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Terms & Privacy Policy

 

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Terms of Use

  1. Contracting Party

The contractual partner is Coaching & Consulting, owned by Christine Kalkschmid, Aryanastrasse 22, 8704 Herrliberg, hereinafter referred to as CK Coaching

  1. Scope

The General Terms and Conditions apply to all coaching and consulting services provided by CK Health & Nutrition, visits to CK Coaching, Aryanastrasse 22, 8704 Herrliberg or to the premises of Gold Coast Fitness GmbH in Bergstrasse 295 in 8707 Uetikon am See as well as to the websites www.kalkschmid.com or www.healthandnutrition.ch. For visits to the premises of Gold Coast Fitness GmbH, the General Terms and Conditions of Gold Coast Fitness GmbH, which can be found at www.goldcoastfitness.ch, also apply.

  1. Products and Services

CK Coaching offers various coaching services and benefits. We expressly reserve the right to make changes. The concrete offer is agreed upon individually with the customers. The scope and prices of the current offer are available at the premises of CK Coaching as well as on the website.

CK Coaching does not provide any medical advice or any recommendations that can be used as a substitute for medical advice. The products and services of CK Coaching should not be used to diagnose, prescribe, or treat any disease, illness, injury, or other medical condition.

If in doubt, please consult your general practitioner, medical doctor, or healthcare provider before using any products or services of CK Coaching, as well as for any further medical questions.

CK Coaching reserves the right in certain cases to provide services only in cooperation with attending physicians, physiotherapists, psychologists, etc., or to refuse the provision of services altogether if there is otherwise a risk to the physical or mental health of the customers.

Any material and content shared by CK Coaching is only intended to be inspirational for a healthy lifestyle. The ideas, concepts, and opinions expressed are for general information purposes only based on personal experience and, if explicitly mentioned, scientific research.

  1. Conclusion of contract, duration of the contract, and payment

The scope and duration of the contract depend on the individual agreement between the customer and CK Coaching.

The services are to be paid for at the time of conclusion or extension of the contract. For coaching sessions of 3 months duration or longer, monthly payment is also possible (in advance at the beginning of each new monthly period).

Agreed appointments must be canceled at least 24 hours before the scheduled start. For cancellations that are not made on time, the hourly quota will be charged or the hour will be invoiced.

  1. Liability

The liability of CK Coaching for all damages, accidents, injuries, and illnesses, in connection with your visit to or use of CK Coaching’s products and services will be governed by the applicable civil and criminal laws. criminal law provisions. Liability for slight negligence and liability for auxiliary persons are excluded.

CK Coaching also assumes no liability for damage, loss, or theft of objects, money, or valuables brought along.

  1. Data protection

Creation and use of personal data and graphical material

In order to document progress, data is collected during the coaching sessions and success measurements (e.g. in-body scans, weight protocols, body circumferences, etc.) and images are created (e.g. before/after comparisons). CK Coaching will only use these data for marketing purposes on their own website and on social media (mainly Facebook and Instagram) is used.

For the use of ProCoach from Precision Nutrition, the general terms and conditions and data protection provisions of Precision Nutrition for the use of ProCoach that are visible in the app and on the ProCoach website also apply.

Collection and use of personal data

CK Coaching collects, uses, processes, and stores data only for the exercise of its own business purposes, e.g. for the administration of customers, and only to the extent that it is necessary to provide the services ordered.

The responsible body for data processing is:

Coaching & Consulting
Owner Christine Kalkschmid
Aryanastrasse 22
8704 Herrliberg
Email: christine@kalkschmid.com

Personal data will only be passed on to third parties, as far as this is necessary for the exercise of is necessary for the company’s own business purposes; e.g. storage for Member administration or transmission to financial service providers for payment processing.

Personal data will only be stored as long as it is necessary to fulfill the requested services is required or as required by the storage periods stipulated by law.

Everyone has the right to request information about the data stored about them by CK Coaching at any time. to obtain data. The same applies to the right to rectification, blocking, or, apart from prescribed data storage for business transactions, deletion of personal data.

  1. General information

These general terms and conditions, the individual contract, any special Provisions and the price overview form an integral part of the contractual relationship between CK Coaching and their customers.

We expressly reserve the right to make changes to the general terms and conditions. The following applies in each case the version valid at the time of conclusion or extension of the contract.

  1. Severability clause

Should any provision of the general terms and conditions be invalid, void, or in any other If any provision of this agreement is or becomes invalid in any way, the validity of the remaining provisions shall not be affected thereby. In the event of the invalidity of a provision, it shall be replaced by a valid provision, which comes closest to the meaning and purpose of the invalid provision. In the same way, proceed in case of a regulatory gap.

All legal relationships arising from this contract are subject to Swiss law. Place of jurisdiction is Herrliberg.

Herrliberg, March 2022
Source: Coaching & Consulting


Privacy Policy

Data protection declaration

The responsible body within the meaning of the data protection laws, in particular the EU Basic Data Protection Regulation (DSGVO), is:

Coaching & Consulting
Christine Kalkschmid
Aryanastrasse 22
8704 Herrliberg

Email: christine@kalkschmid.com
Website: http://healthandnutrition.ch/

General note

Based on Article 13 of the Swiss Federal Constitution and the data protection regulations of the Swiss Confederation (Data Protection Act, DSG), every person has the right to protection of his or her privacy and to protection against misuse of personal data. The operators of these pages take the protection of your personal data very seriously. We treat your personal data confidentially and according to the legal data protection regulations as well as this privacy policy.

In cooperation with our hosting providers, we strive to protect the databases as well as possible from external access, loss, misuse, or counterfeiting. We would like to point out that data transmission over the Internet (e.g. when communicating by email) can have security gaps. It is not possible to completely protect data from access by third parties.

By using this website, you agree to the collection, processing, and use of data in accordance with the following description. This website can generally be visited without registration. Data such as pages called up or the name of the file called up, date, and time are stored on the server for statistical purposes without these data being directly related to your person. Personal data, in particular name, address, or e-mail address, is collected on a voluntary basis where possible. Without your consent, the data will not be passed on to third parties.

Processing of personal data

Personal data are all data that refer to a specific or identifiable person. A data subject is a person about whom personal data are processed. Processing includes any handling of personal data, regardless of the means and methods used, in particular the storage, disclosure, acquisition, deletion, storage, modification, destruction, and use of personal data.

We process personal data in accordance with Swiss data protection law. In addition, we process personal data – insofar as and to the extent that the EU DSGVO is applicable – in accordance with the following legal bases in connection with Art. 6 Para. 1 DSGVO

  • lit. a) Processing of personal data with the consent of the data subject.
  • lit. b) Processing of personal data for the purpose of fulfilling a contract with the data subject and for carrying out appropriate pre-contractual measures.
  • lit c) processing of personal data for the fulfillment of a legal obligation to which we are subject in accordance with any applicable law of the EU or in accordance with any applicable law of a country in which the DSGVO is fully or partially applicable.
  • lit. d) Processing of personal data to protect the vital interests of the data subject or of another natural person.
  • lit. f) processing of personal data for the purpose of safeguarding the legitimate interests of us or of third parties, except where such interests are overridden by the fundamental freedoms and rights of the data subject. Legitimate interests are in particular our commercial interest in being able to provide our website, information security, the enforcement of our own legal claims, and compliance with Swiss law.

We process personal data for the time necessary for the purpose or purposes in question. In case of longer-lasting storage obligations due to legal and other obligations to which we are subject, we limit the processing accordingly.

Privacy policy for cookies

This website uses cookies. These are small text files that make it possible to store specific information about the user on the user’s computer while they are using the website. Cookies make it possible, in particular, to determine the frequency of use and number of users of the pages, to analyze the behavior of the page use, but also to make our offer more customer-friendly. Cookies remain stored over the end of a browser session and can be called up again during a new visit. If you do not wish to do so, you should set your Internet browser so that it refuses to accept cookies.

A general objection to the use of cookies used for online marketing purposes can be made for a variety of services, especially in the case of tracking, via the US site http://www.aboutads.info/choices/ or the EU site http://www.youronlinechoices.com/. Furthermore, the storage of cookies can be achieved by switching them off in the browser settings. Please note that not all functions of this online offer can be used in this case.

Privacy policy for SSL/TSL encryption

This website uses SSL/TLS encryption for security reasons and to protect the transmission of confidential content, such as the requests you send to us as the site operator. You can recognize an encrypted connection by the fact that the address line of the browser changes from http://” to https://” and by the lock symbol in your browser line.

If the SSL or TLS encryption is activated, the data you send to us cannot be read by third parties.

Privacy policy for server log files

The provider of this website 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

These data cannot be assigned to specific persons. A consolidation of this data with other data sources is not carried out. We reserve the right to subsequently check this data if we become aware of concrete indications of illegal use.

Third-party services

This website may use Google Maps for embedding maps, Google Invisible reCAPTCHA for protection against bots and spam, and YouTube for embedding videos.

These services of the American Google LLC use, among other things, cookies and as a result, data is transferred to Google in the USA, whereby we assume that in this context no personal tracking takes place solely through the use of our website.

Google is committed to ensuring an adequate level of data protection in accordance with the European Union and the Swiss-American Privacy Shield. Further information can be found in the Data protection declaration of Google.

For the use of ProCoach from Precision Nutrition, the general terms and conditions and data protection provisions of Precision Nutrition for the use of ProCoach that are visible in the app and on the ProCoach website also apply.

Data protection declaration for contact form

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

Privacy policy for newsletter data

If you would like to receive the newsletter offered on this website, we require an e-mail address from you as well as information that allows us to verify that you are the owner of the e-mail address provided and that you agree to receive the newsletter. Further data will not be collected. We use these data exclusively for sending the requested information and do not pass them on to third parties.

You can revoke your consent to the storage of data, the e-mail address, and its use for sending the newsletter at any time, e.g. via the “unsubscribe” link in the newsletter.

Services subject to charges

In order to provide services that are subject to a charge, we ask for additional data, such as payment details, in order to be able to execute your order or your order. We store this data in our systems until the legal retention periods have expired.

Use of Google Maps

This website uses the offer of Google Maps. This allows us to display interactive maps directly on the website and enables you to use the map function conveniently. By visiting the website, Google receives the information that you have called up the corresponding subpage of our website. This happens regardless of whether Google provides a user account through which you are logged in or whether no user account exists. If you are logged in at Google, your data will be assigned directly to your account. If you do not wish to be assigned to your profile on Google, you must log out before activating the button. Google stores your data as user profiles and uses them for the purposes of advertising, market research and/or demand-oriented design of its website. Such an evaluation is carried out in particular (even for users who are not logged in) to provide needs-based advertising and to inform other users of the social network about your activities on our website. You have a right of objection to the creation of these user profiles, whereby you must contact Google to exercise this right.

For more information on the purpose and scope of data collection and processing by Google, as well as further information on your rights in this regard and setting options to protect your privacy, please visit www.google.de/intl/de/policies/privacy.

Privacy policy for Google Analytics

This website uses Google Analytics, a web analytics service provided by Google LL.C., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA («Google»). We can use the statistics obtained to improve our offer and make it more interesting for you as a user. This website also uses Google Analytics for a cross-device analysis of visitor flows, which is carried out via a user ID. If you have a Google user account, you can deactivate the cross-device analysis of your usage in the settings there under «My data», «personal data».

The legal basis for the use of Google Analytics is Art. 6 para. 1 sentence 1 lit. f DS-GVO. The IP address transmitted by your browser within the framework of Google Analytics is not merged with other data from Google. We would like to point out that on this website Google Analytics has been extended by the code «_anonymizeIp();» in order to guarantee an anonymized recording of IP addresses. This means that IP addresses are processed in a shortened form, thus excluding the possibility of personal references. If the data collected about you contains a personal reference, this is immediately excluded and the personal data is therefore deleted immediately.

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 for the purpose of evaluating your use of the website, compiling reports on website activity, and providing other services relating to website activity and internet usage. For the exceptional cases in which personal data is transferred to the USA, Google has subjected itself to the EU-US Privacy Shield, https://www.privacyshield.gov/EU-US-Framework.

Google Analytics uses cookies. The information generated by the cookie about your use of this website is usually transferred to a Google server in the USA and stored there. You may refuse the use of cookies by selecting the appropriate settings on your browser, however, please note that if you do this you may not be able to use the full functionality of this website. You can also prevent the collection of data generated by the cookie and related to your use of the website (including your IP address) to Google and the processing of this data by Google by downloading and installing the browser plugin available at the following link: https://tools.google.com/dlpage/gaoptout.

You can also prevent the use of Google Analytics by clicking on this link: Deactivate Google Analytics. This will save a so-called opt-out cookie on your data carrier, which prevents the processing of personal data by Google Analytics. Please note that if you delete all cookies on your end device, these opt-out cookies will also be deleted, i.e. you will have to set the opt-out cookies again if you want to continue to prevent this form of data collection. The opt-out cookies are set per browser and computer/device and must therefore be activated separately for each browser, computer or another device.

Privacy policy for Google Ads

This website uses the online marketing tool Google Ads from Google («Google Ads»). Google Ads uses cookies to serve ads relevant to users, to improve campaign performance reports, or prevent a user from seeing the same ads more than once. Google uses a cookie ID to help identify which ads are being served on which browser and to prevent them from being shown more than once. Google may also use cookie IDs to track conversions related to ad requests. This is the case, for example, when a user sees a Google Ads ad and later visits the advertiser’s website using the same browser and makes a purchase. According to Google, Google Ads cookies do not contain any personal information.

Due to the marketing tools used, your browser automatically establishes a direct connection with the Google server. Through the integration of Google Ads, Google receives the information that you have called up the corresponding part of our website or clicked on an advertisement from us. If you are registered with a Google service, Google can assign the visit to your account. Even if you are not registered with Google or have not logged in, it is possible that Google will find out and save your IP address. You can prevent participation in this tracking procedure in various ways:

  • by setting your browser software accordingly; in particular, the suppression of third-party cookies means that you will not receive advertisements from third-party providers;
  • by disabling cookies for conversion tracking by setting your browser to block cookies from the domain «www.googleadservices.com» https://adssettings.google.com, this setting will be cleared when you delete your cookies;
  • by deactivating the interest-based ads of the providers that are part of the self-regulation campaign «About Ads» via the link https://www.aboutads.info/choices, whereby this setting is deleted when you delete your cookies;
  • by permanently deactivating it in your Firefox, Internet Explorer or Google Chrome browser under the link https://www.google.com/settings/ads/plugin. We would like to point out that in this case, you may not be able to use all functions of this offer to their full extent.

The legal basis for the processing of your data is a balancing of interests, according to which the processing of your personal data described above is not opposed by any overriding interests on your part that conflict with the above (Art. 6 para. 1 sentence 1 letter f DSGVO). Further information on Google Ads by Google is available at https://ads.google.com/intl/de_DE/home/, and on data protection at Google in general: https://www.google.de/intl/de/policies/privacy. Alternatively, you can visit the Network Advertising Initiative (NAI) website at https://www.networkadvertising.org.

Privacy policy for Facebook

This website uses features from Facebook Inc, 1601 S. California Ave, Palo Alto, CA 94304, USA. When you access our pages with Facebook plug-ins, a connection is established between your browser and the Facebook servers. Data is already being transferred to Facebook. If you have a Facebook account, this data can be linked to it. If you do not want this data to be linked to your Facebook account, please log out of Facebook before visiting our site. Interactions, in particular the use of a comment function or clicking a “Like” or “Share” button, are also passed on to Facebook. You can find out more at https://de-de.facebook.com/about/privacy.

Privacy policy for Instagram

Functions of the Instagram service are integrated into our website. These functions are offered by Instagram Inc, 1601 Willow Road, Menlo Park, CA, 94025, USA. If you are logged in to your Instagram account, you can link the contents of our pages to your Instagram profile by clicking the Instagram button. This allows Instagram to associate your visit to our sites with your account. We would like to point out that we, as the provider of these pages, have no knowledge of the content of the transmitted data or its use by Instagram.

For more information, see the Instagram privacy policy: http://instagram.com/about/legal/privacy/

Privacy policy for LinkedIn

This website uses features of the LinkedIn network. The provider is LinkedIn Corporation, 2029 Stierlin Court, Mountain View, CA 94043, USA. Whenever you access any of our pages that contain LinkedIn functionality, a connection to LinkedIn’s servers is established. LinkedIn will be notified that you have visited our sites using your IP address. When you click the LinkedIn “Recommend” button and are logged into your LinkedIn account, LinkedIn is able to track your visit to our site to you and your account. We would like to point out that we, as the provider of these pages, have no knowledge of the content of the transmitted data or its use by LinkedIn.

For more information, please refer to the LinkedIn privacy policy at https://www.linkedin.com/legal/privacy-policy

External payment service providers

This website uses external payment service providers through whose platforms the users and we can make payment transactions. For example

  • PostFinance (https://www.postfinance.ch/de/detail/rechtliches-barrierefreiheit.html)
  • Visa (https://www.visa.de/nutzungsbedingungen/visa-privacy-center.html)
  • Mastercard (https://www.mastercard.ch/de-ch/datenschutz.html)
  • American Express (https://www.americanexpress.com/de/content/privacy-policy-statement.html)
  • Paypal (https://www.paypal.com/de/webapps/mpp/ua/privacy-full)
  • Bexio AG (https://www.bexio.com/de-CH/datenschutz)
  • Payrexx AG (https://www.payrexx.ch/site/assets/files/2592/datenschutzerklaerung.pdf)
  • Apple Pay (https://support.apple.com/de-ch/ht203027)
  • Stripe (https://stripe.com/ch/privacy)
  • Klarna (https://www.klarna.com/de/datenschutz/)
  • Skrill (https://www.skrill.com/de/fusszeile/datenschutzrichtlinie/)
  • Giropay (https://www.giropay.de/rechtliches/datenschutz-agb/) etc.

Within the scope of the performance of contracts, we appoint payment service providers on the basis of the Swiss Data Protection Ordinance and, where necessary, Art. 6 para. 1 lit. b. EU-DSGVO. In addition, we use external payment service providers on the basis of our legitimate interests in accordance with the Swiss Data Protection Ordinance and, where applicable, Art. 6 para. 1 lit. f. EU-DSGVO to offer our users effective and secure payment options.

The data processed by the payment service providers include inventory data, such as name and address, bank data, such as, inter alia, account or credit card numbers, passwords, TANs, and audit trails, as well as contract, sum total, and recipient related information. The information is required to complete the transactions. However, the data entered is only processed by the payment service providers and stored by them. We as the operator do not receive any information about (bank) accounts or credit cards, but only information to confirm (accept) or reject the payment. Under certain circumstances, the payment service providers may transfer the data to credit agencies. The purpose of this transmission is to check identity and creditworthiness. For this, we refer to the general terms and conditions and data protection information of the payment service providers.

The payment transactions are subject to the terms of business and the data protection information of the respective payment service provider, which can be accessed within the respective website or transaction application. We also refer to these for further information and the assertion of rights of revocation, information, and other affected parties.

Newsletter – Mailchimp

The newsletters are sent via the mailing service provider ‘MailChimp’, a newsletter mailing platform of the US provider Rocket Science Group, LLC, 675 Ponce De Leon Ave NE #5000, Atlanta, GA 30308, USA. You can view the data protection regulations of the mailing service provider here. The Rocket Science Group LLC d/b/a MailChimp is certified under the Privacy-Shield Agreement and thus offers a guarantee to comply with the European level of data protection (PrivacyShield). The dispatch service provider is used on the basis of our legitimate interests in accordance with Art. 6 Para. 1 lit. f DSGVO and an order processing contract in accordance with Art. 28 Para. 3 p. 1 DSGVO.

The dispatch service provider can use the data of the recipients in pseudonymous form, i.e. without allocation to a user, to optimize or improve its own services, e.g. for the technical optimization of the dispatch and the presentation of the newsletter or for statistical purposes. However, the dispatch service provider does not use the data of our newsletter recipients to write to them themselves or to pass the data on to third parties.

Contractual services

We process the data of our contractual partners and interested parties as well as other principals, customers, clients, clients, or contractual partners (uniformly referred to as «Vertragspartner») in accordance with the data protection regulations of the Federal Republic (Data Protection Act, DSG) and the EU-DSGVO in accordance with Art. 6 Para. 1 lit. b. DSGVO in order to provide them with our contractual or pre-contractual services. The data processed, the type, scope, purpose, and necessity of their processing are determined by the underlying contractual relationship.

The processed data includes the master data of our contractual partners (e.g. names and addresses), contact data (e.g. e-mail addresses and telephone numbers) as well as contract data (e.g. services used, contract contents, contractual communication, names of contact persons) and payment data (e.g. bank details, payment history).

As a matter of principle, we do not process special categories of personal data, unless they are part of a commissioned or contractual processing.

We process data that are necessary for the justification and fulfillment of the contractual services and point out the necessity of their specification if this is not evident for the contractual partners. Disclosure to external persons or companies is only made if it is required under a contract. When processing the data provided to us within the framework of an order, we act in accordance with the instructions of the client and the legal requirements.

When using our online services, we may store the IP address and the time of the respective user action. The storage is based on our legitimate interests, as well as the interests of the users in protection against misuse and other unauthorized use. This data will not be passed on to third parties unless it is necessary to pursue our claims according to Art. 6 Para. 1 lit. f. DSGVO is necessary or there is a legal obligation to do so in accordance with Art. 6 Para. 1 lit. c. DSGVO.

The deletion of the data takes place when the data is no longer necessary for the fulfillment of contractual or legal obligations to provide care as well as for dealing with possible warranty and comparable obligations, whereby the necessity of storing the data at irregular intervals is checked. In all other respects, the statutory storage obligations shall apply.

Copyright

The copyright and all other rights to content, images, photos or other files on the website belong exclusively to the operator of this website or the specifically named rights holders. For the reproduction of all files, the written consent of the copyright holder must be obtained in advance.

Anyone who commits a copyright infringement without the consent of the respective rights holder may be liable for prosecution and, at most, damages.

General exclusion of liability

All data of our Internet offer were carefully examined. We make every effort to ensure that the information we offer is up-to-date, correct, and complete. Nevertheless, the occurrence of errors cannot be completely excluded, which means that we cannot guarantee the completeness, correctness, and topicality of information, including journalistic and editorial information. Liability claims for damages of a material or non-material nature caused by the use of the information provided are excluded unless there is evidence of wilful intent or gross negligence.

The publisher can change or delete texts at his own discretion and without notice and is not obliged to update the contents of this website. The use or access to this website is at the visitor’s own risk. The publisher, its clients, or partners are not responsible for any damages, such as direct, indirect, accidental, previously concretely to be determined, or consequential damages, which are allegedly caused by visiting this website and therefore do not assume any liability for them.

The publisher also assumes no responsibility or liability for the content and availability of third-party websites that can be accessed via external links on this website. The operators of the linked sites are solely responsible for their content. The publisher thus expressly distances itself from all third-party content that may be relevant under criminal or liability law or that is contrary to public decency.

Changes

We may amend this privacy statement at any time without notice. The current version published on our website applies. Insofar as the data protection declaration is part of an agreement with you, we will inform you by e-mail or other suitable means in the event of an update.

Questions to the Data Protection Officer

If you have any questions regarding data protection, please send us an e-mail or contact the person in our organization responsible for data protection listed at the beginning of this privacy statement.

Herrliberg, 29.03.2022
Source: SwissAnwalt

 

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