This privacy policy informs you about the nature, scope, and purpose of the processing of personal data (hereinafter referred to as “data”) within the context of providing our services, as well as within our online presence and its associated websites, functions, and content, and external online presences, such as our social media profiles (hereinafter collectively referred to as “online presence”). Regarding the terminology used, such as “processing” or “controller,” we refer to the definitions in Article 4 of the General Data Protection Regulation (GDPR).

Responsible

Uwe Iding

DriveandDiveCuracao
Jan Kok Kv8b
Willemstadt, Curacao

Email:
info@driveanddivecuracao.com

Telephone:
+59995 135 760

Types of data processed

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

Categories of affected persons

Visitors and users of the online service (hereinafter we will refer to the persons concerned collectively as “users”).

Purpose of processing

– Provision of the online service, its functions and content.
– Responding to contact requests and communicating with users.
– Security measures.
– Audience measurement/marketing.

Terminology used

“Personal data” means 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 (e.g. a cookie) or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

“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. The term is broad and encompasses virtually any handling of data.

“Pseudonymisation” means 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 organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.

“Profiling” means any type 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.

The term “controller” refers to 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.

“Processor” means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.

Relevant legal bases

In accordance with Article 13 of the GDPR, we are informing you of the legal bases for our data processing. For users within the scope of the General Data Protection Regulation (GDPR), i.e., the EU and the EEA, the following applies if the legal basis is not specified in the privacy policy:
The legal basis for obtaining consent is Article 6(1)(a) and Article 7 of the GDPR;
the legal basis for processing data to fulfill our services and implement contractual measures, as well as to respond to inquiries, is Article 6(1)(b) of the GDPR;
the legal basis for processing data to comply with our legal obligations is Article 6(1)(c) of the GDPR;
in the event that processing personal data is necessary to protect the vital interests of the data subject or another natural person, Article 6(1)(d) of the GDPR serves as the legal basis;
the legal basis for processing necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller is Article 6(1)(e) of the GDPR.
The legal basis for processing data to protect our legitimate interests is Article 6(1)(f) GDPR.
The processing of data for purposes other than those for which it was collected is governed by the provisions of Article 6(4) GDPR.
The processing of special categories of data (pursuant to Article 9(1) GDPR) is governed by the provisions of Article 9(2) GDPR.

Security measures

In accordance with legal requirements, taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of processing as well as the varying likelihood and severity of the risk to the rights and freedoms of natural persons, we implement appropriate technical and organisational measures to ensure a level of security appropriate to the risk.

These measures include, in particular, ensuring the confidentiality, integrity, and availability of data by controlling physical access to the data, as well as access to, input of, transfer of, and ensuring the availability and separation of the data. Furthermore, we have established procedures that guarantee the exercise of data subject rights, the deletion of data, and responses to data breaches. We also consider the protection of personal data during the development and selection of hardware, software, and processes, in accordance with the principles of data protection by design and by default.

Cooperation with processors, joint controllers and third parties

If, in the course of our processing, we disclose data to other persons and companies (processors, joint controllers or third parties), transmit it to them or otherwise grant them access to the data, this is done only on the basis of a legal permission (e.g. if the transfer of data to third parties, such as payment service providers, is necessary for the performance of a contract), if users have consented, if a legal obligation requires it or on the basis of our legitimate interests (e.g. when using agents, web hosts, etc.).

If we disclose, transmit or otherwise grant access to data to other companies within our corporate group, this is done in particular for administrative purposes as a legitimate interest and, furthermore, on a basis that complies with legal requirements.

Transfers to third countries

If we process data in a third country (i.e., outside the European Union (EU), the European Economic Area (EEA), or the Swiss Confederation), or if this occurs in the context of using third-party services or disclosing or transferring data to other persons or companies, this will only be done if it is necessary for fulfilling our (pre-)contractual obligations, based on your consent, due to a legal obligation, or based on our legitimate interests. Subject to legal or contractual permissions, we will only process or have data processed in a third country if the legal requirements are met. This means, for example, that processing is based on special guarantees, such as the officially recognized finding 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 recognized specific contractual obligations.

Rights of data subjects

You have the right to request confirmation as to whether your personal data is being processed, and to access this data as well as further information and a copy of the data in accordance with legal requirements.

In accordance with legal requirements, you have the right to request the completion of your personal data or the correction of inaccurate personal data concerning you.

In accordance with legal requirements, you have the right to request that the data in question be deleted immediately, or alternatively, in accordance with legal requirements, to request a restriction of the processing of the data.

You have the right to request access to the data concerning you that you have provided to us, in accordance with legal requirements, and to request its transfer to other controllers.

Furthermore, in accordance with legal requirements, you have the right to lodge a complaint with the competent supervisory authority.

Right of withdrawal

You have the right to withdraw any consent you have given with effect for the future.

Right to object

You can object to the future processing of your data at any time in accordance with legal requirements. In particular, you can object to processing for direct marketing purposes.

Cookies and the right to object to direct marketing

Cookies are small files that are stored on users’ computers. Various types of information can be stored within cookies. A cookie primarily serves to store information about a user (or the device on which the cookie is stored) during or even after their visit to an online service. Temporary cookies, also known as “session cookies” or “transient cookies,” are deleted after a user leaves an online service and closes their browser. Such a cookie might, for example, store the contents of a shopping cart in an online store or a login status. “Permanent” or “persistent” cookies remain stored even after the browser is closed. These can, for example, save login status so that users remain logged in when they return to the site after several days. Similarly, user interests can be stored in such a cookie for audience measurement or marketing purposes. Third-party cookies are cookies that are offered by providers other than the operator of the online service (otherwise, if they are only the operator’s own cookies, they are called first-party cookies).

We may use temporary and permanent cookies, and we explain this in our privacy policy.

If users do not wish to have cookies stored on their computer, they are asked to deactivate the corresponding option in their browser’s system settings. Stored cookies can be deleted in the browser’s system settings. Disabling cookies may lead to functional limitations of this online service.

You can generally object to the use of cookies for online marketing purposes with many services, especially in the case of tracking, via the US website http://www.aboutads.info/choices/ or the EU website http://www.youronlinechoices.com/ . Furthermore, you can prevent the storage of cookies by disabling them in your browser settings. Please note that this may prevent you from using all the features of this website.

Deletion of data

The data we process will be deleted or its processing restricted in accordance with legal requirements. Unless expressly stated otherwise in this privacy policy, the data stored by us will be deleted as soon as it is no longer required for its intended purpose and there are no legal obligations to retain it.

Unless the data is deleted because it is required for other legally permissible purposes, its processing will be restricted. This means the data will be blocked and not processed for any other purpose. This applies, for example, to data that must be retained for commercial or tax law reasons.

Changes and updates to the privacy policy

We ask that you regularly review the content of our privacy policy. We will update the privacy policy as soon as changes to our data processing activities make this necessary. We will inform you if any changes require action on your part (e.g., consent) or any other individual notification.

Business-related processing

In addition, we process
– contract data (e.g., subject matter of the contract, term, customer category).
– payment data (e.g., bank details, payment history)
from our customers, prospective customers and business partners for the purpose of providing contractual services, customer service and support, marketing, advertising and market research.

External payment service providers

We use external payment service providers through whose platforms users and we can process payment transactions (e.g., each with a link to their privacy policy: PayPal (https://www.paypal.com/de/webapps/mpp/ua/privacy-full), Klarna (https://www.klarna.com/de/datenschutz/), Skrill (https://www.skrill.com/de/fusszeile/datenschutzrichtlinie/), Giropay (https://www.giropay.de/rechtliches/datenschutz-agb/), Visa (https://www.visa.de/datenschutz), Mastercard (https://www.mastercard.de/de-de/datenschutz.html), American Express (https://www.americanexpress.com/de/content/privacy-policy-statement.html)).

We use payment service providers for the performance of contracts on the basis of Article 6(1)(b) GDPR. Furthermore, we use external payment service providers on the basis of our legitimate interests pursuant to Article 6(1)(f) GDPR in order to offer our users effective and secure payment options.

The data processed by payment service providers includes master data such as name and address, bank details such as account numbers or credit card numbers, passwords, TANs and checksums, as well as contract, amount, and recipient-related information. This information is required to process the transactions. However, the entered data is processed and stored only by the payment service providers. This means we do not receive any account or credit card information, but only confirmation or rejection of the payment. The payment service providers may transmit the data to credit reference agencies for identity and creditworthiness verification. Please refer to the terms and conditions and privacy policies of the payment service providers for further information.

The terms and conditions and privacy policies of the respective payment service providers apply to payment transactions and can be accessed on their respective websites or transaction applications. We also refer you to these for further information and to exercise your rights of withdrawal, access, and other data subject rights.

Administration, financial accounting, office organization, contact management

We process data for administrative tasks, the organization of our business operations, financial accounting, and compliance with legal obligations, such as archiving. In doing so, we process the same data that we process when providing our contractual services. The legal bases for this processing are Article 6(1)(c) and (f) of the GDPR. Customers, prospective customers, business partners, and website visitors are affected by this processing. The purpose of and our legitimate interest in this processing lies in administration, financial accounting, office organization, and data archiving—tasks that serve to maintain our business operations, fulfill our obligations, and provide our services. The deletion of data relating to contractual services and contractual communication is carried out in accordance with the information provided for these processing activities.

In this process, we disclose or transmit data to the tax authorities, advisors such as tax consultants or auditors, as well as other fee collection agencies and payment service providers.

Furthermore, based on our legitimate business interests, we store information about suppliers, event organizers, and other business partners, for example, for later contact. We generally store this predominantly business-related data permanently.

Contact

When you contact us (e.g., via contact form, email, telephone, or social media), your information will be processed in accordance with Art. 6 para. 1 lit. b (within the framework of contractual/pre-contractual relationships) and Art. 6 para. 1 lit. f (other inquiries) of the GDPR for the purpose of processing and handling your inquiry. Your information may be stored in a customer relationship management system (“CRM system”) or a comparable system for managing inquiries.

We delete inquiries when they are no longer needed. We review the necessity of retaining inquiries every two years; statutory archiving obligations also apply.

Hosting and email delivery

The hosting services we use serve to provide the following services: infrastructure and platform services, computing capacity, storage space and database services, email delivery, security services and technical maintenance services, which we use for the purpose of operating this online service.

In this process, we, or our hosting provider, process inventory data, contact data, content data, contract data, usage data, meta and communication data of customers, prospective customers and visitors of this online service on the basis of our legitimate interests in the efficient and secure provision of this online service pursuant to Art. 6 para. 1 lit. f GDPR in conjunction with Art. 28 GDPR (conclusion of a data processing agreement).

Online presence on social media

We maintain online presences within social networks and platforms in order to communicate with customers, prospects 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 pose risks for users, as it could, for example, make it more difficult to enforce their rights. With regard to US providers certified under the Privacy Shield, we would like to point out that they are thereby obligated to comply with EU data protection standards.

Furthermore, user data is generally processed for market research and advertising purposes. For example, user profiles can be created based on usage patterns and the resulting user interests. These user profiles can then be used to display advertisements, both on and off the platforms, that are likely to match the users’ interests. For these purposes, cookies are typically stored on users’ computers, recording their usage patterns and interests. Additionally, user profiles can also store data independent of the devices used by the users (especially if the users are members of the respective platforms and are logged in).

The processing of users’ personal data is based on our legitimate interests in effectively informing and communicating with users, pursuant to Article 6(1)(f) GDPR. If users are asked by the respective platform providers for their consent to the aforementioned data processing, the legal basis for the processing is Article 6(1)(a) and Article 7 GDPR.

For a detailed description of the respective processing activities and the options for objecting (opt-out), we refer to the information provided by the providers linked below.

Regarding information requests and the assertion of user rights, we would like to point out that these can be most effectively addressed directly with the service providers. Only the providers have access to user data and can take appropriate action and provide information directly. However, should you require assistance, you can contact us.

– Facebook, Pages, Groups (Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland) based on a joint controllership agreement – ​​Privacy Policy: https://www.facebook.com/about/privacy/ , specifically for Pages: https://www.facebook.com/legal/terms/information_about_page_insights_data , Opt-Out: https://www.facebook.com/settings?tab=ads and http://www.youronlinechoices.com , Privacy Shield: https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&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=a2zt000000001L5AAI&status=Active .

– Instagram (Instagram Inc., 1601 Willow Road, Menlo Park, CA, 94025, USA) – Privacy Policy/ Opt-Out: http://instagram.com/about/legal/privacy/ .

– Twitter (Twitter Inc., 1355 Market Street, Suite 900, San Francisco, CA 94103, USA) – Privacy Policy: https://twitter.com/de/privacy , Opt-Out: https://twitter.com/personalization , Privacy Shield: https://www.privacyshield.gov/participant?id=a2zt0000000TORzAAO&status=Active .

– Pinterest (Pinterest Inc., 635 High Street, Palo Alto, CA, 94301, USA) – Privacy Policy/Opt-Out: https://about.pinterest.com/de/privacy-policy .

– 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=a2zt0000000L0UZAA0&status=Active .

– Xing (XING AG, Dammtorstraße 29-32, 20354 Hamburg, Germany) – Privacy Policy/Opt-Out: https://privacy.xing.com/de/datenschutzerklaerung .

– Wakelet (Wakelet Limited, 76 Quay Street, Manchester, M3 4PR, United Kingdom) – Privacy Policy/Opt-Out: https://wakelet.com/privacy.html .

– Soundcloud (SoundCloud Limited, Rheinsberger Str. 76/77, 10115 Berlin, Germany) – Privacy Policy/Opt-Out: https://soundcloud.com/pages/privacy .

Integration of third-party services and content

Within our online services, we use content or service offerings from third-party providers based on our legitimate interests (i.e., interest in the analysis, optimization and economic operation of our online services within the meaning of Art. 6 para. 1 lit. f. GDPR) in order to integrate their content and services, such as videos or fonts (hereinafter referred to collectively as “Content”).

This always requires that the third-party providers of this content are aware of the users’ IP addresses, as they could not send the content to their browsers without them. The IP address is therefore necessary for displaying this content. We strive to use only content from providers who use the IP address solely for delivering the content. Third-party providers may also use so-called pixel tags (invisible graphics, also known as “web beacons”) for statistical or marketing purposes. These pixel tags allow information such as visitor traffic on the pages of this website to be analyzed. The pseudonymized information can also be stored in cookies on the users’ devices and may include, among other things, technical information about the browser and operating system, referring websites, time of visit, and other information about the use of our online services, as well as be combined with such information from other sources.

Google Fonts

We integrate fonts (“Google Fonts”) from 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 .

Google Maps

We integrate maps from the “Google Maps” service provided by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. The data processed may include, in particular, users’ IP addresses and location data, which, however, are not collected without their consent (usually obtained through their mobile device settings). The data may be processed in the USA. Privacy policy: https://www.google.com/policies/privacy/ , Opt-out: https://adssettings.google.com/authenticated .

Use of Facebook Social Plugins

Based on our legitimate interests (i.e., our interest in analyzing, optimizing, and operating our online services economically, in accordance with Article 6(1)(f) of the GDPR), we use social plugins (“plugins”) from the social network facebook.com, which is operated by Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland (“Facebook”).
These plugins may include content such as images, videos, or text, as well as buttons that allow users to share content from this website 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 accesses a feature of this online service that contains such a plugin, their device establishes a direct connection to Facebook’s servers. The plugin’s content is transmitted directly from Facebook to the user’s device and integrated into the online service. Usage profiles of users can be created from the processed data. We therefore have no control over the scope of data that Facebook collects using this plugin and are informing users accordingly, based on our current knowledge.

By integrating these plugins, Facebook receives information that a user has accessed the corresponding page of the website. If the user is logged into Facebook, Facebook can associate the visit with their Facebook account. When users interact with the plugins, for example, by clicking the Like button or leaving a comment, the corresponding information is transmitted directly from their device to Facebook and stored there. Even if a user is not a member of Facebook, it is still possible that Facebook will learn and store their IP address. According to Facebook, only an anonymized IP address is stored in Germany.

The purpose and scope of data collection and the further processing and use of data by Facebook, as well as the related rights and settings options for protecting users’ privacy, 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 website and link it to their Facebook profile data, they must log out of Facebook and delete their cookies before using our website. Further settings and options to object to the use of data for advertising purposes are available within the Facebook profile settings:  https://www.facebook.com/settings?tab=ads  or via the US website  http://www.aboutads.info/choices/  or the EU website  http://www.youronlinechoices.com/ . These settings are platform-independent, meaning they apply to all devices, such as desktop computers and mobile devices.

Created with Datenschutz-Generator.de by Attorney Dr. Thomas Schwenke