1. Name and Contact Details of the Controller for the Data Processing as well as of the Company Data Protection Officer
This data protection information applies to the processing of data by:
Michael Schmidt Yachtbau GmbH
Managing Director Mr Johannes Malzahn
Phone: +49 (0) 3834 5858 77-0
Fax: +49 (0) 3834 58587-77
2. Collection and Storage of Personal Data, as well as the Nature and Purpose of its Use
a) When visiting the website
When visiting our website www.yyachts.de, the browser on your device will automatically send information to our website server. This information is temporarily stored in a so-called log file. The following information is collected without any action by you and is stored until it is automatically deleted:
- IP address of the requesting computer,
- Date and time of access,
- Content of the request (specific site),
- Access status / HTTP status code,
- Data volume transferred,
- The website which the request comes from (referrer URL),
- The interface of the operating system,
- Language and version of the browser software,
- Name of your access provider, and
- Host name retrieved.
The above-mentioned data is processed by us for the following purposes:
- Ensuring the website forms a connection smoothly,
- Ensuring a comfortable use of our websit
- Evaluation of system security and stability, as well as
- For further administrative purposes.
The legal basis for data processing is Art. 6 Para. 1 Sentence 1 lit. f GDPR. Our legitimate interest from the purposes listed above results in data collection. We do not, in any case, use the data collected for making conclusions about you.
b) Signing up for our newsletter
If, in accordance with Art. 6, Para. 1 Sentence. 1, lit. a GDPR you have given express consent, we will use your e-mail address to send you our regular newsletter. In our newsletter we inform you about current topics such as the development of new ship models, delivery dates, deliveries, events, fairs, partnerships, special offers, and other sales-related matters.
Registering for our newsletter involves a so-called double opt-in procedure. After registering, you will receive an e-mail in which you will be asked to confirm your registration. This confirmation is necessary so that no one can register with external e-mail addresses. The registration to the newsletter is logged in order to prove the registration process in accordance with the legal requirements. This includes the storage of the registration and the confirmation date, as well as the IP address.
You can cancel our newsletter at any time, i.e. revoke your consent. A link to terminate the newsletter can be found at the end of each newsletter or on our website. Alternatively, you can send your unsubscribe request to email@example.com at any time.
The data we store for the purpose of the newsletter subscription will be stored until you cancel the newsletter and will be deleted from our servers after the cancellation of the newsletter.
c) Contact via E-Mail
If you have any questions of any kind we offer you the opportunity to contact us by e-mail using the link provided on the website.
When contacting us via e-mail, your e-mail address and the information from your request are collected and stored by us. The e-mail address and other information from the request are processed in order to be able to answer your e-mail request. The processing of the e-mail address is based on Art. 6, Para. 1 Sentence 1, lit. f GDPR. The legal basis for processing of the other information from the request is Art. 6 Para. 1 Sentence 1 lit. b GDPR.
We will delete this data after storage is no longer required, or we will restrict the processing of this data if statutory retention obligations exist.
3. Disclosure of Data
Your personal data is not transferred to third parties for purposes other than those listed in the following.
We will only share your personal data with third parties, if:
- You have given your express consent for us to do so in accordance with Art. 6, Para. 1 Sentence 1, lit. a GDPR,
- Disclosure according to Art. 6 Para. 1 Sentence 1 lit. f GDPR is necessary for the establishment, exercise or defence of legal claims and there is no reason to believe that you have an overriding, legitimate interest in the non-disclosure of your data,
- There is a legal obligation to disclosure in accordance with Art. 6, Para. 1 Sentence 1, lit. c GDPR, and
- This is legally permissible and, according to Art. 6 Para. 1 Sentence 1 lit. b GDPR is required for the processing of contractual relationships with you.
Cookies are small files that your browser creates automatically and that are stored on your device (laptop, tablet, smartphone, etc.) when you visit our site. Cookies do not cause any damage to your device and do not contain any viruses, Trojans or other malicious software.
Information which arises in connection with the specific device used is stored in the cookie. However, this does not mean that we are immediately aware of your identity.
We use persistent cookies on our website. Persistent cookies are automatically deleted after a specified duration, which may differ depending on the cookie.
Specifically the following cookies are used:
- The processing of data by cookies not required for technical reasons takes place on the legal basis of Art. 6 Para. 1 Sentence1 lit. a GDPR, if you have given your consent.
- Your current consent relates to the use: ……….
- You can use the link below to change your consent at any time.
- You also have the possibility of rejecting cookies. Most browsers accept cookies automatically. However, you can configure your browser so that no cookies are stored on your computer or so that a message appears before a new cookie is created. However, completely deactivating cookies can result in you not being able to use all of the features of our website.
5. Analysis Tools
a) Tracking tools
If you have given your consent, the tracking measures listed in the following and used by us are implemented. With these tracking measures we want to ensure a demand-orientated design and the continuous optimisation of our website. On the other hand, we use tracking in order to statistically measure the use of our website and for evaluation for the purposes of optimising our offer for you.
The respective data processing purposes and data categories are to be derived from the corresponding tracking tools.
aa) Google Analytics
For the purposes of demand-orientated design and ongoing optimisation of our website, we use Google Analytics, a web analytics service provided by Google, Inc. www.google.de (1600 Amphitheater Parkway, Mountain View, CA 94043, USA; hereinafter referred to as “Google”). In this context, anonymised usage profiles are created and cookies (see para. 4) are used. The information generated by the cookie about your use of this website, such as
- Operating system used,
- Referrer URL (the page previously visited),
- The host name of the accessing computer (IP address) and,
- Time of the server request
is transferred to a Google server in the USA and stored there. The information is used to assess usage of the website, to compile reports on website activities and to provide further services associated with website use and internet use for the purposes of market research and to provide demand-orientated design of these internet pages. This information may also be transferred to third parties where required to do so by law, or where such third parties process this data on our behalf. Under no circumstances is your IP address associated with any other data held by Google. The IP addresses are anonymised so that they cannot be attributed to anyone (IP masking).
The legal basis for the use of Google Analytics is your given consent. You can revoke your consent for the future at any time (see para. 4)
In addition, you can prevent the installation of cookies by adjusting the correct setting in your browser software; however, we would point out that in this case not all the features of this website can be used in full.
You may also prevent Google from collecting the data (including your IP address) generated by the cookie and related to your use of the website, as well as the processing of that data, by downloading and installing a browser Add-On https://tools.google.com/dlpage/gaoptout
As an alternative to the browser add-on, in particular for browsers on mobile devices, you can also prevent collection by Google Analytics by clicking on this link. An opt-out cookie will be set which prevents the future collection of data when visiting this website. The opt-out cookie is only valid in this browser and only for our website and is stored on your device. If you delete the cookies in this browser, you must set the opt-out cookie again.
More information on Google Analytics’ data protection policy can be found in Google Analytics help https://support.google.com/analytics/answer/6004245?hl=en
bb) Google Adwords Conversion Tracking
In order to collect statistics on the use of our website and for evaluation for the purposes of optimising our website for you, we also use Google Conversion Tracking. This involves Google Adwords setting a cookie (see para. 4) on your computer if you have arrived at our website via a Google ad. These cookies expire after 30 days and are not used for personal identification. If the user visits certain pages of the adwords customer’s website and the cookie has not yet expired, Google and the customer can recognise that the user has clicked on the ad and was redirected to this page. Each Adwords customer receives another cookie. Cookies can therefore not be tracked through the adwords customers’ websites. The information obtained using the conversion cookie is used to create conversion statistics for adwords customers who have opted for Conversion Tracking. The Adwords customers discover the total number of users who clicked on their ad and were forwarded to a website which has a Conversion Tracking tag. However, they receive no information that can identify users personally.
The legal basis for the use of Conversion Tracking is your given consent. You can revoke your consent for the future at any time (see para. 4)
If you do not wish to participate in the tracking procedure, you can reject the setting of the necessary cookie using your browser’s settings, where the automatic setting of cookies in general can be disabled. You can also choose to disable cookies for Conversion Tracking by adjusting your browser settings in such a way that cookies from the domain “www.googleadservices.com” are blocked. Google’s privacy notice for Conversion Tracking can be found here (https://services.google.com/sitestats/en.html).
6. Embedding Youtube Videos
We have embedded Youtube videos on our website which are stored on http://www.youtube.com and which can be played directly from our website. These are all embedded in “Advanced Data Protection Mode”, in other words, no data about you as a user is transferred to YouTube if you don’t play the videos. Only when you play the videos will the data referred to in para. 2 be transferred. We have no influence over this data transfer.
If you are logged in to Google, your data will be directly associated with your account. If you do not want this to happen, you will need to log out before activating the button. YouTube saves your data as usage profiles and uses it for the purposes of advertising, market research and/or demand-orientated design of its website. Even for users who are not logged in, such evaluation is carried out in particular for the provision of demand-orientated advertising and to inform other users of the social network about your activities on our website. You have a right of objection to the formation of these user profiles; however, you must address YouTube to exercise this right.
Google also processes your personal data in the United States and has been subjected to the EU-US Privacy Shield, https://www.privacyshield.gov/EU-US-Framework
7. Embedding of 3 D content
On this site, we offer the you the possibility to experience the interior of our yachts virtually. For this purpose, we have embedded a 3D simulation created by the company Prestigevision based in 2079 Mountain Vista Drive, Nanaimo, BC, Canada, in our website. The 3D simulation is embedded in “Advanced Data Protection Mode”, in other words, no data about you as a user is transferred to the company Prestigevision if you don’t start the simulation. Only when you start the simulation will the data referred to in para. 2 be transferred. We have no influence over this data transfer.
By starting the simulation, cookies will be activated by Google Analytics and the data referred to under section 5 (Analytics tools/Google Analytics) of this privacy statement. The information is used to assess usage of the website, to compile reports on website activities and to provide further services associated with website use and internet use for the purposes of market research and to provide demand-orientated design of internet pages.The legal basis for the use of Google Analytics and the disclosure of data to the company Prestigevision is your given consent.
For further information on the use of your data, please contact the company Prestigevision (https://www.prestigevision.com).
8. Rights of Person(s) Concerned
You have the following rights:
According to Art. 15 GDPR, you can request information concerning your personal data we have processed. In particular, you can request information on the processing purposes, the category of personal data, the categories of recipients to whom your information has been or will be disclosed, the planned storage duration, the existence of a right of correction, deletion, restriction of processing or objection, the existence of a right of appeal, the origin of the data, if it was not collected by us, as well as the existence of automated decision-making including profiling and, if necessary, meaningful information on the details,
According to Art. 16 GDPR, you can immediately request the correction of incorrect data we have about you or the completion of your personal data stored by us,
According to Art. 17 GDPR, you can request the deletion of your personal data stored with us provided that the processing is not necessary for the exercise of the right to freedom of expression and information, for compliance with a legal obligation, for reasons of public interest or for the establishment, exercise or defence of legal claims,
According to Art. 18 GDPR, you can request restriction of the processing of your personal data if the accuracy of the data is disputed by you or the processing is unlawful, but you reject to the deletion of the data and we no longer need the data, you need the data for the establishment, exercise or defence of legal claims or you have filed an objection against the processing according to Art. 21 GDPR,
According to Art. 20 GDPR, you can request the personal information you have provided to us in a structured, common and machine readable format or request the transmission of such to another Controller,
According to Art. 7 Para. 3 GDPR, you can revoke any given consent at any time. This has the consequence that we cannot continue with the data processing that we carried out based on this consent, and
According to Art. 77 GDPR, you can lodge a complaint at a supervisory authority. As a general rule, you can do this by referring to the supervisory authority of your usual residence or workplace or of our office headquarters.
9. Right of Objection
If your personal data is processed on the basis of legitimate interests in accordance with Art. 6 Para. 1 Sentence 1 lit. f GDPR, you have the right, in accordance with Art. 21 GDPR, to file an objection against the processing of your personal data to the extent that reasons exist which arise from your specific situation or if the objection is to direct advertising. In the latter case, you have a general right of objection which will be implemented by us without specifying a particular situation.
If you would like to claim your right of revocation or objection, please send an e-mail to firstname.lastname@example.org
10. Data Security
During a website visit, we use the popular SSL (Secure Socket Layer) process in conjunction with the highest level of encryption supported by your browser. Usually this is 256-bit encryption. If your browser does not support 256-bit encryption, we instead rely on 128-bit v3 technology. You can tell whether a single page of our website is transmitted encrypted by the closed padlock icon in the bottom status bar of your browser.
In addition, we make use of appropriate technical and organisational security measures for protecting your data against accidental or intentional manipulation, partial or complete loss or destruction or against unauthorised access by third parties. Our security measures are continuously improved in line with technological development.