Privacy policy

General information

1. What is personal data?

   Personal data is data that reveals or can reveal the identity of the user (e.g. name, address, telephone number, date of birth, bank details and IP address).

2. For what purpose are data processed by us?

   The processing of your data is necessary so that we can carry out or fulfil the services we offer, such as bookings, transfers, discount campaigns, vouchers and credits or the affiliate program.
   The data will therefore be stored, processed and, where necessary, transferred to third parties for these purposes - contract processors as well as service providers operate under their own responsibility and service providers may be in third countries for the purpose of fulfilling charter contracts and the services agreed upon.
   

3. What is the legal basis for data processing?

   The data processing carried out by us is based on the following legal basis:

   • the consent to the processing of data
   • the fulfilment of our pre-contractual and contractual obligations,
   • legal, contractual or other legal obligations on our part (e.g. documentation obligations and rights under accounting, tax and customs law, contracts, reporting, litigation and § 96 TKG and
   • our legitimate interests (e.g. improving customer service, including in the field of advertising, or protecting our own legal interests)

Data protection officer

The person responsible within the meaning of the data protection regulations for all data processing processes carried out via the website https://www.libre-yachting.com (in short "website") is the operator of the website:

All requests and enquiries from data subjects regarding data protection should be addressed to the person responsible at the address provided.

We have not appointed a data protection officer, as the legal requirements for this are not fulfilled.

Data processing on our website

1. Data from users are processed by us in principle to the extent that this is necessary to provide a functional website and the contents and services. As a rule, the processing of our users' data is only carried out after the user has given their consent, prior consent cannot be obtained for factual reasons and/or the processing of the data is already permitted by law.
2. In principle, personal data is only stored as long as the purpose for which it was collected remains. Further storage after the completion of the purpose, only occurs to the extent that this is required due to legal (in particular tax) regulations.
3. Usage data (pending from the registration forms)

   In the course of the use of our website we log the following data (so-called "usage data"), the storage of which serves exclusively internal
   system-related and statistical purposes:

   • Origin (country and city)
   • Language
   • Operating system of the user
   • Device (PC, Tablet PC or Smartphone)
   • Browser used and all add-ons used
   • computer resolution
   • Visitor origin (Facebook, search engine or referring website)
   • Downloaded files
   • Information about viewed videos
   • Information, whether and which advertising banners were clicked
   • Where did the visitor go? Did they click on other pages of the portal or did they leave them completely?
   • Length of stay of the visitor

   The data is also stored in the log files of our system. These data are not stored together with other personal data of the user. The legal basis for the temporary storage of data and log files is Art. 6 para. 1 lit. f DSGVO.

   The temporary storage of the IP address by the system is necessary to enable the website to be delivered to the user's computer. For this purpose, the user's IP address must remain stored for the duration of the session.
   It is stored in log files to ensure the functionality of the website. The data also serves to optimise 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 include our legitimate interest in data processing in accordance with Art. 6 Para. 1 lit. f DSGVO.
   The data will be deleted as soon as it is no longer required for the purpose of collection. In the case of the collection of data for the purpose of providing the website, this is the case when the respective session has ended.
   In the case of data stored in log files, this is the case after seven days at the latest. Storage beyond this period 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
   The collection of data for the provision of the website and the storage of the data in log files is mandatory for the operation of the website. Consequently, there is no possibility of objection on the part of the user.
   

4. Personal data

   On our website, we offer users the opportunity to register and request an offer by providing personal data, to make a charter inquiry or a general request and to apply as an affiliate partner. The data is entered into the respective input mask and transmitted to us and stored.
   The following data will be processed:

   • Name and surname
   • Date of birth
   • Country of birth
   • Citizenship
   • Address
   • E-mail
   • Phone number
   • Gender
   The legal basis for the processing of the data is Art. 6 para. 1 lit. a DSGVO if the user has given their consent. 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 data is Art. 6 para. 1 lit. b DSGVO.

   The data shall be deleted as soon as they are no longer required for the purpose of their collection and no legal obligations to retain them exist.

   This is the case for the fulfilment of a contract or the implementation of pre-contractual measures if the data is no  longer necessary for the implementation of the contract. Even after conclusion of the contract, it may still be necessary to store personal data of the contractual partner in order to comply with contractual or legal obligations. If the data is necessary for the performance of a contract or for the implementation of
   pre-contractual measures, an early deletion of the data is only possible if there are no contractual or legal obligations that prevent deletion.

Transfer of data to third parties

1. We use the data provided by you to answer your inquiries, to process contracts, to process your order in the web shop and for the technical administration of our website.
2. Your personal data will only be passed on or otherwise transferred to third parties if the transfer is necessary for the purpose of processing the contract or for invoicing purposes or for the collection of payment or if you have given your express consent. In addition, we are entitled to pass on personal data for collection purposes and reserve the right to exchange data with protection organisations in the economy (e.g. credit protection associations); only if the legal requirements are met.
   

   The data is passed on in particular to the customer's contractual partner within the framework of the conclusion of a charter contract. This contractual partner may also have their residence/registered office in a country outside the EU community territory.

3. Payment processing via our website is carried out by the external payment service provider Stripe, 510 Townsend Street, San Francisco, CA 94103, USA (hereinafter "Stripe"). If you pay by credit card, a connection to the online payment system of Stripe is automatically established via a technical interface. The payment data provided by you will be transmitted to Stripe via an encrypted connection for the sole purpose of payment processing and will be stored and processed there. The processing of the data also takes place exclusively for the aforementioned purpose of processing the payment of your order, whereby the payment data must be passed on by Stripe to the credit institution you have specified, if necessary, in order to trigger and authorise the payment process.

   You can find out more about the data protection regulations of Stripe under the link https://stripe.com/at/privacy

   The legal basis for the survey is Art. 6 para. 1 lit. a DSGVO.

4. Disclosure in legally ordered cases

   It should be noted that we are entitled, by order of the competent authority in individual cases, to provide information about data, as far as this is necessary for the purpose of criminal prosecution, for danger prevention by the police authorities of the federal states.

Use of cookies

We use software on our website to analyse the use of the website. In this context, so-called cookies are also used. Cookies are text files that are stored on the computer of the website visitor and thus enable the recognition of a visitor on an anonymous basis. Some of the cookies used are deleted after the end of the browser session. These are so-called session cookies. Other cookies remain on your end device and enable the browser to be recognised
when you visit our website later (permanent cookies). You can set your browser so that you are informed about the setting of cookies and decide individually whether to accept them or to exclude the acceptance of cookies for certain cases or in general. Please note that you may not be able to use some functions of this website if cookies are deactivated. We ensure that no personal data is taken by cookies and that cookies are only used if technically necessary for the website. This means that the weighing of interests shows that there are no overriding interests on your part that conflict with this
(Art. 6 I p. 1 f DSGVO).

Use of Google Analytics

This website uses Google Analytics, a web analysis service of Google Inc. ("Google"). Google Analytics uses "cookies", which are text files placed on your computer, to help the website analyse how users interact with the site. The information generated by the cookies about your use of this website (including your IP address) is transferred to a Google server in the USA and stored there. Google will use this information for the purpose of evaluating your use of
the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties when required to do so by law, or where such third parties process the information on Google's behalf. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. By using this website, you agree to the processing of the data collected by Google in the manner described above and for the purposes known above.

You can prevent Google from recording the data generated by the cookie and relating to your use of the website (including your IP address) and from processing this data by Google by downloading and installing the browser plug in available under the link http://tools.google.com/dlpage/gaoptout?hl=de. You can also prevent the collection of your data by Google Analytics by clicking on the following link. An opt-out cookie is set to prevent the collection of your data during future visits to this website: Disable Google Analytics. You can view the Google privacy policy at http://www.google.de/intl/de/policies/privacy/. Further information on terms of use and data protection can be found at http://www.google.com/analytics/terms/de.html or http://www.google.com/intl/de/analytics/privacyoverview.html.

Usage of GPS tracking

We use the location of our users in the background to enable the functionality of automatic GPS tracking in the logbook module of the Libre Yachting APP.

Your rights as a data subject

If your data is processed, you are a data subject within the meaning of the DSGVO and you are entitled to the following rights vis-à-vis the person responsible:

1. Right to information, correction, restriction of processing and deletion

   You can request information free of charge at any time regarding the data stored about your person, its origin as well as its recipient and the purpose of the data processing. Furthermore, you have the right to correct, delete and restrict the processing of your data, provided that the legal requirements for this are met.

2. Right to data transferability

   You have the right to receive the personal data concerning you that you have provided to us as a responsible party in a structured, common and machine-readable format.

3. Right to be informed

   Once the right of rectification, erasure or limitation of processing has been exercised, the controller is obliged to notify all recipients to whom the personal data concerning you have been disclosed of this rectification, erasure or limitation of processing, unless this proves impossible or involves a disproportionate effort.
   You have the right to be informed of these recipients by the controller.

4. Right of objection

   You have the right to object at any time, for reasons arising from your particular situation, to the processing of personal data concerning you which is carried out pursuant to Article 6 paragraph 1 letter e or letter f of the DPA; this also applies to profiling based on these provisions.

   The controller will no longer process the personal data concerning you, unless he can demonstrate compelling reasons for processing which are justified on grounds of protection that outweigh your interests, rights and freedoms, or if the processing is for the purpose of asserting, exercising or defending legal claims.

   Where personal data relating to you are processed for the purpose of direct marketing, you have the right to object at any time to the processing of personal data relating to you for the purpose of such marketing, including profiling, insofar as it relates to such direct marketing.

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

   You have the possibility to exercise your right of objection in relation to the use of information society services, without prejudice to Directive 2002/58/EC, by means of automated procedures using technical specifications.

5. Revocation of the declaration of consent

   You can revoke the consents you have given at any time, whereby the revocation only applies to the future and the legality of the data processing prior to revocation remains unaffected.

   The revocation must be addressed in writing to the person responsible for data protection.

6. Right of complaint to 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 in which you are resident, in which you work or in which the alleged infringement occurred, if you consider that the processing of personal data relating to you is contrary to the basic EU data protection regulation (DSGVO).

   The supervisory authority to which the complaint has been lodged will inform the complainant of the status and outcome of the complaint, including the possibility of a judicial remedy under Article 78 of the DSGVO.