Privacy Policy

Last amended Oktober 16, 2018.

The protection of your personal data is of paramount importance to us. Your data will be processed by us on the basis of the statutory provisions (General Data Protection Regulation No. 2016/679 – hereinafter referred to as the GDPR and the Austrian Data Protection Act – hereinafter referred to as the DSG).

  1. Controller
    The data controller within the meaning of Art. 4, para. 7 GDPR is the operator of the www.breathball.com website:
    Breath Ball – Michael Holl, Zeppelinring 47, 88400 Biberach an der Riss, Germany (hereinafter also referred to as “we, us, our”). Further contact details can be found in the website’s legal notice. There you will also find all the necessary contact details for asserting your rights (point 6.).

  2. Personal data
    We process personal data that you, as a user of our website, provide us by visiting our website or by registering for our newsletter, such as: your name, email address, IP address; not all of these data types are collected in every case. No sensitive data per Art. 9 GDPR is collected by us.
  3. Processing of personal data

    We use your personal data primarily to fulfill our contractual obligations or to implement measures designed to lead to a contract per Art. 6 para. 1 lit. b GDPR. These purposes cannot be met without processing the data requested or collected. Furthermore, the processing is carried out to safeguard our legitimate interests or the legitimate interests of third parties per Art. 6 para. 1 lit. f GDPR, in particular to ensure the secure operation of the website, requirements management, direct marketing in analogue and digital form, marketing to existing customers and the advertisement of our own products and services, statistical evaluation, as well as improving our range of services and their quality. (See point 6 for details on revoking your consent.)
    We will only process your personal data to the extent allowed under GDPR. As a rule, your personal data will not be transferred to third parties. Excluded from this is its use for statistical and similar purposes; however, no personal data is transmitted for this purpose, but only anonymized data which does not permit identification of a natural person and cannot be assigned to a specific natural person (see also point 8.).

  4. Data security
    The protection of your personal data takes place through various organizational and technical measures, such as protection against unauthorized access and technical data security measures. Please note, however, that despite these efforts, we cannot completely prevent any data which you disclose via the internet from potentially being viewed or used by other persons. We therefore cannot accept any liability or responsibility for errors in data transmission or unauthorized access by third parties (e.g. hacker attacks, spyware, malware etc).

  5. Retention of personal information
    We will only store your personal data for as long as is necessary to fulfill contractual or legal obligations (such storage obligations may arise in particular from tax regulations or regulations on product liability). If this necessity no longer exists, the data will be deleted.

  6. Information, deletion, right of appeal
    Subject to any existing statutory confidentiality obligations, you have the right at any time to obtain information about any personal data related to you and stored on our servers, its origin, the purpose of its processing, and any recipients to which has been or will be disclosed. Furthermore, you have the right to demand the correction or transfer of your data, restrict its processing, block or delete it if it is inaccurate or if the basis for its processing no longer applies. You also have the opportunity to object to the processing of your personal data if you have a legitimate interest per Art. 6 para. 1 lit. f GDPR.
    We ask you to address all these claims to the following address: michael@breathball.com. We do point out that such objection shall not affect the permission to process your personal data on the basis of other grounds per Art. 6 GDPR.
    If you consider the processing of your data to be in breach of applicable data protection regulations or that your privacy rights have otherwise been violated in any way, you may lodge a complaint with the competent supervisory authority per Art. 77 GDPR.

  7. Use of cookies
    In order to design a website to meet your needs and to collect certain information, we use various technologies, including cookies. Cookies serve to simplify Internet usage and communication. Cookies are text files that our web pages send to your browser and that are stored on your computer for purposes of anonymous identification. The purpose of these cookies is, for example, to better monitor the connection during your visit to our website and to provide more effective support when you visit our website again. Without such interim storage, data that has already been provided would have to be entered again for some applications. A cookie only contains data that a server issues or/and that the user enters on request, such as domain, path, expiration date, cookie name ,and value). Cookies therefore contain purely technical information and no personally identifiable data. Cookies also cannot spy on the user’s hard drive, cause damage, etc.
    The following types of cookies may be used:
    – Session cookies: These are automatically deleted when the internet browser is closed.
    – Persistent cookies: These remain stored on your computer for a certain period of time, depending on the stored expiration date.
    – Third-party cookies: In particular, these may also contain cookies from various social media platforms (such as Facebook, Twitter, You Tube, Instagram, Pinterest, Flickr, etc.) or other internet service providers (such as Google). These cookies collect information such as your length of stay, hits, links clicked, etc. They are used, for example, to display certain advertising content resulting from search processes, visited websites, and the like. These cookies cannot be read by us.
    If you wish, you can generally suppress the storage of cookies through your web browser preferences, which will allow you to decide whether or not you wish them to be stored. However, we would like to point out that if you block cookies, some pages may no longer be displayed correctly or properly used.

  8. Analytical tools
    This website uses Google Analytics, a web analytics service provided by Google Inc. (Google). Google Analytics uses so-called cookies, which are text files stored on your computer that enable the analysis of your usage of the website. The information generated by the cookie about your use of this website is usually transferred to a Google server in the US and stored there. However, if IP anonymization is enabled on this website, your IP address will first be truncated by Google within the member states of the European Union or other states party to the agreement on the European Economic Area. Only in exceptional cases is the full IP address sent to a Google server in the US and truncated 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. The IP address provided by your browser as part of Google Analytics will not be combined with other data from Google. You can prevent the use of cookies by selecting the appropriate settings on your browser; however, we should like to point out that if you do this, you may not be able to access all functions provided on 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: http://tools.google.com/dlpage/gaoptout?hl=en
    You can prevent the collection of your data by Google Analytics by clicking on the corresponding link provided by Google.

  9. Newsletter
    You have the option of subscribing to our newsletter via the app. This is, of course, on a voluntary basis and can be revoked at any time. For inclusion in our newsletter database, we require your email address and your declaration that you agree to receive the newsletter. You can unsubscribe from the newsletter at any time; please use the following address to unsubscribe: michael@breathball.com, or click on the unsubscribe link contained in each issue of the newsletter.

  10. Reference
    We offer various mobile applications (“apps”) for download in app stores and would be pleased if you download and use them. Please note that our terms of use and privacy policy apply to the use of these apps; said policies will be provided to you when you download the app.

  11. Subject to change
    We reserve the right to amend this privacy policy as necessary, for example to reflect legal changes related to data protection requirements. The future use of our website will then be subject to the adapted / amended data protection provisions. We therefore recommend that you consult them from time to time.

If any of the terms is or shall become illegal, invalid, or ineffective, this shall not affect the validity of the remaining provisions. Unless the parties have agreed otherwise, this provision shall be replaced by a regulation which is effective and which, as far as possible, meets the commercial purpose of the provision and intention of the parties for concluding this contract.