Data protection declaration according to the GDPR
I. Name and address of the person responsible
The person responsible within the meaning of the General Data Protection Regulation and other national data protection laws of the member states as well as other data protection regulations is:
S.W.A.T. Fishing GmbH
Badenwerkstrasse 4-6
68804 Altlußheim
Germany
Tel. +496205 3050941
Email: info@swat-fishing.com
https://www.swat-fishing.com
II. General information on data processing
1. Scope of the processing of personal data
In principle, we only process personal data of our users insofar as this is necessary to provide a functional website and our content and services. The processing of personal data of our users takes place regularly only with the consent of the user. An exception applies in those cases in which prior consent cannot be obtained for factual reasons and the processing of the data is permitted by law.
2. Legal basis for the processing of personal data
Insofar as we obtain the consent of the data subject for the processing of personal data, Article 6 (1) (a) of the EU General Data Protection Regulation (GDPR) serves as the legal basis.
When processing personal data that is required to fulfill a contract to which the data subject is a party, Article 6 (1) (b) GDPR serves as the legal basis. This also applies to processing operations that are required to carry out pre-contractual measures.
Insofar as the processing of personal data is necessary to fulfill a legal obligation to which our company is subject, Article 6 Paragraph 1 lit. c GDPR serves as the legal basis.
In the event that vital interests of the data subject or another natural person require the processing of personal data, Article 6 (1) (d) GDPR serves as the legal basis.If processing is necessary to safeguard a legitimate interest of our company or a third party and if the interests, fundamental rights and freedoms of the data subject do not outweigh the first-mentioned interest, Art. 6 (1) (f) GDPR serves as the legal basis for the processing.
3. Data deletion and storage duration
The personal data of the data subject will be deleted or blocked as soon as the purpose of storage no longer applies. Storage can also take place if this has been provided for by the European or national legislator in Union regulations, laws or other provisions to which the person responsible is subject. The data will also be blocked or deleted if a storage period prescribed by the standards mentioned expires, unless there is a need for further storage of the data for the conclusion or fulfillment of a contract.
III. Provision of the website and creation of log files
1. Description and scope of data processing
Every time our website is called up, our system automatically collects data and information from the computer system of the calling computer.
The following data is collected:
- Information about the browser type and the version used
- The user’s operating system
- Internet service provider of the user
- IP address of the user
- Date and time of access
- Websites from which the user’s system reached our website
- Websites that are accessed by the user’s system via our website
The data is also stored in the log files of our system. A storage of this data together with other personal data of the user does not take place.
2. Legal basis for data processing
The legal basis for the temporary storage of the data and the log files is Art. 6 Para. 1 lit.f GDPR.
3. Purpose of data processing
The temporary storage of the IP address by the system is necessary to enable the website to be delivered to the user’s computer. To do this, the user’s IP address must be saved for the duration of the session.
The storage in log files takes place in order to ensure the functionality of the website. In addition, we use the data to optimize the website and to ensure the security of our information technology systems. An evaluation of the data for marketing purposes does not take place in this context.
Our legitimate interest in data processing according to Art. 6 Para. 1 lit.f GDPR also lies in these purposes.
4. Duration of storage
The data will be deleted as soon as they are no longer required to achieve the purpose for which they were collected. In the case of the collection of data for the provision of the website, this is the case when the respective session has ended.
5. Opposition and removal option
The collection of the data for the provision of the website and the storage of the data in log files is essential for the operation of the website. There is consequently no possibility of objection on the part of the user.
IV. Use of cookies
a) Description and scope of data processing
Our website uses cookies. Cookies are text files that are stored in the internet browser or by the internet browser on the user’s computer system. When a user calls up a website, a cookie can be stored on the user’s operating system. This cookie contains a characteristic string of characters that enables the browser to be clearly identified when the website is called up again.
We use cookies to make our website more user-friendly. Some elements of our website require that the calling browser can also be identified after changing pages. The following data is stored and transmitted in the cookies:
- Language settings, items in the shopping cart, log-in information
- We also use cookies on our website that enable an analysis of the surfing behavior of the users.
- In this way, the following data can be transmitted:
- Entered search terms, frequency of page views, use of website functions
The user data collected in this way is pseudonymized by technical precautions. It is therefore no longer possible to assign the data to the calling user. The data is not stored together with other personal data of the user.
When you visit our website, an information banner informs you about the use of cookies for analysis purposes and refers you to this data protection declaration. In this context, there is also an indication of how the storage of cookies can be prevented in the browser settings.
When you visit our website, the user is informed about the use of cookies for analysis purposes and his consent to the processing of the personal data used in this context is obtained. In this context, there is also a reference to this data protection declaration.
b) Legal basis for data processing
The legal basis for the processing of personal data using technically necessary cookies is Article 6 (1) lit. f GDPR.The legal basis for the processing of personal data using cookies for analysis purposes is Article 6 (1) (a) GDPR if the user has given his / her consent.
c) Purpose of data processing
The purpose of using technically necessary cookies is to simplify the use of websites for users. Some functions of our website cannot be offered without the use of cookies. For this it is necessary that the browser is recognized even after changing pages.
We need cookies for the following applications:
- Shopping cart, adoption of language settings, memorization of search terms
- The user data collected by technically necessary cookies are not used to create user profiles.
The analysis cookies are used to improve the quality of our website and its content. The analysis cookies tell us how the website is used and so we can continuously optimize our offer.
Our legitimate interest in the processing of personal data in accordance with Art. 6 Para. 1 lit. f GDPR lies in these purposes.
d) Duration of storage, possibility of objection and removal
Cookies are stored on the user’s computer and transmitted from there to our website. As a user, you therefore have full control over the use of cookies. You can deactivate or restrict the transmission of cookies by changing the settings in your internet browser. Cookies that have already been saved can be deleted at any time. This can also be done automatically. If cookies are deactivated for our website, it is possible that not all functions of the website can be used to their full extent. The transmission of Flash cookies cannot be prevented via the settings of the browser, but by changing the settings of the Flash Player.
V. Newsletter
1. Description and scope of data processing
You can subscribe to a free newsletter on our website. When registering for the newsletter, the following data from the input mask is transmitted to us:
- E-mail address
In addition, the following data is collected when you register:
- IP address of the calling computer
- Date and time of registration
For the processing of the data, your consent is obtained during the registration process and reference is made to this data protection declaration.
If you purchase goods or services on our website and enter your e-mail address, this can then be used by us to send a newsletter. In such a case, only direct advertising for our own similar goods or services will be sent via the newsletter.
In connection with the data processing for the dispatch of newsletters, the data is not passed on to third parties. The data will only be used to send the newsletter.
2. Legal basis for data processing
The legal basis for sending the newsletter as a result of the sale of goods or services is Section 7 (3) UWG.
3. Purpose of data processing
The collection of the user’s email address is used to deliver the newsletter. The collection of other personal data as part of the registration process serves to prevent misuse of the services or the email address used.
4. Duration of storage
The data will be deleted as soon as they are no longer required to achieve the purpose for which they were collected. The user’s email address is therefore stored for as long as the subscription to the newsletter is active.
5. Opposition and removal option
The user concerned can cancel the subscription to the newsletter at any time. There is a corresponding link in every newsletter for this purpose.
VI. Registration
1. Description and scope of data processing
On our website, we offer users the opportunity to register by providing personal data. The data is entered in an input mask and transmitted to us and stored. Your personal data will be treated confidentially and, subject to your consent, if applicable, only passed on to the following recipients:
Our partners, Business partner, Service provider, third party or other parties if required by applicable law. The recipients of your personal data are located within or outside the European Union and / or the European Economic Area and are considered to be data processors of your personal data on our behalf. They were chosen because they provide safeguards sufficient to comply with data protection laws. When they process your personal information on our behalf, they are acting solely on our instructions.
Not with standing the foregoing, your personal information may be disclosed to law enforcement or judicial authorities in accordance with applicable laws if formally requested by the relevant bodies.
The following data is collected during the registration process:
- First and Last Name
- Address
- Country of origin
- Date of birth
- E-mail address
- Phone number
At the time of registration, the following data is also stored:
- The user’s IP address
- Date and time of registration
As part of the registration process, the user’s consent to the processing of this data is obtained.
2. Legal basis for data processing
If the user has given his / her consent, the legal basis for processing the data is Article 6 (1) (a) GDPR. If the registration serves to fulfill a contract to which the user is a party or to carry out pre-contractual measures, the additional legal basis for the processing of the data is Article 6 (1) (b) GDPR.
3. Purpose of data processing
Registration of the user is required to fulfill a contract with the user or to carry out pre-contractual measures. Participation in Lure Masters Fishing Events requires the collection and storage of the personal data of each participant, the images sent in to record and save the catches for the respective leaderboards and for the individual maintenance of the profile cards. Winnings in online tournaments are always sent to the registered address of the participant, for this purpose the address must be passed on to the respective sponsor of the prizes.
4. Duration of storage
The data will be deleted as soon as they are no longer required to achieve the purpose for which they were collected.
This is the case during the registration process to fulfill a contract or to carry out pre-contractual measures when the data is no longer required for the execution of the contract. Even after the contract has been concluded, it may be necessary to store personal data of the contractual partner in order to comply with contractual or legal obligations; all pictures sent in, results achieved in events and the profile card of a participant remain and are publicly visible if a participant should participate quit Lure Masters.
5. Opposition and removal option
As a user, you can cancel your registration at any time. You can change the personal data stored about you yourself at any time.
The account is deleted by sending an email to Lure Masters requesting that the account be deleted within a few days of processing time. In order to keep ranking lists and past events complete, the images registered there remain.
VII. Contact form and email contact
1. Description and scope of data processing
A contact form is available on our website that can be used to contact us electronically. If a user makes use of this option, the data entered in the input mask will be transmitted to us and saved. These data are:
- First and Last Name
- E-mail address
- At the time the message is sent, the following data is also stored:
- The user’s IP address
- Date and time of registration
- For the processing of the data, your consent is obtained as part of the sending process and reference is made to this data protection declaration.
- Alternatively, you can contact us using the email address provided. In this case, the user’s personal data transmitted with the email will be saved.
In this context, the data will not be passed on to third parties. The data will only be used to process the conversation.
2. Legal basis for data processing
If the user has given his / her consent, the legal basis for processing the data is Article 6 (1) (a) GDPR.
The legal basis for processing the data that is transmitted in the course of sending an email is Article 6 (1) lit.f GDPR. If the aim of the email contact is to conclude a contract, the additional legal basis for processing is Art. 6 Para. 1 lit. b GDPR.
3. Purpose of data processing
The processing of the personal data from the input mask serves us only to process the contact. If you contact us by e-mail, there is also the necessary legitimate interest in processing the data.
The other personal data processed during the sending process serve to prevent misuse of the contact form and to ensure the security of our information technology systems.
4. Duration of storage
The data will be deleted as soon as they are no longer required to achieve the purpose for which they were collected. For the personal data from the input mask of the contact form and those that were sent by e-mail, this is the case when the respective conversation with the user has ended. The conversation is ended when it can be inferred from the circumstances that the matter in question has been finally clarified.
The additional personal data collected during the sending process will be deleted after a period of seven days at the latest.
5. Opposition and removal option
The user has the option to revoke his consent to the processing of personal data at any time. If the user contacts us by email, he can object to the storage of his personal data at any time. In such a case, the conversation cannot be continued.
In this case, all personal data stored in the course of contacting us will be deleted.
VIII. Web analysis by Matomo (formerly PIWIK)
1. Scope of the processing of personal data
We use the open source software tool Matomo (formerly PIWIK) on our website to analyze the surfing behavior of our users. The software sets a cookie on the user’s computer (for cookies see above under V.). If individual pages of our website are called up, the following data is stored:
- Two bytes of the IP address of the calling system of the user
- The website accessed
- The website from which the user came to the accessed website (referrer)
- The sub-pages that are accessed from the accessed website
- The length of time spent on the website
- The frequency with which the website is accessed
The software runs exclusively on the servers of our website. The user’s personal data is only stored there. The data will not be passed on to third parties.
The software is set so that the IP addresses are not saved in full, but 2 bytes of the IP address are masked (e.g. 192.168.xxx.xxx). In this way, it is no longer possible to assign the shortened IP address to the calling computer.
2. Legal basis for the processing of personal data
The legal basis for processing users’ personal data is Article 6 (1) (f) GDPR.
In our case this is after 13 months.
3. Purpose of data processing
The processing of the personal data of the users enables us to analyze the surfing behavior of our users. By evaluating the data obtained, we are able to compile information about the use of the individual components of our website. This helps us to continuously improve our website and its user-friendliness. For these purposes, our legitimate interest lies in the processing of the data in accordance with Art. 6 Para. 1 lit.f GDPR. By anonymizing the IP address, the interests of users in protecting their personal data are adequately taken into account.
4. Duration of storage
The data will be deleted as soon as they are no longer required for our recording purposes.
5. Opposition and removal option
Cookies are stored on the user’s computer and transmitted from there to our website. As a user, you therefore have full control over the use of cookies. You can deactivate or restrict the transmission of cookies by changing the settings in your internet browser. Cookies that have already been saved can be deleted at any time. This can also be done automatically. If cookies are deactivated for our website, it is possible that not all functions of the website can be used to their full extent.
We offer our users the option of opting out of the analysis process on our website. To do this, you must follow the corresponding link. In this way, another cookie is set on your system, which signals our system not to save the user’s data. If the user deletes the corresponding cookie from his own system in the meantime, he must set the opt-out cookie again.
You can find more information on the privacy settings of the Matomo software under the following link: https://matomo.org/docs/privacy/.
IX. Rights of the data subject
The following list includes all rights of the data subjects under the GDPR. Rights that are not relevant for your own website do not have to be mentioned. In this respect, the list can be shortened.
If your personal data is processed, you are a data subject within the meaning of the GDPR and you have the following rights vis-à-vis the person responsible:
1. Right to information
You can request confirmation from the person responsible as to whether we are processing personal data relating to you.
If this is the case, you can request the following information from the person responsible:
- the purposes for which the personal data are processed;
- the categories of personal data that are processed;
- the recipients or the categories of recipients to whom the personal data relating to you have been disclosed or are still being disclosed;
- the planned duration of the storage of your personal data or, if specific information is not available, criteria for determining the duration of storage;
- the existence of a right to correction or deletion of your personal data, a right to restrict processing by the person responsible or a right to object to this processing;
- the right to lodge a complaint with a supervisory authority;
- all available information about the origin of the data if the personal data are not collected from the data subject;
- the existence of automated decision-making including profiling in accordance with Art. 22 Para. 1 and 4 GDPR and – at least in these cases – meaningful information about the logic involved and the scope and intended effects of such processing for the data subject.
You have the right to request information as to whether the personal data relating to you are being transmitted to a third country or to an international organization. In this context, you can request to be informed about the appropriate guarantees according to Art. 46 GDPR in connection with the transmission.
This right to information can be restricted to the extent that it is likely to make the realization of the research or statistical purposes impossible or seriously impaired and the restriction is necessary for the fulfillment of the research or statistical purposes.
2. Right to rectification
You have a right to correction and / or completion vis-à-vis the person responsible if the processed personal data concerning you is incorrect or incomplete. The person responsible must make the correction immediately.
3. Right to restriction of processing
You can request that the processing of your personal data be restricted under the following conditions:
- If you dispute the accuracy of the personal data concerning you for a period of time that enables the person responsible to check the accuracy of the personal data;
- The processing is unlawful and you refuse to delete the personal data and instead request that the use of the personal data be restricted;
- The person responsible no longer needs the personal data for the purposes of processing, but you need them to assert, exercise or defend legal claims, or
- If you have objected to the processing in accordance with Art. 21 Paragraph 1 GDPR and it has not yet been determined whether the legitimate reasons of the person responsible outweigh your reasons.
If the processing of your personal data has been restricted, this data – apart from its storage – may only be used with your consent or for the establishment, exercise or defense of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest processed by the Union or a Member State.
If the processing restriction has been restricted according to the above conditions, you will be informed by the person responsible before the restriction is lifted.
Your right to restriction of processing can be restricted to the extent that it is likely to make the implementation of the research or statistical purposes impossible or seriously impaired and the restriction is necessary for the fulfillment of the research or statistical purposes.
4. Right to cancellation
a) Obligation to delete
You can request the person responsible to delete the personal data relating to you immediately, and the person responsible is obliged to delete this data immediately if one of the following reasons applies:
- The personal data relating to you are no longer necessary for the purposes for which they were collected or otherwise processed.
- You revoke your consent on which the processing was based in accordance with Article 6 (1) (a) or Article 9 (2) (a) GDPR, and there is no other legal basis for the processing.
- You object to the processing in accordance with Art. 21 Paragraph 1 GDPR and there are no overriding legitimate reasons for the processing or you object to the processing in accordance with Art. 21 Paragraph 2 GDPR.
- The personal data concerning you have been processed unlawfully.
- The deletion of your personal data is necessary to fulfill a legal obligation under Union law or the law of one of the member states to which the person responsible is subject.
- The personal data relating to you were collected in relation to information society services offered in accordance with Art. 8 Paragraph 1 GDPR.
b) Information to third parties
If the person responsible has made the personal data concerning you public and is obliged to delete it in accordance with Art. 17 Para. 1 GDPR, he shall take appropriate measures, including technical measures, to process the data, taking into account the available technology and the implementation costs To inform those responsible who process the personal data that you, as the data subject, have requested them to delete all links to this personal data or copies or replications of this personal data.
c) Exceptions
The right to erasure does not exist if processing is necessary
- to exercise the right to freedom of expression and information;
- To fulfill a legal obligation that requires processing under the law of the Union or the Member States to which the person responsible is subject, or to perform a task that is in the public interest or in the exercise of official authority that is transferred to the person responsible has been;
- for reasons of public interest in the area of public health in accordance with Art. 9 Paragraph 2 lit. h and i as well as Art. 9 Paragraph 3 GDPR;
- for archiving purposes in the public interest, scientific or historical research purposes or for statistical purposes in accordance with Art. 89 Para. 1 GDPR, insofar as the right mentioned under section a) is likely to make the realization of the objectives of this processing impossible or seriously impair it,
- for the establishment, exercise or defense of legal claims.
5. Right to be informed
If you have asserted the right to correction, deletion or restriction of processing against the person responsible, the person responsible is obliged to notify all recipients to whom the personal data concerning you have been disclosed of this correction or deletion of the data or restriction of processing, unless this turns out to be impossible or involves a disproportionate effort.
You have the right vis-à-vis the person responsible to be informed about these recipients.
6. Right to data portability
You have the right to receive the personal data concerning you, which you have provided to the person responsible, in a structured, common and machine-readable format. You also have the right to transfer this data to another person responsible without hindrance from the person responsible to whom the personal data was provided, provided that
- the processing is based on consent in accordance with Article 6 (1) (a) GDPR or Article 9 (2) (a) GDPR or on a contract in accordance with Article 6 (1) (b) GDPR and
- the processing is carried out using automated procedures.
In exercising this right, you also have the right to have the personal data relating to you transmitted directly from one person in charge to another person in charge, insofar as this is technically feasible. This must not impair the freedoms and rights of other people.
The right to data portability does not apply to the processing of personal data that is necessary for the performance of a task that is in the public interest or takes place in the exercise of official authority that has been transferred to the person responsible.
7. Right to Object
You have the right, for reasons that arise from your particular situation, to object at any time to the processing of your personal data, which is based on Art. 6 Para. 1 lit. e or f GDPR; this also applies to profiling based on these provisions.
The person responsible will no longer process the personal data concerning you unless he can prove compelling legitimate reasons for the processing that outweigh your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims.
If the personal data relating to you are processed in order to operate direct mail, you have the right to object at any time to the processing of the personal data relating to you for the purpose of such advertising; this also applies to profiling insofar as it is associated with such direct advertising.
If you object to processing for direct marketing purposes, the personal data relating to you will no longer be processed for these purposes.
In connection with the use of information society services – regardless of Directive 2002/58 / EC – you have the option of exercising your right of objection by means of automated processes that use technical specifications.
Your right of objection can be limited to the extent that it is likely to make the realization of the research or statistical purposes impossible or seriously impaired and the restriction is necessary for the fulfillment of the research or statistical purposes.
8. Right to revoke the declaration of consent under data protection law
You have the right to withdraw your declaration of consent under data protection law at any time. Revoking your consent does not affect the legality of the processing carried out on the basis of your consent up to the point of revocation.
9. Automated decision in individual cases including profiling
You have the right not to be subject to a decision based solely on automated processing – including profiling – which has legal effects on you or which significantly affects you in a similar manner. This does not apply when making the decision
- is necessary for the conclusion or performance of a contract between you and the person responsible,
- is permissible on the basis of legal provisions of the Union or of the member states to which the person responsible is subject and these legal provisions contain appropriate measures to safeguard your rights and freedoms as well as your legitimate interests or
- takes place with your express consent.
However, these decisions may not be based on special categories of personal data according to Art. 9 Paragraph 1 GDPR, unless Art. 9 Paragraph 2 lit. a or g GDPR applies and appropriate measures have been taken to protect your rights and freedoms and your legitimate interests .With regard to the cases mentioned in (1) and (3), the person responsible shall take appropriate measures to safeguard the rights and freedoms and your legitimate interests, including at least the right to obtain intervention by a person on the part of the person responsible, to express their own point of view and heard on contesting the decision.
10. Right to complain to a supervisory authority
Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the member state of your place of residence, your place of work or the place of the alleged violation, if you are of the opinion that the processing of your personal data is against violates the GDPR.
The supervisory authority to which the complaint was submitted informs the complainant about the status and the results of the complaint, including the possibility of a judicial remedy in accordance with Art. 78 GDPR.