The GUN SAILS
von Osterhausen GmbH
D-66131 Saarbrücken, Germany
Phone: +49 (0)6893-80110
Fax: +49 (0)6893-70628
Contact Privacy Officer: firstname.lastname@example.org
Registered at the district court Saarbrücken, HRB 8734
Managing Director: Petra von Osterhausen
VAT ID no.: DE 138160599
Types of data processed:
Inventory data (e.g., names, addresses).
Contact details (e.g., e-mail, telephone numbers).
Content data (e.g., text input, photographs, videos).
User data (e.g., visited websites, interest in content, access times).
Meta/communication data (e.g., device information, IP addresses).
Categories of persons concerned
Visitors and users of the online offer (hereinafter referred to as "users").
Purpose of processing:
Provision of the online offer, its functions and contents.
Answer contact requests and communicate with users.
"Personal data" means any information relating to an identified or identifiable natural person (hereinafter referred to as "data subject"); an identifiable natural person is one who can be identified, directly or indirectly, in particular by assignment to an identifier such as a name, an identification number, location data, to an online identifier (e.g. cookie) or to one or more special features that express the physical, physiological, genetic, psychological, economic, cultural or social identity of that natural person.
"processing" means any operation carried out with or without the aid of automated procedures or any such series of operations in relation to personal data. The term covers a wide range and covers practically every handling of data.
"Responsible Party" means the natural or legal person, authority, institution or other entity that alone or together with others decides on the purposes and means of processing personal data.
Applicable legal bases
Cooperation with contract processors and third parties
If we expose data to other persons and companies (contract processors or third parties) within the scope of our processing, transmit it to them or otherwise grant them access to the data, this shall only take place on the basis of a legal permission (e.g. if a transmission of the data to third parties, such as payment service providers, in accordance with Art. 6 Para. 1 lit. b GDPR for contract fulfilment is necessary), if you have consented, if a legal obligation provides for this or on the basis of our legitimate interests (e.g. when using agents, web hosts, etc.).
If we contract third parties with the processing of data on the basis of a so-called "order processing contract", this is done on the basis of Art. 28 of the GDPR.
Transfers to third countries
If we process data in a third country (i.e. outside the European Union (EU) or the European Economic Area (EEA)) or if this occurs in the context of the use of third-party services or disclosure or transfer of data to third parties, this only takes place if it occurs for the fulfilment of our (pre)contractual obligations, on the basis of your consent, on the basis of a legal obligation or on the basis of our legitimate interests. Subject to legal or contractual permissions, we process or leave the data in a third country only if the special requirements of Art. 44 ff. Process GDPR. This means, for example, processing is carried out on the basis of special guarantees, such as the officially recognised determination of a data protection level corresponding to the EU (e.g. for the USA by the "Privacy Shield") or compliance with officially recognised special contractual obligations (so-called "standard contractual clauses").
Rights of the persons concerned
You have the right to request confirmation as to whether the data concerned are being processed and to request information about these data as well as further information and a copy of the data in accordance with Art. 15 GDPR.
In accordance with Article 16 of the GDPR, you have the right to request the completion of data concerning you or the correction of inaccurate data concerning you.
In accordance with Art. 17 GDPR, you have the right to demand that relevant data are deleted immediately or, alternatively, to demand a restriction on the processing of the data in accordance with Art. 18 GDPR.
You have the right to request to receive the data concerning you that you have provided to us in accordance with Art. 20 GDPR and to request its transmission to other persons responsible.
In accordance with Art. 77 GDPR, you also have the right to file a complaint with the responsible regulatory authority.
Right of revocation
You have the right to revoke permissions granted in accordance with Art. 7 para. 3 GDPR with effect for the future.
Right of objection
You can object to the future processing of the data concerning you in accordance with Art. 21 GDPR at any time. The objection may be made in particular against processing for direct marketing purposes.
Cookies and right of objection in direct marketing
"Cookies" are small files that are stored on the user's computer. Different information can be stored within the cookies. A cookie is primarily used to store information about a user (or the device on which the cookie is stored) during or after his or her visit to an online offer. Temporary cookies, or "session cookies" or "transient cookies", are cookies that are deleted after a user leaves an online offer and closes his browser. In such a cookie, for example, the content of a shopping basket can be stored in an online shop or a login jam. Cookies are referred to as "permanent" or "persistent" and remain stored even after the browser is closed. For example, the login status can be saved when users visit it after several days. Likewise, the interests of users used for range measurement or marketing purposes may be stored in such a cookie. "Third-party cookies" are cookies that are offered by providers other than the party responsible for operating the online offer (otherwise, if they are only its cookies, they are referred to as "first-party cookies").
We may use temporary and permanent cookies and clarify this within the context of our data protection declaration.
If users do not want cookies to be stored on their computer, they are asked to deactivate the corresponding option in the system settings of their browser. Stored cookies can be deleted in the system settings of the browser. The exclusion of cookies can lead to functional restrictions of this online offer.
Deletion of data
In accordance with statutory requirements in Germany, the records are kept in particular for 6 years in accordance with § 257 (1) HGB (trading books, inventories, opening balance sheets, annual financial statements, commercial letters, accounting documents, etc.) and for 10 years in accordance with § 147 (1) AO (books, records, management reports, accounting documents, commercial and business letters, documents relevant for taxation, etc.).
In accordance with legal requirements in Austria, storage is carried out in particular for 7 years in accordance with § 132 (1) BAO (accounting documents, receipts/invoices, accounts, receipts, business papers, statement of income and expenses, etc.), for 22 years in connection with real estate and for 10 years for documents in connection with electronically provided services, telecommunications, radio and television services which are provided to non-entrepreneurs in EU member states and for which the Mini-One-Stop-Shop (MOSS) is used.
Additionally we process
Contract data (for example, contract object, duration, customer category).
Payment data (e.g., bank details, payment history)
from our customers, prospects and business partners for the purpose of providing contractual services, service and customer care, marketing, advertising and market research.
The hosting services we use serve to provide the following services: Infrastructure and platform services, computing capacity, storage space and database services, security services and technical maintenance services that we use for the purpose of operating this online offer.
We or our hosting provider process inventory data, contact data, content data, contract data, usage data, meta- and communication data of customers, prospects and visitors of this online offer on the basis of our legitimate interests in an efficient and secure provision of this online offer in accordance with Art. 6 Para. 1 lit. f GDPR in conjunction with. Art. 28 GDPR
Collection of access data and log files
We, or our hosting provider, collect the following data on the basis of our legitimate interests within the meaning of Art. 6 para. 1 lit. f. GDPR data on each access to the server on which this service is located (so-called server log files). Access data includes the name of the accessed website, file, date and time of access, transferred data volume, notification of successful access, browser type and version, the user's operating system, referrer URL (the previously visited page), IP address and the requesting provider.
Log file information is stored for a maximum of 7 days for security reasons (e.g. to investigate misuse or fraud) and then deleted. Data whose further storage is required for evidentiary purposes are excluded from deletion until the respective incident has been finally clarified.
We process inventory data (e.g., names and addresses as well as contact data of users), contract data (e.g., services used, names of contact persons, payment information) for the purpose of fulfilling our contractual obligations and services pursuant to Art. 6 para. 1 lit b. GDPR. The entries marked as obligatory in online forms are required for the conclusion of the contract.
When using our online services, we store the IP address and the time of the respective user action. The data is stored on the basis of our legitimate interests as well as the user's protection against misuse and other unauthorized use. A transfer of this data to third parties does not take place, unless it is necessary to pursue our claims or there is a legal obligation according to Art. 6 para. 1 lit. c GDPR.
We process usage data (e.g., the visited websites of our online offer, interest in our products) and content data (e.g., entries in the contact form or user profile) for advertising purposes in a user profile in order to show the user e.g. product information based on their previously used services.
The data will be deleted after the expiry of statutory warranty and comparable obligations; the necessity of storing the data will be reviewed every three years; in the case of statutory archiving obligations, the data will be deleted after their expiry. Information in the eventual customer account remains until its deletion.
Users can also choose to create a user account. During the registration process, users will be provided with the required information. The data entered during registration will be used for the purpose of using the offer. Users can be informed by e-mail about information relevant to offers or registration, such as changes to the scope of offers or technical circumstances. If users have terminated their user account, their data will be deleted with regard to the user account, subject to its storage is necessary for commercial or tax reasons according to Art. 6 Para. 1 lit. c GDPR. It is up to the users to save their data before the end of the contract if they have given notice of termination. We are entitled to irretrievably delete all user data stored during the term of the contract.
As part of the use of our registration and login functions as well as the use of the user account, we store the IP address and the time of the respective user action. The data is stored on the basis of our legitimate interests as well as the user's protection against misuse and other unauthorized use. A passing on of this data to third parties does not take place in principle, unless it is necessary for the pursuit of our claims or there is a legal obligation according to Art. 6 Abs. 1 lit. c GDPR. The IP addresses are anonymized or deleted after 7 days at the latest.
When contacting us (e.g. via contact form, e-mail, telephone or social media), the user's details are used to process the contact enquiry and its processing in accordance with Art. 6 para. 1 lit. b) GDPR. User information can be stored in a customer relationship management system ("CRM system") or comparable request processing system.
We delete the requests if they are no longer necessary. We review this requirement every two years; the statutory archiving obligations also apply.
With the following information we inform you about the contents of our newsletter as well as the registration, mailing and statistical evaluation procedure and your rights of objection. By subscribing to our newsletter you agree to the receipt and the described procedures.
Content of the newsletter: We send newsletters, e-mails and other electronic notifications containing advertising information (hereinafter "newsletters") only with the consent of the recipients or a legal permission. If the contents of a newsletter are specifically described within the context of registration, they are decisive for the consent of the user. In addition, our newsletters contain information about our services and us.
Double opt-in and logging: Subscription to our newsletter takes place in a so-called double opt-in procedure. This means that after registration you will receive an e-mail asking you to confirm your registration. This confirmation is necessary so that no one can log in with someone else's e-mail addresses. Subscriptions to the newsletter are logged in order to be able to prove the registration process in accordance with legal requirements. This includes the storage of the login and confirmation time, as well as the IP address. The changes to your data stored with the mail service provider are also logged.
Registration data: To subscribe to the newsletter, simply enter your e-mail address. Optionally, we ask you to enter a name in the newsletter in order to address us personally.
Germany: The dispatch of the newsletter and the performance measurement associated with it is based on the recipient's consent pursuant to Art. 6 para. 1 lit. a, Art. 7 GDPR in conjunction with § 7 para. 2 no. 3 UWG or on the basis of the legal permission pursuant to § 7 para. 3 UWG.
The registration procedure is recorded on the basis of our legitimate interests pursuant to Art. 6 para. 1 lit. f GDPR. We are interested in the use of a user-friendly and secure newsletter system that serves both our business interests and the expectations of users and also allows us to provide proof of consent.
Cancellation/Revocation - You can cancel the receipt of our newsletter at any time, i.e. revoke your consent. You will find a link to cancel the newsletter at the end of each newsletter. We may store the e-mail addresses we have unsubscribed for up to three years on the basis of our legitimate interests before we delete them for the purpose of sending the newsletter in order to be able to prove a previously given consent. The processing of these data is limited to the purpose of a possible defence against claims. An individual application for cancellation is possible at any time, provided that at the same time the former existence of a consent is confirmed.
Newsletter - Mailing service provider
The newsletter is sent by the mailing service CleverReach GmbH & Co. KG, Mühlenstrasse 43, 26180 Rastede, Germany. The data protection provisions of the shipping service provider can be viewed here: https://www.cleverreach.com/de/datenschutz/ The shipping service provider is used on the basis of our legitimate interests pursuant to Art. 6 para. 1 lit. f GDPR and an order processing contract pursuant to Art. 28 para. 3 p. 1 GDPR.
The shipping service provider can use the recipient's data in pseudonymous form, i.e. without assignment to a user, to optimize or improve its own services, e.g. to technically optimize the sending and presentation of the newsletter or for statistical purposes. However, the mailing service does not use the data of our newsletter recipients to write them down itself or to pass the data on to third parties.
Newsletter - Performance Measurement
The newsletters contain a so-called "web-beacon", i.e. a pixel-sized file which is downloaded from our server when the newsletter is opened or, if we use a mailing service provider, from whose server. Within the scope of this access, technical information, such as information about the browser and your system, as well as your IP address and time of access are initially collected.
This information is used to technically improve the services based on the technical data or the target groups and their reading behaviour based on their access locations (which can be determined using the IP address) or access times. The statistical surveys also include determining whether the newsletters are opened, when they are opened and which links are clicked. For technical reasons, this information can be assigned to the individual newsletter recipients. However, it is neither our endeavour, nor, if used, that of the mailing service provider, to observe individual users. The evaluations serve us much more to recognize the reading habits of our users and to adapt our contents to them or to send different contents according to the interests of our users.
Google is certified under the Privacy Shield Agreement and thus offers a guarantee to comply with European data protection law (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).
Google will use this information on our behalf to evaluate the use of our online offer by users, to compile reports on the activities within this online offer and to provide us with further services associated with the use of this online offer and the use of the Internet. Pseudonymous user profiles can be created from the processed data.
We use Google Analytics only with IP anonymization enabled. This means that Google will reduce the IP address of users within Member States of the European Union or in other states party to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there.
The IP address transmitted by the user's browser is not merged with other Google data. Users can prevent the storage of cookies by setting their browser software accordingly; users can also prevent Google from collecting the data generated by the cookie and relating to their use of the online offer and the processing of this data by Google by downloading and installing the browser plug-in available under the following link: http://tools.google.com/dlpage/gaoptout?hl=en.
Further information on data use by Google, possible settings and objections can be found in Google's data protection declaration (https://policies.google.com/technologies/ads) and in the settings for the display of advertisements by Google (https://adssettings.google.com/authenticated).
Users' personal data will be deleted or made anonymous after 14 months.
Online presence in social media
We maintain online presences within social networks and platforms in order to communicate with active customers, interested parties and users and to inform them about our services. When accessing the respective networks and platforms, the terms and conditions and the data processing guidelines of their respective operators apply.
Integration of third-party services and content
Within our online offer, we make no representations or warranties of any kind based on our legitimate interests (i.e. interest in the analysis, optimisation and economic operation of our online offer within the meaning of Art. 6 para. 1 lit. f. GDPR) content or service offerings of third parties to incorporate their content and services, such as videos or fonts (hereinafter referred to consistently as "content").
This always presupposes that the third party providers of this content perceive the IP address of the users, since without the IP address they could not send the content to their browser. The IP address is therefore required for the display of this content. We make every effort to use only those contents whose respective providers use the IP address only for the delivery of the contents. Third-party providers may also use so-called pixel tags (invisible graphics, also known as "web beacons") for statistical or marketing purposes. “Pixel tags" can be used to evaluate information such as visitor traffic on the pages of this website. The pseudonymous information may also be stored in cookies on the user's device and may include technical information about the browser and operating system, referring websites, visiting time and other information about the use of our online offer, as well as be linked to such information from other sources.
Facebook-Pixel, Custom Audiences und Facebook-Conversion
Within our online offer, the so-called "Facebook pixel" of the social network Facebook, which is operated by Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland ("Facebook"), is used.
With the help of the Facebook pixel, Facebook is on the one hand able to determine the visitors of our online offer as a target group for the presentation of ads (so-called "Facebook ads"). Accordingly, we use Facebook pixel to display Facebook ads placed by us only to those Facebook users who have shown an interest in our online offering or who have certain features (e.g., interests in certain topics or products that are determined on the basis of the websites visited) that we transmit to Facebook (so-called "custom audiences"). Using Facebook pixel, we also want to ensure that our Facebook ads match the potential interest of users and are not annoying. Using Facebook pixels, we can also track the effectiveness of Facebook ads for statistical and market research purposes by seeing if users were referred to our website after clicking on a Facebook ad (known as "conversion").
Facebook processes the data in accordance with the Facebook Data Usage Policy. Accordingly, general information on the presentation of Facebook ads in the Facebook Data Usage Policy: https://www.facebook.com/policy. Specific information and details about Facebook pixels and how they work can be found in the Facebook help section: https://www.facebook.com/business/help/651294705016616.
As far as we ask the users for their consent (e.g. in the context of a cookie consent), the legal basis of this processing is Art. 6 Para. 1 lit. a. of the German Data Protection Act, DSGVO. Otherwise, the personal data of the user will be processed on the basis of our legitimate interests (i.e. interest in the analysis, optimisation and economic operation of our online service within the meaning of Art. 6 Para. 1 lit. f. of the German Data Protection Act, DSGVO).
Facebook is certified under the Privacy Shield Agreement and thereby assures that it complies with European data protection law (https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active)
You can opt out of Facebook pixel tracking and use of your information to display Facebook ads. To set what types of ads you see within Facebook, you can go to the page set up by Facebook and follow the instructions on the settings for usage-based ads: https://www.facebook.com/settings?tab=ads. The settings are platform-independent, i.e. they are applied to all devices, such as desktop computers or mobile devices.
In order to ensure that our data protection declaration always complies with current legal requirements, we reserve the right to make changes at any time. This also applies in the event that the data protection declaration has to be adapted due to new or revised offers or services.
As of June 2019