The data protection officer is: Larissa von Paulgerg, Jägerstur. 8a in 82237 Wörthsee, Germany.
Thank you for your interest in Citizen Science Cruises. Data protection has a particularly high priority for us. The use of the Citizen Science Cruises website is possible without any provision of personal data. If an individual ("data subject") wants to make use of any special services of Citizen Science Cruises, a processing of personal data will become necessary. If processing of personal data is required, we will generally obtain the consent of the data subject in accordance with the General Terms and Conditions (AGB) of Citizen Science Cruises. The processing of personal data, such as the name, address, e-mail address, or telephone number of a data subject shall always be in line with the country-specific data protection regulations applicable to Citizen Science Cruises. By means of this data protection declaration, our enterprise would like to inform the public about the nature, scope and purpose of the personal data that we collect, use and process. Furthermore, data subjects are also informed here of their rights by means of this data protection declaration.
As the controller, the Poseidon GmbH & Co KGaA has implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed through this website. Nevertheless, Internet-based data transmissions can always be subject to security vulnerabilities, 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 the Poseidon GmbH & Co KGaA is based on the terms used by the European Directive and Regulation Enactor in the adoption of the General Data Protection Regulation (GDPR). Our data protection declaration should be easy to read and understand for the public as well as for our customers and business partners. To ensure this, we would like to explain the terms used in advance.
We use the following terms, among others, in this privacy statement:
(a) Personal data: this refers to any information relating to an identified or identifiable natural person (hereinafter "data subject"). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
b) Data subject: this refers to any identified or identifiable natural person whose personal data are processed by the controller.
c) Processing: this refers to any operation or set of operations which is performed upon personal data, whether or not by automatic means, such as collection, recording, organization, filing, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure, or destruction.
d) Restriction of processing: this refers to the marking of stored personal data with the aim of limiting their future processing.
e) Profiling: this refers to any type of automated processing of personal data that consists of using such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects relating to that natural person's job performance, economic situation, health, personal preferences, interests, reliability, behaviour, location or change of location.
f) Pseudonymization: this refers to the processing of personal data in such a way that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organizational measures to ensure that the personal data is not attributed to an identified or identifiable natural person.
g) Controller: this refers to the natural or legal person, public authority, agency or other body which alone or jointly with others determines the purposes and means of the processing of personal data. Where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its designation may be provided for under Union or Member State law.
h) Processor: this refers to a natural or legal person, public authority, agency, or other body which processes personal data on behalf of the Controller.
(i) Recipient: this refers to a natural or legal person, public authority, agency, or other body to whom personal data are disclosed, whether or not they represent a third party. However, public authorities that may receive personal data in the context of a specific investigation mandate under Union or Member State law shall not be considered as recipients.
j) Third party: this refers to a natural or legal person, public authority, agency, or other body other than the data subject, the controller, the processor, or the persons authorised to process the personal data under the direct responsibility of the controller or the processor.
k) Consent: this refers to any expression of will given voluntarily by the data subject for the specific case in an informed manner and in an unambiguous manner in the form of agreement to the General Terms and Conditions (GTC) of Poseidon GmbH & Co KGaA or any other unambiguous affirmative act by which the data subject indicates that he or she consents to the processing of personal data relating to him or her.
§2 Name and address of the data controller
The controller within the meaning of the General Data Protection Regulation, other data protection laws applicable in the Member States of the European Union, and other provisions of a data protection nature is:
Poseidon GmbH & Co KGaA
§4 Collection of general data and information
The website of Poseidon GmbH & Co KGaA collects a range of general data and information each time a data subject or automated system calls up the website. This general data and information is stored in the log files of the server. The following data may be collected: (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system accesses 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 an 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 such general data and information, the Poseidon GmbH & Co KGaA does not infer any information about the data subject. Rather, this information is needed (1) to deliver the contents of our website correctly, (2) to optimise the contents of our website and the advertising for these, (3) to ensure the long-term functionality of our information technology systems and the technology of our website, and (4) to provide law enforcement authorities with the information necessary for prosecution in the event of a cyber attack. For this reason, Poseidon GmbH & Co KGaA will analyse anonymously collected data and information, also with the aim of increasing the data protection and data security of our enterprise, and in so doing ensuring an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from any personal data provided by a data subject.
§.5 Registration on our website
The data subject is given the opportunity to register on the website of the controller by providing personal data. The personal data that is transmitted to the controller in the process is determined by the respective input mask used for the registration. The personal data entered by the data subject are collected and stored exclusively for internal use by the controller and for its own purposes. The controller may arrange for the data to be transferred to one or more processors, who will also use the personal data exclusively for an internal use attributable to the controller. By registering on the website of the controller, the IP address assigned by the Internet service provider (ISP) of the data subject, the date, as well as the time of registration are also stored. The storage of this data takes place against the background that only in this way can the misuse of our services be prevented and, if necessary, this data makes it possible to clarify any committed crimes. In this respect, the storage of this data is necessary for the protection of the data controller. As a matter of principle, this data will not be passed on to third parties, unless there is a legal obligation to pass it on or the passing on has been consented to. The registration of the data subject by voluntarily providing personal data serves the purpose of the controller to offer the data subject content or services which, due to the nature of the matter, can only be offered to registered users. Registered persons are free to modify the personal data provided during registration at any time or to have it completely deleted from the data stock of the controller. A complete deletion of the advertisement will not take place (content worthy of protection), but will be displayed in pseudoniymized form as sold or brokered upon request. Poseidon GmbH & Co KGaA shall provide any data subject at any time, upon request, with information about which personal data concerning the data subject are stored. Furthermore, the data controller shall rectify or delete personal data at the request or indication of the data subject, provided that this does not conflict with any statutory retention obligations.
§6 Subscription to our newsletter
On the website www.citizen-Science-resien.de, users are given the opportunity to subscribe to our enterprise's newsletter. The personal data transmitted to the controller is specified in the input mask used for this purpose. The Poseidon GmbH & Co KGaA may inform its customers and business partners at regular intervals by means of a newsletter about enterprise offers. In principle, the data subject may only receive our enterprise's newsletter if (1) the data subject has a valid e-mail address and (2) the data subject has consented to our General Terms and Conditions (GTC). When registering for the first time, we also store the IP address of the computer system used by the data subject at the time of registration, as assigned by the Internet service provider (ISP), as well as the date and time of registration. The collection of this data is necessary in order to be able to trace the (possible) misuse of the e-mail address of a data subject at a later point in time and therefore serves the legal safeguarding of the controller. The personal data collected in the context of a registration for the newsletter are used exclusively for sending our newsletter. Furthermore, subscribers to the newsletter might be informed by e-mail. There is no disclosure of personal data collected as part of the newsletter service to third parties. The subscription to our newsletter can be cancelled by the data subject at any time. The consent to the storage of personal data that the data subject has given us for the newsletter mailing can be revoked at any time. For the purpose of revoking consent, a corresponding link can be found in each newsletter. Furthermore, it is also possible to unsubscribe from the newsletter mailing directly on the website or by email at any time or to communicate this in another way.
§7 Newsletter tracking
The newsletters of Poseidon GmbH & Co KGaA contain so-called tracking pixels. A tracking pixel is a miniature graphic that is embedded in such e-mails that are sent in HTML format to enable log file recording and log file analysis. This enables a statistical evaluation of the success or failure of online marketing campaigns. Based on the embedded tracking pixel, Poseidon GmbH & Co KGaA can determine if and when an e-mail was opened by a data subject, and which links in the e-mail were called up by the data subject. Such personal data collected via the tracking pixels contained in the newsletters are stored and analysed by the controller in order to optimise the newsletter dispatch and to better tailor the content of future newsletters to the interests of the data subject. This personal data will not be disclosed to third parties. Data subjects are entitled at any time to revoke the declaration of consent for the newsletter dispatch given with the consent to the general terms and conditions. After a revocation, this personal data will be deleted by the controller. Poseidon GmbH & Co KGaA automatically regards any withdrawal from the receipt of the newsletter as a revocation.
§8 Contact possibility via the website
Based on statutory provisions, the website of Poseidon GmbH & Co KGaA contains information that enables a quick electronic contact to our enterprise, as well as direct communication with us, which also includes a general address for electronic mail (e-mail address). If a data subject contacts Poseidon GmbH & Co KGaA by e-mail or by means of a contact form, the personal data transmitted by the data subject will be stored automatically. Such personal data transmitted on a voluntary basis by a data subject to the controller will be stored for the purpose of processing or contacting the data subject. No disclosure of this personal data to third parties will take place.
§9 Deletion and blocking of personal data
The Poseidon GmbH & Co KGaA processes and stores personal data of the data subject only for the period up to the revocation or if this has been provided for by the European Directive and Regulation Maker or another legislator in laws or regulations to which Poseidon GmbH & Co KGaA is subject. If the purpose of storage no longer applies or if a storage period prescribed by the European Directive and Regulation Maker or another competent legislator expires, the personal data will be routinely blocked or deleted in accordance with the statutory provisions.
§10 Rights of the data subject
a) Right to obtain confirmation: every data subject shall have the right, granted by the European Directive and Regulation-maker, to obtain confirmation from the Poseidon GmbH & Co KGaA as to whether his or her personal data are being processed. If a data subject wishes to exercise this right, he or she may, at any time, contact Poseidon GmbH & Co KGaA.
b) Right of access: any person concerned by the processing of personal data has the right granted by the European Directive and Regulation to obtain from the controller, at any time and free of charge, information about the personal data stored about him or her. Furthermore, the European Directive and Regulation Maker has granted the data subject access to the following information:
- the purposes of processing
- the categories of personal data processed
- the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular in the case of recipients in third countries or international organisations
- if possible, the planned duration for which the personal data will be stored or, if this is not possible, the criteria for determining this duration
- the existence of a right to obtain the rectification or erasure of personal data concerning him or her, or to obtain the restriction of processing by the controller, or a right to object to such processing
- the existence of a right of appeal to a supervisory authority
- if the personal data are not collected from the data subject: any available information about the origin of the data
- the existence of automated decision-making, including profiling, pursuant to Article 22(1) and (4) of the 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. Furthermore, the data subject shall have a right of access to whether personal data have been transferred to a third country or to an international organisation. If this is the case, the data subject also has the right to obtain information on the appropriate safeguards in connection with the transfer
c) Right to rectification: every data subject affected by the processing of personal data has the right granted by the European Directive and Regulation to request that inaccurate personal data concerning him or her be rectified without undue delay. Furthermore, the data subject has the right to request the completion of incomplete personal data, taking into account the purposes of the processing. If a data subject wishes to exercise this right, he or she may, at any time, contact Poseidon GmbH & Co KGaA.
d) Right to erasure (right to be forgotten): any person affected by the processing of personal data has the right granted by the European Directive and Regulation to require the controller to erase the personal data concerning him or her without undue delay if one of the following reasons applies, and to the extent that the processing is no longer necessary: the personal data were collected or otherwise processed for such purposes for which they are no longer necessary. The data subject revokes his or her consent on which the processing was based pursuant to Art. 6(1)(a) GDPR or Art. 9(2)(a) GDPR and there is no other legal basis for the processing. The data subject objects to the processing pursuant to Article 21(1) GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) GDPR. The personal data have been processed unlawfully. The erasure of the personal data is necessary for compliance with a legal obligation under Union or Member State law to which the controller is subject. The personal data has been collected in relation to information society services offered pursuant to Article 8(1) GDPR. If one of the aforementioned reasons applies, and a data subject wishes to arrange for the deletion of personal data stored by ]Poseidon GmbH & Co KGaA, he or she may, at any time, contact Poseidon GmbH & Co KGaA. Poseidon GmbH & Co KGaA will arrange for the deletion request to be complied with immediately.
e) Right to restriction of processing Any person affected by the processing of personal data has the right, granted by the European Union legislator, to obtain from the controller the restriction of processing if one of the following conditions is met: the processing is unlawful, and the data subject objects to the erasure of the personal data and instead requests the restriction of the use of the personal data. The controller no longer needs the personal data for the purposes of the processing, but the data subject needs it for the assertion, exercise or defense of legal claims. The data subject has objected to the processing pursuant to Article 21 (1) of the GDPR and it is not yet clear whether the legitimate grounds of the controller override those of the data subject. If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of personal data stored by the Poseidon GmbH & Co KGaA, he or she may, at any time, contact Poseidon GmbH & Co KGaA.
f) Right to data portability: any data subject concerned by the processing of personal data has the right, granted by the European Directives and Regulations, to obtain personal data concerning him or her, which has been provided by the data subject to a controller, in a structured, commonly used and machine-readable format. He or she also has the right to transmit this data to another controller without hindrance from the controller to whom the personal data have been provided, provided that the processing is based on consent pursuant to Article 6(1)(a) of the GDPR or Article 9(2)(a) of the GDPR or on a contract pursuant to Article 6(1)(b) of the GDPR and the processing is carried out by automated means, unless the processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller. Furthermore, when exercising the right to data portability pursuant to Article 20(1) of the GDPR, the data subject shall have the right to obtain personal data transferred directly from one controller to another controller where technically feasible and provided that this does not adversely affect the rights and freedoms of other individuals. In order to assert the right to data portability, the data subject may at any time contact Poseidon GmbH & Co KGaA.
g) Right to object: any person affected by the processing of personal data has the right granted by the European Directive and Regulation to object at any time, on grounds relating to his or her particular situation, to the processing of personal data concerning him or her which is carried out on the basis of Article 6(1)(e) or (f) GDPR. This also applies to profiling based on these provisions. Poseidon GmbH & Co KGaA shall no longer process the personal data in the event of the objection; however, this shall not affect the protection of personal data. If Poseidon GmbH & Co KGaA processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data for such marketing. This also applies to profiling insofar as it is related to such direct marketing. If the data subject objects to Poseidon GmbH & Co KGaA to the processing for direct marketing purposes, Poseidon GmbH & Co KGaA will no longer process the personal data for these purposes. In addition, the data subject has the right, on grounds relating to his or her particular situation, to object to processing of personal data concerning him or her which is carried out by the Poseidon GmbH & Co KGaA for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) GDPR, unless such processing is necessary for the performance of a task carried out in the public interest. In order to exercise the right to object, the data subject may directly contact Poseidon GmbH & Co KGaA. The data subject is also free to exercise his/her right to object by means of automated procedures using technical specifications in connection with the use of information society services, notwithstanding Directive 2002/58/EC.
(h) Automated decisions on a case-by-case basis, including profiling: every data subject concerned by the processing of personal data shall have the right, granted by the European Directive and the Regulation, not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her, unless the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and the controller, or (2) is permitted by Union or Member State law to which the controller is subject and that law contains suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, or (3) is made with the data subject's explicit consent. If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and the data controller, or (2) is made with the data subject's explicit consent, the Poseidon GmbH & Co KGaA shall implement suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, which include at least the right to obtain the intervention of a data subject on the part of the controller, to express his or her point of view, and to contest the decision. If the data subject wishes to exercise the rights concerning automated decisions, he or she may, at any time, contact Poseidon GmbH & Co KGaA.
i) Right to withdraw consent granted under data protection law: any data subject concerned by the processing of personal data has the right, granted by the European Directives and Regulations, to withdraw his or her consent to the processing of personal data at any time. If the data subject wishes to exercise the right to withdraw the consent, he or she may, at any time, contact Poseidon GmbH & Co KGaA.
§11 Data protection for applications and in the application process
Poseidon GmbH & Co KGaA collects and processes the personal data of applicants for the purpose of handling the application process. The processing may also take place electronically. This is the case, in particular, if an applicant submits corresponding application documents to the controller by electronic means, for example, by e-mail or via a web form located on the website. If the controller concludes an employment contract with an applicant, the transmitted data will be stored for the purpose of processing the employment relationship in compliance with the statutory provisions. If the controller does not conclude an employment contract with the applicant, the application documents will be automatically deleted two months after notification of the rejection decision, provided that no other legitimate interests of the controller conflict with such deletion. Other legitimate interest in this sense is, for example, a duty to provide evidence in proceedings under the General Equal Treatment Act (AGG).
§12 Legal basis of 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 for the performance of a contract to which the data subject is a party, as is the case, for example, with processing operations that are necessary for a delivery of goods or the provision of another service or consideration, the processing is based on Art. 6 I lit. b GDPR. The same applies to such processing operations that are necessary for the implementation of pre-contractual measures, for example in cases of inquiries about our products or services. If our company is subject to a legal obligation by which a processing of personal data becomes necessary, such as for the fulfillment of tax obligations, the processing is based on Art. 6 I lit. c GDPR. In rare cases, the processing of personal data might become necessary to protect vital interests of the data subject or another natural person. This would be the case, for example, if a visitor were to be injured on our premises and as a result his or her name, age, health insurance data 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. Finally, 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 protect a legitimate interest of our company or a third party, provided that the interests, fundamental rights, and freedoms of the data subject are not overridden. Such processing operations are permitted to us in particular because they have been specifically mentioned by the European legislator. In this respect, it 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).
§13 Legitimate interests in processing pursued by the controller or a third party: if the processing of personal data is based on Article 6 I lit. f GDPR, our legitimate interest is the performance of our business activities for the benefit of the well-being of all our employees and our shareholders.
§14 Legal or contractual requirements to provide the personal data. Necessity for the conclusion of the contract; obligation of the data subject to provide the personal data and possible consequences of non-provision. We inform you that the provision of personal data is sometimes required by law or may also result from our contractual regulations. Sometimes, in order to conclude a contract, it may be necessary for a data subject to provide us with personal data that must subsequently be processed by us. For example, the data subject is obliged to provide us with personal data if Poseidon GmbH & Co KGaA concludes a contract with him or her. Failure to provide the personal data would mean that the contract with the data subject could not be concluded. The contract is concluded by consenting to the general terms and conditions of Poseidon GmbH & Co KGaA.
§15 Existence of automated decision-making. As a responsible company, we do not use automated decision-making or profiling.