1. Privacy at a glance

 

General information

 

The following information provides a simple overview of what happens to your personal data when you visit this website. Personal data means all data by which you can be personally identified. Detailed information on the subject of data protection can be found in our Privacy Policy set out below this text.

 

Data collection on this website

 

Who is responsible for data collection on this website?

 

Data processing on this website is carried out by the website operator. The operator's contact details can be found in the section “Notice regarding the controller” in this Privacy Policy.

 

How do we collect your data?

 

Your data is collected, on the one hand, when you provide it to us. This may, for example, be data that you enter into a contact form.

 

Other data is collected automatically or after you have given your consent when you visit the website by our IT systems. This primarily includes technical data (e.g. internet browser, operating system or time of page access). This data is collected automatically as soon as you enter this website.

 

What do we use your data for?

 

Some of the data is collected to ensure that the website is provided without errors. Other data may be used to analyse your user behaviour.

 

What rights do you have regarding your data?

 

You have the right at any time to receive information free of charge about the origin, recipients and purpose of your stored personal data. You also have the right to request the rectification or erasure of this data. If you have given consent to data processing, you may withdraw this consent at any time with effect for the future. You also have the right, under certain circumstances, to request the restriction of the processing of your personal data. Furthermore, you have the right to lodge a complaint with the competent supervisory authority. You may contact us at any time in this regard and with any further questions concerning data protection.

 

Analytics tools and tools from third-party providers

 

When you visit this website, your browsing behaviour may be statistically evaluated. This is primarily done using so-called analytics programs. Detailed information on these analytics programs can be found in the following Privacy Policy.

 

2. Hosting

 

We host the content of our website with the following provider:

 

Amazon Web Services (AWS)

 

The provider is Amazon Web Services EMEA SARL, 38 Avenue John F. Kennedy, 1855 Luxembourg (hereinafter “AWS”). When you visit our website, your personal data is processed on AWS servers. Personal data may also be transferred to AWS's parent company in the USA. Data transfers to the USA are based on the EU Standard Contractual Clauses. Details can be found here: https://aws.amazon.com/de/blogs/security/aws-gdpr-data-processing-addendum/. Further information can be found in AWS's Privacy Policy: https://aws.amazon.com/de/privacy/?nc1=f_pr. The use of AWS is based on Art. 6(1)(f) GDPR. We have a legitimate interest in presenting our website as reliably as possible. Where corresponding consent has been requested, processing is carried out exclusively on the basis of Art. 6(1)(a) GDPR and Section 25(1) TDDDG, insofar as the consent includes the storage of cookies or access to information on the user's terminal device (e.g. device fingerprinting) within the meaning of the TDDDG. Consent may be withdrawn at any time. The company is certified under the “EU-US Data Privacy Framework” (DPF). The DPF is an agreement between the European Union and the USA intended to ensure compliance with European data protection standards in data processing operations in the USA. Every company certified under the DPF undertakes to comply with these data protection standards. Further information on this can be obtained from the provider at the following link: https://www.dataprivacyframework.gov/participant/5776.

 

3. General information and mandatory information

 

Data protection

 

The operators of these pages take the protection of your personal data very seriously. We treat your personal data confidentially and in accordance with the statutory data protection regulations and this Privacy Policy. When you use this website, various personal data is collected. Personal data means data by which you can be personally identified. This Privacy Policy explains which data we collect and what we use it for. It also explains how and for what purpose this is done. We point out that data transmission on the internet (e.g. when communicating by email) may have security vulnerabilities. Complete protection of data against access by third parties is not possible.

 

Notice regarding the controller

 

The controller responsible for data processing on this website is:

 

SwingWorks Systems GmbH

Maienbreite 59

92318 Neumarkt

Telephone: 09181-520-6003

Email: info@swingworks.de

 

The controller is the natural or legal person who, alone or jointly with others, determines the purposes and means of the processing of personal data (e.g. names, email addresses or similar).

 

Storage period

 

Unless a more specific storage period has been stated within this Privacy Policy, your personal data will remain with us until the purpose for data processing no longer applies. If you make a justified request for erasure or withdraw consent to data processing, your data will be erased unless we have other legally permissible grounds for storing your personal data (e.g. retention periods under tax or commercial law); in the latter case, erasure will take place once these grounds no longer apply.

 

General information on the legal bases for data processing on this website

 

If you have consented to data processing, we process your personal data on the basis of Art. 6(1)(a) GDPR or Art. 9(2)(a) GDPR, insofar as special categories of data pursuant to Art. 9(1) GDPR are processed. In the event of express consent to the transfer of personal data to third countries, data processing is also carried out on the basis of Art. 49(1)(a) GDPR. If you have consented to the storage of cookies or to access to information on your terminal device (e.g. via device fingerprinting), data processing is additionally carried out on the basis of Section 25(1) TDDDG. Consent may be withdrawn at any time. If your data is required for the performance of a contract or for the implementation of pre-contractual measures, we process your data on the basis of Art. 6(1)(b) GDPR. Furthermore, we process your data if this is required to fulfil a legal obligation on the basis of Art. 6(1)(c) GDPR. Data processing may also be carried out on the basis of our legitimate interest pursuant to Art. 6(1)(f) GDPR. The legal bases applicable in each individual case are set out in the following paragraphs of this Privacy Policy.

 

Recipients of personal data

 

In the course of our business activities, we work with various external bodies. In some cases, this also requires the transfer of personal data to these external bodies. We only pass on personal data to external bodies if this is necessary within the scope of contract performance, if we are legally obliged to do so (e.g. disclosure of data to tax authorities), if we have a legitimate interest in the disclosure pursuant to Art. 6(1)(f) GDPR, or if another legal basis permits the data transfer. When using processors, we only disclose personal data of our customers on the basis of a valid data processing agreement. In the case of joint processing, an agreement on joint processing is concluded.

 

Withdrawal of your consent to data processing

 

Many data processing operations are only possible with your express consent. You may withdraw consent that has already been given at any time. The lawfulness of data processing carried out up to the point of withdrawal remains unaffected by the withdrawal.

 

Right to object to data collection in special cases and to direct marketing (Art. 21 GDPR)

 

WHERE DATA PROCESSING IS CARRIED OUT ON THE BASIS OF ART. 6(1)(E) OR (F) GDPR, YOU HAVE THE RIGHT AT ANY TIME, ON GROUNDS RELATING TO YOUR PARTICULAR SITUATION, TO OBJECT TO THE PROCESSING OF YOUR PERSONAL DATA; THIS ALSO APPLIES TO PROFILING BASED ON THESE PROVISIONS. THE RESPECTIVE LEGAL BASIS ON WHICH PROCESSING IS BASED CAN BE FOUND IN THIS PRIVACY POLICY. IF YOU OBJECT, WE WILL NO LONGER PROCESS YOUR PERSONAL DATA CONCERNED UNLESS WE CAN DEMONSTRATE COMPELLING LEGITIMATE GROUNDS FOR THE PROCESSING WHICH OVERRIDE YOUR INTERESTS, RIGHTS AND FREEDOMS, OR THE PROCESSING SERVES THE ESTABLISHMENT, EXERCISE OR DEFENCE OF LEGAL CLAIMS (OBJECTION PURSUANT TO ART. 21(1) GDPR). IF YOUR PERSONAL DATA IS PROCESSED FOR THE PURPOSE OF DIRECT MARKETING, YOU HAVE THE RIGHT AT ANY TIME TO OBJECT TO THE PROCESSING OF PERSONAL DATA CONCERNING YOU FOR THE PURPOSE OF SUCH MARKETING; THIS ALSO APPLIES TO PROFILING INSOFAR AS IT IS RELATED TO SUCH DIRECT MARKETING. IF YOU OBJECT, YOUR PERSONAL DATA WILL SUBSEQUENTLY NO LONGER BE USED FOR THE PURPOSE OF DIRECT MARKETING (OBJECTION PURSUANT TO ART. 21(2) GDPR).

 

Right to lodge a complaint with the competent supervisory authority

 

In the event of infringements of the GDPR, data subjects have the right to lodge a complaint with a supervisory authority, in particular in the Member State of their habitual residence, their place of work or the place of the alleged infringement. The right to lodge a complaint exists without prejudice to other administrative or judicial remedies.

 

Right to data portability

 

You have the right to have data that we process automatically on the basis of your consent or in performance of a contract handed over to you or to a third party in a commonly used, machine-readable format. If you request the direct transfer of the data to another controller, this will only be done insofar as it is technically feasible.

 

Access, rectification and erasure

 

Within the scope of the applicable statutory provisions, you have the right at any time to obtain information free of charge about your stored personal data, its origin and recipients and the purpose of data processing, and, where applicable, a right to rectification or erasure of this data. You may contact us at any time in this regard and with any further questions on the subject of personal data.

 

Right to restriction of processing

 

You have the right to request the restriction of the processing of your personal data. You may contact us at any time for this purpose. The right to restriction of processing exists in the following cases: If you dispute the accuracy of your personal data stored by us, we generally need time to verify this. For the duration of the verification, you have the right to request the restriction of the processing of your personal data. If the processing of your personal data was/is unlawful, you may request restriction of data processing instead of erasure. If we no longer need your personal data but you need it for the exercise, defence or establishment of legal claims, you have the right to request restriction of the processing of your personal data instead of erasure.

 

If you have lodged an objection pursuant to Art. 21(1) GDPR, a balancing of your interests and ours must be carried out. As long as it has not yet been determined whose interests prevail, you have the right to request the restriction of the processing of your personal data. If you have restricted the processing of your personal data, this data may - apart from being stored - only be processed with your consent or for the establishment, exercise or defence of legal claims, or for the protection of the rights of another natural or legal person, or for reasons of important public interest of the European Union or of a Member State.

 

SSL or TLS encryption

 

For security reasons and to protect the transmission of confidential content, such as orders or enquiries that you send to us as the website operator, this site uses SSL or TLS encryption. You can recognise an encrypted connection by the fact that the browser address line changes from “http://” to “https://” and by the lock symbol in your browser line. If SSL or TLS encryption is activated, the data that you transmit to us cannot be read by third parties.

 

Encrypted payment transactions on this website

 

If, after conclusion of a paid contract, there is an obligation to transmit your payment data to us (e.g. account number in the case of direct debit authorisation), this data is required for payment processing. Payment transactions using common means of payment (Visa/MasterCard, direct debit procedure) are carried out exclusively via an encrypted SSL or TLS connection. You can recognise an encrypted connection by the fact that the browser address line changes from “http://” to “https://” and by the lock symbol in your browser line. In encrypted communication, your payment data that you transmit to us cannot be read by third parties.

 

Objection to advertising emails

 

We hereby object to the use of contact details published in the context of the legal notice obligation for sending advertising and information materials that have not been expressly requested. The operators of the pages expressly reserve the right to take legal action in the event of unsolicited advertising information being sent, for example by spam emails.

 

4. Data collection on this website

 

Data processing when using the SwingWorks platform

 

SwingWorks provides an online platform through which providers - in particular golf facilities, golf instructors and golf academies - can present and manage their services. Users have the option via the platform to access information, make bookings or contact providers. When users book or request services via our platform, personal data required for carrying out the respective booking is processed. This may include in particular: name, email address, telephone number, postcode, booking and appointment data, course or event information, communication content and, where applicable, payment information.

 

This data is transmitted to the respective provider that performs the booked service. Transmission takes place exclusively for the purpose of carrying out the respective service. The legal basis for this processing is Art. 6(1)(b) GDPR (performance of a contract). The respective provider subsequently processes the transmitted data on its own responsibility within the framework of its own privacy policy.

 

SwingWorks exclusively provides the technical platform through which providers can manage their services and users can make bookings. The contract for the respective service is generally concluded between the user and the respective provider. In these cases, SwingWorks does not become a contractual party to the booked service, but merely provides the technical infrastructure of the platform.

 

Registration and user accounts

 

Users can create a user account on our platform in order to use functions such as bookings, appointment management and communication with providers. Personal data is collected and processed as part of the registration process. This may include in particular: name, email address, password (stored in encrypted form), telephone number, postcode and address data (optional). This data is processed for the provision of platform functions and for the management of bookings. The legal basis is Art. 6(1)(b) GDPR.

 

Provider accounts

 

Golf facilities, golf instructors and other providers have the option to create their own accounts on our platform in order to manage services, create courses and organise bookings. In doing so, personal data of the provider's respective contact persons is processed, in particular name, email address, telephone number, billing address and account access data. Processing is carried out for the purpose of providing and managing the platform functions pursuant to Art. 6(1)(b) GDPR (performance of a contract). The data is stored as long as the respective provider account exists or statutory retention obligations prevent erasure. The providers are themselves responsible for the processing of personal data of their customers within the scope of the services offered.

 

Insofar as SwingWorks processes personal data of end customers on behalf of the respective providers, this is done within the framework of processing on behalf pursuant to Art. 28 GDPR. In these cases, SwingWorks processes personal data exclusively in accordance with the instructions of the respective provider and on the basis of a corresponding data processing agreement.

 

Cookies

 

Our websites use so-called “cookies”. Cookies are small data packets and do not cause any damage to your terminal device. They are stored on your terminal device either temporarily for the duration of a session (session cookies) or permanently (persistent cookies). Session cookies are automatically deleted after the end of your visit. Persistent cookies remain stored on your terminal device until you delete them yourself or they are automatically deleted by your web browser. Cookies may originate from us (first-party cookies) or from third-party companies (so-called third-party cookies). Third-party cookies enable the integration of certain services of third-party companies within websites (e.g. cookies for processing payment services).

 

Cookies have various functions. Numerous cookies are technically necessary because certain website functions would not work without them (e.g. the shopping basket function or the display of videos). Other cookies may be used to evaluate user behaviour or for advertising purposes.

 

Cookies that are required to carry out the electronic communication process, to provide certain functions requested by you (e.g. for the shopping basket function), or to optimise the website (e.g. cookies for measuring web audiences) (necessary cookies) are stored on the basis of Art. 6(1)(f) GDPR, unless another legal basis is specified. The website operator has a legitimate interest in storing necessary cookies for the technically error-free and optimised provision of its services. If consent to the storage of cookies and comparable recognition technologies has been requested, processing is carried out exclusively on the basis of this consent (Art. 6(1)(a) GDPR and Section 25(1) TDDDG); consent may be withdrawn at any time. You can set your browser so that you are informed about the setting of cookies and only allow cookies in individual cases, exclude the acceptance of cookies for certain cases or generally, and activate the automatic deletion of cookies when closing the browser. If cookies are deactivated, the functionality of this website may be restricted. If further cookies and services are used on this website, this can be found in this Privacy Policy.

 

CookieFirst

 

Our website uses CookieFirst to obtain your consent to the storage of certain cookies on your terminal device or to the use of certain technologies and to document this in compliance with data protection requirements. The provider of this technology is Digital Data Solutions B.V. (CookieFirst), Plantage Middenlaan 42A, 1018 DH Amsterdam, Netherlands (hereinafter “CookieFirst”). When you enter our website, a connection to CookieFirst's servers is established in order to obtain your consents and other declarations regarding cookie use. CookieFirst then stores a cookie in your browser in order to be able to assign to you the consents granted or their withdrawal. In this context, the IP address (anonymised), the user agent of the browser and operating system and the URL from which consent was given are processed and integrated into CookieFirst. The data collected in this way is stored until you request us to erase it, you delete the CookieFirst cookie yourself, or the purpose for data storage no longer applies. Mandatory statutory retention obligations remain unaffected. CookieFirst transfers personal data to third-party providers. These include CDN from Slovenia, IP geolocation from Romania and hosting at OHV in Germany and France. CookieFirst has its registered office in Amsterdam, Netherlands. CookieFirst is used in order to obtain the legally required consents for the use of cookies. The legal basis for this is Art. 6(1) sentence 1 lit. c GDPR.

 

Server log files

 

The provider of the pages automatically collects and stores information in so-called server log files, which your browser automatically transmits to us. These are: browser type and browser version, operating system used, referrer URL, host name of the accessing computer, time of the server request, IP address.

 

This data is not merged with other data sources. This data is collected on the basis of Art. 6(1)(f) GDPR. The website operator has a legitimate interest in the technically error-free presentation and optimisation of its website - for this purpose, the server log files must be collected.

 

Technical usage data of the platform

 

When using our platform, additional technical usage data may be processed. This includes in particular: time of logins, authentication events (login / logout / password changes), use of individual platform functions, booking actions, system and error logs and technical status messages. This data is processed to ensure the technical operation of the platform, to analyse errors and to improve the platform. This data may also be processed to detect and prevent misuse, unauthorised access or other security-relevant events. The legal basis is Art. 6(1)(f) GDPR (legitimate interest).

 

Backup copies and backups

 

To ensure technical availability, integrity and data security, personal data may be stored in encrypted backup copies (backups). These backups are used exclusively for restoring the systems in the event of technical disruptions, data loss or security-relevant incidents.

 

Contact form

 

If you send us enquiries via the contact form, your details from the enquiry form, including the contact details you provide there, will be stored by us for the purpose of processing the enquiry and in the event of follow-up questions. We do not pass on this data without your consent.

 

This data is processed on the basis of Art. 6(1)(b) GDPR if your enquiry is related to the performance of a contract or is necessary for the implementation of pre-contractual measures. In all other cases, processing is based on our legitimate interest in the effective processing of enquiries addressed to us (Art. 6(1)(f) GDPR) or on your consent (Art. 6(1)(a) GDPR), if this has been requested; consent may be withdrawn at any time. The data entered by you in the contact form remains with us until you request us to erase it, withdraw your consent to storage, or the purpose for data storage no longer applies (e.g. after completion of the processing of your enquiry). Mandatory statutory provisions - in particular retention periods - remain unaffected.

 

Enquiry by email or telephone

 

If you contact us by email or telephone, your enquiry, including all personal data resulting from it (name, enquiry), will be stored and processed by us for the purpose of handling your request. We do not pass on this data without your consent. This data is processed on the basis of Art. 6(1)(b) GDPR if your enquiry is related to the performance of a contract or is necessary for the implementation of pre-contractual measures. In all other cases, processing is based on our legitimate interest in the effective processing of enquiries addressed to us (Art. 6(1)(f) GDPR) or on your consent (Art. 6(1)(a) GDPR), if this has been requested; consent may be withdrawn at any time. The data sent to us by you via contact enquiries remains with us until you request us to erase it, withdraw your consent to storage, or the purpose for data storage no longer applies (e.g. after completion of the processing of your request). Mandatory statutory provisions - in particular statutory retention periods - remain unaffected.

 

Calendly

 

On our website, you have the option to schedule appointments with us. For appointment booking, we use the tool “Calendly”. The provider is Calendly LLC, 271 17th St NW, 10th Floor, Atlanta, Georgia 30363, USA (hereinafter “Calendly”). For the purpose of appointment booking, you enter the requested data and your preferred appointment into the form provided for this purpose. The data entered is used for planning, carrying out and, where applicable, following up on the appointment. The appointment data is stored for us on Calendly's servers; you can view Calendly's Privacy Policy here: https://calendly.com/privacy.

 

The data entered by you remains with us until you request us to erase it, withdraw your consent to storage, or the purpose for data storage no longer applies. Mandatory statutory provisions - in particular retention periods - remain unaffected. The legal basis for data processing is Art. 6(1)(f) GDPR. The website operator has a legitimate interest in making appointment scheduling with prospects and customers as uncomplicated as possible. Where corresponding consent has been requested, processing is carried out exclusively on the basis of Art. 6(1)(a) GDPR and Section 25(1) TDDDG, insofar as the consent includes the storage of cookies or access to information on the user's terminal device (e.g. device fingerprinting) within the meaning of the TDDDG. Consent may be withdrawn at any time. Data transfer to the USA is based on the Standard Contractual Clauses of the EU Commission. Details can be found here: https://calendly.com/pages/dpa. The company is certified under the “EU-US Data Privacy Framework” (DPF). The DPF is an agreement between the European Union and the USA intended to ensure compliance with European data protection standards in data processing operations in the USA. Every company certified under the DPF undertakes to comply with these data protection standards. Further information on this can be obtained from the provider at the following link: https://www.dataprivacyframework.gov/participant/6050.

 

5. Analytics tools and advertising

 

Google Analytics

 

This website uses functions of the web analytics service Google Analytics. The provider is Google Ireland Limited (“Google”), Gordon House, Barrow Street, Dublin 4, Ireland.

 

Google Analytics enables the website operator to analyse the behaviour of website visitors. In doing so, the website operator receives various usage data, such as page views, length of stay, operating systems used and the user's origin. This data is assigned to the user's respective terminal device. It is not assigned to a user ID. Furthermore, with Google Analytics we can record, among other things, your mouse and scroll movements and clicks. Google Analytics also uses various modelling approaches to supplement the collected data sets and uses machine learning technologies for data analysis. Google Analytics uses technologies that enable the recognition of the user for the purpose of analysing user behaviour (e.g. cookies or device fingerprinting). The information collected by Google about the use of this website is generally transferred to a Google server in the USA and stored there. The use of this service is based on your consent pursuant to Art. 6(1)(a) GDPR and Section 25(1) TDDDG. Consent may be withdrawn at any time. Data transfer to the USA is based on the Standard Contractual Clauses of the EU Commission. Details can be found here: https://business.safety.google/adscontrollerterms/sccs/. The company is certified under the “EU-US Data Privacy Framework” (DPF). The DPF is an agreement between the European Union and the USA intended to ensure compliance with European data protection standards in data processing operations in the USA. Every company certified under the DPF undertakes to comply with these data protection standards. Further information on this can be obtained from the provider at the following link: https://www.dataprivacyframework.gov/participant/5780.

 

IP anonymisation

 

Google Analytics IP anonymisation is activated. As a result, your IP address is shortened by Google within Member States of the European Union or in other contracting states to the Agreement on the European Economic Area before transmission to the USA. Only in exceptional cases is the full IP address transferred to a Google server in the USA and shortened there. On behalf of the operator of this website, Google will use this information to evaluate your use of the website, to compile reports on website activity and to provide the website operator with other services related to website and internet use. The IP address transmitted by your browser within the scope of Google Analytics is not merged with other Google data.

 

Browser plugin

 

You can prevent the collection and processing of your data by Google by downloading and installing the browser plugin available at the following link: https://tools.google.com/dlpage/gaoptout?hl=de.

 

More information on how Google Analytics handles user data can be found in Google's Privacy Policy: https://support.google.com/analytics/answer/6004245?hl=de.

 

Google Ads

 

The website operator uses Google Ads. Google Ads is an online advertising program of Google Ireland Limited (“Google”), Gordon House, Barrow Street, Dublin 4, Ireland. Google Ads enables us to display advertisements in the Google search engine or on third-party websites when the user enters certain search terms on Google (keyword targeting). Furthermore, targeted advertisements can be displayed on the basis of user data held by Google (e.g. location data and interests) (audience targeting). As the website operator, we can quantitatively evaluate this data by analysing, for example, which search terms led to the display of our advertisements and how many advertisements led to corresponding clicks.

 

The use of this service is based on your consent pursuant to Art. 6(1)(a) GDPR and Section 25(1) TDDDG. Consent may be withdrawn at any time.

 

Data transfer to the USA is based on the Standard Contractual Clauses of the EU Commission. Details can be found here: https://policies.google.com/privacy/frameworks and https://business.safety.google/controllerterms/.

 

The company is certified under the “EU-US Data Privacy Framework” (DPF). The DPF is an agreement between the European Union and the USA intended to ensure compliance with European data protection standards in data processing operations in the USA. Every company certified under the DPF undertakes to comply with these data protection standards. Further information on this can be obtained from the provider at the following link: https://www.dataprivacyframework.gov/participant/5780.

 

Meta Pixel (formerly Facebook Pixel)

 

This website uses Meta's visitor action pixel for conversion measurement. The provider of this service is Meta Platforms Ireland Limited, Merrion Road Dublin 4, Dublin, D04 X2K5, Ireland. According to Meta, however, the data collected is also transferred to the USA and to other third countries. This allows the behaviour of site visitors to be tracked after they have been redirected to the provider's website by clicking on a Meta advertisement. This enables the effectiveness of Meta advertisements to be evaluated for statistical and market research purposes and future advertising measures to be optimised. The collected data is anonymous for us as the operator of this website; we cannot draw any conclusions about the identity of users. However, the data is stored and processed by Meta so that a connection to the respective user profile on Facebook or Instagram is possible and Meta can use the data for its own advertising purposes in accordance with Meta's Data Usage Policy (https://de-de.facebook.com/about/privacy/). This enables Meta to display advertisements on Facebook or Instagram pages and other advertising channels. We as the site operator cannot influence this use of the data. The use of this service is based on your consent pursuant to Art. 6(1)(a) GDPR and Section 25(1) TDDDG. Consent may be withdrawn at any time. Insofar as personal data is collected on our website with the help of the tool described here and forwarded to Meta, we and Meta Platforms Ireland Limited, Merrion Road Dublin 4, Dublin, D04 X2K5, Ireland are jointly responsible for this data processing (Art. 26 GDPR). Joint responsibility is limited exclusively to the collection of the data and its transfer to Meta. The processing by Meta after forwarding is not part of the joint responsibility. The obligations incumbent on us jointly have been set out in an agreement on joint processing. The wording of the agreement can be found at: https://www.facebook.com/legal/controller_addendum. According to this agreement, we are responsible for providing data protection information when using the Meta tool and for the data-protection-compliant implementation of the tool on our website. Meta is responsible for the data security of Meta products. You can assert data subject rights (e.g. requests for information) regarding data processed by Facebook or Instagram directly with Meta. If you assert data subject rights with us, we are obliged to forward them to Meta. Data transfer to the USA is based on the Standard Contractual Clauses of the EU Commission. Details can be found here: https://www.facebook.com/legal/EU_data_transfer_addendum and https://de-de.facebook.com/help/566994660333381. Further information on protecting your privacy can be found in Meta's privacy notices: https://de-de.facebook.com/about/privacy/. You can also deactivate the “Custom Audiences” remarketing function in the advertising settings section at https://www.facebook.com/ads/preferences/?entry_product=ad_settings_screen. To do so, you must be logged in to Facebook.

 

If you do not have an account with Facebook or Instagram, you can deactivate usage-based advertising from Meta on the website of the European Interactive Digital Advertising Alliance: http://www.youronlinechoices.com/de/praferenzmanagement/.

 

The company is certified under the “EU-US Data Privacy Framework” (DPF). The DPF is an agreement between the European Union and the USA intended to ensure compliance with European data protection standards in data processing operations in the USA. Every company certified under the DPF undertakes to comply with these data protection standards. Further information on this can be obtained from the provider at the following link: https://www.dataprivacyframework.gov/participant/4452.

 

6. Newsletter

 

Newsletter data

 

If you wish to subscribe to the newsletter offered on the website, we require from you an email address as well as information that allows us to verify that you are the owner of the email address provided and that you agree to receive the newsletter. Further data is not collected, or is collected only on a voluntary basis.

 

System and service information: Existing customers and providers of our platform are informed as part of email communication or newsletters about information relevant to the use of the platform. This may include in particular: system updates, new functions, maintenance work, security-relevant notices and changes to the platform. In these cases, processing is carried out on the basis of Art. 6(1)(b) GDPR (performance of a contract) or Art. 6(1)(f) GDPR (legitimate interest in providing reliable information about the use of our platform).

 

We use newsletter service providers, which are described below, to handle the newsletters.

 

Mailchimp

 

This website uses the services of Mailchimp for sending newsletters. The provider is The Rocket Science Group LLC, 675 Ponce De Leon Ave NE, Suite 5000, Atlanta, GA 30308, USA. Mailchimp is a service which can be used, among other things, to organise and analyse the sending of newsletters. If you enter data for the purpose of receiving the newsletter (e.g. email address), this is stored on Mailchimp's servers in the USA. With the help of Mailchimp, we can analyse our newsletter campaigns. When you open an email sent with Mailchimp, a file contained in the email (so-called web beacon) connects to Mailchimp's servers in the USA. This makes it possible to determine whether a newsletter message has been opened and which links, if any, have been clicked. Technical information is also collected (e.g. time of access, IP address, browser type and operating system). This information cannot be assigned to the respective newsletter recipient. It is used exclusively for the statistical analysis of newsletter campaigns. The results of these analyses can be used to better adapt future newsletters to the interests of recipients. If you do not want analysis by Mailchimp, you must unsubscribe from the newsletter. We provide a corresponding link for this purpose in every newsletter message. Data processing is carried out on the basis of your consent (Art. 6(1)(a) GDPR). You can withdraw this consent at any time by unsubscribing from the newsletter. The lawfulness of the data processing operations already carried out remains unaffected by the withdrawal. The data you have stored with us for the purpose of receiving the newsletter is stored by us or the newsletter service provider until you unsubscribe from the newsletter and is deleted from the newsletter distribution list after you unsubscribe from the newsletter. Data stored by us for other purposes remains unaffected by this. Data transfer to the USA is based on the Standard Contractual Clauses of the EU Commission. Details can be found here: https://mailchimp.com/eu-us-data-transfer-statement/ and https://mailchimp.com/legal/data-processing-addendum/#Annex_C_-_Standard_Contractual_Clauses.

 

After you unsubscribe from the newsletter distribution list, your email address may be stored by us or the newsletter service provider in a blacklist, if this is necessary to prevent future mailings. The data from the blacklist is used only for this purpose and is not merged with other data. This serves both your interest and our interest in complying with legal requirements when sending newsletters (legitimate interest within the meaning of Art. 6(1)(f) GDPR). Storage in the blacklist is not limited in time. You may object to the storage if your interests outweigh our legitimate interest. Further details can be found in Mailchimp's privacy provisions at: https://mailchimp.com/legal/terms/.

 

The company is certified under the “EU-US Data Privacy Framework” (DPF). The DPF is an agreement between the European Union and the USA intended to ensure compliance with European data protection standards in data processing operations in the USA. Every company certified under the DPF undertakes to comply with these data protection standards. Further information on this can be obtained from the provider at the following link: https://www.dataprivacyframework.gov/participant/7693.

 

Optional Mailchimp integration for providers

 

Our platform may optionally enable providers to use their own communication or newsletter functions via integrated services such as Mailchimp. In these cases, personal data is processed exclusively on behalf of and under the responsibility of the respective provider. SwingWorks merely provides the technical integration option within the platform and does not process this data for its own purposes.

 

7. Plugins and tools

 

IP-based location determination

 

When visiting our website, we may determine an approximate geographical position (e.g. country, region or city) based on the user's IP address in order to display relevant local search results, for example golf clubs, golf courses, courses or golf instructors near the user.

 

For this purpose, we use the service IPinfo.io; the provider is IPinfo.io, Inc., 2905 Northwest Blvd, Suite 150, Plymouth, MN 55441, USA. Processing is carried out server-side via the systems of SwingWorks in order to be able to provide location-related content already when the website loads.

 

In this context, the user's IP address may be transmitted to the service provider in order to determine an approximate location.

 

The location information is used exclusively to improve user-friendliness and to display relevant location-related content. No movement profiles are created and there is no use for marketing or tracking purposes.

 

SwingWorks does not permanently store location-related data in this context.

 

Processing is carried out on the basis of Art. 6(1)(f) GDPR. Our legitimate interest lies in the user-friendly presentation of relevant content and search results on our platform.

 

Further information on data processing by IPinfo.io can be found in the provider's Privacy Policy: https://ipinfo.io/privacy-policy

 

Google Maps

 

This website uses the Google Maps map service of Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland.

 

When accessing a page on which Google Maps is embedded, personal data, in particular the user's IP address, may be transmitted to Google. The data may also be processed on servers in the USA.

 

Google Maps is used on the basis of our legitimate interest in the user-friendly presentation of geographical information and the easy location of sites pursuant to Art. 6(1)(f) GDPR.

 

Further information on data processing by Google can be found at: https://policies.google.com/privacy?hl=de

 

Error monitoring and technical stability

 

New Relic

 

We use New Relic, a service of New Relic, Inc., 188 Spear Street, Suite 1200, San Francisco, CA 94105, USA, to monitor the availability, stability and performance of our systems.

 

In this context, technical information may be processed, in particular IP addresses, device and browser information, system and error logs and usage data, insofar as this is necessary for analysing and resolving technical problems.

 

Processing is carried out to ensure the secure, stable and high-performance operation of our services.

 

Data transfer to third countries is carried out on the basis of appropriate safeguards pursuant to Art. 44 et seq. GDPR, in particular the Standard Contractual Clauses of the European Commission and - insofar as applicable - certification under the EU-US Data Privacy Framework (DPF).

 

Further information on data processing by New Relic can be found at: https://newrelic.com/privacy

 

Sentry

 

We use the Sentry service of Functional Software Inc., 45 Fremont Street, 8th Floor, San Francisco, California 94105, USA, to monitor technical stability and analyse errors on our platform.

 

Sentry enables us to detect and resolve technical errors, crashes and performance problems on our website and platform in real time.

 

For this purpose, the following technical data in particular may be processed:

 

- IP address

- Browser and device information

- Operating system

- Time of the error

- URL of the affected page

- Technical log data

- Error messages and stack traces

- Where applicable, a pseudonymised user identifier or email address for logged-in users, insofar as this is necessary to analyse a technical error

 

Processing is carried out exclusively for technical error analysis and to improve the stability, security and functionality of our platform.

 

The use of Sentry is based on Art. 6(1)(f) GDPR. Our legitimate interest lies in the secure, stable and error-free provision of our platform.

 

Further information on data processing by Sentry can be found in the provider's Privacy Policy: https://sentry.io/privacy/

 

Data transfer to the USA is carried out on the basis of the Standard Contractual Clauses of the EU Commission and the EU-US Data Privacy Framework (DPF).

 

Zendesk

 

We use the Zendesk service to provide our online help pages and FAQs. The provider is Zendesk Inc., 1019 Market Street, San Francisco, CA 94103, USA.

 

When accessing the help pages provided via Zendesk, technical access data may be processed. This includes in particular IP address, browser type, operating system, referrer URL and time of page access.

 

Processing is carried out on the basis of our legitimate interest in the user-friendly and structured provision of support and help information pursuant to Art. 6(1)(f) GDPR.

 

Zendesk is certified under the EU-US Data Privacy Framework (DPF).

 

Further information on data protection at Zendesk can be found at: https://www.zendesk.de/company/customers-partners/privacy-policy/

 

8. eCommerce and payment providers

 

Processing customer and contract data

 

We collect, process and use personal customer and contract data for establishing, defining the content of and amending our contractual relationships. We collect, process and use personal data relating to the use of this website (usage data) only insofar as this is necessary to enable the user to use the service or to bill for it. The legal basis for this is Art. 6(1)(b) GDPR. The customer data collected is deleted after completion of the order or termination of the business relationship and expiry of any existing statutory retention periods. Statutory retention periods remain unaffected.

 

Data transfer upon conclusion of contract for services and digital content

 

We transfer personal data to third parties only if this is necessary within the scope of contract processing, for example to the credit institution commissioned with payment processing.

 

No further transfer of data takes place, or only takes place if you have expressly consented to the transfer. Your data is not passed on to third parties without express consent, for example for advertising purposes.

 

The basis for data processing is Art. 6(1)(b) GDPR, which permits the processing of data for the performance of a contract or pre-contractual measures.

 

Payments between users and providers

 

For bookings via our platform, payments may be processed via payment service providers of the respective providers.

 

In these cases, payment data is transmitted directly to the corresponding payment service provider. SwingWorks itself generally does not receive complete payment data such as credit card numbers. SwingWorks receives only the transaction information necessary for technical processing (e.g. payment status or transaction ID).

 

Payment processing is carried out under the responsibility of the respective provider or the payment service provider used by that provider. The privacy provisions of the respective payment service provider apply.

 

Payments between providers and SwingWorks

 

Providers who use our platform to manage their services may make use of paid services from SwingWorks (e.g. software licences).

 

For billing these services, we process the personal data required for this purpose of the respective provider's contact persons, in particular:

 

- Name

- Email address

- Billing and contact details

- Payment information

- Contract and billing data

 

Payment processing may be carried out via payment service providers (e.g. Stripe) or by invoicing through our accounting system.

 

The legal basis is Art. 6(1)(b) GDPR.

 

Payment services

 

We integrate payment services of third-party companies on our website. If you make a purchase from us, your payment data (e.g. name, payment amount, bank details, credit card number) is processed by the payment service provider for the purpose of payment processing. The respective contractual and privacy provisions of the respective providers apply to these transactions. The use of payment service providers is based on Art. 6(1)(b) GDPR (contract processing) and in the interest of a payment process that is as smooth, convenient and secure as possible (Art. 6(1)(f) GDPR). Insofar as your consent is requested for certain actions, Art. 6(1)(a) GDPR is the legal basis for data processing; consent may be withdrawn at any time with effect for the future. We use the following payment services / payment service providers within the scope of this website:

 

PayPal

 

The provider of this payment service is PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter “PayPal”). Data transfer to the USA is based on the Standard Contractual Clauses of the EU Commission.

 

Details can be found here: https://www.paypal.com/de/webapps/mpp/ua/pocpsa-full.

 

Details can be found in PayPal's Privacy Policy: https://www.paypal.com/de/webapps/mpp/ua/privacy-full.

 

Stripe

 

The provider for customers within the EU is Stripe Payments Europe, Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter “Stripe”).

 

Data transfer to the USA is based on the Standard Contractual Clauses of the EU Commission.

 

Details can be found here: https://stripe.com/de/privacy and https://stripe.com/de/guides/general-data-protection-regulation.

 

Further details can be found in Stripe's Privacy Policy at the following link: https://stripe.com/de/privacy.

 

9. Audio and video conferencing

 

Data processing

 

We use, among other things, online conferencing tools for communication with our customers. The tools we use in detail are listed below. If you communicate with us by video or audio conference via the internet, your personal data is collected and processed by us and by the provider of the respective conferencing tool.

 

The conferencing tools collect all data that you provide/use for the use of the tools (email address and/or your telephone number). Furthermore, the conferencing tools process the duration of the conference, start and end (time) of participation in the conference, number of participants and other “context information” in connection with the communication process (metadata).

 

In addition, the provider of the tool processes all technical data required for carrying out online communication. This includes in particular IP addresses, MAC addresses, device IDs, device type, operating system type and version, client version, camera type, microphone or speaker and the type of connection. If content is exchanged, uploaded or otherwise provided within the tool, this is also stored on the servers of the tool providers. Such content includes in particular cloud recordings, chat/instant messages, voicemails, uploaded photos and videos, files, whiteboards and other information shared during use of the service.

 

Please note that we do not have full influence over the data processing operations of the tools used. Our options are largely determined by the corporate policy of the respective provider. Further information on data processing by the conferencing tools can be found in the privacy policies of the respective tools used, which we have listed below this text.

 

Purpose and legal bases

 

The conferencing tools are used to communicate with prospective or existing contractual partners or to offer certain services to our customers (Art. 6(1)(b) GDPR). Furthermore, the use of the tools serves the general simplification and acceleration of communication with us or our company (legitimate interest within the meaning of Art. 6(1)(f) GDPR). Where consent has been requested, the respective tools are used on the basis of this consent; consent may be withdrawn at any time with effect for the future.

 

Storage period

 

The data collected directly by us via the video and conferencing tools is deleted from our systems as soon as you request us to erase it, withdraw your consent to storage, or the purpose for data storage no longer applies. Stored cookies remain on your terminal device until you delete them. Mandatory statutory retention periods remain unaffected.

 

We have no influence on the storage period of your data that is stored by the operators of the conferencing tools for their own purposes. For details, please contact the operators of the conferencing tools directly.

 

Conferencing tools used

 

We use the following conferencing tools:

 

Microsoft Teams

 

We use Microsoft Teams. The provider is Microsoft Ireland Operations Limited, One Microsoft Place, South County Business Park, Leopardstown, Dublin 18, Ireland. Details on data processing can be found in the Microsoft Teams Privacy Statement: https://privacy.microsoft.com/de-de/privacystatement.

 

The company is certified under the “EU-US Data Privacy Framework” (DPF). The DPF is an agreement between the European Union and the USA intended to ensure compliance with European data protection standards in data processing operations in the USA. Every company certified under the DPF undertakes to comply with these data protection standards. Further information on this can be obtained from the provider at the following link: https://www.dataprivacyframework.gov/participant/6474.