Privacy Policy

This data protection declaration clarifies the type, scope and purpose of the processing of personal data (hereinafter referred to as “data”) within our online offering and the websites, functions and contents connected to it, as well as external online presences, e.g. our social media profile. (hereinafter collectively referred to as the “online offer”). With regard to the terminology used, e.g. “Processing” or “responsible person”, we refer to the definitions in Art. 4 of the General Data Protection Regulation (GDPR).

Responsible:
Name: Joe Diebolder
Street: 84 Manor Road
Postal Code, City, Country: Chesterfield, England S40 1HZ, United Kingdom
E-Mail: shop@flywithcaptainjoe.com

Types of data processed:

– Inventory data (e.g., names, addresses).
– Contact details (e.g., email, phone numbers).
– Content data (e.g., text input).
– Contract data (e.g., subject of contract, term).
– Payment data (e.g. bank details, payment history).
– Usage data (e.g., websites visited, interest in content, access times).
– Meta / communication data (e.g., device information, IP addresses).

Processing of special categories of data (Art. 9 Para. 1 GDPR):

No special categories of data are processed.

Categories of data subjects:

– Customers, visitors and users
In the following, we refer to the data subjects collectively as “users”.

Purpose of processing:

– Providing the online offer, its content and shop functions.
– Provision of contractual services, service and customer care.
– Answering contact inquiries and communicating with users.
– Marketing, advertising and market research.
– Safety measures.

Stand: March 2020

1. Terms used
1.1. “Personal data” is all information that relates to an identified or identifiable natural person (hereinafter “data subject”); An identifiable person is a natural person who can be identified directly or indirectly, in particular by assigning an identifier such as a name, an identification number, location data, an online identifier (eg cookie) or one or more special features, expressing the physical, physiological, genetic, psychological, economic, cultural or social identity of this natural person.

1.2. “Processing means” any process or series of processes in connection with personal data, with or without the help of automated processes. The term goes far and covers practically every handling of data.

1.3. The “person responsible” is the natural or legal person, public authority, agency or other body that alone or together with others decides on the purposes and means of processing personal data.

2. Relevant legal bases
In accordance with Art. 13 GDPR, we will inform you of the legal basis for our data processing. Unless the legal basis is mentioned in the data protection declaration, the following applies: The legal basis for obtaining consent is Art. 6 Para. 1 lit. a and Art. 7 GDPR, the legal basis for processing for the performance of our services and implementation of contractual measures as well as answering inquiries is Art. 6 Para. 1 lit. b GDPR, the legal basis for processing to fulfill our legal obligations is Art. 6 Para. 1 lit. c GDPR, and the legal basis for processing to protect our legitimate interests is Art. 6 Para. 1 lit. f GDPR. In the event that vital interests of the data subject or another natural person require the processing of personal data, Art. 6 para. 1 lit. d GDPR serves as the legal basis.

3. Changes and updates to the data protection declaration
We ask you to inform yourself regularly about the content of our data protection declaration. We will adapt the data protection declaration as soon as the changes to the data processing carried out by us make this necessary. We will inform you as soon as the changes make it necessary to act on your part (e.g. consent) or other individual notification.

4. Security measures
4.1. In accordance with Art. 32 GDPR, we will take appropriate technical considerations, taking into account the state of the art, the implementation costs and the type, scope, circumstances and purposes of processing, as well as the different probability and severity of the risk to the rights and freedoms of natural persons and organizational measures to ensure a level of protection appropriate to the risk; The measures include, in particular, ensuring the confidentiality, integrity and availability of data by controlling the physical access to the data, as well as the access, input, transfer, securing availability and their separation. Furthermore, we have set up procedures that guarantee the exercise of data subject rights, deletion of data and reaction to data threats. We also take the protection of personal data into account when developing or selecting hardware, software and processes, in accordance with the principle of data protection through technology design and data protection-friendly default settings (Art. 25 GDPR).

4.2. The security measures include in particular the encrypted transmission of data between your browser and our server.

5. Disclosure and transmission of data
5.1. If we disclose data to other people and companies (processors or third parties) as part of our processing, transmit them to them or otherwise grant them access to the data, this will only be done on the basis of legal permission (e.g. if the data is transmitted to third parties, as to payment service providers, in accordance with Art. 6 Para. 1 b GDPR for the fulfillment of the contract), you have consented, a legal obligation provides for this or on the basis of our legitimate interests (e.g. when using agents, hosting providers, tax, business – and legal advisers, customer care, accounting, billing and similar services that allow us to efficiently and effectively fulfill our contractual, administrative and other duties).

5.2. If we commission third parties to process data on the basis of a so-called “order processing contract”, this is done on the basis of Art. 28 GDPR.

6. 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 as part of the use of third-party services or disclosure or transmission of data to third parties, this will only take place if it is carried out to fulfill our (pre) contractual obligations, based on your consent, on the basis of a legal obligation or on the basis of our legitimate interests. Subject to legal or contractual permissions, we process or have the data processed in a third country only if the special requirements of Art. 44 ff. GDPR are met. I.e. the processing takes place e.g. on the basis of special guarantees, such as the officially recognized determination of a data protection level corresponding to the EU (e.g. for the USA through the “Privacy Shield”) or compliance with officially recognized special contractual obligations (so-called “standard contractual clauses”).

7. Rights of data subjects
7.1. You have the right to request confirmation as to whether the data in question are being processed and for information about this data and for further information and a copy of the data in accordance with Art. 15 GDPR.

7.2. You have accordingly. Art. 16 DSGVO the right to request the completion of the data concerning you or the correction of the incorrect data concerning you.

7.3. In accordance with Art. 17 GDPR, you have the right to request that the data in question be deleted immediately, or alternatively, in accordance with Art. 18 GDPR, to request a restriction of the processing of the data.

7.4. You have the right to request that the data relating to you, which you have provided to us, be received in accordance with Art. 20 GDPR and to request their transmission to other responsible parties.

7.5. You have also acc. Art. 77 GDPR the right to lodge a complaint with the competent supervisory authority.

8. Right of withdrawal
You have the right to give consent in accordance with Revoke Art. 7 Para. 3 GDPR with effect for the future.

9. Right to object
You can object to the future processing of your data in accordance with Art. 21 GDPR at any time. The objection can in particular be made against processing for direct marketing purposes.

10. Cookies and right to object to direct mail
10.1. “Cookies” are small files that are stored on users’ computers. Different information can be stored within the cookies. A cookie is primarily used to store information about a user (or the device on which the cookie is stored) during or after their visit within 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 browser. In such a cookie e.g. the content of a shopping cart in an online shop or a login status can be saved. Cookies are referred to as “permanent” or “persistent” and remain saved even after the browser is closed. For example, the login status is saved if the users visit it after several days. Such a cookie can also be used to store the interests of users who are used for range measurement or marketing purposes. A “third-party cookie” refers to cookies from providers other than the person responsible for operating the online offering (otherwise, if they are only their cookies, we speak of “first-party cookies”).

10.2. We use temporary and permanent cookies and clarify this in the context of our data protection declaration.
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.

10.3. A general objection to the use of cookies used for online marketing purposes can be found on a large number of services, especially in the case of tracking, via the US website http://www.aboutads.info/choices/ or the EU website http://www.youronlinechoices.com/. Furthermore, cookies can be saved by switching them off in the browser settings. Please note that not all functions of this online offer can then be used.

11. Deletion of data
11.1. The data processed by us is deleted in accordance with Art. 17 and 18 GDPR or its processing is restricted. Unless expressly stated in 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 there are no legal storage obligations to prevent deletion. 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 will be blocked and not processed for other purposes. This applies e.g. for data that must be kept for commercial or tax law reasons.

11.2. According to legal requirements, storage is carried out in particular for 6 years in accordance with Section 257 (1) HGB (commercial books, inventories, opening balance sheets, annual accounts, commercial letters, booking receipts, etc.) and for 10 years in accordance with Section 147 (1) AO (books, records, management reports , Booking vouchers, commercial and business letters, documents relevant for taxation, etc

12. Order processing in the online shop and customer account
12.1. We process our customers’ data as part of the ordering processes in our online shop to enable them to select and order the selected products and services, as well as their payment and delivery, or execution.

12.2. The processed data includes inventory data, communication data, contract data, payment data and the data subjects include our customers, interested parties and other business partners. Processing is carried out for the purpose of providing contractual services in the context of operating an online shop, billing, delivery and customer services. We use session cookies to store the contents of the shopping cart and permanent cookies to save the login status.

12.3. Processing takes place on the basis of Art. 6 Para. 1 lit. b (Execution of order processes) and c (Archiving required by law) GDPR. The information marked as required is required to justify and fulfill the contract. We only disclose the data to third parties within the scope of delivery, payment or within the scope of legal permits and obligations towards legal advisers and authorities. The data will only be processed in third countries if this is necessary to fulfill the contract (e.g. at the customer’s request for delivery or payment).

12.4. The deletion takes place after expiry of statutory warranty and comparable obligations, the necessity of storing the data is checked every three years; in the case of statutory archiving obligations, deletion takes place after its expiry (end of commercial law (6 years) and tax law (10 years) retention requirement); Information in the customer account remains until it is deleted.

13. Collection of access data and log files
13.1. On the basis of our legitimate interests within the meaning of Art. 6 Para. 1 lit. f. GDPR data about every access to the server on which this service is located (so-called server log files). The access data include 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 user’s operating system, referrer URL (the previously visited page), IP address and the requesting provider.

13.2. For security reasons (e.g. to investigate misuse or fraud), log file information is stored for a maximum of seven days and then deleted. Data whose further storage is required for evidence purposes are excluded from deletion until the respective incident has been finally clarified.

14. Online presence in social media
14.1. We maintain on the basis of our legitimate interests within the meaning of Art. 6 para. 1 lit. f. GDPR online presences within social networks and platforms in order to communicate with the customers, interested parties and users active there and to be able to inform them there about our services. When calling up the respective networks and platforms, the terms and conditions and the data processing guidelines of their respective operators apply.

14.2 Unless otherwise stated in our data protection declaration, we process the data of users provided that they communicate with us within social networks and platforms, e.g. Write articles on our online presence or send us messages.

15. Google Analytics
15.1. We use Google Analytics, a web analytics service provided by Google LLC (“Google”), based on our legitimate interests (i.e. interest in the analysis, optimization and economic operation of our online offer within the meaning of Article 6 (1) (f) GDPR). Google uses cookies. The information generated by the cookie about the use of the online offer by the user is usually transmitted to a Google server in the USA and stored there.

15.2. Google is certified under the Privacy Shield Agreement and thereby offers a guarantee to comply with European data protection law ( https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).

15.3. Google will use this information on our behalf to evaluate the use of our online offer by users, to compile reports on the activities within this online offer and to provide us with other services related to the use of this online offer and the internet. Pseudonymous user profiles can be created from the processed data.

15.4. We only use Google Analytics with activated IP anonymization. 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. The full IP address is only transferred to a Google server in the USA and abbreviated there in exceptional cases.

15.5. The IP address transmitted by the user’s browser is not merged with other Google data. The users can prevent the storage of cookies by setting their browser software accordingly; Users can also prevent Google from collecting the data generated by the cookie and relating to their use of the online offer and from processing this data by Google by downloading and installing the browser plug-in available under the following link: https://tools.google.com/dlpage/gaoptout?hl=de/

15.6. You can find further information on the use of data by Google, setting and objection options on the Google website: https://www.google.com/intl/de/policies/privacy/partners (“Use of data by Google when you use our partners’ websites or apps”), https://policies.google.com/technologies/ads (“Use of data Advertising purposes “), https://adssettings.google.com/authenticated ( “Manage information that Google uses to show you advertisements”).

16. Communication via post, email, fax or phone
16.1 We use means of remote communication for business and marketing purposes, e.g. Post, phone or email. We process inventory data, address and contact details as well as contract data from customers, participants, interested parties and communication partners.

16.2 Processing takes place on the basis of Art. 6 Para. 1 lit. a, Art. 7 GDPR, Art. 6 Para. 1 lit. f GDPR in connection with legal requirements for advertising communications. The contact is only made with the consent of the contact partner or within the scope of the legal permits and the processed data is deleted as soon as it is not necessary and otherwise with objection / revocation or elimination of the authorization basis or statutory archiving obligations.