Data protection declaration
This data protection declaration informs you about the nature, scope and purpose of the processing of personal data (hereinafter referred to as “data”) within our online offer and the websites, functions and content associated with it, as well as external online presences, such as our social media profiles. (hereinafter collectively referred to as “Online Offer”). Excluded from this is our online shop, which can be reached at https://shop.sea-watch.org/, as this has a separate data protection declaration.
With regard to the terms used, such as “processing” or “person responsible”, we refer to the definitions in Article 4 of the General Data Protection Regulation (GDPR).
Board of Directors:
Data Protection Officer & Data Protection Manager
In data protection matters represents us:
Mr. Henning Wehming
10719 Berlin, Germany
Telephone: 030 – 51 63 50 30
- types of data processed:
Inventory data (e.g., names, addresses).
Contact data (e.g., e-mail, telephone numbers).
Content data (e.g., text entries, photographs, videos).
Usage data (e.g., web pages visited, interest in content, access times).
Meta/communication data (e.g., device information, IP addresses).
Account data (e.g. IBAN / BIC for sponsor membership form or donation form).
- categories of data subjects
Visitors and users of the online offer (hereinafter we also refer to the data subjects collectively as “users”).
- 4. Purpose of the processing
Provision of the online offer, its functions and contents.
Answering contact requests and communicating with users.
- terms used
“Personal data” means 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 (e.g. cookie) or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
“Processing” means any operation or set of operations which is performed upon personal data, whether or not by automatic means. The term is broad and covers virtually any handling of data.
Controller” means 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.
- 6. Relevant legal basis
- Cooperation with processors and third parties
If, in the course of our processing, we disclose data to other persons and companies (processors or third parties), transmit it to them or otherwise grant them access to the data, this will only be done on the basis of a legal permission (e.g. if a transmission of data to third parties, such as payment service providers, is necessary for the performance of the contract pursuant to Art. 6 (1) lit. b DSGVO), you have consented, a legal obligation provides for this or on the basis of our legitimate interests (e.g. when using agents, web hosts, etc.).
If we commission third parties with the processing of data on the basis of a so-called “order processing agreement”, this is done on the basis of Art. 28 DSGVO.
- Transfers to third countries
If we process data in a third country (i.e. outside the European Union (EU) or the European Economic Area (EEA)) or if this is done in the context of using third-party services or disclosing or transferring data to third parties, this is only done if it is done to fulfil our (pre-)contractual obligations, on the basis of your consent, due to a legal obligation or on the basis of our legitimate interests. Subject to legal or contractual permissions, we only process or allow the processing of data in a third country if the special requirements of Art. 44 ff. DSGVO are met. This means, for example, that the processing is carried out on the basis of special guarantees, such as the officially recognised determination of a level of data protection corresponding to that of the EU (e.g. for the USA through the “Privacy Shield”) or compliance with officially recognised special contractual obligations (so-called “standard contractual clauses”).
9. rights of the data subjects
(1) Right to information pursuant to Art. 15 of the General Data Protection Regulation.
You may request information as to whether personal data has been processed. If this is the case, you will receive information about the personal data processed and, if necessary, further information in accordance with Art. 15 of the General Data Protection Regulation.
(2) Right to rectification in accordance with Art. 16 of the General Data Protection Regulation.
You may request that inaccurate personal data concerning you be corrected without delay. This may also include the completion of incomplete personal data.
(3) Right to erasure pursuant to Art. 17 of the General Data Protection Regulation (“right to be forgotten”).
You may request that personal data relating to you be deleted without delay if the conditions set out in Art. 17 of the GDPR are met.
(4) Right to restriction of processing pursuant to Art. 18 of the General Data Protection Regulation.
You have the right to request the restriction of the processing of data relating to you if the conditions set out in Art. 18 of the Data Protection Regulation apply.
(5) Right to data portability pursuant to Art. 20 of the GDPR.
You have the right to receive the personal data concerning you that you have provided to us in a structured, common and machine-readable format and you have the right to transfer this data to another controller, provided that the legal requirements are met.
(6) Right to object in accordance with Art. 21 of the General Data Protection Regulation.
For reasons arising from your particular situation, you may object at any time to the processing of personal data concerning you which is carried out on the basis of Article 6(1)(e) or (f) of the General Data Protection Regulation.
(7) Right to revoke a granted consent
You have the right to withdraw your consent to the processing of personal data at any time.
(8) Right to complain
If you are of the opinion that we have not complied with data protection regulations when processing your data, you may lodge a complaint with
Berlin Commissioner for Data Protection and Freedom of Information
Entrance: Alt-Moabit 60
Phone: +49 30 13889-0
Fax: +49 30 2155050
- Cookies and the right to object to direct advertising
Cookies” are small files that are stored on the user’s computer. Different information can be stored within the cookies. A cookie is primarily used to store the details of a user (or the device on which the cookie is stored) during or after his or her visit to an online offer. Temporary cookies, or “session cookies” or “transient cookies”, are cookies that are deleted after a user leaves an online offer and closes his/her browser. For example, the contents of a shopping basket in an online shop or a login jam can be stored in such a cookie. Permanent” or “persistent” cookies are cookies that remain stored even after the browser has been closed. For example, the login status can be saved if the user visits the site after several days. Likewise, the interests of the user can be stored in such a cookie, which is used for range measurement or marketing purposes. Third-party cookies” are cookies that are offered by providers other than the person responsible for operating the online offer (otherwise, if they are only their cookies, they are referred to as “first-party cookies”).
If users do not want cookies to be stored on their computer, they are asked to deactivate the corresponding option in the system settings of their browser. Stored cookies can be deleted in the system settings of the browser. The exclusion of cookies can lead to functional restrictions of this online offer.
- Deletion of data
The data processed by us will be deleted or restricted in its processing in accordance with Articles 17 and 18 DSGVO. Unless expressly stated within the scope of this data protection declaration, the data stored by us will be deleted as soon as they are no longer required for their intended purpose and the deletion does not conflict with any statutory retention obligations. If the data is not deleted because it is required for other and legally permissible purposes, its processing will be restricted. I.e. the data is blocked and not processed for other purposes. This applies, for example, to data that must be retained for reasons of commercial or tax law.
According to legal requirements in Germany, data is stored for 6 years in accordance with § 257 para. 1 HGB (commercial books, inventories, opening balance sheets, annual financial statements, commercial letters, accounting vouchers, etc.) and for 10 years in accordance with § 147 para. 1 AO (books, records, management reports, accounting vouchers, commercial and business letters, documents relevant for taxation, etc.).
According to legal requirements in Austria, storage is in particular for 7 years pursuant to § 132 para. 1 BAO (accounting records, vouchers/invoices, accounts, receipts, business papers, statement of income and expenditure, etc.), for 22 years in connection with real property and for 10 years for documents in connection with electronically provided services, telecommunications, radio and television services provided to non-entrepreneurs in EU Member States and for which the Mini-One-Stop-Shop (MOSS) is used.
- business-related processing
In addition, we process
Contract data (e.g., subject matter of contract, term, customer category, sponsoring membership).
Payment data (e.g., bank details, payment history)
of our customers, prospective customers and business partners for the purpose of providing contractual services (e.g. sponsoring memberships), service and customer care, marketing, advertising and market research.
- Lobby Register
Sea-Watch e.V. is subject to the LobbyRG, which came into force on 1 January 2022.
According to § 3 para. 1 no. 7 LobbyRG, Sea-Watch e.V. is obliged to disclose information on donations received in increments of 10,000 Euros, provided that an amount of 20,000 Euros or the total value of 20,000 Euros in relation to one donor is exceeded in one calendar year. This obligation applies to donations to Sea-Watch e.V. since 1 January 2022. The information includes the name or company of the donor, the place of residence or registered office of the donor and whether the donation is in cash or in kind. The name of the donor is published in the lobby register (lobbyregister.bundestag.de). In the case of legal entities, the registered office is also published.
The provision of information on donations received in the Lobby Register is lawful pursuant to Article 6(1)(c) of the General Data Protection Regulation (GDPR), as the transmission fulfils a legal obligation prescribed by the LobbyRG. Sea-Watch e.V. does not make use of the possibility of refusing to provide donation-related information, which the LobbyRG provides for in principle.
The hosting services used by us serve to provide the following services: Infrastructure and platform services, computing capacity, storage space and database services, security services and technical maintenance services, which we use for the purpose of operating this online offer.
In doing so, we or our hosting providers process inventory data, contact data, content data, contract data, usage data, meta data and communication data of customers, interested parties and visitors of this online offer on the basis of our legitimate interests in an efficient and secure provision of this online offer pursuant to Art. 6 para. 1 lit. f DSGVO in conjunction with Art. 28 DSGVO (conclusion of a contract). Art. 28 DSGVO (conclusion of order processing contract).
- Collection of access data and log files
We, or rather our hosting provider, collect on the basis of our legitimate interests within the meaning of Art. 6 para. 1 lit. f. DSGVO, we or our hosting provider collect data about each access to the server on which this service is located (so-called server log files). The access data includes the name of the website accessed, file, date and time of access, amount of data transferred, notification of successful access, browser type and version, the operating system of the user, referrer URL (the previously visited page), IP address and the requesting provider.
Log file information is stored for security reasons (e.g. for the clarification of abuse or fraud) for a maximum of 7 days and then deleted. Data whose further storage is required for evidentiary purposes is exempt from deletion until the respective incident is finally clarified.
- Administration, financial accounting, office organisation, contact management.
We process data in the context of administrative tasks as well as organisation of our operations, financial accounting and compliance with legal obligations, such as archiving. In doing so, we process the same data that we process in the course of providing our contractual services. The processing bases are Art. 6 para. 1 lit. c. DSGVO, Art. 6 para. 1 lit. f. DSGVO. Customers, interested parties, business partners and website visitors are affected by the processing. The purpose and our interest in the processing lies in the administration, financial accounting, office organisation, archiving of data, i.e. tasks that serve the maintenance of our business activities, the performance of our tasks and the provision of our services. The deletion of data with regard to contractual services and contractual communication corresponds to the information mentioned in these processing activities.
In this context, we disclose or transmit data to the tax authorities, consultants such as tax advisors or auditors as well as other fee offices and payment service providers.
Furthermore, we store information on suppliers, organisers and other business partners on the basis of our business interests, e.g. for the purpose of contacting them at a later date. This data, most of which is company-related, is stored permanently.
- registration function
Users can optionally create a user account. During the registration process, users are provided with the required mandatory data. The data entered during registration is used for the purpose of using the service. Users can be informed by e-mail about information relevant to the offer or registration, such as changes to the scope of the offer or technical circumstances. If users have cancelled their user account, their data relating to the user account will be deleted, subject to its retention being necessary for reasons of commercial or tax law in accordance with Art. 6 para. 1 lit. c DSGVO. It is the responsibility of the users to save their data in the event of termination before the end of the contract. We are entitled to irretrievably delete all of the user’s data stored during the term of the contract.
When using our registration and login functions as well as the user accounts, we store the IP address and the time of the respective use. The storage is based on our legitimate interests as well as those of the users in protection against misuse and other unauthorised use. This data is not passed on to third parties unless it is necessary for the prosecution of our claims or there is a legal obligation to do so in accordance with Art. 6 Para. 1 lit. c DSGVO. The IP addresses are anonymised or deleted after 7 days at the latest.
- Contacting us
When contacting us (e.g. via contact form, email, telephone or social media), the user’s details are processed for the purpose of handling the contact request and its processing in accordance with Art. 6 Para. 1 lit. b) DSGVO. The user’s details may be stored in a customer relationship management system (“CRM system”) or comparable enquiry organisation.
We delete the requests if they are no longer necessary. We review the necessity every two years; furthermore, the legal archiving obligations apply.
- comment subscriptions
The follow-up comments can be subscribed to by users with their consent in accordance with Art. 6 Para. 1 lit. a DSGVO. Users will receive a confirmation email to verify that they are the owner of the email address entered. Users can unsubscribe from ongoing comment subscriptions at any time. The confirmation email will contain information on how to unsubscribe.
With the following information, we inform you about the contents of our newsletter as well as the registration, dispatch and statistical evaluation procedure and your rights of objection with regard to it. By subscribing to our newsletter, you agree to receive it and to the procedures described.
(1) Content of the newsletter
We send newsletters, e-mails and other electronic notifications with advertising information (hereinafter “newsletter”) only with the consent of the recipients or a legal permission. Insofar as the contents of the Newsletter are specifically described in the context of a registration, they are decisive for the consent of the users. Otherwise, our newsletters contain information about our services and us.
(2) Double opt-in and logging
Registration for our newsletter takes place in a so-called double opt-in procedure. This means that after registration you will receive an e-mail in which you are asked to confirm your registration. This confirmation is necessary so that no one can register with other people’s e-mail addresses. The registrations for the newsletter are logged in order to be able to prove the registration process in accordance with the legal requirements. This includes the storage of the registration and confirmation time as well as the IP address. Changes to your data stored with the dispatch service provider are also logged.
(3) Registration data
To register for the newsletter, it is sufficient to enter your e-mail address. Optionally, we ask you to enter a name for the purpose of a personal address in the newsletter.
(4 ) Dispatch within Germany
The newsletter is sent and its success measured on the basis of the recipients’ consent pursuant to Art. 6 Para. 1 lit. a, Art. 7 DSGVO in conjunction with § 7 Para. 2 No. 3 UWG or on the basis of legal permission pursuant to § 7 Para. 3 UWG.
(5) Logging of the registration process
The logging of the registration process is based on our legitimate interests in accordance with Art. 6 Para. 1 lit. f DSGVO. Our interest is directed towards the use of a user-friendly and secure newsletter system that serves our business interests as well as the expectations of the users and also allows us to prove consent.
(6) Cancellation/revocation –
You can cancel the receipt of our newsletter at any time, i.e. revoke your consent. You will find a link to cancel the newsletter at the end of each newsletter. We may store unsubscribed email addresses for up to three years on the basis of our legitimate interests before deleting them for the purposes of sending newsletters in order to be able to prove consent previously given. The processing of this data is limited to the purpose of a possible defence against claims. An individual deletion request is possible at any time, provided that the former existence of consent is confirmed at the same time.
- Newsletter – Dispatch service provider
The dispatch service provider may use the data of the recipients in pseudonymous form, i.e. without assignment to a user, to optimise or improve its own services, e.g. to technically optimise the dispatch and presentation of the newsletter or for statistical purposes. However, the dispatch service provider does not use the data of our newsletter recipients to write to them itself or to pass the data on to third parties.
- Newsletter – performance measurement
The newsletters contain a so-called “web beacon”, i.e. a pixel-sized file that is retrieved from our server when the newsletter is opened, or if we use a dispatch service provider, from their server. Within the scope of this retrieval, technical information, such as information on the browser and your system, as well as your IP address and the time of the retrieval are initially collected.
This information is used for the technical improvement of the services based on the technical data or the target groups and their reading behaviour based on their retrieval locations (which can be determined with the help of the IP address) or the access times. Statistical surveys also include determining whether newsletters are opened, when they are opened and which links are clicked. For technical reasons, this information can be assigned to the individual newsletter recipients. However, it is neither our intention nor, if used, that of the dispatch service provider to observe individual users. The analyses serve us much more to recognise the reading habits of our users and to adapt our content to them or to send different content according to the interests of our users.
- Google Analytics
Google is certified under the Privacy Shield agreement and thus offers a guarantee of compliance with European data protection law (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).
Google will use this information on our behalf for the purpose of evaluating your use of our website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Pseudonymous user profiles of the users can be created from the processed data.
We only use Google Analytics with IP anonymisation activated. This means that the IP address of the user is 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 transferred to a Google server in the USA and shortened there.
The IP address transmitted by the user’s browser will not be merged with other Google data. Users can prevent the storage of cookies by setting their browser software accordingly; users can also prevent the collection of the data generated by the cookie and related to their use of the online offer by Google and the processing of this data by Google by downloading and installing the browser plugin available at the following link: http://tools.google.com/dlpage/gaoptout?hl=de.
For more information on Google’s use of data, settings and opt-out options, please visit Google’s websites: https://www.google.com/intl/de/policies/privacy/partners (“Google’s use of data when you use our partners’ websites or apps”), https://www.google.com/policies/technologies/ads(“Use of data for advertising purposes”), https://www.google.de/settings/ads (“Manage the information Google uses to serve you ads”).
- Facebook Pixel, Custom Audiences and Facebook Conversion
Within our online offer, the so-called “Facebook pixel” of the social network Facebook, which is operated by Facebook Inc., 1 Hacker Way, Menlo Park, CA 94025, USA, or if you are a resident of the EU, Facebook Ireland Ltd, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland (“Facebook”), is used due to our legitimate interests in the analysis, optimisation and economic operation of our online offer and for these purposes.
Facebook is certified under the Privacy Shield Agreement and thereby offers a guarantee of compliance with European data protection law (https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active).
With the help of the Facebook pixel, it is possible for Facebook to determine the visitors to our online offer as a target group for the display of advertisements (so-called “Facebook ads”). Accordingly, we use the Facebook pixel to display Facebook ads only to Facebook users who have also shown an interest in our online offer or who have certain characteristics (e.g. interests in certain topics or products, which are determined on the basis of the websites visited) that we transmit to Facebook (so-called “Custom Audiences”). With the help of the Facebook pixel, we also want to ensure that our Facebook ads correspond to the potential interest of the users and do not have a harassing effect. With the help of the Facebook pixel, we can also track the effectiveness of the Facebook ads for statistical and market research purposes by seeing whether users were redirected to our website after clicking on a Facebook ad (so-called “conversion”).
The processing of the data by Facebook takes place within the framework of Facebook’s data usage policy. Accordingly, general information on the display of Facebook ads, in Facebook’s data usage policy: https://www.facebook.com/policy.php. Specific information and details about the Facebook Pixel and how it works can be found in Facebook’s help section: https://www.facebook.com/business/help/651294705016616.
You can opt-out of the Facebook Pixel’s collection and use of your data to display Facebook Ads. To set which types of ads are displayed to you within Facebook, you can visit the page set up by Facebook and follow the instructions there on the settings for usage-based advertising: https://www.facebook.com/settings?tab=ads. The settings are platform independent, i.e. they are applied to all devices, such as desktop computers or mobile devices.
- Online presence in social media
We maintain online presences within social networks and platforms in order to communicate with the customers, interested parties and users active there and to inform them about our services. When accessing the respective networks and platforms, the terms and conditions and data processing guidelines of their respective operators apply.
Unless otherwise stated in our data protection declaration, we process the data of users if they communicate with us within the social networks and platforms, e.g. write posts on our online presences or send us messages.
- Integration of third-party services and content
Within our online offer, we use content or service offers of third party providers on the basis of our legitimate interests (i.e. interest in the analysis, optimisation and economic operation of our online offer within the meaning of Art. 6 para. 1 lit. f. DSGVO). DSGVO), in order to integrate their content and services, such as videos or fonts (hereinafter uniformly referred to as “content”).
This always requires that the third-party providers of this content are aware of the IP address of the user, as without the IP address they would not be able to send the content to the user’s browser. The IP address is therefore necessary for the display of this content. We endeavour to only use content whose respective providers only use the IP address to deliver the content. Third-party providers may also use so-called pixel tags (invisible graphics, also known as “web beacons”) for statistical or marketing purposes. The pixel tags can be used to analyse 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 contain, among other things, technical information about the browser and operating system, referring websites, time of visit and other information about the use of our online offer, as well as being linked to such information from other sources.
Our website uses social media plugins or widgets from Walls.io. When these plugins are called up, the IP address and cookie information are transmitted to Walls.io. Walls.io is operated by “Die Socialisten” Social Software Development GmbH in Vienna, Austria.
- Google Fonts
We use the tool “Zoom” to conduct online events. “Zoom” is a service provided by Zoom Video Communications, Inc, 55 Almaden Blvd, Suite 600, San Jose, CA 95113, USA. Data protection declaration: https://explore.zoom.us/de/privacy/
If you access the “Zoom” website, the provider of “Zoom” is responsible for data processing. However, accessing the website is only necessary to use “Zoom” in order to download the software for using “Zoom”.
You can also use “Zoom” if you enter the respective meeting ID and, if applicable, further access data for the meeting directly in the “Zoom” app.
If you do not want to or cannot use the “Zoom” app, the basic functions can also be used via a browser version, which you can also find on the “Zoom” website.
If we want to record online events, we will inform you transparently in advance and – if necessary – ask for your consent. The fact of the recording will also be displayed to you in the “Zoom” app.
- Use of Facebook social plugins
We use social plugins (“plugins”) of the social network facebook.com, which is operated by Facebook Ireland Ltd, Grand Canal Square, Grand Canal Harbour. DSGVO) social plugins (“plugins”) of the social network facebook.com, which is operated by Facebook Ireland Ltd, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland (“Facebook”). The plugins can display interaction elements or content (e.g. videos, graphics or text contributions) and are recognisable by one of the Facebook logos (white “f” on a 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 Facebook social plugins can be viewed here: https://developers.facebook.com/docs/plugins/.
Facebook is certified under the Privacy Shield agreement and thereby offers a guarantee of compliance with European data protection law (https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active).
When a user calls up a function of this online offer that contains such a plugin, his/her device establishes a direct connection with the Facebook servers. The content of the plugin is transmitted by Facebook directly to the user’s device and integrated into the online offer by the latter. In the process, user profiles of the users can be created from the processed data. We therefore have no influence on the scope of the data that Facebook collects with the help of this plugin and therefore inform users according to our level of knowledge.
By integrating 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/her Facebook account. If users interact with the plugins, for example by clicking the Like button or posting a comment, the corresponding information is transmitted directly from their device 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 store their IP address. According to Facebook, only an anonymised IP address is stored in Germany.
If a user is a Facebook member and does not want Facebook to collect data about him/her via this online offer and link it to his/her membership data stored on Facebook, he/she must log out of Facebook and delete his/her cookies before using our online offer. Further settings and objections to 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 site https://optout.aboutads.info/ the EU site https://www.youronlinechoices.com/. The settings are platform-independent, i.e. they are applied to all devices, such as desktop computers or mobile devices.