Hereinafter we inform you about the nature, scope and purpose of the processing of your personal data when visiting our website at “https://clarissa-coaching.mykajabi.com”. Personal data is any information that relates to an identified or identifiable natural person.
The person responsible (“Controller”) within the meaning of the EU General Data Protection Regulation (GDPR) is the natural or legal person which, alone or jointly with others, determines the purposes and means of the processing of personal data. Controller within the meaning of the GDPR for the personal data processed by this shop is Clarissa Hoffmann, Drozzaweg 9, 81375, phone +19173732142, e-mail [email protected] (hereinafter “we”).
2. When you visit our web site
When you visit our website, our server collects the following information from your device: browser type and version, operating system used, the previously visited web page, IP address, and time of the page view.
We collect and process this data in order to ensure the trouble-free operation of our website and to detect, fend off and prosecute a misuse of our services. Furthermore, we use the collected data for statistical purposes to evaluate, for example, by which devices and browsers our shop is accessed in order to improve and adapt our offer to our customers’ needs on an ongoing basis. This data processing is based on Article 6 par. 1 f GDPR.
We will delete the aforementioned data no later than twelve months after they have been collected.
3. When you place an order
When you order or book with us, we process your name, your address (as far as provided by you) and your e-mail address. We will also process any additional information provided by you voluntarily during the ordering process (such as a differing billing address or a telephone number).
We process this data electronically for the proper performance of the contract, in particular for shipping, invoicing, accounting, and processing of returns and complaints. This data processing is based on Article 6 par. 1 b GDPR.
We store this data until all mutual claims arising from the respective contractual relationship with you have been completely settled and the commercial and fiscal retention periods to which we are subject have expired.
To conclude a contract between you and us, it is necessary that we have your name and your e-mail address. The necessity of providing this data arises from various statutory regulations (eg. § 312i par. 1 and 3 BGB [German Civil Code], § 14 par. 4 UStG [German Turnover Tax Act]. Without providing this data, you cannot conclude a contract with us.
We refrain from using automated decision-making or profiling for deciding whether or not to conclude a contract.
4. Customer Account
When a customer account is not already necessary for us to provide our services to you, you may, optionally, setup a customer account with us. In such case your consent is the legal basis for processing your account data (Article 6 par. 1 a GDPR). We keep the account data stored until you close the account or you ask us for its closure. For personal data connected to contracts already concluded by you, the retention periods given in section “If you place an order” apply independently from the existence of your customer account.
Upon receipt of a payment, we process the data transmitted to us by the payment service provider.
This data processing takes place according to Article 6 par. 1 b GDPR. We shall store this data until all mutual claims arising from the respective contractual relationship with you have been completely settled and all commercial and fiscal retention periods to which we are subject have expired.
To assist us in our operational procedures we use the services of Stripe for processing data according to Article 28 GDPR.
For the operation of our website on the Internet, we use technical services provided by Kajabi LLC, 17100 Laguna Canyon Rd #100, Irvine, CA 92618 as Processor according to Article 28 GDPR.
7. Contacting us
If you use a contact or chat form on our website, we will process the data input by you; this may be, besides your message as such, your name and your e-mail address.
If you send us a message by e-mail, we will save your message along with the sender details (your name, e-mail address, and any additional information added by your e-mail program) in order to be able to answer it and also to respond to possible subsequent questions (legal basis: Article 6 par. 1 f GDPR). For reception, storage and sending of e-mails, we use an e-mail provider who acts for us as a processor in accordance with Article 28 GDPR.
This data processing is based on our legitimate interest to answer your request and handle possible follow-up requests from you (Article 6 par. 1 f GDPR). We will erase the information collected from your message no later than twelve months after the last communication with you on your request, subject to the provision in the following paragraph.
If you send us a message with information legally relevant for the contractual relationship (e.g. a withdrawal or a complaint), the legal basis for the processing is Article 6 par. 1 b GDPR, regardless of how you transmitted your message to us. In such a case, we will erase the data related to your message as soon as all mutual claims arising from the contractual relationship have been completely settled and the commercial and fiscal retention periods have expired.
If you have subscribed to our newsletter, we will inform you by e-mail about new offers and functions of our shop. You will not receive more than one newsletter a week. You can object to the use of your e-mail address for advertising purposes at any time in any form, without incurring any costs other than transmission costs at the basic rate.
This data processing is based on your consent in accordance with Article 6 par. 1 a GDPR. If you revoke your consent to the use of your e-mail address for advertising purposes, we will delete your e-mail address from our mailing list.
As a technical service provider for the dispatch of our newsletter we use services of MailChimp, 675 Ponce De Leon Avenue, Northeast Suite 5000 Atlanta, GA 30308 USA, (Processor according to Article 28 GDPR).
9. Comments and Ratings
When you write a comment or an evaluation on one of our services, we will publish your contribution on our website together with your username, for which you may specify a pseudonym. To counteract misuse of our offer, we store the IP address of the device you are writing from for a period of twelve months (Article 6 par. 1 f GDPR). We reserve the right to delete any unsuitable or thematically inappropriate posts at any time. In other respects we delete published contributions at the request of the respective author.
This data processing is carried out on the basis your consent (Article 6 par. 1 a GDPR).
11. Google Services
As far as you have given your consent, we use certain Google services on our website. If you visit our website from a location within the European Union, Norway, Iceland, Liechtenstein or Switzerland “Google“ means Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland, otherwise Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.
General information on the use of data by Google may be found on the Google website at https://policies.google.com/technologies/partner-sites (“How Google uses information from sites or apps that use our services“).
12. Google Analytics
As far as you have given your consent, we use Google Analytics, a web analytics service of Google. Google therefore places cookies on your device. With these cookies, Google can collect information about how you use our website. This information is transmitted to a Google server, where it is evaluated by Google and made available to us. We use the information to better understand what visitors to our website are interested in, to determine the success of our advertising and to improve our services. The legal basis for this data processing is your consent (Article 6 par. 1 a GDPR).
For compiling the usage analytics, Google acts as our processor according to Article 28 GDPR, based on a processing contract that incorporates the EU standard contractual clauses. You can access the content of the processing agreement with Google (“Data Processing Terms”) online at https://privacy.google.com/businesses/processorterms/.
13. Facebook Pixel, Custom Audience, Conversion Tracking
On our website, we use the “Facebook Pixel” function provided by Facebook (Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbor, Dublin 2, Ireland, or, if you are based in the US or Canada: Facebook Inc. , 1 Hacker Way, Menlo Park, CA 94025, USA). This function allows you and other visitors to our site to be defined as a “custom audience” for advertisements provided by Facebook (“Facebook Ads”). To do this, Facebook uses an invisible graphics file that we integrate into our website to analyze your user behavior and derives products or topics that interest you. With “Facebook Pixel”, we can also determine the effectiveness of Facebook Ads, namely, whether and how you respond to an advertisement from us (“conversion tracking”).
This data processing is based on Article 6 par. 1 f GDPR, namely on our legitimate interest in advertising our offers to those who are likely to be interested in our products and to analyze the effectiveness of our online advertising.
Facebook Inc. has committed itself under the EU-US Privacy Shield Agreement to comply with European Union’s data protection laws.
14. Social Media
You may find Social Media buttons on our website; they can be recognized by the logos of the social media platforms (hereinafter “Platforms”) (Instagram: square camera logo). Clicking on such a button calls the respective Platform’s website; at the same time, the IP address of your device and the address of the page where the link is placed (“Referrer”) will be transmitted to the Platform. However, we neither collect nor otherwise process any data related to the use of these social media buttons.
15. Your Rights
With regard to your personal data we process, you have the following rights:
You have the right to obtain a confirmation from us as to whether we process personal data concerning you. If this is the case, we will inform you about the personal data stored about you and the further information in accordance with Article 15 par. 1 and 2 GDPR.
You have the right to have your inaccurate personal data rectified without undue delay. Taking into account the purposes of processing, you also have the right to request the completion of incomplete personal data, including by means of providing a supplementary statement.
You can demand the erasure of your personal data concerning you under the conditions of Article 17 par. 1 GDPR without undue delay, as far as their processing is not necessary according to Article 17 par. 3 GDPR.
You may demand that we restrict the processing of your data if one of the requirements of Article 18 par. 1 GDPR applies. In particular, you can request the restriction instead of an erasure.
We will communicate any rectification or erasure of your personal data and a restriction of processing to all recipients to whom we have disclosed your personal data, unless this proves impossible or involves a disproportionate effort. We will also inform you about these recipients if you request it.
You have the right to receive the personal data which you provide to us in a structured, commonly used and machine-readable format. You may also request that we transmit the data to another controller without hindrance, where technically feasible.
As far as a data processing is based on your given consent, you have the right to, withdraw your consent at any time. The withdrawal of consent shall not affect the lawfulness of the data processing based on consent before its withdrawal.
RIGHT TO OBJECT: ON GROUNDS RELATING TO YOUR PARTICULAR SITUATION, YOU MAY, AT ANY TIME, OBJECT TO PROCESSING OF YOUR PERSONAL DATA; this right applies to a processing, according to Article 6 par. 1 f DPRG, necessary for the purposes of the legitimate interests pursued by us or by a third party, except where such interests are overridden by your interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child. If you exercise your right to object, we will no longer process the personal data in question unless we can demonstrate compelling legitimate grounds for processing that override the interests, rights and freedoms of you, or for the establishment, exercise or defense of legal claims.
IN CASE WE PROCESS PERSONAL DATA FOR DIRECT MARKETING PURPOSES (E.G. NEWSLETTER), YOU MAY, AT ANY TIME, OBJECT TO PROCESSING OF YOUR PERSONAL DATA FOR THE PURPOSE OF SUCH ADVERTISING, WITH THE RESULT THAT WE WILL NO LONGER PROCESS YOUR DATA FOR THESE PURPOSES.
If you believe that the processing of your personal data is in breach of the GDPR, you may lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement. This does not exclude other administrative or judicial remedies.
Information concerning the right of withdrawal for digital content
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period is 14 days from the day of the conclusion of the contract.
To exercise the right of withdrawal, you must inform us (Clarissa Hoffmann, Drozzaweg 9, 81375 München, phone +19173732142, e-mail [email protected]) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
Expiration of the right of withdrawal
Your right of withdrawal expires, if the performance of the contract has begun with your prior express consent and your acknowledgment that you thereby lose your right of withdrawal with the start of the execution of the contract and if we have recorded your consent and acknowledgment in our contract confirmation.
Sample Withdrawal Form
(complete and return this form only if you wish to withdraw from the contract)
- To: Clarissa Hoffmann, Drozzaweg 9, 81375 München, e-mail [email protected]
- I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*) / for the provision of the following service (*)
- Ordered on (*) / received on (*)
- Name of consumer(s)
- Address of consumer(s)
- Signature of consumer(s) (only if this form is notified on paper)
(*) Delete as appropriate.
General Terms and Conditions
Section 1- Provider, inclusion by reference of the General Terms and Conditions
(1) The Provider and contracting party for the services presented on our website “https://clarissa-coaching.mykajabi.com” is Clarissa Hoffmann, Drozzaweg 9, 81375, phone +19173732142, e-mail [email protected] (referred to hereinbelow as the “Provider”, “we” or “us” for short).
(2) The present General Terms and Conditions are a component part of any contractual agreement made between the Provider and the respective Customer. We hereby object to any terms and conditions that the Customer may have established and that contradict the present General Terms and Conditions.
Section 2 – Services offered and conclusion of contract
(1) The selection of an offer, conclusion of contract and implementation of the agreement shall all take place in German or English to the Customer’s discretion.
(2) The Provider is making a binding offer for providing the services presented on the website. By transmitting the order using the button “"complete my purchase"” the Customer accepts the Provider’s offer. The Provider shall confirm the conclusion of the contract by e-mail (contract confirmation).
(3) Before finally placing the purchase order, the Customer is shown an overview of the data recorded for his order, including the essential characteristics of the services. At this point, the Customer may check the data for any incorrect input and, if necessary, go back one or more steps in the order process to change the data or completely discontinue the order.
(4) After conclusion of the contract, the Provider sends the content of the contract (contract text) to the Customer by e-mail. At the same time, the Provider stores the contract text in his electronic data processing.As the Customer cannot access the Provider’s data, it is the Customer’s responsibility to save the e-mail with the contract text for later reference.
Section 3 – Prices and payment
(1) All product prices are total prices. VAT will not be shown on invoices (§ 19 UStG).
(2) The Customer can use the following payment methods to pay for his purchase: PayPal, Klarna, paydirekt, Stripe, Apple Pay, Google Pay.
(3) The Provider shall only perform his service after the Customer has made the payment. For live sessions the Customer must have made his payment no later than the beginning of the booked event.
(4) For services provided towards customers outside the European Union, the Customer may be obliged to pay import tax to his local tax authority (“Reverse Charge”). The Provider has no means of influencing this local tax.
Section 4 – Digital Contents
(1) A product offered by the Provider as digital content to be provided by e-mail or as download will not be delivered by post.
(2) The reception of digital content requires that the Customer has an internet connection. The Provider points out that the Customer’s network supplier may charge the Customer extra costs for the data traffic; the Provider has no means of influencing them.
(3) Where the Provider makes a digital content available for download, the Provider guarantees an up-time of the download server of 99% on average for a calendar month.
(4) If the Customer is a consumer and expressly consents that the contract shall be performed already before expiration of the withdrawal period and the Customer acknowledges that he thereby loses his right of withdrawal, the Provider shall deliver the digital content immediately. In all other cases, the Provider shall deliver the digital content after expiration of the withdrawal period.
Section 5 – Right of withdrawal for consumers
(1) A Customer ordering as consumer may be entitled to a right of withdrawal in accordance with the statutory pre-requisites. A consumer means every natural person who enters into a legal transaction for a purpose that is mainly outside his commercial or self-employed professional activity.
(2) The pre-requisites and legal consequences of the German stipulations as to consumers’ rights of withdrawal shall apply to consumers having their permanent residence outside of Germany also in those cases in which the consumer’s national law does not provide for a right of withdrawal or provides for a shorter withdrawal period or for stricter requirements as to form.
(3) The details result from the withdrawal information.
Section 6 – Warranty
Warranty claims shall be governed by the statutory regulations.
Section 7 – Out-of-court Dispute Resolution
(1) For settling consumer disputes out-of-court, the European Union offers a platform for online dispute resolution (“ODR platform“) at ec.europa.eu/consumers/odr.
(2) We are neither obliged nor willing to participate in consumer dispute resolution proceedings.
Section 8 – Final provisions
(1) The laws of the Federal Republic of Germany shall apply, to the exclusion of the United Nations Convention on the International Sale of Goods (UNCISG). However, German law shall not apply to transactions with consumers having their permanent residence abroad to the extent the national laws applicable to those consumers set out provisions that cannot be contracted out to the detriment of the consumers.
(2) Should individual provisions of the present General Terms and Conditions prove to be invalid or impossible to implement, this shall not affect the validity of the remaining provisions.