Privacy policy - ENERGETIC HELPERS
In accordance with the legal requirements of data protection law (in particular in accordance with BDSG n.F. and the European Data Protection Regulation 'DS-GVO'), we inform you below about the nature, scope, and purpose of the processing of personal data by our company. This privacy policy also applies to our websites and social media profiles. Regarding the definition of terms such as "personal data" or "processing", we refer to Art. 4 DS-GVO.
Name and contact details of the responsible person
Our responsible person(s) (hereinafter "responsible person") within the meaning of Art. 4 fig. 7 DS-GVO is:
Maria del Pilar de Toro Gonzalez
energetic helpers
Apartado de Correos 17
07460, Pollença, Illes Baleares, Spain
Managing Director Maria de Toro Gonzalez
Commercial Register/No.: ES71023059W
E-mail address: maria@energetic-helpers.com
Types of data, purposes of processing and categories of data subjects
Below we inform you about the nature, scope and purpose of the collection, processing, and use of personal data.
General Terms and Conditions Massage
1. Our massages and treatments are not medical services. These are not paid for or subsidised by health insurance companies.
2. Energetic Helpers only offers wellness treatments and wellness massages. These serve to relax, increase well-being and improve muscular problems and tension. We do not carry out any medical treatments, as these are reserved for the medical professions.
3.In the case of illnesses and health problems requiring treatment, you must obtain written confirmation from your doctor before the massage appointment that the booked massage/application is harmless.
4. wellness massages may not be carried out in the case of the following complaints and illnesses: infectious diseases, severe circulatory diseases (e.g. high blood pressure, heart attack), fever, blood coagulation disorders, inflammations or thromboses, acute slipped discs, injuries and open wounds, in the case of bone fractures, high-grade osteoporosis, intake of strong medication, systemic illnesses such as cancer, varicose veins, severe mental illnesses, certain allergic dispositions, diabetes.
5. intensive massages and acupressure massages may cause muscle soreness after the massage, in rare cases also bruises.
6. first-time clients are given a questionnaire about their current state of health so that reasons against a massage can be excluded and the treatment can be carried out individually. This questionnaire does not need to be filled in again for subsequent appointments, unless there have been changes in the state of health. These must be communicated before the treatment. All personal data and information are subject to confidentiality and will not be passed on to third parties. 7.
7. if, despite careful treatment, consequential damage occurs as a result of information not fully provided or withheld by the client in the questionnaire or as a result of information which was not known to the client himself and which is also not recognisable to the therapist from the outside, Energetic Helpers, Inh. Maria del Pilar de Toro Gonzalez, is exempt from liability.
8. We reserve the right to refuse treatment to clients without giving reasons.
9. The massage treatment is to be paid directly afterwards in full, in CASH or by Paypal or Bizum. Credit cards are not accepted.
10. appointments can be made by telephone or email. Appointments are made binding with verbal or written confirmation from Energetic Helpers and are considered a completed and valid contract.
11. 24 hours before the confirmed appointment, the appointment can be cancelled or postponed free of charge. In the event of a later cancellation or no-show, we will charge 100% of the treatment costs. Late arrival of the client will result in a reduction of the treatment time with full billing of the massage/application.
12. severability clause - Should any of the above provisions be or become invalid, the remaining conditions shall nevertheless remain valid and the validity of the remaining provisions shall not be affected. The business owner reserves the right to make changes to the GTC.
1. types of data we process
Inventory data (name, address, etc.), contact data (telephone number, e-mail, fax, etc.), payment data (bank data, account data, payment history, etc.), content data (text input, videos, photos, etc.),
2. purposes of the processing according to Art. 13 para. 1 c) DS-GVO
3. categories of data subjects under Art. 13(1)(e) DS-GVO.
The data subjects are collectively referred to as "users".
Legal basis for the processing of personal data
In the following, we inform you about the legal bases of the processing of personal data:
1. if we have obtained your consent for the processing of personal data, Art. 6 (1) p. 1 lit. a) DS-GVO is the legal basis.
2. if the processing is necessary for the performance of a contract or for the implementation of pre-contractual measures, which are carried out at your request, Art. 6 para. 1 p. 1 lit. b) DS-GVO is the legal basis.
3. if the processing is necessary for the fulfilment of a legal obligation to which we are subject (e.g. legal retention obligations), then Art. 6 para. 1 p. 1 lit. c) DS-GVO is the legal basis.
4. If the processing is necessary to protect the vital interests of the data subject or another natural person, the legal basis is Art. 6 (1) sentence 1 lit. d) DS-GVO.
5. if the processing is necessary to protect our or a third party's legitimate interests and your interests or fundamental rights and freedoms are not overridden in this respect, Art. 6 (1) S. 1 lit. f) DS-GVO is the legal basis.
Disclosure of personal data to third parties and commissioned processors
As a matter of principle, we do not pass on any data to third parties without your consent. If this should nevertheless be the case, then the transfer takes place based on the previously mentioned legal grounds, e.g. in the case of the transfer of data to online payment providers for the fulfilment of contracts or due to a court order or because of a legal obligation to hand over the data for the purpose of law enforcement, to avert danger or to enforce intellectual property rights.
We also use commissioned processors (external service providers, e.g. for web hosting of our websites and databases) to process your data. If data is passed on to the commissioned processors as part of a commissioned processing agreement, this is always done in accordance with Art. 28 DS-GVO. In doing so, we carefully select our commissioned processors, regularly monitor them and have been granted a right to issue instructions regarding the data. In addition, the order processors must have taken suitable technical and organizational measures and
comply with the data protection regulations according to BDSG n.F. and DS-GVO.
Data transfer to third countries.
The adoption of the European General Data Protection Regulation (GDPR) has created a uniform basis for data protection in Europe. Your data is therefore predominantly processed by companies to which DS-GVO applies. If, however, processing is carried out by services of third parties outside the European Union or the European Economic Area, these must meet the special requirements of Art. 44 et seq. DS-GVO. This means that the processing takes place based on special guarantees, such as the officially recognized determination by the EU Commission of a level of data protection corresponding to the EU or the observance of officially recognized special contractual obligations, the so-called "standard contractual clauses". Insofar as we obtain your express consent to the transfer of data to the USA due to the invalidity of the so-called "Privacy Shield", pursuant to Article 49 (1) sentence 1 lit. a) DSGVO, we point out in this regard the risk of secret access by US authorities and the use of the data for monitoring purposes, possibly without any legal remedy for EU citizens.
Deletion of data and storage period
Deletion of data and storage period
Unless expressly stated in this privacy policy, your personal data will be deleted or blocked as soon as you revoke the consent given for processing or the purpose for storing the data no longer applies or the data are no longer required for the purpose, unless their continued storage is necessary for evidentiary purposes or is contrary to statutory retention obligations. This includes, for example, retention obligations under commercial law for business letters in accordance with Section 257 (1) of the German Commercial Code (HGB) (6 years) and retention obligations under tax law for receipts in accordance with Section 147 (1) of the German Fiscal Code (AO) (10 years). If the prescribed retention period expires, your data will be blocked or deleted, unless the storage is still necessary for the conclusion or fulfilment of a contract.
Existence of automated decision making
We do not use automated decision making or auditing
Provision of our website and creation of log files
1. if you use our website for information purposes only (i.e. no registration and no other transmission of information), we only collect the personal data that your browser transmits to our server. If you wish to view our website, we collect the following data:
• IP address;
• Internet service provider of the user; - Date and time of the request;
• browser type;
• Language and browser version;
• Content of the retrieval;
• Time zone;
• Access status/HTTP status code;
• Amount of data;
• Websites from which the request came;
• Operating system.
A storage of these data together with other personal data of you does not take place.
2. This data serves the purpose of user-friendly, functional, and secure delivery of our website to you with functions and content as well as their optimization and statistical evaluation.
3. The legal basis for this is our legitimate interest in data processing in accordance with Art. 6 para. 1 sentence 1 lit. f) DS-GVO, which also lies in the above purposes.
4. For security reasons, we store this data in server log files for a storage period of days. After this period, these are automatically deleted, unless we require their retention for evidence purposes in the event of attacks on the server infrastructure or other legal violations.
Online payment provider
1. the settlement takes place in case of payment by "PayPal" via PayPal (Europe) S.àr.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, Web: paypal.co.uk, https://www.paypal.com/de/webapps/mpp/ua/privacy-full.
2. Hereinafter referred to as "online calculators". The online calculators collect, store, and process the usage and billing data from you to determine and bill you for the service you have used. The data entered at the online calculators will only be processed by them and stored by them. If the online billers cannot collect the usage fees or can only collect them in part, or if the online billers fail to do so due to a complaint from you, the usage data will be forwarded by the online billers to the responsible party and, if necessary, blocked by the responsible party. The same also applies if, for example, a credit card company reverses a transaction from you to the debit of the responsible party.
3. legal basis is Art. 6 para. p. 1 lit. b) DSGVO, as the processing is necessary for the fulfilment of a contract by the responsible party. In addition, external online calculators are used based on Art. 6 para. 1 p. 1 lit. f) DSGVO for the legitimate interests of the controller to offer you the most secure, simple, and diverse payment options possible.
4. With regard to the storage period, revocation, information, and data subject rights, we refer to the above privacy statements of the online calculators.
Presence in social media
1. we maintain profiles or fan pages in social media. When you use and call up our profile in the respective network, the respective data protection notices, and terms of use of the respective network apply.
2. data categories and description of data processing: usage data, contact data, content data, inventory data. Furthermore, the data of the users within social networks are generally used usually processed for market research and advertising purposes. For example, usage profiles can be created based on the usage behaviour and resulting interests of the users. The usage profiles can in turn be used, for example, to place advertisements within and outside the networks that presumably correspond to the interests of the users. For these purposes, cookies are usually stored on the users' computers, in which the usage behaviour and interests of the users are stored. Furthermore, data independent of the devices used by the users may also be stored in the usage profiles (especially if the users are members of the respective platforms and are logged in to them). For a detailed presentation of the respective forms of processing and the options to object (opt-out), we refer to the privacy statements and information provided by the operators of the respective networks. In the case of requests for information and the assertion of data subject rights, we also point out that these can be asserted most effectively with the providers. Only the providers have access to the users' data and can take appropriate measures and provide information directly. If you still need help, you can contact us.
3. purpose of processing: communication with the users connected and registered on the social networks; information and advertising for our products, offers and services; external presentation and image cultivation; evaluation and analysis of the users and content of our presences in the social media.
4. Legal basis: The legal basis for the processing of personal data is our legitimate interest in the above purposes pursuant to Art. 6 para. 1 sentence 1 lit. f) DS-GVO. Insofar as you have given us or the responsible party of the social network consent to the processing of your personal data, the legal basis is Art. 6 para. 1 p. 1 lit. a) in conjunction with. Art. 7 DS-GVO.
5. data transfer/recipient category: social network.
6. the privacy notices, information options and objection options (opt-out) of the respective networks / service providers can be found here:
- Facebook - Service provider: Facebook Ireland Ltd, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland); Website: www.facebook.com; Privacy Policy: https://www.facebook.com/about/privacy/, Opt-Out: https://www.facebook.com/settings?tab=ads and http://www.youronlinechoices.com; Objection: https://www.facebook.com/help/contact/2061665240770586; Agreement on joint processing of personal data on Facebook pages (Art. 26 DS-GVO): https://www.facebook.com/legal/terms/page_controller_addendum, Privacy notices for Facebook pages: https://www.facebook.com/legal/terms/information_about_page_insights_data.
We are jointly responsible for our Fan Page with Facebook according to Art. 26 DSGVO. For this purpose, an agreement called "Page Insights Information", available at https://www.facebook.com/legal/terms/page_controller_addendum, was concluded, according to which Facebook must observe certain security measures and will also fulfil the data subject directly rights itself. Thus, you can also contact Facebook directly for information rights and deletions in particular. However, your data subject rights, such as above all information, deletion, objection, and complaint to the competent supervisory authority, will not be affected by this. For more information on shared responsibility, please see the "Page Insights Data Information" at https://www.facebook.com/legal/terms/information_about_page_insights_data.
- Instagram - Service Provider: Facebook Ireland Ltd, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland) - Privacy Policy/ Opt-Out: https://help.instagram.com/519522125107875, Objection: https://help.instagram.com/contact/186020218683230; Agreement on joint processing of personal data on Instagram pages (Art. 26 DS-GVO): https://www.facebook.com/legal/terms/page_controller_addendum.
- LinkedIn - Service Provider: LinkedIn Ireland Unlimited Company, Wilton Place, Dublin 2, Ireland) - Privacy Policy: https://www.linkedin.com/legal/privacy-policy, Cookie Policy and Opt-Out: https://www.linkedin.com/legal/cookie-policy.
Social media plug-ins
1. we use social media plug-ins from social networks on our website. In doing so, we use the so-called "two-click solution" hariff from c't or heise.de: https://www.heise.de/ct/artikel/Shariff-Social-Media-Buttons-mit-Datenschutz-2467514.html; service provider: Heise Medien GmbH & Co. KG, Karl-Wiechert-Allee 10, 30625 Hannover, Germany; Privacy policy: https://www.heise.de/Datenschutzerklaerung-der-Heise-Medien-GmbH-Co-KG-4860.html.
2. Data category and description of data processing: usage data, content data, inventory data. When you access our website, "Shariff" does not transmit any personal data to the third-party providers of the social plug-ins. Next to the logo or brand of the social network, you will find a slider that allows you to activate the plug-in by clicking on it. This activation represents your consent in the form that the respective provider of the social network receives the information that you have accessed our website and your personal data is transmitted to the provider of the plug-in and stored there. These are so-called third-party cookies. According to some providers such as Facebook and XING, your IP is anonymized immediately after collection. The data collected about the user is stored by the plug-in provider as usage profiles. You can revoke your consent at any time by deactivating the controller.
3. Purpose of data processing: improvement and optimization of our website; increase of our awareness by means of social networks; possibility of interaction with you and the users among themselves via social networks; advertising, analysis and/or demand-oriented design of the website.
4. Legal basis: the legal basis for the processing of personal data is our legitimate interest in the above purposes pursuant to Art. 6 (1) p. 1 lit. f) DS-GVO. Insofar as you have given us or the responsible party of the social network consent to the processing of your personal data, the legal basis is Art. 6 para. 1 p. 1 lit. a) in conjunction with. Art. 7 DS-GVO. In the case of pre-contractual inquiries or the use of your personal data for the performance of a contract, the legal basis is Art. 6 para. 1 p. 1 lit. b) DS-GVO.
5. Data transfer/recipient category: social network.
6. Social networks used and objection: We refer to the respective privacy statements of the social networks regarding the purpose and scope of data collection and processing. In addition, you will also find information there about your rights and setting options for the protection of your personal data. You have the right to object to the creation of these user profiles, whereby you can contact the respective plug-in provider directly to exercise these rights.
Facebook
1. we have installed plug-ins from the social network Facebook.com (registered office in the EU: Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland) on our website as part of the
so-called "two-click solution" integrated by Shariff. You can recognize these by the Facebook logo "f" or the addition "Like", "Like" or "Share".
2. As soon as you activate the Facebook plug-in, a connection from your browser to the Facebook servers is established. In doing so, Facebook receives the information, including your IP, that you have accessed our website and transmits this information to Facebook servers in the USA, where this information is stored. If you are logged into your account at Facebook, Facebook can assign this information to your account. When using the functions of the plug-in, e.g. pressing the "Like" button, this information is also transmitted from your browser to Facebook's servers in the USA and stored there as well as displayed in your Facebook profile and possibly to your friends.
3. the purpose and scope of the data collection and its further processing and use by Facebook, as well as your rights in this regard and settings options for protecting your privacy, can be found in the privacy policy of Facebook. take out: https://www.facebook.com/about/privacy/. Data collection for the "Like" button: https://www.facebook.com/help/186325668085084. You can manage and object to your settings regarding the use of your profile data for advertising purposes on Facebook here: https://www.facebook.com/ads/preferences/.
4. if you log out of Facebook before visiting our website and delete your cookies, no data about your visit to our website will be assigned to your profile on Facebook when the plug-in is activated.
5. agreement on joint processing of personal data on Facebook pages (Art. 26 DS-GVO): https://www.facebook.com/legal/terms/page_controller_addendum, privacy notices for Facebook pages: https://www.facebook.com/legal/terms/information_about_page_insights_data.
1. we have plug-ins on our website from the social network Instagram (service provider: Facebook Ireland Ltd, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland) as part of the so-called "two-click solution" by Shariff. You can recognize this by the Instagram logo in the form of a square camera.
2. If you voluntarily activate the plug-in, a connection is established from your browser to the servers of Instagram. Instagram receives the information, including your IP address, that you have visited our site and transmits the information to Instagram servers in the USA, where this information is stored. If you are logged into your Instagram account, Instagram can assign this information to your account, and you can click the Instagram button and thus share and save the content of our pages on your Instagram account and possibly show it to your friends there. We have no knowledge of the exact content of the transmitted data, its use and storage period by Instagram.
3. if you log out of Instagram before visiting our website and delete your cookies, no data about the visit to our website will be assigned to your profile on Instagram when the plug-in is activated.
4. you can find more information in the privacy policy / opt-out of Instagram at / Opt-Out: https://help.instagram.com/519522125107875, Objection: https://help.instagram.com/contact/186020218683230; Agreement on joint processing
of personal data on Instagram pages (Art. 26 DS-GVO): https://www.facebook.com/legal/terms/page_controller_addendum.
Rights of the data subject
1. objection or revocation against the processing of your data.
Insofar as the processing is based on your consent pursuant to Art. 6 (1) p. 1 lit. a), Art. 7 DS-GVO, you have the right to revoke your consent at any time. The lawfulness of the processing carried out based on the consent until the revocation is not affected by this.
Insofar as we base the processing of your personal data on the balance of interests pursuant to Art. 6 (1) p. 1 lit. f) DS-GVO, you may object to the processing. This is the case if the processing is not necessary, in particular, for the performance of a contract with you, which is presented by us in each case in the following description of the functions. When exercising such an objection, we ask you to explain the reasons why we should not process your personal data as carried out by us. In the event of your justified.
If you object, we will review the situation and either discontinue or adjust the data processing or show you our compelling legitimate grounds for continuing the processing.
You may object to the processing of your personal data for purposes of advertising and data analysis at any time. You can exercise the right to object free of charge. You can inform us about your advertising objection under the following contact details:
energetic helpers
Apartado de Correos 17
07460, Pollença, Illes Baleares, Spain
Managing Director Maria de Toro Gonzalez
Commercial Register/No.: ES71023059W
E-mail address: maria@energetic-helpers.com
2. Right of access
You have a right to information about your personal data stored by us in accordance with Art. 15 DS-GVO. This includes, in particular, information about the processing purposes, the category of personal data, the categories of recipients to whom your data has been or will be disclosed, the planned storage period, the origin of your data, if it has not been collected directly from you.
3. Right to rectification
You have a right to have incorrect data corrected or correct data completed in accordance with Art. 16 DS-GVO.
4. Right to deletion
You have a right to have your data stored by us deleted in accordance with Art. 17 DS-GVO, unless legal or contractual retention periods or other legal obligations or rights to further storage prevent this.
5. Right to restriction
You have the right to request a restriction in the processing of your personal data if one of the conditions in Art. 18 (1) a) to d) DS-GVO is met:
• If you dispute the accuracy, of the personal data concerning you for a period enabling the controller to verify the accuracy of the personal data;
• the processing is unlawful and you object to the erasure of the personal data and request instead the restriction of the use of the personal data;
• the controller no longer needs the personal data for the purposes of processing, but you need them for the establishment, exercise, or defence of legal claims; or
• if you have objected to the processing pursuant to Article 21 (1) DS-GVO and it is not yet clear whether the legitimate grounds of the controller outweigh your grounds.
6. Right to data portability
You have a right to data portability pursuant to Art. 20 DS-GVO, which means that you can receive the personal data we hold about you in a structured, common, and machine-readable format or request that it be transferred to another controller.
7. Right of complaint
You have the right to lodge a complaint with a supervisory authority. As a rule, you can contact the supervisory authority for this purpose, in particular in the Member State of your residence, workplace, or the place of the alleged infringement.
Data security
In order to protect all personal data transmitted to us and to ensure that data protection regulations are complied with by us, as well as by our external service providers, we have taken appropriate technical and organizational security measures. Therefore, among other things, all data between your browser and our server is transmitted encrypted via a secure SSL connection.
Status: 16.02.2022
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Pollença - Balearic Island - Spain