Data protection declaration

1. Name and address of the data controller responsible for data protection

The controller within the meaning of the General Data Protection Regulation and other national data protection laws of Member States as well as other data protection regulations is:

NAVIS Schiffahrts- und Speditions-Aktiengesellschaft
Billhorner Kanalstr. 69
20539 Hamburg
Germany
Tel.: +49 (040) 789 48 – 0
E-Mail: NAVIS@navis-ag.com
Website: www.navis-ag.com

Name and address of the data protection officer
The data protection officer for the controller is:
Sascha Dieter Kaminski
Tel.: +49 (040) 789 48 – 288
E-Mail: SKA@navis-ag.com

The use of the contact data mentioned in the context of the publication obligation by third parties for the transmission of advertising and information material not expressly requested is hereby expressly prohibited. The operators of these pages expressly reserve the right to take legal action in the event of unsolicited advertising information being sent, for example in the form of spam emails.

2. General information on data processing

2.1. Scope of processing personal data
We only collect and use the personal data of our users to the extent necessary to process our contracts. Once the contractual obligations have been fulfilled, we will only process data with your consent. An exception applies in those cases where prior consent cannot be obtained for practical reasons or where processing of the data is permitted by law.

2.2. Legal basis for the processing of personal data
Insofar as we obtain the consent of the data subject for the processing of personal data, point (a) of Art. 6(1) GPDR serves as the legal basis.

For the processing of personal data required for the performance of a contract to which the data subject is a party, point (b) of Art. 6(1) GPDR serves as the legal basis. This also applies to processing operations that are necessary to carry out pre-contractual measures.

Insofar as the processing of personal data is required to fulfil a legal obligation to which our company is subject, point (c) of Art. 6(1) GPDR serves as the legal basis.

If 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 override the former interest, point (f) of Art. 6(1) GPDR serves as the legal basis for processing.

2.3. Data erasure and storage time
The personal data of the data subject will be erased or made unavailable as soon as the purpose of the storage ceases to apply. In addition, data may be stored 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 made unavailable or erased if the storage period prescribed by the above standards expires, unless there is a need for further storage of the data for the conclusion or fulfilment of a contract.

3. Provision of the website and creation of log files

3.1. Description and scope of data processing
Every time a user visits our website, our system automatically collects data and information from the computer system of the calling computer. The following data are collected:

  • Information about the browser type and version used
  • The user’s operating system
  • The user’s Internet service provider
  • The user’s IP address
  • Date and time of access
  • Websites from which the user’s system reached our website
  • Websites accessed by the user’s system through our website

The data are also stored in the log files of our system. These data are not stored together with other personal data of the user.

3.2. Legal basis for data processing
The legal basis for the temporary storage of data and log files is point (f) of Art. 6(1) GPDR.

3.3. Purpose of data processing
The temporary storage of the IP address by the system is necessary to enable the website to be delivered to the user’s computer. For this, the IP address of the user must be stored for the duration of the session.

The data is stored in log files to ensure the functionality of the website. In addition, the data help us to optimise the website and ensure the security of our information technology systems. Data obtained in this context are not used for marketing purposes.

For such purposes, our legitimate interest in data processing is based on point (f) of Art. 6(1) GPDR.

3.4. Duration of storage
The data will be erased as soon as they are no longer necessary to achieve the purpose for which they were collected. In the case of the collection of data for the provision of the website, this is when the respective session has ended.

If the data are stored in log files, this will be after seven days at the latest. Further storage is possible. In this case, the IP addresses of the users are deleted or anonymized, so that the calling client can no longer be identified.

3.5. Possibility of objection and elimination
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, there is no possibility of objection on the part of the user.

4. Use of cookies

4.1. Description and scope of data processing
Our website uses cookies. Cookies are text files that are stored in the Internet browser or by the Internet browser on the user’s computer system. When a user visits a website, a cookie may be stored on the user’s computer system. This cookie contains a characteristic character string that enables unique identification of the browser when the website is called up again.

We use cookies to make our website more user-friendly. Some elements of our website require the calling browser to able to be identified even after a page change.

The following data are stored and transmitted in the cookies:

  • Language settings
  • Log-in information

When visiting our website, an information banner informs users about the use of cookies for analytical purposes and refers them to this data protection statement. In this context, there is also a note on how the storage of cookies can be prevented in the browser settings.

4.2. Legal basis for data processing
The legal basis for the processing of personal data using cookies is point (f) of Art. 6(1) GPDR.

The legal basis for the processing of personal data using technically necessary cookies is point (f) of Art. 6(1) GPDR. The legal basis for the processing of personal data using cookies for analytical purposes with corresponding consent from the user is point (a) of Art. 6(1) GPDR.

4.3. Purpose of data processing
The purpose of using technically necessary cookies is to simplify the use of websites for users. Some functions of our website cannot be offered without the use of cookies. For this, it is necessary that the browser is recognised even after a page change.

We need cookies for the following applications:

  • Accepting language settings
  • Remembering search terms

The user data collected by technically necessary cookies are not used to create user profiles.

4.4. Duration of storage, possibility of objection and elimination
Cookies are stored on the user’s computer and transmitted to our site. Therefore, you as a user also have full control over the use of cookies. You can deactivate or restrict the transmission of cookies by changing the settings in your Internet browser. Saved cookies can be deleted at any time. This can also be done automatically. If cookies are deactivated for our website, it may no longer be possible to use all functions of the website in full.

5. Newsletter

5.1. Description and scope of data processing
You can subscribe to a free newsletter on our website. When registering for the newsletter, the data from the input mask are transmitted to us.

Only the data provided by the subscribers are collected on registration. These are:

  • First name
  • Surname
  • Company name
  • Street address
  • Telephone number
  • Email address
  • Type of subscription

In the course of the registration process, your consent is obtained for the processing of the data and reference is made to this data protection declaration.

If you make enquiries about our services on our website and provide us with your email address, we may subsequently use this to send you a newsletter. In such a case, the newsletter will only be used for direct advertising of our own services.

No data are passed on to third parties in connection with data processing for the sending of newsletters. The data will be used exclusively for sending the newsletter.

5.2. Legal basis for data processing
The legal basis for the processing of the data after registration for the newsletter by the user is point (a) of Art. 6(1) GPDR.

The legal basis for sending the newsletter as a result of enquiries regarding our services is § 7(3) UWG (German Act against Unfair Competition).

5.3. Purpose of data processing
The collection of the email address and the address of the user serves to deliver the newsletter.

The collection of other personal data in the context of the registration process serves to prevent misuse of the services or the email address used.

5.4. Duration of storage
The data will be erased as soon as they are no longer necessary to achieve the purpose for which they were collected. The user’s email address will therefore be stored for as long as the subscription to the newsletter is active.

The other personal data collected during the registration process will generally be deleted after a period of seven days.

5.5. Possibility of objection and elimination
The subscription to the newsletter can be cancelled by the user concerned at any time. For this purpose, you will find a corresponding link on our Internet contact page.

This also makes it possible to revoke the consent to the storage of personal data collected during the registration process.

6. Contact form and email contact

6.1. Description and scope of data processing
There is a contact form on our website which can be used for electronic contact. If a user makes use of this option, the data entered in the input mask will be transmitted to us and stored. These data are:

  • First name
  • Surname
  • Company name
  • Street address
  • Telephone number
  • Email address
  • Type of subscription

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

  • Information about the browser type and version used
  • The user’s operating system
  • The user’s Internet service provider
  • The user’s IP address
  • Date and time of access
  • Websites from which the user’s system reached our website
  • Websites accessed by the user’s system through our website

Your consent is obtained for the processing of the data in the course of the sending process and reference is made to this data protection declaration.

Alternatively, you can contact us via the email address provided under item 1. In this case, the user’s personal data transmitted by email will be stored.

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

6.2. Legal basis for data processing
The legal basis for the processing of data with the user’s consent is point (a) of Art. 6(1) GPDR.

The legal basis for the processing of data transmitted by sending an email is point (f) of Art. 6(1) GPDR. If the email contact aims to enter into a contract, then additional legal basis for the processing is point (b) of Art. 6(1) GPDR.

6.3. Purpose of data processing
The processing of the personal data from the input mask is used to process the contact. In the event of contact by email, this also constitutes the necessary legitimate interest in the processing of 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.

6.4. Duration of storage
The data will be erased as soon as they are no longer necessary to achieve the purpose for which they were collected. For personal data from the input mask of the contact form or sent by email, this is the case when the respective conversation with the user is finished. The conversation is terminated when it can be inferred from the circumstances that the facts in question have been conclusively clarified.

The additional personal data collected during the sending process will be deleted after a period of seven days at the latest.

6.5. Possibility of objection and elimination
The user has the possibility to withdraw their consent to the processing of personal data at any time. If the user contacts us by email, they can object to the storage of their personal data at any time. In such a case, the conversation cannot be continued.

The withdrawal of consent to the processing and storage of personal data can be made in written form (email/letter/fax) or verbally. In this case, all personal data stored in the course of the contact will be deleted.

7. Rights of the data subject

If your personal data are processed, you are the data subject within the meaning of GPDR and you have the following rights against the controller:

7.1. Right to information
You can ask the controller to confirm whether personal data concerning you are processed by us.

If such processing does take place, you can request the following information from the controller:

  • the purposes for which the personal data are processed;
  • the categories of personal data processed;
  • the recipients or categories of recipients to whom the personal data concerning you have been or are still being disclosed;
  • the planned duration of the storage of personal data concerning you or, if specific information on this is not possible, criteria for determining the storage period;
  • the existence of a right to have the personal data concerning you rectified or deleted, a right to restrict processing by the controller or a right to object to such processing; the existence of a right of appeal to a supervisory authority;
  • any available information on the origin of the data if the personal data were not collected from the data subject;
  • the existence of automated decision-making, including profiling referred to in Art. 22(1) and (4) GPDR and, at least in these cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.

You have the right to request information as to whether the personal data concerning you are transferred to a third country or to an international organisation. In this context, you may ask to be informed of the appropriate guarantees under Art. 46 GPDR in connection with the transmission.

7.2. Right to rectification
You have a right to rectification and/or completion by the controller if the processed personal data concerning you are incorrect or incomplete. The controller shall make the correction without delay.

7.3. Right to restriction of processing
Under the following conditions, you may request that the processing of personal data concerning you be restricted:

  • 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;
  • if the processing is unlawful and you oppose the erasure of the personal data and request the restriction of their use instead;
  • if the controller no longer needs the personal data for the purposes of the processing, but you require them for the establishment, exercise or defence of legal claims, or
  • if you objected to processing pursuant to Art. 21(1) GPDR and it has not yet been verified whether the legitimate grounds of the controller override your grounds.

If the processing of personal data concerning you has been restricted, such data, with the exception of storage, may only be processed with your consent or for the establishment, exercise or defence 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 processing restriction according to the above conditions has been limited, you will be informed by the controller before the restriction is lifted.

7.4. Right to erasure
7.4.1. Erasure obligation
You may obtain from the controller the erasure of the personal data concerning you without undue delay and the controller shall have the obligation to erase such data without undue delay where one of the following grounds applies:

  • The personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed;
  • You withdraw consent on which the processing is based according to point (a) of Art. 6(1) or point (a) of Art. 9(2) GPDR, and where there is no other legal ground for the processing;
  • You object to the processing pursuant to Art. 21(1) GPDR and there are no overriding legitimate grounds for the processing, or you object to the processing under Art. 21(2) GPDR.
  • The personal data concerning you have been processed unlawfully.
  • The erasure of the personal data concerning you is necessary to fulfil a legal obligation under Union law or Member State law to which the controller is subject.
  • The personal data concerning you have been collected in relation to the offer of information society services referred to in Art. 8(1) GPDR.

7.4.2. Information to third parties
If the controller has made the personal data concerning you public and is obliged pursuant to Art. 17(1) GPDR to erase such personal data, they shall, taking account of available technology and the cost of implementation, take reasonable steps, including technical measures, to inform controllers which are processing the personal data that you, as the data subject, have requested the erasure by such controllers of any links to, or copy or replication of, those personal data.

7.4.3. Exemptions
The right to erasure does not exist insofar as the processing is necessary:

  • for exercising the right of freedom of expression and information;
  • for compliance with a legal obligation which requires processing by Union or member state law to which the party responsible 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 party responsible;
  • for reasons of public interest in the area of public health in accordance with points (h) and (i) of Art. 9(2) as well as Art. 9(3) GPDR;
  • for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Art. 89(1) GPDR, in so far as the right referred to in section 7.4.1. is likely to render impossible or seriously impair the achievement of the objectives of that processing; or
  • for the establishment, exercise or defence of legal claims.

7.5. Right of information
If you have exercised your right to have the controller correct, erase or restrict processing, they are required to inform all recipients to whom the personal data concerning you have been disclosed of this correction or erasure of the data or restriction on processing, unless this proves impossible or involves a disproportionate effort. You have the right to be informed of such recipients by the controller.

7.6. 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. In addition, you have the right to transmit those data on to another controller without hindrance from the controller to which the personal data have been provided, where:

  • processing is based on consent pursuant to point (a) of Art. 6(1) GPDR or point (a) of Art. 9(2) GPDR or on a contract pursuant to point (b) of Art. 6(1) GPDR; and
  • 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 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.

7.7. Right to object
You have the right to object, on grounds relating to your particular situation, at any time to processing of personal data concerning you which is based on point (e) or (f) of Article 6(1) GPDR, including profiling based on those provisions.

The controller shall no longer process the personal data concerning you unless they demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or for the establishment, exercise or defence of legal claims.

Where the personal data concerning you are processed for direct marketing purposes, you have the right to object at any time to the processing of the personal data concerning you for such marketing, which includes profiling to the extent that 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 these purposes. You have the possibility to exercise your right to object by automated means using technical specifications in the context of the use of information society services, notwithstanding Directive 2002/58/EC.

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

7.9. 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 authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard your rights, freedoms and legitimate interests; or
  • 3. with your express consent.

However, these decisions may not be based on special categories of personal data referred to in Art. 9(1) GPDR, unless point (a) or (g) of Art. 9(2).GPDR applies and suitable measures to safeguard your rights and freedoms and your legitimate interests are in place.

In the cases referred to in points (1) and (3), the controller shall implement suitable measures to safeguard your rights, freedoms and legitimate interests, 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.

7.10. 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 habitual residence, place of work or place of the alleged infringement if you consider that the processing of personal data relating to you infringes the GPDR.

The supervisory authority with which the complaint has been lodged shall inform the complainant of the progress and the outcome of the complaint including the possibility of a judicial remedy under Art. 78 GPDR.

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