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Privacy Policy

This privacy policy provides information about the processing of personal data in connection with our activities and operations, including our website under the domain name www.art-of-motion.com. In particular, we provide information about why, how, and where we process personal data. We also provide information about the rights of individuals whose data we process.

We may publish additional privacy statements or other information on data protection for individual or additional activities and operations.

We are subject to Swiss law and any applicable foreign law, in particular that of the European Union (EU) with the European General Data Protection Regulation (GDPR).

In its decision of July 26, 2000, the European Commission recognized that Swiss data protection law ensures adequate data protection. In its report of January 15, 2024, the European Commission confirmed this adequacy decision.

 

1. Contact details

The data controller is:

art of motion training in movement gmbh

Zielweg 27
3014 Bern
Switzerland

welcome@art-of-motion.com

In individual cases, third parties may be responsible for processing personal data, or there may be joint responsibility with third parties. We will be happy to provide data subjects with information about the respective responsibility upon request.

2. Terms and Legal Bases

2.1 Terms

Data subject: A natural person whose personal data we process.

Personal data: All information relating to an identified or identifiable natural person.

Sensitive personal data: Data concerning union membership, political, religious, or ideological views and activities; data concerning health, intimate life, or racial or ethnic origin; genetic data; biometric data that uniquely identifies a natural person; data on criminal or administrative sanctions or prosecutions; and data on social assistance measures.

Processing: Any handling of personal data, regardless of the means and methods used, for example querying, comparing, adjusting, archiving, storing, reading, disclosing, obtaining, collecting, recording, deleting, revealing, arranging, organizing, saving, modifying, disseminating, linking, destroying, and using personal data.

European Economic Area (EEA): Member states of the European Union (EU) as well as the Principality of Liechtenstein, Iceland, and Norway.

2.2 Legal Bases

We process personal data in accordance with Swiss law, in particular the Federal Act on Data Protection (FADP) and the Data Protection Ordinance (DPO).

If and to the extent that the European General Data Protection Regulation (GDPR) applies, we process personal data in accordance with at least one of the following legal bases:

  • Art. 6 para. 1 lit. b GDPR : for the processing of personal data necessary for the performance of a contract with the data subject or for the implementation of pre-contractual measures.
  • Art. 6 para. 1 lit. f GDPR : for the processing of personal data necessary for the purposes of legitimate interests – including those of third parties – unless overridden by the data subject's fundamental rights and freedoms. Such interests include, in particular, the sustainable, user-friendly, secure, and reliable operation of our activities, ensuring information security, protection against misuse, enforcement of legal claims, and compliance with Swiss law.
  • Art. 6 para. 1 lit. c GDPR : for the processing of personal data necessary for compliance with a legal obligation to which we are subject under applicable law of EEA member states.
  • Art. 6 para. 1 lit. e GDPR : for the processing of personal data necessary for the performance of a task carried out in the public interest.
  • Art. 6 para. 1 lit. a GDPR : for the processing of personal data with the consent of the data subject.
  • Art. 9 (2) et seq. GDPR : for the processing of special categories of personal data, in particular with the consent of the data subjects.

The European General Data Protection Regulation (GDPR) refers to the processing of personal data as "processing of personal data" and the processing of sensitive personal data as "processing of special categories of personal data" (Art. 9 GDPR).

3. Type, Scope, and Purpose of Data Processing

We process the personal data that is necessary to enable us to carry out our activities and operations in a sustainable, people-friendly, secure, and reliable manner. The personal data processed may fall into the categories of browser and device data, content data, communication data, metadata, usage data, master data including inventory and contact data, location data, transaction data, contract data, and payment data. The personal data may also constitute particularly sensitive personal data.

We also process personal data that we receive from third parties, obtain from publicly available sources, or collect in the course of our activities and operations, to the extent that such processing is permitted.

We process personal data, where necessary, with the consent of the data subjects. In many cases, we can process personal data without consent, for example to fulfill legal obligations or to protect overriding interests. We may also ask data subjects for their consent even if their consent is not required.

We process personal data for the period of time necessary for the respective purpose. We anonymize or delete personal data in particular in accordance with statutory retention and limitation periods.

4. Automation and Artificial Intelligence (AI)

We may process personal data automatically or use artificial intelligence to process personal data.

We may use profiling to automatically evaluate certain personal aspects relating to data subjects. Profiling is used, for example, to analyze or predict interests, behaviors, or personal preferences.

We will provide information in individual cases about decisions that are based exclusively on automated processing of personal data and that have legal consequences for the data subjects or significantly affect them (automated individual decisions).

5. Disclosure of Personal Data

We may disclose personal data to third parties, have it processed by third parties, or process it jointly with third parties. Such third parties may include, for example, specialized providers whose services we use.

Within the scope of our activities and operations, we may disclose personal data in particular to banks and other financial service providers, authorities, educational and research institutions, consultants and lawyers, interest groups, IT service providers, cooperation partners, credit and business information agencies, logistics and shipping companies, marketing and advertising agencies, media, parent, sister, and subsidiary companies, organizations and associations, social institutions, telecommunications companies, insurance companies, and payment service providers.

6. Communication

We process personal data in order to communicate with individuals, authorities, organizations, and companies. In particular, we process data that a data subject provides us with when contacting us, for example by letter or email. We may store such data in an address book or similar tool.

Third parties who provide us with data about other individuals are obliged to ensure the data protection of these individuals themselves. In particular, they must ensure that such data is accurate and may be transmitted.

We use selected services from suitable providers to enable and improve communication with individuals and other communication partners. We can also use such services to manage and otherwise process the data of data subjects beyond direct communication.

7. Data Security

We implement appropriate technical and organizational measures to ensure data security appropriate to the respective risk. Through our measures, we specifically ensure the confidentiality, availability, traceability, and integrity of the personal data we process, although we cannot guarantee absolute data security.

Access to our website and other digital presence is secured using transport encryption (SSL / TLS, in particular via Hypertext Transfer Protocol Secure, abbreviated HTTPS). Most browsers issue a warning when visiting a website without transport encryption.

Our digital communication is – as is the case with all digital communication – subject to mass surveillance without cause or suspicion by security authorities in Switzerland, elsewhere in Europe, the United States of America (USA), and other countries. We have no direct influence over the corresponding processing of personal data by intelligence services, police departments, and other security authorities. We also cannot rule out that a specific data subject may be targeted for surveillance.

8. Data Abroad

We generally process personal data in Switzerland and the European Economic Area (EEA). However, we may also export or transfer personal data to other countries, in particular for processing or to have it processed there.

We may export personal data to all countries on Earth and elsewhere in the universe, provided that the local law guarantees adequate data protection in accordance with a decision by the Swiss Federal Council and – if and to the extent that the General Data Protection Regulation (GDPR) applies – also in accordance with a decision by the European Commission.

We may transfer personal data to countries whose laws do not guarantee adequate data protection, provided that data protection is guaranteed for other reasons, in particular on the basis of standard data protection clauses or other appropriate safeguards. In exceptional cases, we may export personal data to countries without adequate or appropriate data protection if the specific data protection requirements are met, for example, the express consent of the data subjects or a direct connection with the conclusion or execution of a contract. Upon request, we will gladly provide data subjects with information about any guarantees or provide a copy of any guarantees.

9. Data Subject Rights

9.1 Data protection claims

We grant data subjects all claims in accordance with applicable law. Data subjects have the following rights in particular:

  • Information: Data subjects may request information as to whether we process personal data about them and, if so, what personal data is involved. Data subjects shall also receive the information necessary to assert their data protection claims and to ensure transparency. This includes the personal data processed as such, but also, among other things, information on the purpose of processing, the duration of storage, any disclosure or export of data to other countries, and the origin of the personal data.
  • Correction and restriction: Data subjects can correct inaccurate personal data, complete incomplete data, and have the processing of their data restricted.
  • Opportunity to express one's own point of view and human review: Data subjects may express their own point of view and request a review by a human being in the case of decisions that are based exclusively on automated processing of personal data and have legal consequences for them or significantly affect them (automated individual decisions).
  • Deletion and objection: Data subjects may have personal data deleted (“right to be forgotten”) and object to the processing of their data with future effect.
  • Data disclosure and data transfer: Data subjects may request the disclosure of personal data or the transfer of their data to another controller.

We may defer, restrict, or deny the exercise of data subjects' rights within the legally permissible scope. We may inform data subjects of any conditions that must be met in order to exercise their data protection rights. For example, we may refuse to provide information in whole or in part on the grounds of confidentiality obligations, overriding interests, or the protection of other persons. We may also refuse to delete personal data in whole or in part, in particular on the grounds of statutory retention obligations.

In exceptional cases, we may charge a fee for exercising these rights. We will inform the persons concerned in advance of any costs.

We are obliged to take appropriate measures to identify persons who request information or assert other rights. The persons concerned are obliged to cooperate.

9.2 Legal protection

Data subjects have the right to enforce their data protection rights through legal action or to lodge a complaint with a data protection supervisory authority.

The data protection supervisory authority for private controllers and federal bodies in Switzerland is the Federal Data Protection and Information Commissioner (FDPIC).

European data protection supervisory authorities are organized as members of the European Data Protection Board (EDPB). In some member states of the European Economic Area (EEA), data protection supervisory authorities have a federal structure, particularly in Germany.

10. Use of the Website

10.1 Cookies

We may use cookies. Cookies – both our own cookies (first-party cookies) and cookies from third parties whose services we use (third-party cookies) – are data that are stored in the browser. Such stored data are not necessarily limited to traditional cookies in text form.

Cookies can be stored in the browser temporarily as “session cookies” or for a specific period of time as so-called permanent cookies. “Session cookies” are automatically deleted when the browser is closed. Permanent cookies have a specific storage period. Cookies enable us, in particular, to recognize a browser when it visits our website again and thus, for example, to measure the reach of our website. Permanent cookies can also be used for online marketing, for example.

Cookies can be completely or partially deactivated, restricted, or deleted at any time in the browser settings. Browser settings often also allow for automated deletion and other management of cookies. Without cookies, our website may no longer be fully available. We actively seek explicit consent to the use of cookies, at least to the extent required by applicable law.

For cookies used for success and reach measurement or for advertising, a general objection (“opt-out”) is possible for numerous services via AdChoices (Digital Advertising Alliance of Canada), the Network Advertising Initiative (NAI), YourAdChoices (Digital Advertising Alliance) or Your Online Choices (European Interactive Digital Advertising Alliance, EDAA).

10.2 Logging

We can log at least the following information for each access to our website and our other digital presence, provided that this information is transmitted to our digital infrastructure during such access: Date and time including time zone, IP address, access status (HTTP status code), operating system including user interface and version, browser including language and version, individual subpages of our website accessed including the amount of data transferred, last website accessed in the same browser window (referrer).

We log such information, which may also constitute personal data, in log files. The information is necessary in order to be able to provide our digital presence in a permanent, user-friendly, and reliable manner. The information is also necessary in order to be able to guarantee data security—including by third parties or with the help of third parties.

10.3 Tracking Pixels

We may incorporate tracking pixels into our digital presence. Tracking pixels are also known as web beacons. Tracking pixels—including those from third parties whose services we use—are usually small, invisible images or scripts written in JavaScript that are automatically retrieved when our digital presence is accessed. Tracking pixels can be used to collect at least the same information as logging in log files.

11. Notifications and Messages

11.1 Success and reach measurement

Notifications and messages may contain web links or tracking pixels that record whether an individual message has been opened and which web links have been clicked on. Such web links and tracking pixels may also record the use of notifications and messages on a personal basis. We require this statistical recording of usage for success and reach measurement in order to be able to send notifications and messages effectively and in a user-friendly manner, as well as permanently, securely, and reliably, based on the needs and reading habits of the recipients.

11.2 Consent and Opt-Out

You must always consent to the use of your email address and other contact details, unless such use is permitted for other legal reasons. We may use the “double opt-in” procedure to obtain double confirmation of your consent. In this case, you will receive a message with instructions for double confirmation. We may log the consent obtained, including your IP address and timestamp, for evidence and security reasons.

You can object to receiving notifications and messages such as newsletters at any time. By doing so, you can also object to the statistical recording of usage for the purpose of measuring success and reach. This does not apply to necessary notifications and messages in connection with our activities and operations.

11.3 Service Providers for Notifications and Communications

We send notifications and communications with the help of specialized service providers.

In particular, we use:

12. Social Media

We are present on social media platforms and other online platforms in order to communicate with interested parties and provide information about our activities and operations. In connection with such platforms, personal data may also be processed outside Switzerland and the European Economic Area (EEA).

The general terms and conditions (GTC) and terms of use, as well as privacy policies and other provisions of the individual operators of such platforms, also apply. These provisions provide information in particular about the rights of data subjects directly vis-à-vis the respective platform, including, for example, the right to information.

For our social media presence on Facebook, including the so-called page insights, we are jointly responsible with Meta Platforms Ireland Limited (Ireland) insofar as the General Data Protection Regulation (GDPR) applies. Meta Platforms Ireland Limited is part of the Meta companies (including in the USA). Page Insights provide information about how visitors interact with our Facebook presence. We use Page Insights to make our social media presence on Facebook effective and user-friendly.

Further information on the type, scope, and purpose of data processing, information on the rights of data subjects, and the contact details of Facebook and Facebook's data protection officer can be found in Facebook's privacy policy. We have concluded the so-called “Supplement for Controllers” with Facebook and have thus agreed in particular that Facebook is responsible for ensuring the rights of data subjects. For so-called Page Insights, the relevant information can be found on the “Information about Page Insights” page, including “Information about Page Insights data.”

13. Third-Party Services

We use the services of specialized third parties to enable us to carry out our activities and operations in a sustainable, user-friendly, secure, and reliable manner. These services enable us, among other things, to embed functions and content into our website. When embedding such content, the services used collect the IP addresses of users, at least temporarily, for technical reasons.

For necessary security-related, statistical, and technical purposes, third parties whose services we use may process data related to our activities and operations in an aggregated, anonymized, or pseudonymized form. This includes, for example, performance or usage data in order to be able to offer the respective service.

In particular, we use:

13.1 Digital infrastructure

We use the services of specialized third parties in order to be able to utilize the digital infrastructure required in connection with our activities and operations. These include, for example, hosting and storage services from selected providers.

In particular, we use:

13.2 Audio and video conferences

We use specialized services for audio and video conferences to communicate online. This allows us to hold virtual meetings or conduct online lessons and webinars, for example. Participation in audio and video conferences is also subject to the legal texts of the individual services, such as privacy policies and terms of use.

Depending on your circumstances, we recommend that you mute your microphone by default when participating in audio or video conferences and blur your background or display a virtual background.

We use the following in particular:

13.3 Online collaboration

We use third-party services to enable online collaboration. In addition to this privacy policy, any directly visible terms and conditions of the services used, such as terms of use or privacy policies, also apply.

13.4 Digital content

We use the services of specialized third parties to integrate digital content into our website. Digital content includes, in particular, image and video material, music, and podcasts.

In particular, we use:

13.5 Fonts

We use third-party services to embed selected fonts, icons, logos, and symbols into our website.

In particular, we use:

13.6 Advertising

We use the option of displaying targeted advertising for our activities and operations on third-party platforms such as social media platforms and search engines.

With such advertising, we aim to reach people who are already interested in our activities and operations or who may be interested in them (remarketing and targeting). To this end, we may transfer relevant information, including personal data, to third parties who enable such advertising. We can also determine whether our advertising is successful, i.e., whether it leads to visits to our website (conversion tracking).

Third parties with whom we advertise and with whom you are registered as a user may assign the use of our website to your profile there.

In particular, we use:

14. Website Extensions

We use extensions for our website to enable additional functions. We may use selected services from suitable providers or use such extensions on our own digital infrastructure.

In particular, we use:

  • Google reCAPTCHA: Spam protection (distinguishing between desired content from humans and unwanted content from bots and spam); Provider: Google; Google reCAPTCHA-specific information: “What is reCAPTCHA?”.

15. Analytics

We try to measure the success and reach of our activities and operations. Within this framework, we can also measure the impact of third-party references or check how different parts or versions of our digital presence are used (A/B testing method). Based on the results of the success and reach measurement, we can, in particular, correct errors, strengthen popular content, or make improvements.

In most cases, the IP addresses of individual users are collected for success and reach measurement. In this case, IP addresses are always shortened (“IP masking”) in order to comply with the principle of data minimization through pseudonymization.

Cookies may be used to measure success and reach, and user profiles may be created. Any user profiles created may include, for example, the individual pages visited or content viewed on our digital presence, information about the size of the screen or browser window, and the location (at least approximately). As a rule, any user profiles are created exclusively in pseudonymized form and are not used to identify individual users. Individual third-party services to which users are registered may assign the use of our online offering to the user account or user profile for the respective service.

We use the following in particular:

16. Final Notes

We have created this privacy policy using the privacy policy generator from Datenschutzpartner.

We may update this privacy policy at any time. We will inform you of any updates in an appropriate manner, in particular by publishing the current privacy policy on our website.

17. Cookies