Privacy Policy

1. Introduction

With the following information, we would like to give you, as a "data subject", an overview of the processing of your personal data by us and your rights under data protection law. In principle, our website can be used without providing any personal data. However, if you wish to make use of special services offered by our company via our website, it may become necessary to process personal data. Where the processing of personal data is necessary and there is no legal basis for such processing, we generally obtain your consent.

The processing of personal data, such as your name, address or email address, is always carried out in accordance with the General Data Protection Regulation (GDPR) and in compliance with the country-specific data protection provisions applicable to Bembel Divers GbR. By means of this privacy policy, we would like to inform you about the scope and purpose of the personal data we collect, use and process.

As the controller responsible for processing, we have implemented numerous technical and organizational measures to ensure the most complete protection possible of the personal data processed via this website. Nevertheless, internet-based data transmissions may generally have security gaps, so that absolute protection cannot be guaranteed. For this reason, you are free to transmit personal data to us by alternative means, for example by telephone or by post.

2. Controller

The controller within the meaning of Art. 4 No. 7 GDPR, the other data protection laws applicable in the member states of the European Union and other provisions of a data-protection nature is:

Bembel Divers GbR
Vorgartenstraße 9
35075 Gladenbach
Email: info@tauchapp.com
Managing Director: Stefan Jesberg

3. Data Protection Inquiries

You may direct data protection inquiries by post to the above address, for the attention of the management, or electronically to info@tauchapp.com.

4. Definitions

This privacy policy is based on the terms used by the European legislator when adopting the General Data Protection Regulation (GDPR). Our privacy policy should be easy to read and understand for both the general public and our customers and business partners. To ensure this, we would like to explain the terms used in advance.

5. Your Rights as a Data Subject

6. Routine Storage, Erasure and Blocking of Personal Data

We process and store your personal data only for the period necessary to achieve the purpose of storage or as provided for by the laws to which our company is subject.

If the purpose of storage ceases to apply, or a prescribed storage period expires, the personal data is routinely blocked or erased in accordance with the statutory provisions.

The criterion for the duration of the storage of personal data is the respective statutory retention period.

1. Legal basis for the processing

We process personal data only insofar as this is necessary to provide a functioning website and the content and services offered by us. The processing of personal data regularly takes place only if you have given us your consent within the meaning of Art. 6(1)(a) GDPR, or if the processing is permitted by statutory provisions, in particular by one of the legal bases set out in Art. 6(1)(b) to (f) GDPR.

Processing of personal data when using the website

2. Data processing without registration

When you access our website without registering or otherwise providing us with information ("informational use"), we only collect the personal data that your web browser transmits to our server. If you wish to view our website, we collect the following data, which are technically necessary for us in order to display our website to you and to ensure stability and security:

• IP address
• Date and time of the request
• Time zone difference to Greenwich Mean Time (GMT)
• Content of the request (specific page)
• Access status/HTTP status code
• Amount of data transferred in each case
• Website from which the request originates
• Browser
• Operating system and its interface
• Language and version of the browser software

The aforementioned data are also stored in so-called log files on our servers. This does not include your IP address or other data that would allow the data to be attributed to you. These data are not stored together with other personal data relating to you.

The collection and temporary storage of the IP address is necessary to enable delivery of our website to your device. For this purpose, your IP address must be stored for the duration of your visit to our website. The storage of the above-mentioned data in log files serves to ensure the functionality and to optimise our website, as well as to ensure the security of our information technology systems. The data are not evaluated for marketing purposes. Our legitimate interest in the data processing lies in the aforementioned purposes. The legal basis for the collection and temporary storage of the aforementioned data and of the log files is Art. 6(1) sentence 1(f) GDPR.

We process and/or store the data on servers of Candylabs GmbH, Germany, and thus within the European Union. This ensures that the standards and requirements of European data protection law are complied with.

The aforementioned data collected to provide our website are deleted once the respective session has ended. Data in the log files are deleted after fourteen days at the latest. The collection of the aforementioned data for the provision of our website is mandatory for the operation of our website. There is no possibility of objection.

3. Data processing with/following registration

You have the option to register on our website by providing personal data.

Which personal data are transmitted to us in the process is apparent from the respective input mask used for registration. The personal data you enter are collected and stored exclusively for internal use by us and for our own purposes. We may arrange for the data to be passed on to one or more processors, for example a parcel delivery service, which likewise uses the personal data exclusively for internal use attributable to us.

Registration on our website also results in the storage of the IP address assigned by your Internet Service Provider (ISP), as well as the date and time of registration. These data are stored against the background that this is the only way to prevent misuse of our services, and, if necessary, these data enable us to clarify offences that have been committed. In this respect, storage of these data is necessary to protect us. As a rule, these data are not passed on to third parties unless there is a statutory obligation to disclose the data or the disclosure serves the purpose of criminal prosecution.

Your registration, based on the voluntary provision of personal data, also serves to enable us to offer you content or services that, by their nature, can only be offered to registered users. Registered persons are free to change the personal data provided at registration at any time or to have them deleted entirely from our database.

We will inform you at any time, upon request, of what personal data are stored about you. Furthermore, we will correct or delete personal data at your request, insofar as this is not precluded by statutory retention obligations. A data protection officer named in this privacy policy, as well as all other employees, are available to the data subject as points of contact in this regard.

The processing of your data takes place in the interest of a convenient and simple use of our website. This constitutes a legitimate interest within the meaning of Art. 6(1)(f) GDPR.

Pursuant to Art. 6(1)(b) GDPR, personal data are collected and processed if you provide them to us for the performance of a contract or when opening a customer account. Which data are collected can be seen from the respective input forms. Your customer account may be deleted at any time by sending a message to the above-mentioned address of the controller. We store and use the data you provide for the performance of the contract. After the contract has been fully performed or your customer account has been deleted, your data will be blocked, having regard to statutory retention periods under tax and commercial law, and will be deleted upon expiry of those periods, unless you have expressly consented to further use of your data or a further use of the data permitted by law has been reserved by us, of which we shall inform you accordingly below.

4. Use of cookies

We use so-called cookies on our website. Cookies are small text files that are stored on the storage medium of your device, for example on a hard drive, and through which certain information is passed to us as the entity setting the cookie. Cookies cannot execute programs or transmit viruses to your device. This website uses the following types of cookies, the scope and functioning of which are explained below.

Cookies that are stored in association with your web browser:

Transient cookies: These cookies are automatically deleted when you close your web browser. These include, in particular, session cookies. These store a so-called session ID, by means of which various requests from your web browser can be assigned to the shared session. This makes it possible to recognise your device when you return to our website. Session cookies are deleted as soon as you log out or close your web browser.

Persistent cookies: These cookies are automatically deleted after a predetermined period, which may vary depending on the cookie. You can delete these cookies at any time in your web browser's settings.

We also use cookies that are stored independently of your web browser:

Flash cookies: These are not recorded by your web browser but by the Flash plug-in and are therefore stored independently of your web browser. They have no automatic expiry date.

HTML5 storage objects are also stored on your device. These store the required data independently of your web browser. They have no automatic expiry date.

The cookies store data and information such as, for example, multilingualism (language setting) and the search function (search terms entered).

The processing of personal data by means of the aforementioned cookies serves to make the overall offering of our website and our app more user-friendly and effective for you. Some functions of our website cannot be offered without the use of these cookies. In particular, some functions of our website require that your web browser be identifiable even after a page change. Insofar as you have an account, we use cookies to be able to identify you for subsequent visits. This avoids you having to log in again every time you visit our website. The data processed by cookies that are necessary for providing the functions of our website are not used to create user profiles. Insofar as cookies are used for analysis purposes, they serve to improve the quality and user-friendliness of our website, its content and functions. They enable us to understand how the website is used, which functions are used and how often. This enables us to continuously optimise our offering. Insofar as these are technically necessary cookies, our legitimate interest in the data processing lies in the aforementioned purposes. In these cases, the legal basis is Art. 6(1) sentence 1(f) GDPR. In all other cases, the legal basis is Art. 6(1) sentence 1(a) GDPR (your consent).

The aforementioned cookies are stored on your device and transmitted from it to our server. You can therefore configure the processing of the data and information by cookies yourself. You can make corresponding configurations in your web browser's settings, through which you can, for example, reject third-party cookies or reject cookies altogether. In this connection, we would like to point out that you may then not be able to properly use all functions of our website. If you wish to prevent the processing of data by Flash cookies, you must make corresponding settings in your Flash player or install an add-on, for example, for the Google Chrome web browser, the "Adobe-Flash-Killer-Cookie" add-on, or for the Firefox web browser, the "Better Privacy" add-on. If you wish to prevent the use of HTML5 storage objects, you must use your web browser in private mode – to the extent available. In addition, we recommend regularly manually deleting cookies as well as your browser history.

In addition to the informational use of our website described above, we offer various services that you may use if you are interested. This generally requires the provision of further personal data. We need these data in order to provide the respective service. The above principles regarding data processing apply in this respect.

In part, we make use of external service providers to process these data, who have been carefully selected and commissioned by us. These service providers are bound by our instructions and are regularly monitored by us.

Insofar as personal data are disclosed to third parties in the course of services that we offer jointly with partners, you can find further information in the descriptions of the individual services below.

Insofar as such third parties are based in a state outside the European Economic Area, you can find further information on the consequences of this circumstance in the descriptions of the individual services below.

5. Use of paid functions

If you have a customer account, you can use the paid functions offered by us, in particular conclude paid memberships. We use the data you provide in order to provide you with the paid functions you have selected, to enable you to use them, and to be able to record these transactions with us. In the event of important changes to our offerings, services or performances, for example concerning the scope of the offering or in the case of technically necessary changes, we use the e-mail address provided at registration in order to inform you accordingly.

Insofar as the processing of the aforementioned data is based on consent given by you, the legal basis for the processing of the data is Art. 6(1) sentence 1(a) GDPR. Insofar as the processing serves to conclude or perform a contract, Art. 6(1) sentence 1(b) GDPR is an additional legal basis.

You may revoke consent given by you at any time. The lawfulness of the data processing carried out prior to the revocation remains unaffected by the revocation.

The data will be deleted as soon as they are no longer required to achieve the purpose for which they were collected. This is the case if you no longer use any paid functions offered by us or if your customer account is cancelled or amended. Statutory retention periods remain unaffected. We would like to point out that, pursuant to statutory provisions of commercial and tax law (in particular Section 257(4) of the German Commercial Code (HGB) and Section 147(3) of the German Fiscal Code (AO)), we are obliged to retain accounting vouchers for 10 years and commercial or business correspondence for 6 years; we are therefore legally obliged to store the personal data contained therein for these periods.

6. Objection to or revocation of the processing of your data

You may revoke any consent given to us for the processing of your data at any time. The revocation affects the lawfulness of the processing of your personal data after it has been communicated to us.

Insofar as the processing of your personal data is based on a balancing of interests, you may object to the processing. In this connection, we ask you to set out the reasons arising from your particular situation why you object to the processing of your personal data by us. If your objection is well founded, we will examine the matter. We will then either cease to process your personal data further, adapt the further data processing as appropriate, or state compelling legitimate grounds why we continue to process your personal data.

You may also object at any time to the processing of your personal data for the purposes of advertising and data analysis.

Please send your revocation or objection to our contact details given above.

7. Contacting us

If you contact us by e-mail, the personal data transmitted to us with your e-mail will be stored. The data are used exclusively to answer your enquiries. The data will not be disclosed to third parties.

The processing of the aforementioned personal data serves solely to process your enquiries. Our legitimate interest in the processing of the data also lies in these purposes. Insofar as you have given us your consent for this purpose, the legal basis for the processing of these data is Art. 6(1) sentence 1(a) GDPR. Otherwise, the legal basis for the processing of these data, in particular where the data are transmitted to us by you sending an e-mail, is Art. 6(1) sentence 1(f) GDPR. Insofar as you seek, by your e-mail, to bring about the conclusion of a contract, Art. 6(1) sentence 1(b) GDPR constitutes an additional legal basis.

The data will be deleted as soon as they are no longer required to achieve the purpose for which they were collected. This is the case once we have concluded our handling of your enquiry.

You may revoke any consent given to us for the processing of your personal data at any time. In the case of contact by e-mail, you may object at any time to the storage of your personal data. We would like to point out that, in this case, your enquiry cannot be processed further. You may declare the revocation or objection by sending an e-mail to our e-mail address stated in the legal notice (Impressum).

8. Newsletter

With your consent, you may subscribe to our newsletter, by means of which we inform you about our current offers of interest. The goods and services advertised are specified in the consent declaration.

For registration to our newsletter, we use the so-called double opt-in procedure. This means that, following your registration, we will send an e-mail to the e-mail address provided, in which we ask you to confirm that you wish to receive the newsletter. If you do not confirm your registration within 24 hours, your information will be blocked and automatically deleted after one month. In addition, we store the IP addresses used by you and the times of registration and confirmation. The purpose of this procedure is to be able to prove your registration and, if necessary, to clarify any possible misuse of your personal data.

The only mandatory information required for sending the newsletter is your e-mail address. The provision of further, separately marked data is voluntary and is used in order to be able to address you personally. After your confirmation, we store your e-mail address for the purpose of sending you the newsletter. The legal basis is Art. 6(1) sentence 1(a) GDPR.

You may revoke your consent to the sending of the newsletter at any time and unsubscribe from the newsletter. You may declare the revocation by clicking on the link provided in each newsletter e-mail, by e-mail to info@tauchapp.com with the subject line "Newsletter", or by sending a message to the contact details given in the legal notice (Impressum).

We would like to point out that, when sending the newsletter, we evaluate your user behaviour. For this evaluation, the e-mails sent contain so-called web beacons or tracking pixels, which are single-pixel image files stored on our website. For these evaluations, we link the data collected in the case of informational use (technical data and your IP address) and the web beacons with your e-mail address and an individual ID. Links contained in the newsletter also contain this ID. Using the data thus obtained, we create a user profile in order to tailor the newsletter to your individual interests. In doing so, we record when you read our newsletters, which links you click on in them, and draw conclusions about your personal interests from this. We link these data with actions you have taken on our website. You may object to this tracking at any time by clicking on the separate link provided in each e-mail or by informing us via another means of contact. The information is stored for as long as you have subscribed to the newsletter. After unsubscribing, we store the data on a purely statistical and anonymous basis. Such tracking is furthermore not possible if you have disabled the display of images by default in your e-mail programme. In that case, the newsletter will not be displayed to you in full and you may not be able to use all functions. If you have images displayed manually, the tracking described above will take place.

9. Transmission of payment data to external payment service providers

For the purpose of carrying out payment processing, we transmit the payment data you have provided to us to the payment service provider(s) named in our payment terms.

The transmission of the payment data and the processing by the payment service provider take place for the purpose of payment processing. The use of external payment service providers enables us to offer you a choice of various payment methods and thus to make the types of payment processing more flexible both for you and for us. This also constitutes our legitimate interest. Insofar as you have given us your consent, the legal basis for the processing of the data is Art. 6(1) sentence 1(a) GDPR. Insofar as the processing of the aforementioned data takes place for the performance and execution of the contractual relationship, the legal basis is Art. 6(1) sentence 1(b) GDPR. Otherwise, the legal basis is Art. 6(1) sentence 1(f) GDPR.

You may revoke any consent given by you at any time. You may object to the processing of your personal data at any time. However, we would like to point out that, without the transmission of the payment data and/or the processing by the payment service provider, no payment methods, or in any event not all payment methods, can be made available to you, and that performance of the contract may not be possible.

10. Google Analytics

We use "Google Analytics" on our website, a web analytics service provided by Google Ireland Limited, Google Building Gordon House, Barrow St, Dublin 4, Ireland (hereinafter referred to as: "Google"). Google uses cookies, i.e. small text files that are stored on your device and that enable an analysis of your use of our website. The information generated by the cookie about your use of our website is generally transmitted to and stored on a Google server in Ireland. If IP anonymisation is activated on the website for the IP address to be transmitted by the cookie ("IP anonymisation"), your IP address will first be 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 transmitted to a Google server in the USA and shortened there. Google will use this information on our behalf to evaluate your use of our website, to compile reports on website activity, and to provide us with other services relating to website and internet usage. Pseudonymous usage profiles may be created from the processed data in the process. The IP address transmitted as part of Google Analytics is not merged with other data held by Google. We only use Google Analytics with the IP anonymisation described above activated. This means that your IP address is only further processed by Google in shortened form. This makes it possible to exclude any personal reference.

We use Google Analytics for the purpose of analysing the use of our website and continuously improving individual functions and offerings as well as the user experience. Through the statistical evaluation of user behaviour, we are able to improve our offering and make it more interesting for you as a user. This data processing only takes place if you have previously given us your consent. The legal basis is Art. 6(1) sentence 1(a) GDPR.

You can prevent the storage of the cookies generated by Google Analytics by making corresponding settings in your web browser. In this respect, we would like to point out that, in this case, you may not be able to use all functions of our website in full. If you wish to prevent the collection of data generated by the cookie and relating to your use of the website (including your IP address), as well as the processing of these data by Google, you can download and install the web browser plug-in available at the following link: http://tools.google.com/dlpage/gaoptout?hl=de

The data will be deleted as soon as they are no longer required to achieve the purpose for which they were collected. Data at the user and event level that are linked to cookies, user identifiers (e.g. User ID) and advertising IDs (e.g. DoubleClick cookies, Android advertising ID, IDFA) are deleted after 14 months at the latest following their collection.

In order to bind Google to process the transmitted data solely in accordance with our instructions and in compliance with applicable data protection provisions, we have concluded a data processing agreement with Google.

Insofar as data are transmitted and processed by Google in the USA, the parent company of the Google group, Google LLC, 1600 Amphitheatre Pkwy, Mountain View, California 94043, USA, has submitted to and is certified under the Privacy Shield agreement concluded between the European Union and the USA. In doing so, Google undertakes to comply with the standards and requirements of European data protection law. Further information can be found in the entry linked below: https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active

Information on the third-party provider: Google Ireland Limited, Google Building Gordon House, Barrow St, Dublin 4, Ireland.

Further information on the use of data by Google, on options for settings and objection, and on data protection can be found on the following Google websites.

11. Integration of YouTube videos

We have integrated YouTube videos into our online offering, which are stored on http://www.YouTube.com and can be played directly from our website. These are all integrated in "enhanced data protection mode", meaning that no data about you as a user are transmitted to YouTube if you do not play the videos. Only when you play the videos are the data referred to in paragraph 2 transmitted. We have no influence over this data transmission.

By visiting the website, YouTube receives the information that you have accessed the corresponding subpage of our website. In addition, the data collected in the case of informational use (technical data and your IP address) are transmitted. This occurs irrespective of whether YouTube provides a user account through which you are logged in, or whether no user account exists. If you are logged in to Google, your data will be directly assigned to your account. If you do not wish this assignment to your profile with YouTube, you must log out before activating the button. YouTube stores your data as usage profiles and uses them for purposes of advertising, market research and/or the needs-based design of its website. Such an evaluation takes place in particular (even for non-logged-in users) to provide needs-based advertising and to inform other users of the social network about your activities on our website. You have a right to object to the creation of these usage profiles, and to exercise this right you must contact YouTube.

Further information on the purpose and scope of the collection and processing of data by YouTube can be found in its privacy policy. There you will also find further information on your rights and setting options for protecting your privacy: https://www.google.de/intl/de/policies/privacy. Google also processes your personal data in the USA and has submitted to the EU-US Privacy Shield, https://www.privacyshield.gov/EU-US-Framework.

The legal basis is your consent, Art. 6(1) sentence 1(a) GDPR.

When you download the mobile app, the required information is transmitted to the app store.

When you use the mobile app, we collect the personal data described below in order to enable convenient use of its features.

(Last updated: July 2021)