SCHUTZVEREIN DEUTSCHER RHEDER V.A.G.
PRIVACY POLICY
1. Subject of this privacy policy
This privacy policy is applicable to the internet presence of Schutzverein Deutscher Rheder V.a.G. (hereinafter "SDR") as well as to the activities of SDR as insurer. It serves to inform which data are gathered and how these data are processed when the website
www.shipdefence.de is visited, the services offered on this website are used, in case of contact by email or in another form as well within the framework of membership (including application for membership). Furthermore, the technical and organisational protective measures are explained.
2. Name and contact details of the entity responsible for data processing
Responsible entity in accordance with the DSGVO ("Datenschutz-Grundverordnung"/General Data Protection Regulation) and provider of services within the meaning of TMG ("Telemediengesetz"):
Schutzverein Deutscher Rheder V.a.G.
Am Kaiserkai 6
20457 Hamburg
Deutschland
info@shipdefence.de
Telefon: +49 (0)40 300 666-0
Fax: +49 (0)40 37517210
Regulatory body:
Bundesanstalt für Finanzdienstleistungsaufsicht (BaFin)
Graurheindorfer Str. 108, 53117 Bonn
Reg.-Nr.: 5018
Please contact SDR if you have any questions or comments concerning this Privacy Policy or generally in relation to data protection issues.
3. Gathering and storing of personal data and its use
The extent and type of gathering and use of data depends on whether:
- the internet presence of SDR is only visited in order to obtain information;
- SDR is contacted by email or in another form;
- the Members' area is used;
- a membership exists or is applied for.
(a) Use of the website for the purpose of obtaining information
(1) When the website
www.shipdefence.de is viewed information is sent by the internet browser of the visitor of the internet presence of SDR (hereinafter: "Visitor") automatically to the server of the website. This information is being stored temporarily in a so called logfile. The following information is gathered without any action by the Visitor and stored until it is deleted automatically:
- IP address or the inquiring computer,
- Date and time of the access,
- Name and URL of the retrieved file,
- Transmitted data size,
- Notice whether the access/retrieval was successful,
- Website from which the access was made (referral-URL),
- Used browser and the operating system, if any, as well as the name of the Visitor’s access-providers.
(2) SDR gathers and uses these data in order to ensure a smooth connection built up as well as a comfortable use of its website, in order to safeguard the IT-safety and stability, and in particular in order to protect its IT systems against abuse and to defend against attacks, as well as for further administrative purposes.
(3) The legal basis of the data processing is article 6 paragraph 1, first sentence, lit. f DSGVO. The legitimate interest of SDR results from the above listed purposes for the gathering of the data.
(4) The data can be accessed internally by the IT staff of SDR as well as by service providers who support SDR in providing the website.
(5) In no case the gathered data will be used for the purpose of drawing conclusions about the identity of the Visitor who visits the website solely for the purpose of obtaining information.
(6) Furthermore, SDR uses cookies when the website is visited. Further details in this respect can be found under point 5 of this Privacy Policy.
b) Contact by email or in another form
It is possible to establish contact with SDR by e-mail. In that case the personal data of the sender of the email which are transmitted together with the e-mail will be stored.
Internally the data will be made available to the person who is involved with the handling of the inquiry.
In case SDR is contacted in another form, i.e. by fax, mail or telephone the personal data provided by the person contacting SDR will also be collected and processed exclusively in order to handle the concrete inquiry and will be made available to the person who is involved with the handling of the inquiry.
The legal basis for the processing of data which are being transmitted by email or provided when contact is established in another form is article 6, paragraph 1, lit. a and f DSGVO.
c) Use of the Members' area
Persons and companies expressly authorised by SDR and which have registered themselves (hereinafter "User(s)") may use the Members' area according to the terms of use. The registration requires the consent of the User to the processing of its personal data.
(1) In the course and on the basis of the registration the following data are being processed:
- Company name,
- Title, first name, last name and email address of the User,
- Password (encrypted),
- Date/time of registration,
- IP-address at the time of registration,
- Receipt of circular (marking),
- Information about new ratings (marking),
- Terms of Use (marking),
- Privacy Policy (marking).
(2) In the course of using the Members’ area (“login”) the following data are being processed:
- Username (email address) of the User,
- IP-address at the time of the login,
- Date/time of the login.
(3) When a rating is submitted through the ratings' portal of the Members are the following additional data are being processed:
- Name and last name of the User,
- Rating (stars) for a chosen or new company,
- Rating (commentary) for a chosen or new company,
- Date/time of the rating,
- Date/time of an update of the rating (if an update is possible),
- Terms of Use (marking).
(4) Furthermore, for the use of the Members' area points 3 a) (2)-(4) and (6) of this Privacy Policy apply. An additional legal basis for the processing of data which are transmitted in the course of the registration and/or the use of the Members' area is article 6, paragraph 1 lit. a DSGVO.
d) Membership with SDR
(1) Within the framework of membership and when an application for membership is made the following data are processed:
- Company name and postal address of the Member,
- Telephone/fax numbers and email address of the Member respectively its representative,
- Title, first name, last name and email address of the representative of the Member,
- Further information which is required for the membership and the purposes connected therewith, including the information mentioned in the application form.
(2) SDR collects and processes these data for the following purposes:
- Execution and handling of the membership relationship including correspondence,
- Compliance with contractual and legal obligations of SDR and
- Handling of mutual demands in connection with the membership contract (e. g. invoicing, performance and liability demands etc.).
(3) The legal bases of the data processing within the framework of membership and when an application for membership is made are
- Article 6 paragraph 1, first sentence lit. b DSGVO for the fulfilment of the membership contract,
- Article 6 paragraph 1, first sentence lit. c DSGVO for the compliance with legal obligations applying to SDR,
- Article 6 paragraph 1, first sentence lit. f DSGVO, to the extent that the data processing is required for the safeguarding of legitimate interests of SDR or third parties; in particular the continuous commercial relationship with the Member is in the legitimate interest of SDR,
- Article 6 paragraph 1, first sentence lit. a DSGVO, to the extent that the Member has consented to the processing of its personal data for certain purposes.
(4) Personal data of Members and their representatives are transmitted to third parties within the membership relationship to lawyers and surveyors, courts and arbitration tribunals, accountants, reinsurers, data processing companies (e. g. IT service providers) and, after consultation with the Member, to other recipients.
4. Transmission of data
Personal data of Visitors, Users and Members respectively their representatives will be transmitted to third parties, save for the transmission to data processing companies / IT service providers which are assisting SDR in the provision of the website as well as with further IT-services, only if:
- The Visitors, Users or Members respectively their representatives have expressly agreed to this transmission in accordance with article 6, paragraph 1, first sentence, lit. a DSGVO,
- the transmission is required in accordance with article 6, paragraph 1, first sentence, lit f DSGVO for the assertion, exercise or defence of legal claims and there is no basis for the assumption that the Visitors, Users or Members respectively their representatives have a predominant interest which is worth being protected that the data is not transmitted,
- in case that there is a legal obligation to transmit the data in accordance with article 6, paragraph 1, first sentence, lit c DSGVO and
- this is allowed by legal statute and required in accordance with article 6, paragraph 1, first sentence lit b DSGVO for the execution of contracts with the Visitors, Users or Members.
For the transmission of data of Members respectively their representatives in addition point 3 d) (4) applies.
5. Cookies
SDR uses cookies on its website. Cookies are small files which are being created by the browser of the Visitors, Users or Members respectively their representatives automatically and which are stored on their device (laptop, tablet, smartphone etc.) when the website of SDR is visited. Cookies do not cause damage on the device of the Visitors, Users or Members respectively their representatives and do not contain viruses, trojans or other malicious software.
In cookies information are stored which are related to the specifically used end device. This does, however, not mean that SDR thereby directly learns the identity of the Visitors, Users or Members respectively their representatives.
Cookies on the one hand serve to make the use of the services of SDR more convenient for the Visitors, Users and Members respectively their representatives. So, SDR uses so called session-cookies in order to recognise that the Visitors, Users or Members respectively their representatives have already visited certain pages of the website. These cookies will be deleted automatically after the page is closed.
In addition, temporary cookies may be used for the optimisation of user friendliness. These cookies are stored for a specifically determined time on the end device of the Visitors, Users or Members respectively their representatives. If the SDR website is visited again in order to use its services it will be automatically recognised that the Visitors, Users or Members respectively its representatives have already visited this page and which entries and settings have been made so that these do not have to be entered again.
Furthermore, cookies can be used in order to obtain statistical data about the use of the website and for the purpose of optimising the services for Visitors, Users and Members respectively their representatives.
The data processed by cookies are required for the above-mentioned purposes in order to protect the legitimate interests of SDR as well as of third parties according to article 6, paragraph 1, first sentence, lit. f DSGVO.
Most browsers accept cookies automatically. Visitors, Users and Members respectively their representatives may however configure their browser in such a way that no cookies are being stored on their computer or that there will always be a notice in case a new cookie is being created. The entire deactivation of cookies may, however, have the consequences that not all functions of the website of SDR can be used.
6. Deletion of data and time of data retention.
Data which are only stored on the basis of consent given as per article 6, first paragraph, lit. a DSGVO are, in principle, deleted when the Visitors, Users or Members respectively their representatives withdraw the previously given consent, unless there is a legal duty to preserve records or the further storage of the data is allowed or required on a different legal basis. Other data are deleted once the storage is no longer required unless there is a legal duty to preserve records or a different legal basis allows or requires the further storage.
7. Rights of concerned persons
Visitors, Users and Members respectively their representatives are entitled to:
- obtain information from SDR in accordance with article 15 DSGVO whether data concerning him or her are processed by SDR. If that is the case then the person is entitled to information about these personal data, the purposes of the processing, the categories of personal data concerned, the categories of recipients to whom personal data have been or will be disclosed, the envisaged period for which the personal data will be stored, the existence of a right to correct, delete, limit the processing or to object, the existence of the right to lodge a complaint, the origin of the data, to the extent that these were not gathered at SDR, as well as about the existence of automated decision-making, including profiling and, if applicable, meaningful information concerning its details;
- request in accordance with article 16 DSGVO promptly the rectification of incorrect or the completion of personal data stored at SDR;
- request the deletion of his or her personal data stored at SDR in accordance with article 17 DSGVO unless the processing is required for the exercise of the right of free expression and information, in order to comply with a legal obligation, due to public interest or for the assertion, exercise or defence of legal claims;
- request the limitation of processing of his or her personal data in accordance with article 18 DSGVO to the extent that the correctness of the data is disputed by them or the data procession is illegal, but they refuse the erasure and instead request the limitation of the use of the personal data, or SDR does not need the data anymore, but they need these for the assertion, exercise or defence of legal claims or they have objected against the processing;
- request in accordance with article 20 DSVGO that the personal data provided by them to SDR are provided in a structured, established and machine-recognisable format to them or to a different responsible person;
- withdraw the consent in accordance with article 7 paragraph 3 DSVGO at any time vis-à-vis SDR by email to datenschutz@shipdefence.de with the consequence that SDR is not allowed to continue with the data processing which was based on this consent in future, provided that the storage is not required or allowed on a different legal basis, and
- lodge a complaint with a supervisory authority in accordance with article 77 DSVGO. Normally, they can contact for this purpose the regulatory body at the place of his or her domicile, at the place of his or her employment or at the place of business of SDR.
8. Right of objection
To the extent that personal data of Visitors, Users or Members respectively their representatives are processed on the basis of legitimate interest according to article 6, paragraph 1, page 1, lit. f DSGVO they are entitled to object against the processing of personal data in accordance with article 21 DSGVO if there are reasons therefor which are resulting from their particular situation or when the objection is directed against direct advertising. In the latter case they are entitled to a general right of objection which will be implemented by SDR without the need to state a special situation.
In order to exercise the right of objection an e-mail to datenschutz@shipdefence.de is sufficient.
9. Data security
SDR uses suitable technical and organisational safety measures in order to protect data of Visitors, Users and Members respectively their representative against coincidental or deliberate manipulation, partial or complete loss, destruction or against the unauthorised access by third parties. The protective measures are constantly improved by SDR in accordance with the technologic developments.
10. Up-to-dateness and amendment of this Privacy Policy
This Privacy Policy is from August 2022 and presently applicable.
It may become necessary to change this Privacy Policy in view of the further development of the website and the services of SDR as well as due to changed legal respectively regulatory requirements. The applicable Privacy Policy can be accessed and printed out at any time on the website at
www.shipdefence.de/schutzverein-privacy-policy/.
