CLARK PERFORMANCE / LEGAL INFORMATION
Privacy notice
Updated: 16 October 2026 · Outstanding review items identified below
This information describes the CLARK Performance website, contact procedures and personal training or online coaching. The website itself has no fields for entering health or coaching data; the Everfit coaching app is accessed through an external link.
1. Controller and contact
Sebastian Zielinski-Grahl, CLARK Performance, Rabenerstraße 4, 04177 Leipzig, Germany. Email for privacy enquiries: Sebastian.grahl@outlook.com. Personal coaching is provided by the service provider personally.
2. Accessing and hosting the website
The website clark-performance.de is hosted on webspace provided by STRATO GmbH in Germany. When you visit, the hosting infrastructure receives the IP address and technical request data needed to deliver the pages. This may include the date and time, requested files, status messages, data volumes, browser information and referring page, where transmitted by your browser.
The purposes are reliable and secure delivery, troubleshooting and detecting abusive access. The legal basis is Article 6(1)(f) GDPR; our legitimate interest is the secure operation of our information website. Connections are encrypted using HTTPS.
STRATO acts as our technical processor for hosting performed on our behalf. Its Data Processing Agreement sets out processing under Article 28 GDPR. According to STRATO’s contract information, the agreement is automatically incorporated into contracts concluded from 18 July 2022. It provides for processing generally within the EU/EEA and compliance with Articles 44 et seq. GDPR where third-country transfers are required. Binding details follow from the hosting contract and its annexes.
STRATO describes server access logs and statistics derived from them. According to its documentation, hostnames or IP addresses are anonymised in access logs made available to customers. Those logs are available for the previous six weeks; graphical statistics may remain available for several years. This availability period does not establish that all technical provider logs are deleted after six weeks. We have not added analytics or advertising scripts to the website.
The log and deletion periods applicable to this hosting package, and the scope and use of server statistics, still need final confirmation from the customer account or STRATO. Combining these statistics with individual coaching data is not intended.
3. Email and Instagram
When you make an enquiry, your contact details and the information supplied are processed to respond. Article 6(1)(b) GDPR applies to specific contractual and quotation enquiries; for other enquiries, the basis is the interest in appropriate communication under Article 6(1)(f) GDPR.
The email inbox is a personal Microsoft Outlook.com account. It is used for general enquiries and sending invoices. According to the controller, Everfit notifications contain only alerts, not content from client chats or questionnaires. Coaching data are not deliberately exchanged through this inbox. Instagram is linked only; there are no embedded Instagram posts or Meta pixels. You use the Meta service only after opening the link. Its own processing is subject to Instagram privacy information.
Please do not send information about illnesses or injuries through Instagram or unencrypted email.
The contract applicable to the personal Outlook.com account, data protection roles, transfer bases and email provider retention requirements still need to be documented. The terms of a business Microsoft 365 account are not assumed to apply. This notice does not claim that a data processing agreement has been concluded.
4. Coaching and Everfit
Depending on the agreed scope of coaching, contact details, training goals and history, nutrition information, body measurements and supplied photographs are processed. The purposes are individual training planning, coaching and assessment of agreed training progress. Necessary contractual data are processed on the basis of Article 6(1)(b) GDPR; voluntary additional information is processed on the basis of separate consent where required.
The app is offered by Everfit. Its privacy policy names Everfit Technologies, Inc. Everfit may act as a processor for processing initiated by the trainer; it has its own responsibilities when processing for its own purposes. The actual use and applicable contractual version are decisive. Information: Everfit privacy policy, Data processing agreement and Subprocessors.
The Everfit agreement also describes processing in the USA or other countries and the use of EU Standard Contractual Clauses where applicable. The safeguards actually applicable to your coaching may be requested from the controller.
You download the Everfit app and register yourself, based on your own decision; this website does not install an app or create an Everfit account for you. Your own use of Everfit establishes a separate legal relationship with Everfit under its applicable terms of use and privacy information. Where an agreed coaching service is delivered through Everfit, that service requires the necessary use of Everfit. Voluntary additional information must be distinguished from this.
Everfit is responsible for purposes for which it processes personal data as a controller in its own right. Sebastian Zielinski-Grahl remains responsible for the processing of your coaching data that he initiates and handles related privacy enquiries. Where Everfit acts as a processor for this, the controller’s obligations remain. Your decision to use the app replaces neither necessary explicit consent to processing health data nor a required legal basis for data transfers.
No Everfit account is created on this website. The app link opens a separate service. Contact details necessary for providing personal coaching services must be supplied. Optional information and photographs are not a blanket requirement for access to general training content. Using coaching services does not authorise publication of client photographs for advertising.
5. Injuries, illnesses and other health data
You can independently enter data in Everfit for your personal tracking. Under the current configuration, as soon as you enter data in the account connected to the trainer, they become immediately visible to Sebastian Zielinski-Grahl. This is therefore not an exclusively private storage area hidden from the trainer. On the trainer side, only Sebastian Zielinski-Grahl has access; he uses the entries for personal coaching at your request and on the required legal basis. Entering data independently does not replace required consent or remove the trainer’s responsibility for his access and use.
Health-related information may be necessary to adapt training to personal limitations. Only information needed for the specific training purpose should be collected. Where nutrition information, body measurements or photographs reveal health information, the same special requirements apply.
The intended basis is explicit, purpose-specific consent under Articles 6(1)(a) and 9(2)(a) GDPR. This must be obtained separately before processing and demonstrably documented; app registration or merely acknowledging this notice is insufficient.
You may withdraw consent at any time with effect for the future through the Everfit chat or using the email address above. This does not retrospectively affect earlier lawful processing. Without necessary health information, appropriately individualised coaching may be restricted or impossible; alternative services must be discussed individually.
A separate consent form with an active, unselected yes/no choice has been tested using a test account. The account, decision, date, time and full explanation were visible. The provider has not confirmed that historical wording remains unchanged after later form edits. Relevant tracking functions must be disabled separately in each client profile before activation; testing form submission does not replace this organisational control. The new form is not yet released for real clients. Existing written permissions were not reviewed as part of this update. Everfit’s support response and public contractual documents still need reconciliation regarding applicability; the applicable roles, transfer safeguards, deletion and backup periods are not conclusively confirmed.
6. Recipients and access
On the trainer side, Sebastian Zielinski-Grahl processes coaching data personally. He states that he does not create additional copies of coaching data outside Everfit. Technical service providers receive data to the extent needed for their respective services. Legally required disclosures to authorised bodies remain possible. Health data and photographs are not shared with other clients merely because they use the same app.
7. Retention and deletion
Data are retained no longer than their purpose or a legal obligation requires. During an agreed coaching pause, the client profile is archived in Everfit. Archiving remains a form of storage; according to Everfit guidance, the data history remains accessible to clients. Data still necessary during the pause are retained for no more than twelve months from its agreed start; if the purpose ends earlier, deletion takes place earlier unless another applicable legal basis exists. When coaching ends permanently, the controller uses the client profile deletion function. This does not guarantee immediate, complete deletion of all copies, a separate Everfit user account or backups. The exact scope of the provider’s deletion still needs clarification.
Records subject to statutory retention are stored separately from ongoing coaching use. Where section 147 of the German Fiscal Code (AO) applies, retention periods include eight years for accounting vouchers, six years for business correspondence and ten years for certain books and records. The start of each period is governed by the relevant statutory rule. This does not justify blanket retention of all health data or progress photographs.
Where data are specifically needed to clarify or defend legal claims, limited further retention may be permissible on an appropriate legal basis. Deletion by the trainer does not automatically end all independent processing by Everfit; backups and accounts must be handled according to the respective provider procedures.
8. Your rights
To the extent provided by law, you may request access, rectification, erasure, restriction of processing and provision of portable data. You may withdraw consent. For processing based on legitimate interests, you may object on grounds relating to your particular situation. You may object to direct marketing at any time. Contact the address stated above.
You may lodge a complaint with a data protection supervisory authority, particularly in your place of habitual residence, work or the location of the suspected infringement. For Saxony: Saxon Data Protection and Transparency Commissioner, Maternistraße 17, 01067 Dresden.
9. Cookies and external services
Further information is available under Cookies and similar technologies. Technologies requiring consent cannot be legitimised by a notice alone. This page itself uses no newsletter, advertising, analytics or social media scripts.
10. Changes
This information must be updated when services, data processing or legal requirements change. New purposes and required consents are addressed separately.