Data protection declaration according to the General Data Protection Regulation (short: GDPR)

Foreword:

This data protection declaration also applies to all other websites and social media managed by the controller such as Facebook, Instgram, Twitter, LinkedIn fan pages, service pages such as Youtube, Patreon, Apple Music, Spotify, Shopify etc. insofar as reference is made to this data protection declaration on the respective page or platform.

I. Name and address of the person responsible

The controller within the meaning of the General Data Protection Regulation and other national data protection laws of the member states as well as other data protection regulations is:

SK Yacht Services E-Mail:
Owner: Sarah Kroker Phone: +49 162 6754875
Sethlehemmer Str. 37
21745 Hemmoor

II. General information on data processing

1. Scope of processing of personal data

In principle, we process personal data of our users only to the extent necessary to provide a functional website as well as our content and services. The processing of personal data of our users takes place regularly only with the consent of the user. An exception applies in those cases in which it is not possible to obtain prior consent for factual reasons and the processing of the data is permitted by law.

2. Legal basis for the processing of personal data

Insofar as we obtain the consent of the data subject for the processing of personal data, Art. 6 para. 1 lit. a GDPR serves as the legal basis.
For the processing of personal data that is necessary for the performance of a contract to which the data subject is a party, Art. 6 para. 1 lit.b GDPR serves as the legal basis. This also applies to processing operations that are necessary for the implementation of pre-contractual measures.
If the processing of personal data is necessary to fulfil a legal obligation to which our company is subject, Art. 6 para. 1 lit.c GDPR serves as the legal basis.
In the event that vital interests of the data subject or another natural person require the processing of personal data, Art. 6 para. 1 lit. d GDPR serves as the legal basis.
If the processing is necessary to safeguard a legitimate interest of our company or a third party and if the interests, fundamental rights and freedoms of the data subject do not outweigh the first-mentioned interest, Art. 6 para. 1 lit. f GDPR serves as the legal basis for the processing.

3. Data deletion and storage period

The personal data of the data subject will be deleted or blocked as soon as the purpose of storage no longer applies. Storage may also take place if this has been provided for by the European or national legislator in EU regulations, laws or other regulations to which the controller is subject. The data will also be blocked or deleted if a storage period prescribed by the aforementioned standards expires, unless there is a need for further storage of the data for the conclusion or fulfilment of a contract.

III. Provision of the website and creation of log files

1. Description and scope of data processing

Each time our website is accessed, our system automatically collects data and information from the computer system of the calling computer.

The following data is collected:

Information about the browser type and version used
The user’s operating system
The user’s Internet service provider
The IP address of the user
Date and time of access
Websites from which the user’s system reaches our website
Websites accessed by the user’s system via our website
Name and URL of the retrieved file
Message whether the retrieval was successful

The data is also stored in the log files of our system. A storage of this data together with other personal data of the user does not take place.

2. Legal basis for data processing

The legal basis for the temporary storage of data and log files is Article 6 (1) (f) GDPR.

3. Purpose of data processing

The temporary storage of the IP address by the system is necessary to enable delivery of the website to the user’s computer. For this purpose, the IP address of the user must remain stored for the duration of the session.

The storage in log files takes place to ensure the functionality of the website. In addition, the data serves us to optimize the website and to ensure the security of our information technology systems. An evaluation of the data for marketing purposes does not take place in this context.

These purposes also constitute our legitimate interest in data processing in accordance with Art. 6 para. 1 lit. f GDPR.

4. Duration of storage

The data will be deleted as soon as they are no longer required to achieve the purpose for which they were collected. In the case of the collection of data for the provision of the website, this is the case when the respective session has ended.

If the data is stored in log files, this is the case after seven days at the latest. Further storage is possible. In this case, the IP addresses of the users are deleted or alienated, so that an assignment of the calling client is no longer possible.

5. Possibility of objection and removal

The collection of data for the provision of the website and the storage of the data in log files is absolutely necessary for the operation of the website. Consequently, there is no possibility of objection on the part of the user.

IV. Use of cookies

1. Description and scope of data processing

Our website uses cookies. Cookies are text files that are stored in the Internet browser or by the Internet browser on the user’s computer system. When a user accesses a website, a cookie can be stored on the user’s operating system. This cookie contains a characteristic string of characters that allows the browser to be uniquely identified when the website is called up again.

We use cookies to make our website more user-friendly. Some elements of our website require that the calling browser can be identified even after a page change.

The following data is stored and transmitted in the cookies:

Language
Browser type/ browser version
Operating system used
Referrer URL
Host name of the accessing computer
Time and date of the server request

We also use cookies on our website that enable an analysis of the surfing behavior of users.

In this way, the following data can be transmitted:

Entered search terms
Frequency of page views
Use of website functions

The user data collected in this way is pseudonymized by technical precautions. Therefore, an assignment of the data to the calling user is difficult and only possible by certain characteristics. The data is not stored together with other personal data of the users.

When accessing our website, the user is informed about the use of cookies for analysis purposes and his consent to the processing of the personal data used in this context is obtained. In this context, reference is also made to this data protection declaration.

2. Legal basis for data processing

The legal basis for the processing of personal data using technically necessary cookies is Art. 6 para. 1 lit. f GDPR.

The legal basis for the processing of personal data using cookies for analysis purposes is Art. 6 para. 1 lit. a GDPR if the user has given his consent to this effect.

3. Purpose of data processing

The purpose of using technically necessary cookies is to simplify the use of websites for users. Some functions of our website cannot be offered without the use of cookies. For these, it is necessary that the browser is recognized even after a page change.

We need cookies for the following applications:

Contact
Application requests and information
Adoption of language settings
Remembering search terms

The user data collected by technically necessary cookies are not used to create user profiles.

4. Duration of storage, possibility of objection and removal

Cookies are stored on the user’s computer and transmitted to our site by the user. Therefore, as a user, you also have full control over the use of cookies. By changing the settings in your Internet browser, you can deactivate or restrict the transmission of cookies. Cookies that have already been stored can be deleted at any time. This can also be done automatically. If cookies are deactivated for our website, it may no longer be possible to use all functions of the website to their full extent.

V. Registration

1. Description and scope of data processing

On our website, we offer users the opportunity to register as a freelancer by providing personal data and to be registered in the applicant pool. The data is entered into an input mask and transmitted to us and stored. A transfer of the data to third parties, takes place only if this is necessary for the fulfillment of the contract, here the mediation of orders. In any case, the data will be passed on to the applicant/client and, if necessary, to official bodies. A transfer to other third parties that are not in connection with the fulfillment of the contract does not take place. The following data is collected as part of the registration and ordering process:

At the time of registration, the following data is stored:

The IP address of the user
Date and time of registration
E-mail address
First and last name
Position you are looking for
Current location
Annexes and related information

At the time of placement , the following data is also collected:

First and last name
Company(if applicable)
Address (street, number postcode and city)
Date of birth and nationality
Professional experience and qualifications
Telephone number and e-mail address
Further information mentioned from the CV
If applicable, other legally required information about the applicants

2. Legal basis for data processing

If the registration serves the fulfilment of a contract to which the user is a party or the implementation of pre-contractual measures, the additional legal basis for the processing of the data is Art. 6 para. 1 lit.b GDPR. This also applies if the users do not place an order.

3. Purpose of data processing

A registration of the user is necessary for the fulfilment of a contract with the user or for the implementation of pre-contractual measures. This also applies if no order is placed.

4. Duration of storage

The data will be deleted as soon as they are no longer required to achieve the purpose for which they were collected.

This is the case for those during the registration process for the fulfilment of a contract or for the implementation of pre-contractual measures if the data is no longer required for the execution of the contract. Even after conclusion of the contract, there may be a need to store personal data of the contractual partner in order to comply with contractual or legal obligations.

5. Possibility of objection and removal

As a user, you have the option of cancelling the registration at any time. You can have the data stored about you changed at any time.

If the data is required for the fulfilment of a contract or for the implementation of pre-contractual measures, premature deletion of the data is only possible unless contractual or legal obligations prevent deletion.

VI. E-mail contact

1. Description and scope of data processing

On our website we offer electronic contact via the e-mail address provided. In this case, the user’s personal data transmitted with the e-mail will be stored.

In this context, the data will not be passed on to third parties. The data will be used exclusively for the processing of the conversation and the related reason.

2. Legal basis for data processing

The legal basis for the processing of data transmitted in the course of sending an e-mail is Art. 6 para. 1 lit. f GDPR. If the e-mail contact is aimed at the conclusion of a contract, the additional legal basis for the processing is Art. 6 para. 1 lit.b GDPR.

3. Purpose of data processing

In the case of contact by e-mail, the purpose of the processing of personal data lies in the processing of the e-mail and the resulting facts. This also constitutes the necessary legitimate interest in the processing of the data. The other personal data processed during the sending process serve to prevent misuse of the contact and to ensure the security of our information technology systems.

4. Duration of storage

5. Possibility of objection and removal

If the user contacts us by e-mail, he can object to the storage of his personal data at any time. In such a case, the conversation cannot be continued. All personal data stored in the course of contacting us will be deleted in this case.

This does not apply to such data that we have to keep for archiving and verification purposes. Here, limited processing for the storage of the data takes place in accordance with the statutory retention and deletion periods. Usually 6 to 10 years.

VII. Contact form and application forms

1. Description and scope of data processing

On our website we also offer electronic contact via the provided formulare. In this case, we process such personal data of the user which are transmitted to us via the Formular.

The following information is possible via the respective forms :

Application forms

IP address, date and time of the contact request
Name and e-mail address,
Additional information
Appendixes
Reference to the Privacy Policy

Contact forms (search by crew)

IP address, date and time of the contact request
Name and yacht name
E-mail address and telephone number
Appendixes
Reference to the Privacy Policy

In this context, the data will not be passed on to third parties, unless we are legally obliged to do so. If, in exceptional cases, a forwarding takes place, We will inform you about this. The data will be used exclusively for the processing of the conversation and the related reason.

2. Legal basis for data processing

The legal basis for the processing of the data transmitted in the course of a transmission via the contact form is Art. 6 para. 1 lit. f GDPR. If the contact is aimed at the conclusion of a contract, the legal basis for the processing is Art. 6 para. 1 lit.b GDPR.

3. Purpose of data processing

In the case of contact via the forms , the purpose of the processing of the personal data lies in the processing of the contact or request and the resulting facts. This also constitutes the necessary legitimate interest in the processing of the data or the fulfilment of contractual obligations. The other personal data processed during the sending process serve to prevent misuse of the contact and to ensure the security of our information technology systems.

4. Duration of storage

The data will be deleted as soon as they are no longer required to achieve the purpose for which they were collected. For the personal data sent by e-mail, this is the case when the respective conversation with the user has ended. The conversation is terminated when it can be inferred from the circumstances that the facts in question have been conclusively clarified. This does not apply to such data that we have to keep for archiving and verification purposes. Here, limited processing for the storage of the data takes place in accordance with the statutory retention and deletion periods. Usually 6 to 10 years. After expiry of these periods, the data will be deleted accordingly.

5. Possibility of objection and removal

This does not apply to such data that we have to keep for archiving and verification purposes.

VIII. Use and references of/to third-party services

As part of our online offer, it may happen that content from third parties, such as Youtube, Instagram, Facebook, Twitter, Amazon, Spotify, Apple, Patreon or graphics, is also integrated on our website. It is customary for the IP address to be forwarded to the third party for the use of the services (e.B display in the browser). In principle, we have no influence on how the third party acts with the data.

a. Links to partners who recommend us

On our website we have buttons/logos of our partners. If you click on the logos, you will be taken to the page of our partners. Data is also transmitted to these partners. We would like to point out that, as the provider of the pages, we have no knowledge of the content of the transmitted data or their use by our partners. Further information can be found in the respective data protection declarations of the partners.

b. Facebook

On our pages we have our own button ready, which leads to services of Meta Platforms, Inc. with a link. This link is provided in order to make our site available to you at the service provider. Facebook is a social network of the provider Meta Platforms, Inc., 1 Hacker Way, Menlo Park, California 94025, USA. If you click on the button, you will be redirected to our Facebook page. Facebook receives the information that you have visited our site with your IP address. If you click on the button while you are logged in to your Facebook account, you can link the contents of our pages to your Facebook profile. This allows Facebook to assign the visit to our pages to your user account. We would like to point out that, as the provider of the pages, we have no knowledge of the content of the transmitted data or their use by Facebook. Further information can be found in Facebook’s privacy policy under https://de-de.facebook.com/policy.php. If you do not want Facebook to be able to associate your visit to our pages with your Facebook user account, please log out of your Facebook user account and do not click on the button.

c. Instagram

On our pages we have our own button ready, which leads to services of Instagram with a link. This link is provided to provide you with our site at the service provider. Instagram is a service of Meta Platforms, Inc., 1601 Willow Road, Menlo Park, CA, 94025, USA. If you are logged in to your Instagram account, you can connect to our Instagram page by clicking on the button. This allows Instagram to assign the visit to our pages to your user account. We would like to point out that, as the provider of the pages, we have no knowledge of the content of the transmitted data or their use by Instagram. Further information can be found in Instagram’s privacy policy: https://instagram.com/about/legal/privacy/

IX. Rights of the data subject

If your personal data is processed, you are a data subject within the meaning of the GDPR and you have the following rights vis-à-vis the controller:

1. Right

You can request confirmation from the controller as to whether personal data concerning you is being processed by us.

If such processing exists, you can request information from the controller about the following information:

the purposes for which the personal data are processed;
the categories of personal data that are processed;
the recipients or categories of recipients to whom the personal data concerning you have been or will be disclosed;
the planned duration of the storage of the personal data concerning you or, if specific information on this is not possible, criteria for determining the storage period;
the existence of a right to rectification or erasure of personal data concerning you, a right to restriction of processing by the controller or a right to object to such processing;
the existence of a right of appeal to a supervisory authority;
all available information on the origin of the data, if the personal data are not collected from the data subject;
the existence of automated decision-making, including profiling, pursuant to Article 22(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 the data subject.

You have the right to request information as to whether the personal data concerning you is transferred to a third country or to an international organisation. In this context, you can request to be informed about the appropriate guarantees in accordance with Art. 46 GDPR in connection with the transfer.

2. Right to rectification

You have a right to rectification and/or completion vis-à-vis the controller if the processed personal data concerning you is incorrect or incomplete. The controller must make the correction without delay.

3. Right to restriction of processing

Under the following conditions, you can request the restriction of the processing of your personal data:

if you contest the accuracy of the personal data concerning you for a period of time that enables the controller to verify the accuracy of the personal data;
the processing is unlawful and you oppose the erasure of the personal data and instead request the restriction of the use of the personal data;
the controller no longer needs the personal data for the purposes of the processing, but you need them to assert, exercise or defend legal claims, or
if you have objected to the processing pursuant to Article 21 (1) GDPR and it has not yet been determined whether the legitimate reasons of the controller outweigh your reasons.

If the processing of your personal data has been restricted, this data may only be processed – apart from its storage – with your consent or for the establishment, exercise or defence 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 Union or a Member State.

If the restriction of processing has been restricted in accordance with the above conditions, you will be informed by the controller before the restriction is lifted.

4. Right to erasure

a) Obligation to delete

You may request from the controller that the personal data concerning you be deleted without undue delay and the controller is obliged to delete this data without undue delay if one of the following reasons applies:

The personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed.
You revoke your consent on which the processing was based in accordance with Art. 6 para. 1 lit. a or Art. 9 para. 2 lit. a GDPR , and there is no other legal basis for the processing.
You object to the processing pursuant to Article 21 (1) GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Article 21 (2) GDPR .
The personal data concerning you have been unlawfully processed.
The deletion of personal data concerning you is necessary to fulfil a legal obligation under Union law or the law of the Member States to which the controller is subject.
The personal data concerning you have been collected in relation to information society services offered in accordance with Article 8 (1) GDPR.

b) Information to third parties

Where the controller has made the personal data concerning you public and is obliged pursuant to Article 17(1 ) GDPR to erase them, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform controllers processing the personal data that you, as the data subject, have requested the erasure by such controllers of any links to them. have requested personal data or copies or replications of such personal data.

c) Exceptions

The right to erasure does not exist if the processing is necessary

to exercise the right to freedom of expression and information;
to comply with a legal obligation requiring processing under Union or Member State law to which the controller is subject, or to carry out a task carried out in the public interest or in the exercise of official authority vested in the controller;
for reasons of public interest in the field of public health in accordance with Art. 9 para. 2 lit. h and i as well as Art. 9 para. 3 GDPR;
for archiving purposes in the public interest, scientific or historical research purposes or for statistical purposes pursuant to Article 89 (1) GDPR, insofar as the right referred to in Section a) is likely to render impossible or seriously impair the achievement of the objectives of this processing, or
to assert, exercise or defend legal claims.

5. Right to information

If you have asserted the right to rectification, erasure or restriction of processing vis-à-vis the controller, the controller is obliged to inform all recipients to whom the personal data concerning you have been disclosed of this correction or deletion of the data or restriction of processing, unless this proves impossible or involves a disproportionate effort.

You have the right vis-à-vis the controller to be informed about these recipients.

6. Right to data portability

You have the right to receive the personal data concerning you that you have provided to the controller in a structured, commonly used and machine-readable format. In addition, you have the right to transmit this 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 Art. 6 para. 1 lit. a GDPR or Art. 9 para. 2 lit. a GDPR or on a contract pursuant to Art. 6 para. 1 lit.b GDPR and
the processing is carried out using automated procedures.

In exercising this right, you also have the right to have the personal data concerning you transmitted directly from one controller to another, insofar as this is technically feasible. The freedoms and rights of other persons must not be affected by this.

The right to data portability does not apply to the processing of personal data necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

7. Right to object

You have the right, for reasons arising from your particular situation, to object at any time to the processing of personal data concerning you on the basis of Art. 6 para. 1 lit. e or f GDPR ; this also applies to profiling based on these provisions.

The controller shall no longer process the personal data concerning you unless it can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or for the establishment, exercise or defence of legal claims.

If the personal data concerning you are processed for direct marketing purposes, you have the right to object at any time to the processing of your personal data for the purpose of such advertising; this also applies to profiling insofar as it is related to such direct advertising.

If you object to the processing for direct marketing purposes, the personal data concerning you will no longer be processed for these purposes.

In connection with the use of information society services, you have the possibility – notwithstanding Directive 2002/58/EC – to exercise your right to object by automated means using technical specifications.

8. Right to revoke the declaration of consent under data protection law

You have the right to revoke your declaration of consent under data protection law at any time. The revocation of consent does not affect the lawfulness of the processing carried out on the basis of the consent until the revocation.

9. Automated individual decision-making, including profiling

You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects against you or similarly significantly affects you. This does not apply if the decision

is necessary for the conclusion or performance of a contract between you and the controller,
is permitted by Union or Member State law to which the controller is subject and such legislation contains appropriate measures to safeguard your rights and freedoms and your legitimate interests, or
with your express consent.

However, these decisions may not be based on special categories of personal data pursuant to Article 9 (1 ) GDPR , unless Article 9 (2) (a) or (g) GDPR applies and appropriate measures have been taken to protect your rights and freedoms and your legitimate interests.

With regard to the cases referred to in (1) and (3), the controller shall take appropriate measures to safeguard the rights and freedoms and your legitimate interests, including at least the right to obtain human intervention on the part of the controller, to express his or her point of view and contest the decision.

10. Right to lodge a complaint with a supervisory authority

Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement, if you believe that the processing of your personal data infringes the GDPR.

The supervisory authority with which the complaint has been lodged shall inform the complainant of the status and results of the complaint, including the possibility of a judicial remedy pursuant to Article 78 GDPR.

The data protection supervisory authority responsible for us is:

The State Commissioner for Data Protection Niedersachsen
Prinzenstraße 5
30159 Hanover

by e-mail
by phone 0511/120-4500

This privacy policy has been prepared by Schwarte Consulting, Eilenburger Str. 32, 04317 Leipzig, Germany, Website: www.schwarte-consulting.com. Schwarte Consulting acts as external data protection officers, among other things.