Privacy Policy / data protection declaration

The CYBEROBICS GmbH, Saarbrücker Straße 38, 10405 Berlin, Germany (hereinafter: “CYBEROBICS“ or ”we“) is the provider of the website www.cyberobics.com and of external online presence, e.g. our social media profiles (hereinafter collectively referred to as “Online Offer”). We want you to feel comfortable on our website. The protection of your privacy and of your personal rights is very important to us. We therefore ask you to read the information about the functions of our website carefully.

In the following data protection declaration, we like to inform you about the nature, scope and purpose of the processing of personal data (hereinafter also referred to as “Data”) within our Online Offering and its functions and contents.

Please note that within our website www.cyberobics.com you will be redirected to the websites app.cyberobics.com or app.cyberobicsnow.com if you click on the button “Login” or start a workout. There is a separate privacy policy / data protection declaration for the websites app.cyberobics.com and app.cyberobicsnow.com as well as for the CYBEROBICS APP, which you can access at https://app.cyberobics.com/details/5829955d92feb20217b467fc as well as within the CYBEROBICS APP. Given or not-given consents, especially regarding the use of cookies, do not apply to the websites app.cyberobics.com and app.cyberobicsnow.com or the CYBEROBICS APP.

I. Identity and contact of the controller

The controller in charge for data processing of our Online Offer within the meaning of the General Data Protection Regulation (hereinafter: “GDPR”) and other national data protection laws of the Member States, as well as other data protection provisions, is the following:

CYBEROBICS GmbH
Saarbrücker Straße 38
10405 Berlin, Germany

E-mail: [email protected]

Representative (Managing Director): Oliver Schulokat (contact as before)

You can reach our data protection officer via:

Astrid Bemfert
Weitbrucher Straße 19 A
12349 Berlin, Germany
E-mail: [email protected]

II. Scope of processing of personal data

We only process personal data of the users of our Online Offer, if it is necessary in order to provide a functioning Online Offer as well as our content and services. The processing of your personal data regularly only takes place with your consent, with the exceptions that obtaining your consent is not possible for actual reasons or that the processing of your data is permitted by law.

III. Legal basis for the processing of personal data

We would like to inform you about the legal basis for our data processing. In case that the respective legal basis is not mentioned expressively in our data protection declaration, the processing of your personal data is based on the following legal bases:

IV. Data erasure and storage period

We would like to inform you about the storage period and data erasure of our data processing. Unless otherwise provided in our data protection declaration in the following sections, we consider the storage period and data erasure to be the following:

We only process and store your personal data for the period of time necessary to fulfill the purpose of processing and storage. In addition, your Data may be stored if provided for by the European or national legislature in regulations, laws or other regulations to which we shall comply. A restriction or erasure of your Data takes place if a storage period provided for by these regulations expires, unless there is a need for further storage of your Data for a conclusion of a contract or a fulfillment of the contract. In the case that the personal data are restricted, an erasure takes place as soon as legal or contractual retention periods allow it, there is no reason to believe that a erasure affects your legitimate interests and an erasure does not cause a unreasonable expense due to the special nature of the storage.

V. Provision of the Online Offer and creation of log-files

1. Description and scope of data processing

Whenever you access our Online Offer, we or our hosting provider collects a series of general data and information from the computer system of the device which is accessing our Online Offer. The following Data can be collected:

The data is temporarily stored in log files of a server. A storage of this data together with other personal data of you shall not take place.

2. Legal basis for data processing

The legal basis for the temporary storage of Data and log files is Article 6 (1) point (f) GDPR.

3. Purpose of the data processing

The processing of the Data is necessary in order to operate our Online Offer in order to ensure its functionality and to be able to deliver the content of the Online Offer correctly. In addition, the Data serves to optimize our Online Offer and to ensure the security of our information technology systems. An evaluation of the Data for marketing purposes shall not take place in this context. The aforementioned purposes also establish our legitimate interest in the processing of Data according to Article 6 (1) point (f) GDPR.

4. Storage period

The Data shall be erased as soon as it is no longer necessary for the purpose of its processing. In the case of storing the data in log files shall be erased after seven days at the latest. A longer storage of your Data is possible. In this case, your IP address will be erased or alienated, so that an identification of the calling user is no longer possible.

5. Possibility to object or and removal

As the collection of Data is mandatory for the provision of the Online Offer and the storage of the Data in log-files for the operation of the Online Offer are, there is no possibility for you as a user to oppose the processing of the Data.

VI. Use of cookies

1. Cookie integration in the Online Offer

We use cookies on our Online Offer. Cookies are small text files that are stored in your Internet browser respective by the Internet browser on your computer system. Cookies are downloaded when you visit a website. This cookie contains a characteristic string that allows the browser to be uniquely identified when the website is reopened.

Temporary cookies, or “session cookies” or “transient cookies”, are cookies that are erased after a user leaves the online service and closes his browser. In such a cookie, e.g. the content of a shopping cart in an online shop or a login status.

“Permanent” or “persistent” refers to cookies that remain stored even after the browser has been closed. In this way, e.g. a login status will be saved when a user visits the Online Offer after several days. Likewise, in such a cookie the user interests can be stored, which are used for range measurement or marketing purposes. If the website is retrieved from the same device, the cookie is either returned to the site that created it (first-party cookie) or to another website to which it belongs (third-party cookie).

With the help of the cookie, the website can recognize that it has already been called up with this browser and, among other things, can improve the user experience when calling it again. Cookies can be e.g. remember your preferences and adapt the offers displayed on the website to your personal interests and needs.

You can decide for yourself whether the browser you use allows cookies or not. Saved cookies can be erased in the system settings of your browser. Please note that the functionality of websites may be restricted or even suspended if cookies are not allowed.

When you call our Online Offer for the first time, you will be informed via an info banner about the use of cookies. We use different groups of cookies. If you click on details in the info banner, you will be shown which cookies we use and to which group this cookie belongs. If you do not want us to use a specific cookie or group of cookies, please remove the green checkmark of the associated cookie group and click OK to confirm your preference. Unless you remove the green tick, you agree that we use the cookie group. Please note that you cannot influence the use of necessary functional cookies. Only after you have selected the cookie groups will the cookies be used on the website.

If you have allowed us to use cookies through your browser setting or consent, the following cookies may be used in our Online Offer.

Your current status of the allowed cookies (Necessary Cookies, Preferences, Statistics, Marketing):

As far as these cookies also use personal data, you will be informed below.

2. Use of functional cookies (Necessary Cookies)

We use cookies that belong to the group of functional cookies so that you can visit our Online Offer in a user-friendly way and that the online offer is working properly (technically-necessary cookies, hereinafter also: Necessary Cookies). Some elements of our Online Offer require that the browser from which you access our Online Offer also identify you after a change a page within our Online Offer.

By using Necessary Cookies, the following functionalities can be achieved or the following Data can be stored:

The legal basis for the processing of Data by using technical Necessary Cookies is Article 6 (1) point (f) GDPR.

3. Use of Preference and Statistics Cookies

Furthermore we use Preference and Statistics Cookies in our Online Offer, which allow an analysis of your surfing behavior. When accessing our Online Offer, you will be asked, as described above, to consent to the processing of personal data used in this context.

The legal basis for the processing of personal data using cookies for analysis purposes is, if you have given your consent in this regard, Article 6 (1) point (a) GDPR.

In addition, the legal basis for this is also Article 6 (1) point (f) GDPR, as we have a legitimate interest, namely an interest in the analysis, optimization and economic operation of our online offer.

4. Use of Adform

We use Adform’s retargeting technology within our Online offering. This makes it possible to specifically target Internet users who have already taken an interest in our website and our products on the websites of our partners. The insertion of the advertising material takes place during retargeting on the basis of a cookie-based analysis of the previous user behavior. No personal data is stored and the use of the retargeting technology takes place in compliance with the applicable legal data protection regulations.

If you do not want interest-based advertising to appear, you can opt-out using Adform’s website: site.adform.com/privacy-policy/de.

The legal basis for the processing of personal data by the use of cookies in connection with the use of adform for analysis purposes is in accordance with your consent. Article 6 (1) point a GDPR. In addition, we have a legitimate interest in the processing of Data within the meaning of Article 6 (1) point f GDPR, because we have an interest in optimizing our Online Offering and our advertising presence.

You can withdraw your consent to the above-mentioned Data processing at any time by changing the settings with regard to the permitted cookies or by changing the settings in your browser.

5. Using Adobe’s font libraries

We use fonts from the TypeKit WebFonts from Adobe Systems Software Ireland Limited within our Online Offering.

When using the fonts, no cookies are placed. As part of the provision of the www.typekit.com  reference address, for purposes of billing and compliance, data may be collected about the website and its use. User-dependent data are:

For more information, please visit Adobe at https://www.adobe.com/de/privacy/policies/typekit.html

6. Use of the Google Tag Manager

We use the services of Google Tag Manager, a web analytics service provided by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland („Google“).

This service allows website tags to be managed through a single interface. Google Tool Manager only implements tags. This means: No cookies are used and no personal data is collected. Google Tool Manager triggers other tags, which may collect data. However, Google Tag Manager does not access this data. If deactivated at the domain or cookie level, it will remain in effect for all tracking tags as far as they are implemented with the Google Tag Manager.

Google is certified under the Privacy Shield Framework, which provides appropriate safeguards to comply with European data protection law (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).

7. Use of Google Analytics / Universal Analytics

We use the services of Google Analytics, a web analytics service provided by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland („Google“). Google Analytics uses cookies, to allow an analysis about how users use our Online Offer.

The information generated by the cookies about your use of the Online Offer is usually transmitted to a Google server in the USA and stored there. However, your IP address will be shortened beforehand by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be sent to a Google server in the USA and shortened there. The IP address transmitted by Google Analytics will not be merged with other data provided by Google. The cookies saved by Google Analytics will be erased after 26 months at the latest.

We use Google Analytics as “Universal Analytics”. “Universal Analytics” means a process by Google Analytics, in which the user analysis is based on a pseudonymous user ID and thus a pseudonymous profile of the user is created with information from the use of different devices (so-called “cross-device tracking”),

Within our Online Offering, we use the “demographics” feature of Google Analytics. This allows us to produce reports that include statements about the age, gender and interests of the site user. This “demographics” information about user to our Online Offering comes from Google’s interest-based advertising and third-party visitor data, but we cannot associate it with any particular person.

By using the service of Google Analytics, we also want to ensure that our ads placed with Google or its affiliate match the potential interests of the persons to which the ads are being shown. With the help of the so-called “Remarketing” or “Google Analytics Audiences” functions, our ads will only be displayed to persons who have shown an interest in our online offer or who have certain characteristics specified by us (e.g. interests in specific topics or products, which are determined by the visited websites).

Google is certified under the Privacy Shield Framework, which provides appropriate safeguards to comply with European data protection law (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).

For more information about Google’s data usage, settings and opt-out options, please visit Google’s websites:

The legal basis for the processing of Data by the use of cookies in connection with the use of Google Analytics for analysis purposes is Article 6 (1) point (a) GDPR, provided that you have given us your consent. In addition, we pursue legitimate interests by the processing of data within the meaning of Article 6 (1) point (f) GDPR, because we have an interest in optimizing our Online Offer and our advertising presence.

You may object to the consent to the above-mentioned data processing at any time by changing the settings with regard to the permitted cookies or by changing the settings in your browser. To deactivate Google Analytics, you can download and install a browser plugin at https://tools.google.com/dlpage/gaoptout?hl=en.

8. Use of Facebook pixels

If you agree, we use within our Online Offering the “Conversion Pixel” provided by Facebook Ireland Limited, 4 Grand Canal Square, Dublin 2, Ireland.

With the set of the Facebook “Conversion Pixel”, we can see how successful a Facebook ad is. We receive only statistical data without direct personal reference from Facebook.

If you are logged in to Facebook, you should pay attention to the privacy policy of Facebook at https://www.facebook.com/about/privacy/.

In addition to opt-in activation for our Online Offering, you can review your personal settings on Facebook at https://www.facebook.com/ads/preferences/?entry_product=ad_settings_screen.

The product Custom Audiences from Facebook (Facebook Custom Audiences 1601 S. California Avenue, Palo Alto, CA, 94304) is also used as part of the usage-based online advertising. Basically, a non-reversible and non-personal checksum (hash value) is generated from your usage data, which can be transmitted to Facebook for analysis and marketing purposes.

9. Use of YouTube

Within our online offering, we embed videos from the YouTube platform of Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland (“Google”). For this, the Javascript library for embedding videos from the YouTube server is loaded. This tells the YouTube server which of our pages you have visited.

If you are logged in to your YouTube account, you enable Google to directly associate your surfing behavior with your personal profile. You can prevent this by logging-out of your YouTube account.

The legal basis for the processing of personal data using cookies in connection with the use of YouTube is, provided that you have consented to this, in accordance with Article 6 (1) point a GDPR. In addition, we have a legitimate interest in the processing of Data within the meaning of Article 6 (1) point f GDPR, because we have an interest in optimizing our Online Offering and our advertising presence.

Google is certified under the Privacy Shield Framework, which provides appropriate safeguards to comply with European data protection law (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).

For more information about processing of personal data by Google, please see the Google Privacy Policy at https://www.google.com/intl/en/policies/privacy.

10. Use of New Relic

Within our Online Offering, we use the New Relic web analytics service of New Relic, Inc. Attn: Legal Department 188 Spear Street, Suite 1200 San Francisco, CA 94105, USA (“New Relic”).

New Relic provides server monitoring and error tracking to help ensure the availability and integrity of our Online Offering. We use the Data processed in order to technically optimize our Online Offering.

New Relic processes aggregated performance data, meaning performance, utilization and similar technical data, which provide information about the stability and any abnormalities of our Online Offering. New Relic uses cookies to collect and process the data. In the case of errors and conspicuousness, single requests of users to our Online Offering are collected pseudonym to identify problem sources and to remedy. In these cases, pseudonym means in particular that the IP addresses of the users are stored shortened by the last two digits (so-called IP masking). The aggregated data is erased after three months and the pseudonymized data after seven days.

The use of New Relic takes place in accordance with Article 6 (1) point f GDPR based on our legitimate interests in the security, accuracy and optimization of our Online Offering.

New Relic is certified under the Privacy Shield Framework, which provides appropriate safeguards to comply with European data protection law (https://www.privacyshield.gov/participant?id=a2zt0000000TNPiAAO&status=Active).

For more information about New Relic’s processing of personal data, please see the privacy policy of the service: https://newrelic.com/termsandconditions/privacy.

11. Use of the service of Cookiebot

We are obliged to able to demonstrate your consent or rejection for the use of cookies in accordance with Article 7 (1) GDPR. To ensure our compliance with this obligation, we use the service of cookiebot.com (hereinafter: Cookiebot).

The following data is stored in our Cookiebot account:

The key and your status of consent will also be stored in a cookie “CookieConsent” for a duration up to 12 months, so that your given consents can be automatically read and respected by our Online Offer for all subsequent page requests and future user sessions. You can at all time see and change your status of consent in the data protection declaration. You can find this above.

12. Duration of storage, objection and removal with regard to recorded Data when using cookies

Cookies are stored on your computer and transmitted to us by your computer. Therefore, as a user, you have full control over the use of cookies. By changing the system settings in your internet browser, you can disable or restrict the transmission of cookies. As described above, you can also control this by granting consent or withdraw it within our Online Offer. Already stored cookies can be erased at any time.

VII. NEWSLETTER

If you sign up for newsletter mailing list, you agree, until withdrawn, that you receive a personalized newsletter from CYBEROBICS on a regular basis and that CYBEROBICS GmbH may send you advertising mailings on products, services, promotions and/or customer satisfaction surveys. In order to send you a newsletter optimized for you, you consent to an evaluation by CYBEROBICS, which measures whether and when the newsletter is opened and which links you click on.

You will find detailed information about the transit procedure and the data collected by the newsletter in the text below. You can terminate the receipt of our newsletter at any time, i.e. withdraw your consent. For this purpose, there is a corresponding link in each newsletter mailing.

You can also withdraw your consent by sending us a simple message via regular mail (CYBEROBICS GmbH, Saarbrücker Straße 38, 10405 Berlin) or via e-mail to [email protected]. You will incur no other costs than costs for the transmission of your withdrawal.

1. Description and scope of data processing for newsletter mailing

For the processing of the Data, your consent is obtained during the registration process and reference is made to this privacy policy.

Registration for our newsletter takes place in a so-called double opt-in procedure. This means that after signing up for the newsletter, you will receive an e-mail asking you to confirm your registration. This confirmation is necessary so that nobody can register with a foreign e-mail address. The registrations for the newsletter are logged in order to prove the registration process in accordance with the legal requirements. This requires the storage of the registration and confirmation time, as well as of the IP address.

Even if you have not registered for our newsletter, we can use your deposited e-mail address to send you a newsletter, if you purchase goods or services from CYBEROBICS on our Online Offering and enter your e-mail address. In such case, the newsletter will only send advertising for CYBEROBICS’ own identical or similar goods or services.

2. Legal basis and purpose for data processing

The legal basis for sending the newsletter and the associated performance measurement is your consent in accordance with Article 6 (1) point a GDPR.

The logging of the registration process is based on our legitimate interest in accordance with Article 6 (1) point f GDPR. Here, our interest is directed to the use of a user-friendly and secure newsletter shipping method, which serves our business interests on the one hand and allows us to prove your consent and at the same time meets your expectations.

The legal basis for sending the newsletter following the sale of goods or services is in the Federal Republic of Germany Section 7 (3) German Act Against Unfair Competition [“UWG”] and in Austria Section 107 (2) and (3) Austrian Telecommunications Act [“TKG”]. In addition, the legal basis is also Article 6 (1) point f GDPR, as we have a legitimate interest in direct marketing.

The processing of your e-mail address serves to send you the newsletter mailing.

3. Duration of storage

The Data will be erased as soon as it is no longer necessary to achieve the purpose of its collection. Therefore your e-mail address will be stored as long as you have subscribed to our newsletter mailing list.

You can terminate the receipt of our newsletter at any time, ie. withdraw your consent. For this purpose, there is a corresponding link in each newsletter mailing. You can also withdraw your consent by sending us a simple message

via regular mail (CYBEROBICS GmbH, Saarbrücker Straße 38, 10405 Berlin) or

via e-mail to [email protected].

You will incur no other costs than costs for the transmission of your withdrawal.

In order to be able to proof a prior given consent, we may store the un-subscripted email address for a period up to three years based on our legitimate interests before it is deleted. In this case the storage only takes place for the purpose of possible defense against claims.

4. Newsletter mailing by Mailchimp

The newsletter mailings are distributed vy using Mailchimp, a mailing service platform owned by Rocket Science Group, LLC, 675 Ponce De Leon Ave # 5000, Atlanta, GA 30308, USA. You can view the privacy policy of the shipping service provider at https://mailchimp.com/legal/privacy/.

The Rocket Science Group LLC is certified under the Privacy Shield Agreement, which provides a guarantee to comply with European data protection standards (https://www.privacyshield.gov/participant?id=a2zt0000000TO6hAAG&status=Active). We use the services of MailChimp on the basis of our legitimate interest in accordance with Article 6 (1) point f GDPR.

Mailchimp can use the Data of the recipients without assignment to a specific user to optimize or improve their own service, e.g. for the technical optimization of the mailings and the improvement of the presentation of the newsletter. Mailchimp will not use the Data of our newsletter recipients to send them own mailings or to transmit the Data to third parties.

5. Newsletter performance measurement

The newsletter mailings may contain so-called “web-beacons”. These are pixel-sized files that are retrieved when opening a newsletter from our server or from the server of our shipping service provider. As part of this retrieving technical information, such as the information about your browser and your operating system, but also your IP address and the time of retrieval of the newsletter are collected.

The legal basis for the processing of data with regard to the performance of the newsletter is set out in Article 6 (1) point f GDPR.

All of this information is used to improve the service based on specifications or audiences and their reading behavior based on the locations or access times. It also determines if the newsletter has been opened, when it was opened and which links were clicked. Even if this information can be assigned to a single newsletter recipient due to technical reasons, we do not want to monitor individual users either by us or by the mailing service provider. The evaluations serve to recognize the reading habits of our users and to adapt our content to them or to send interest-oriented newsletters to our users.

VIII. Transfer of Data to service companies and other third parties

We work with several third party service companies to operate and optimize our Online Offer as well as our services and contract management, e.g. for IT services or for the hosting of our Online Offer. We transfer the Data, which are necessary for these service providers in order to fulfillment the respective contracts with us.

The legal basis for the transfer of Data to service companies is Article 6 (1) points (b) and (f) GDPR.

Under certain circumstances, we also transfer your personal data to third parties or government agencies if we are obliged to do so on the basis of official or court orders or if we are entitled to do so, e.g. if the transfer of the Data is necessary in order to prosecute criminal offenses or in order to protect and enforce our own rights or claims.

The legal basis for this transfer is Article 6 (1) points (c) and (f) GDPR.

IX. Contacting

When you contact us (e.g. via contact form, e-mail, telephone or via social media) your information will be processed in order to process the contact request. The processing of your information, including your personal data, takes place in all cases of contact only for processing your request.

Your information can be stored and processed in a Customer Relationship Management System (“CRM System”) or a comparable system.

Legal basis for the processing of the Data of your contacting is Article 6 (1) lit. f GDPR. Insofar as the contact with us is intended to conclude a contract or its fulfillment, legal basis for the processing of your Data is also Article 6 (1) lit. b GDPR.

Your request will be erased as soon as it becomes clear from the circumstances that the respective request has been finally clarified and furthermore that we not obligated to a longer storage according to legal or contractual retention periods.

X. Data processing when using the CYBEROBICS Service

The registration for the CYBEROBICS Service, the use of the CYBEROBICS Service and the payment processing takes place via the websites app.cyberobics.com and app.cyberobicsnow.com as well as via the CYBEROBICS APP, for which a separate privacy policy exists; it can be found under https://app.cyberobics.com/details/5829955d92feb20217b467fc a as well as within the CYBEROBICS APP.

XI. CYBEROBICS on social networks/platforms

Because we like to communicate with our customers, prospects and users, we have our own pages on social networks (e.g. Facebook and Instagram) and platforms. On these social networks or platforms we also inform about our services. When you visit these social networks or platforms, the terms and conditions and privacy policies of the operator of the respective social network or platform apply.

Unless otherwise stated in our data protection declaration, we only process the personal data of users who communicate with us within social networks or platforms.

XII. Your rights

We would like to inform you about your rights regarding the processing of your data. If you want to use one of these rights, you can send a simple message to us. You can use the following contact details for this without incurring any costs other than the base rate transmission costs:

Via regular mail: CYBEROBICS GmbH, Saarbrücker Strasse 38, 10405 Berlin, Germany or

Via E-mail: [email protected]

For your own protection, we reserve the right to obtain further information confirming your identity. If we are unable to identify you, we will reject to process the request.

You have the

XIII. Amendment of our data protection declaration

We reserve the right to amend this data protection declaration at any time to ensure that it complies with current legal requirements or to implement changes to our services in the data protection declaration, e.g. if we change our Online Offer or introduce other services. In this case the new data protection declaration shall apply to your next visit of our Online Offer.

Last updated: 10/04/2019