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Privacy Policy

1. Data Protection at a Glance

General Information

The following information provides a simple overview of what happens to your personal data when you visit this website. Personal data is any data that can personally identify you. Detailed information on data protection can be found in our privacy policy listed below this text.

Data Collection on this Website

Who is responsible for data collection on this website?

Data processing on this website is carried out by the website operator. You can find their contact details in the section “Note on the Responsible Office” in this data protection declaration.

How do we collect your data?

Your data is collected in part by you providing it to us. This can, for example, be data that you enter into a contact form.

Other data is automatically collected or with your consent when you visit the website through our IT systems. These are mainly technical data (e.g., internet browser, operating system, or time of page access). This data is collected automatically as soon as you enter this website.

What do we use your data for?

Some of the data is collected to ensure the proper provision of the website. Other data may be used to analyze your user behavior.

What rights do you have regarding your data?

You have the right to receive free information about the origin, recipient, and purpose of your stored personal data at any time. You also have the right to request the correction or deletion of this data. If you have given consent to data processing, you can revoke this consent at any time for the future. You also have the right, under certain circumstances, to request the restriction of the processing of your personal data. Furthermore, you have a right to lodge a complaint with the competent supervisory authority.

For this and other questions regarding data protection, you can contact us at any time.

Analysis Tools and Third-Party Tools

Your surfing behavior can be statistically evaluated when you visit this website. This is done primarily with so-called analysis programs.

Detailed information about these analysis programs can be found in the following data protection declaration.

2. Hosting

We host the content of our website with the following provider:

External Hosting

This website is hosted externally. The personal data collected on this website is stored on the servers of the host or hosts. This may include, among other things, IP addresses, contact requests, meta and communication data, contract data, contact details, names, website access, and other data generated via a website.

The external hosting is carried out for the purpose of fulfilling a contract with our potential and existing customers (Art. 6 para. 1 lit. b DSGVO) and in the interest of a secure, fast, and efficient provision of our online offering by a professional provider (Art. 6 para. 1 lit. f DSGVO). If consent has been requested, the processing is carried out exclusively on the basis of Art. 6 para. 1 lit. a DSGVO and § 25 para. 1 TTDSG, insofar as the consent includes the storage of cookies or access to information on the user’s terminal device (e.g., device fingerprinting) in accordance with the TTDSG. Consent can be revoked at any time.

Our host(s) will only process your data to the extent necessary to fulfill its obligations and will follow our instructions regarding this data.

We use the following host(s):

Hostpoint AG
Neue Jonastrasse 60
CH-8640 Rapperswil-Jona
Switzerland

Data Processing Agreement

We have entered into a data processing agreement (DPA) for the use of the above-mentioned service. This is a legally required contract that ensures that the personal data of our website visitors is only processed according to our instructions and in compliance with the GDPR.

3. General Information and Mandatory Information

Data Protection

The operators of these pages take the protection of your personal data very seriously. We treat your personal data confidentially and in accordance with the statutory data protection regulations and this data protection declaration.

When you use this website, various personal data is collected. Personal data is data that can be used to personally identify you. This data protection declaration explains which data we collect and for what purpose we use it. It also explains how and for what purpose this is done.

We would like to point out that data transmission over the Internet (e.g., when communicating by e-mail) may have security vulnerabilities. A complete protection of data against access by third parties is not possible.

Note on the Responsible Office

The responsible office for data processing on this website is:

Marée Travel GmbH
c/o Rent an Accountant GmbH
Im langen Loh 231
4054 Basel

Phone: +41 (0) 79 790 33 49
Email: gosurf@surfboat.pro

The responsible office is the natural or legal person who alone or jointly with others decides on the purposes and means of processing personal data (e.g., names, e-mail addresses, etc.).

Storage Duration

Unless a more specific storage period is specified within this privacy policy, your personal data will remain with us until the purpose for data processing ceases to exist. If you assert a legitimate request for deletion or revoke consent for data processing, your data will be deleted unless we have other legally permissible reasons for storing your personal data (e.g., tax or commercial retention periods); in the latter case, deletion will occur after the cessation of these reasons.

General Notes on the Legal Basis for Data Processing on this Website

If you have consented to data processing, we process your personal data on the basis of Art. 6 para. 1 lit. a GDPR or Art. 9 para. 2 lit. a GDPR, if special categories of data according to Art. 9 para. 1 GDPR are processed. In the case of explicit consent to the transfer of personal data to third countries, data processing is also based on Art. 49 para. 1 lit. a GDPR. If you have consented to the storage of cookies or access to information on your terminal device (e.g., via device fingerprinting), data processing additionally occurs on the basis of § 25 para. 1 TTDSG. Consent can be revoked at any time. If your data is required for the fulfillment of a contract or for the implementation of pre-contractual measures, we process your data based on Art. 6 para. 1 lit. b GDPR. Furthermore, we process your data if it is necessary to fulfill a legal obligation based on Art. 6 para. 1 lit. c GDPR. Data processing may also occur based on our legitimate interest according to Art. 6 para. 1 lit. f GDPR. The relevant legal bases for each case are provided in the following paragraphs of this privacy policy.

Note on Data Transfer to Data Protection Unsafe Third Countries and Transfer to US Companies Not DPF Certified

We use tools from companies located in data protection unsafe third countries as well as US tools whose providers are not certified under the EU-US Data Privacy Framework (DPF). If these tools are active, your personal data may be transferred to and processed in these countries. We would like to point out that data protection standards comparable to those of the EU cannot be guaranteed in data protection unsafe third countries.

We would like to clarify that the USA is generally considered a safe third country with data protection standards comparable to those of the EU. Data transfer to the USA is therefore permissible if the recipient is certified under the “EU-US Data Privacy Framework” (DPF) or has appropriate additional guarantees. Information on transfers to third countries, including data recipients, can be found in this privacy policy.

Recipients of Personal Data

In the course of our business activities, we work with various external entities. In some cases, the transmission of personal data to these external entities is necessary. We only disclose personal data to external entities if it is necessary for the performance of a contract, if we are legally obligated to do so (e.g., disclosure of data to tax authorities), if we have a legitimate interest according to Art. 6 para. 1 lit. f GDPR in disclosure, or if another legal basis permits data disclosure. When using data processors, we only disclose personal data of our customers based on a valid data processing agreement. In the case of joint processing, a joint processing agreement is concluded.

Revocation of Your Consent to Data Processing

Many data processing operations are only possible with your explicit consent. You can revoke consent that has already been given at any time. The legality of data processing carried out prior to revocation remains unaffected by the revocation.

Right to Object to Data Collection in Special Cases and to Direct Marketing (Art. 21 GDPR)

IF DATA PROCESSING IS BASED ON ART. 6 PARA. 1 LIT. E OR F GDPR, YOU HAVE THE RIGHT TO OBJECT TO THE PROCESSING OF YOUR PERSONAL DATA FOR REASONS ARISING FROM YOUR PARTICULAR SITUATION, INCLUDING PROFILING BASED ON THESE PROVISIONS. THE RESPECTIVE LEGAL BASIS ON WHICH PROCESSING IS BASED CAN BE FOUND IN THIS PRIVACY POLICY. IF YOU OBJECT, WE WILL NO LONGER PROCESS YOUR AFFECTED PERSONAL DATA UNLESS WE CAN DEMONSTRATE COMPELLING LEGITIMATE GROUNDS FOR THE PROCESSING WHICH OVERRIDE YOUR INTERESTS, RIGHTS, AND FREEDOMS OR THE PROCESSING SERVES THE ASSERTION, EXERCISE, OR DEFENSE OF LEGAL CLAIMS (OBJECTION PURSUANT TO ART. 21 PARA. 1 GDPR).

IF YOUR PERSONAL DATA IS PROCESSED FOR DIRECT MARKETING PURPOSES, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF YOUR PERSONAL DATA FOR THE PURPOSES OF SUCH ADVERTISING, INCLUDING PROFILING RELATED TO SUCH DIRECT MARKETING. IF YOU OBJECT, YOUR PERSONAL DATA WILL SUBSEQUENTLY NO LONGER BE USED FOR DIRECT MARKETING PURPOSES (OBJECTION PURSUANT TO ART. 21 PARA. 2 GDPR).

Right to Lodge a Complaint with the Supervisory Authority

In the event of violations of the GDPR, data subjects have the right to lodge a complaint with a supervisory authority, in particular in the member state of their habitual residence, place of work, or the place of the alleged violation. The right to lodge a complaint exists without prejudice to other administrative or judicial remedies.

Right to Data Portability

You have the right to have data that we process automatically on the basis of your consent or in fulfillment of a contract handed over to you or to a third party in a common, machine-readable format. If you request the direct transfer of the data to another responsible party, this will only be done to the extent technically feasible.

Information, Correction, and Deletion

Subject to applicable legal provisions, you have the right at any time to free information about your stored personal data, their origin and recipient, the purpose of data processing, and, if applicable, a right to correction or deletion of this data. For this purpose and for further questions regarding personal data, you can contact us at any time.

Right to Restriction of Processing

You have the right to request the restriction of the processing of your personal data. You can contact us at any time for this purpose. The right to restrict processing exists in the following cases:

  • If you dispute the accuracy of your personal data stored with us, we usually need time to verify this. For the duration of the verification, you have the right to request the restriction of the processing of your personal data.
  • If the processing of your personal data is unlawful/unlawfully, you may request the restriction of data processing instead of deletion.
  • If we no longer need your personal data, but you need it for the exercise, defense, or assertion of legal claims, you have the right to request the restriction of the processing of your personal data instead of deletion.
  • If you have objected pursuant to Art. 21 para. 1 GDPR, a balance must be struck between your interests and ours. As long as it has not yet been determined whose interests prevail, you have the right to request the restriction of the processing of your personal data.

If you have restricted the processing of your personal data, these data – apart from their storage – may only be processed with your consent or for the assertion, exercise, or defense of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the European Union or a member state.

Objection to Promotional Emails

The use of contact data published within the scope of the imprint obligation for the transmission of not expressly requested advertising and information materials is hereby objected to. The operators of the pages expressly reserve the right to take legal action in the event of unsolicited sending of advertising information, such as spam emails.

4. Data Collection on this Website

Cookies

Our websites use so-called “cookies”. Cookies are small data packets that do not cause any damage to your end device. They are either stored temporarily for the duration of a session (session cookies) or permanently (permanent cookies) on your end device. Session cookies are automatically deleted after your visit ends. Permanent cookies remain stored on your end device until you delete them yourself or automatic deletion occurs through your web browser.

Cookies can originate 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).

Cookies have various functions. Numerous cookies are technically necessary because certain website functions would not work without them (e.g., the shopping cart function or the display of videos). Other cookies may be used to analyze user behavior or for advertising purposes.

Cookies that are necessary for the electronic communication process, for providing certain functions requested by you (e.g., for the shopping cart function), or for optimizing the website (e.g., cookies for measuring web audiences) are stored based on Art. 6 para. 1 lit. f GDPR, unless another legal basis is specified. The website operator has a legitimate interest in storing necessary cookies for the technically error-free and optimized provision of its services. If consent for the storage of cookies and similar recognition technologies has been requested, processing will be based exclusively on this consent (Art. 6 para. 1 lit. a GDPR and § 25 para. 1 TTDSG); consent can be revoked at any time.

You can configure your browser to inform you about the setting of cookies and allow cookies only in individual cases, to exclude the acceptance of cookies for specific cases or in general, and to activate the automatic deletion of cookies when the browser is closed. Disabling cookies may limit the functionality of this website.

You can find out which cookies and services are used on this website in this privacy policy.

5. Newsletter

Newsletter Data

If you would like to subscribe to the newsletter 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 newsletter. Further data is not collected or is collected on a voluntary basis only. 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 newsletter registration form is based exclusively on your consent (Art. 6 para. 1 lit. a GDPR). You can revoke your consent to the storage of data, the email address, and its use for sending the newsletter at any time, for example via the “unsubscribe” link in the newsletter. The legality of the data processing operations already carried out remains unaffected by the revocation.

The data you provide for the purpose of subscribing to the newsletter will be stored by us or the newsletter service provider until you unsubscribe from the newsletter, and will be deleted from the newsletter distribution list after you unsubscribe. We reserve the right to delete or block email addresses from our newsletter distribution list at our own discretion within the scope of our legitimate interests pursuant to Art. 6 para. 1 lit. f GDPR.

Data that has been stored by us for other purposes remains unaffected by this.

After you have been removed 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 will only be used for this purpose and will not be merged with other data. This serves both your interest and our interest in compliance with legal requirements when sending newsletters (legitimate interest within the meaning of Art. 6 para. 1 lit. f GDPR). The storage in the blacklist is not limited in time. You can object to the storage if your interests outweigh our legitimate interest.

6. Plugins and Tools

Vimeo without Tracking (Do-Not-Track)

This website uses plugins from the video portal Vimeo. The provider is Vimeo Inc., 555 West 18th Street, New York, New York 10011, USA.

When you visit one of our pages equipped with Vimeo videos, a connection to the Vimeo servers is established. Vimeo is thereby informed which of our pages you have visited. In addition, Vimeo obtains your IP address. However, we have configured Vimeo so that Vimeo will not track your user activities and will not set any cookies.

The use of Vimeo is in the interest of presenting our online offerings in an appealing manner. This represents a legitimate interest within the meaning of Art. 6 para. 1 lit. f GDPR. If consent has been requested, processing is based exclusively on Art. 6 para. 1 lit. a GDPR; consent can be revoked at any time.

Data transmission to the USA is based on the standard contractual clauses of the European Commission and, according to Vimeo, on “legitimate business interests.” Details can be found here: https://vimeo.com/privacy.

For more information on how user data is handled, please refer to Vimeo’s privacy policy: https://vimeo.com/privacy.

Google reCAPTCHA

We use “Google reCAPTCHA” (“reCAPTCHA”) on this website. The provider is Google Ireland Limited (“Google”), Gordon House, Barrow Street, Dublin 4, Ireland.

reCAPTCHA is used to check whether the data entered on this website (e.g., in a contact form) is being entered by a human or by an automated program. For this purpose, reCAPTCHA analyzes the behavior of the website visitor based on various characteristics. This analysis starts automatically as soon as the website visitor enters the website. For the analysis, reCAPTCHA evaluates various information (e.g., IP address, duration of stay on the website, or mouse movements made by the user). The data collected during the analysis is forwarded to Google.

The reCAPTCHA analyses run completely in the background. Website visitors are not notified that an analysis is taking place.

Storage and analysis of the data are based on Art. 6 para. 1 lit. f GDPR. The website operator has a legitimate interest in protecting its web offerings from abusive automated spying and spam. If consent has been requested, processing is based exclusively on Art. 6 para. 1 lit. a GDPR and § 25 para. 1 TTDSG, insofar as the consent includes the storage of cookies or access to information on the user’s device (e.g., device fingerprinting) within the meaning of the TTDSG. Consent can be revoked at any time.

For more information about Google reCAPTCHA, please refer to Google’s privacy policy and terms of use at the following links: https://policies.google.com/privacy?hl=en and https://policies.google.com/terms?hl=en.

The company is certified under the “EU-US Data Privacy Framework” (DPF). The DPF is an agreement between the European Union and the USA designed to ensure compliance with European data protection standards for data processing in the USA. Each company certified under the DPF undertakes to comply with these data protection standards. For more information, please contact the provider at the following link: https://www.dataprivacyframework.gov/s/participant-search/participant-detail?contact=true&id=a2zt000000001L5AAI&status=Active

Source: https://www.e-recht24.de