Clarification pursuant to Art. 13 of the General Data Protection Regulation (DSGVO)

Declaration of consent for further processing of your data according to Art. 6 (DSGVO)

Responsible for the processing of your data is ALAGO YACHT GMBH represented by Managing Director Nikolaus Gormsen, hereinafter referred to as “ALAGO YACHT GMBH”.

On behalf of ALAGO YACHT GMBH, we would like to thank you for visiting our homepage. The secure handling of your data is particularly important to us. We would therefore like to inform you in detail about the use of your data when you visit our website. It goes without saying that we comply with the statutory provisions of the German Data Protection Act (BDSG), the German Telemedia Act (TMG) and other data protection regulations.

1. Definitions

The data protection declaration of ALAGO YACHT GMBH is based on the terms used by the European Directive and Ordinance Maker when issuing the Data Protection Basic Regulation (DSGVO). Our data protection declaration should be easy to read and understand for the public as well as for our customers and business partners. To ensure this, we would like to explain the terms used in advance. We use the following terms, among others, in this data protection declaration:

– 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.

– Data subject: The data subject is any identified or identifiable natural person whose personal data are processed by the controller.

– Processing: Processing means any operation or set of operations which is performed upon personal data, whether or not by automatic means, such as collection, recording, organisation, filing, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

– Restriction of processing: Restriction of processing is the marking of stored personal data with the aim of limiting their future processing.

– Profiling: Profiling is any type of automated processing of personal data consisting in using such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects relating to that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or change of location.

– Pseudonymisation: Pseudonymisation is the processing of personal data in such a way 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 which ensure that the personal data are not attributed to an identified or identifiable natural person.

– Controller: The controller is the 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 designation may be provided for under Union or Member State law.

– Processor: A processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.

– Recipient: A natural or legal person, public authority, agency or other body to whom personal data are disclosed, whether or not a third party. However, public authorities that may receive personal data in the context of a specific investigative task under Union or Member State law shall not be considered as recipients.

– Third party: A third party is a natural or legal person, public authority, agency or other body other than the data subject, the controller, the processor and the persons authorised to process the personal data under the direct responsibility of the controller or the processor.

– Consent: Consent shall mean any freely given specific and informed indication of the data subject’s wishes in the form of a statement or other unambiguous affirmative act by which the data subject signifies his or her agreement to the processing of personal data relating to him or her.

2. Collection of data

The website of the ALAGO YACHT GMBH collects a series of general data and information each time a data subject or automated system calls up the website. This general data and information is stored in the server’s log files. The following can be recorded

a) browser types and versions used,

b) the operating system used by the accessing system,

c) the website from which an accessing system arrives at our website (so-called referrer),

d) the sub-websites which are accessed via an accessing system on our website,

e) the date and time of an access to the website,

f) an Internet protocol address (IP address),

g) the Internet service provider of the accessing system, and

h) other similar data and information that serve to avert danger in the event of attacks on our information technology systems.

When using these general data and information, the ALAGO YACHT GMBH does not draw any conclusions about the data subject. This information is rather required in order to

a) to deliver the contents of our website correctly,

b) optimise the content of our website and the advertising for it,

c) to ensure the long-term functionality of our information technology systems and the technology of our website, and

d) to provide law enforcement authorities with the information necessary for prosecution in the event of a cyber attack.

Therefore, the ALAGO YACHT GMBH analyzes anonymously collected data and information on one hand for statistical purposes and on the other hand for the purpose of increasing the data protection and data security of our enterprise, and ultimately ensuring an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from any personal data provided by a data subject.

3. Legal or contractual requirements for the provision of personal data; necessity for the conclusion of the contract; obligation of the data subject to provide the personal data; possible consequences of failure to provide the data.

We inform you that the provision of personal data is sometimes required by law (e.g. tax regulations) or may also result from contractual regulations (e.g. information on the contractual partner). Sometimes, in order to conclude a contract, it may be necessary for a data subject to provide us with personal data that must subsequently be processed by us. For example, the data subject is obliged to provide us with personal data if our company concludes a contract with him or her. Failure to provide the personal data would mean that the contract with the data subject could not be concluded. Before providing personal data by the data subject, the data subject must contact our data protection officer. Our data protection officer will inform the data subject on a case-by-case basis whether the provision of the personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and what the consequences of not providing the personal data would be.

4. Contact possibility via the website

Based on statutory provisions, the website of the ALAGO YACHT GMBH contains data that enable a quick electronic contact to our enterprise, as well as direct communication with us, which also includes a general address of the so-called electronic mail (e-mail address). If a data subject contacts the controller by e-mail or by using a contact form, the personal data transmitted by the data subject will be stored automatically. Such personal data transmitted on a voluntary basis by a data subject to the controller will be stored for the purposes of processing or contacting the data subject. No disclosure of this personal data to third parties will take place.

5. Use of cookies

In order to make visiting our website attractive and to enable the use of certain functions, we use so-called cookies on various pages. These are small text files that are stored on your terminal device. Some of the cookies we use are deleted at the end of the browser session, i.e. after you close your browser (so-called session cookies). Other cookies remain on your end device and enable us to recognise your browser on your next visit (persistent cookies). You can set your browser in such a way that you are informed about the setting of cookies and decide individually about their acceptance or exclude the acceptance of cookies for certain cases or in general. If you do not accept cookies, the functionality of our website may be limited.

6. Use of Google (Universal) Analytics for web analysis

This website uses Google (Universal) Analytics, a web analysis service provided by Google Inc (www.google.de). Google (Universal) Analytics uses methods that enable an analysis of your use of the website, such as so-called “cookies”, text files that are stored on your computer. The information generated about your use of this website is generally transmitted to a Google server in the USA and stored there. By activating IP anonymisation on this website, the IP address is shortened before transmission within the Member States of the European Union or in other contracting states to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there. The anonymised IP address transmitted by your browser as part of Google Analytics will not be merged with other Google data.

You can prevent the collection of the data generated by the cookie and related to your use of the website (incl. your IP address) by Google as well as the processing of this data by Google by downloading and installing the browser plug-in available at the following link: http://wbs.is/rom89.

As an alternative to the browser plug-in, you can click this link to prevent Google Analytics from collecting data on this website in the future. This will place an opt-out cookie on your terminal device. If you delete your cookies, you must click the link again.

7. Use of social plug-ins from Facebook using the “2-click solution”.

So-called social plug-ins (“plug-ins”) of the social network Facebook, among others, are used on our website. This service is offered by the companies Facebook Inc. (“provider”).

Facebook is operated by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA (“Facebook”). You can find an overview of the Facebook plug-ins and their appearance here: http://wbs.is/rom90.

In order to increase the protection of your data when visiting our website, the plug-ins are integrated into the page using the so-called “2-click solution”. This integration ensures that when you call up a page of our website that contains such plug-ins, no connection is yet established with the Facebook servers. Only when you activate the plug-ins and thus give your consent to the transmission of data, does your browser establish a direct connection to the Facebook servers. The content of the respective plug-in is transmitted directly to your browser and integrated into the page. By integrating the plug-ins, Facebook receives the information that your browser has called up the corresponding page of our website, even if you do not have a profile on Facebook or are not currently logged in. This information (including your IP address) is transmitted by your browser directly to a Facebook server in the USA and stored there. If you interact with the plug-ins, e.g. by clicking the “Like” button, the corresponding information is also transmitted directly to a Facebook server and stored there. The information is also published on Facebook and displayed to your contacts there. For the purpose and scope of the data collection and the further processing and use of the data by Facebook, as well as your rights in this regard and setting options for protecting your privacy, please refer to Facebook’s privacy policy at http://wbs.is/rom91.

8. Notice of changes

Changes to the law or changes to our internal processes may make it necessary to amend this privacy policy.

In the event of such a change, we will notify you no later than six weeks before it comes into force. You are generally entitled (No. 6) to a right of revocation with regard to the consent you have given.

Please note that (unless you exercise your right of revocation) the current version of the data protection declaration is the valid one.

9. Updating/deleting your personal data

You have the option at any time to review, change or delete the personal information you have provided to us by sending us an email to the email address info@silent-dream.de. If you are a member with us, you can also opt out of receiving further information there in the future.

Likewise, you have the right to revoke any consent you have given at any time with effect for the future.

The deletion of stored personal data takes place when you revoke your consent to storage.

The controller shall process and store personal data of the data subject only for the period of time necessary to achieve the purpose of storage or where provided for by the European Directive and Regulation or other legislator in laws or regulations to which the controller is subject.

If the storage purpose ceases to apply or if a storage period prescribed by the European Directive and Regulation Maker or another competent legislator expires, the personal data will be routinely blocked or deleted in accordance with the statutory provisions.

10. Rights of the data subjects

Every data subject has the right, granted by the European Directive and Regulation, to obtain confirmation from the controller as to whether personal data concerning him or her are being processed. If a data subject wishes to exercise this right, he or she may, at any time, contact our Data Protection Officer or another employee of the controller.

Any person concerned by the processing of personal data has the right granted by the European Directive and the Regulation to obtain at any time from the controller, free of charge, information about the personal data stored about him or her and a copy of that information. Furthermore, the European Directive and Regulation has granted the data subject access to the following information:

– the purposes of the processing

– the categories of personal data processed

– the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations

– if possible, the planned duration for which the personal data will be stored or, if this is not possible, the criteria for determining this duration

– the existence of the right to obtain the rectification or erasure of personal data concerning him or her, or the restriction of processing by the controller, or the right to object to such processing

– the existence of a right of appeal to a supervisory authority

– if the personal data are not collected from the data subject: Any available information on the origin of the data

– the existence of automated decision-making, including profiling, pursuant to Article 22(1) and (4) of the GDPR and – at least in these cases – meaningful information about the logic involved and the scope and intended effects of such processing for the data subject.

Furthermore, the data subject shall have the right to obtain information as to whether personal data have been transferred to a third country or to an international organisation. If this is the case, the data subject shall also have the right to obtain information on the appropriate safeguards in relation to the transfer.

If a data subject wishes to exercise this right of access, he or she may, at any time, contact our data protection officer or another employee of the controller.

Any person affected by the processing of personal data has the right granted by the European Directive and Regulation to request the immediate rectification of inaccurate personal data concerning him or her. Furthermore, the data subject has the right to request the completion of incomplete personal data, including by means of a supplementary declaration, taking into account the purposes of the processing.

If a data subject wishes to exercise this right of rectification, he or she may, at any time, contact our Data Protection Officer or another employee of the controller.

Any data subject concerned by the processing of personal data has the right, granted by the European Data Protection Supervisor, to obtain from the controller the erasure without delay of personal data concerning him or her, where one of the following reasons applies and insofar as the processing is not necessary:

– The personal data were collected or otherwise processed for purposes for which they are no longer necessary.

– The data subject withdraws the consent on which the processing was based pursuant to Article 6(1)(a) of the GDPR or Article 9(2)(a) of the GDPR and there is no other legal basis for the processing.

– The data subject objects to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) of the GDPR.

– The personal data have been processed unlawfully.

– The erasure of the personal data is necessary for compliance with a legal obligation under Union or Member State law to which the controller is subject.

– The personal data have been collected in relation to information society services offered pursuant to Article 8(1) DSGVO.

If one of the aforementioned reasons applies, and a data subject wishes to arrange for the deletion of personal data stored by the ALAGO YACHT GMBH, he or she may, at any time, contact our data protection officer or another employee of the controller. The data protection officer of the ALAGO YACHT GMBH or another employee shall promptly ensure that the erasure request is complied with immediately.

If the personal data was made public by the ALAGO YACHT GMBH and our company as the responsible party pursuant to Art. 17 Para. 1 DSGVO, ALAGO YACHT GMBH shall implement reasonable measures, including technical measures, to compensate other data controllers for processing the personal data published, taking into account the available technology and the cost of implementation, in order to inform the data subject that he or she has requested from those other data controllers the erasure of all links to the personal data or to copies or replications of the personal data, unless the processing is necessary. The data protection officer of the ALAGO YACHT GMBH or another employee will arrange the necessary in individual cases.

Each data subject concerned by the processing of personal data has the right, granted by the European Directive and the Regulation, to obtain from the controller the restriction of the processing if one of the following conditions is met:

– The accuracy of the personal data is contested by the data subject for a period enabling the controller to verify the accuracy of the personal data.

– The processing is unlawful, the data subject objects to the erasure of the personal data and requests instead the restriction of the use of the personal data.

– The controller no longer needs the personal data for the purposes of the processing, but the data subject needs it for the assertion, exercise or defence of legal claims.

– The data subject has objected to the processing pursuant to Article 21(1) of the GDPR and it is not yet clear whether the legitimate grounds of the controller override those of the data subject.

If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of personal data stored by the ALAGO YACHT GMBH, he or she may, at any time, contact our data protection officer or another employee of the controller. The data protection officer of the ALAGO YACHT GMBH or another employee will arrange the restriction of the processing.

Each data subject concerned by the processing of personal data has the right, granted by the European Directive and the Regulation, to obtain personal data concerning him or her, which has been provided by the data subject to a controller, in a structured, commonly used and machine-readable format. The data subject shall also have the right to transmit such data to another controller without hindrance from the controller to whom the personal data have been provided, provided that the processing is based on consent pursuant to Article 6(1)(a) of the GDPR or Article 9(2)(a) of the GDPR or on a contract pursuant to Article 6(1)(b) of the GDPR and the processing is carried out by automated means, unless the processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

In addition, when exercising the right to data portability pursuant to Article 20(1) of the Data Protection Regulation, the data subject shall have the right to obtain the direct transfer of personal data from one controller to another controller where technically feasible and provided that this does not adversely affect the rights and freedoms of other individuals.

In order to assert the right to data portability, the data subject may at any time contact the data protection officer appointed by the ALAGO YACHT GMBH or another employee.

Each data subject concerned by the processing of personal data has the right, granted by the European Directive and Regulation, to object at any time, on grounds relating to his or her particular situation, to processing of personal data concerning him or her which is carried out on the basis of Article 6(1)(e) or (f) of the Data Protection Regulation. This also applies to profiling based on these provisions.

The ALAGO YACHT GMBH shall no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the processing, assertion, exercise or defence of legal claims.

If the ALAGO YACHT GMBH processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data for such marketing. This also applies to the profiling, insofar as it is related to such direct marketing. If the data subject objects to ALAGO YACHT GMBH to the processing for direct marketing purposes, ALAGO YACHT GMBH will no longer process the personal data for these purposes.

In addition, the data subject has the right, on grounds relating to his or her particular situation, to object to processing of personal data concerning him or her which is carried out by the ALAGO YACHT GMBH for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the Data Protection Act (DSGVO), unless the processing is necessary for the performance of a task carried out in the public interest.

In order to exercise the right to object, the data subject may directly contact the Data Protection Officer of the ALAGO YACHT GMBH or another employee. The data subject is also free to exercise his/her right to object by means of automated procedures using technical specifications in connection with the use of information society services, notwithstanding Directive 2002/58/EC.

Any person concerned by the processing of personal data shall have the right, granted by the European Parliament and the Council, not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her, unless the decision is

(a) is not necessary for the conclusion or performance of a contract between the data subject and the controller; or

(b) is permitted by Union or Member State law to which the controller is subject and that law contains suitable measures to safeguard the rights and freedoms and legitimate interests of the data subject; or

(c) is made with the express consent of the data subject.

If the decision is

(a) necessary for entering into, or the performance of, a contract between the data subject and the data controller; or

(b) it is made with the explicit consent of the data subject, the ALAGO YACHT GMBH shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, which include at least the right to obtain the intervention of a data subject, to express his or her point of view and contest the decision.

If the data subject wishes to exercise the rights concerning automated decisions, he or she may, at any time, contact our Data Protection Officer or another employee of the controller.

Every person affected by the processing of personal data has the right granted by the European Directive and Regulation to withdraw consent to the processing of personal data at any time.

If the data subject wishes to exercise the right to withdraw the consent, he or she may, at any time, contact our data protection officer or another employee of the controller.

11. Legal basis of the processing

Article 6(1)(a) DSGVO serves as the legal basis for our company for processing operations where we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is a party, as is the case, for example, with processing operations that are necessary for the delivery of goods or the provision of another service or consideration, the processing is based on Art. 6 (1) (b) DSGVO. The same applies to processing operations that are necessary for the implementation of pre-contractual measures, for example in the case of enquiries about our products or services. If our company is subject to a legal obligation which requires the processing of personal data, such as for compliance with tax obligations, the processing is based on Art. 6 para. 1 lit. c) DSGVO. In rare cases, the processing of personal data might become necessary in order to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor were to be injured on our premises and as a result their name, age, health insurance details or other vital information needed to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6(1)(d) DSGVO. Finally, processing operations could be based on Article 6(1)(f) of the GDPR. Processing operations which are not covered by any of the aforementioned legal bases are based on this legal basis if the processing is necessary to protect a legitimate interest of our company or a third party, provided that the interests, fundamental rights and freedoms of the data subject are not overridden. Such processing operations are permitted to us in particular because they were specifically mentioned by the European legislator. In this respect, it took the view that a legitimate interest could be assumed if the data subject is a customer of the controller (recital 47, sentence 2 of the GDPR).

12. Legitimate interests in the processing pursued by the controller or a third party.

Where the processing of personal data is based on Art. 6(1)(f) DSGVO, our legitimate interest is the conduct of our business for the benefit of the welfare of all our employees and our shareholders.

13. No liability for websites and the data protection policies of partners

On the pages, ALAGO YACHT GMBH refers to various cooperation partners who in turn offer telemedia services, in particular websites, for retrieval. These usually have their own data protection declarations. ALAGO YACHT GMBH accepts no liability for these declarations, which are not connected with ALAGO YACHT GMBH. We ask you to inform yourself about the respective data protection regulations there.

14. Design and realisation

beyond design GbR
Agentur für Corporate Design und Markenkommunikation
Lerchenweg 15
D-89297 Roggenburg
Phone +49 7300 9227088
info@beyondd.de
www.beyondd.de

15. Your contact person

If you have any questions regarding the collection, processing or use of your personal data, for information, correction, blocking or deletion of data as well as revocation of consent given or objection to a specific use of data, please contact us directly:

ALAGO YACHT GMBH
Geschäftsführer:
Nikolaus Gormsen
Datenschutzbeauftragter:
Nikolaus Gormsen
Adelheidstraße 12
65185 Wiesbaden
Phone +49 611 97451709
info@silent-dream.de

______________________________________________________________________

Status: 01.12.2021