Privacy policy

This privacy policy clarifies the type, scope and purpose of the processing of personal data (hereinafter referred to as “data”) within our online service and the associated websites, functions and content as well as external online presences such as our social media profiles (hereinafter jointly referred to as “online service”). With regard to the terms used, such as “processing” or “controller”, we refer to the definitions in Art. 4 of the General Data Protection Regulation (GDPR).

Controller

Union-Yacht-Club Attersee
Aufham 35
4864 Attersee
Austria
Email: sekretariat(at)uycas.at

Members of the Executive Board
Mag. Michael Farthofer, Marc Grünewald, Dr. Thomas Langer, Günther Lux, Mag. Reinhard Mayrhofer, Ing. Martin Fussi, Mag. Florian Hofer, Dorothea Kirchmayr, DI Marcus Oppitz, Matthias Flödl, Michael Müller

Legal notice: Imprint

Types of data processed

– Inventory data (e.g. names, addresses)
– Contact details (e.g. email, telephone numbers)
– Content data (e.g. text input, photographs, videos)
– Usage data (e.g. websites visited, interest in content, access times)
– Meta/communication data (e.g. device information, IP addresses)

Categories of data subjects

Visitors and users of the online service (hereinafter referred to collectively as “users”).

Purpose of processing

– Provision of the online service, its functions and content
– Answering contact requests and communicating with users
– Safety precautions
– Reach measurement/Marketing

Terms used

“Personal data” means any information relating to an identified or identifiable natural person (hereinafter ‘data subject’); a natural person who can be identified directly or indirectly, in particular by reference to an identifier such as a name, identification number, location data, online identifier (e.g. cookie) or to one or more specific characteristics that are an expression of the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person is regarded as identifiable.
“Processing” means any operation or set of operations which is carried out with or without the aid of automated processes and which involves personal data. The term is wide-reaching and covers practically all handling of data.
“Pseudonymisation” refers to the processing of personal data in such a way that the personal data can no longer be attributed to a specific data subject without additional information, provided that such additional information is kept separately and is subject to technical and organisational measures which ensures that the personal data is not attributed to an identified or identifiable natural person.
“Profiling” means any automated processing of personal data consisting of the use of such personal data to evaluate certain personal aspects relating to a natural person, in particular aspects relating to work performance, economic situation, health, personal preferences, interests, reliability, conduct, whereabouts or to analyse or predict the movement of this natural person.
“Controller” means any natural or legal person, public authority, agency or body which alone or jointly with others determines the purposes and means of the processing of personal data.
“Processor” means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.

Applicable legal basis

Pursuant to Art. 13 GDPR, we inform you of the legal basis of our data processing. If the legal basis is not mentioned in the privacy policy, the following applies: The legal basis for obtaining consent is Art. 6 Par. 1 lit. a and Art. 7 GDPR. The legal basis for processing in order to fulfil our services and carry out contractual measures as well as answer enquiries is Art. 6 Par. 1 lit. b GDPR. The legal basis for processing in order to fulfil our legal obligations is Art. 6 Par. 1 lit. c GDPR. And the legal basis for processing in order to safeguard our legitimate interests is Art. 6 Par. 1 lit. f GDPR. In the event that vital interests of the data subject or another natural person necessitate the processing of personal data, Art. 6 Par. 1 lit. d GDPR serves as the legal basis.

Security precautions

Pursuant to Art. 32 GDPR, we take appropriate technical and organisational measures to ensure a level of protection appropriate to the risk, taking into account the state of the art, the implementation costs and the nature, extent, circumstances and purposes of the processing as well as the different probability of occurrence and severity of the risk to the rights and freedom of natural persons.
Measures shall include, in particular, ensuring the confidentiality, integrity and availability of data by controlling physical and digital access, inputting, disclosure, securing availability and separation of data. In addition, we have established procedures to ensure that data subjects’ rights are exercised, that data is deleted and that we react to data threats. Furthermore, we take the protection of personal data into account as early as the development or selection of hardware, software and processes, in accordance with the principle of data protection through technology design and through data protection-friendly default settings (Art. 25 GDPR).

Cooperation with contract processors and third parties

Insofar as we disclose data to other persons and companies (contract processors or third parties) within the context of our processing, transfer them to them or otherwise grant them access to the data, this shall only take place on the basis of legal permission (e.g. if a transfer of the data to third parties, such as payment service providers, pursuant to Art. 6 Par. 1 lit. b GDPR is necessary for the performance of the contract), if you have consented to this, 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 commission 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 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 is done in the context of the use of third-party services or the disclosure or transfer of data to third parties, this will only occur if it is done to fulfil our (pre)contractual obligations, on the basis of your consent, a legal obligation or on the basis of our legitimate interests. Subject to legal or contractual permissions, we process or allow the data to be processed in a third country only if the special requirements of Art. 44 ff. of the German Data Protection Act are met. Process GDPR. This means that processing takes place, for example, on the basis of specific guarantees such as the officially recognised establishment of a level of data protection equivalent to that of the EU (e.g. for the USA, through the “Privacy Shield”) or compliance with officially recognised specific contractual obligations (so-called standard contractual clauses).

Rights of data subjects

You have the right to request confirmation as to whether the data in question will be processed and to obtain information about this data and further information and copies of the data pursuant to Art. 15 GDPR.
Pursuant to Art. 16 GDPR, you have the right to request the completion of data concerning you or the correction of incorrect data concerning you.
Pursuant to Art. 17 GDPR, you have the right to demand that the relevant data be deleted immediately or, alternatively, to demand a restriction on the processing of the data pursuant to Art. 18 GDPR.
You have the right to receive the data concerning you which you have provided to us pursuant to Art. 20 GDPR and to demand that it be passed on to other persons responsible.
Pursuant to Art. 77 GDPR, they also have the right to file a complaint with the competent supervisory authority.

Right of withdrawal

They have the right to revoke consents granted pursuant to Art. 7 Par. 3 GDPR with effect for the future.

Right of objection

You may object at any time to the future processing of the data concerning you pursuant to Art. 21 GDPR. The objection may in particular be lodged against processing for the purposes of direct marketing.

Cookies and right to object to direct advertising

“Cookies” are small files that are stored on the user’s computer. Different data 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 the user’s visit to an online service. Temporary cookies or “session cookies” or “transient cookies” are cookies that are deleted after a user leaves an online service and closes their browser. The content of a shopping cart in an online shop or a login status, for example, can be stored in such a cookie. 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 if users visit a page again after several days. The interests of the users who are used for range measurements or marketing purposes can also be stored in such a cookie. “Third-party cookies” are cookies offered by providers other than the person responsible for operating the online service (otherwise, if they are only their cookies, they are referred to as “first-party cookies”).
We may use temporary and permanent cookies and explain this in our privacy policy.
If users do not wish 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 service.
A general objection to the use of cookies used for online marketing purposes can be raised for a large number of services, especially in the case of tracking, via the US-American site http://www.aboutads.info/choices/ or the EU page http://www.youronlinechoices.com/. Furthermore, the non-storing of cookies can be achieved by switching them off in the browser settings. Please note that in this case, not all functions of this online service can be used.

Deletion of data

The data processed by us will be deleted or their processing restricted pursuant to Art. 17 and 18 GDPR. Unless expressly stated in this privacy policy, the data stored by us will be deleted as soon as they are no longer required for their intended purpose and there are no legal obligations to retain them. If the data is not deleted because they are required for other and legally permissible purposes, its processing will be restricted, i.e. the data will be blocked and not processed for other purposes. This applies, for example, to data that must be stored for reasons of commercial or tax law.
According to legal requirements in Germany, the storage takes place especially for 10 years according to §§ 147 Par. 1 AO, 257 Par. 1 No. 1 und 4, Par. 4 HGB (books, records, management reports, accounting documents, commercial books, documents relevant for taxation etc.) and 6 years according to § 257 Par. 1 No. 2 und 3, Par. 4 HGB (commercial letters).
In accordance with the legal requirements in Austria, the storage takes place in particular for 7 years pursuant to § 132 (1) BAO (accounting documents, receipts/invoices, accounts, receipts, business papers, list 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.

Agency services

We process the data of our clients within the context of our contractual services, which include conceptual and strategic consulting, campaign planning, software and design development / consulting or maintenance, implementation of campaigns and processes / handling, server administration, data analysis / consulting services and training services.
We process inventory data (e.g. client master data, such as names or addresses), contact data (e.g. email, telephone numbers), content data (e.g. text entries, photographs, videos), contract data (e.g. subject of contract, term), payment data (e.g. bank details, payment history), usage and metadata (e.g. within the context of evaluating and measuring the success of marketing measures). In principle, we do not process special categories of personal data unless these are components of a commissioned processing. Affected parties include our clients, interested parties and their clients, users, website visitors or employees as well as third parties. The purpose of the processing is the provision of contractual services, billing and our customer service. The legal basis for the processing results from Art. 6 Par. 1 lit. b GDPR (contractual services), Art. 6 Par. 1 lit. f GDPR (analysis, statistics, optimisation, security measures). We process data which is necessary for the justification and fulfilment of the contractual services and point out the necessity of its specification. Disclosure to external parties only takes place if it is required within the context of an order. When processing the data provided to us within the context of an order, we shall act in accordance with the instructions of the client and the statutory requirements for order processing pursuant to Art. 28 GDPR and shall not process the data for purposes other than those specified in the order.
We delete the data after expiry of statutory warranty periods and comparable obligations. The necessity of storing the data is reviewed every three years; in the case of statutory archiving obligations, deletion takes place after its expiration (6 years pursuant to § 257 Par. 1 HGB, 10 years pursuant to § 147 Par. 1 AO). In the case of data which has been disclosed to us by the client within the context of an order, we delete the data in accordance with the specifications of the order.

Contained within our website is a tracking code provided by Lead Forensics. This code enables Lead Forensics to track activity on the website and provide us with information on the IP address of the requesting computer, the date and duration of the user’s visit, and the web pages which the user visits.

The Lead Forensics tool uses IP tracking for identifying businesses and is not the same as cookies. The Lead Forensics tracking code only provides information that is readily available in the public domain. It does not, and cannot, provide individual, personal or sensitive data regarding who has visited our website. It provides information on what companies have visited our website by identifying them from their IP address. This data may be used by us to contact the business about their experience or for marketing purposes. We will not pass this data to third parties for any reason. More information can be found at www.leadforensics.com. If you would like to opt-out of this tracking, please do so using the link provided: https://optout.leadforensics.com/?clientID=181779.

 

Online presences in social media

We maintain online presences within social networks and platforms in order to be able to communicate with clients, interested parties and users active there and to inform them about our services.
Please note that user data may be processed outside the European Union. This may create risks for users, for example by making it more difficult to enforce users’ rights. With respect to US vendors certified under the Privacy Shield, please note that they are committed to complying with EU privacy standards.
Furthermore, user data is usually processed for market research and advertising purposes. For example, user profiles can be created on the basis of user behaviour and the resulting interests of users. The usage profiles can in turn be used, for example, to place advertisements inside and outside the platforms that are presumed to correspond to the interests of the users. For these purposes, cookies are usually stored on the user’s computer, in which the user’s usage behaviour and interests are stored. Furthermore, data can be stored in the user profiles independently of the devices used by the user (especially if the users are members of the respective platforms and are logged in to them).
The processing of users’ personal data is carried out on the basis of our legitimate interests in effective information for users and communication with users pursuant to Art. 6 Par. 1 lit. f. GDPR. If the users are asked by the respective providers to consent to data processing (i.e. declare their consent e.g. by ticking a checkbox or confirming a button), the legal basis for processing is Art. 6 Par. 1 lit. a., Art. 7 GDPR.
For a detailed representation of the respective processing and the possibilities of objection (opt-out), we refer to the following linked information of the providers.
Also in the case of requests for information and the assertion of user rights, we point out that these can be asserted most effectively with the providers. Only the providers have access to the data of the users and can directly take appropriate measures and provide information. If you still need help, please do not hesitate to contact us.
– Facebook (Facebook Ireland Ltd, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland) – Privacy policy: https://www.facebook.com/about/privacy/, Opt-out: https://www.facebook.com/settings?tab=ads and http://www.youronlinechoices.com, Privacy Shield: https://www.privacyshield.gov/participant?id=a2zt000000000GnywAAC&status=Active.
– Google/YouTube (Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA) – Privacy policy https://policies.google.com/privacy, Opt-out: https://adssettings.google.com/authenticated, Privacy Shield: https://www.privacyshield.gov/participant?id=a2zt00000000001L5AAI&status=Active.
– Instagram (Instagram Inc. 1601 Willow Road, Menlo Park, CA, 94025, USA) – Privacy policy/Opt-out: http://instagram.com/about/legal/privacy/.
– LinkedIn (LinkedIn Ireland Unlimited Company Wilton Place, Dublin 2, Ireland) – Privacy policy https://www.linkedin.com/legal/privacy-policy, Opt-out: https://www.linkedin.com/psettings/guest-controls/retargeting-opt-out, Privacy Shield: https://www.privacyshield.gov/participant?id=a2zt000000000L0UZAA0&status=Active.
– Xing (XING AG, Dammtorstraße 29-32, 20354 Hamburg, Germany) – Privacy policy/Opt-out: https://privacy.xing.com/de/datenschutzerklaerung.

Integration of third-party services and content

Within the context of our online service on the basis of our legitimate interests (i.e. interest in the analysis, optimisation and economic operation of our online service with regard to Art. 6 Par. 1 lit. f. GDPR), we use content or service offers from third parties in order to integrate their content and services, such as videos or fonts (hereinafter uniformly referred to as “content”).
This always presupposes that the third-party providers of this content perceive the IP address of the users, since they could not send the content to their browsers without the IP address. The IP address is therefore required for the presentation of this content. We strive to only use content whose respective offerers use the IP address only for the distribution of the content. Third parties 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 contain technical information about the browser and operating system, referring websites, visit times and other information about the use of our online services, and may also be linked to such information from other sources.

Youtube

We integrate the videos of the platform “YouTube” of the provider Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Privacy policy: https://www.google.com/policies/privacy/, Opt-out: https://adssettings.google.com/authenticated.

Using Facebook Social Plugins

On the basis of our legitimate interests (i.e. interest in the analysis, optimisation and economic operation of our online service as defined in Art. 6 Par. 1 lit. f. GDPR), we  use Social Plugins (“Plugins”) of the social network facebook.com, which is operated by Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland (“Facebook”).
This may include, for example, content such as images, videos or text and buttons with which users can share content from this online service within Facebook. The list and appearance of the Facebook Social Plugins can be viewed here: https://developers.facebook.com/docs/plugins/.
Facebook is certified under the Privacy Shield Agreement and thus offers a guarantee of compliance with European data protection law (https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active).
When a user calls a function of this online service that contains such a plugin, their device establishes a direct connection with the Facebook servers. The content of the plugin is transferred directly from Facebook to the user’s device and integrated into the online service by the user. User profiles can be created from the processed data. We therefore have no influence on the extent of the data that Facebook collects with the help of this plugin and thus inform the user according to our state of knowledge.
By integrating the plugins, Facebook receives the information that a user has visited the corresponding page of the online service. If the user is logged in to Facebook, Facebook can assign the visit to their Facebook account. When users interact with the plugins, e.g. by clicking the Like button or commenting, the corresponding information is transferred directly from your device to Facebook and stored there. If a user is not a member of Facebook, it is still possible for Facebook to know and store their IP address. According to Facebook, only an anonymous IP address is stored in Germany.
The purpose and scope of the data collection and the further processing and use of the data by Facebook, as well as the related rights and setting options to protect the privacy of users, can be found in Facebook’s privacy policy: https://www.facebook.com/about/privacy/.
If a user is a Facebook member and does not want Facebook to collect data about them via this online service and link it with their member data stored on Facebook, they must log out of Facebook and delete their cookies before using our online service. Further settings and objections to the use of data for advertising purposes are possible within the Facebook profile settings: https://www.facebook.com/settings?tab=ads or via the US-American side http://www.aboutads.info/choices/ or the EU page http://www.youronlinechoices.com/. The settings are platform-independent, i.e. they are adopted for all devices, such as desktop computers or mobile devices.