Privacy Statement

We are committed to protecting your privacy and personal information you provide or as you access and use materials on www.performance-that-works.com. Pursuant to our statutory obligations, we would like to inform you about the collection and use of your personal data.

1 Responsible Authority

Freitag Consulting - Performance that works
Owner: Gabriela Freitag
Björnsonweg 44
22587 Hamburg/Germany
Phone: +49 40 45037208
Email: office@performance-that-works.com

2 Privacy legacy officer

Gabriela Freitag
E-mail: privacy@performance-that-works.com
Phone: +49 (0)40 45037208

 

3 General Information

Pursuant to our statutory obligations, we would like to inform you about the collection and use of your personal data.

When you use our website, personal data about you will be collected. This may happen by you entering the data yourself, for example your e-mail address. But our system also collects your data automatically, for example whenever you visit our website. This happens irrespective of the device or the software that you use to visit our website.

All data that you enter in our app is provided voluntarily; there are no disadvantages to you if you do not provide data. But without certain data, we are unable to provide services or to conclude contracts. Whenever such information is necessary, we will point it out to you.

On this website, the user’s personal data is only collected within the framework of the existing data-protection law, in particular the General Data Protection Regulation (GDPR). The legal terms used in the text are defined in Art. 4 of the GDPR.

The GDPR allows data processing in three cases in particular:

  • in accordance with Art. 6 para. 1 (a) and 7 GDPR, when you have consented to us processing your data; in this Privacy Policy and in the cases of consent pursuant to Art. 4 no. 11 GDPR, we will inform you in detail and each time for what purposes and under what circumstances your data will be processed by us;

  • in accordance with Art. 6 para. 1 (b) GDPR, when processing your personal data is necessary for negotiating, concluding or performing a contract;

  • in accordance with Art. 6 para. 1 (f) GDPR, if the balancing of interests leads to the conclusion that the processing is necessary to protect our legitimate interests; this means in particular our interests to analyse, optimise and secure the offers on our website – meaning primarily the analysis of user behaviour, setting up profiles for advertisement purposes and storage of access data as well as the use of third-party providers.

 

3.1 Inventory Data

We collect inventory data as far as it is necessary to establish, negotiate or amend a contract (including one without remuneration) between us and the user. This can be: customer data (for example name, address), contact data (for example e-mail address, phone number), service data (for example services ordered, duration, payment). Upon establishing the user relationship, we will ask you for this data (for example name, address and e-mail address) and will also tell you which of the information is required to establish the user relationship.

 

3.2 Usage Data

We also collect usage data to allow users to use the services on our website. These may consist of: usage information (for example visited websites or parts, duration of visit, interest in services), content data (for example data, text, images, sounds, videos entered or uploaded by you), meta data (for example identity of your device, location, IP address).

We will only combine usage data if and insofar as it is necessary for billing purposes. Otherwise, we will only put together usage data pseudonymously and only insofar as you have not objected. You may send this objection to the address indicated in the “About Us” section or the responsible authority indicated in this Privacy Policy at any time.

The legal basis for this data processing are our legitimate interests pursuant to Art. 6 para. 1 (f) GDPR in analysing the website and your use, possibly also the statutory permission to store data as part of the negotiation of a contract pursuant to Art. 6 para. 1 (b) GDPR.

 

4 Hoster

 

4.1 CMS System Wix

Based on our legitimate interest in a technologically perfect online offering and its design and optimisation in an economically efficient manner pursuant to Art. 6 para. 1 (f) GDPR, we have established this website with the Wix CMS system provided by Wix.com Ltd., Namal 40, 6350671 Tel Aviv, Israel (“Wix.com”). Our website is also hosted on that company's servers.

Like any other hosting service, Wix.com will collect user data in that process. These are identifiable and non-identifiable data collected when you access our website. These will either be provided to Wix.com or automatically collected when using the services of Wix.com (“non-personal data”). With such non-personal data, it is impossible for Wix.com to determine from whom the data originates. Non-personal data is technological information and usage information, e.g. visitors' and service users' browsing and clickstream behaviour, heat maps of sessions and scrolling as well as non-identifiable data about the device used, operating system, browser, screen resolution, language and keyboard preferences, internet provider, referral and exit pages, date/time stamp etc.

As a hosting service, Wix.com also collects data which can identify a person with reasonable effort (“personal data“). Basically, this personal data is all data that you enter when using the website. This may include contact data (for example e-mail address or phone number), invoice details (name, billing address, payment method and bank details), data about a browser or user session (IP address, geographical location and/or unique identifier of the device), data about connected third-party accounts (for example e-mail address or user name for a connected PayPal, Google or Facebook account), scanned identity documents provided to us (for example ID card, driving license, passport or official documents about company registration), and any other personal data. For your protection, Wix.com will treat any non-personal data, which will be connected with personal data (for example to improve the services of Wix.com), as personal data.

Wix.com Ltd. is registered in Israel, which is viewed by the European Commission as a country providing adequate protection of the personal data of EU member states' citizens.

Affiliated companies and service providers of Wix.com, which store or process your personal data on behalf of Wix.com, have committed themselves to protect this data in accordance with industry standards and irrespective of possibly lower requirements under their legal system. We, too, have a contractual agreement with Wix.com, according to which Wix.com will only process the data on our behalf.

Wix.com may also process your data in the USA.

Wix.com will implement physical, electronic and procedural security measures to protect the personal data. Among other things, Wix.com offers HTTPS-secure access to our website; the transmission of confidential data is protected by a connection encrypted according to the industry standard SSL/TLS, and Wix.com regularly updates its PCI DSS (Payment Card Industry Data Security Standards) certification. Wix.com also regularly checks its systems for potential vulnerabilities and attacks and is constantly looking for new procedures and third-party services to further improve the security of its services and the protection of visitors' and users' data.

You will find more information about the data processing by Wix.com and your rights in the privacy policy of Wix.com at: https://www.wix.com/about/privacy

 

5 First Contact through Electronic Request

If you contact us in electronic form (for example by mail, fax, phone, messenger, etc.), we store and process the data which you have given us (for example name, contact information, content of the request). This is based on our legitimate interest in an effective communication with customers in accordance with Article 6 para. 1 (a) GDPR and, as far as it concerns a request to enter into or to perform a contract, also with Article 6 para. 1 (b) GDPR.
We will only pass on this data to third parties as far as required for the performance of the contract (in accordance with Article 6 para. 1 (b) GDPR), by the overwhelming interest in effective services (in accordance with Article 6 para. 1 (f) GDPR) or based on your consent (in accordance with Article 6 para. 1 (a) GDPR) or if there is another legal permission or obligation.
You may ask us at any time and without any cost to provide information about the purpose of the processing, the origin and the recipient, if any, of your data. You may also request that we correct, delete or limit the processing of your personal data. You may object against the (further) processing of your data at any time and you have a right for the data to be made transferable as well as the right to file a complaint with the competent supervisory agency.
In general, your data will only remain stored as long as required by the purpose of the respective data processing. A longer storage is an option, in particular when required in order to pursue our rights, for other legitimate interests of ours or when there is a statutory duty to keep the data longer (for example record-keeping under tax law, statute of limitations).

6 Consent

Whenever we ask you for your consent for the processing of your data, we will inform you in clear language and in an easily accessible way about the cases for which you will be granting your consent. Any consent that we ask you for is voluntary. Any advantage that you wish to gain by granting consent is also available without consent; simply ask us.

Regarding any consent, you have the right to revoke any consent given to us for the processing of your personal data at any time. You just need to contact us without any particular formal requirement, for example through our contact form, an e-mail to the e-mail address indicated in the “About Us” section or a link to unsubscribe (if offered by us). Your withdrawal has no effect on the legality of the data processing carried out up to that point.

 

7 Storage Period

Generally, your data will only remain stored as long as required by the purpose of the respective data processing. Storage beyond that is possible in particular if it is still required for pursuing our rights or for other legitimate interests of ours.
For your inventory data which were necessary to perform a contract (including one without remuneration), this means that we store this data until the complete performance or termination of the contractual relationship plus the limitation period (which is generally 2 or 3 years) plus an adequate extra time for potential interruptions of the limitation period.
For your usage data which was collected in the course of your use of the website, this means that we will store it only for the time still required for the proper functionality of our website and as long as we still have a legitimate interest. Statistical information will be primarily stored by us in pseudonymous form.
Beyond that, we still store your data for as long as we are required to do so by law. This concerns in particular the tax-law requirements to keep records, usually for 6 or even 10 years.

 

8 Cookies

 

8.1 Essential Cookies

Based on our legitimate interest in a flawlessly functioning online offer and its economic and efficient design and optimization according to Article 6 para. 1 (f) GDPR, our website uses cookies and where required technologies with a similar target bearing, like pixel, web-beacons or tags, in order to allow you to use our offer better, more effectively and in a more secure way. Cookies are text files that are stored on your computer and which store certain data about your user behavior on our page. These can be “session cookies”, which are automatically deleted when you leave our website. Other cookies are stored on your computer permanently until you delete them. That allows us to recognize your browser when you visit our website again and to provide you with features or offers according to your previous usage.
Our website only uses cookies which are necessary for the use of our website and in particular no external tracking or advertising cookies.
Your browser allows you to prevent the use of cookies in general or in specific cases. Please check the instructions for your browser to find out more about this. You can also delete cookies following these instructions which we have listed for you:

for Chrome: https://support.google.com/chrome/answer/95647?co=GENIE.Platform%3DDesktop&hl=en
for Safari: https://support.apple.com/en-gb/guide/safari/sfri11471/mac
for Firefox: https://support.mozilla.org/en-US/kb/clear-cookies-and-site-data-firefox
for Edge: https://support.microsoft.com/en-gb/help/17442/windows-internet-explorer-delete-manage-cookies
for Internet Explorer: https://support.microsoft.com/en-gb/help/278835/how-to-delete-cookie-files-in-internet-explorer

Blocking cookies may limit the functionality of our website and of other websites visited by you.
More information on this topic, in particular how you can administer, limit or completely disable third-party cookies and technologies with a similar purpose, can be found at:
https://www.aboutads.info/choices
https://www.youronlinechoices.eu
https://www.networkadvertising.org/choices

 

9 Transfer of data

 

9.1 Transfer to Third Parties

We dislike spam as much as you do. We will therefore not transfer your data to third parties, unless permitted by law.

Transfer of customer data may either

  • be required for the performance of a contract and in that case be permitted according to Art. 6 para. 1 (b) GDPR, or

  • be permitted based on our legitimate interest in an effective service structure pursuant to Art. 6 para. 1 (f) GDPR, or

  • covered by your consent pursuant to Art. 6 para. 1 (a) GDPR, or

  • become necessary if we will be legitimately asked by a government or an agency to hand over your data pursuant to Art. 6 para. 1 (c) GDPR.


If your data are transferred to third parties, this is mentioned in this privacy policy.

 

9.2 Transfer to other countries, particularly USA

Our website uses external providers located outside of the EU for different features. In particular, the use of cookies, active Java scripts and other technology can lead to processing and storage of your data outside of the EU. But we will not transfer your data to a third country, unless the EU Commission has determined that there is a similar level of data protection as in the EU or unless you have provided us with your informed consent or we have agreed on the standard contractual clauses for the protection of your data with the provider.

 

10 Users‘ Rights

You may request us anytime to provide information about the personal data stored about you free of charge. To avoid misuse, this will require personal identification.

 

10.1 Deletion, Correction, Limitation

You may at any time demand from us that we correct (or complete) incorrect data as well as a limitation of the processing of data or deletion of your data. This applies in particular if the reason for processing the data is no longer valid, if a required consent has been revoked and there is no other legal basis or if our data processing is unlawful. We will then correct, block or even delete your personal data without delay as far as permitted by law.

 

10.2 Objection

The right to object to advertisement is governed by our text regarding consent:


Regarding any consent, you have the right to revoke any consent given to us for the processing of your personal data at any time. You just need to contact us without any particular formal requirement, for example through our contact form, an e-mail to the e-mail address indicated in the “About Us” section or a link to unsubscribe (if offered by us). Your withdrawal has no effect on the legality of the data processing carried out up to that point.

 

10.3 Data Transfer

You may request us to transfer the data stored about you in machine-readable form.

 

10.4 Complaint

If you feel that our data processing has violated any of your rights, you may file a complaint with the competent regulatory agency (here you find a list of the agencies).

 

11 Changes to the Privacy Policy

If and when factual or legal reasons will compel us to amend the Privacy Policy, we will update this page accordingly. This will not change the consent provided by the user.

 

12 Data Entry

 

12.1 Encryption of Data Entry

When you enter data on our website, whether in a contact form, during the registration process, when you log in or for payment purposes, the website, where you enter the data, is encrypted. Thus, third parties can not read what you enter. You will recognise the encryption by the lock symbol in your browser and by the URL beginning with “https“ instead of “http“.

 

12.2 Contact Forms

 

12.2.1 General contact form

When you fill out a contact form or when you send us an e-mail or another electronic message, your information will be stored for the processing of the request, for possible follow-up questions or for other related questions and will only be used to follow up with the request.

Your data will be transferred in an encrypted manner, preventing third parties from reading your data while it is being entered.

Basis for this storage is your consent pursuant to Art. 6 para. 1 (a) GDPR, which you grant us by filling in the contact form or by your other requests. You may revoke this consent at any time, you just need to contact us without any particular formal requirement (for example in the contact form or by e-mail). This withdrawal has no effect on the legality of the data processing that has occurred up to that point.

Your data remains stored for as long as the processing of the request requires, in particular as long as the storage is still necessary to perform the contract, to pursue our rights or for our other legitimate interests or we are compelled by law to keep your data stored (for example based on tax-law requirements to maintain files).

 

12.2.2 Offer

On our website, you find a contact form, through which you may request a specific offer for our goods and services. We will ask for for the necessary data as in the form, so we can prepare the offer.
Your data will be entered in an encrypted manner, so that third parties cannot read your data while being entered.
The legal basis for this storage is our legitimate interest in communication with interested users in accordance with Art. 6 para. 1 (f) GDPR and in case of contractual requests also the storage of contractual data in accordance with Art. 6 para. 1 (b) GDPR.
These data remain saved until you will terminate your access by sending an e-mail to the e-mail address listed in the "About Us" section. After that, they will remain stored in connection with the necessary performance of the contract (see the section on user/contract data).

 

12.2.3 Return Call

On our service page, you can ask for a call from one of our customer service agents.
We will ask for
– your first name, because we like to address your personally,
– your phone number, so we can call you, and
– your e-mail address, because we will e-mail you to confirm your request.

Your data will be entered in an encrypted manner, so that third parties cannot read your data while being entered.

The legal basis for this storage is our legitimate interest in communication with interested users in accordance with Art. 6 para. 1 (f) GDPR and in case of contractual requests also the storage of contractual data in accordance with Art. 6 para. 1 (b) GDPR.

We will only use this data for your specific request and will save it for 6 months after the request has been completed, so we can refer to the results already achieved in the case of subsequent service requests.

 

12.3 Registration

If you register on our website, we will ask for compulsory and potentially also non-compulsory data in accordance with our registration form for the purposes listed hereinafter.
Your data will be entered in an encrypted manner, so that third parties cannot read your data while being entered.
The legal basis for this storage is our legitimate interest in communication with interested users in accordance with Art. 6 para. 1 (f) GDPR and also the storage of contractual data in accordance with Art. 6 para. 1 (b) GDPR in case of contracts, including non-remunerated ones.
Your data will remain stored for as long as you remain registered, particularly as long as the storage is still required to perform the contract, to pursue our rights or for our other legitimate interests or for as long as we are required by law to store your data (for example pursuant to tax-law requirements to store documents).

 

12.3.1 Webinar

If you register for a webinar, we will ask for your e-mail address and your first name, because we like to address you personally. We will only use your data to inform you about the implementation of the webinar as well as possibly about information which is necessary for the webinar to be carried out (for example change of date, participation requirements, technical details) and materials (like slides, content information). Your data will be deleted after the completion of the webinar.

 

12.3.2 Membership Area

If you register for our membership area, we will ask for data in accordance with our registration form, because we do not permit the anonymous use of our services. We will only use your data to provide you with the information necessary for using the membership area (news, news in the membership area and technical information).

 

12.3.3 Membership Area Exchange

You can register in our Member's Area to engage in conversation with our other customers. We will ask for your data according to our registration form to allow us to present you to our other customers.
Once you have logged out from the membership area, your entries there will remain, even if you deregister. If you do not want this to happen, you can contact the e-mail address listed in the “About Us” section below and request that these entries will be deleted. We will then also delete the entries.

 

12.3.4 Course Registration

If you register for a course, we will ask for your data according to the registration form, because we like to address you personally. We will only use your data to inform you about the implementation of the course as well as possibly about information which is necessary for the course to be carried out (for example change of date, participation requirements, technical details) and materials (like slides, content information).

 

13 Social Media

 

13.1 Social Media Links

 

13.1.1 General Information

We refer with links to our social media presences. When you follow any such link to the social media site, your data will be broadcasted to that site. The social media site will normally store a cookie in your browser and to your account information there, especially, if you are logged into your social media account on the site. The social media site can analyse your use of the platform and your browsing habits and will use these for targeting advertisements based on your interests. That can lead to ads being shown to you when browsing in- and outside of the social media site. Please inform yourself about the use of your data on these sites and use them only, when you agree to that use of your data, that happens on that social media site, in particular, when you are not using that social media site for the first time. We have added links to all the privacy policies of the social media site for your information.

 

13.1.2 Instagram

Our website uses links to our presence in the social network of Instagram by Instagram LLC, now Facebook Ireland Limited, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Irland.

It is just a normal link. Thus, when you open our site, Instagram will not learn of your visit to our website. But once you click on the link, you will be led to Instagram, allowing Instagram / Facebook to learn that you have visited out site.
Your data will be forwarded by Facebook Ireland on the base of the standard contractual clauses to Facebook USA.
The collection and use of your data which is possibly carried out by Instagram/Facebook after clicking on the link is beyond our knowledge or control. You may find further information in Instagram’s privacy policy at
https://help.instagram.com/155833707900388.

 

13.1.3 Linkedin

Our page uses links to our presence on the social network LinkedIn, provided by LinkedIn Ireland Unlimited Company, Wilton Place, Dublin 2, Ireland, as a subsidiary of LinkedIn Corporation, 2029 Stierlin Ct. Ste. 200 Mountain View, CA 94043, USA.

It is just a normal link, which means that upon opening our page, LinkedIn won't learn anything of your visit to our website. But when you click on the link, you will be taken to LinkedIn, and then LinkedIn will also learn that you visited our page.

Thus, your data may be forwarded to the USA.

We have neither knowledge of, nor any influence on the possible collection and processing of your data by LinkedIn after clicking on the link. Further information can be found in LinkedIn's privacy policy at https://www.LinkedIn.com/legal/privacy-policy?_l=de_DE.

 

13.1.4 Twitter

Our page uses links to our presence on the social network Twitter, provided by Twitter International Company, One Cumberland Place, Fenian Street, Dublin 2, D02 AX07 IRELAND
It is just a normal link, which means that upon opening our page, Twitter won't learn anything of your visit to our website. But when you click on the link, you will be taken to Twitter, and then Twitter will also learn that you visited our page.

Thus, your data may be forwarded to the USA.

We have neither knowledge of, nor any influence on the possible collection and processing of your data by Twitter. Further information can be found in the privacy policy of Twitter at https://twitter.com/privacy?lang=en.

 

14 Videoconferences, Webinare and Onlinemeetings

 

14.1 Microsoft Teams

We use external communication providers (third-party providers or platforms for our video conferences, audio conferences, webinars or other online meetings and online communications), here Microsoft Teams, a service of Microsoft Corporation, One Microsoft Way, Redmond, WA 98052-6399 USA.
This is done either
- within the framework of our contractual or pre-contractual legal relationships according to Art. 6 para. 1 lit. b GDPR,
- within the scope of your consent, provided that we have obtained this in advance (such as for a recording) in accordance with Art. 6 para. 1 lit. a GDPR or otherwise
- in the context of our legitimate interest in a technically flawless online offer and its economically efficient design and optimization acc. Article 6 (1) lit. f GDPR.
Every time you use our external communication provider, you enter or display all the data that you provide during communication (in particular inventory data such as name and email, usage data such as the browser used, websites visited, length of stay, referrer URL and your IP address, content data such as audio and video communication and / or recording, chat history, shared screen contents) to the external communication provider and saved by it. We ourselves use settings that are as privacy-friendly as possible, you can also take such precautions. You can register with alias names or unique email addresses, for example, or deactivate your audio and video transmission (in part).

This will forward your data to the United States. We have concluded a data processing contract with Microsoft, according to which Microsoft only processes your data according to our instructions. This agreement ensures, that your data will be transferred to the US solely on the base of the standard contractual clauses. The European Court has ruled, that these clauses could provide a legal ground for transferring personal data outside of the EU.

Your data will remain stored insofar as it is still necessary for the purposes of your consent, for contract fulfillment / processing, for legal prosecution by us or for our other legitimate interests or if we are legally required to keep your data.
We and the external communication provider will not pass on your data to third parties. An exception can be an evaluation of the usage data for service and backup purposes as well as for marketing purposes by the external communication provider. For further use of your data by the external communication provider, we refer to their privacy policy
https://privacy.microsoft.com/de-de/privacystatement
and the associated additional safety information
https://www.microsoft.com/de-de/trust-center.
If the external communication provider stores cookies or other trackers for you, we also refer to our general presentation in this data protection declaration for the general handling and deactivation of cookies.

 


This is our current valid privacy policy from 21.04.2021