Privacy Policy

We are pleased about your interest in our company. Data protection is of particular importance to the management of how2dive.com. The use of the how2dive.com website is generally possible without providing any personal data. However, if a data subject wishes to make use of special services of our company via our website, it may be necessary to process personal data. If the processing of personal data is necessary and there is no legal basis for such processing, we generally obtain the consent of the data subject.

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 and in accordance with the country-specific data protection provisions applicable to how2dive.com. With this data protection declaration, our company would like to inform the public about the type, scope and purpose of the personal data collected, used and processed by us. Furthermore, data subjects are informed of their rights by means of this data protection declaration.

As the controller, how2dive.com has implemented numerous technical and organizational measures to ensure the most complete protection possible for the personal data processed via this website. Nevertheless, Internet-based data transmissions can in principle have security gaps, so that absolute protection cannot be guaranteed. For this reason, every data subject is free to transmit personal data to us by alternative means, for example by telephone.

1. Definitions

The data protection declaration of how2dive.com is based on the terms used by the European Directive and Regulation Giver in the adoption of the General Data Protection Regulation (GDPR). Our data protection declaration should be easy to read and understand for both the public and our customers and business partners. To ensure this, we would like to explain the terms used in advance.

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

A) Personal Data

Personal data is all information relating to an identified or identifiable natural person (hereinafter referred to as “data subject”). A natural person is regarded as identifiable if they can be identified directly or indirectly, in particular by assignment to an identifier such as a name, an identification number, location data, an online identifier or one or more special characteristics that express the physical, physiological, genetic, psychological, economic, cultural or social identity of this natural person.

B) Data Subject

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

C) Processing

Processing is any operation or series of operations carried out with or without the aid of automated processes in connection with personal data, such as the collection, recording, organization, ordering, storage, adaptation or modification, reading, querying, use, disclosure through transmission, dissemination or any other form of provision, comparison or linking, restriction, deletion or destruction.

D) Restriction of Processing

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

E) Profiling

Profiling means 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 way that the personal data can no longer be assigned to a specific data subject without the use of additional information, provided that this additional information is stored separately and is subject to technical and organizational measures that ensure that the personal data is not assigned to an identified or identifiable natural person.

G) Controller or Data Controller

Controller or controller for processing is the natural or legal person, authority, institution or other body that alone or jointly with others decides on the purposes and means of processing personal data. If the purposes and means of this processing are specified by Union law or the law of the member states, the controller or the specific criteria for their designation may be provided for under Union law or the law of the member states.

H) Processor

Processor is a natural or legal person, authority, institution or other body that processes personal data on behalf of the controller.

I) Recipient

Recipient is a natural or legal person, authority, institution or other body to whom personal data is disclosed, regardless of whether it is a third party or not. However, authorities that may receive personal data as part of a specific investigation mandate under Union law or the law of the member states are not considered recipients.

J) Third Party

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

K) Consent

Consent is any expression of will voluntarily given by the data subject for the specific case in an informed manner and unambiguously in the form of a declaration or other clear affirmative action with which the data subject indicates that they agree to the processing of their personal data.

2. Name and Address of the Controller

The controller in the sense of the General Data Protection Regulation, other data protection laws applicable in the member states of the European Union, and other provisions with a data protection character is:

how2dive.com
Stefan Teodorowski

Brodmerkel-Str. 7

86919 Utting am Ammersee

Germany

Tel.: +49 89 5505207 – 22

Email: info@how2dive.com

Website: how2dive.com

3. Collection of General Data and Information

The how2dive.com website collects a range of general data and information each time the website is accessed by a data subject or an automated system. This general data and information is stored in the server’s log files. The following can be recorded: (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (so-called referrer), (4) the sub-websites that are accessed via an accessing system on our website, (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 serve to avert danger in the event of attacks on our information technology systems.

When using this general data and information, ST Kommunikationstechnik does not draw any conclusions about the data subject. Rather, this information is required to (1) correctly deliver the content of our website, (2) optimize the content of our website and the advertising for it, (3) ensure the long-term functionality of our information technology systems and the technology of our website, and (4) provide law enforcement authorities with the information necessary for prosecution in the event of a cyber attack. This anonymously collected data and information is therefore evaluated by ST Kommunikationstechnik both statistically and with the aim of increasing data protection and data security in our company in order to ultimately ensure an optimal level of protection for the personal data processed by us. The anonymous data from the server log files are stored separately from all personal data provided by a data subject.

4. Contact Option via the Website

Due to legal regulations, the how2dive.com website contains information that enables quick electronic contact with our company as well as direct communication with us, which also includes a general address for so-called electronic mail (email address). If a data subject contacts the controller by email or via a contact form, the personal data transmitted by the data subject is automatically stored. Such personal data transmitted on a voluntary basis by a data subject to the controller is stored for the purposes of processing or contacting the data subject. This personal data is not passed on to third parties.

5. Routine Deletion and Blocking of Personal Data

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

If the storage purpose ceases to apply or 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 provisions.

6. Rights of the Data Subject

A) Right to Confirmation

Every data subject has the right granted by the European Directive and Regulation Giver to request confirmation from the controller as to whether personal data relating to them is being processed. If a data subject wishes to exercise this right to confirmation, they can contact an employee of the controller at any time.

B) Right to Information

Every person affected by the processing of personal data has the right granted by the European legislator to obtain free information from the controller at any time about the personal data stored about them and a copy of this information. Furthermore, the European legislator has granted the data subject the right to information about the following:

  • the purposes of the processing
  • the categories of personal data concerned
  • 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 information as to whether personal data has been transmitted to a third country or to an international organization. If this is the case, the data subject also has the right to obtain information about the appropriate guarantees in connection with the transmission. If a data subject wishes to exercise this right to information, they can contact an employee of the controller at any time.

C) Right to Rectification

Every person affected by the processing of personal data has the right granted by the European legislator to demand the immediate rectification of inaccurate personal data concerning them. Furthermore, the data subject has the right, taking into account the purposes of the processing, to demand the completion of incomplete personal data—also by means of a supplementary declaration.

If a data subject wishes to exercise this right to rectification, they can contact an employee of the controller at any time.

D) Right to Erasure (Right to be Forgotten)

Any person affected by the processing of personal data has the right granted by the European legislator to request from the controller that personal data concerning them be deleted without undue delay, provided one of the following reasons applies and insofar as the processing is not necessary:

  • The personal data were collected or otherwise processed for purposes for which they are no longer necessary.
  • The data subject withdraws their consent on which the processing was based according to Art. 6 para. 1 lit. a GDPR or Art. 9 para. 2 lit. a GDPR, and there is no other legal basis for the processing.
  • The data subject objects to the processing in accordance with Art. 21 Para. 1 GDPR and there are no overriding legitimate reasons for the processing, or the data subject objects to the processing in accordance with Art. 21 Para. 2 GDPR.
  • The personal data have been unlawfully processed.
  • The deletion of personal data is necessary for compliance with a legal obligation under Union law or Member State law to which the controller is subject.
  • The personal data have been collected in relation to the offer of information society services referred to in Art. 8 para. 1 GDPR.

If one of the above-mentioned reasons applies and a data subject wishes to have personal data that is stored at ST Kommunikationstechnik deleted, they can contact an employee of the controller at any time. The employee of how2dive.com will arrange for the deletion request to be complied with immediately.

If the personal data has been made public by how2dive.com and our company is obliged to delete the personal data as the controller in accordance with Art. 17 Para. 1 GDPR, how2dive.com shall take appropriate measures, including technical measures, taking into account the available technology and the implementation costs, to inform other data controllers who process the published personal data that the data subject has requested these other data controllers to delete all links to this personal data or copies or replications of this personal data, insofar as the processing is not necessary. The employee of how2dive.com will arrange for the necessary measures in individual cases.

E) Right to Restriction of Processing

Any person affected by the processing of personal data 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 instead the restriction of their use.
  • 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 defense of legal claims.
  • The data subject has objected to processing pursuant to Art. 21 para. 1 GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.

If one of the above-mentioned conditions is met and a data subject wishes to request the restriction of personal data stored at how2dive.com, they can contact an employee of the controller at any time. The employee of how2dive.com will arrange for the processing to be restricted.

F) Right to Data Portability

Every person affected by the processing of personal data has the right granted by the European Directive and Regulation Giver to receive the personal data concerning them that has been provided to a controller by the data subject in a structured, common and machine-readable format. They also have the right to transmit this data to another controller without hindrance from the controller to whom the personal data was provided, provided that the processing is based on consent in accordance with Art. 6 Para. 1 Letter a GDPR or Art. 9 Para. 2 Letter a GDPR or on a contract in accordance with Art. 6 Para. 1 Letter b GDPR and the processing is carried out using automated procedures, unless the processing is necessary for the performance of a task that is in the public interest or in the exercise of official authority that has been transferred to the controller.

Furthermore, in exercising their right to data portability pursuant to Art. 20 para. 1 GDPR, the data subject has the right to have the 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 the right to data portability, the data subject can contact an employee of how2dive.com at any time.

G) Right to Object

Any person affected by the processing of personal data has the right granted by the European legislator to object, on grounds relating to their particular situation, at any time to processing of personal data concerning them which is based on Art. 6 para. 1 lit. e or f GDPR. This also applies to profiling based on these provisions.

In the event of an objection, how2dive.com will no longer process the personal data unless we can demonstrate compelling legitimate grounds for the processing that outweigh the interests, rights and freedoms of the data subject, or the processing serves to assert, exercise or defend legal claims.

If how2dive.com processes personal data to carry out direct advertising, the data subject has the right to object at any time to the processing of personal data for the purpose of such advertising. This also applies to profiling insofar as it is associated with such direct advertising. If the data subject objects to how2dive.com processing for direct marketing purposes, how2dive.com will no longer process the personal data for these purposes.

In addition, the data subject has the right, for reasons arising from their particular situation, to object to the processing of personal data relating to them that is carried out at how2dive.com for scientific or historical research purposes or for statistical purposes in accordance with Art. 89 Para. 1 GDPR, unless such processing is necessary to fulfill a task in the public interest.

To exercise the right to object, the data subject can contact any employee of how2dive.com directly or another employee. The data subject is also free to exercise their right to object by means of automated procedures in connection with the use of information society services, notwithstanding Directive 2002/58/EC, in which technical specifications are used.

H) Automated Individual Decision-Making, Including Profiling

Any person affected by the processing of personal data 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 them or similarly significantly affects them, provided that the decision (1) is not necessary for entering into, or performance of, a contract between the data subject and a data controller, or (2) is authorised 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 is (1) necessary for the conclusion or fulfillment of a contract between the data subject and the controller or (2) it is made with the express consent of the data subject, how2dive.com shall take appropriate measures to safeguard the rights and freedoms and the legitimate interests of the data subject, including at least the right to obtain the intervention of a person on the part of the controller, to present their own point of view and to contest the decision.

If the data subject wishes to assert rights relating to automated decisions, they can contact an employee of the controller at any time.

I) Right to Withdraw Data Protection Consent

Any person affected by the processing of personal data has the right granted by the European legislator to withdraw consent to the processing of personal data at any time.

If the data subject wishes to exercise their right to withdraw consent, they can contact an employee of the controller at any time.

7. Legal Basis of the Processing

Art. 6 I lit. a GDPR serves our company as the legal basis for processing operations in which we obtain consent for a specific processing purpose. If the processing of personal data is necessary to fulfill a contract to which the data subject is a party, as is the case, for example, with processing operations that are necessary for the delivery of goods or the provision of other services or consideration, the processing is based on Art. 6 I lit. b GDPR. The same applies to such processing operations that are necessary to carry out pre-contractual measures, for example 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 to fulfill tax obligations, the processing is based on Art. 6 I lit. 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 in our company and his name, age, health insurance details or other vital information had to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6 I lit. d GDPR.
Ultimately, processing operations could be based on Art. 6 I lit. f GDPR. Processing operations that are not covered by any of the aforementioned legal bases are based on this legal basis if the processing is necessary to safeguard a legitimate interest of our company or a third party, provided that the interests, fundamental rights and fundamental freedoms of the data subject do not outweigh this. Such processing operations are permitted to us in particular because they have been specifically mentioned by the European legislator. In this respect, he took the view that a legitimate interest could be assumed if the data subject is a customer of the controller (Recital 47 Sentence 2 GDPR).

8. Legitimate Interests in the Processing Pursued by the Controller or a Third Party

If the processing of personal data is based on Article 6 I lit. According to Art. 6(1)(f) GDPR, our legitimate interest is the conduct of our business activities for the benefit of the well-being of all our employees and our shareholders.

9. Duration for which the Personal Data Will be Stored

The criterion for the duration of the storage of personal data is the respective statutory retention period. After the expiry of the period, the corresponding data will be routinely deleted, provided they are no longer required for contract fulfillment or contract initiation.

10. Legal or Contractual Regulations for the Provision of Personal Data; Necessity for the Conclusion of the Contract; Obligation of the Data Subject to Provide the Personal Data; Possible Consequences of Non-Provision

We inform you that the provision of personal data is partly required by law (e.g. tax regulations) or may also arise from contractual provisions (e.g. information on the contractual partner).
Sometimes, for a contract to be concluded, it may be necessary for a data subject to provide us with personal data that must then be processed by us. The data subject is obliged, for example, to provide us with personal data if our company concludes 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 inform the data subject on a case-by-case basis whether the provision of personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and what consequences the non-provision of the personal data would have.

11. Existence of Automated Decision-Making

As a responsible company, we do not use automatic decision-making or profiling.

This privacy policy was created by the privacy policy generator of datenschutz e-mail weiterleitung in cooperation with RC GmbH, which recycles used notebooks, and the file sharing lawyers of WBS-LAW.