This Data Privacy Statement applies to the collection, processing, and use of personal data (“data processing”) when you use our website.
We welcome your visit to our website and your interest in our products. We want you to feel comfortable when visiting us online and have no concerns about the confidentiality of your personal data. We are committed to data protection and take the matter of transparency when handling our customers’ data very seriously. We would therefore like to show you which data we collect, why we collect it, and how you can exercise control over your data at any time. Personal data is defined as individual details about personal or factual circumstances regarding a specific or identifiable natural person.
Legislators require that personal data be processed in a lawful manner, in good faith, and with transparency for the data subject (“lawfulness, processing in good faith, transparency”). To ensure that this is the case, we will explain the individual legal terms that are also used in this Data Privacy Statement:
Definition of terms
1. Personal data
“Personal data” means any information relating to an identified or identifiable natural person (hereinafter “data subject”); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.
“Processing” means any operation or set of operations which is performed on personal data, whether aided by computer technology or not, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure, or destruction.
3. Restriction of processing
“Restriction of processing” means the identification of stored personal data with the aim of limiting its processing in the future.
“Profiling” means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location, or movements.
“Pseudonymisation” means the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data is not attributed to an identified or identifiable natural person.
6. Filing system
“Filing system” means any structured set of personal data accessible according to specific criteria, whether centralised, decentralised, or dispersed on a functional or geographical basis.
“Controller” means a natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.
“Processor” means a natural or legal person, public authority, agency, or other body, which processes personal data on behalf of the controller.
“Recipient” means a natural or legal person, public authority, agency, or another body, to which the personal data is disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing.
“Third party” means a natural or legal person, public authority, agency, or body other than the data subject, controller, processor, and persons who, under the direct authority of the controller or processor, are authorised to process personal data.
“Consent” of the data subject means any freely given, specific, informed, and unambiguous indication of the data subject's wishes by which he/she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him/her.
1. Name and address of responsible party
The responsible party for data processing when using the Yachtglass website is:
Yachtglass GmbH & Co. KG
Telephone: +49 4963 915-0000
Fax: +49 4963 915 3199
2. Name and address of the Data Protection Officer
Our Data Protection Officer is Mrs. Silvia Vescio. She can be reached by telephone +49 (0) 4963 9150 or via email at: email@example.com.
4. Collecting general data and information
(1) Whenever you access our website, data is sent to us from your computer or smartphone on each individual visit. Below we provide information about the collection of personal data when using our website. Personal data includes information such as your name, address, email addresses, telephone number, and user behaviour.
(2) When you get in touch with us by email and/or using our contact form, the information you provide (your email address, if applicable your name and telephone number) is stored by us in order to respond to your questions. We delete the data collected in this context after its storage is no longer required or its processing is restricted in the event of statutory retention obligations.
5. Collecting personal data when visiting our website
If you are simply browsing our website – that is, you do not enter any information – we only collect the data that your browser sends to our server. This does not usually involve personal data. We collect the following data that is technically required in order to display our website and to ensure its stability and security (legal basis is Art. 6 Par. 1 (1) letter f of the GDPR):
- IP address
- date and time of query
- time zone difference to Greenwich Mean Time (GMT)
- content of request (specific page)
- access status/HTTP status code
- respective volume of data transmitted
- website from which the request originates
- operating system and interface
- language and version of browser software
In principle, we do not use this data in relation to an individual, rather we only evaluate it statistically on an anonymised basis – that is, we do not draw conclusions about you.
6. Contact options on our website
Our website contains information that enables immediate electronic contact with our company as well as direct communication with us, which also includes a general address of the so-called electronic mail (email address). If you contact us by email or using a contact form, the personal data you transmit is stored automatically for the purpose of processing or getting in touch with you. We do not forward this personal data to third parties.
7. Routine deletion and blocking of personal data
We process and store your personal data only for the period necessary to achieve the purpose of its storage, or as far as this is granted by the European legislator or other legislators in laws or regulations to which we are subject.
If the storage purpose is not applicable or if a storage period prescribed by the European legislator or another competent legislator expires, personal data will be regularly blocked or deleted in accordance with legal requirements.
8. Your rights
(1) Right to confirmation
You have the right – granted by the European legislator – to obtain our confirmation as to whether personal data related to you is being processed by us. If you wish to exercise this right of confirmation, you can get in touch with our Data Protection Officer at any time.
(2) Right of access
You have the right – granted by the European legislator – to obtain from us free information about the personal data we store about you at any time, as well as a copy of this information. In addition, you also have the right to the following information:
- the purposes of processing
- the categories of personal data processed
- the recipients or categories of recipients to whom the personal data has been or will be disclosed, in particular recipients in third countries or international organisations
- where possible, the planned period for which your personal data will be stored or if this is not possible, the criteria used to determine that period
- the existence of a right to request from us the rectification or erasure of personal data, or the restriction of its processing, or to object to such processing
- the existence of the right to file a complaint with a supervisory authority
- where the personal data is not collected from the data subject: any available information as to its source
- the existence of automated decision-making, including profiling, referred to in Art. 2 Par. 1 and 4 of the GDPR and, at least in those cases, meaningful information about the logic involved as well as the significance and envisaged consequences of such processing for you as the data subject
Furthermore, you have a right to obtain information as to whether personal data is transferred to a third country or to an international organisation. Where this is the case, you have the right to be informed of the appropriate safeguards relating to the transfer.
If you wish to exercise this right of access, you can get in touch with our Data Protection Officer at any time.
(3) Right to rectification
You have the right – granted by the European legislator – to obtain from us, without undue delay, the rectification of inaccurate personal data concerning you. Taking into account the purposes of the processing, you have the right to have incomplete personal data completed, including by means of providing a supplementary statement.
If you wish to exercise this right, you can get in touch with our Data Protection Officer at any time.
(4) Right to erasure (right to be forgotten)
You have the right – granted by the European legislator – to request from us the erasure of personal data concerning you without undue delay, where one of the following reasons applies and as long as the processing is not necessary:
- personal data is no longer necessary in relation to the purposes for which it was collected or otherwise processed
- you withdraw your consent on which the processing is based pursuant to Art. 6 Par. 1 letter a of the GDPR or Art. 9 Par. 2 letter a of the GDPR, and where there is no other legal ground for the processing.
- you object to the processing pursuant to Art. 21 Par. 1 of the GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Art. 21 Par. 2 of the GDPR.
- personal data has been unlawfully processed
- personal data must be erased for compliance with a legal obligation in Union or Member State law to which we are subject
- personal data has been collected in relation to the offer of information society services referred to in Art. 8 Par. 1 of the GDPR
If one of the aforementioned reasons applies and you wish to request the erasure of personal data stored by us, you can get in touch with our Data Protection Officer at any time. The Data Protection Officer will promptly ensure that the erasure request is complied with without undue delay after verifying the above reasons.
Where we have made personal data public and are obligated pursuant to Art. 17 Par. 1 of the GDPR to erase said personal data, we – taking account of available technology and the cost of implementation – will take reasonable steps, including technical measures, to inform other controllers processing such data that you have requested erasure by such controllers of any links to, or copy or replication of, respective personal data, as far as processing is not required. Our Data Protection Officer will arrange the necessary measures in individual cases.
(5) Right to restriction of processing
You have the right – granted by the European legislator – to request that we restrict the processing of personal data where one of the following applies:
- the accuracy of the personal data is contested by you, that is for such a period of time that we can verify its correctness
- the processing is deemed unlawful, and you oppose its erasure and request instead that its use be restricted
- we no longer need your personal data for the purposes of processing, but you require this data for the establishment, exercise, or defence of legal claims
- you have objected to its processing pursuant to Art. 21 Par. 1 of the GDPR pending verification as to whether our legitimate grounds override yours
(6) Right to data portability
You have the right – granted by the European legislator – to receive the personal data concerning you, if you provided such data to us, in a structured, commonly used, and machine-readable format. You also have the right to transmit this data to another controller without hindrance from us, as long as the processing is based on consent pursuant to Art. 6 Par. 1 letter a of the GDPR or Art. 9 Par. 2 letter a of the GDPR, or on a contract pursuant to Art. 6 Par. 1 letter b of the GDPR, and the processing is carried out by automated means, as long as the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in us.
To exercise your right to data portability, you can get in touch with our Data Protection Officer at any time.
(7) Right to object
If you are affected by the processing of personal data, you have the right – granted by the European legislator – to object at any time, on grounds relating to your particular situation – to the processing of personal data concerning you based on Art. 6 Par. 1 letter e or f of the GDPR. This also applies to profiling based on these provisions.
We will no longer process personal data in the event of the objection, unless we can demonstrate compelling legitimate grounds for its processing, which override your interests, rights, and freedoms, or for the establishment, exercise, or defence of legal claims.
If we process personal data for direct marketing purposes, you will have the right to object at any time to the processing of personal data concerning you for such marketing. This applies to profiling to the extent that it is related to such direct marketing. If you object to our processing of your personal data for direct marketing purposes, we will no longer process this personal data for these purposes.
In addition, you have the right, on grounds relating to your particular situation, to object to our processing of your personal data for scientific or historical research purposes, or for statistical purposes pursuant to Art. 89 Par. 1 of the GDPR, unless such processing is necessary for the performance of a task carried out for reasons of public interest.
To exercise your right to object, you can get in touch with our Data Protection Officer directly at any time. In addition, you are free – in the context of the use of information society services, and notwithstanding Directive 2002/58/EC – to assert your right to object by automated means using technical specifications.
(8) Automated individual decision-making, including profiling
You have the right – granted by the European legislator – not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you, or similarly significantly affects you, as long as the decision (1) is not is necessary for entering into, or the performance of, a contract between you and us, or (2) is not authorised by Union or Member State law to which we are subject and which also lays down suitable measures to safeguard the rights and freedoms and legitimate interests of the data subject, or (3) is not based on the your explicit consent.
If the decision (1) is necessary for entering into, or the performance of, a contract between you and us, or (2) it is based on your explicit consent, we will implement suitable measures to safeguard your rights and freedoms and legitimate interests, at least the right to obtain human intervention on our part, to express your point of view and contest the decision.
If you wish to exercise the rights concerning automated individual decision-making, you can get in touch with our Data Protection Officer at any time.
(9) Right to withdraw your data protection consent
You have the right – granted by the European legislator – to withdraw your consent to the processing of your personal data at any time.
If you wish to exercise the right to withdraw your consent, you can get in touch with our Data Protection Officer at any time.
9. Legal basis for processing
In our company, Art. 6 Par. 1 letter a of the GDPR serves as the legal basis for processing operations for which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which you are party, as is the case, for example, when processing operations are necessary for the supply of goods or provision of other services, the processing is based on Art. 6 Par. 1 letter b of the GDPR. The same applies to such processing operations which are necessary for carrying out pre-contractual measures, for example, in case of enquiries concerning our products or services. If our company is subject to a legal obligation by which processing of personal data is required, such as for the fulfilment of tax obligations, the processing shall be based on Art. 6 Par. 1 letter c of the GDPR. In rare cases, the processing of personal data may be necessary to protect vital interests of the data subject or of another natural person. This would be the case, for example, if a visitor were injured in our company and his/her name, age, health insurance data, or other vital information would have to be passed on to a doctor, hospital, or other third party. Then, the processing would be based on Art. 6 Par. 1 letter d of the GDPR.
Finally, processing operations could be based on Art. 6 Par. 1 letter f of the GDPR. This legal basis is used for processing operations which are not covered by any of the above-mentioned legal grounds, if processing is necessary for the purposes of a legitimate interest pursued by our company or by a third party, provided that such interests do not override the interests, fundamental rights, and freedoms of the data subject. Such processing operations are particularly permissible as they have been specifically mentioned by the European legislator. It is considered that a legitimate interest could be assumed if the data subject is a client of the controller (Recital 47 Sentence 2 of the GDPR).
10. Legitimate interests in processing pursued by us or by a third party
Where the processing of personal data is based on Art. 6 Par. 1 letter f of the GDPR, our legitimate interest is to carry out our business activities in favour of the well-being of all our employees and shareholders.
11. Period for which the personal data will be stored
The criterion used to determine the period of storage of personal data is the respective statutory retention period. After expiration of that period, the corresponding data is regularly deleted, as long as it is no longer necessary for the fulfilment of the contract or the initiation of a contract.
12. Provision of personal data as a statutory or contractual requirement; requirement necessary to enter into a contract; obligation of the data subject to provide the personal data; possible consequences of failure to provide such data
Please note that the provision of personal data may in part be required by law (e.g. tax regulations) or can also result from contractual provisions (e.g. information on the contractual partner).
Sometimes you may be required to provide us with personal data in order to conclude a contract, which must subsequently be processed by us. For example, the data subject is obligated to provide us with personal data when our company signs a contract with him/her. If personal data is not provided, the contract with the data subject cannot be concluded.
The data subject must get in touch with our Data Protection Officer before providing personal data. Our Data Protection Officer will clarify any issues with the data subject on a case-by-case basis.
13. Website hosting
We use the web hosting provider 1&1 to operate our web pages.
A web hosting provider supplies the technical infrastructure required to operate a website – elements such as servers, databases, web space, FTP accesses, etc. This means that personal data collected directly by us is stored in databases whose infrastructure is supplied to us by 1&1 Internet SE.
Address of web hosting provider:
1&1 Internet SE, Elgendorfer Str. 57, 56410 Montabaur.
14. Existence of automated decision-making
We do not use automatic decision-making or profiling.
Dersum, May 2018