Surf’n’Curve (Pty.) Ltd.
online privacy
Responsible:
Raffaello Gardelli, Mark Grinnell, Surf’n’Curve (Pty.) Ltd.
This Privacy Policy clarifies the nature, scope and purpose of the processing of personal data (hereinafter referred to as “Data”) within our online offering and the related websites, features and content, as well as external online presence, e.g. our Social Media Profile (collectively referred to as the “Online Offering”). With regard to the terminology used, e.g. “Processing” or “Responsible”, we refer to the definitions in Article 4 of the General Data Protection Regulation (GDPR).
Surf’n’Curve (Pty.) Ltd.
419 Albert Road, 1st Floor
Salt River, 7925 Cape Town
South Africa
Contact:
Phone: +27 (21) 4482010, Mobile: +27 (0) 76 993 99 23
E-mail: info@surf-n-curve.com
Website: www.luderitz-speed.com
Types of processed data:
– Inventory data (e.g., names, addresses).
– contact information (e.g., e-mail, phone numbers).
– content data (e.g., text input, 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 offer (hereinafter we refer to the affected persons as “users”).
Purpose of processing
– Provision of the online offer, its functions and contents.
– Answering contact requests and communicating with users.
– Safety measures.
– Reach Measurement / Marketing
Used terms
“Personal data” means any information relating to an identified or identifiable natural person (hereinafter the “data subject”); a natural person is considered as identifiable, which can be identified directly or indirectly, in particular by means of assignment to an identifier such as a name, to an identification number, to location data, to an online identifier (eg cookie) or to one or more special features, that express the physical, physiological, genetic, mental, economic, cultural or social identity of this natural person.
“Processing” means any process performed with or without the aid of automated procedures or any such process associated with personal data. The term goes far and includes virtually every handling of data.
“Pseudonymisation” means the processing of personal data in such a way that the personal data can no longer be assigned to a specific data subject without additional information being provided, provided that such additional information is kept separate and subject to technical and organizational measures to ensure that the personal data not assigned to an identified or identifiable natural person.
“Profiling” means any kind of automated processing of personal data which involves the use of such personal data to evaluate certain personal aspects relating to a natural person, in particular aspects relating to job performance, economic situation, health, personal To analyze or predict preferences, interests, reliability, behavior, whereabouts or relocation of that natural person.
“Responsible person” means the natural or legal person, public authority, body or body that decides, alone or in concert with others, on the purposes and means of processing personal data.
“Processor” means a natural or legal person, public authority, agency or other body that processes personal data on behalf of the controller.
Relevant legal bases
In accordance with Art. 13 GDPR, we inform you about the legal basis of our data processing. Unless the legal basis in the data protection declaration is mentioned, the following applies: The legal basis for obtaining consent is Article 6 (1) lit. a and Art. 7 DSGVO, the legal basis for the processing for the performance of our services and the execution of contractual measures as well as the response to inquiries is Art. 6 (1) lit. b DSGVO, the legal basis for processing in order to fulfill our legal obligations is Art. 6 (1) lit. c DSGVO, and the legal basis for processing in order to safeguard our legitimate interests is Article 6 (1) lit. f DSGVO. In the event that vital interests of the data subject or any other natural person require the processing of personal data, Art. 6 (1) l
it. d DSGVO as legal basis.
Security measures
We take into account the state of the art, the implementation costs and the nature, scope, circumstances and purposes of the processing as well as the different likelihood and severity of the risk to the rights and freedoms in accordance with Art. 32 GDPR of natural persons, appropriate technical and organizational measures to ensure a level of protection commensurate with the risk. Measures include, in particular, ensuring the confidentiality, integrity and availability of data by controlling physical access to and access to the data Input, disclosure, securing availability and their separation. We have also set up procedures to ensure the enjoyment of data subject rights, data deletion and data vulnerability. Furthermore, we consider the protection of personal data already in the development, or selection of hardware, software and procedures, according to the principle of data protection through technology design and privacy-friendly default settings (Article 25 GDPR) .Collaboration with contract processors and third parties in the context of our processing Disclose data to other persons and companies (contract processors or third parties), transmit them to them or otherwise grant them access to the data, this is done only on the basis of a legal permission (eg if a transmission of data to third parties, such as payment service providers, acc. Article 6 (1) (b) DSGVO is required to fulfill the contract), you have consented to a legal obligation or on the basis of our legitimate interests (eg the use of agents, webhosters, etc.) based on data commissioning it so-called “contract processing contract”, this is done on the basis of Art. 28 GDPR. Transfers to third countries If we use data in a third country (i.e. outside of the European Union (EU) or the European Economic Area (EEA)) or in the context of the use of third party services or disclosure, or transmission of data to third parties, this will only be done if it is to fulfill our (pre) contractual Duties, on the basis of your consent, on the basis of a legal obligation or on the basis of our legitimate interests. Subject to legal or contractual permissions, we process or have the data processed in a third country only in the presence of the special conditions of Art. 44 et seq. DSGVO. That the processing is e.g. on the basis of specific guarantees, such as the officially recognized level of data protection (eg for the US through the “Privacy Shield”) or the observance of officially recognized special contractual obligations (so-called “standard contractual clauses”.)
Rights of data subjects
You have the right to to ask for a confirmation as to whether the data in question are being processed and for information about this data as well as for further information and a copy of the data in accordance with Art. 15 GDPR. Art. 16 DSGVO the right to demand the completion of the data concerning you or the correction of the incorrect data concerning you. In accordance with Art. 17 GDPR you have the right to demand that the data in question be deleted immediately or alternatively as stipulated You have the right to demand that the data relating to you, which you have provided to us, be obtained in accordance with Art. 20 GDPR and request their transmission to other persons responsible. You have gem. Art. 77 DSGVO the right to file a complaint with the competent supervisory authority.
Right of withdrawal
You may object to the future processing of your data in accordance with Art. 21 GDPR at any time. The objection may in particular be made against processing for the purpose of direct advertising. Cookies and right of objection in the case of direct advertising
The term “cookies” refers to small files that are stored on users’ computers. Different information can be stored within the cookies. A cookie is primarily used to store the information about a user (or the device on which the cookie is stored) during or after his visit to an online offer. Temporary cookies, or “session cookies” or “transient cookies”, are cookies that are deleted after a user leaves an online service and closes his browser. In such a cookie, e.g. the contents of a shopping cart in an online shop or a login status are saved. As “permanent” or “Persistent” means cookies that remain stored even after the browser has been closed. Thus, e.g. the login status will be saved if users visit it after several days. Likewise, in such a cookie the interests of the users can be stored, which are used for range measurement or marketing purposes. A “third-party cookie” means a cookie offered by a provider other than the person responsible for providing the online offer (otherwise, if only the cookie is known as a “first-party cookie”) and permanent cookies and clarify this in the context of our privacy policy auf. When users do not want cookies to be stored on their computer, they are asked to disable the appropriate option in the system settings of your browser. Saved cookies can be deleted in the system settings of the browser. The exclusion of cookies can lead to functional restrictions of this online offer. A general objection to the use of the cookies used for the purpose of online marketing can in a variety of services, especially in the case of tracking, on the US side http: // www. aboutads.info/choices/ or the EU page http://www.youronlinechoices.com/. Furthermore, the storage of cookies can be achieved by switching them off in the settings of the browser. Please note that it may not be possible to use all the features of this online offer.
Deletion of data
The data processed by us will be deleted or restricted in accordance with Art. 17 and 18 GDPR. Unless explicitly stated in this privacy policy, the data stored by us are deleted as soon as they are no longer required for their purpose and the deletion does not conflict with any statutory storage requirements. Unless the data is deleted because it is required for other and legitimate purposes, its processing will be restricted. That The data is blocked and not processed for other purposes. This applies, for example For data that must be kept for commercial or tax law reasons. According to legal requirements in Germany, the storage takes place in particular for 10 years in accordance with § § 147 Abs. 1 AO, 257 Abs. 1 No. 1 and 4, Abs. 4 HGB (Books, records, management reports, accounting documents, trading books, documents relevant to taxation, etc.) and 6 years pursuant to § 257 (1) nos. 2 and 3, para. 4 HGB (commercial letters). According to legal requirements in Austria, storage takes place in particular for 7 J in accordance with § 132 para. 1 BAO (accounting documents, receipts / invoices, accounts, receipts, business papers, statement of income and expenses, etc.), for 22 years in connection with land and for 10 years in documents related to electronically provided services, telecommunications, broadcasting and television services provided to non-EU companies in EU Member States for which the Mini-One-Stop-Shop (MOSS) is used.
Agency Services
We process the data of our clients in the context of our contractual services which include conceptual and strategic consulting, campaign planning, software and design development / consulting or maintenance, implementation of campaigns and processes / handling, server administration, data analysis / consulting services and training services Inventory data (eg, customer master data, such as names or addresses), contact data (eg, e-mail, telephone numbers), content data (eg, text inputs, photographs, videos), contract data (eg, subject matter, term), payment data (eg, bank details, payment history ), Usage and metadata (eg as part of the evaluation and success measurement of marketing measures). In principle, we do not process special categories of personal data, unless these are components of a commissioned processing. Those affected include our customers, prospects and their customers, users, website visitors or employees as well as third parties. The purpose of the processing is the provision of contract services, billing and our customer service. The legal basis of the processing results from Art. 6 para. 1 lit. b DSGVO (contractual services), Art. 6 para. 1 lit. f DSGVO (analysis, statistics, optimization, security measures). We process data that are necessary for the establishment and performance of the contractual services and indicate the necessity of their information. Disclosure to external parties will only be made if required by an order. When processing the data provided to us within the framework of an order, we act in accordance with the instructions of the client as well as with the legal requirements ner order processing gem. Art. 28 DSGVO and process the data for no other purpose than the order. We delete the data after expiration of statutory warranty and similar obligations. the necessity of keeping the data is checked every three years; in the case of legal archiving obligations, the deletion takes place after its expiry (6 years, pursuant to § 257 (1) HGB, 10 J, in accordance with § 147 (1) AO). In the case of data disclosed to us in the context of an order by the client, we delete the data according to the specifications of the order, in principle after the end of the order.
External payment service providers
We use external payment service providers, through whose platforms the users and we make payment transactions (eg, with a link to the privacy policy, Paypal (https://www.paypal.com/en/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 / data protection), Mastercard (https://www.mastercard.de/de-de/datenschutz.html), American Express (https://www.americanexpress.com/en/content/privacy-policy- statement.html) In the context of the performance of contracts, we use the payment service providers on the basis of Article 6 (1) (b) DSGVO n we are external payment service providers based on our legitimate interests in accordance with. Art. 6 para. 1 lit. b. DSGVO, in order to provide our users with effective and secure payment options. Data processed by the payment service providers includes inventory data, such as data. the name and the address, bank data, such as Account numbers or credit card numbers, passwords, TANs and checksums, as well as contract, summary and recipient-related information. The information is required to complete the transactions. However, the data entered will only be processed and stored by the payment service providers. That We do not receive any account or credit card information, but only information with confirmation or negative disclosure of the payment. The data may be transmitted by the payment service providers to credit reporting agencies. This transmission aims at the identity and credit check. For this, we refer to the terms and conditions and privacy policy of payment service providers. For the payment transactions, the terms and conditions and the privacy notices of the respective payment service providers, which are available within the respective websites, or transactional applications apply. We also refer to these for the purpose of further information and assertion of rights of revocation, information and other data subjects.
Contact us
When contacting us (eg by contact form, e-mail, telephone or via social media) the information of the user to process the contact request and their settlement acc. Art. 6 para. 1 lit. b) DSGVO processed. The information provided by the users can be stored in a Customer Relationship Management System (“CRM System”) or comparable request organization. We delete the requests, if these are no longer required. We check the necessity every two years; The archiving obligations also apply.
Hosting and e-mail delivery
The hosting services we use are used to provide the following services: infrastructure and platform services, computing capacity, storage and database services, e-mail, security and technical maintenance services, Hereby we, or our hosting provider, process inventory data, contact data, content data, contract data, usage data, meta and communication data of customers, prospects and visitors of this online offer based on our legitimate interests in an efficient and secure manner Provision of this online offer acc. Art. 6 para. 1 lit. f DSGVO i.V.m. Art. 28 DSGVO (conclusion of contract processing contract).
Collection of access data and log files
We, or our hosting provider, collects on the basis of our legitimate interests within the meaning of Art. 6 para. 1 lit. f. DSGVO Data on every access to the server on which this service is located (so-called server log files). The access data includes name of the retrieved web page, file, date and time of retrieval, amount of data transferred, message about successful retrieval, browser type and version, the user’s operating system, referrer URL (the previously visited page), IP address and the requesting provider. Logfile information is stored for security reasons (eg to investigate abusive or fraudulent activities) for a maximum of 7 days and then deleted.
Google Analytics
We rely on our legitimate interests (ie interest in the analysis, optimization and economic operation of our online service within the meaning of Art. 6 para. 1 lit. DSGVO) Google Analytics, a web analytics service of Google LLC (“Google”). Google uses cookies. The information generated by the cookie about users’ use of the online offer is usually transmitted to and stored by Google on servers in the United States. Google is certified under the Privacy Shield Agreement, which provides a guarantee to comply with European privacy legislation (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active). Google will use this information on our behalf to evaluate the use of our online offer by users to compile and report on the activities within this online offering other services related to the use of this online offer and internet usage to us. Pseudonymous user profiles can be created from the processed data. We only use Google Analytics with activated IP anonymization. This means that the IP address of the users will be shortened by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be sent to and shortened to a Google server in the United States. The IP address provided by the user’s browser will not be merged with any other data provided by Google. Users can prevent the storage of cookies by setting their browser software accordingly; Users may also prevent the collection by Google of the data generated by the cookie and related to its use of the online offer and the processing of such data by Google by downloading and installing the browser plug-in available at the following link: http: // tools .google.com / dlpage / gaoptout? hl = en. For more information on Google’s data usage, hiring and disagreement options, please read the Google Privacy Policy (https://policies.google.com/technologies/ads) and the Google Privacy Policy Google Ads Ads Settings (https://adssettings.google.com/authenticated). Users’ personal data will be erased or anonymized after 14 months.
Social Media Online Sites
We maintain online presence within social networks and platforms to communicate with communicate there active customers, prospects and users and inform them there about our services to be able to. When calling the respective networks and platforms, the terms and conditions and the data processing guidelines apply to their respective operators. Unless otherwise stated in our Privacy Policy, we will process users’ data as far as they communicate with us within the social networks and platforms, e.g. Contribute to our online presence or send us messages.
Incorporation of third-party services and content
We rely on our legitimate interests (ie interest in the analysis, optimization and economic operation of our online offer within the meaning of Art. 6 para. 1 lit. f) within our online offer . DSGVO) content or service offers from third party providers to their content and services, such as Including videos or fonts (collectively referred to as “content” below). This always assumes that the third party providers of this content will perceive the IP address of the users, as they could not send the content to their browser without the IP address. The IP address is therefore required for the presentation of this content. We endeavor to use only content whose respective providers use the IP address solely for the delivery of the content. Third parties may also use so-called pixel tags (invisible graphics, also referred to as “web beacons”) for statistical or marketing purposes. The “pixel tags” can be used to evaluate information such as visitor traffic on the pages of this website. The pseudonymous information may also be stored in cookies on the user’s device and may include, but is not limited to, technical information about the browser and operating system, referring web pages, visit time, and other information regarding the use of our online offer embed the videos of the Vimeo platform of Vimeo Inc., Attention: Legal Department, 555 West 18th Street New York, New York 10011, USA. ng: https://vimeo.com/privacy. We point out that Vimeo can use Google Analytics and refer to the privacy policy (https://www.google.com/policies/privacy) and opt-out options for Google Analytics (http://tools.google .com / dlpage / gaoptout? hl = DE) or Google’s data-marketing settings (https://adssettings.google.com/.).
Youtube
We bind the videos from Google’s platform “YouTube” to Google LLC, 1600 Amphitheater Parkway, Mountain View, CA 94043, USA. Privacy Policy: https://www.google.com/policies/privacy/, opt-out: https://adssettings.google.com/authenticated.
Google Fonts
We bind the fonts (“Google Fonts”) of the provider Google LLC, 1600 Amphitheater Parkway, Mountain View, CA 94043, USA. Privacy Policy: https://www.google.com/policies/privacy/, opt-out: https://adssettings.google.com/authenticated.
Google Maps
We bind the Maps of the Google Maps service provided by Google LLC, 1600 Amphitheater Parkway, Mountain View, CA 94043, USA. The processed data may include, in particular, users’ IP addresses and location data, but these are not collected without their consent (usually as part of the settings of their mobile devices). The data can be processed in the USA. Privacy Policy: https://www.google.com/policies/privacy/, Opt-Out: https://adssettings.google.com/authenticated.
Using Facebook Social Plugins
We make use of our legitimate interests (ie interest in the analysis , Optimization and economical operation of our online offer within the meaning of Art. 6 Abs. 1 lit. f. DSGVO) Social Plugins (“Plugins”) of the social network facebook.com, which is operated by Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbor, Dublin 2, Ireland (“Facebook”). The plugins can represent interaction elements or content (eg videos, graphics or text contributions) and can be recognized by one of the Facebook logos (white “f” on blue tile, the terms “Like”, “Like” or a “thumbs up” sign ) or are marked with the addition “Facebook Social Plugin”. 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, which provides a guarantee to comply with European data protection law ( https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active).When a user invokes a feature of this online offering that includes such a plugin, their device will establish a direct connection to the Facebook servers. The content of the plugin is transmitted by Facebook directly to the device of the user and incorporated by him into the online offer. In the process, user profiles can be created from the processed data. Therefore, we have no influence on the extent of the data collected by Facebook with the help of this plugin and therefore informs users according to our level of knowledge. Through the integration of the plugins, Facebook receives the information that a user has accessed the corresponding page of the online offer. If the user is logged in to Facebook, Facebook can assign the visit to his Facebook account. If users interact with the plugins, for example, press the Like button or leave a comment, the information is transmitted from your device directly to Facebook and stored there. If a user is not a member of Facebook, there is still the possibility that Facebook will find out and save their IP address. According to Facebook, only an anonymous IP address is stored in Germany. The purpose and scope of the data collection and the further processing and use of the data by Facebook, as well as the related rights and options for protecting the privacy of users, 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 him through this online offering and associate it with his member data stored on Facebook, he must join before using our online offering Log off Facebook and delete its cookies. Other settings and inconsistencies regarding the use of data for advertising purposes are possible within the Facebook profile settings: https://www.facebook.com/settings?tab=ads or via the US-American site http://www.aboutads.info / choices / or the EU page http://www.youronlinechoices.com/. The settings are platform independent, i. they are used for all devices, such as desktop computers or mobile devices.
Within our online offering, features and content of the Instagram service offered by Instagram Inc., 1601 Willow Road, Menlo Park, Calif., 94025, may be used. United States. For this, e.g. Content such as images, videos, or text and buttons that users use to promote their content, subscribe to the content creators, or subscribe to our posts. If the users are members of the platform Instagram, Instagram can call the o.g. Assign contents and functions to the profiles of the users there. Instagram Privacy Policy: http://instagram.com/about/legal/privacy/.
Within our online offering, we can integrate features and content of the LinkedIn service offered by inkedIn Ireland Unlimited Company Wilton Place, Dublin 2, Ireland. For this, e.g. Content such as images, videos, or text and buttons that users use to promote their content, subscribe to content creators, or subscribe to our posts. If the users are members of the platform LinkedIn, LinkedIn can call the o.g. Assign contents and functions to the profiles of the users there. LinkedIn privacy statement: https://www.linkedin.com/legal/privacy-policy. LinkedIn is certified under the Privacy Shield Agreement, which provides a guarantee to comply with European privacy legislation (https: //www.privacyshield. gov / participant? id = a2zt0000000L0UZAA0 & status = Active). Privacy Policy: https://www.linkedin.com/legal/privacy-policy, opt-out: https://www.linkedin.com/psettings/guest-controls/retargeting-opt-out.