Privacy Policy (Information on data processing)
I. Name and contact details of the person responsible for processing and the company data protection officer
- This privacy policy applies to data processing by the controller:
BENMYK, Elbestraße 28/29, 12045 Berlin, Telephone: 030/814500180, Email: ahoy@boats-bubbles.de
II. Collection and storage of personal data as well as type and purpose and their use
When you enter into a contract with us, we collect the following information:
Title, first name, last name, a valid email address, address, telephone number (landline and/or mobile) and information necessary for the proper execution of the contract.
This data is collected in order to be able to identify you as our contractual partner; for correspondence with you; for invoicing; for processing any liability claims that may exist and for asserting any claims against you.
The data processing is carried out at your request and is necessary according to Art. 6 Paragraph 1 Clause 1 Letter b of GDPR for the stated purposes for the appropriate execution of the contract and for the mutual fulfillment of obligations arising from the contract.
The personal data we collect will be stored for as long as necessary and until the statutory retention period expires and then deleted, unless we are obliged to store the data for a longer period in accordance with Article 6 Paragraph 1 Clause 1 Letter c of GDPR due to retention and documentation obligations under tax and commercial law (from the German Commercial Code, the German Criminal Code or the German Fiscal Code) or you have consented to further storage in accordance with Art. 6 Paragraph 1 Clause 1 Letter a of GDPR.
III. Rights as a 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 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 are processed;
(2) the categories of personal data being processed;
(3) the recipients or categories of recipients to whom the personal data concerning you have been or will be disclosed;
(4) the planned duration for which the personal data concerning you will be stored or, if specific information is not possible, the criteria for determining that period;
(5) 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;
(6) the existence of a right to lodge a complaint with a supervisory authority;
(7) all available information as to their origin, where the personal data are not collected from the data subject;
(8) the existence of automated decision-making, including profiling, referred to in 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 will be transferred to a third country or to an international organization. In this context, you can request to be informed of the appropriate guarantees in accordance with Art. 46 GDPR in connection with the transfer.
2. Right to rectification
You have the right to request rectification and/or completion from the controller if the personal data concerning you that are processed are incorrect or incomplete. The controller must carry out the rectification immediately.
3. Right to restriction of processing
You can request the restriction of the processing of personal data concerning you under the following conditions:
(1) if you contest the accuracy of the personal data concerning you 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 the use of the personal data instead;
(3) the controller no longer needs the personal data for the purposes of the processing, but you require them to assert, exercise or defend legal claims, or
(4) if you have objected to processing pursuant to Art. 21 Para. 1 GDPR and it has not yet been determined whether the legitimate reasons of the controller outweigh your reasons.
If the processing of personal data concerning you has been restricted, these data may – with the exception of storage – only be processed with your consent or for the establishment, exercise or defence of legal claims or to protect the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State.
If the restriction of processing has been restricted in accordance with the above-mentioned requirements, you will be informed by the controller before the restriction is lifted.
4. Right to erasure
a) Obligation to delete
You may request that the controller delete the personal data concerning you immediately and the controller is obliged to delete this data immediately if one of the following reasons applies:
(1) The personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed.
(2) You withdraw your consent on which the processing is based according to Art. 6 (1) (a) or Art. 9 (2) (a) GDPR, and there is no other legal basis for the processing.
(3) You object to the processing pursuant to Art. 21 Para. 1 GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Art. 21 Para. 2 GDPR.
(4) The personal data concerning you have been processed unlawfully.
(5) The erasure of personal data concerning you is necessary to fulfil a legal obligation under Union or Member State law to which the controller is subject.
(6) The personal data concerning you were collected in relation to information society services offered in accordance with Art.8 (1) GDPR.
b) Information to third parties
If the controller has made the personal data concerning you public and is obliged to erase them pursuant to Art. 17 Para. 1 GDPR, the controller shall take appropriate measures, including technical ones, taking into account the available technology and the implementation costs, to inform data controllers which process the personal data that you, as the data subject, have requested the erasure by them of all links to these personal data or of copies or replications of these personal data.
c) Exceptions
The right to erasure does not exist if processing is necessary
(1) to exercise the right to 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 pursuant to Art.9 (2)(h) and (i) and Art.9 (3) GDPR;
(4) for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes pursuant to Art.89 (1) GDPR, insofar as the right referred to in section a) is likely to render impossible or seriously compromise the achievement of the objectives of that processing, or
(5) to assert, exercise or defend legal claims.
5. Right to information
If you have asserted your right to rectification, erasure or restriction of processing vis-à-vis the responsible party, this party is obliged to inform all recipients to whom the personal data concerning you was disclosed of said rectification, erasure or restriction of processing, unless doing so should prove impossible or involve disproportionate expenditure. You have the right to be informed by the responsible party of these recipients.
6. Right to data portability
You have the right to receive the personal data concerning you that you have made available to the controller in a structured, common 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 was made available, 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 must not affect the freedoms and rights of other persons.
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 of objection
You have the right to object at any time to the processing of personal data concerning you based on Art. 6 (1) (e) or (f) GDPR, for reasons related to your particular situation; 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 legitimate grounds for the processing which outweigh your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims. If you would like to exercise your right of objection, simply send an email to: ahoy@boats-bubbles.de.
8. Right to revoke the declaration of consent under data protection law
You have the right to revoke your consent to data protection at any time. The revocation of the consent does not affect the legality of the processing carried out on the basis of the consent until the revocation.
9. Automated decision-making in individual cases, including profiling
You have the right not to be subjected 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 the conclusion or performance of a contract between you and the controller,
(2) is permitted by Union or Member State law to which the controller is subject and which contains appropriate measures to safeguard your rights and freedoms as well as your legitimate interests, or
(3) with your express consent.
However, these decisions must not be based on special categories of personal data pursuant to Art. 9 (1) GDPR, unless Art. 9 (2) lit. a or g GDPR applies and appropriate measures to protect your rights and freedoms as well as your legitimate interests have been taken.
In the cases referred to in (1) and (3), the controller shall implement suitable measures to safeguard your rights and freedoms and legitimate interests, including 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 residence, place of work or place of the alleged infringement, if you consider that the processing of personal data concerning you infringes the GDPR. The supervisory authority to which the complaint was submitted shall inform the complainant of the status and outcome of the complaint, including the possibility of a judicial remedy under Art. 78 GDPR.
Stand: May 2023