Legal advice from SBS-Legal lawyers
As the leading law firm in MLM law, SBS-Legal Rechtsanwälte support and secure the sales development of VITANA-X Europe AG in sales and commercial law with their proven specialist expertise. SBS-Legal Rechtsanwälte Schulenberg & Partner represented by the partners Stephan R. Schulenberg and André Schenk LL.M.Eur., Hans-Henny-Jahnn-Weg 49, 22085 Hamburg, www.sbs-legal.de
The protection of your personal data is of particular concern to us. We therefore process your data exclusively on the basis of the statutory provisions and in compliance with the relevant data protection regulations. Below you will find information on what data is collected when you visit or use our website and as part of a contractual relationship as a sales partner and how it is used, processed or passed on.
Responsible body in terms of data protection law:
Vitana-X Europe AG
CH-6340 Baar, Switzerland
For the assertion of rights in the context of data protection or for questions regarding the use, collection or processing of your personal data, please contact our data protection officer:
SBS DATA Protect GmbH, Hans-Henny-Jahnn-Weg 49, 22085 Hamburg, Mail: firstname.lastname@example.org
For the assertion of the rights named in this data protection declaration or for questions about the use, collection or processing of personal data, the customer contacts the data protection officer named above.
VITANA-X, as the body responsible in accordance with data protection regulations, is committed to protecting the personal data and privacy of its customers and treating them confidentially. The collection, storage, modification, transmission, blocking, deletion and use of personal data are based on the applicable legal provisions, in particular the General Data Protection Regulation (GDPR).
At VITANA-X, customer data are protected by technical and organizational security measures against access by unauthorized persons, accidental or intentional manipulation, destruction or loss.
1. Access data
When using the website for information purposes, VITANA-X only collects the personal data that the customer's browser transmits to the VITANA-X server. If the customer wishes to view the VITANA-X website, VITANA-X collects the following data, which is technically necessary to display the website to the customer and to ensure stability and security:
Date and time of the request
Time zone difference to Greenwich Mean Time (GMT)
Content of the request (specific page)
Access status / HTTP status code
amount of data transferred in each case
Website from which the request comes
Operating system and its surface
Language and version of the browser software
However, the web server stores this data separately from other data, VITANA-X is not able to assign this data to a specific person.
This data processing is based on Art. 6 Para. 1 S.1 lit. f GDPR to protect the legitimate interests of VITANA-X, namely the optimization of the offer.
In addition to the aforementioned data, cookies are stored on the customer's computer when using the website. Cookies are small text files that are stored on the hard drive assigned to the browser used by the customer and through which certain information flows to the location that sets the cookie. Cookies cannot run programs or transmit viruses to your computer. They serve to make the Internet offer more user-friendly and effective overall.
The VITANA-X website uses the following types of cookies, the scope and functionality of which are explained below:
a) Transient cookies are automatically deleted when you close the browser. This includes session cookies in particular. These store a so-called session ID, with which various requests from your browser can be assigned to the joint session. This enables your computer to be recognized when you return to our website. The session cookies are deleted when you log out.
b) Persistent cookies are automatically deleted after a specified period, which may differ depending on the cookie. You can delete the cookies in the security settings of your browser at any time.
c) Flash cookies are not recorded by your browser, but by your Flash plug-in. These objects store the required data regardless of the browser you use and do not have an automatic expiry date.
d) Third party cookies are not set by VITANA-X but by a third party. Third-party cookies are created, for example, by the services of Google Analytics, which are integrated into the VITANA-X website. These third party cookies are generated by integrated plugins or technologies of the corresponding organizations. VITANA-X has no influence on the cookies and privacy settings of these services or organizations and expressly points out that the third-party services used are solely subject to their respective cookie and data protection guidelines.
You can find cookie information from the following third-party services at these links:
The customer can configure his browser settings according to his wishes and refuse to accept cookies. If the customer does not want the flash cookies to be processed, they must install a corresponding add-on, e.g. B. "Better Privacy" for Mozilla Firefox (https://addons.mozilla.org/de/firefox/addon/betterprivacy/) or the Adobe Flash Killer cookie for Google Chrome. The customer can prevent the use of HTML5 storage objects by using the private mode in his browser. VITANA-X also recommends that you manually delete cookies and the browser history on a regular basis. VITANA-X points out that by deactivating cookies, not all functions of this website can be used.
This data processing is based on Art. 6 Para. 1 S.1 lit. f GDPR to protect the legitimate interests of VITANA-X, namely the optimization of the offer.
3. Collection and use of personal data for contact requests
If you contact VITANA-X by email or via the contact form, the data provided (your email address and your name) will be saved by VITANA-X in order to answer the questions. VITANA-X deletes the data arising in this context after the storage is no longer necessary, for example when the matter has been resolved. Otherwise processing will be restricted if there are statutory retention requirements.
This data processing takes place on the basis of Art. 6 Para. 1 S.1 lit. a GDPR in connection with the consent given by the customer.
4. Data processing with regard to customers when concluding a contract and paying
The following personal data is stored when ordering products:
4. telephone number,
5. fax number,
6. Email address,
7. Possibly a different delivery address,
8. Possibly an existing VAT ID number
9. Credit card, bank and transfer data.
VITANA-X uses this data exclusively for the purpose of executing the contract and the necessary communication with customers. This includes initiating, concluding, processing, guaranteeing and, if necessary, reversing the contract. The data will be stored until the contract has been fully implemented. Insofar as there are trade and tax retention periods, the duration of the storage can be up to 10 years.
This data processing is based on Art. 6 Para. 1 S. 1 lit. b GDPR for the implementation of the contract. The legal basis for further storage for tax and commercial law reasons is the necessity according to the law according to Art. 6 para. 1 sentence 1 lit. c GDPR.
5. Data processing with regard to sales partners
To conclude and execute a contract as a sales partner, we need the following personal data from you:
Salutation, last name, first name, address, date of birth, email address, telephone number, fax number, IBAN and BIC, company name, tax number, VAT ID number.
This information is required to establish and execute the contract as a sales partner, in particular to process commission payments. The legal basis for the processing of this data is Art. 6 Para. 1 S. 1 lit. b GDPR.
As a sales partner, you have access to the back office. In this back office you will receive an overview of the orders that you have initiated. To do this, you will see the following information about the people who made you order:
Order number, order date, career position, last name, first name, email, net value of the orders of the previous month, time of the last online activity. This information is necessary for the calculation and traceability of commission claims. The legal basis for the processing of this data is Art. 6 Para. 1 S. 1 lit. b GDPR.
You can also see a team overview in the back office. There you will find information about the sales partners you have recruited in your downline. The following information is displayed:
Career position, last name, first name, net value of orders of the previous month, time of last online activity. This information is necessary for the calculation and traceability of the commission claims. The legal basis for the processing of this data is Art. 6 Para. 1 S. 1 lit. b GDPR.
6. Data transmission
VITANA-X only passes on personal data to the extent that this is necessary to carry out the contract or to safeguard the legitimate interests of VITANA-X. VITANA-X uses external service providers (contract processors) to carry out the contract. Separate order data processing contracts have been concluded with the service providers to ensure the protection of personal data.
For the execution of the delivery, the customer's first name, last name, address, email address and telephone number are forwarded to the shipping company. This data transfer takes place to fulfill the contractual relationship with you as a customer. The legal basis for this data processing is Art. 6 Para. 1 S. 1 lit. b GDPR.
For payment processing, the customer's payment data, namely first name, last name, address, email address, telephone number, are forwarded to the respective payment provider. The data protection provisions of the respective payment provider also apply. This data processing takes place to carry out the contractual relationship with you as a customer or based on the consent you have given. The legal basis for this data processing is Art. 6 para. 1 sentence 1 lit. a or lit. b GDPR.
To calculate the difference commission of the sales partners from your up-line, the information listed above regarding your orders and your team overview are also displayed to the sales partners in whose down-line you are. The sales partners receive the following information from their Up-Line:
Career position, last name, first name, email, net value of orders of the previous month, time of last online activity. This information is required for the calculation and traceability of the difference commission of your up-line. The legal basis for the processing of this data is Art. 6 Para. 1 S. 1 lit. b GDPR.
For payment processing, the payment details of the sales partners, namely first name, last name, address, email address, telephone number, date of birth, IBAN and BIC are forwarded to credit institutions or payment intermediaries.
To process our accounting, we pass on personal data, namely first name, last name, address, email address and telephone number of the sales partners in connection with customer orders and commission statements, to our external accounting service provider.
The data is transmitted to the service providers mentioned to carry out the contractual relationship with you as a sales partner. The legal basis for this data processing is Art. 6 Para. 1 S. 1 lit. b GDPR.
7. Use of the data for advertising purposes, newsletter
VITANA-X uses personal customer data in order to send customers a newsletter only if the customers have given their prior consent.
The newsletter is sent by the Clickfunnels tool from Etison LLC, 1860 W. Lakes Place, Meridian, Idaho 83646, USA (hereinafter: Clickfunnels).
The only mandatory information for sending the newsletter is the email address. The provision of further, separately marked data is voluntary and is used to address the customer personally. After confirmation, VITANA-X saves the customer's email address for the purpose of sending the newsletter.
VITANA-X evaluates the user behavior of the user when the newsletter is sent. For this evaluation, the emails sent contain so-called web beacons or tracking pixels, which represent one-pixel image files that are stored on the VITANA-X website. For the evaluations, the data provided by the user and the web beacons are linked to the email address and an individual ID of the user. The data is only collected in a pseudonymized form, so the IDs are not linked to the other personal data of the user. The user can object to this tracking at any time by clicking on the separate link provided in each email or by informing VITANA-X via another contact method. The information is stored as long as the user has subscribed to the newsletter. After logging off, VITANA-X stores the data purely statistically and anonymously.
The customer can revoke the consent to the sending of the newsletter at any time and unsubscribe from the newsletter. The customer can revoke the consent by clicking on the link provided in each newsletter email, using the form on the VITANA-X website, or by email email@example.com to explain.
This data processing is based on the consent given, the legal basis is Art. 6 Para. 1 S. 1 lit. a GDPR.
8. Use of Google Analytics
VITANA-X uses Google Analytics, a web analytics service provided by Google LLC ("Google"). Google Analytics uses so-called "cookies", text files that are stored on the customer's computer and that enable an analysis of the use of the website by the customer. The information generated by the cookie about the use of this website is usually transmitted to a Google server in the USA and stored there. If IP anonymization is activated on this website, the customer IP address will be shortened by Google beforehand within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. The full IP address is only transferred to a Google server in the USA and abbreviated there in exceptional cases. On behalf of VITANA-X, Google will use this information to evaluate customer use of the website, to compile reports on website activity and to provide other services related to VITANA-X and website and internet use.
The IP address transmitted by the customer's browser as part of Google Analytics will not be merged with other Google data.
The customer can prevent the storage of cookies by making the appropriate setting in his browser software; However, VITANA-X points out that in this case the customer may not be able to use all functions of this website to their full extent. The customer can also prevent Google from collecting the data generated by the cookie and relating to its use of the website (including your IP address) and from processing this data by Google by using the browser plug available under the following link -Downloads and installs: http://tools.google.com/dlpage/gaoptout?hl=de.
Alternatively, the customer can prevent Google Analytics from collecting data by clicking on the following link. An opt-out cookie is set that prevents the future collection of your data when you visit this website:
"Opt-out cookie" for Google Analytics
Please note that if you delete the cookies in your browser settings, this may result in the opt-out cookie also being deleted and possibly having to be reactivated by you.
The VITANA-X website uses Google Analytics with the "anonymizeIp ()" extension. As a result, IP addresses are processed in abbreviated form, so that they cannot be linked to a person. As far as the data collected about the customer is personal, it is immediately excluded and the personal data is deleted immediately.
VITANA-X uses Google Analytics to analyze and regularly improve the use of its website. VITANA-X can use the statistics obtained to improve its offer and make it more interesting for the user. For the exceptional cases in which personal data are transferred to the USA, Google has submitted to the EU-US Privacy Shield, https://www.privacyshield.gov/EU-US-Framework.
http://www.google.com/analytics/terms/de.html, overview of data protection: http://www.google.com/intl/de/analytics/learn/privacy.html, as well as the data protection declaration: http: //www.google.de/intl/de/policies/privacy.
This website also uses Google Analytics for a cross-device analysis of visitor flows, which is carried out via a user ID. The customer can deactivate the cross-device analysis of his usage in his customer account under "My data", "Personal data".
This data processing is carried out for the purpose of pursuing the legitimate interest of VITANA-X, namely to optimize its offer. The legal basis is Art. 6 para. 1 sentence 1 lit. f GDPR.
9. Integration of plug-ins and tools
We use social media plug-ins (hereinafter: plug-ins) from these providers:
Facebook, YouTube, Instagram, Twitter.
We use the so-called two-click solution. This means that when you visit our website, no personal data is initially passed on to the plug-in providers. You can recognize the provider of the plug-in by the marking on the box above its initial letter or the logo. We give you the opportunity to communicate directly with the provider of the plug-in using the button. The plug-in provider only receives the information that you have called up the corresponding website of our online offer if you click on the marked field and thereby activate it. By activating the plug-in, personal data is transmitted from you to the respective plug-in provider and stored there (for US providers in the USA). Since the plug-in provider collects data in particular using cookies, we recommend that you delete all cookies via the security settings of your browser before clicking on the greyed-out box.
We have no influence on the data collected and data processing operations, nor are we aware of the full scope of data collection, the purposes of processing, the storage periods. We also have no information on the deletion of the data collected by the plug-in provider.
The plug-in provider stores the data collected about you as usage profiles and uses them for the purposes of advertising, market research and / or to design its website in line with requirements. Such an evaluation is carried out in particular (also for users who are not logged in) to display needs-based advertising and to inform other users of the social network about your activities on our website. You have the right to object to the creation of these user profiles, whereby you must contact the respective plug-in provider to exercise this right. With the plug-ins, we offer you the opportunity to interact with social networks and other users, so that we can improve our offer and make it more interesting for you as a user.
The data is passed on regardless of whether you have an account with the plug-in provider and are logged in there. If you are logged in with the plug-in provider, your data collected from us will be assigned directly to your account with the plug-in provider. If you press the activated button and e.g. For example, if the page is linked, the plug-in provider also stores this information in your user account and shares it publicly with your contacts. We recommend that you log out regularly after using a social network, but especially before activating the button, as this way you can avoid being assigned to your profile by the plug-in provider.
Further information on the purpose and scope of the data collection and its processing by the plug-in provider can be found in the data protection declarations of these providers given below. There you will also find further information on your rights and setting options to protect your privacy:
YouTube LLC, 901 Cherry Avenue, San Bruno, CA 94066, USA. YouTube is a subsidiary of Google LLC, which has submitted to the EU-US Privacy Shield, https://www.privacyshield.gov/EU-US-Framework
Instagram Inc., 1601 Willow Road, Menlo Park, CA, 94025, USA; The customer can find further information on this in Instagram's data protection declaration: http://instagram.com/about/legal/privacy/ ; Instagram has submitted to the EU-US Privacy Shield, www.privacyshield.gov/EU-US-Framework
Twitter Inc., 795 Folsom St., Suite 600, San Francisco, CA 94107, USA; Further information can be found in Twitter's data protection declaration at http://twitter.com/privacy ; Twitter Inc. is committed to the principles of the EU-US Privacy Shield. You can find more information at: https://www.privacyshield.gov/participant?id=a2zt0000000TORzAAOu0026amp;status=Active
Facebook Ireland Ltd., 4 Grand Canal Square Grand Canal Harbor, Dublin 2, Ireland; Facebook Inc., the US parent company of Facebook Ireland Ltd., is certified under the EU-US Privacy Shield and is therefore committed to complying with the requirements of European data protection law. Further information on Facebook's Privacy Shield status can be found here: https://www.privacyshield.gov/participant?id=a2zt0000000GnywAACu0026amp;status=Active. You can find Facebook's complete data guidelines here: https://de-de.facebook.com/full_data_use_policy
This data processing is based on Art. 6 Para. 1 S. 1 lit. a GDPR based on your given consent and on the basis of Art. 6 Para. 1 S.1 lit. f GDPR to protect the legitimate interests of VITANA-X, namely the optimization of the offer.
10. Facebook fan page
VITANA-X uses the technical platform and the services of Facebook Ireland Ltd., 4 Grand Canal Square Grand Canal Harbor, Dublin 2, Ireland ("Facebook") for the information service offered here.
According to the CJEU, there is a joint responsibility within the meaning of Art. 26 GDPR between Facebook and the operator of a Facebook fan page for the personal data processed via the Facebook fan page. For this reason, Facebook and VITANA-X have concluded an agreement on shared responsibility, which you can access here.
VITANA-X provides the following information on data processing on our Facebook fan page:
(1) Responsible persons
The processing of your personal data on the Facebook fan page of VITANA-X is carried out jointly with:
Facebook Ireland Ltd., 4 Grand Canal Square Grand Canal Harbor, Dublin 2, Ireland
(2) data processing
When accessing a Facebook fan page, the IP address of your end device is transmitted to Facebook. According to Facebook, this IP address is anonymized and deleted after 90 days, at least as far as it is a German IP address. In addition, Facebook stores further information about the end devices of its users, for example the internet browser used. Facebook may be able to assign IP addresses to individual users. If you are logged into your Facebook account while visiting our fan page, there is a cookie with your Facebook ID on your end device. Thanks to this cookie, Facebook can understand that you have visited our fan page and how you have used it. Facebook uses this information to present you with customized content or advertising.
If you do not want this, you should log out of your Facebook account or deactivate the "stay logged in" function. We also recommend deleting the cookies on your device and closing and restarting your browser. This process deletes Facebook information that Facebook can use to link you.
However, if you want to use the interactive functions of our fan page, you would have to log in to Facebook again with your Facebook login information. This also enables Facebook to link to you again.
How Facebook uses the data from the visit to Facebook pages for its own purposes, to what extent activities on the Facebook page are assigned to individual users, how long Facebook stores this data and whether data from a visit to the Facebook page to third parties will not be passed on by Facebook conclusively and is not known to us. As a user of our fan page, we can only refer you to the information provided by Facebook regarding data protection.
The data collected about you in this context is processed by Facebook and, if necessary, transferred to countries outside the European Union.
Facebook describes in general terms what information Facebook receives and how it is used in its data usage guidelines. There you will also find information about contact options for Facebook and the setting options for advertisements. The data usage guidelines are available at the following link: http://de-de.facebook.com/about/privacy
You can find Facebook's complete data guidelines here:
Opposition options (so-called opt-out) can be set here: https://www.facebook.com/settings?tab=ads and here http://www.youronlinechoices.com
Facebook Inc., the US parent company of Facebook Ireland Ltd., is certified under the EU-US Privacy Shield and is therefore committed to complying with the requirements of European data protection law. Further information on Facebook's Privacy Shield status can be found here: https://www.privacyshield.gov/participant?id=a2zt0000000GnywAACu0026amp;status=Active.
The transmission and further processing of users' personal data in third countries, such as the USA, and the associated possible risks for you as a user cannot be assessed by us as the operator of the Facebook fan page.
(3) Insight function
Facebook also provides a series of statistical data for SBS-Legal as a fan page operator as part of the so-called "Insights" function. These statistics are generated and provided by Facebook. We as the operator of the fan page have no influence on the generation, in particular we cannot prevent this function. As part of the "Insights" function, we are shown the following information for the categories "Fans", "Subscribers", "Reached People" and "Interacting People":
Page activities such as page views, page preview, actions on the page; Reach activities such as "Likes", Reached people and recommendations, Contribution activities such as contribution interactions, video views, comments, shared content.
Facebook provides more information on this at the following link:
VITANA-X uses this data, which is available in aggregate form, to make contributions and activities on the fan page more attractive to users, such as for the content and time planning of contributions. The legal basis for this data processing is Art. 6 para. 1 sentence 1 lit. f GDPR, namely our legitimate interest in optimizing our offer.
(4) Storage period
We only save the information transmitted by Facebook as long as your interest in deletion or anonymization does not outweigh yours.
If you no longer want the data processing described here in the future, then please use the functions "I do not like this page anymore" and / or "Do not subscribe to this page" to cancel the connection of your user profile to our fan page.
(5) Your rights as a data subject
We recommend that you direct any inquiries or other questions regarding your rights listed at the end of this data protection declaration to Facebook, as only Facebook has full access to the user data. If you still send your request to us, it will of course be processed and forwarded to Facebook.
11. Rights of those affected
Data subjects have the right to:
- Information about the processing of your data
Correction or deletion of your data
Restriction of processing
- Objection to processing
Revocation of your given consent with future effect
-Complaint to the data protection supervisory authority
A list of all supervisory authorities for Germany can be found here https://www.bfdi.bund.de/DE/Infothek/Anschriften_Links/anschriften_links-node.html
Austrian data protection authority:
12. Changes to the data protection declaration
We reserve the right to change the data protection declaration in order to adapt it to changes in the legal situation or changes to our offers.
We hope that this information will help you to exercise your rights. If you would like more information on data protection regulations, we are at your disposal.
Status of data protection declaration: 05.09.2019