Privacy

Data protection Responsible for data processing is:
BMS Bernd-Michael Schröder - Sailing Wear GmbH
Am Sandtorkai 25-26 20457 Hamburg
Email: [email protected]

Thank you for your interest in our online store. The protection of your privacy is very important to us. Below we inform you in detail about the handling of your data.

1. access data and hosting
You can visit our websites without providing any personal information. Each time you call up a website, the web server only automatically saves a so-called server log file, which contains, for example, the name of the requested file, your IP address, the date and time of the call, the amount of data transferred and the requesting provider (access data) and documents the call. This access data is evaluated solely for the purpose of ensuring trouble-free operation of the site and improving our services. This serves to protect our legitimate interests in the correct presentation of our offer, which outweigh our interests in accordance with Art. 6 Para. 1 S. 1 lit. f DSGVO. All access data is deleted no later than fourteen days after the end of your visit to the site.

Hosting
The services for hosting and displaying the website are partly provided by our service providers as part of processing on our behalf. Unless otherwise explained in this privacy policy, all access data as well as all data collected in forms provided for this purpose on this website are processed on their servers. If you have any questions about our service providers and the basis of our cooperation with them, please use the contact option described in this privacy policy.

2. data processing for contract execution and for contacting us

2.1 Data processing for contract processing
For the purpose of contract processing (including inquiries about and processing of any existing warranty and performance claims as well as any statutory update obligations) in accordance with Art. 6 para. 1 p. 1 lit. b DSGVO, we collect personal data if you provide it to us voluntarily in the context of your order. Mandatory fields are marked as such, because in these cases we need the data to process the contract and without their information we can not send the order. Which data is collected can be seen from the respective input forms. Further information on the processing of your data, in particular on the transfer to our service providers for the purpose of order, payment and shipping processing, can be found in the following sections of this privacy policy. After complete processing of the contract, your data will be restricted for further processing and deleted after expiry of the retention periods under tax and commercial law in accordance with Art. 6 para. 1 p. 1 lit. c DSGVO, unless you have expressly consented to further use of your data in accordance with Art. 6 para. 1 p. 1 lit. a DSGVO or we reserve the right to use data beyond this, which is permitted by law and about which we inform you in this declaration.

2.2 Customer account
Insofar as you have given your consent to this in accordance with Art. 6 para. 1 p. 1 lit. a DSGVO by deciding to open a customer account, we will use your data for the purpose of opening a customer account as well as for storing your data for further future orders on our website. Deletion of your customer account is possible at any time and can be done either by sending a message to the contact option described in this privacy policy or by using a function provided for this purpose in the customer account. After deletion of your customer account, your data will be deleted, unless you have expressly consented to further use of your data in accordance with Art. 6 para. 1 p. 1 lit. a DSGVO or we reserve the right to use data beyond this, which is permitted by law and about which we inform you in this statement.

2.3 Contacting
In the context of customer communication, we collect personal data to process your inquiries in accordance with Art. 6 (1) p. 1 lit. b DSGVO if you voluntarily provide us with this data when contacting us (e.g. via contact form or e-mail). Mandatory fields are marked as such, since in these cases we absolutely need the data to process your contact. Which data is collected can be seen from the respective input forms. After complete processing of your request, your data will be deleted, unless you have expressly consented to further use of your data pursuant to Art. 6 (1) p. 1 lit. a DSGVO or we reserve the right to use data beyond this, which is permitted by law and about which we inform you in this statement.

3. data processing for the purpose of shipment processing.
For the purpose of fulfilling the contract in accordance with Art. 6 para. 1 p. 1 lit. b DSGVO, we pass on your data to the shipping service provider commissioned with the delivery, insofar as this is necessary for the delivery of ordered goods.

Data transfer to shipping service providers for the purpose of shipping notification
If you have given us your express consent to do so during or after your order, we will pass on your e-mail address to the selected shipping service provider on the basis of this consent in accordance with Art. 6 (1) p. 1 lit. a DSGVO, so that the shipping service provider can contact you before delivery for the purpose of delivery notification or coordination. The consent can be revoked at any time by sending a message to the contact option described in this privacy policy or directly to the shipping service provider at the contact address listed below. After revocation, we will delete your data provided for this purpose, unless you have expressly consented to further use of your data or we reserve the right to use data beyond this, which is permitted by law and about which we inform you in this declaration.

• United Parcel Service Germany S.à r.l. & Co. OHG Görlitzer Street 1 41460 Neuss Germany
• DHL Parcel GmbH Sträßchensweg 10 53113 Bonn Germany

4. data processing for payment handling When processing payments in our online store, we work with these partners: technical service providers, credit institutions, payment service providers.

4.1 Data processing for transaction processing
Depending on the selected payment method, we pass on the data necessary for processing the payment transaction to our technical service providers, who work for us within the framework of order processing, or to the commissioned credit institutions or to the selected payment service provider, insofar as this is necessary for processing the payment. This serves the fulfillment of the contract according to Art. 6 para. 1 p. 1 lit. b DSGVO. In some cases, the payment service providers collect the data required for processing the payment themselves, e.g. on their own website or via a technical integration in the ordering process. In this respect, the privacy policy of the respective payment service provider applies. If you have any questions about our payment processing partners and the basis of our cooperation with them, please use the contact option described in this privacy policy.

4.2 Data processing for the purpose of fraud prevention and optimization of our payment processes.
Where applicable, we provide our service providers with further data, which they use together with the data necessary for the processing of the payment as our processors for the purpose of fraud prevention and optimization of our payment processes (e.g. invoicing, processing of contested payments, accounting support). Pursuant to Art. 6 (1) p. 1 lit. f DSGVO, this serves to protect our legitimate interests in our protection against fraud or in efficient payment management, which outweigh these interests in the context of a balancing of interests.

5. advertising by e-mail, post

5.1 Email newsletter with registration and newsletter tracking
If you register for our newsletter, we will use the data required for this purpose or separately provided by you to regularly send you our e-mail newsletter based on your consent pursuant to Art. 6 (1) p. 1 lit. a DSGVO. Unsubscribing from the newsletter is possible at any time and can be done either by sending a message to the contact option described below or via a link provided for this purpose in the newsletter. After unsubscribing, we will delete your e-mail address from the list of recipients, unless you have expressly consented to further use of your data pursuant to Art. 6 (1) p. 1 lit. a DSGVO or we reserve the right to use data beyond this, which is permitted by law and about which we inform you in this statement. We would like to point out that we evaluate your user behavior when sending the newsletter.

For this purpose, we also analyze your interaction with our newsletter by measuring, storing and evaluating opening rates and click-through rates for the purpose of designing future newsletter campaigns ("newsletter tracking"). For this evaluation, the emails sent contain single-pixel technologies (e.g., so-called web beacons, tracking pixels) that are stored on our website. For the evaluations, we link the following "newsletter data"

• in particular the page from which the page was requested (so-called referrer URL),
  
• the date and time of the reque
• st, the description of the type of web browser used,
  
• the IP address of the requesting computer,
  
• the e-mail address,
•  the date and time of registration and confirmation
  

and the single-pixel technologies with your e-mail address or your IP address and, if applicable, an individual ID. Links contained in the newsletter may also contain this ID. If you do not wish to receive newsletter tracking, it is possible to unsubscribe from the newsletter at any time - as described previously. The information will be stored as long as you have subscribed to the newsletter.

5.2 Email newsletter without registration and your right to object
If we receive your e-mail address in connection with the sale of a product or service and you have not objected to this, we reserve the right, on the basis of Section 7 (3) of the German Unfair Competition Act (UWG), to regularly send you e-mail offers for similar products to those you have already purchased from our range. This serves to protect our legitimate interests in addressing our customers in an advertising manner, which are outweighed in the context of a balancing of interests. You can object to this use of your e-mail address at any time by sending a message to the contact option described in this data protection declaration or via a link provided for this purpose in the advertising e-mail, without incurring any costs other than the transmission costs according to the basic rates. After unsubscribing, we will delete your e-mail address from the list of recipients, unless you have expressly consented to further use of your data pursuant to Art. 6 (1) p. 1 lit. a DSGVO or we reserve the right to use data beyond this, which is permitted by law and about which we inform you in this declaration.

5.3 Newsletter dispatch
The newsletter and the newsletter tracking outlined above may also be sent by our service providers as part of processing on our behalf. If you have any questions about our service providers and the basis of our cooperation with them, please use the contact option described in this privacy statement. Our service providers are located and/or use servers in the following countries for which the European Commission has determined by decision that an adequate level of data protection exists: Canada. Our service providers are located and/or use servers in these countries: USA, India. There is no adequacy decision by the European Commission for this country/these countries. Our cooperation with them is based on these guarantees: standard data protection clauses of the European Commission.

5.4 Sending evaluation requests by e-mail
Provided that you have given us your express consent for this during or after your order in accordance with Art. 6 para. 1 p. 1 lit. a DSGVO, we will use your e-mail address for the request to submit a rating of your order via the rating system used by us. This consent can be revoked at any time by sending a message to the contact option described in this privacy policy or via a link provided for this purpose in the rating request.

5.5 Postal advertising and your right to object
In addition, we reserve the right to use your first and last name as well as your postal address for our own advertising purposes, e.g. to send you interesting offers and information about our products by mail. This serves to protect our legitimate interests in addressing our customers in an advertising manner in accordance with Art. 6 Para. 1 S. 1 lit. f DSGVO. You can object to the storage and use of your data for these purposes at any time by sending a message to the contact option described in this privacy policy. The advertising mailings are provided as part of a processing on our behalf by a service provider, to whom we pass on your data for this purpose.

6 Cookies and other technologies

General information
In order to make visiting our website attractive and to enable the use of certain functions, we use technologies including so-called cookies on various pages. Cookies are small text files that are automatically stored on your terminal device. Some of the cookies we use are deleted at the end of the browser session, i.e. after you close your browser (so-called session cookies). Other cookies remain on your end device and allow us to recognize your browser the next time you visit (persistent cookies).

Protection of privacy on end devices
When using our online offer, we use absolutely necessary technologies to provide the explicitly requested telemedia service. The storage of information in your terminal device or access to information that is already stored in your terminal device does not require consent in this respect. For functions that are not absolutely necessary, the storage of information in your terminal device or access to information that is already stored in your terminal device requires your consent. Please note that if you do not give your consent, parts of the website may not be available for unrestricted use. Any consent you may have given will remain valid until you adjust or reset the respective settings in your end device.

Possible downstream data processing by cookies and other technologies
We use such technologies that are absolutely necessary for the use of certain functions of our website (e.g. shopping cart function). Through these technologies, IP address, time of visit, device and browser information, as well as information about your use of our website (e.g. information about the contents of the shopping cart) are collected and processed. This serves, within the framework of a balancing of interests, overriding legitimate interests in an optimized presentation of our offer in accordance with Art. 6 para. 1 p. 1 lit. f DSGVO. In addition, we use technologies to fulfill the legal obligations to which we are subject (e.g. to be able to prove consent to the processing of your personal data) as well as for web analysis and online marketing. For more information on this, including the respective legal basis for data processing, please refer to the following sections of this Privacy Policy. You can find the cookie settings for your browser under the following links: Microsoft Edge™ / Safari™ / Chrome™ / Firefox™ / Opera™. Insofar as you have consented to the use of the technologies in accordance with Art. 6 para. 1 p. 1 lit. a DSGVO, you can revoke your consent at any time by sending a message to the contact option described in the privacy policy.

7. use of cookies and other technologies
Insofar as you have given your consent to this in accordance with Art. 6 para. 1 p. 1 lit. a DSGVO, we use the following cookies and other technologies from third-party providers on our website. After the end of the purpose and the end of the use of the respective technology by us, the data collected in this context will be deleted. You can revoke your consent at any time with effect for the future. Further information on your revocation options can be found in the section "Cookies and other technologies". For more information including the basis of our cooperation with the individual providers, please refer to the individual technologies. If you have any questions about the providers and the basis of our cooperation with them, please use the contact option described in this privacy policy.

Use of Google services
We use the technologies of Google Ireland Ltd, Gordon House, Barrow Street, Dublin 4, Ireland ("Google"), as described below. The information automatically collected by Google technologies about your use of our website is usually transmitted to a server of Google LLC, 1600 Amphitheatre Parkway Mountain View, CA 94043, USA and stored there. For the USA, there is no adequacy decision of the European Commission. Our cooperation with them is based on standard data protection clauses of the European Commission. If your IP address is collected via Google technologies, it is shortened by activating IP anonymization before being stored on Google's servers. Only in exceptional cases will the full IP address be transmitted to a Google server and shortened there. Unless otherwise specified for the individual technologies, the data processing is based on an agreement concluded for the respective technology between jointly responsible parties in accordance with Art. 26 DSGVO. Further information about data processing by Google can be found in Google's privacy policy.

Google Analytics
For the purpose of website analysis, Google Analytics automatically collects and stores data (IP address, time of visit, device and browser information, and information about your use of our website), from which usage profiles are created using pseudonyms. Cookies may be used for this purpose. As a matter of principle, your IP address will not be merged with other data from Google. Data processing is carried out on the basis of an order processing agreement by Google.

Google Ads
For advertising purposes in Google search results as well as on third-party websites, the so-called Google Remarketing Cookie is set when you visit our website, which automatically enables interest-based advertising by collecting and processing data (IP address, time of visit, device and browser information as well as information on your use of our website) and by means of a pseudonymous CookieID and on the basis of the pages you visit. Data processing beyond this only takes place if you have activated the "personalized advertising" setting in your Google account. In this case, if you are logged in to Google while visiting our website, Google uses your data together with Google Analytics data to create and define target group lists for cross-device remarketing. For website analysis and event tracking, we measure your subsequent usage behavior via Google Ads Conversion Tracking if you have reached our website via an advertisement from Google Ads. For this purpose, cookies may be used and data (IP address, time of visit, device and browser information, and information about your use of our website based on events specified by us, such as visiting a website or subscribing to a newsletter) may be collected, from which usage profiles are created using pseudonyms.

Google Fonts
For the uniform presentation of content on our website, data (IP address, time of visit, device and browser information) is collected by the script code "Google Fonts", transmitted to Google and subsequently processed by Google. We have no influence on this subsequent data processing.

YouTube Video Plugin
To integrate third-party content, data (IP address, time of visit, device and browser information) is collected via the YouTube video plugin in the extended data protection mode used by us, transmitted to Google and subsequently processed by Google only if you play a video.

8. integration of the Trusted Shops trustbadge/ other widgets.
Provided that you have given your consent to this in accordance with Art. 6 para. 1 p. 1 lit. a DSGVO, Trusted Shops widgets are integrated on this website to display Trusted Shops services (e.g. seal of approval, collected ratings) and to offer Trusted Shops products to buyers after an order. The Trustbadge and the services advertised with it are an offer of Trusted Shops AG, Subbelrather Str. 15C, 50823 Cologne ("Trusted Shops"), with whom we are jointly responsible for data protection according to Art. 26 DSGVO. In the following, we inform you about the essential contractual contents according to Art. 26 (2) DSGVO within the framework of this data protection notice.

Within the framework of the joint responsibility existing between us and Trusted Shops AG, please prefer to contact Trusted Shops in the event of data protection questions and to assert your rights using the contact options specified in the data protection information. Irrespective of this, however, you can always contact the responsible person of your choice. Your inquiry will then be forwarded to the further responsible party for response, if necessary.

8.1 Data processing when integrating the trust badge/other widgets
The trust badge is provided by a US-based CDN provider (content delivery network). An appropriate level of data protection is ensured by standard data protection clauses and other contractual measures. When the Trustbadge is called up, the web server automatically saves a so-called server log file, which also contains your IP address, the date and time of the call-up, the amount of data transferred and the requesting provider (access data) and documents the call-up. The IP address is anonymized immediately after collection so that the stored data cannot be assigned to your person. The anonymized data is used in particular for statistical purposes and for error analysis.

8.2 Data processing after order completion
Provided that you have given your consent, the Trustbadge accesses order information stored in your terminal equipment (order total, order number, purchased product, if applicable) and e-mail address after order completion, and your e-mail address is hashed using a cryptological one-way function. The hash value is then transmitted to Trusted Shops with the order information pursuant to Art. 6 (1) p. 1 lit. a DSGVO. This serves to check whether you are already registered for Trusted Shops services. If this is the case, further processing takes place in accordance with the contractual agreement between you and Trusted Shops. If you are not yet registered for the services or do not give your consent to automatic recognition via the trust badge, you will subsequently be given the opportunity to register manually for the use of the services or to complete the protection within the scope of your possibly already existing user agreement. For this purpose, the Trustbadge accesses the following information stored in the terminal device you use after you complete your order: Order total, order number and e-mail address. This is necessary so that we can offer you buyer protection. The data is only transmitted to Trusted Shops if you actively decide to conclude the buyer protection by clicking on the correspondingly designated button in the so-called trust card. If you decide to use the services, further processing is based on the contractual agreement with Trusted Shops in accordance with Art. 6 (1) lit. b DSGVO, in order to complete your registration for buyer protection and secure the order and, if necessary, to be able to send you rating invitations by e-mail afterwards. Trusted Shops uses service providers in the areas of hosting, monitoring and logging. The legal basis is Art. 6 Para. 1 lit. f DSGVO for the purpose of ensuring trouble-free operation. Processing may take place in third countries (USA and Israel). An adequate level of data protection is ensured in the case of the USA by standard data protection clauses and further contractual measures and in the case of Israel by an adequacy decision. Further information is available here.

9. social media

Our online presence on Facebook (by Meta), Twitter, Instagram (by Meta), Youtube, Pinterest, LinkedIn.

Insofar as you have given your consent to this in accordance with Art. 6 para. 1 p. 1 lit. a DSGVO to the respective social media operator, your data will be automatically collected and stored for market research and advertising purposes when you visit our online presences on the social media mentioned above, from which usage profiles are created using pseudonyms. These can be used, for example, to place advertisements within and outside the platforms that presumably correspond to your interests. Cookies are generally used for this purpose. For detailed information on the processing and use of data by the respective social media operator, as well as a contact option and your rights and setting options in this regard to protect your privacy, please refer to the privacy notices of the providers linked below. If you still need help in this regard, you can contact us.

Facebook (by Meta) is a service provided by Meta Platforms Ireland Ltd, 4 Grand Canal Square, Dublin 2, Ireland ("Meta Platforms Ireland"). The information automatically collected by Meta Platforms Ireland about your use of our online presence on Facebook (by Meta) is usually transferred to a server of Meta Platforms, Inc., 1 Hacker Way, Menlo Park, California 94025, USA and stored there. For the USA, there is no adequacy decision of the European Commission. Our cooperation with them is based on standard data protection clauses of the European Commission. Data processing in the context of a visit to a Facebook (by Meta) fan page is based on an agreement between jointly responsible parties pursuant to Art. 26 DSGVO. Further information (information on Insights data) can be found here.

 Twitter is a service of Twitter International Company, One Cumberland Place, Fenian Street, Dublin 2, D02 AX07, Ireland ("Twitter"). The information automatically collected by Twitter about your use of our online presence on Twitter is generally transmitted to a server of Twitter, Inc., 1355 Market Street, Suite 900, San Francisco, CA 94103, USA and stored there. There is no European Commission adequacy decision for the USA. Our cooperation with them is based on standard data protection clauses of the European Commission.

Instagram (by Meta) is an offering of Meta Platforms Ireland Ltd, 4 Grand Canal Square, Dublin 2, Ireland ("Meta Platforms Ireland") The information automatically collected by Meta Platforms Ireland about your use of our online presence on Instagram is generally transferred to a server of Meta Platforms, Inc, 1 Hacker Way, Menlo Park, California 94025, USA and stored there. For the USA, there is no adequacy decision of the European Commission. Our cooperation with them is based on standard data protection clauses of the European Commission. Data processing in the context of a visit to an Instagram (by Meta) fan page is based on an agreement between jointly responsible parties pursuant to Art. 26 DSGVO. Further information (information on Insights data) can be found here.

 YouTube is a service of Google Ireland Ltd, Gordon House, Barrow Street, Dublin 4, Ireland ("Google"). The information automatically collected by Google about your use of our online presence on YouTube is usually transmitted to a server of Google LLC, 1600 Amphitheatre Parkway Mountain View, CA 94043, USA and stored there. For the USA, there is no adequacy decision of the European Commission. Our cooperation with them is based on standard data protection clauses of the European Commission.

 Pinterest is an offer of Pinterest Europe Ltd, Palmerston House, 2nd Floor, Fenian Street, Dublin 2, Ireland ("Pinterest"). The information automatically collected by Pinterest about your use of our online presence on Pinterest is generally transmitted to a server of Pinterest, Inc., 505 Brannan St., San Francisco, CA 94107, USA and stored there. For the USA, there is no adequacy decision of the European Commission. Our cooperation with them is based on standard data protection clauses of the European Commission.

 LinkedIn is an offer of LinkedIn Ireland Unlimited Company, Wilton Place, Dublin 2, Ireland ("LinkedIn"). The information automatically collected by LinkedIn about your use of our online presence on LinkedIn is usually sent to a server of LinkedIn Corporation, 1000 W. Maude Avenue, Sunnyvale, CA 94085, USA and stored there. For the USA, there is no adequacy decision of the European Commission. Our cooperation with them is based on standard data protection clauses of the European Commission.

10. contact options and your rights

10.1 Your rights
As a data subject, you have the following rights:

1. Pursuant to Art. 15 DSGVO, the right to request information about your personal data processed by us to the extent specified therein;
2. pursuant to Art. 16 DSGVO, the right to request without undue delay the correction of inaccurate or completion of your personal data stored by us;
   
3. in accordance with Art. 17 DSGVO, the right to request the deletion of your personal data stored by us,
   

• unless further processing is necessary for the exercise of the right to freedom of expression and information;
• for the fulfillment of a legal obli
• gation; for reasons of public interest;
• or is necessary for the assertion,
• exercise or defense of legal claims;

1. in accordance with Art. 18 DSGVO, the right to request the restriction of the processing of your personal data, insofar as the accuracy of the data is disputed by you; the processing is unlawful, but you object to its erasure; we no longer need the data, but you require it for the assertion, exercise or defense of legal claims; or you have objected to the processing
   
2. in accordance with Art. 21 DSGVO; pursuant to Art. 20 DSGVO, the right to receive your personal data that you have provided to us in a structured, commonly used and machine-readable format or to request that it be transferred to another controller;
   
3. pursuant to Art. 77 DSGVO, the right to complain to a supervisory authority. As a rule, you can contact the supervisory authority of your usual place of residence or workplace or our company headquarters for this purpose.
   

Right of objection

Insofar as we process personal data as explained above in order to protect our legitimate interests, which prevail in the context of a balancing of interests, you may object to this processing with effect for the future. If the processing is carried out for direct marketing purposes, you can exercise this right at any time as described above. If the processing is carried out for other purposes, you will only have the right to object if there are grounds arising from your particular situation. After exercising your right to object, we will no longer process your personal data for these purposes unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or if the processing serves to assert, exercise or defend legal claims. This does not apply if the processing is for direct marketing purposes. Then we will not further process your personal data for this purpose.

10.2 Contact options If you have any questions regarding the collection, processing or use of your personal data, for information, correction, restriction or deletion of data, as well as revocation of consent given or objection to a particular use of data, please contact us directly using the contact details in our imprint.