Data Protection Policy

I. Name and Address of the Controller

The controller within the meaning of the Datenschutz-Grundverordnung and other national data protection laws of the member states as well as other data protection regulations is:

Pilot Blue GmbH
Weidenhalde 10
88316 Isny im Allgäu
Germany

Amtsgericht Ulm (HRB 751638)

 

II. Name and Address of the Data Protection Officer

The data protection officer of the controller is:

Dr. Therese Krahnstöver

Tel.: 00 49 176 63860615
E-mail: tk(at)pilotblue.de

 

III. General Information on Data Processing

1. Scope of the Processing of Personal Data

As a general rule, we process personal data of our users only insofar as this is necessary to provide a functional website as well as our content and services. The processing of personal data of our users regularly takes place only with the consent of the user. An exception applies in cases where obtaining prior consent is not possible for factual reasons and the processing of the data is permitted by legal provisions.

 

2. Legal Basis for the Processing of Personal Data

Insofar as we obtain the consent of the data subject for processing operations involving personal data, Art. 6 Abs. 1 lit. a DSGVO serves as the legal basis.

When processing personal data that is necessary for the performance of a contract to which the data subject is a party, Art. 6 Abs. 1 lit. b DSGVO serves as the legal basis. This also applies to processing operations necessary for carrying out pre-contractual measures.

Insofar as the processing of personal data is necessary to fulfill a legal obligation to which our company is subject, Art. 6 Abs. 1 lit. c DSGVO serves as the legal basis.

In the event that vital interests of the data subject or another natural person require the processing of personal data, Art. 6 Abs. 1 lit. d DSGVO serves as the legal basis.

If the processing is necessary to safeguard a legitimate interest of our company or a third party and the interests, fundamental rights, and freedoms of the data subject do not outweigh the former interest, Art. 6 Abs. 1 lit. f DSGVO serves as the legal basis for the processing.

 

3. Data Deletion and Storage Duration

Personal data of the data subject will be deleted or blocked as soon as the purpose of the storage no longer applies. Storage may also take place if this has been provided for by the European or national legislator in EU regulations, laws, or other provisions to which the controller is subject.

The data will also be blocked or deleted when a storage period prescribed by the aforementioned standards expires, unless there is a necessity for continued storage of the data for the conclusion or fulfillment of a contract.

 

IV. Provision of the Website and Creation of Log Files

1. Description and Scope of Data Processing

Each time our website is accessed, our system automatically collects data and information from the computer system of the accessing device.

The following data are collected:

  1. Information about the browser type and version used
  2. The user's operating system
  3. The user's internet service provider
  4. The user's IP address
  5. Date and time of access
  6. Websites from which the user’s system accesses our website
  7. Websites that are accessed by the user’s system via our website

The data are also stored in the log files of our system. This does not include the user’s IP addresses or other data that enable the assignment of the data to a user. These data are not stored together with other personal data of the user.

 

2. Legal Basis for Data Processing

The legal basis for the temporary storage of the data is Art. 6 Abs. 1 lit. f DSGVO.

 

3. Purpose of Data Processing

The temporary storage of the IP address by the system is necessary in order to enable delivery of the website to the user’s computer. For this purpose, the user’s IP address must remain stored for the duration of the session.

These purposes also constitute our legitimate interest in data processing pursuant to Art. 6 Abs. 1 lit. f DSGVO.

 

4. Duration of Storage

The data are deleted as soon as they are no longer required to achieve the purpose for which they were collected. In the case of data collection for the provision of the website, this occurs when the respective session has ended.

 

5. Right to Object and Removal Option

The collection of data for the provision of the website and the storage of data in log files is absolutely necessary for the operation of the website. Consequently, the user has no option to object.

 

V. Contact Form and Email Contact

1. Description and Scope of Data Processing

A contact form is available on our website that can be used for electronic contact. If a user makes use of this option, the data entered in the input form are transmitted to us and stored.

These data include:

  • Name
  • Telephone number (if applicable)
  • Email address
  • Message to be transmitted

At the time the message is sent, the following data are also stored:

  1. The user’s IP address
  2. Date and time of submission

During the submission process, your consent for the processing of the data is obtained and reference is made to this privacy policy.

Alternatively, contact can be made via the email address provided. In this case, the user’s personal data transmitted with the email will be stored.

In this context, the data will not be passed on to third parties. The data are used exclusively for processing the conversation.

 

2. Legal Basis for Data Processing

If the user has given consent, the legal basis for the processing of the data is Art. 6 Abs. 1 lit. a DSGVO.

The legal basis for processing data transmitted in the course of sending an email is Art. 6 Abs. 1 lit. f DSGVO.

If the email contact aims at the conclusion of a contract, an additional legal basis for processing is Art. 6 Abs. 1 lit. b DSGVO.

 

3. Purpose of Data Processing

The processing of the personal data from the input form serves solely to process the contact request.

In the event of contact via email, this also constitutes the necessary legitimate interest in processing the data.

The other personal data processed during the sending process serve to prevent misuse of the contact form and to ensure the security of our information technology systems.

 

4. Duration of Storage

The data are deleted as soon as they are no longer required to achieve the purpose for which they were collected.

For the personal data from the contact form input mask and those sent by email, this is the case when the respective conversation with the user has ended.

The conversation is considered ended when the circumstances indicate that the matter in question has been conclusively clarified.

The additional personal data collected during the sending process will be deleted no later than after a period of seven days.

 

5. Right to Object and Removal Option

The user has the option to withdraw their consent to the processing of personal data at any time.

If the user contacts us by email, they may object to the storage of their personal data at any time. In such a case, the conversation cannot be continued.

All personal data stored in the course of contacting us will be deleted in this case.

 

VI. Rights of the Data Subject

If personal data relating to you are processed, you are a data subject within the meaning of the DSGVO and you have the following rights vis-à-vis the controller.

 

1. Right of Access

You may request confirmation from the controller as to whether personal data concerning you are processed by us.

If such processing takes place, you may request information from the controller regarding the following:

  1. the purposes for which the personal data are processed
  2. the categories of personal data processed
  3. the recipients or categories of recipients to whom the personal data concerning you have been disclosed or will be disclosed
  4. the planned duration of storage of the personal data concerning you, or criteria used to determine that duration
  5. the existence of a right to rectification or deletion of personal data concerning you, a right to restriction of processing by the controller, or a right to object to such processing
  6. the existence of a right to lodge a complaint with a supervisory authority
  7. all available information on the origin of the data if the personal data are not collected from the data subject
  8. the existence of automated decision-making, including profiling, pursuant to Art. 22 Abs. 1 und 4 DSGVO, and meaningful information about the logic involved and the significance and intended consequences of such processing for the data subject.

You also have the right to request information about whether the personal data concerning you are transferred to a third country or an international organization.

In this context, you may request to be informed about the appropriate safeguards pursuant to Art. 46 DSGVO in connection with the transfer.

 

2. Right to Rectification

You have the right to obtain from the controller the rectification and/or completion of personal data concerning you if the processed personal data concerning you are inaccurate or incomplete. The controller must carry out the rectification without undue delay.

 

3. Right to Restriction of Processing

Under the following conditions, you may request the restriction of processing of personal data concerning you:

  1. if you contest the accuracy of the personal data concerning you for a period enabling the controller to verify the accuracy of the personal data;
  2. the processing is unlawful and you oppose the erasure of the personal data and request the restriction of their use instead;
  3. the controller no longer needs the personal data for the purposes of the processing, but you require them for the establishment, exercise, or defense of legal claims; or
  4. if you have objected to processing pursuant to Art. 21 Abs. 1 DSGVO and it has not yet been determined whether the legitimate grounds of the controller override your grounds.

Where the processing of personal data concerning you has been restricted, such data – apart from storage – may be processed only with your consent or for the establishment, exercise, or defense of legal claims, or for the protection of the rights of another natural or legal person, or for reasons of important public interest of the Union or of a member state.

If the restriction of processing has been restricted according to the above conditions, you will be informed by the controller before the restriction is lifted.


4. Right to Erasure

a) Obligation to Erase

You may request the controller to erase personal data concerning you without undue delay, and the controller is obliged to erase such data without undue delay if one of the following grounds applies:

  1. The personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed.
  2. You withdraw your consent on which the processing was based according to Art. 6 Abs. 1 lit. a or Art. 9 Abs. 2 lit. a DSGVO, and there is no other legal ground for the processing.
  3. You object to the processing pursuant to Art. 21 Abs. 1 DSGVO and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Art. 21 Abs. 2 DSGVO.
  4. The personal data concerning you have been processed unlawfully.
  5. The erasure of the personal data concerning you is necessary for compliance with a legal obligation under Union law or the law of the member states to which the controller is subject.
  6. The personal data concerning you were collected in relation to services offered by the information society in accordance with Art. 8 Abs. 1 DSGVO.

 

b) Information to Third Parties

If the controller has made the personal data concerning you public and is obliged pursuant to Art. 17 Abs. 1 DSGVO to erase them, the controller shall take reasonable steps, including technical measures, taking account of available technology and the cost of implementation, to inform controllers who process the personal data that you, as the data subject, have requested the erasure of any links to, or copies or replications of, those personal data.

 

c) Exceptions

The right to erasure does not apply insofar as processing is necessary:

  1. for exercising the right of freedom of expression and information;
  2. for compliance with a legal obligation which requires processing under Union law or the law of the member states to which the controller is subject, or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
  3. for reasons of public interest in the area of public health in accordance with Art. 9 Abs. 2 lit. h und i and Art. 9 Abs. 3 DSGVO;
  4. for archiving purposes in the public interest, scientific or historical research purposes, or statistical purposes pursuant to Art. 89 Abs. 1 DSGVO, insofar as the right referred to under section a) is likely to render impossible or seriously impair the achievement of the objectives of that processing; or
  5. for the establishment, exercise, or defense of legal claims.

 

5. Right to Notification

If you have exercised your right to rectification, erasure, or restriction of processing with the controller, the controller is obliged to communicate this rectification or erasure of the data or restriction of processing to all recipients to whom the personal data concerning you have been disclosed, unless this proves impossible or involves disproportionate effort.

You have the right to be informed by the controller about those recipients.

 

6. Right to Data Portability

You have the right to receive the personal data concerning you that you have provided to the controller in a structured, commonly used, and machine-readable format. You also have the right to transmit those data to another controller without hindrance from the controller to whom the personal data were provided, provided that:

  1. the processing is based on consent pursuant to Art. 6 Abs. 1 lit. a DSGVO or Art. 9 Abs. 2 lit. a DSGVO or on a contract pursuant to Art. 6 Abs. 1 lit. b DSGVO, and
  2. the processing is carried out by automated means.

In exercising this right, you also have the right to have the personal data concerning you transmitted directly from one controller to another, where technically feasible. The freedoms and rights of other persons must not be adversely affected by this.

The right to data portability does not apply to the processing of personal data necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

 

7. Right to Object

You have the right to object, on grounds relating to your particular situation, at any time to the processing of personal data concerning you which is based on Art. 6 Abs. 1 lit. e oder f DSGVO; this also applies to profiling based on those provisions.

The controller shall no longer process the personal data concerning you unless the controller demonstrates 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 concerning you are processed for the purposes of direct marketing, you have the right to object at any time to the processing of personal data concerning you for the purpose of such marketing. This also applies to profiling insofar as it is related to such direct marketing.

If you object to processing for direct marketing purposes, the personal data concerning you will no longer be processed for those purposes.

In the context of the use of information society services – notwithstanding Directive 2002/58/EG – you may exercise your right to object by automated means using technical specifications.

 

8. Right to Withdraw the Data Protection Consent Declaration

You have the right to withdraw your data protection consent declaration at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.

 

9. Automated Individual Decision-Making Including Profiling

You have the right not to be subject to a decision based solely on automated processing – including profiling – which produces legal effects concerning you or similarly significantly affects you.

This does not apply if the decision:

  1. is necessary for entering into, or performance of, a contract between you and the controller;
  2. is authorized by Union or member state law to which the controller is subject and which also lays down suitable measures to safeguard your rights and freedoms and legitimate interests; or
  3. is based on your explicit consent.

However, such decisions must not be based on special categories of personal data pursuant to Art. 9 Abs. 1 DSGVO, unless Art. 9 Abs. 2 lit. a oder g DSGVO applies and suitable measures to safeguard your rights and freedoms and legitimate interests are in place.

In the cases referred to in (1) and (3), the controller shall implement suitable measures to safeguard your rights and freedoms and legitimate interests, including at least the right to obtain human intervention on the part of the controller, to express your point of view, and to contest the decision.

 

10. Right to Lodge a Complaint with a Supervisory Authority

Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the member state of your residence, your place of work, or the place of the alleged infringement, if you consider that the processing of personal data concerning you infringes the DSGVO.

The supervisory authority with which the complaint has been lodged shall inform the complainant about the status and outcome of the complaint, including the possibility of a judicial remedy pursuant to Art. 78 DSGVO.