Privacy policy

1) Introduction and Contact Information of the Data Controller

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, 22767 Hamburg, Germany, Tel.: +49 (0) 40 317 953 94, E-Mail: shop@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) Data Collection When Visiting Our Website

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:

  • Our visited website
  • Date and time of access
  • Amount of data transmitted in bytes
  • Source/reference from which you accessed the page
  • Browser used
  • Operating system used
  • IP address used (if applicable: in anonymized form)

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.

3) Hosting & Content-Delivery-Network

Shopify

We use the system of the following provider to host our website and display content: Shopify International Limited, Victoria Buildings, 2nd Floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland ("Shopify")

Data is also transmitted to: Shopify Inc., 150 Elgin St, Ottawa, ON K2P 1L4, Canada

All data collected on our website is processed on the provider's servers. We have concluded 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 Canada, an adequate level of data protection is ensured by an adequacy decision of the European Commission.

4) Cookies

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.

5) Contacting Us

5.1 Shopify Inbox

This website uses the live chat system provided by: Shopify International Limited, Victoria Buildings, 2nd Floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland

Any personal data transmitted via the chat is processed in accordance with Art. 6(1)(b) GDPR for contract initiation or execution, or Art. 6(1)(f) GDPR based on our legitimate interest in providing effective customer support.
Your transmitted data will be deleted, subject to statutory retention periods, once the matter has been fully resolved.

Data is also transmitted to: Shopify Inc., 150 Elgin St, Ottawa, ON K2P 1L4, Canada

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 Canada, an adequate level of data protection is ensured by an adequacy decision of the European Commission.

5.2 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.

5.3 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.

6) Data Processing for Account Creation

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.

7) Use of Customer Data for Direct Advertising

7.1 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.

7.2 Shopify Email

Our email newsletters are sent through the following provider: Shopify International Limited, Victoria Buildings, 2nd Floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland

Data is also transmitted to: Shopify Inc., 150 Elgin St, Ottawa, ON K2P 1L4, Canada

We transfer your data to this provider based on our legitimate interest in effective and user-friendly newsletter marketing in accordance with Art. 6(1)(f) GDPR.

With your explicit consent in accordance with Art. 6(1)(a) GDPR, the provider may also perform statistical analysis of newsletter campaigns using web beacons or tracking pixels in the sent emails, measuring opening rates and specific interactions with the content. Information such as device details (e.g., time of access, IP address, browser type, and operating system) may be collected and analyzed, but not combined with other data.

You can revoke your consent to newsletter tracking at any time with effect for the future.

We have a data processing agreement with the provider to protect our website visitors' data and prevent unauthorized sharing with third parties.

For data transfers to Canada, an adequate level of data protection is ensured by an adequacy decision of the European Commission.

7.3 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.

8) Data Processing for Order Fulfillment

8.1 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.

8.2 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.

8.3 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.
- Shopify Payments

On this website, one or more online payment methods are available through the following provider: Shopify International Limited, Victoria Buildings, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland

If you select a payment method from this provider (e.g., credit card payment), 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.

9) Web Analytics Services

Matomo

This website uses a web analytics service provided by: InnoCraft Ltd., 150 Willis St, 6011 Wellington, New Zealand ("Matomo")

Pseudonymized user profiles may be created and analyzed for the same purpose. Cookies may be used for this purpose. Cookies are small text files stored locally in the browser’s cache. Cookies allow the recognition of the web browser. If data collected by the Matomo technology (including your pseudonymized IP address) is transferred to and processed on Matomo servers in New Zealand for analysis, we inform you that the European Commission has issued an adequacy decision for New Zealand, confirming compliance with European data protection standards for international data transfers.

The pseudonymized information generated by the cookie will not be used to personally identify visitors to this website and will not be combined with other data related to the bearer of the pseudonym.
If data is also transferred to the provider’s servers and the web analytics service is not hosted locally on our server, 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.

All processing described above, including the setting of cookies for reading information on your device, is carried out only if you have given us your explicit consent in accordance with Art. 6(1)(a) GDPR. Without this consent, Matomo will not be used during your visit to our website.

You can withdraw your consent at any time with future effect. To withdraw your consent, please deactivate this service in the "cookie consent tool" provided on the website.

10) Retargeting/Remarketing and Conversion Tracking

Google Ads Conversion Tracking

This website uses the online advertising program "Google Ads" and Google Ads conversion tracking provided 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 through Google Ads. We can determine how successful individual advertising measures are by using data from the advertising campaigns. Our goal is to display ads that are of interest to you, make our website more interesting, and ensure a fair calculation of advertising costs.

A conversion tracking cookie is set when a user clicks on a Google Ads ad. Cookies are small text files stored on your device. These cookies usually expire after 30 days and are not intended to personally identify users. 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. Therefore, cookies cannot be tracked across websites of different Google Ads customers. The information collected using the conversion cookie is used to create conversion statistics for Google Ads customers who have opted for conversion tracking. Customers receive 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 any information that personally identifies users. During the use of Google Ads, personal data may also be transmitted to Google LLC's servers in the USA.

Details on data 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, including the setting of cookies for reading information on your device, is carried out only if you have given us your explicit consent in accordance with Art. 6(1)(a) GDPR. You can withdraw your consent at any time with future effect 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 plugin available at the following link:
https://www.google.com/settings/ads/plugin?hl=de

Please note that certain features of this website may not function or may be limited if you disable the use of cookies.
Google's privacy policy can be found here: https://www.google.de/policies/privacy/

For data transfers to the USA, the provider has joined the EU-US Data Privacy Framework, ensuring compliance with European data protection standards based on an adequacy decision by the European Commission.

11) Tools and Miscellaneous

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) Rights of the Data Subject

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:

  • Right of access in accordance with Art. 15 GDPR;
  • Right to rectification in accordance with Art. 16 GDPR;
  • Right to erasure in accordance with Art. 17 GDPR;
  • Right to restriction of processing in accordance with Art. 18 GDPR;
  • Right to notification in accordance with Art. 19 GDPR;
  • Right to data portability in accordance with Art. 20 GDPR;
  • Right to withdraw consent in accordance with Art. 7(3) GDPR;
  • Right to lodge a complaint in accordance with Art. 77 GDPR.

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.

13) Duration of Storage of Personal Data

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.