of your personal data at any time with effect for the future. You can learn more about the data processed through the use of Hubspot in the Privacy Policy at https://legal.hubspot.com/privacy-policy.

2. Airship
Airship is a so-called "customer engagement platform" of the provider Urban Airship Group, Inc (1225 W Burnside St #401, Portland, OR 97209, hereinafter: "Airship").  The data collected during registration is transmitted to Airship and stored there. In addition, Airship provides extensive analytics about how our newsletters are opened and used. These analyses are group-related and are not used by us for individual evaluation. An "Unsubscribe" link is provided in every email message sent via Airship so that you can unsubscribe from the newsletter at any time. You may also indicate your consent to receive our newsletter by sending a message to the contact information above. Airship may also use Google Analytics and Google Analytics Demographics and Interest Reporting, as well as other similar providers, to collect information about user behavior so that we can develop the content of the website accordingly. For more information about Google Analytics, please visit www.google.com/policies/privacy/partners/. You may opt-out of Google's collection and processing of data generated by your use of our services by clicking on the following link: http://tools.google.com/dlpage/gaoptout. You may also opt out of Airship's analytics partners by setting or changing your preferences using the "Cookie Settings" link at the bottom of the subpage you visit. For more information about Airship's privacy practices, please visit https://www.airship.com/legal/privacy/.

b. CRM systems
We use the HubSpot and Pipedrive customer relationship management (CRM) systems on our website.

1. HubSpot
HubSpot is a CRM provider from the USA with a branch in Germany, HubSpot Germany GmbH, Koppenstrasse 93, 10243 Berlin. We use HubSpot for our marketing, lead generation and customer service purposes. This includes email marketing, which manages the sending of newsletters as well as automated mailings, social media publishing and reporting, contact management such as user segmentation and CRM, landing pages and contact forms. HubSpot uses cookies for this purpose, small text files that are stored locally in the cache of your web browser on your terminal device and enable an analysis of your use of the website by us. HubSpot analyzes the information collected (e.g. IP address, geographical location, type of browser, duration of visit and pages viewed) on our behalf so that we can create reports about the visit and the pages visited. Information collected by HubSpot and the content of our website is stored on servers of HubSpot's service providers. Insofar as you have given your consent to this in accordance with Art. 6 (1) p. 1 under a GDPR, the processing on this website is for the purpose of website analysis. Since HubSpot in have their headquarters outside of Europe and a transfer of personal data to the USA takes place, further protection mechanisms are required to ensure the level of data protection of the GDPR. To ensure this, we have agreed standard data protection clauses with the provider in accordance with Art. 46 (2) under c GDPR. These oblige the recipient of the data in the USA to process the data in accordance with the level of protection in Europe. In cases where this cannot be ensured even by this contractual extension, we endeavor to obtain additional regulations and commitments from the recipient in the USA. The data is deleted as soon as it is no longer required to achieve the purpose for which it was collected. You can permanently object to the collection of data by HubSpot and the setting of cookies by preventing the storage of cookies accordingly through your browser settings. You can object to the processing of your personal data at any time with effect for the future. You can learn more about the data processed through the use of Hubspot in the Privacy Policy at https://legal.hubspot.com/privacy-policy.

2. Pipedrive
Pipedrive is a CRM provider from the USA with a branch in Germany, Pipedrive Germany GmbH, Julie-Wolfthorn-Straße 1, 10115 Berlin, Germany. As Pipedrive have their headquarters outside of Europe and a transfer of personal data to the USA takes place, further protection mechanisms are required to ensure the level of data protection of the GDPR. To ensure this, we have agreed standard data protection clauses with the provider in accordance with Art. 46 (2) under c GDPR. These oblige the recipient of the data in the USA to process the data in accordance with the level of protection in Europe. In cases where this cannot be ensured even by this contractual extension, we endeavor to obtain additional regulations and commitments from the recipient in the USA. The data will be deleted as soon as it is no longer required to achieve the purpose for which it was collected. You can permanently object to the collection of data by Pipedrive and the setting of cookies by preventing the storage of cookies accordingly through your browser settings. You can object to the processing of your personal data at any time with effect for the future. You can find out more about the data processed through the use of Pipedrive in the Privacy Policy at https://www.pipedrive.com/en/privacy.

3) Purpose and legal basis of data processing
We process the personal data specified above in accordance with the provisions of the GDPR, the other relevant data protection regulations and only to the extent necessary. Insofar as the processing of personal data is based on Art. 6 (1) p. 1 under f GDPR, the aforementioned purposes also represent our legitimate interests.

Contact form data is processed for the conclusion of a cooperation agreement (legal basis is Art. 6 para. 1 p. 1 under b GDPR).
 
Newsletter data is processed for the purpose of sending the newsletter. In the course of registering for our newsletter, you consent to the processing of your personal data (legal basis is Art. 6 para. 1 under a GDPR). For the registration to our newsletter, we use the so-called double opt-in procedure. This means that after your registration, we will send you an e-mail to the e-mail address you provided, in which we ask you to confirm that you wish to receive the newsletter. The purpose of this procedure is to be able to prove your registration and, if necessary, to clarify a possible misuse of your personal data. You can revoke your consent to the sending of the newsletter at any time and unsubscribe from the newsletter. You can declare the revocation by clicking on the link provided in every newsletter e-mail.
 
4) Duration of data processing
Your data will only be processed for as long as is necessary to achieve the above-mentioned processing purposes; for this purpose, the legal bases stated in the context of the processing purposes apply accordingly. With regard to the use and storage duration of cookies, please refer to point A. 5).
Third parties used by us will store your data on their system for as long as is necessary in connection with the provision of services for us in accordance with the respective order.

For more details on the storage period, please refer to A. 5).
 
5) Transfer of personal data to third parties; justification basis
The following categories of recipients, which are usually order processors (see A. 7)), may receive access to your personal data:

  • Service providers for the operation of our website and the processing of data stored or transmitted by the systems (e.g. for data center services, payment processing, IT security). The legal basis for the transfer is then Art. 6 para. 1 p. 1 under b or under f GDPR, insofar as these are not order processors;
  • Government agencies/authorities, insofar as this is necessary for the fulfillment of a legal obligation. The legal basis for the transfer is then Art. 6 para. 1 p. 1 under c GDPR;
  • Persons employed to carry out our business operations (e.g. auditors, banks, insurance companies, legal advisors, supervisory authorities, parties involved in company acquisitions or the establishment of joint ventures). The legal basis for the disclosure is then Art. 6 para. 1 sentence 1 under b or under f GDPR.

For the guarantees of an adequate level of data protection in the event of a transfer of data to third countries, see A. 8). 
In addition, we will only share your personal data with third parties if you have given your express consent to do so in accordance with Art. 6 (1) sentence 1 under a GDPR. 

6) Use of cookies, plugins and other services on our website

a. Cookies
We use cookies on our websites. Cookies are small text files that are assigned to the browser you are using and stored on your hard drive by means of a characteristic string of characters, and through which certain information flows to the entity that sets the cookie. Cookies cannot execute programs or transfer viruses to your computer and therefore cannot cause any damage. They serve to make the Internet offer as a whole more user-friendly and effective, i.e. more pleasant for you.
Cookies can contain data that make it possible to recognize the device used. In some cases, however, cookies only contain information on certain settings that cannot be related to a specific person. However, cookies cannot directly identify a user. 
A distinction is made between session cookies, which are deleted as soon as you close your browser, and permanent cookies, which are stored beyond the individual session. With regard to their function, a distinction is made between cookies:
 
Technical cookies: these are mandatory in order to navigate the website, use basic functions and ensure the security of the website; they do not collect information about you for marketing purposes, nor do they store which web pages you have visited;
Performance cookies: these collect information about how you use our website, which pages you visit and, for example, whether errors occur during website use; they do not collect information that could identify you - all information collected is anonymous and is only used to improve our website and find out what interests our users;
Advertising cookies, targeting cookies: these are used to provide the website user with tailored advertising on the website or offers from third parties and to measure the effectiveness of these offers; advertising and targeting cookies are stored for a maximum of 13 months;
Sharing cookies: these are used to improve the interactivity of our website with other services (e.g. social networks); sharing cookies are stored for a maximum of 13 months.
    
Any use of cookies that is not absolutely technically necessary constitutes data processing that is only permitted with your explicit and active consent pursuant to Art. 6 (1) p. 1 under a GDPR. This applies in particular to the use of advertising, targeting or sharing cookies. In addition, we will only share your personal data processed through cookies with third parties if you have given your explicit consent to do so pursuant to Art. 6 (1) p. 1 under a GDPR.
 
b. Cookies used
The following cookies may be set by our advertising partners via our website. They can be used by these companies to create a profile of your interests and show you relevant advertising on other websites. They do not directly store personal data, but are based on a unique identification of your browser and internet device. Do not allow these cookies and you will receive less personalized advertising.

  • Google Analytics
  • Google Tag Manager

c. Social media plugins
We do not use social media plugins on our websites. If our websites contain icons of social media providers (e.g. [name of social media providers with icons on the company's website]), we only use them to passively link to the pages of the respective providers.

 
Last update: 20 January 2023