Privacy statements 

Thank you for your interest in our company and the RoboMark Technology. Data protection is of particular importance to the management of Swiss Performance Sailing GmbH.

The processing of personal data is carried out in accordance with the General Data Protection Regulation (GDPR) and in accordance with the country-specific data protection regulations applicable to Swiss Performance Sailing GmbH, in particular with Swiss data protection law. With this data protection declaration, our company informs the public about type, scope and purpose of the personal data collected, used and processed. Furthermore, the data protection declaration informs data subjects about their rights.

As controller, Swiss Performance Sailing GmbH has implemented numerous technical and organizational measures to ensure the protection of personal data processed on this website as complete as possible. Nevertheless, security vulnerabilities affecting data transfers are possible and an absolute protection can therefore not be guaranteed. Therefore, any person concerned has the possibility to transfer its personal data in an alternative way, for example by phone.
 

1. DEFINITIONS

Data protection law regulates the processing of personal data. Personal data is any information that can be associated with a particular natural person (human being). This includes, for example, the following information:

  • Contact details, e.g. surname, first name, postal address, e-mail address, phone number
  • Further personal details, e.g. sex, age, marital status, nationality, passport details etc. 

In addition, under Swiss data protection law, information regarding a particular legal entity (e.g. information about a contract with a company or an institution) is also considered as personal data. However, information regarding contact persons of a legal entity (e.g. the phone number and e-mail address of the contact person of the marketing department) is considered as personal data of a natural person.
 

2. NAME AND ADDRESS OF THE CONTROLLER

Controller according to GDPR:

Swiss Performance Sailing GmbH
Staatsstrasse 101
3626 Hünibach
Switzerland

E-Mail: [email protected]

 

3. COLLECTION, PROCESSING AND USE OF PERSONAL DATA

3.1 WHEN VISITING OUR WEBSITE

When you visit our website, our servers (Hostgator) temporarily store each access in a log file. The following data is collected and stored, without any action on your part, until it is automatically deleted:

– the IP address of the requesting computer

– date and time of access

– name and URL of the data retrieved

– the website from which our domain was accessed

– the operating system of your computer and the browser used

– country from which the user accessed 

The collection and processing of these data is generally done in anonymised form without any personal link for the purpose of facilitating the usage of the website (establishment of the connection), to guarantee the system security and stability in the long term and to optimise the internet services and for internal statistical purposes. The information mentioned above will not be linked to or saved with personal data. Only in the event of an attack against the network infrastructure of Swiss Performance Sailing GmbH or in the event of suspicion of other unauthorised or improper use of the website will the IP address be analysed for investigation and for protection and, if applicable, used in criminal proceedings for identification and for action under civil and criminal law against the respective users.

Our legitimate interest in data processing pursuant to art. 6 para. 1 lit f GDPR is to be found in the purposes described above.

 

3.2 WHEN CONTACTING US

Due to statutory requirements, Swiss Performance Sailing GmbH’s and the RoboMark website contains information that enables immediate electronic contact with our company and direct communication with us, which also includes a general address for so-called electronic mail (e-mail address). 

If you contact us via e-mail or via the contact form, your personal data will be stored automatically. Such personal data provided by you on a voluntary basis will be stored for the purposes of processing or contacting you. 

We have a legitimate interest in processing your contact enquiry within the meaning of art. 6 para. 1 lit. f GDPR. You can object to this data processing at any time.

 

3.3 REGISTRATION ON OUR WEBSITE

You have the possibility to register yourself or your product on our website by providing personal data. Which personal data is submitted depends on the respective entry field used for the registration. 

Your submitted personal data will only be collected and stored for internal use and own purposes.

When you register on the website, the IP address assigned to you by the Internet Service Provider (ISP) and the date and time of registration are also stored. This data is stored to prevent misuse of our services and, if necessary, to enable us to investigate committed criminal offences. In this regard, the storage of this data is necessary for our protection. This data will in principle not be disclosed to third parties unless disclosure is required by law or for the purpose of criminal prosecution.

The purpose of registration is to offer you content or services which, by their very nature, can only be offered to registered users. Registered persons are free to change or completely delete the personal data provided during registration at any time.

The legal basis for the data processing mentioned above is your consent pursuant to art. 6 para. 1 lit. a GDPR.

 

3.4 NEWSLETTER

You can register for our newsletter on several pages on the website. The following data is requested:

  • Your Full Name
  • E-mail address
  • Name of Yacht Club or Organization
  • Message

After entering the above information, you can activate the registration for our newsletter. We use for this purpose the double opt-in mechanism. After you sent the registration, you will receive an e-mail containing a confirmation link. To definitely subscribe to the newsletter, you are asked to confirm this link.

We use your data for the newsletter dispatch until you revoke your consent. You can revoke your consent at any time. In addition, all newsletter e-mails include an unsubscribe link.

Our newsletter may contain a web beacon or similar technical means. A web beacon is a 1×1 pixel graphic that is invisible and that is associated with the user ID of the particular newsletter subscriber.

When sending a newsletter, information regarding the used address file, the subject and the number of newsletters sent are collected. In addition, we gain information about the addresses to which the dispatch is pending, the addresses the newsletter was dispatched and the addresses to which the dispatch failed. Furthermore, we gain information about the addresses that opened the newsletter. Finally, we gain information about the addresses that unsubscribed. We use this data for statistical purposes and to optimize the newsletter in terms of content and structure. This enables us to tailor the information and offers in our newsletter to the individual interests of the recipients. When you delete the newsletter, the pixel-code will also be deleted.

To prevent the use of the web beacon in our newsletter you may change the setting of your e-mail program so that HTML is not displayed in messages. It may be the case that this setting is already activated by default.  In the following pages you will find guidance regarding the configuration of most common e-mail programs.

  • Microsoft Outlook
  • Mail for Mac (“Load remote content in messages”)

By registering to the newsletter, you give the consent to process the provided data for the regularly dispatch of the newsletter to the provided address, to statistically evaluate the usage behavior and to optimize the newsletter. This consent constitutes our legal basis to process the data for the newsletter according to art. 6 para. 1 lit. a GDPR. 

 

3.5 COOKIES

Swiss Performance Sailing GmbH’s and the RoboMark website uses cookies. Cookies are information files that a web browser automatically stores and saves to the hard disk on a computer.

Numerous websites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a string that assigns the websites and servers to the specific browser in which the cookie was stored. This enables the websites and servers visited to distinguish your browser from other browsers that contain different cookies. A particular browser can be recognized and identified by its unique cookie ID.

By using cookies, Swiss Performance Sailing GmbH can provide users of its website user-friendly services that would not be possible without the use of cookies.

Cookies help to provide the user with optimized information and offers on our website. As already mentioned, cookies also help us to recognize users of our website.  Therefore, the use of our website is easier for the user. For example, cookies prevent that you have to re-enter the access data each time you visit a website. This process is carried out automatically both by the website and the cookie stored on the user’s computer system.

You can prevent at any time that our website places cookies by adjustment of your browser settings. Thereby you may permanently object to the placement of cookies. Furthermore, cookies already placed can be deleted at any time with a browser or other software programs. This process is possible with all common internet browsers. However, if you deactivate the placement of cookies in the browser, not all functions of our website may be fully available.

On the following pages you find guidance regarding deactivation of cookies:

  • Microsoft Edge: https://privacy.microsoft.com/en-us/windows-10-microsoft-edge-and-privacy
  • Internet Explorer™: https://support.microsoft.com/en-gb/help/17442/windows-internet-explorer-delete-manage-cookies
  • Safari™: https://support.apple.com/kb/PH21411?locale=en_US&viewlocale=en_US
  • Chrome™: https://support.google.com/chrome/answer/95647?hl=en-GB&hlrm=en
  • Firefox™: https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences
  • Opera™: http://help.opera.com/Windows/10.20/en/cookies.html

 

3.6 GOOGLE ANALYTICS

For the purpose of configuring our website in line with requirements and optimizing them on a continuous basis, we use Google Analytics, a web analysis service of Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA („Google“). In this context, pseudonymised user profiles are created and small text files that are stored on your computer (“cookies”) are used. The information generated by the cookie about your use of this website such as

  • Browser type/version
  • Operating system
  • Referrer URL (the site previously visited)
  • Host name of the accessing computer (IP address)
  • Time of the server request
  • Device

are transferred to servers of Google in the USA and stored there. In the process, the IP address is shortened through the activation of the IP anonymization (“anonymizeIP”) on our website before transmission within the member states of the European Union or in signatory states to the Agreement on the European Economic Area resp. Switzerland. The anonymized IP address communicated by your browser within the framework of Google Analytics will not be merged with Google’s other data. Only in exceptional cases will the full IP address be transferred to a server belonging to Google in the USA and shortened there. In these cases, we ensure through contractual guarantees that Google complies with a sufficient level of data protection.

The information is used to analyze the use of our website in order to be able to compile reports on the website activities and in order to provider further services associated with the use of the website and the internet for the purpose of market research and configuration of these internet pages in line with requirements. This information may also be transferred to third parties if this is stipulated by law or if third parties process these data under contract. According to Google, the IP address will not be combined under any circumstances with other data relating to the user.

Users can prevent the recording of the data generated by the cookie and relating to the website usage by the respective user (incl. the IP address) to Google and the processing of these data by Google by downloading and installing the browser plug-in available under the following link:

https://tools.google.com/dlpage/gaoptout?hl=en-GB

The legal basis for this data processing lies in our legitimate interest in optimizing our website and improving our services according to art. 6 para. 1 lit. f GDPR. You can object to this data processing at any time. The process to object is described in the previous paragraph.

For the sake of completeness, we point out that US laws provide for supervision measures of US authorities in the US, which allow the general storage of all personal data transferred from the European Union and Switzerland to the USA. This happens without differentiation, limitation or exception based on the objective pursued, and without any objective criteria which would allow to restrict the access of US authorities to personal data and their subsequent use to specific, strictly limited purposes, which may justify the access to this information.

We would like to point out to users with domicile in a member State of the European Union that from the perspective of the European Union, the USA does not have a sufficient level of data protection, partly as a result of the topics referred to in this section. If we have explained in this data protection declaration that recipients of data (such as Google) have their registered office in the USA, we will ensure either through contractual provisions with these companies or by ensuring the certification of these companies under the EU-USA Privacy Shield that your data are protected at our partners with an appropriate level.

 

3.7 LINKS TO SOCIAL MEDIA PRESENCE

On our website we have integrated links to our social media profiles in social networks such as Facebook und Youtube. These are not plug-ins provided by the provider, which transmit data to the provider when the page is loaded without the user’s influence.

The symbols to the social media networks contain only a link to the social media network, including transfer to the shared website. No user data is transmitted from the website to the social media network. When you call up a link to one of our social media profiles, a direct connection is established between your browser and the server of the respective social network. The network thus receives the information that you have visited our website with your IP address and have called up the link. If you call up a link to a network whilst you are logged in to your account in the respective network, the content of our site can be linked to your profile in the network, which means that the network can assign your visit to our website directly to your user account. If you wish to prevent this, you should log out before you activate the corresponding links. An allocation is done at any rate if you log in to the respective network after activating the link.

When you click on the symbol of Facebook, you will automatically be forwarded to the RoboMark profile of Facebook Inc., 1601 S. California Ave, Palo Ave, CA 04304, USA. Information regarding the collection, storage and use of your data by Facebook Inc. can be found in the data protection guidelines of the provider: 

https://en-gb.facebook.com/about/privacy/

When you click on the symbol of Youtube, you will automatically be forwarded to the RoboMark profile of YouTube LCC., 901 Cherry Ave., San Bruno, CA 94066, USA. Information regarding the collection, storage and use of your data by Youtube can be found in the data protection guidelines of the provider:

https://www.youtube.com/static?template=terms&hl=de&gl=GB

With your click you agree to the data processing in accordance with art. 6 para. 1 lit. a GDPR. In addition, we have a legitimate interest in this data processing within the meaning of art. 6 para. 1 lit. f GDPR. Please note that we have no influence on the following data processing by the social networks. We only put a link to the social network.

 

3.8 FACEBOOK SOCIAL GRAPH / JUICER PLUGIN

The website uses the Juicer tool from Juicer LLC, 1515 7th Street #424 Santa Monica, CA 90401, to integrate a social media feed. Contributions to Swiss Performance Sailing GmbH are compiled on the website according to keywords from various social media sites to form an overview that is integrated into the website. Juicer functions as an intermediate. The communication to the social media provider takes place only through Juicer, therefore no direct exchange between the website’s plugin and other providers is carried out. The Juicer’s plugin is based on Facebook Social Graph.

Once you interact with the contents displayed, you leave our offer and the data protection guidelines of the social media providers come into force.

You can find the data protection declaration of Juicer under the following link: 

https://www.juicer.io/privacy

Juicer does not track or share with social networks any personal data about visitors of the website.

Art. 6 para. 1 lit. f GDPR constitutes the legal basis for the use of Juicer. We have a legitimate interest in updating our website with current information that has already been published on our own social media.
 

 

RIGHT TO INFORMATION:

You have the right to request free access to your personal data stored by us at any time while we process them. Therefore, you are able to check the personal data we process and that we use these data in accordance with the applicable data protection regulations.

RIGHT TO RECTIFICATION:

You have the right to request the rectification of erroneous and incomplete personal data and thereafter be informed about the rectification. In this case we will inform the recipient of the data concerned about the adjustments made, unless it is impossible or involves disproportionate effort.

RIGHT TO DELETION:

You have the right to request the deletion of your personal data under certain conditions. In certain cases, the right to deletion may be excluded.

RIGHT TO RESTRICT PROCESSING:

You have the right, under certain conditions, to demand a restriction on our processing of your personal data.

RIGHT TO DATA PORTABILITY:

You have the right, under certain circumstances, to receive from us, free of charge, the personal data that you have provided to us in a readable format.

RIGHT TO COMPLAINT:

You have the right to file a complaint with a competent supervisory authority against the manner in which your personal data are processed.

RIGHT TO REVOCATION:

You have the right to revoke your consent at any time. However, processing activities which are based on your consent in the past will not become illegal as a result of your revocation.

 

5.5 DATA SECURITY 

We use appropriate technical and organizational security measures that we deem suitable to protect your data stored by us against manipulation, partial or complete loss, or the unauthorized access by third parties. Our security measures are constantly being adjusted in accordance with technological development.

We also take our own, company-internal data protection very seriously. Our employees and the service companies commissioned by us are required to keep data confidential and to comply with the applicable data protection laws.

 

5.6 STORAGE OF DATA

We only store personal data for as long as necessary to use the said tracking services and further processing within the framework of our legitimate interests. Contractual data will be retained longer by us as this is required by statutory retention obligations. Retention obligations that require us to retain data result from accounting regulations and fiscal law. Pursuant to these provisions, business communication, concluded contracts and booking receipts are to be retained for up to 10 years. If we no longer require these data to carry out services for you, the data will be blocked. This means that the data may then only be used for accounting and tax purposes.

 

5.7 ADJUSTMENTS TO THIS DATA PROTECTION DECLARATION

This data protection declaration may be adjusted, in particular in case our data processing is amended as well as when new legislation applies.  

 

Hünibach, January 1st 2021