Privacy Policy

We are delighted by your interest in our company. Data protection is of paramount importance to the management of The Ocean Collective GmbH. Use of The Ocean Collective GmbH's website is generally possible without providing any personal data. However, if a data subject wishes to use special services offered by our company via our website, processing of personal data may become necessary. If the processing of personal data is necessary and there is no legal basis for such processing, we generally obtain the data subject's consent.

The processing of personal data, such as the name, address, email address, or telephone number of a data subject, is always carried out in accordance with the General Data Protection Regulation (GDPR) and in compliance with the country-specific data protection regulations applicable to The Ocean Collective GmbH. This privacy policy aims to inform the public about the nature, scope, and purpose of the personal data we collect, use, and process. Furthermore, this privacy policy informs data subjects about their rights.

The Ocean Collective GmbH, as the data controller, has implemented numerous technical and organizational measures to ensure the most complete protection possible for personal data processed via this website. However, internet-based data transmissions can fundamentally have security vulnerabilities, meaning absolute protection cannot be guaranteed. For this reason, every data subject is free to transmit personal data to us via alternative means, such as by telephone.

Definitions 

The Ocean Collective GmbH's privacy policy is based on the terms used by the European legislator when enacting the General Data Protection Regulation (GDPR). Our privacy policy is intended to be easily readable and understandable for both the general public and our customers and business partners. To ensure this, we would like to explain the terminology used beforehand.

In this privacy policy, we use, among other things, the following terms:

• a) personal data

  Personal data is 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 reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

• b) affected person

  A data subject is any identified or identifiable natural person whose personal data is processed by the controller.

• c) Processing

  Processing means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

• d) Restriction of processing

  Restriction of processing is the marking of stored personal data with the aim of limiting its future processing.

• e) Profiling

  Profiling is any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects concerning that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location or movements.

• f) Pseudonymization

  Pseudonymization is the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organizational measures to ensure that the personal data is not attributed to an identified or identifiable natural person.

• g) Controller or data controller

  The controller is the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data. Where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its designation may be provided for by Union or Member State law.

• h) Data processors

  A data processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.

• i) Recipient

  A recipient is a natural or legal person, public authority, agency or other body to whom personal data are disclosed, whether a third party or not. However, public authorities that may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law are not considered recipients.

• j) Third

  A third party is a natural or legal person, public authority, agency or body other than the data subject, the controller, the processor and persons who, under the direct authority of the controller or processor, are authorized to process personal data.

• k) Consent

  Consent means any freely given, specific, informed and unambiguous indication of the data subject's wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.

2. Name and address of the data controller

The controller within the meaning of the General Data Protection Regulation, other data protection laws applicable in the Member States of the European Union and other provisions of a data protection nature is:

The Ocean Collective GmbH

Paulinenallee 49

22769 Hamburg

Germany

Tel.: +4915120409843

Email: mail@theoceancollective.co

Website: www.theoceancollective.co

Objection to advertising emails 

The use of contact details published as part of the legal notice for sending unsolicited advertising and informational materials is hereby prohibited. The operators of these pages expressly reserve the right to take legal action in the event of unsolicited advertising, such as spam emails.

SSL or TLS encryption on the website

This website uses SSL/TLS encryption for security reasons and to protect the transmission of confidential information, such as booking requests or payment details. You can recognize an encrypted connection by the fact that the browser's address bar changes from "http://" to "https://" and by the padlock icon in your browser's address bar. When SSL/TLS encryption is activated, the data you transmit to us cannot be read by third parties.

Hosting by Raidboxes 

We host our website with Raidboxes GmbH, Hafenstraße 32, 48153 Münster (hereinafter: Raidboxes). When you visit our website, Raidboxes automatically collects log files that include, among other things, your IP address. The use of Raidboxes is based on Article 6 Paragraph 1 Letter f GDPR. We have concluded a data processing agreement (DPA) with Raidboxes.

Cookies and Consent Management

The websites of The Ocean Collective GmbH use cookies.

Managing consents with Real Cookie Banner: We use the "Real Cookie Banner" consent tool to manage the cookies and similar technologies (tracking pixels, web beacons, etc.) we employ and the associated consents. Details on how "Real Cookie Banner" works can be found at https://devowl.io/de/rcb/datenverarbeitung/.

The legal basis for processing personal data in this context is Article 6(1)(c) GDPR and Article 6(1)(f) GDPR. Our legitimate interest lies in managing the cookies and similar technologies used and the related consents.

Providing your personal data is neither contractually required nor necessary for entering into a contract. You are not obligated to provide your personal data. However, if you do not provide your personal data, we will be unable to manage your consent.

Collection of general data and information (server log files) 

The Ocean Collective GmbH website collects a range of general data and information each time a data subject or an automated system accesses the website. This general data and information is stored in the server's log files. The following may be collected: (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reached our website (known as the referrer), (4) the sub-pages accessed on our website by an accessing system, (5) the date and time of access to the website, (6) an internet protocol address (IP address), (7) the internet service provider of the accessing system, and (8) other similar data and information that serves to prevent attacks on our IT systems. The Ocean Collective GmbH does not draw any conclusions about the data subject when using this general data and information. This information is required to (1) deliver the content of our website correctly, (2) optimize the content of our website and its advertising, (3) ensure the long-term functionality of our IT systems and the technology of our website, and (4) provide law enforcement agencies with the information necessary for prosecution in the event of a cyberattack. The Ocean Collective GmbH therefore uses this anonymously collected data and information for statistical analysis and to improve data protection and data security within our company, ultimately ensuring an optimal level of protection for the personal data we process. The anonymous data in the server log files is stored separately from all personal data provided by a data subject. 

Processing of customer and contract data (WooCommerce Bookings) 

We collect, process, and use personal data only to the extent necessary for establishing, defining the content of, or amending the contractual relationship. This includes, in particular, data for booking sailing trips (name, address, contact details, booking period, payment information). This processing is based on Article 6(1)(b) of the GDPR.

 Payment provider (Stripe)

 On our website, we offer payment by credit card via the service provider Stripe. The provider is Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland. Your data is transferred to Stripe on the basis of Art. 6 para. 1 lit. a GDPR (consent) and Art. 6 para. 1 lit. b GDPR (performance of a contract). 

Payment processing (invoice/bank transfer)

If we offer payment by invoice/bank transfer, the bank details you provide will be used exclusively for processing the payment. This processing is based on Article 6 Paragraph 1 Letter b GDPR (performance of a contract).

Registration on our website (Registration section as in your template)

Subscribe to our newsletter (MailPoet)

 We use the MailPoet service (WPSOEASY LTD, UK) to send our newsletters. The personal data collected during newsletter registration is used exclusively for sending our newsletter. Storage and sending are based on your consent in accordance with Article 6(1)(a) GDPR.

Newsletter tracking 

The newsletters of The Ocean Collective GmbH contain tracking pixels. A tracking pixel is a miniature graphic embedded in HTML emails to enable log file recording and analysis. This allows for statistical evaluation of the success or failure of online marketing campaigns. Using the embedded tracking pixel, The Ocean Collective GmbH can determine if and when an email was opened by a recipient and which links within the email were clicked. The personal data collected via these tracking pixels in the newsletters is stored and analyzed by the data controller to optimize newsletter distribution and better tailor the content of future newsletters to the recipient's interests. This personal data is not shared with third parties. Recipients have the right to revoke their separate consent, given via the double opt-in process, at any time. Upon revocation, this personal data will be deleted by the data controller. The Ocean Collective GmbH automatically interprets unsubscribing from the newsletter as a revocation.

Contact option via the website (reCAPTCHA)

The Ocean Collective GmbH website contains information that enables quick electronic contact. If a data subject contacts the company by email or via a contact form, the personal data transmitted by the data subject will be stored for processing purposes.

Use of Google reCAPTCHA 

We use „Google reCAPTCHA“ (Google Ireland Limited). The purpose of reCAPTCHA is to verify whether data entry on our websites is carried out by a human or by an automated program. Data processing is based on Article 6(1)(f) GDPR.

WhatsApp chat function

To simplify communication and answer questions, we offer a direct chat function via WhatsApp. This service is provided by Meta Platforms Ireland Limited, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland. Clicking the chat widget establishes a connection to Meta/WhatsApp's servers. Data, in particular your IP address and, if applicable, device information, may be transmitted to Meta. This service is used based on our legitimate interest in direct and efficient customer communication, pursuant to Article 6(1)(f) of the GDPR.

Analysis tools and plugins

Google Analytics

This website uses features of the web analytics service Google Analytics (Google Ireland Limited). We have implemented the following feature on this website: IP anonymization Google Analytics is enabled. The IP address transmitted by your browser as part of Google Analytics will not be merged with other Google data. We have concluded a data processing agreement with Google.

Demographic characteristics and interests in Google Analytics

This website uses the "demographic characteristics" feature of Google Analytics. This data comes from Google's interest-based advertising and visitor data from third-party providers.

YouTube with enhanced privacy mode

Our website uses plugins from the YouTube website (Google Ireland Limited). We use YouTube in enhanced privacy mode. According to YouTube, this mode prevents YouTube from storing information about visitors to this website before they watch the video.

Trustindex (Google Reviews)

To display ratings from our Google profile, we use the Trustindex service, operated by Trustindex.io (Hungary). This use is based on Article 6 Paragraph 1 Letter f GDPR.

Integration of fonts (Google Fonts, Adobe Fonts)

 We use external fonts to ensure consistent font display. Google Fonts: These are provided by Google. Adobe Fonts: These are provided by Adobe Systems Incorporated. Their use is for the purposes of our legitimate interests in a consistent and appealing presentation of our online services, in accordance with Article 6(1)(f) of the GDPR.

Routine deletion and blocking of personal data

The controller shall process and store personal data of the data subject only for the period necessary to achieve the purpose of storage or as far as this is provided for by the European legislator or another legislator in laws or regulations to which the controller is subject.

If the purpose for which the data was stored ceases to exist, or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data will be routinely blocked or deleted in accordance with legal requirements.

Rights of the data subject

a) Right to confirmation

Every data subject has the right, granted by the European legislator, to obtain from the controller confirmation as to whether or not personal data concerning him or her are being processed. If a data subject wishes to exercise this right of confirmation, he or she may, at any time, contact an employee of the controller.

b) Right to information

Every person whose personal data is being processed has the right, granted by the European legislator, to obtain from the controller, at any time and free of charge, information about the personal data stored about him or her and a copy of this information. Furthermore, the European legislator has granted the data subject the right to information regarding the following: the purposes of the processing; the categories of personal data being processed; the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organizations; where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period; the existence of the right to request from the controller rectification or erasure of personal data or restriction of processing concerning the data subject or to object to such processing; the right to lodge a complaint with a supervisory authority; where the personal data are not collected from the data subject, any available information as to their source; 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 the envisaged consequences of such processing for the data subject. Furthermore, the data subject has the right to be informed whether personal data are being processed by Data may be transferred to a third country or to an international organization. If this is the case, the data subject has the right to be informed of the appropriate safeguards relating to the transfer. If a data subject wishes to exercise this right of access, they may contact an employee of the controller at any time.

c) Right to rectification 

Every data subject has the right, granted by the European legislator, to obtain the immediate rectification of inaccurate personal data concerning him or her. Furthermore, the data subject has the right, taking into account the purposes of the processing, to have incomplete personal data completed, including by means of providing a supplementary statement. If a data subject wishes to exercise this right to rectification, he or she may contact an employee of the data controller at any time.

d) Right to erasure (right to be forgotten)

Every data subject has the right, granted by the European legislator, to obtain from the controller the erasure of personal data concerning him or her without undue delay where one of the following grounds applies, and where the processing is not necessary: The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed. The data subject withdraws consent on which the processing is based according to point (a) of Article 6(1) or point (a) of Article 9(2) of the GDPR, and where there is no other legal ground for the processing. The data subject objects to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) of the GDPR. The personal data have been unlawfully processed. The erasure of personal data is necessary for compliance with a legal obligation under Union or Member State law to which the controller is subject. The personal data were collected in relation to information society services offered pursuant to Article 8(1) of the GDPR. If one of the aforementioned grounds applies and a data subject wishes to have their personal data stored by The Ocean Collective GmbH erased, they may contact an employee of the controller at any time. The employee of The Ocean Collective GmbH will ensure that the erasure request is complied with immediately. If personal data has been made public by The Ocean Collective GmbH and our company, as the controller pursuant to Article 17(1) GDPR, is obligated to erase the personal data, The Ocean Collective GmbH, taking into account available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform other controllers processing the published personal data that the data subject has requested the erasure by those other controllers of any links to, or copies or replications of, that personal data, insofar as processing is not necessary. The employee of The Ocean Collective GmbH will take the necessary steps in each individual case.

e) Right to restriction of processing

Every data subject has the right, granted by the European legislator, to obtain from the controller restriction of processing where one of the following applies: The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data. The processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of their use instead. The controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims. The data subject has objected to processing pursuant to Article 21(1) GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject. If one of the aforementioned conditions is met and a data subject wishes to restrict the processing of their personal data stored by The Ocean Collective GmbH, they may contact an employee of the data controller at any time. The employee of The Ocean Collective GmbH will then arrange for the restriction of processing.

f) Right to data portability 

Every data subject has the right, granted by the European legislator, to receive the personal data concerning him or her, which he or she has provided to a controller, in a structured, commonly used and machine-readable format. He or she also has the right to transmit those data to another controller without hindrance from the controller to whom the personal data have been provided, where the processing is based on consent pursuant to point (a) of Article 6(1) or point (a) of Article 9(2) of the GDPR or on a contract pursuant to point (b) of Article 6(1) of the GDPR, and the processing is carried out by automated means, provided that the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller. Furthermore, when exercising their right to data portability pursuant to Article 20(1) GDPR, the data subject has the right to have their personal data transmitted directly from one controller to another, where technically feasible and provided that this does not adversely affect the rights and freedoms of others. To assert their right to data portability, the data subject may contact an employee of The Ocean Collective GmbH at any time.

G) Right to object

Every data subject has the right, granted by the European legislator, to object, on grounds relating to his or her particular situation, at any time to processing of personal data concerning him or her which is based on point (e) or (f) of Article 6(1) of the GDPR. This also applies to profiling based on these provisions. The Ocean Collective GmbH will no longer process the personal data in the event of such an objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or the processing serves the purpose of establishing, exercising or defending legal claims. Where The Ocean Collective GmbH processes personal data for direct marketing purposes, the data subject has the right to object at any time to processing of personal data concerning him or her for such marketing. This also applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to the processing of their personal data by The Ocean Collective GmbH for direct marketing purposes, The Ocean Collective GmbH will no longer process the personal data for these purposes. Furthermore, the data subject has the right to object, on grounds relating to their particular situation, to the processing of personal data concerning them which is carried out by The Ocean Collective GmbH for scientific or historical research purposes or statistical purposes pursuant to Article 89(1) GDPR, unless such processing is necessary for the performance of a task carried out in the public interest. To exercise the right to object, the data subject may contact any employee of The Ocean Collective GmbH directly. The data subject is also free, in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to exercise their right to object by automated means using technical specifications.

h) Automated individual decision-making, including profiling

Every data subject has the right granted by the European legislator not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her, unless the decision (1) is necessary for entering into, or performing, a contract between the data subject and a data controller, or (2) is authorized by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, or (3) is based on the data subject’s explicit consent. If the decision (1) is necessary for entering into, or performing, a contract between the data subject and the controller, or (2) is based on the data subject’s explicit consent, The Ocean Collective GmbH shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and to contest the decision. If the data subject wishes to exercise rights relating to automated decision-making, he or she may contact an employee of the controller at any time.

i) Right to withdraw consent under data protection law 

Every data subject has the right, granted by the European legislator, to withdraw their consent to the processing of their personal data at any time. If a data subject wishes to exercise their right to withdraw consent, they may contact an employee of the data controller at any time.

Data protection in applications and the application process

The data controller collects and processes the personal data of applicants for the purpose of processing the application. Processing may also be carried out electronically. This is particularly the case when an applicant submits application documents electronically, for example, by email or via a web form on the website. If the data controller concludes an employment contract with an applicant, the transmitted data will be stored for the purpose of processing the employment relationship in compliance with legal requirements. If the data controller does not conclude an employment contract with the applicant, the application documents will be automatically deleted two months after notification of the rejection decision, unless other legitimate interests of the data controller preclude deletion. A legitimate interest in this sense is, for example, the need to retain evidence in proceedings under the German General Equal Treatment Act (AGG).

Legal basis for processing

Article 6(1)(a) GDPR serves as the legal basis for our company's processing operations where we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is a party, as is the case, for example, with processing operations necessary for the delivery of goods or the provision of other services or consideration, then the processing is based on Article 6(1)(b) GDPR. The same applies to such processing operations that are necessary for carrying out pre-contractual measures, such as in cases of inquiries about our products or services. If our company is subject to a legal obligation that requires the processing of personal data, such as for the fulfillment of tax obligations, then the processing is based on Article 6(1)(c) GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor were injured on our premises and their name, age, health insurance details, or other vital information had to be shared with a doctor, hospital, or other third party. In that case, the processing would be based on Article 6(1)(d) GDPR. Finally, processing operations could be based on Article 6(1)(f) GDPR. This legal basis applies to processing operations not covered by any of the aforementioned legal bases, if the processing is necessary for the purposes of the legitimate interests pursued by our company or a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject. We are permitted to carry out such processing operations in particular because they have been specifically mentioned by the European legislator. The legislator took the view that a legitimate interest could be assumed where the data subject is a client of the controller (Recital 47, second sentence, GDPR).

Legitimate interests pursued by the controller or a third party in the processing

If the processing of personal data is based on Article 6 I lit. f GDPR, our legitimate interest is the conduct of our business activities for the benefit of all our employees and our shareholders.

Duration for which the personal data will be stored 

The criterion for the duration of storage of personal data is the respective statutory retention period. After this period expires, the corresponding data is routinely deleted, unless it is still required for the performance of a contract or for initiating a contract.

Legal or contractual requirements for providing personal data; necessity for entering into a contract; obligation of the data subject to provide the personal data; possible consequences of not providing the data

We would like to inform you that the provision of personal data is sometimes required by law (e.g., tax regulations) or may also arise from contractual provisions (e.g., information about the contracting party). In some cases, it may be necessary for a data subject to provide us with personal data that we subsequently need to process in order to conclude a contract. For example, the data subject is obligated to provide us with personal data if our company enters into a contract with them. Failure to provide personal data would mean that the contract with the data subject could not be concluded. Before providing personal data, the data subject must contact one of our employees. Our employee will explain to the data subject, on a case-by-case basis, whether the provision of personal data is required by law or contract, or necessary for the conclusion of the contract, whether there is an obligation to provide the personal data, and what the consequences of not providing the personal data would be.

Existence of automated decision-making

As a responsible company, we refrain from automated decision-making or profiling.