Data Protection

Privacy Policy According to the GDPR

1. Name and Address of the Controller

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:

Libre Landyachting GmbH

Managing Director: Christian John
Emmastraße 6
44869 Bochum
Germany

Tel: +49 2327 9190029
E-mail: info@libre-landyachting.com

2. General Information on Data Processing

1. Scope of Processing Personal Data

We process personal data of our users only to the extent necessary to provide a functional website and our content and services. The processing of personal data of our users takes place regularly only with the user’s consent. An exception applies in cases where prior consent cannot be obtained for factual reasons and the processing of the data is permitted by law.

2. Legal Basis for Processing Personal Data

Insofar as we obtain the consent of the data subject for processing operations involving personal data, Article 6(1)(a) of the EU General Data Protection Regulation (GDPR) serves as the legal basis.
For the processing of personal data necessary for the performance of a contract to which the data subject is party, Article 6(1)(b) GDPR serves as the legal basis. This also applies to processing operations required to carry out pre-contractual measures.

Insofar as processing of personal data is necessary for compliance with a legal obligation to which our company is subject, Article 6(1)(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, Article 6(1)(d) GDPR serves as the legal basis.

If processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, and if the interests, fundamental rights and freedoms of the data subject do not override the first-mentioned interest, Article 6(1)(f) GDPR serves as the legal basis for the processing.

3. Data Erasure and Storage Duration

The personal data of the data subject are erased or blocked as soon as the purpose of storage ceases to apply. Storage may also take place if provided for by the European or national legislator in EU regulations, laws or other provisions to which the controller is subject. Data will also be blocked or erased when a storage period prescribed by the aforementioned standards expires, unless there is a need for further storage of the data for the conclusion or performance of a contract.

3. 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 accessing computer. The following data is collected:

1. Information about the browser type and version used
   
2. The user’s operating system
   
3. The user’s Internet service provider
   
4. The user’s IP address
   
5. Date and time of access
   
6. Websites from which the user’s system accesses our website
   
7. Websites accessed by the user’s system through our website

The data is also stored in the log files of our system. This data is not stored together with other personal data of the user.

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 user’s IP address must remain stored for the duration of the session.

Storage in log files is done to ensure the functionality of the website. In addition, we use the data 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 pursuant to Article 6(1)(f) GDPR.

4. Duration of Storage

The data is deleted as soon as it is no longer necessary to achieve the purpose for which it was 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.

In the case of storage of data 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. Option to Object and Remove

The collection of data for providing the website and the storage of data in log files is essential for the operation of the website. Consequently, there is no possibility for the user to object.

4. Use of Cookies

a) 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 may be stored on the user’s operating system. This cookie contains a characteristic string that allows unique identification of the browser when the website is accessed 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:

1. Language settings
2. Items in a shopping cart
3. Log-in information

We also use cookies on our website that allow an analysis of the users’ surfing behavior. In this way, the following data can be transmitted:

1. Entered search terms
2. Frequency of page views
3. Use of website functions

The data collected in this way is pseudonymized by technical measures. Therefore, it is no longer possible to assign the data to the calling user. The data is not stored together with other personal data of the users.

When accessing our website, users are informed about the use of cookies for analysis purposes through an info banner and referred to this privacy policy. In this context, there is also a notice on how the storage of cookies can be prevented in the browser settings.

When accessing our website, the user is informed about the use of cookies for analysis purposes and their consent to the processing of personal data used in this context is obtained. In this context, there is also a reference to this privacy policy.

b) 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 their consent.

c) 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:

1. Cart
2. Adoption of Language Settings
3. Remembering search terms

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

Our legitimate interest in the processing of personal data pursuant to Art. 6 para. 1 lit. f GDPR also lies in these purposes.

d) Duration of Storage, Possibility of Objection and Removal

Cookies are stored on the user’s computer and transmitted from it to our site. Therefore, you as a user 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. The transmission of Flash cookies cannot be prevented through the browser settings, but by changing the settings of the Flash player.

5. Newsletter

1. Description and scope of data processing

On our website, there is the option to subscribe to a free newsletter. When registering for the newsletter, the following data from the input mask is transmitted to us:

1. User’s first and last name
2. User’s email address and area of sporting interest

In addition, the following data is collected during registration:

1. IP address of the calling computer
2. Date and time of registration

For the processing of the data, your consent is obtained during the registration process and reference is made to this privacy policy.

If you purchase goods or services on our website and provide your email address, we may subsequently use it to send you a newsletter. In such cases, the newsletter will exclusively contain direct advertising for our own similar goods or services.

No data is shared with third parties in connection with data processing for sending newsletters. The data is used exclusively for sending the newsletter.

2. Legal basis for data processing

The legal basis for processing data after the user has subscribed to the newsletter, if the user has given consent, is Art. 6 para. 1 lit. a GDPR.
The legal basis for sending the newsletter following the sale of goods or services is § 7 para. 3 UWG.

3. Purpose of Data Processing

The collection of the user’s email address serves to deliver the newsletter.
The collection of other personal data during the registration process is to prevent misuse of the services or the email address used.

4. Duration of Storage

The data is deleted as soon as it is no longer necessary for achieving the purpose of its collection. The user’s email address is therefore stored as long as the newsletter subscription is active.
Other personal data collected during the registration process is usually deleted after a period of seven days.

5. Option to Object and Remove

The newsletter subscription can be cancelled by the affected user at any time. For this purpose, there is a corresponding link in every newsletter.
This also enables the revocation of consent for storing the personal data collected during the registration process.

6. Registration

1. Description and scope of data processing

On our website, we offer users the opportunity to register for training dates by providing personal data. The data is entered into an input mask, transmitted to us, and stored. The data is not shared with third parties. The following data is collected during the registration process:

1. User’s first and last name
2. User’s email address
3. Desired course
4. User’s preferred date

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

1. The user’s IP address
2. Date and time of registration

During the registration process, the user’s consent for processing this data is obtained.

2. Legal basis for data processing

The legal basis for data processing, if the user has given consent, is Art. 6 para. 1 lit. a GDPR.

If the registration serves to fulfill a contract to which the user is a party or to carry out pre-contractual measures, the additional legal basis for processing the data is Art. 6 para. 1 lit. b GDPR.

3. Purpose of Data Processing

User registration is necessary for the fulfillment of a contract with the user or for carrying out pre-contractual measures. These include agreements for paid training and courses in the sports of land sailing, kite buggy riding, and kite landboarding, as well as the associated scheduling arrangements.

4. Duration of Storage

The data is deleted as soon as it is no longer necessary for achieving the purpose of its collection.

For data collected during the registration process to fulfill a contract or to carry out pre-contractual measures, this is the case when the data is no longer required for the execution of the contract. Even after the conclusion of the contract, it may be necessary to store personal data of the contractual partner to comply with contractual or legal obligations.

5. Option to Object and Remove

As a user, you have the option to cancel the registration at any time. You can have the stored data about you modified at any time.

If the data is necessary for fulfilling a contract or for carrying out pre-contractual measures, premature deletion of the data is only possible insofar as contractual or legal obligations do not preclude deletion.

7. Contact Form and Email Contact

1. Description and scope of data processing

A contact form is available on our website, which can be used for electronic communication. If a user takes advantage of this option, the data entered in the input mask is transmitted to us and stored. This data includes:

1. User’s email address

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

1. The user’s IP address
2. Date and time of registration

For the processing of the data, your consent is obtained during the submission process and reference is made to this privacy policy.

Alternatively, contact is possible via the provided email address. In this case, the user’s personal data transmitted with the email will be stored.

In this context, the data will not be shared with third parties. The data is used exclusively for processing the conversation.

2. Legal basis for data processing

The legal basis for data processing, if the user has given consent, is Art. 6 para. 1 lit. a GDPR.

The legal basis for processing data transmitted during the sending of an email is Art. 6 para. 1 lit. f GDPR. If the email contact aims to conclude a contract, the additional legal basis for processing is Art. 6 para. 1 lit. b GDPR.

3. Purpose of Data Processing

The processing of personal data from the input mask serves solely for handling the contact request. In the case of contact by email, this also constitutes the necessary legitimate interest in processing the data.
The other personal data processed during the sending process are used to prevent misuse of the contact form 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 necessary for achieving the purpose of their collection. For personal data from the input mask of the contact form and those sent by email, this is the case when the respective conversation with the user has ended. The conversation is considered ended when it can be inferred from the circumstances that the matter in question has been conclusively resolved.

The additional personal data collected during the sending process will be deleted after a period of seven days at the latest.

5. Option to Object and Remove

The user has the option to revoke their consent to the processing of personal data at any time. If the user contacts us by email, they can object to the storage of their personal data at any time. In such a case, the conversation cannot be continued. The user’s request for objection and removal of their personal data is made through their notification by email.

8. Web Analysis by Google Analytics

1. Scope of Processing Personal Data

We use Google Analytics on our website to analyze the surfing behavior of our users. The software places a cookie on the users’ computer (for cookies, see above). When individual pages of our website are accessed, the following data are stored:

1. The accessed web page
2. The website from which the user accessed the viewed web page (referrer)
3. The subpages accessed from the viewed web page
4. The time spent on the website
5. The frequency of accessing the website
6. Operating systems
7. Two bytes of the IP address of the user’s accessing system

The software is set up so that IP addresses are not fully stored, but 2 bytes of the IP address are masked (e.g.: 192.168.xxx.xxx). This way, it is no longer possible to assign the shortened IP address to the accessing computer.

The software runs exclusively on the servers of our website. Personal data of users is stored only there. The data is not shared with third parties.

2. Legal Basis for Processing Personal Data

The legal basis for processing users’ personal data is Art. 6 para. 1 lit. f GDPR.

3. Purpose of Data Processing

The processing of users’ personal data allows us to analyze the surfing behavior of our users. By evaluating the obtained data, we are able to compile information about the use of individual components of our website. This helps us to continuously improve our website and its user-friendliness. These purposes also constitute our legitimate interest in processing the data according to Art. 6 para. 1 lit. f GDPR. By anonymizing the IP address, users’ interests in protecting their personal data are sufficiently taken into account.

4. Duration of Storage

The data will be deleted as soon as they are no longer needed for our recording purposes.
In our case, this occurs after 3 years.

5. Option to Object and Remove

Cookies are stored on the user’s computer and transmitted from it to our site. Therefore, you as a user also have full control over the use of cookies. You can deactivate or restrict the transmission of cookies by changing the settings in your internet browser. 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.

9. Rights of the Data Subject

If personal data concerning you 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 to Information

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

If such processing is taking place, you can request the following information from the controller:

1. The purposes for which the personal data is being processed;
2. The categories of personal data being processed;
3. The recipients or categories of recipients to whom your personal data has been or will be disclosed;
4. The planned duration of storage of your personal data or, if specific information is not possible, criteria for determining the storage duration;
5. The existence of a right to rectification or erasure of your personal data, a right to restriction of processing by the controller, or a right to object to such processing;
6. The existence of a right to lodge a complaint with a supervisory authority;
7. All available information on the source of the data, if the personal data is not collected from the data subject;
8. The existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.

You have the right to request information about whether your personal data is transferred to a third country or to an international organization. In this context, you can request to be informed about the appropriate safeguards pursuant to Article 46 GDPR in connection with the transfer.

2. Right to Rectification

You have the right to request rectification and/or completion of personal data concerning you from the controller if the processed personal data is inaccurate or incomplete. The controller must make the correction without delay.

3. Right to Restriction of Processing

You can request the restriction of processing of personal data concerning you under the following conditions:

1. If you contest the accuracy of your personal data for a period enabling the controller to verify the accuracy of the personal data;
2. The processing is unlawful and you oppose the erasure of the personal data and request the restriction of their use instead;
3. The controller no longer needs the personal data for the purposes of the processing, but you require them for the establishment, exercise or defense of legal claims, or
4. If you have objected to processing pursuant to Article 21(1) GDPR pending the verification whether the legitimate grounds of the controller override your grounds.

If the processing of personal data concerning you has been restricted, this data may – apart from its storage – only be processed with your consent or for the establishment, 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 Union or a Member State.
If the restriction of processing has been limited according to the above conditions, you will be informed by the controller before the restriction is lifted.

4. Right to Erasure

a) Obligation to erase

You can request from the controller that personal data concerning you be erased immediately, and the controller is obligated to erase this data immediately if one of the following reasons applies:

1. The personal data concerning you is no longer necessary in relation to the purposes for which it was collected or otherwise processed.
2. You withdraw your consent on which the processing is based according to Article 6(1)(a) or Article 9(2)(a) GDPR, and where there is no other legal ground for the processing.
3. 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.
4. The personal data concerning you has been unlawfully processed.
5. The personal data concerning you has to be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.
6. The personal data concerning you was collected in relation to offered services of the information society according to Art. 8 Para. 1 GDPR.

b) Information to third parties

If the controller has made the personal data concerning you public and is obliged to erase it pursuant to Art. 17(1) GDPR, taking into account available technology and implementation costs, he shall take reasonable measures, including technical measures, to inform controllers processing the personal data that you, as the data subject, have requested the erasure of all links to, or copies or replications of, this personal data.

c) Exceptions

The right to erasure does not exist to the extent that processing is necessary

1. for exercising the right of freedom of expression and information;
2. for compliance with a legal obligation which requires processing by Union or Member State law to which the controller is subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
3. for reasons of public interest in the area of public health in accordance with Art. 9 Para. 2 lit. h and i as well as Art. 9 Para. 3 GDPR;
4. for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Art. 89 Para. 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 that processing; or
5. for the establishment, exercise or defense of legal claims.

5. Right to Information

If you have asserted the right to rectification, erasure or restriction of processing against the controller, the latter is obliged to notify all recipients to whom the personal data concerning you has been disclosed of this rectification or erasure of the data or restriction of processing, unless this proves impossible or involves disproportionate effort. You have the right to be informed about these recipients by the controller.

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. You also have the right to transmit this data to another controller without hindrance from the controller to whom the personal data was provided, provided that

1. 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
2. the processing is carried out by automated means.

In exercising this right, you also have the right to have the personal data concerning you transmitted directly from one controller to another, where technically feasible. This shall not adversely affect the rights and freedoms of others.

The right to data portability does not apply to 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 to object at any time, on grounds relating to your particular situation, to the processing of personal data concerning you which is based on Article 6(1)(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 he can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing serves the establishment, exercise or defense of legal claims.

Where personal data concerning you are processed for direct marketing purposes, you have the right to object at any time to processing of personal data concerning you for such marketing, which includes profiling to the extent that it is related to such direct marketing.

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

In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, you may exercise your right to object by automated means using technical specifications.

8. Right to Withdraw Data Protection Consent Declaration

You have the right to withdraw your data protection consent declaration at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.

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 concerning you or similarly significantly affects you. This does not apply if the decision

1. is necessary for entering into, or performance of, a contract between you and the data controller,
2. is authorized by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard your rights and freedoms and legitimate interests, or
3. is based on your explicit consent.

However, these decisions must 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 to safeguard your rights and freedoms and legitimate interests are in place.

In the cases referred to in points (1) and (3), the data controller shall implement suitable measures to safeguard your rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express your point of view and to 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 consider that the processing of personal data relating to you infringes the GDPR.

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