Privacy policy

Version from 01.03.2024 (machine translated from German original)

In this privacy policy, we, BACKBEND GMBH (hereinafter BACKBEND GMBH, we or us), explain how we collect and otherwise process personal data. This is not an exhaustive description; other data protection declarations, general terms and conditions, conditions of participation and similar documents may regulate specific matters. Personal data refers to all information relating to an identified or identifiable person.

If you provide us with the personal data of other persons (e.g. family members, data of work colleagues), please ensure that these persons are aware of this privacy policy and only provide us with their personal data if you are authorized to do so and if this personal data is correct.

This Privacy Policy is designed to meet the requirements of the EU General Data Protection Regulation (“GDPR”), the Swiss Data Protection Act (“DPA”) and the revised Swiss Data Protection Act (“revDSG”). However, whether and to what extent these laws are applicable depends on the individual case.

1. Responsible person / data protection officer / representative

BACKBEND GMBH, (Heinrichstr. 267 Entrance A, 8005 Zurich) is responsible for the data processing that we carry out here. If you have any data protection concerns, you can send them to the following contact address

Backbend GmbH / Yogaholics United
Heinrichstr. 267 Entrance A
8005 Zurich
hello@yogaholicsunited.ch

You can contact our data protection officer in accordance with Art. 37 GDPR at admin@yogaholicsunited.ch. He is also our representative in the EEA in accordance with Art. 27 GDPR (if required).

2. Collection and processing of personal data

We primarily process the personal data that we receive from our customers and other business partners as part of our business relationship with them and other persons involved or that we collect from their users when operating our websites, apps and other applications.

Where permitted and necessary, we also obtain certain data from publicly accessible sources (e.g. debt collection registers, land registers, commercial registers, press, internet) or receive such data from authorities and possibly other third parties (e.g. credit agencies, address dealers). In addition to the data that you provide to us directly, the categories of personal data that we receive about you from third parties include, in particular, information from public registers, information that we learn in connection with official and legal proceedings, information in connection with your professional functions and activities, information about you in correspondence and meetings with third parties, credit information (insofar as we conduct business with you personally), information about you that people from your environment (family, advisors, legal representatives, etc.) provide to us so that we can conclude contracts with you. ) so that we can conclude or process contracts with you or with your involvement (e.g. references, your address for deliveries, powers of attorney, information on compliance with legal requirements such as anti-money laundering and export restrictions, information from banks, insurance companies, sales and other contractual partners of ours on the utilization or provision of services by you (e.g. payments made, purchases made)), information from the media and the Internet about your person (insofar as this is appropriate in the specific case, e.g. in the context of a job application, press releases, etc.). e.g. in the context of an application, press review, marketing/sales, etc.), your address(es) and, if applicable, interests and other socio-demographic data (for marketing) and data in connection with the use of the website (e.g. IP address, MAC address of the smartphone or computer, information about your device and settings, cookies, date and time of the visit, pages and content accessed, functions used, referring website, location data).

3. Purposes of data processing and legal basis

We use the personal data we collect primarily in the context of our business relationship with our customers and other business partners, e.g. to conclude / process contracts for the sale of products and services, to enable reservations / bookings and the use of the website and app via an individualized customer profile, in particular in connection with business activities under the “Yogaholics United” brand or in the purchase of products and services from our suppliers and subcontractors, as well as to comply with our legal obligations at home and abroad. If you work for a customer or business partner, your personal data may also be affected in this capacity.

In addition, we also process personal data of you and other persons, where permitted and necessary, for the following purposes in which we (and sometimes third parties) have a legitimate interest corresponding to the purpose:

• Offering and further development of our offers, services and websites, apps and other platforms on which we are present;
• Communicating with third parties and processing their enquiries (e.g. applications, media enquiries);
• Examination and optimization of needs analysis procedures for the purpose of direct customer contact and collection of personal data from publicly accessible sources for the purpose of customer acquisition;
• Advertising and marketing (including the organization of events), provided you have not objected to the use of your data (if we send you advertising from us as an existing customer, you can object to this at any time using the tools provided (“Unsubscribe” etc.) in the respective applications, request deletion from us and, if necessary, delete data yourself);
• Market and opinion research, media monitoring;
• Enforcement of legal claims and defense in connection with legal disputes and official proceedings;
• Prevention and investigation of criminal offences and other misconduct (e.g. conducting internal investigations, data analyses to combat fraud);
• Guaranteeing our operations, in particular IT, our websites, apps and other platforms;
• Video surveillance to safeguard domiciliary rights and other measures for IT, building and facility security, to protect our employees or other persons and assets belonging to or entrusted to us (e.g. access controls, visitor lists, network and mail scanners, telephone recordings);
• Purchase and sale of business divisions, companies or parts of companies and other transactions under company law and the associated transfer of personal data as well as measures for business management and compliance with legal and regulatory obligations and internal regulations of BACKBEND GMBH;
• If you have given us your consent to process your personal data for specific purposes (for example, when you register to receive newsletters via e.g. MailChimp or register in Eversports), we process your personal data within this framework and based on this consent (unless we have another legal basis and require one). Consent that has been granted can be revoked at any time, but this has no effect on data processing that has already taken place.

WordPress is the content management system for this website and offers the possibility to write comments under blog posts and similar content. Cookies or cookie-like technologies can be stored and read. These may contain personal data such as the name, e-mail address and website of a commenter. Your personal data can be used to display it again if you wish to write another comment on this website.

4. Obligation to provide personal data

As part of our business relationship, you must provide the personal data that is required for the establishment and implementation of a business relationship and the fulfilment of the associated contractual obligations (as a rule, you do not have a legal obligation to provide us with data). Without this data, we will generally not be able to enter into or fulfil a contract with you (or the entity or person you represent).

The website can also not be used if certain information to secure data traffic (such as IP address) is not disclosed.

5. Profiling

We process your personal data partially automatically with the aim of evaluating certain personal aspects (profiling). We use profiling in particular to provide you with targeted information and advice about products. In doing so, we use evaluation tools that enable us, for example, to provide needs-based communication and advertising, including market and opinion research.

6. Cookies / tracking and other technologies in connection with the use of our website

By using our websites, social media accounts and apps (which may be provided by third parties, e.g. Eversports) or agreeing to receive newsletters and other marketing emails, you consent to the use of the following technologies. If you do not want this, you must set your browser or email program accordingly or uninstall the app if this cannot be adjusted via the settings.

Cookies:

We typically use “cookies” and similar technologies on our websites (e.g. yogaholicsunited.ch) that can be used to identify your browser or device. A cookie is a small file that is sent to your computer or automatically stored on your computer or mobile device by the web browser you use when you visit our website. This enables us to recognize you/your device (computer, smartphone, etc.) when you visit this website again, even if we do not know who you are. In addition to cookies that are only used during a session and are deleted after your visit to the website (“session cookies”), cookies can also be used to store user settings and other information for a certain period of time (e.g. two years) (“permanent cookies”).

You can set your browser so that it rejects cookies, only saves them for one session or otherwise deletes them prematurely. Most browsers are preset to accept cookies. We use permanent cookies so that you can save user settings (e.g. language, autologin, etc.), so that we can better understand how you use our offers and content, and so that we can show you customized offers and advertising (which can also happen on websites of other companies; however, we do not tell them who you are, if we know this at all, because they only see that the same user is on their website who was also on a certain page on our website). Some cookies are set by us, some are also set by contractual partners with whom we work, such as Eversports (booking system). We have no access to data from cookies set by third parties. If you block cookies, certain functions (e.g. language selection, shopping basket, order processes) may no longer work.

We use the “Real Cookie Banner” consent tool to manage the cookies and similar technologies used (tracking pixels, web beacons, etc.) and related consents. Details on how “Real Cookie Banner” works can be found at <a href=”https://devowl.io/de/rcb/datenverarbeitung/” rel=”noreferrer” target=”_blank”>https://devowl.io/rcb/data-processing/</a>.

The legal basis for the processing of personal data in this context is Art. 6 para. 1 lit. c GDPR and Art. 6 para. 1 lit. f GDPR. Our legitimate interest is the management of the cookies and similar technologies used and the related consents.

The provision of personal data is neither contractually required nor necessary for the conclusion of a contract. You are not obliged to provide the personal data. If you do not provide the personal data, we will not be able to manage your consent.

Google Maps makes it possible to embed maps directly into websites in order to improve the website. This requires the processing of the user’s IP address and metadata. Cookies or cookie-like technologies can be stored and read. These may contain personal data and technical data such as user IDs, consents, card software settings and security tokens. This data can be used to record websites visited, to compile detailed statistics on user behavior and to improve Google’s services. This data may be linked by Google with the data of users logged in to Google’s websites (e.g. google.com and youtube.com). Google makes personal data available to its affiliated companies, other trusted companies or persons who can process this data on the basis of Google’s instructions and in accordance with Google’s data protection regulations.

Newsletter:

Interested persons/jobs have the opportunity to register at various points by providing personal data and consent to receive newsletters/e-mail marketing from BACKBEND GMBH, e.g. when registering a customer profile in Eversports or on the website. The relevant data (name, e-mail, etc.) is provided, stored and/or processed by us or by service providers.

We also include visible and invisible image elements in some of our newsletters and other marketing emails (where permitted), which we can retrieve from our servers to determine whether and when you have opened the newsletter/email, so that we can also measure and better understand how you use our offers and tailor them to you. These are usually directly related to the content of the communication. You can block this in your email program; most are pre-set to allow you to do this. Each newsletter contains a note on how you can unsubscribe from the newsletter.

Tracking:

Furthermore, we sometimes use Google Analytics, Google Tag Manager or similar services on our websites. This is a service provided by third parties, which may be located in any country in the world (in the case of Google Analytics, it is Google Ireland (based in Ireland), Google Ireland relies on Google LLC (based in the USA) as processor (both “Google”), www.google.com), with which we can measure and evaluate the use of the website (not personalized). Permanent cookies set by the service provider are also used for this purpose. We have configured the service so that the IP addresses of visitors to Google in Europe are truncated before being forwarded to the USA and therefore cannot be traced. We have switched off the settings “Data transfer” and “Signals”.

Although we can assume that the information we share with Google is not personal data for Google, it is possible that Google can use this data for its own purposes to draw conclusions about the identity of visitors, create personal profiles and link this data to the Google accounts of these persons (if you have registered with the service provider yourself, e.g. Google, Gmail etc., the service provider knows you and the match). The processing of your personal data by the service provider is then the responsibility of the service provider in accordance with its data protection provisions. The service provider only informs us how our respective website is used (without any information about you personally).

We also use so-called tags and plug-ins from social networks such as Facebook, Twitter, YouTube, Instagram, etc. on our websites. This is also visible to you in some cases (possibly via the display of corresponding symbols). If you use the social media / activate plug-ins (e.g. by clicking on them), the operators of the respective social networks can register that you are on our website (and on which page) and can use this information for their purposes. The processing of your personal data is then the responsibility of this operator in accordance with its data protection provisions. We do not receive any information about you from them, usually only analyses of access to our public accounts in social networks and our websites, e.g. to measure the effectiveness of advertising measures.

7. Data transfer and data transmission abroad

To the extent permitted and deemed necessary by us, we may also disclose data to third parties as part of our business activities and for the purposes set out in section 3, either because they process, store or similar data for us, or because they are authorized to use it for other purposes.

This includes software services accessible via the internet and running on the servers of their providers (so-called “cloud services”, also referred to as “software as a service”), e.g. for the storage and management of content (e.g. “Dropbox” for document storage and management, exchange of documents, content and information) or booking software (e.g. “Eversports” for the creation of customer profiles, online sale of products and reservation options for customers). In this context, personal data is processed and stored and/or processed on the servers of the providers, insofar as it is part of communication and business processes of BACKBEND GMBH as set out in this data protection declaration. This data may include, in particular, master data and contact data of users, data on processes, transactions, contracts, other processes and their contents, but also billing or financial information.

Essentially, the following bodies/parties are recipients:

• • Service providers on our behalf, within BACKBEND GMBH and externally (e.g. banks, insurance companies including contract processors such as IT providers “Eversports”, “Dropbox”, “MailChimp”, “Google”, WordPress”, “Microsoft”, “Bexio”, etc.);
  • Employees, freelancers, suppliers, subcontractors and other business partners;
  • Customers;
  • Domestic and foreign authorities, official bodies or courts;
  • Media;
  • Public, including visitors to websites and social media;
  • Competitors, industry organizations, associations, organizations and other bodies;
  • Interested parties / acquirers in the acquisition of business divisions, companies or other parts of BACKBEND GMBH;
  • Other parties in potential or actual legal proceedings;
  • other companies of BACKBEND GMBH and their owners;
  • All joint recipients

.

These recipients are partly in Germany, but can be anywhere in the world. In particular, you must expect your data to be transferred to all countries in which BACKBEND GMBH is/will be represented by group companies, branches or other offices (currently only Switzerland), as well as to other countries in Europe, the USA or elsewhere where the service providers we use (such as Microsoft, Stripe, Eversports, etc.) or their data servers are located.

8. Duration of storage of personal data

We process and store your personal data for as long as is necessary for the fulfilment of our contractual and legal obligations or otherwise for the purposes pursued with the processing, i.e. for the duration of the entire business relationship (from the initiation, processing to the termination of a contract) and beyond in accordance with the statutory retention and documentation obligations. It is possible that personal data may be stored for the period in which claims can be asserted against our company and insofar as we are otherwise legally obliged to do so or legitimate business interests require this (e.g. for evidence and documentation purposes). As soon as your personal data is no longer required for the above-mentioned purposes, it will be deleted (to the extent possible to clearly identify the corresponding data).

9. Data security

We take appropriate technical and organizational security measures to protect your personal data from unauthorized access and misuse, such as instructions for employees, access restrictions, industry-standard IT and network security solutions, access restrictions and controls.

10. Rights of the data subjects

You have the right to information, correction, deletion, the right to restrict data processing and otherwise to object to our data processing, in particular for the purposes of direct marketing, profiling for direct advertising and other legitimate interests in processing, as well as to the disclosure of certain personal data for the purpose of transfer to another organization (so-called data portability) within the scope of the data protection law applicable to you and to the extent provided for therein (such as in the case of the GDPR). For certain

Please note, however, that we reserve the right to assert the restrictions provided for by law, for example if we are obliged to store or process certain data, have an overriding interest in doing so (insofar as we are entitled to invoke this) or need it for the assertion of claims. If you incur costs, we will inform you in advance. We have already informed you about the possibility of withdrawing your consent in section 3. Please note that the exercise of these rights may conflict with contractual agreements, services may no longer be used, products (e.g. participation authorizations) may become invalid and this may have further consequences such as the premature termination of the contract or the assumption of costs incurred (e.g. due to premature termination of the contract). There are no claims for reimbursement for services/products that arise due to the effects of restrictions or cancellation of data releases/processing. We will inform you of this in advance, unless otherwise contractually agreed.

The exercise of such rights generally requires that you clearly prove your identity (e.g. by means of a copy of your ID, where your identity is otherwise not clear or cannot be verified). To assert your rights, you can contact us at the address given in section 1. Every data subject also has the right to enforce their claims in court or to lodge a complaint with the competent data protection authority.

The competent data protection authority in Switzerland is the Federal Data Protection and Information Commissioner (http://www.edoeb.admin.ch).

11. Changes

We may amend this privacy policy at any time without (prior) notice. The current version published on our website shall apply. If the privacy policy is part of an agreement with you, we will inform you of the change by email or other suitable means in the event of an update.

12. Further information on key business partners and service providers

Website/cookies/tracking

• https://marketingplatform.google.com/intl/de/about/analytics/
• https://policies.google.com/privacy
• https://business.safety.google/adsprocessorterms
• https://business.safety.google/adsprocessorterms
• https://tools.google.com/dlpage/gaoptout?hl=de
• https://adssettings.google.com/authenticated
• https://privacy.google.com/businesses/adsservices
• https://wordpress.org/about/privacy/

Newsletter & Social media

• https://www.intuit.com/privacy/statement/
• https://www.facebook.com/privacy/policy/?entry_point=comet_dropdown
• https://www.instagram.com/legal/privacy/
• https://www.linkedin.com/legal/privacy-policy

Partner & service provider

• https://www.myclubs.com/ch/en/data-protection/
• https://www.bexio.com/de-CH/richtlinien/datenschutz
• https://www.eversports.ch/h/privacy
• https://explore.zoom.us/de/privacy/
• https://www.dropbox.com/privacy
• https://go.microsoft.com/fwlink/?LinkId=521839
• https://www.swisscom.ch/de/privatkunden/rechtliches/datenschutz.html
• https://www.zkb.ch/de/rechtliches/datenschutz.html
• https://www.post.ch/de/pages/footer/datenschutz-und-rechtliches