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Privacy Policy

 

This privacy policy describes how WAY watersports 121 FlexCo, FN 627537 z ("WAY") processes your personal data that you provide to WAY. WAY takes the protection of your data very seriously. For this reason, your personal data will be treated confidentially and in accordance with this privacy policy and the statutory provisions and by using data security measures (e.g. SSL encryption). This privacy policy informs you about the type, scope and purpose of the collection and use of your personal data by WAY in connection with product orders via the WAY online shop and in connection with the social media channels and website of WAY.

 

1. Controller

 

The controller according to the GDPR is WAY watersports 121 FlexCo

Address: Otto-von-Lilienthal-Straße 104, 5020 Salzburg

Company register n°: FN 627537 z

e-mail: office@way-watersports.com

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2. What is personal data?

 

Personal data is information that relates to an identified or identifiable natural person (so-called "data subject"). Examples of this are name, address, email address, telephone number, date of birth, age, gender or national insurance number - in the field of IT in particular also IP addresses and possibly user names. There are also special categories of personal data (so-called "sensitive data"). The GDPR defines this as health data or data in connection with criminal proceedings, for example. Personal data is only processed if you provide it yourself when placing orders in the online shop, making orders per email or visiting social media or the website.

 

Data processing in the online shop and when ordering via email: If you contact WAY via the online shop, the website or via email, the data required to respond to your enquiry will be processed (legal basis: Art 6 (1) a), b) and f) GDPR). This may include the following personal data in particular

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  • First name and surname

  • E-mail address and telephone number

  • IP address

  • Account data

  • Other personal data provided by you

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Data processing due to visits to social media fan pages and the website: Cookies are processed as part of the use of the online shop, for more information see Section 7 of this privacy policy. Details on data processing when accessing the WAY fan pages can be found on the respective fan pages in this privacy policy.

 

If you do not wish to disclose any personal data to WAY, WAY may not be able to establish a business relationship with you or answer any enquiries.

 

3. Legal basis

 

WAY processes your personal data only if there is a legal basis within the meaning of Art 6 (1) GDPR.

 

Your data will be processed in particular on the basis of the following legal bases:

 

3.1. Consent – Art 6 (1) a) GDPR

 

If you give your consent in the context of registration for a non-binding pre-offer, contacting us, for a newsletter or for technically unnecessary cookies, the processing of the personal data covered by this is based on your consent. Sensitive data (within the meaning of Art 9 GDPR) that you disclose to WAY will also be processed on the basis of consent. The scope and purposes of the processing depend on the underlying declaration of consent. You can revoke your consent at any time with effect for the future by notifying WAY of the revocation at any time by e-mail or by post to the addresses mentioned in Section 1. Each newsletter also contains a link to unsubscribe from the newsletter and thus to withdraw your consent.

 

3.2. Fulfillment of a contract – Art 6 (1) b) GDPR

 

All processing carried out by WAY in connection with the fulfilment of a contract is based on the legal basis of Art 6 (1) b) GDPR. This also includes data that WAY processes on the basis of any pre-contractual relationships (this includes waiting lists for new product releases) and the sending of e-mails by WAY regarding information on payments, invoices, contract amendments and important information on the product (e.g. necessary data amendments).

 

3.3. Legal obligation – Art 6 (1) c) GDPR

 

If WAY is subject to a legal obligation that requires the processing of personal data, Art 6 (1) c) GDPR serves as the legal basis. This includes, among other things, corporate retention obligations.

 

3.4. Legitimate interest – Art 6 (1) f) GDPR

 

If the processing of personal data is necessary to safeguard a legitimate interest of WAY or a third party, Art 6 (1) f) GDPR serves as the legal basis. In particular, WAY has a legitimate interest in

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  • being able to carry out direct marketing measures;

  • ensuring network and data security, but only to the extent that the legitimate interest is consistent with applicable law and with the rights and freedoms of users;

  • being able to assert, exercise or defend legal claims.

 

4. Automated decision-making pursuant to Art 22 GDPR

 

WAY is not using any automated decision-making pursuant to Art 22 GDPR.

 

5. Where does your data come from?

 

WAY only processes personal data that you provide to WAY yourself. If, for example, you place orders or subscribe for a non-binding pre-order for WAY products, you provide WAY with data such as your e-mail address or postal address in order to process your (pre-)order. The personal data from the processes described in Section 2 of this privacy policy therefore originate from you.

 

6. Newsletter

 

We only send newsletters with your consent in order to inform you about news in the product range, offers and events relating to WAY and partners of WAY. Consent includes the processing of the personal data listed below, such as registration data and data based on the "web-beacon". Registration is always carried out using a double opt-in procedure. After registering, you will receive an email asking you to confirm your registration. As a result, personal data is processed, such as: Name, e-mail, meta/communication data and usage data. The newsletters contain a so-called "web-beacon", i.e. a pixel-sized file that is retrieved from the WAY server or the server of a processor when the newsletter is opened. As part of this retrieval, technical information, such as information about the browser and your system, as well as your IP address and the time of retrieval, is initially collected. This information is used for the technical improvement of our newsletter using the technical data and your reading behaviour based on your retrieval locations (which can be determined using the IP address) or the access times. This analysis also includes determining whether the newsletters are opened, when they are opened and which links are clicked. This information is assigned to the individual newsletter recipients. You can cancel the receipt of our newsletter at any time or revoke your consent and object to further receipt. To do this, you will find a cancellation link at the end of each newsletter or you can use one of the contact options listed above, preferably by email.

 

7. Cookies

 

WAY uses cookies as part of its website and online shop operations. A cookie is a small text file that stores Internet settings. Almost every website uses cookie technology. It is downloaded by your internet browser the first time you visit a website. The next time you visit this website with the same end device, the cookie and the information stored in it is either sent back to the website that created it (first party cookie) or sent to another website to which it belongs (third party cookie). As a result, the website recognises that you have already visited it with this browser and in some cases varies the content displayed. Some cookies are extremely useful as they can improve the user experience when you return to a website that you have already visited several times. Provided that you use the same end device and the same browser as before, cookies remember your preferences, for example, tell you how you use a page and customize the offers displayed to your personal interests and needs.

 

There are essentially the following types of cookies:

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  • Strictly necessary cookies, also known as "strictly necessary" cookies, ensure functions without which you would not be able to use this website as intended. These cookies are used exclusively by WAY and are therefore so-called first party cookies. They are only stored on your computer during the current browser session. Such cookies ensure, for example, the functionality of a change from http to https when changing pages and thus compliance with increased security requirements for data transmission. In addition, such a cookie also stores your decision regarding the use of cookies on the website.

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  • First party cookies on this website that require consent: Cookies that are not absolutely necessary by purely legal definition in order to be able to use the website nevertheless fulfil important tasks. Without these cookies, functions that enable convenient surfing on the website are no longer available and would therefore have to be requested again on each page. In addition to "strictly necessary" cookies, the WAY online shop and website processes the following cookies: Analysis tool of Wix; social media plugins of Instagram, Facebook and YouTube.

 

​If you delete all your cookies at a later date, it will be necessary to carry out the opt-out process again; the same applies if you visit this website from other computers. If your security settings are too high and the cookie is blocked, WAY will not be able to fulfil your opt-out request. In this case, you will be notified and should repeat the opt-out process with lower security settings.

 

8. Server Log Files

 

In order to optimise the website in terms of system performance, user-friendliness and the provision of useful information about services, the website provider automatically collects and stores information in so-called server log files, which your browser automatically transmits to WAY. This includes your Internet Protocol address (IP address), browser and language setting, operating system, referrer URL, your Internet service provider and date/time as well as the content accessed. This data is not merged with personal data sources. WAY reserves the right to check this data retrospectively if specific indications of unlawful use become known.

 

9. Will your data be shared?

 

Your personal data is also processed on our behalf by our service providers (processors). These processors are, in particular, providers of marketing tools, IT service providers, providers of other tools and software solutions, IT maintenance services and other providers of similar services such as web hosts, but also, for example, accountants and other business partners. These process your data only on behalf of and based on the instructions of WAY for the purposes described above. These processors include the following:

 

  • Hetzner Online GmbH, a server and cloud host.

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  • Wix.com for the operation of the website.

 

The potential recipient of your personal data may be located outside the European Union or may process your personal data there. The level of data protection in other countries may not be the same as in Austria. However, WAY only transfers your personal data to countries that have an adequate level of data protection according to the EU Commission. Alternatively, WAY takes measures to ensure that all recipients have an adequate level of data protection, such as the conclusion of agreements within the meaning of the standard contractual clauses (2021/914/EU).

 

Under certain circumstances, WAY may be legally obliged to disclose your data to, for example, supervisory authorities and law enforcement agencies. However, this is only to the extent necessary to prevent and/or detect fraud and other criminal offences or to ensure network and data security.

 

10. How and for how long does WAY process your personal data?

 

Appropriate organizational and technical precautions are taken to protect your personal data. These precautions relate in particular to protection against unauthorised, unlawful or even accidental access, processing, loss, use and manipulation of your personal data. Notwithstanding our endeavours to maintain an appropriately high level of due diligence at all times, it cannot be ruled out that information that you disclose to WAY via the Internet may be viewed and used by other persons. Please note that no liability whatsoever can therefore be accepted for the disclosure of information due to errors in data transmission and/or unauthorised access by third parties not caused by WAY (e.g. hacker attack on e-mail account or telephone, interception of faxes).

 

Your personal data will be processed as long as this is necessary to fulfil contractual or legal obligations (such as corporate retention obligations), to defend against any liability claims and for the duration of the declaration of consent. Thereafter, data is deleted or anonymised in such a way that it can no longer be linked to a specific person. WAY ensures that your personal data is treated in accordance with this data protection notice for the entire period.

 

WAY deletes contact data six months after contact is made, provided that no contractual relationship or declaration of consent is subsequently established.

 

11. Instagram-Fanpage

 

WAY also has an Instagram fan page. This fan page is the company's user account for getting in touch with users on Instagram. Fan page operators can use the "Instagram Insight" function. This compiles anonymised statistical data about visitors to the fan page. Instagram collects this data by setting cookies. Personal data is therefore processed each time this fan page is visited. As the operator of the fan page, WAY is therefore jointly responsible with Instagram (the operator here is also Meta, better known as Facebook) within the meaning of Art 26 GDPR.

 

Registered users: As part of the registration process with Instagram, you agree to the terms of use or privacy and cookie policy. WAY has no influence on these. If you visit the WAY fan page as a registered user, your data will be collected and processed as specified in these terms and conditions.

 

Non-registered users: By accessing a subpage of the fan page, you give your consent to the processing of your personal data by Meta (Art 6 para 1 lit a GDPR).

 

The personal data is stored by Instagram and passed on to WAY anonymously in statistical form, which is why it is not possible for WAY to pass it on to third parties in an identifiable form. The information to whom (as recipients) your personal data is transmitted can be found specifically in Instagram's data protection information and cookie policy.

 

Categories of data that WAY receives from Instagram in anonymous form:

 

  • "Overview": Overview of the last seven or 30 days on how many accounts were reached and how many interactions and subscribers were achieved in total.

  • "Accounts reached": With this key figure, WAY receives information about the reach and impressions of the account, e.g. profile views and visits to the website. When an action button is added, WAY can see how often it has been tapped. WAY can then see data on clicks on call, email, SMS, website and "Plan route" buttons, for example.

  • "Content interactions": With this metric, WAY receives breakdowns of content interactions, e.g. "likes", comments, replies and values indicating how often the content was shared or saved.

  • "Total number of subscribers": These insights include information such as the growth in the number of subscribers, the main locations and age range of subscribers, as well as the times at which subscribers to the WAY fan page are most active on Instagram.

  • It is also possible to retrieve insights on individual content; here, too, information on interactions and subscribers is made available.

 

If you have consented to the processing of your data, you have the right to withdraw this consent at any time, but this does not affect the lawful data processing that has taken place up to that Section. When exercising your rights as a data subject and when withdrawing your consent, please refer to Instagram's privacy policy and the forms contained/linked therein. Alternatively, you can contact Facebook Ireland Ltd, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2 Ireland by post with your requests.

 

12. Facebook Fanpage

 

WAY has a fanpage on Facebook. This fan page is the company's user account for contacting users on Facebook. Fan page operators can use the 'Facebook Insight' function. This compiles anonymised statistical data about visitors to the fan page. Facebook collects this data by setting cookies. Personal data is therefore processed each time this fan page is visited. This data is processed even if you are not logged in/registered on Facebook. As the operator of the fan page, WAY is therefore jointly responsible with Facebook within the meaning of Art 26 GDPR. Registered users: As part of the registration process on Facebook, you agree to the terms of use or privacy and cookie policy. WAY has no influence on these. If you visit the WAY fan page as a registered user, your data will be collected and processed as specified in these terms and conditions. Non-registered users: By accessing a subpage of the fan page, you give your consent to the processing of your personal data by Facebook (Art 6 (1) (a) GDPR). The personal data is stored by Facebook and passed on to WAY anonymously in statistical form, which is why it is not possible for WAY to pass it on to third parties in an identifiable form. The information to whom (as recipients) your personal data is transmitted can be found specifically in Facebook's data protection information (https://www.facebook.com/privacy/explanation) and cookie policy (https://www.facebook.com/policies/cookies/).

 

Categories of data that WAY receives from Facebook in anonymous form

 

i) Information about users and their interactions

 

(1) Users who ‘like’ the fan page: Gender, place of residence, language, age;

 

(2) users reached: those for whom WAY posts have been activated in the last 28 days;

 

(3) interacting users: Users who have interacted with the page in the last 28 days (e.g. by tagging, ‘liking’ etc.);

 

(4) Medium of the user: Whether the access/interaction with the fan page content takes place via PC or mobile device;

 

(5) Fan page views via Facebook or external links that lead to the fan page;

 

(6) Clicking on buttons (e.g. website, ‘Plan route’ button);

 

(7) the frequency of accesses via the fan page preview (when the mouse is moved over the name or profile picture of the page);

 

(8) Online times of users who ‘like’ the fan page;

 

(9) Information about the success (reach and interaction) of the posts;

 

(10) Interactions in itemised form: Negative (hidden posts, spam messages, ‘no more likes’) and positive (‘likes’, other reactions to posts etc) interactions.

 

ii) Information on ‘Like’ information

 

(1) Total number for the fan page; number of new likes;

 

(2) Breakdown of the information by origin, age, gender, language;

 

(3) the number of subscriptions to the page.

 

iii) Information on reach

 

(1) For contributions: Number of people to whom WAY's contributions were made available, broken down into paid and organic reach;

 

(2) total reach, i.e. the number of users to whom WAY's actions were displayed;

 

(3) information on video views, including further information on the length of the view.If you have consented to the processing of your data, you have the right to revoke this consent at any time, but this does not affect the lawful data processing that has taken place up to that point. If you wish to exercise your rights as a data subject or withdraw your consent, please refer to the data protection information on Facebook Page Insights data (https://dede.facebook.com/legal/terms/information_about_page_insights_data) and the forms contained/linked therein. Alternatively, you can contact Facebook Ireland Ltd, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2 Ireland by post with your requests.

 

13. LinkedIn Fanpage

 

WAY has a fan page on LinkedIn. This fan page is the company's user account for contacting users on LinkedIn. Fan page operators can use the ‘LinkedIn Insight’ function. This compiles anonymised statistical data about visitors to the fan page. LinkedIn collects this data by setting cookies. Personal data is therefore processed each time this fan page is visited. This data is also processed if you are not logged in/registered on LinkedIn. As the operator of the fan page, WAY is therefore jointly responsible with LinkedIn within the meaning of Art 26 GDPR. Registered users: As part of the registration process with LinkedIn, you agree to the terms of use or privacy and cookie policy. WAY has no influence on these. If you visit the WAY fan page as a registered user, your data will be collected and processed as specified in these terms and conditions. Non-registered users: By accessing a subpage of the fan page, you give your consent to the processing of your personal data by LinkedIn (Art 6 (1) (a) GDPR). The personal data is stored by LinkedIn and passed on to WAY anonymously in statistical form, which is why it is not possible for WAY to process it to third parties in an identifiable form. The information to whom (as recipients) your personal data is transmitted can be found specifically in LinkedIn's Privacy Policy (https://www.linkedin.com/legal/privacy-policy) and Cookie Policy (https://www.linkedin.com/legal/cookie-policy). Categories of data that WAY receives in anonymous form from LinkedIn:

 

  • Statistics about members, their profession or industry

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  • Calculation of adverts placed or clicked on

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  • Visitor demographics

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  • Further Insight functions can be found in LinkedIn's Privacy Policy and Cookies Policy linked above.

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If you have consented to the processing of your data, you have the right to revoke this consent at any time, but this does not affect the lawful data processing that has taken place up to that point. When exercising your rights as a data subject and when withdrawing consent, please refer to the LinkedIn user agreement (https://de.linkedin.com/legal/useragreement?) and the forms contained/linked therein. Alternatively, you can contact LinkedIn Ireland Unlimited Company (‘LinkedIn Ireland’), Wilton Place, Dublin 2, Ireland, by post with your requests.

 

14. Youtube

 

WAY's website uses the provider YouTube LLC, 901 Cherry Avenue, San Bruno, CA 94066, USA, represented by Google Inc, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA, to embed videos. Normally, when you access a page with embedded videos, your IP address is sent to YouTube and cookies are installed on your computer. However, WAY has embedded our YouTube videos with the extended data protection mode (in this case, YouTube still contacts Google's Double Click service, but according to Google's privacy policy, personal data is not analysed). This means that YouTube no longer stores any information about visitors unless they watch the video. If you click on the video, your IP address is transmitted to YouTube and YouTube learns that you have watched the video. If you are logged in to YouTube, this information will also be assigned to your user account (you can prevent this by logging out of YouTube before watching the video).

 

We have no knowledge of and no influence on the possible collection and use of your data by YouTube. Further information can be found in YouTube's privacy policy at www.google.de/intl/de/policies/privacy/. WAY also refers you to the general description in this privacy policy for the general handling and deactivation of cookies.

 

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15. What data subject rights do you have?

 

As a data subject within the meaning of the GDPR, you have the following rights within the meaning of the GDPR: The right to free information about your stored personal data, its origin and recipients and the purpose of the data processing. You also have the right to correct and transfer your data and, if applicable, to object to, restrict the processing of or delete processed data.

 

Any questions or requests for information, deletion, correction, objection and/or data transfer can be sent to the e-mail address office@way-watersports.com or by post to the address as set out in Section 1.

 

If you are of the opinion that the processing of your personal data by WAY violates the applicable data protection law or your data protection claims have been violated in any other way, you have the option of complaining to the competent supervisory authority. In Austria, the data protection authority (www.dsb.gv.at) is responsible for this.

 

Current status: May 2024

 

WAY watersports 121 FlexCo, FN 627537 z

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