Datenschutz

The responsible body within the meaning of data protection laws, in particular the EU General Data Protection Regulation (GDPR), is
Nadja Leslie Nydegger
MRPractice
3007 Bern

e-mail: moreromepractice@hotmail.com
Website: morerompractice.com

Version of 17. november 2023

In this privacy policy, we, MRPractice and the controller, explain how we collect and otherwise process personal data. This is not an exhaustive description; other data protection declarations or general terms and conditions, conditions of participation and similar documents may regulate specific matters. Personal data refers to all information relating to an identified or identifiable person.

If you provide us with personal data of other persons (e.g. family members, data of work colleagues), please ensure that these persons are aware of this privacy policy and only share their personal data with us if you are authorised to do so and if this personal data is correct.

In principle, you can visit the MRPractice website without having to provide any personal details. Our web server only registers impersonal usage data. These log files provide information about your IP address, the last page visited, the browser used, the date and time of the visit and the file requested. This anonymous data is only evaluated internally and provides us with information for the optimisation of our offer. Such usage data is not linked to any available personal data. The statistical evaluations required for analyses are carried out exclusively with anonymised data.

This Privacy Policy is designed to meet the requirements of the EU General Data Protection Regulation (‘GDPR’), the Swiss Data Protection Act (‘DPA’) and the revised Swiss Data Protection Act (‘revDSG’). However, whether and to what extent these laws are applicable depends on the individual case.

1. responsible person / data protection officer / representative

Nadja Leslie Nydegger is responsible for the data processing described here

3007 Bern [unless otherwise stated in individual cases]. If you have any data protection concerns, you can send them to us at the following contact address (if possible, please specify which ones you are referring to)

2 Collection and processing of personal data

We primarily process the personal data that we receive from our customers and other business partners as part of our business relationship with them and other persons involved or that we collect from their users when operating our websites, apps and other applications.

Insofar as this is permitted, we also obtain certain data from publicly accessible sources (e.g. debt collection registers, land registers, commercial registers, press, internet) or receive such data from other companies within Nadja Leslie Nydegger, from authorities and other third parties (such as [credit reference agencies,] [address dealers]). In addition to the data that you provide to us directly, the categories of personal data that we receive about you from third parties include, in particular, information from public registers, information that we learn in connection with official and legal proceedings, information in connection with your professional functions and activities (so that we can, for example information about you in correspondence and meetings with third parties, creditworthiness information (insofar as we conduct business with you personally), information about you provided to us by people close to you (family, advisors, legal representatives, etc.) so that we can conclude or process contracts with you or with your involvement

(e.g. references, your address for deliveries, powers of attorney, information on compliance with legal requirements such as anti-money laundering and export restrictions, information from banks, insurance companies, sales and other contractual partners of ours on the utilisation or provision of services by you (e.g. payments made, purchases made)),

Information from the media and the internet about your person (insofar as this is appropriate in the specific case, e.g. in the context of an application, press review, marketing/sales, etc.), your addresses and, if applicable, interests and other socio-demographic data (for marketing), data in connection with the use of the website (e.g. IP address, MAC address of the smartphone or computer, information about your device and settings, cookies, date and time of the visit, pages and content accessed, functions used, referring website, location data).

3 Purposes of data processing and legal basis

We use the personal data we collect primarily to conclude and process our contracts with our customers and business partners, to purchase products and services from our suppliers and subcontractors, and to fulfil our legal obligations in Switzerland and abroad. If you work for such a customer or business partner, your personal data may of course also be affected in this function.

In addition, we also process personal data of you and other persons, where permitted and where we deem it appropriate, for the following purposes in which we (and sometimes third parties) have a legitimate interest corresponding to the purpose:

Offering and further developing our offers, services and websites, apps and other platforms on which we are present
Communicating with third parties and processing their enquiries (e.g. applications, media enquiries)
Examination and optimisation of procedures for needs analysis for the purpose of direct customer contact and collection of personal data from publicly accessible sources for the purpose of customer acquisition
Advertising and marketing (including the organisation of events), provided you have not objected to the use of your data (if we send you advertising as an existing customer, you can object to this at any time and we will then place you on a blacklist against further advertising mailings)
Market and opinion research, media monitoring
Assertion of legal claims and defence in connection with legal disputes and official proceedings
Prevention and investigation of criminal offences and other misconduct (e.g. conducting internal investigations, data analyses to combat fraud)
Ensuring our operations, in particular IT, our websites, apps and other platforms
Video surveillance to safeguard domiciliary rights and other measures for IT, building and facility security and protection of our employees and other persons and assets belonging to or entrusted to us (e.g. access controls, visitor lists, network and mail scanners, telephone recordings)
Purchase and sale of business divisions, companies or parts of companies and other transactions under company law and the associated transfer of personal data as well as measures for business management and compliance with legal and regulatory obligations and internal regulations
If you have given us your consent to process your personal data for specific purposes (for example, when you register to receive newsletters or carry out a background check), we will process your personal data within the scope of and based on this consent, unless we have another legal basis and require one. Consent that has been granted can be revoked at any time, but this has no effect on data processing that has already taken place.

4. cookies / tracking and other technologies in connection with the use of our website

We typically use ‘cookies’ and similar technologies on our website to identify your browser or device. A cookie is a small file that is sent to your computer or automatically stored on your computer or mobile device by the web browser you use when you visit our website. This enables us to recognise you when you return to this website, even if we do not know who you are. In addition to cookies that are only used during a session and are deleted after your visit to the website (‘session cookies’), cookies can also be used to store user settings and other information for a certain period of time (e.g. two years) (‘permanent cookies’). However, you can set your browser so that it rejects cookies, only saves them for one session or otherwise deletes them prematurely. Most browsers are preset to accept cookies. We use permanent cookies [so that you can save user settings (e.g. language, autologin),][so that we can better understand how you use our offers and content,][ and][so that we can provide you with customised offers and content.

We may use cookies to show you adverts (which may also happen on other companies' websites; however, we will not tell them who you are, if we even know, because they will only see that the same user is on their website who was on a particular page on ours)]. [Some of the cookies are set by us, some are also set by contractual partners with whom we work]. If you block cookies, certain functionalities (such as language selection, shopping basket, ordering processes) may no longer work.

In some of our newsletters and other marketing emails, we also include visible and invisible image elements, where permitted, which we can retrieve from our servers to determine if and when you have opened the email so that we can measure and better understand how you use our offers and tailor them to you. You can block this in your email programme; most are preset to do so.

By using our website and consenting to receive newsletters and other marketing emails, you agree to the use of these techniques. If you do not want this, you must set your browser or e-mail programme accordingly.

Google Analytics
We sometimes use Google Analytics or similar services on our websites. This is a service provided by third parties, which may be located in any country in the world (in the case of Google Analytics, it is Google Ireland (based in Ireland), Google Ireland relies on Google LLC (based in the USA) as processor (both ‘Google’), google.com), with which we can measure and analyse the use of the website (not personalised). Permanent cookies set by the service provider are also used for this purpose. We have configured the service so that the IP addresses of visitors to Google in Europe are truncated before being forwarded to the USA and therefore cannot be traced. We have switched off the settings ‘Data transfer’ and ‘Signals’. Although we can assume that the information we share with Google is not personal data for Google, it is possible that Google can use this data for its own purposes to draw conclusions about the identity of visitors, create personal profiles and link this data to the Google accounts of these persons.

If you have registered with the service provider yourself, the service provider also knows you. The processing of your personal data by the service provider is then the responsibility of the service provider in accordance with its data protection provisions. The service provider only informs us how our respective website is used (no information about you personally).

Social media
We also use plug-ins from social networks such as Facebook, Twitter, YouTube, Pinterest and Instagram on our websites. This is visible to you in each case (typically via corresponding icons). We have configured these elements so that they are deactivated by default. If you activate them (by clicking on them), the operators of the respective social networks can register that you are on our website and where and can use this information for their purposes. The processing of your personal data is then the responsibility of this operator in accordance with its data protection provisions. We do not receive any information about you from them.

5 Data disclosure and data transfer abroad

As part of our business activities and for the purposes set out in section 3, we also disclose data to third parties, insofar as this is permitted and appears appropriate to us, either because they process it for us or because they wish to use it for their own purposes. This relates in particular to the following

Bodies:

Service providers of ours (e.g. banks, insurance companies), including order processors
Dealers, suppliers, subcontractors and other business partners
customers
Domestic and foreign authorities, official bodies or courts
the media
The public, including visitors to websites and social media
competitors, industry organisations, associations, organisations and other bodies
other parties in potential or actual legal proceedings;

all joint recipients.

Some of these recipients are in Switzerland, but they can be anywhere in the world. In particular, you must expect your data to be transferred to all countries in which Nadja Leslie Nydegger is represented by group companies, branches or other offices, as well as to other countries in Europe and the USA where the service providers we use are located (such as Microsoft).
If a recipient is located in a country without adequate statutory data protection, we contractually oblige the recipient to comply with the applicable data protection law (we use the revised standard contractual clauses of the European Commission, which can be accessed here: https://eur-lex.europa.eu/eli/dec_impl/2021/914/oj?), unless the recipient is already subject to a legally recognised set of rules to ensure data protection and we cannot rely on an exemption clause. An exception may apply in particular in the case of legal proceedings abroad, but also in cases of overriding public interests or if the fulfilment of a contract requires such disclosure, if you have given your consent or if the data in question has been made generally accessible by you and you have not objected to its processing.

6. duration of the storage of personal data

We process and store your personal data for as long as is necessary for the fulfilment of our contractual and legal obligations or otherwise for the purposes pursued with the processing, i.e. for the duration of the entire business relationship (from the initiation, processing to the termination of a contract) and beyond that in accordance with the statutory retention and documentation obligations. It is possible that personal data may be stored for the period in which claims can be asserted against our company and insofar as we are otherwise legally obliged to do so or legitimate business interests require this (e.g. for evidence and documentation purposes). As soon as your personal data is no longer required for the above-mentioned purposes, it will be deleted or anonymised as far as possible. Depending on the applicable legal basis, these periods are five, ten or more years or the purpose of the respective data processing. For operational data (e.g. system protocols, logs), shorter retention periods of twelve months or less generally apply.

7 Data security

We take appropriate technical and organisational security precautions to protect your personal data from unauthorised access and misuse, such as issuing instructions, training, IT and network security solutions, access controls and restrictions, encryption of data carriers and transmissions, pseudonymisation, checks.

8. obligation to provide personal data

As part of our business relationship, you must provide the personal data that is necessary for the establishment and implementation of a business relationship and the fulfilment of the associated contractual obligations (as a rule, you do not have a legal obligation to provide us with data). Without this data, we will generally not be able to enter into or fulfil a contract with you (or the entity or person you represent). The website can also not be used if certain information to secure data traffic (such as IP address) is not disclosed.

9. profiling [and automated decision-making]

We process your personal data partly automatically with the aim of evaluating certain personal aspects (profiling). We use profiling in particular to provide you with targeted information and advice about products. In doing so, we use evaluation tools that enable us to provide needs-based communication and advertising, including market and opinion research.

As a matter of principle, we do not use fully automated decision-making (as regulated in Art. 22 GDPR) to establish and conduct the business relationship or otherwise. Should we use such procedures in individual cases, we will inform you of this separately if this is required by law and inform you of the associated rights.

10 Rights of the data subject

You have the right to information, correction, deletion, the right to restrict data processing and otherwise to object to our data processing, in particular for the purposes of direct marketing, profiling for direct advertising and other legitimate interests in processing, as well as to the disclosure of certain personal data for the purpose of transfer to another organisation (so-called data portability) within the framework of the data protection law applicable to you and insofar as provided for therein (such as in the case of the GDPR). Please note, however, that we reserve the right to assert the restrictions provided for by law, for example if we are obliged to store or process certain data, have an overriding interest in doing so (insofar as we may invoke this) or require it for the assertion of claims. If you incur costs, we will inform you in advance. We have already informed you about the possibility of withdrawing your consent in section 3. Please note that exercising these rights may conflict with contractual agreements and may have consequences such as premature cancellation of the contract or cost consequences. We will inform you in advance if this is not already contractually regulated.

The exercise of such rights generally requires that you clearly prove your identity (e.g. by means of a copy of your identity card, where your identity is otherwise not clear or cannot be verified). To assert your rights, you can contact us at the address given in section 1.
Every data subject also has the right to enforce their claims in court or to lodge a complaint with the competent data protection authority. The competent data protection authority in Switzerland is the Federal Data Protection and Information Commissioner (http://www.edoeb.admin.ch).

11. changes

We may amend this privacy policy at any time without prior notice. The current version published on our website shall apply. If the privacy policy is part of an agreement with you, we will inform you of the change by e-mail or other suitable means in the event of an update.

12 Liability for links

References and links to third-party websites are outside our area of responsibility. Any responsibility for such websites is rejected.

13. copyrights
The copyright and all other rights to content, images, photos or other files on the website belong exclusively to Nadja Leslie Nydegger or the specifically named rights holders. The written consent of the copyright holders must be obtained in advance for the reproduction of any elements.

Payment methods
- Offline payments
- Instant bank transfer
- prepayment

General terms and conditions for the organisation of training courses and workshops
The business relationship between the trainer (hereinafter: ‘Trainer’) and the customer (hereinafter: ‘Customer’) shall be governed exclusively by the following General Terms and Conditions in the version valid at the time the service is provided.

Subject matter of the contract
The subject matter of the contract is individual counselling and support for customers within the scope of the agreed training and health advice.

Object of service
The trainer offers the customer a concept that is optimised for the customer. The concept contains various recommendations on training content, choice of sportswear and nutritional recommendations. The concept takes into account the respective needs and physical abilities of the customer.
The trainer provides the customer with personalised advice. The customer is looked after personally by the trainer.
The following additional services are offered: Personal training, online support / coaching, topic-specific workshops, movement practice.

Training and making an appointment
A personal consultation with the customer takes place before the training sessions begin. The content and goals are agreed during the consultation. During the consultation, the customer informs the trainer about their health and physical limitations.
A training session lasts 60 minutes. Longer training sessions are arranged individually with the customer. The training sessions take place outdoors, at the trainer's premises or at the customer's premises.
Appointments are by appointment only. The agreed appointment must be cancelled at least 24 hours before the agreed time. A fee amounting to 100% of the price of a training session will be charged for cancelled appointments.

Obligations of the customer
The customer is obliged to inform the trainer of his/her fitness to exercise without being asked before the start of the training session. Should any sudden health or fitness problems occur during the training session, the customer is obliged to inform the trainer immediately. This is done in the form of a health questionnaire, which is provided by the trainer.

Liability and information
The trainer is not liable for damages suffered by the customer. This does not apply to liability for a breach of an essential contractual obligation and for liability for damages to the member resulting from injury to life, limb or health, nor for damages resulting from an intentional or grossly negligent breach of duty by the trainer, his legal representatives or vicarious agents. Essential contractual obligations are those whose fulfilment is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely. Insurance is the responsibility of the customer, each customer is liable. The customer is expressly advised not to bring any valuables. The trainer does not assume any duty of care or guarding for any valuables brought in. The trainer is not liable for damage caused by the customer's overconfidence. If the customer does not follow the trainer's instructions and suffers damage as a result, the trainer's liability is excluded. The trainer has appropriate public liability insurance.

Confidentiality
The trainer is obliged to maintain confidentiality about all information of the customer that becomes known in connection with the fulfilment of the training measures. This also applies after the termination of the contractual relationship between the trainer and the customer.

Duration of contract
In principle, only fixed-term contracts are concluded between the trainer and the customer. Cancellation is excluded unless there is a permanent medical indication that makes it impossible to continue the contract. Only medical certificates are recognised as proof.

Final provisions
Amendments, supplements and ancillary agreements must be made in writing to be effective, unless otherwise stipulated in these GTC. The written form requirement also applies to the waiver of this formal requirement. Should any of the above provisions be invalid or unenforceable, this shall not affect the validity of the remaining provisions. The invalid or unenforceable provision shall be replaced by mutual agreement with a suitable, legally valid substitute provision that comes as close as possible to the economic purpose of the invalid or unenforceable provision. Should a provision of these General Terms and Conditions be invalid, this shall not affect the validity of the remaining provisions.

A consumer within the meaning of this regulation is any natural person who concludes a legal transaction with private concerns. An entrepreneur is any natural or legal person who, when concluding a legal transaction, is acting in their professional or commercial interests.

1) We are liable without limitation for damage to body or health, as well as in cases of intent and gross negligence. Furthermore, in the event of fraudulent concealment of a defect and in all other cases regulated by law. Liability for defects within the scope of the statutory warranty can be found in the corresponding regulation in our customer information.
2) If essential contractual obligations are not fulfilled, the liability of the online shop for slight negligence is limited to the foreseeable damage typical for the contract.
3) In the event of a breach of non-essential obligations arising from the contract, liability for slightly negligent breaches of duty is excluded.

Choice of law

1) German law shall apply. The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.

Dispute resolution

1) The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), which can be accessed at http://ec.europa.eu/odr.

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