Privacy Notice
Privacy Notice
1.1 We are pleased that you are visiting our website and thank you for your interest. In the following, we will inform you about how your personal data is handled when using our website. Personal data includes all data that can be used to personally identify you.
1.2 The data controller responsible for data processing on this website within the meaning of the General Data Protection Regulation (GDPR) is EMS Yachting GmbH, Bernstorffstraße 139, 22766 Hamburg, Germany, E-Mail: sales@emsyachting.com. The data controller is the natural or legal person who, alone or jointly with others, determines the purposes and means of the processing of personal data.
2.1 When you visit our website for informational purposes only, meaning you do not register or otherwise transmit information to us, we only collect the data that your browser transmits to the server (so-called "server log files"). When you access our website, we collect the following data that is technically necessary for us to display the website to you:
The processing is carried out in accordance with Art. 6(1)(f) GDPR based on our legitimate interest in improving the stability and functionality of our website. The data is not shared or used for any other purpose. However, we reserve the right to review the server log files later if there are specific indications of illegal use.
2.2 For security reasons and to protect the transmission of personal data and other confidential content (e.g., orders or inquiries to the data controller), this website uses SSL or TLS encryption. You can recognize an encrypted connection by the "https://" and the lock icon in your browser's address bar.
To make the visit to our website more attractive and enable certain functions, we use cookies, which are small text files stored on your device. Some of these cookies are automatically deleted after closing your browser (so-called "session cookies"), while others remain on your device for a longer period and allow you to save settings on the website (so-called "persistent cookies"). You can find out how long cookies are stored in your browser’s cookie settings.
If personal data is processed through cookies, this processing is carried out either in accordance with Art. 6(1)(b) GDPR for contract execution, Art. 6(1)(a) GDPR based on your consent, or Art. 6(1)(f) GDPR to safeguard our legitimate interests in ensuring the best possible functionality of the website and a customer-friendly experience.
You can configure your browser to notify you about the use of cookies and decide on a case-by-case basis whether to accept or reject them. You can also configure your browser to generally reject cookies.
Please note that if cookies are not accepted, the functionality of our website may be limited.
4.1 Judge.me
We use the following provider for review reminders: Judge.me Ltd., c/o Buckworths, 2nd Floor, 1-3 Worship Street, London, England, EC2A 2AB, United Kingdom
We will only transfer your email address and possibly other customer data to the provider based on your express consent in accordance with Art. 6(1)(a) GDPR, so that the provider can send you a review reminder by email.
You can revoke your consent at any time with effect for the future either to us or to the provider.
We have a data processing agreement with the provider to ensure the protection of our website visitors' data and prevent unauthorized sharing with third parties.
For data transfers to the provider's location, an adequate level of data protection is ensured by an adequacy decision of the European Commission.
4.2 When you contact us (e.g., via a contact form or email), personal data is processed solely for the purpose of handling and responding to your inquiry, to the extent necessary.
The legal basis for processing this data is our legitimate interest in responding to your inquiry in accordance with Art. 6(1)(f) GDPR. If your inquiry is related to a contract, then Art. 6(1)(b) GDPR provides the additional legal basis for processing. Your data will be deleted once it is clear that the issue has been fully resolved and no legal retention obligations prevent deletion.
In accordance with Art. 6(1)(b) GDPR, personal data is collected and processed as necessary when you provide it to us for the purpose of creating an account. You can see what data is required for account creation from the input form on our website.
You can delete your account at any time by notifying the above-mentioned contact details. After deleting your account, your data will be deleted, provided all contracts associated with it have been fully completed, no legal retention periods apply, and there is no legitimate interest in further storage.
6.1 Subscription to our Email Newsletter
If you subscribe to our email newsletter, we will regularly send you information about our offers. The only required information for receiving the newsletter is your email address. Providing additional data is voluntary and is used to address you personally. We use the so-called double opt-in procedure to ensure that you only receive the newsletter after confirming your subscription via a link sent to the provided email address.
By activating the confirmation link, you give us your consent to use your personal data in accordance with Art. 6(1)(a) GDPR. We store the IP address provided by your Internet Service Provider (ISP) as well as the date and time of your registration to track any potential misuse of your email address. The data we collect during newsletter registration is strictly used for the purpose of sending the newsletter.
You can unsubscribe from the newsletter at any time using the link provided in the newsletter or by contacting us directly. Once you unsubscribe, your email address will be immediately deleted from our newsletter distribution list, unless you have explicitly consented to further use of your data or we reserve the right to use it for other purposes permitted by law.
6.2 Abandoned Cart Reminders by Email
If you abandon your purchase before completing an order, you may be reminded of the contents of your virtual shopping cart by email.
The only required information for sending this reminder is your email address. Providing additional data is voluntary and may be used to address you personally. We use the double opt-in procedure to ensure that you only receive the reminder after confirming your subscription via a link sent to the provided email address.
By activating the confirmation link, you give us your consent to use your personal data in accordance with Art. 6(1)(a) GDPR to send an abandoned cart reminder. We store the IP address provided by your Internet Service Provider (ISP) as well as the date and time of your registration to track any potential misuse of your email address.
You can unsubscribe from abandoned cart reminders at any time by contacting us directly. Once you unsubscribe, your email address will be immediately deleted from our distribution list unless you have explicitly consented to further use of your data or we reserve the right to use it for other purposes permitted by law.
7.1 To the extent necessary for contract fulfillment for delivery and payment purposes, the personal data we collect will be shared with the carrier and payment institution tasked with fulfilling your order in accordance with Art. 6(1)(b) GDPR.
If we owe you updates for goods with digital elements or digital products based on a contract, we will process the contact details you provided (name, address, email address) to notify you of upcoming updates within the legally required period, either by post or email, in accordance with our legal obligations under Art. 6(1)(c) GDPR. Your contact details will be strictly used for such update notifications and processed only to the extent necessary for this purpose.
To fulfill your order, we also work with the following service providers who assist us in the execution of contracts. Personal data is transferred to these service providers according to the following details.
7.2 Transfer of Personal Data to Shipping Providers
- UPS
We use the following carrier: United Parcel Service Deutschland Inc. & Co. OHG, Görlitzer Straße 1, 41460 Neuss, Germany
With your explicit consent during the order process, we share your email address and/or phone number with the carrier to schedule a delivery or announce the delivery, in accordance with Art. 6(1)(a) GDPR. Otherwise, we only share the recipient's name and delivery address with the carrier for the purpose of delivery in accordance with Art. 6(1)(b) GDPR. No prior coordination of the delivery time or announcement will be possible in such cases.
You can revoke your consent at any time by contacting the data controller or the carrier.
7.3 Use of Payment Providers
- PayPal
On this website, one or more online payment methods are available through the following provider: PayPal (Europe) S.a.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg
If you select a payment method where you prepay, your payment data (such as name, address, bank and card details, currency, and transaction number) and order information will be shared with the provider in accordance with Art. 6(1)(b) GDPR. This transfer is solely for the purpose of processing your payment with the provider and only to the extent necessary for that purpose.
When selecting a payment method where we prepay, you may be asked to provide personal information (first and last name, address, postal code, city, date of birth, email address, phone number, and, if applicable, alternative payment method details) during the ordering process.
In such cases, to safeguard our legitimate interest in assessing your ability to pay, this information is forwarded to the provider for a credit check in accordance with Art. 6(1)(f) GDPR. The provider checks whether the selected payment option can be granted based on your personal data, shopping cart, order amount, order history, and payment experience.
The credit check may include probability values (so-called score values), which are calculated based on a scientifically recognized mathematical-statistical method. Address data, among other things, may be included in the score value calculation.
You can object to the processing of your data at any time by contacting us or the provider. However, the provider may still be entitled to process your personal data if necessary for the contractual processing of your payment.
8.1 Google Analytics 4
This website uses Google Analytics 4, a web analytics service provided by Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland ("Google"), which enables an analysis of your use of our website.
By default, Google Analytics 4 sets cookies when you visit the website. These are small text files stored on your device and collect certain information. This information also includes your IP address, which is shortened by Google by removing the last digits in order to exclude direct personal reference.
The information is transmitted to Google servers and further processed there. Transfers to Google LLC based in the USA are also possible.
Google uses the information collected on our behalf to evaluate your use of the website, compile reports on website activity for us, and provide further services related to website and internet usage. The shortened IP address transmitted by your browser within the scope of Google Analytics is not merged with other Google data. The data collected in the context of using Google Analytics 4 is stored for two months and then deleted.
All processing described above, in particular the setting of cookies on the device used, only takes place if you have given us your express consent in accordance with Art. 6(1)(a) GDPR.
Without your consent, Google Analytics 4 will not be used during your visit to the website. You can revoke your consent at any time with effect for the future. To exercise your right of revocation, please deactivate this service via the “cookie consent tool” provided on the website.
We have concluded a data processing agreement with Google that ensures the protection of our website visitors’ data and prohibits unauthorized disclosure to third parties.
Further legal information on Google Analytics 4 can be found at https://policies.google.com/privacy?hl=en and https://policies.google.com/technologies/partner-sites.
Demographic characteristics
Google Analytics 4 uses the special function “demographic characteristics” and can use it to generate statistics that provide information about the age, gender, and interests of website visitors. This is done by analyzing advertising and information from third-party providers. This allows target groups for marketing activities to be identified. However, the collected data cannot be assigned to a specific person and is deleted after being stored for a period of two months.
Google Signals
As an extension of Google Analytics 4, Google Signals may be used on this website to generate cross-device reports. If you have activated personalized ads and linked your devices to your Google account, Google may, subject to your consent to the use of Google Analytics pursuant to Art. 6(1)(a) GDPR, analyze your usage behavior across devices and create database models, including for cross-device conversions. We do not receive any personal data from Google, only statistics. If you wish to stop cross-device analysis, you can deactivate the “Personalized advertising” function in your Google account settings. Follow the instructions on this page:
https://support.google.com/ads/answer/2662922?hl=en
Further information on Google Signals can be found here:
https://support.google.com/analytics/answer/7532985?hl=en
UserIDs
As an extension of Google Analytics 4, the “UserIDs” function may be used on this website. If you have consented to the use of Google Analytics 4 in accordance with Art. 6(1)(a) GDPR, created an account on this website, and log in to this account on different devices, your activities, including conversions, can be analyzed across devices.
For data transfers to the USA, the provider has joined the EU-US Data Privacy Framework, which ensures compliance with the European level of data protection on the basis of an adequacy decision of the European Commission.
8.2 Google Tag Manager
This website uses “Google Tag Manager”, a service provided by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland (hereinafter “Google”).
Google Tag Manager provides a technical basis for bundling various web applications, including tracking and analytics services, and for calibrating, controlling, and linking them to conditions via a uniform user interface. Google Tag Manager itself does not store any information on user devices or read any information from them. Nor does the service carry out any independent data analyses. However, when a page is called up, Google Tag Manager transmits your IP address to Google and may store it there. A transfer to Google LLC servers in the USA is also possible.
This processing only takes place if you have given us your express consent pursuant to Art. 6(1)(a) GDPR. Without this consent, Google Tag Manager will not be used during your visit to the website. You can revoke your consent at any time with effect for the future. To exercise your revocation, please deactivate this service in the “cookie consent tool” provided on the website.
We have concluded a data processing agreement with the provider that ensures the protection of our website visitors’ data and prohibits unauthorized disclosure to third parties.
For data transfers to the USA, the provider has joined the EU-US Data Privacy Framework, which ensures compliance with the European level of data protection on the basis of an adequacy decision of the European Commission.
8.3 Matomo
This website uses a web analytics service provided by: InnoCraft Ltd., 150 Willis St, 6011 Wellington, New Zealand ("Matomo").
To protect website visitors, Matomo uses a so-called "config_id" to enable various analyses of website usage within a short time window of up to 24 hours. The website's "config_id" is a randomly set, time-limited hash of a limited set of visitor settings and attributes. The config_id or config hash is a character string calculated for a visitor based on the visitor’s operating system, browser, browser plugins, IP address, and browser language. Matomo does not use device fingerprinting and uses an anonymized IP address to create the "config_id".
Insofar as the information processed in this way includes personal user data, the processing is carried out in accordance with Art. 6(1)(f) GDPR on the basis of our legitimate interest in the statistical analysis of user behavior for optimization and marketing purposes. To object to the processing of your visitor data for the future, we provide a separate objection option on our website.
If data collected using Matomo technology (including your pseudonymized IP address) is transmitted to Matomo servers in New Zealand and processed there for usage analysis purposes, we inform you that the European Commission has issued an adequacy decision for New Zealand, confirming compliance with European data protection standards in international data transfers.
If data is also transferred to the provider’s servers and the web analytics service is not installed locally on our server, we have concluded a data processing agreement with the provider to ensure the protection of our website visitors’ data and prevent unauthorized disclosure to third parties.
9.1 Google Ads Remarketing
This website uses retargeting technology provided by the following provider: Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland.
For this purpose, Google sets a cookie in your device browser that automatically enables interest-based advertising using a pseudonymous cookie ID and based on the pages you visit. Any further data processing only takes place if you have agreed with Google that your internet and app browsing history will be linked by Google to your Google account and that information from your Google account will be used to personalize ads you view on the web. In this case, if you are logged in to Google while visiting our website, Google will use your data together with Google Analytics data to create and define audience lists for cross-device remarketing. For this purpose, your personal data will be temporarily linked by Google with Google Analytics data in order to form target groups. During the use of Google Ads Remarketing, personal data may also be transmitted to the servers of Google LLC in the USA.
All processing described above, in particular the setting of cookies for reading information on the device used, only takes place if you have given us your express consent in accordance with Art. 6(1)(a) GDPR. Without this consent, retargeting technology will not be used during your visit to the website.
You can revoke your consent at any time with effect for the future. To exercise your revocation, please deactivate this service in the “cookie consent tool” provided on the website.
For data transfers to the USA, the provider has joined the EU-US Data Privacy Framework, which ensures compliance with the European level of data protection on the basis of an adequacy decision of the European Commission.
9.2 Google Ads Conversion Tracking
This website uses the online advertising program "Google Ads" and, within the scope of Google Ads, conversion tracking by Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland ("Google"). We use Google Ads to draw attention to our attractive offers on external websites by means of advertising materials (so-called Google Adwords). We can determine how successful the individual advertising measures are in relation to the campaign data. We pursue the interest of showing you advertising that is of interest to you, making our website more interesting for you, and achieving a fair calculation of the advertising costs incurred.
The cookie for conversion tracking is set when a user clicks on an ad placed by Google Ads. Cookies are small text files stored on your device. These cookies generally lose their validity after 30 days and are not used for personal identification. If the user visits certain pages of this website and the cookie has not yet expired, Google and we can recognize that the user clicked on the ad and was redirected to this page. Each Google Ads customer receives a different cookie. Cookies can therefore not be tracked across the websites of Google Ads customers. The information obtained using the conversion cookie is used to create conversion statistics for Google Ads customers who have opted for conversion tracking. Customers learn the total number of users who clicked on their ad and were redirected to a page tagged with a conversion tracking tag. However, they do not receive information with which users can be personally identified. During the use of Google Ads, personal data may also be transmitted to the servers of Google LLC in the USA.
Details on the processing triggered by Google Ads Conversion Tracking and Google’s handling of data from websites can be found here: https://policies.google.com/technologies/partner-sites
All processing described above, in particular the setting of cookies for reading information on the device used, only takes place if you have given us your express consent in accordance with Art. 6(1)(a) GDPR. You can revoke your consent at any time with effect for the future by deactivating this service in the “cookie consent tool” provided on the website.
You can also permanently object to the setting of cookies by Google Ads Conversion Tracking by downloading and installing the browser plug-in available at the following link:
https://www.google.com/settings/ads/plugin?hl=en
Please note that certain functions of this website may not be available or may only be available to a limited extent if you have deactivated the use of cookies.
Google’s privacy policy can be viewed here:
https://www.google.com/policies/privacy/
For data transfers to the USA, the provider has joined the EU-US Data Privacy Framework, which ensures compliance with the European level of data protection on the basis of an adequacy decision of the European Commission.
Google Web Fonts
This site uses so-called web fonts provided by the following provider for the uniform display of fonts: Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland.
When you call up a page, your browser loads the required web fonts into your browser cache in order to display texts and fonts correctly and establishes a direct connection to the provider’s servers. In the process, certain browser information, including your IP address, is transmitted to the provider.
Data may also be transmitted to: Google LLC, USA.
The processing of personal data in the course of establishing a connection with the font provider only takes place if you have given us your express consent in accordance with Art. 6(1)(a) GDPR. You can revoke your consent at any time with effect for the future by deactivating this service via the “cookie consent tool” provided on the website. If your browser does not support web fonts, a standard font from your computer will be used.
For data transfers to the USA, the provider has joined the EU-US Data Privacy Framework, which ensures compliance with the European level of data protection on the basis of an adequacy decision of the European Commission.
Cookie Consent Tool
This website uses a "cookie consent tool" to obtain valid user consent for cookies and cookie-based applications that require consent. The "cookie consent tool" is displayed to users in the form of an interactive user interface when they visit the site. Users can provide consent for specific cookies and/or cookie-based applications by checking the appropriate boxes. Only when the user has given the respective consent are such cookies loaded onto the user’s device. This ensures that such cookies are only set on the user's device if consent is given.
The tool sets technically necessary cookies to store your cookie preferences. Personal user data is generally not processed during this process.
In individual cases, personal data (such as IP address) may be processed for storage, assignment, or logging of cookie preferences. This processing is based on our legitimate interest in providing a legally compliant, user-specific, and user-friendly cookie consent management system in accordance with Art. 6(1)(f) GDPR and ensuring the legal compliance of our website.
Another legal basis for this processing is Art. 6(1)(c) GDPR, as we are legally required to make the use of non-essential cookies dependent on user consent.
If necessary, we have a data processing agreement with the provider to ensure the protection of our website visitors' data and prevent unauthorized sharing with third parties.
Further information about the operator and settings of the cookie consent tool can be found directly in the corresponding user interface on our website.
12.1 Applicable data protection law grants you the following data subject rights (rights to information and intervention) with regard to the processing of your personal data, provided that the respective legal requirements are met:
12.2 RIGHT TO OBJECT
IF WE PROCESS YOUR PERSONAL DATA BASED ON OUR OVERRIDING LEGITIMATE INTEREST AS PART OF A BALANCING OF INTERESTS, YOU HAVE THE RIGHT AT ANY TIME TO OBJECT TO THIS PROCESSING WITH FUTURE EFFECT FOR REASONS ARISING FROM YOUR PARTICULAR SITUATION.
IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING THE DATA IN QUESTION. HOWEVER, FURTHER PROCESSING MAY STILL BE PERMITTED IF WE CAN DEMONSTRATE COMPELLING LEGITIMATE GROUNDS FOR THE PROCESSING THAT OVERRIDE YOUR INTERESTS, RIGHTS, AND FREEDOMS, OR IF THE PROCESSING SERVES TO ASSERT, EXERCISE, OR DEFEND LEGAL CLAIMS.
IF YOUR PERSONAL DATA IS PROCESSED BY US FOR DIRECT MARKETING PURPOSES, YOU HAVE THE RIGHT TO OBJECT TO THE PROCESSING OF YOUR PERSONAL DATA AT ANY TIME FOR SUCH MARKETING PURPOSES. YOU CAN EXERCISE THIS RIGHT AS DESCRIBED ABOVE.
IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING YOUR DATA FOR DIRECT MARKETING PURPOSES.
The duration of the storage of personal data depends on the respective legal basis, the processing purpose, and – where applicable – the statutory retention period (e.g., commercial and tax retention periods).
If personal data is processed based on your explicit consent in accordance with Art. 6(1)(a) GDPR, this data will be stored until you revoke your consent.
If statutory retention periods apply to data processed for contractual or contract-like obligations based on Art. 6(1)(b) GDPR, the data will be routinely deleted after the retention periods expire, provided that it is no longer required for contract fulfillment or initiation, and there is no legitimate interest in further storage on our part.
If personal data is processed based on Art. 6(1)(f) GDPR, this data will be stored until you exercise your right to object in accordance with Art. 21(1) GDPR, unless we can demonstrate compelling legitimate grounds for the processing that override your interests, rights, and freedoms, or the processing serves the establishment, exercise, or defense of legal claims.
If personal data is processed for direct marketing purposes based on Art. 6(1)(f) GDPR, this data will be stored until you exercise your right to object in accordance with Art. 21(2) GDPR.
Unless otherwise stated in the specific information provided in this declaration, stored personal data will be deleted when it is no longer necessary for the purposes for which it was collected or otherwise processed.