Privacy Policy
Status: March 2025
We place great importance on transparent handling of personal data. This privacy policy provides information about what personal data we collect, for what purpose, and to whom we disclose it. To ensure high transparency, this privacy policy is regularly reviewed and updated. All changes take effect immediately after their publication on the website. By using the website and services, you automatically agree to the most current version of the privacy policy.
1. Services we use
- Google Analytics
- Google Tag Manager
- Google Ads
- Meta Ads
- Cal.com
- Stripe
- Circle
- Vimeo
- Google Fonts API
- Onepage
- Kit
2. Contact Information
If you have questions or concerns about how we protect your data, you can reach us at any time via email. Responsible for data processing carried out through this website is:
TMB Performance GmbH
Hirschmattstrasse 30a
6003 Lucerne
Switzerland
Email: info@tmbperformance.com
Person responsible for data protection:
Torben Malte Bendt
3. General Principles
3.1 What data do we collect from you and from whom do we receive this data?
We primarily process personal data that you provide to us or that we collect when operating our website. Under certain circumstances, we may also receive personal data about you from third parties. These may include the following categories:
- Personal master data (name, address, date of birth, company, etc.);
- Contact details (mobile number, email address, etc.);
- Financial data (e.g., account details);
- Online identifiers (e.g., cookie ID, IP addresses);
- Location and traffic data;
- Audio and image recordings;
In addition, we collect additional data internally for our customers and prospects for the provision of services in the areas of offers and contracts, service, marketing, and customer care. These may include the following categories:
- Contract data
- Customer inventory data (CRM)
- Payment data
- Order data and invoice data
3.2 Under what conditions do we process your data?
We treat your data confidentially and in accordance with the purposes set out in this privacy policy. We ensure transparent and proportionate processing.
If, in exceptional cases, we are not able to follow these principles, the data processing may still be lawful because there is a justification. Justification may specifically include:
- Your consent;
- The execution of a contract or pre-contractual measures;
- Our legitimate interests, provided your interests do not prevail.
3.3 For what purposes do we use your data?
We use your personal data to administer and better manage the service, to improve your user experience, and to comply with applicable laws. You acknowledge and agree that we may use your personal data for these purposes and as follows:
- Maintaining your access to our services
- Adapting our services to user preferences
- Transmitting updates about our services to users
- Troubleshooting and resolving problems or concerns users have with the service
- Enforcing our terms of use and other rules, policies, and principles
- Detecting, investigating, and preventing illegal or prohibited user activities when we believe in good faith that such measures are necessary to protect the service, systems, or our business, its users, or strategic partners, or when required by law (e.g., to comply with a subpoena or other legal process).
3.4 How can you withdraw your consent?
If you have given us consent to process your personal data for specific purposes, we will process your data within the scope of this consent, unless we have another justification.
You have the option to withdraw your consent at any time by sending an email to the address stated in the imprint. Data processing that has already taken place is not affected by this.
3.5 In which cases can we share your data with third parties?
a. Principle
We may, under certain circumstances, need to use the services of third parties or affiliated companies and commission them to process your data (so-called processors). Categories of recipients include in particular:
- Accounting, fiduciary, and auditing companies;
- Consulting firms (legal advice, taxes, etc.);
- IT service providers (web hosting, support, cloud services, website design, etc.);
- Payment service providers;
- Providers of tracking, conversion, and advertising services.
We ensure that these third parties and our affiliated companies comply with data protection requirements and treat your personal data confidentially.
Under certain circumstances, we may also be obliged to disclose your personal data to authorities.
b. Visiting our social media channels
We may have embedded links to our social media channels on our website. This is always evident to you (typically via corresponding symbols). If you click on the symbols, you will be redirected to our social media channels.
In this case, the social media providers will know that you are accessing their platform from our website. Social media providers can use the data collected in this way for their own purposes. We would like to point out that we do not have any knowledge of the content of the transmitted data or its use by the operators.
c. Transfer abroad
Under certain circumstances, your personal data may be transferred to companies abroad as part of order processing. These companies are obliged to protect data to the same extent as we are. The transfer can take place worldwide.
If the level of data protection does not correspond to that of Switzerland, we carry out a prior risk assessment and ensure contractually that the same protection as in Switzerland is guaranteed (e.g., by means of the new standard contractual clauses of the EU Commission or other legally prescribed measures). Should our risk assessment be negative, we will take additional technical measures to protect your data. You can access the EU Commission's standard contractual clauses at the following link:
https://commission.europa.eu/publications/standard-contractual-clauses-controllers-and-processors-eueea_de
3.6 How long do we keep your data?
We store personal data only as long as necessary to fulfill the individual purposes for which the data was collected.
Data that we store during your visit to our website is kept for twelve months. An exception applies to analysis and tracking data, which can be stored for longer.
We store contract data for a longer period because we are obliged to do so by legal regulations. In particular, we must retain business communications, concluded contracts, and booking receipts for up to 10 years. To the extent that we no longer need such data from you for the provision of services, the data will be blocked and we will only use it for accounting and tax purposes.
3.7 How do we protect your data?
We will keep your data secure and take all reasonable measures to protect your data from loss, access, misuse, or changes.
Our contractual partners and employees who have access to your data are obliged to comply with data protection provisions. In some cases, it will be necessary for us to forward your requests to affiliated companies. In these cases, too, your data will be treated confidentially.
Within our website, we use the SSL procedure (Secure Socket Layer) in conjunction with the highest encryption level supported by your browser.
Please note that while we take all reasonable measures to protect your personal data, we cannot and will not guarantee that data transmitted over the Internet is secure or that such transmissions are free from errors, delays, interruptions, or interception.
All such transmissions of personal information are at your own risk, and you remain solely and fully responsible for the security of your personal information.
3.8 What rights do you have?
a. Right to information
You can request information about the data we store about you at any time. Please send your information request together with proof of identity to info@tmbperformance.com.
You also have the right to receive your data in a common file format if we process your data automatically, and if:
- You have given your consent for the processing of this data; or
- You have disclosed data in connection with the conclusion or processing of a contract.
We may restrict or refuse access or data release if this conflicts with our legal obligations, legitimate personal or public interests, or the interests of a third party.
The processing of your request is subject to the statutory processing period of 30 days. However, we may extend this period due to high request volume, for legal or technical reasons, or because we need further information from you. You will be informed of the extension of the deadline in good time, at least in text form.
b. Deletion and rectification
You have the option at any time to request the deletion or rectification of your data. We may reject the request if legal regulations oblige us to retain it for longer or in an unchanged form, or if a permission criterion conflicts with your request.
Please note that the exercise of your rights may, under certain circumstances, conflict with contractual agreements and may have corresponding effects on the execution of the contract (e.g., premature termination of the contract or cost consequences).
c. Legal recourse
If you are affected by the processing of personal data, you have the right to enforce your rights in court or to file a report with the competent supervisory authority. The competent supervisory authority in Switzerland is the Federal Data Protection and Information Commissioner:
https://www.edoeb.admin.ch
3.9 Changes to the privacy policy
We may change this privacy policy at any time. Adaptations are made to take into account, for example, changes in our practices or other operational, legal, or regulatory reasons. The changes will be published on tmbperformance.com; you will not be separately informed about them.
If you do not agree with the privacy policies regarding the collection, use, storage, and disclosure of your personal data at any time, you are not entitled to and may not access or otherwise use the service.
4. Individual data processing operations
4.1 Providing the website and creating log files
What information do we receive and how do we use it?
By visiting tmbperformance.com, certain data is automatically stored on our servers or on servers of services and products that we obtain and/or have installed for system administration, statistical, backup, or tracking purposes. This data includes:
- The name of your Internet service provider;
- Your IP address (under certain circumstances);
- The version of your browser software;
- The operating system of the computer with which the URL is accessed;
- The date and time of access;
- The website from which you visit the URL;
- The search words you used to find the URL.
Why are we allowed to process this data?
This data cannot be attributed to a specific person and there is no merging of this data with other data sources. The log files are stored to guarantee the functionality of the website and to ensure the security of our information technology systems. Our legitimate interest lies herein.
How can you prevent data collection?
The data is only stored for as long as necessary to achieve the purpose of its collection. Accordingly, the data is deleted after the end of each session. The storage of log files is essential for the operation of the website, so you have no possibility to object to this.
4.2 Google Analytics
We use Google Analytics to better understand how users use our website and services. This serves to improve our website and our offers.
For details, please refer to the Google Analytics Privacy Policy:
https://policies.google.com/privacy?hl=en
You can opt out of Google Analytics via the following link:
https://tools.google.com/dlpage/gaoptout
4.3 Google Tag Manager
We use Google Tag Manager to use Google services more easily and effectively.
For details, please refer to the Google Tag Manager Privacy Policy:
https://support.google.com/tagmanager/answer/9323295?hl=en
4.4 Google Ads
We use the Google Ads service on our website, an online advertising service from Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (hereinafter "Google"). Google Ads enables us to place advertisements in Google search results and in the Google advertising network.
4.5 Meta Ads
Our website uses Meta Ads, an online advertising service from Meta Platforms, Inc., 1601 Willow Road, Menlo Park, CA 94025, USA (formerly known as Facebook, Inc.). With the help of Meta Ads, we can place targeted advertisements to draw users' attention to our products or services.
When you visit our website, a cookie may be placed on your device via Meta Ads, which enables an analysis of your use of the website. In addition, Meta can use this cookie to track your usage behavior across various websites and devices and display personalized advertisements on this basis.
The data collected by the cookie is transmitted to Meta and stored there. This data can be linked by Meta to your Meta account (formerly Facebook account) and used for its own advertising purposes.
To generally object to the use of cookies on your computer, you can set your Internet browser so that no more cookies can be placed on your computer in the future or cookies that have already been placed are deleted. However, disabling cookies may result in some functions of our website no longer working properly.
For more information on how Meta Ads handles user data, please see Meta's privacy policy: https://www.facebook.com/privacy/policy/. If you do not want Meta to use data for advertising purposes, you can adjust the corresponding settings in your Meta account.
4.6 Cal.com
Our website integrates functions of the online scheduling service Cal.com, offered by Cal.com Inc, 1 Market Street #4382, San Francisco, 226, USA. With Cal.com, visitors to our website can arrange appointments with us directly online.
When you book an appointment via Cal.com, you will be asked to provide certain personal data such as your name, email address, and possibly your telephone number. This data is needed to coordinate the appointment, inform you about the appointment status, and possibly send reminders.
Cal.com has its own privacy policies and practices that may differ from those of our website. For more information about privacy in connection with Cal.com, please refer to Cal.com's privacy policy:
https://cal.com/privacy.
If you have questions about the data collected by Cal.com or wish to exercise your rights in relation to this data, you should contact Cal.com Inc. directly.
4.7 Stripe
We use Stripe for processing online payments.
For details, please refer to Stripe's Privacy Policy:
https://stripe.com/privacy
4.8 Circle
We use Circle as a community platform.
For details, please refer to Circle's Privacy Policy:
https://circle.so/privacy
4.9 Vimeo
We use Vimeo as a video platform to provide you with videos.
For details, please refer to Vimeo's Privacy Policy:
https://vimeo.com/privacy
5. Google Fonts API
On our website, we use the Google Fonts API, a service provided by Google LLC (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; "Google"), to incorporate fonts. By incorporating these fonts, your browser will establish a connection to Google's servers when you visit our website to download and correctly display the fonts.
Through this connection, data, in particular your IP address and information about the browser you are using, may be transmitted to Google and stored on Google's servers. These servers may be located in the USA or other countries.
If you want to prevent the transfer of data as part of the Google Fonts API, you can block access to the domain fonts.googleapis.com in your browser settings. Please note that in this case our website may not be displayed correctly.
5.1 Onepage
We host our website with Onepage. The provider is Onepage GmbH, Hanauer Landstraße 172, 60314 Frankfurt am Main (hereinafter Onepage). When you visit our website, Onepage records various log files including your IP addresses.
Onepage is a tool for creating and hosting websites. Onepage stores cookies or other recognition technologies that are necessary for displaying the page, providing certain website functions, and ensuring security (necessary cookies).
Onepage will only process your data to the extent necessary to fulfill its service obligations and will follow our instructions regarding this data.
For details, please refer to Onepage's Privacy Policy:
https://onepage.io/privacy-policy
5.2 Contact form
If you send us inquiries via the contact form, your information from the inquiry form, including the contact details you provided there, will be stored by us for the purpose of processing the inquiry and in case of follow-up questions. We do not disclose this data without your consent.
The processing of this data is based on the Swiss Federal Data Protection Act (DSG), provided that your request is related to the fulfillment of a contract or is necessary for the implementation of pre-contractual measures. In all other cases, the processing is based on our legitimate interest in the effective processing of the requests addressed to us or on your consent if this has been requested; consent can be revoked at any time.
The data you enter in the contact form will remain with us until you request us to delete it, revoke your consent to storage, or the purpose for data storage no longer applies (e.g., after your request has been processed). Mandatory statutory provisions – in particular retention periods – remain unaffected.
5.3 Email course / Newsletter
If you would like to receive the email course offered on the website, we require an email address from you as well as information that allows us to verify that you are the owner of the specified email address and agree to receive the email course. Further data is not collected or only on a voluntary basis. We use this data exclusively for sending the requested information and do not pass it on to third parties.
The processing of the data entered into the email course registration form takes place exclusively on the basis of your consent. You can revoke the consent given for the storage of data, the email address, and its use for sending the email course at any time, for example via the "unsubscribe" link in the email course. The legality of the data processing operations already carried out remains unaffected by the revocation.
By registering for the email course, you agree to automatically receive a newsletter issue every two weeks beginning after the completion of the email course. You can unsubscribe from this at any time via the "unsubscribe" link in the newsletter.
The data you provide for the purpose of receiving the email course will be stored by us or the newsletter service provider until you unsubscribe from the email course or newsletter and will be deleted from the newsletter distribution list after you unsubscribe or after the purpose no longer applies. We reserve the right to delete or block email addresses from our newsletter distribution list at our discretion within the scope of our legitimate interest.
Data stored with us for other purposes remains unaffected by this.
After you unsubscribe from the newsletter distribution list, your email address may be stored by us or the newsletter service provider in a blacklist if this is necessary to prevent future mailings. The data from the blacklist is only used for this purpose and is not merged with other data. This serves both your interest and our interest in complying with legal requirements when sending newsletters. The storage in the blacklist is not limited in time. You can object to the storage if your interests outweigh our legitimate interest.
For details, please refer to Kit's Privacy Policy:
https://kit.com/privacy
5.4 Cookies
This website uses cookies. We use cookies to personalize content and ads, to offer functions for social media, and to analyze access to our website. We also pass on information about your use of our website to our partners for social media, advertising, and analysis. Our partners may combine this information with other data that you have provided to them or that they have collected as part of your use of the services.
Cookies are small text files that are used by websites to make the user experience more efficient.
They are either stored temporarily for the duration of a session (session cookies) or permanently (permanent cookies) on your device. Session cookies are automatically deleted at the end of your visit. Permanent cookies remain stored on your device until you delete them yourself or until automatic deletion by your web browser occurs.
Cookies can come from us (first-party cookies) or from third-party companies (so-called third-party cookies). Third-party cookies enable the integration of certain services from third-party companies within websites (e.g., cookies for processing payment services).
According to law, we can store cookies on your device if these are absolutely necessary for the operation of this site. For all other types of cookies, we need your permission.
You can change or withdraw your consent at any time from the cookie declaration on our website. When deactivating cookies, the functionality of this website may be limited.
For more information on how we use cookies, please refer to our
Cookie Policy.