Privacy Policy: Disclaimer – legal information

Welcome to nicko cruises Schiffsreisen GmbH and our online presence, including www.nicko-cruises.de

Thank you for your interest in the products and services we offer. The protection of your privacy and your personal data is very important to us. This is why we collect and use your data strictly in accordance with the provisions of the General Data Protection Regulation (EU) 2016/679 (GDPR), the Federal Data Protection Act (Bundesdatenschutzgesetz, BDSG) and the Telemedia Act (Telemediengesetz, TMG). As the controller responsible for data processing, we would like to inform you in this document about the type of data we collect and how we process this data.

  1. Personal data
    Personal data within the meaning of GDPR means any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. Personal data will only be stored if this is necessary to provide the booked services, to comply with legal requirements or for the purposes specified below.
  2. Anonymised data / log files
    You can visit our website without the need to collect personal data. Nevertheless, certain anonymous data is stored every time you visit our website, e.g. the pages or products/services you accessed. However, this data is not personal in nature, and it is, therefore, not subject to the provisions of the GDPR or BDSG.
    The website operator or provider collects data about website visits and saves it as "server log files". The following data is logged in this way:
    Visited website, time at the time of access, amount of data sent in bytes, referring website from which you accessed our website, information about the browser, operating system and IP address used.
    The data collected is only used for statistical evaluations and to improve the website. However, the website operator reserves the right to check the server log files retrospectively if there are concrete indications of illegal use.
    Anonymous data is collected solely for statistical evaluation purposes to improve our products and services. Please take note of the item "Right to information / right to withdraw".
  3. Purpose of collecting personal data
    However, the collection of personal data becomes essential if you book a trip or other service through our portal, contact us, subscribe to our newsletter or want to use other products or services on our website, which cannot be processed without personal data. This includes voucher purchases as well as participation in competitions.
    In accordance with the legal provisions and the principle of data minimisation, we typically only collect data required for the provision of a specific service. If we request additional information in our forms, the provision is always voluntary and marked as such.
    The temporary storage of the IP address by the system is necessary to display the website on the user’s computer. To do this, it is necessary to store the user’s IP address for the duration of the session. Furthermore, log files are stored to ensure the functionality of the website. In addition, the data is used to optimise the website and to ensure the security of our information technology systems. An evaluation of the data for marketing purposes does not take place in this context. In accordance with Article 6 (1) (f), our legitimate interest lies in the processing of data for the above purposes.
    If you book a trip or another service, the data collected will be used to process this booking in compliance with the legal requirements for the processing of data for promotional and statistical purposes.
    The legal basis for sending the newsletter based on a sale of products or services is Article 7 (3) of the German Act against Unfair Competition (UWG).
    If you subscribe to our newsletter, we will also store and use the data you provided about you and your trip on the basis of Article 6 (1) (f) GDPR to provide you with the best possible service as a newsletter subscriber.
    The legal basis for processing of the data following the user's subscription to the newsletter based on the user's consent is Article 6 (1) (a) GDPR.
    We also use the personal data we store to maintain customer relations, for customer care (e.g. information about your stay), to carry out our own advertising and marketing measures (e.g. the dispatch of catalogues, other advertising mailings within the legally permissible scope, queries about customer satisfaction) and to process orders.
  4. Legal basis for the processing of personal data
    The legal basis for data processing where we have obtained consent from the data subject is Article 6 (1) (a) of the EU General Data Protection Regulation (GDPR).
    When it is required that we process personal data to perform a contract to which the data subject is a party, point (b) of Article 6 (1) GDPR serves as the legal basis. This also applies to processing necessary to implement pre-contractual measures.
    Where processing is necessary for compliance with a legal obligation to which our company is subject, the legal basis for processing will be Article 6 (1) (c) GDPR.
    The legal basis for processing necessary to protect the vital interests of the data subject or of another natural person is Article 6 (1) (d) GDPR.
    Where processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party and such interests are not overridden by the interests or fundamental rights and freedoms of the data subject, the legal basis for processing will be Article 6 (1) (f) GDPR.
  5. Transmission of personal data to third parties
    Any transmission of personal data to third parties will take place in strict compliance with applicable data protection and competition law requirements.
    Insofar as this is necessary for the provision of the services to be rendered under the terms of an agreement or in accordance with our legal obligations, your data will also be passed on to subcontractors or service providers to provide the service in our name or on our behalf (e.g. technical processing of sending mail or emails, payment processing, customer services).
    In addition, the data will be passed on to persons or companies to process your booking, in particular to airlines, tour operators, hotels, travel agencies, car rental companies, cruise lines, authorities, etc. Please note that the data protection regulations at the registered office of these persons and companies may differ from those in Germany.
    Your data will also be disclosed and passed on to third parties if we are obliged to do so by law or due to legally binding legal proceedings.
    You have the right to receive the personal data concerning you, which you have provided to us, in a structured, commonly used and machine-readable format. In addition, you have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided.
  6. Storage and erasure of data
    Your personal data will be stored within the scope of the purposes stated under the point "Purpose of collecting personal data". The personal data of the data subject will be deleted or blocked as soon as the data is no longer required for the purpose for which it was originally stored. In addition, such storage may be provided for by Union or national laws, regulations or other provisions to which the controller is subject. The law stipulates various retention requirements and periods. The data will also be blocked or erased upon expiry of the storage period prescribed by the laws and regulations specified above, unless there is a need to continue storing the data for purposes of contract conclusion or performance.
  7. Use of cookies
    We use cookies (small computer files with text information that the web server sends to your web browser) to improve your experience when visiting our website.. For example, some notices only appear once if you allow us to set a cookie. In addition, our cookies have an expiration date. If you delete your cookies manually before expiry, you will receive a new one the next time you visit the website, unless you block the storage of cookies.
    The technical specifications stipulate that only the server can read a cookie that has been sent by it. We assure you that we do not store any personal data in cookies.
    Unfortunately, our website and related products and services can only be used to a limited extent without accepting cookies. This is why we recommend that you enable cookies permanently for our interent presence. Most web browsers are set to accept cookies automatically. However, you can disable the storage of cookies and set your web browser to notify you as soon as cookies are sent.
    The legal basis for the processing of personal data using cookies is Article 6 (1) lit. f GDPR.
    The legal basis for the processing of personal data using cookies for analytical purposes with the prior user consent to the processing of data is Article 6 (1) (a) GDPR.
  8. Use of Google Analytics
    This website uses Google Analytics, a web analysis service provided by Google Inc. 1600 Amphitheatre Parkway, Mountain View, CA 94043 USA ("Google"). Google Analytics uses "cookies", which are text files stored in your computer which enable analysis of the way users use the website. The information about your usage of this website generated by this cookie (including your IP address) is transferred to a server operated by Google in the USA and stored there. Google will use this information to analyse your usage of this website, generate reports about activities on this website for the website operators and to provide additional services related to the use of this website and the internet. Google may also pass on this information to third parties when required to do so by law or when such third parties process the information on Google’s behalf. Google will never associate your IP address with any other data held by Google. You can prevent cookies from being installed on your computer by setting your browser not to accept cookies. Please note that if you if you do this, some features of this website may no longer function properly. By using this website, you consent to the processing of data collected about you by Google in the manner described above and for the aforementioned purpose.
    The Google tracking codes on this website use the "_anonymizeIp()" function, which means that IP addresses are only processed in a truncated form to ensure it cannot be used to be traced back to any particular individual. You are entitled to object to the collection and storage of data at any time with future effect. You can also prevent data collected by the cookie and data related to your use of the website (including your IP address) from being collected by Google and prevent this data from being processed by Google by downloading and installing the browser plug-in that can be accessed by clicking on the link below. The latest link is http://tools.google.com/dlpage/gaoptout?hl=de.
    You can prevent the collection of data by Google Analytics by clicking on the following link. An opt-out cookie is used to prevent your data from being captured in future when visiting this website: opt out from Google Analytics.
  9. Use of Google Fonts
    Our online presence uses Google Fonts and the Google Fonts API to display fonts and symbols. When using Google Fonts, if the data is not stored on the local servers of our online presence, Google also collects, processes and uses data about the use of the Fonts functions by visitors to the website. For more information about data processing by Google, you can refer to Google's privacy notice at www.google.com/privacypolicy.html, where you can also change your settings in the data protection centre, so that you can manage and protect your data. The terms of use of Google Fonts are available at fonts.google.com/about and https://policies.google.com/terms?hl=en
  10. Use of Google Tag Manager
    On our website we use the Google Tag Manager, a service of Google Ireland Limited, Gordon Hous, Barrow Street, Dublin 4, Ireland. The Google Tag Manager enables us to integrate other services into our website. The Tag Manager implements tags only. This means that no user profiles are created or cookies stored and only your IP address as a user is processed, which is necessary to run the Google Tag Manager in the first place. If you have disabled the use of cookies, this will also apply to all tracking tags used with the Google Tag Manager. For more information about data processing by Google, please visit https://policies.google.com/privacy.
  11. Use of Google Maps
    Our online presence uses Google Maps and the Google Maps API to display a location map and geographical information. When Google Maps is used, Google will collect, process and use data about the use of map functions from visitors of the websites. For more information about data processing by Google, you can refer to Google's privacy notice at www.google.com/privacypolicy.html, where you can also change your settings in the data protection centre, so that you can manage and protect your data. The terms of use of Google Maps are available at www.google.com/intl/de_de/help/terms_maps.html
  12. Use of Econda
    To customise and optimise this web page, pseudonymised user data will be collected and used to create user profiles with the help of solutions and technologies from econda GmbH (www.econda.de). For this purpose, cookies can be used that enable the recognition of a web browser. Without the express consent of the visitor, user profiles will not be linked to any data about the bearer of the pseudonym. In particular, IP addresses are made unrecognizable immediately after receipt. Visitors to this web page can object to this data collection and storage at any time with effect for the future.
    If you object, an opt-out cookie will be stored on your device. Please note that if you delete your cookies, you will have to click on the link again.
  13. Reviews through Trusted Shops
    If you have given your express consent either during or after your order by clicking on the relevant tick box or button (“Provide feedback later”), we will forward your email address to Trusted Shops GmbH, Subbelrather Str. 15c, 50823 Cologne (www.trustedshops.de) to provide reminders for giving feedback on your order, to let them send email reminders for providing feedback. This consent can be withdrawn at any time by sending a message to the contact details below or directly to Trusted Shops.
  14. Facebook social plug-ins
    Our online presence uses social plug-ins ("plug-ins") provided by the social media platform facebook.com operated by Facebook Inc., 1601 S. California Avenue, Palo Alto, CA 94304, USA ("Facebook"). The Facebook plug-ins are identified by one of the Facebook logos (white "f" on blue tile, the terms "like" or a "thumbs up" sign) or by the Facebook social plug-in tag. The list and the appearance of the Facebook social plug-ins can be viewed here: developers.facebook.com/docs/plugins/
    When you access a web page on our internet presence that contains this social plug-in, your browser establishes a direct connection with Facebook servers. The content of the plug-in is then transmitted by Facebook directly into your browser and integrated into the web page. We, therefore, do not have any influence over the scope of data collected by Facebook with this plug-in and any information in this respect is provided on the basis of information at our disposal: by integrating the plug-in, Facebook receives the information that your browser has accessed a particular page on our interent presence. If you are logged into Facebook, Facebook can link the visit directly to your Facebook account. If you interact with the plug-ins, for example, by clicking on the "Like" button or adding a comment, the relevant information is also transmitted directly to Facebook and stored there. Even if you are not a member of Facebook, Facebook may still identify and save your IP address. For more information on the purpose and scope of collection, further processing and the use of data by Facebook as well as your rights and the options available to protect your privacy, please refer to Facebook's privacy policy: www.facebook.com/policy.php
    If you are a Facebook member, and you do not want Facebook to collect data about you through our interent presence, you have to log out from Facebook before visiting our website. In addition, you can use add-ons to block Facebook social plug-ins, for example, the "Facebook Blocker".
  15. Facebook Conversion Pixels
    This interent presence uses the "Facebook pixel" from Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA ("Facebook"). These allow the behaviour of users to be tracked after they view or click on a Facebook ad. This process is designed to evaluate the effectiveness of Facebook ads for statistical and market research purposes and may help to optimise future advertising activities.
    The data collected are anonymous and we cannot use it to identify any particular user. However, the data are stored and processed by Facebook, which may link it to your respective user profile and Facebook may use the data for its own advertising purposes, in accordance with Facebook's privacy policy, (https://www.facebook.com/about/privacy/). Users can allow Facebook and its partners to show ads on and outside of Facebook. They may also store cookies on users' computers for this purpose.
    By visiting our website and our Facebook page, you agree to this use. To object to the use of cookies on the computer in general, the web browser can be set in such a way that cookies can no longer be stored on the computer in the future or cookies that have already been stored are deleted. However, if all cookies are disabled, some functions on our website may no longer work properly. The user can also disable the use of cookies by third-party providers such as Facebook on the following website of the Digital Advertising Alliance: http://www.aboutads.info/choices/
  16. Use of XING social plug-ins
    This interent presence uses social media plug-ins from the social media platform Xing, which is operated by XING AG, Dammtorstraße 29-32, 20354 Hamburg, Germany ("XING"). The "social plug-ins" are identified by the XING logo, a stylized "X" of opposing arrows in green. When this web page is accessed, the user's browser briefly establishes a connection to XING servers, which are used to provide the "XING share button" functions (in particular the calculation/display of the counter). XING does not store any personal data of the user when visiting this website. In particular, XING does not store any IP addresses. In addition, it does not use cookies to analyse your user behaviour when you interact with the "XING share button". Users can access the latest data protection information on the "XING share button" and additional information on the following web page: www.xing.com/app/share
  17. Use of the LinkedIn social plug-ins
    This interent presence uses plug-ins from the social media platform linkedin.com ("LinkedIn"), which is operated by LinkedIn Corporation, 2029 Stierlin Court, Mountain View, CA 94043, USA ("LinkedIn"). The LinkedIn plug-ins are identified by the relevant logo or the "Recommend button". Please note that the plug-in establishes a connection between your respective web browser and the LinkedIn server when you visit our web page. As a result, LinkedIn will be informed that this web page has been visited by someone with your IP address. If you click on the LinkedIn "Recommend" button and you are logged into your LinkedIn account at the same time, you have the option of linking content from our web page to your LinkedIn profile page. In doing so, you enable LinkedIn to link the visit to our web page directly to you or your user account. Please note that we have no knowledge of the content of the transmitted data and its use by LinkedIn.
    Further details on the collection of data and your legal options as well as setting options are available at LinkedIn at www.linkedin.com
  18. Use of Optimizely
    This website uses Optimizely, a web analysis service provided by Optimizely, Inc. ("Optimizely"). Optimizely uses "cookies", which are text files stored in your computer which enable analysis of the way users use the website. The information generated by the cookie about your use of the website will typically be transmitted to and stored by Optimizely on servers in the USA.
    If IP anonymisation is activated on this website, your IP address will be truncated by Optimizely within member states of the European Union or other parties to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to an Optimizely server in the USA where it will be truncated. On behalf of the operator of this website, Optimizely will use this information to evaluate your use of the website and to compile reports on website activity.
    Optimizely will not associate your IP address transmitted by your browser with any other data held by Optimizely. You can prevent the storage of cookies by changing the relevant settings of your browser. However, please note that if you do this you may not be able to use all the features of this website. Furthermore, you can opt out from Optimizely tracking at any time (and prevent the collection of data generated by the cookie about your use of the website - including your IP address - and the processing of this data by Optimizely) by following the instructions at www.optimizely.com/opt_out&nbsp.
    You can opt out from Optimizely's tracking at any time by clicking on this link.
  19. Security, questions and suggestions, controller
    Last but not least, security also depends on your system. You should always keep your access information confidential, never allow passwords to be stored by the web browser and close the web browser window when you leave our website. This will make it more difficult for third parties to access your personal data.
    Use an operating system that can manage user rights. Also set up multiple users on your system within your family and never use the internet with administrator rights. Use security software such as virus scanners and firewalls and keep your system up to date on an ongoing basis. The controller of this online presence within the meaning of the General Data Protection Regulation and other national data protection laws of the Member States of the EU as well as other data protection provisions is:

    nicko cruises Schiffsreisen GmbH
    Mittlerer Pfad 2
    70499 Stuttgart, Germany
    Phone: +49 (0) 711 / 24 89 80 – 44
    Fax: +49 (0) 711 / 24 89 80 – 77
    E-Mail: info@nicko-cruises.de
    www.nicko-cruises.de

    Data protection officer:
    Noll & Hütten Rechtsanwälte
    legal representative, Frank Hütten 

    at

    nicko cruises Schiffsreisen GmbH
    Mittlerer Pfad 2
    70499 Stuttgart
    datenschutz@nicko-cruises.de
  20. Right to information / right to withdraw; other rights of data subjects
    You have the right:
    • to obtain information about your personal data we process in accordance with Article 15 GDPR. In particular, you may obtain information about the purposes of processing, the category of personal data, the categories of recipients to whom your data have been or will be disclosed, the envisaged period for which the personal data will be stored, the existence of the right to request rectification or erasure of personal data or restriction of processing of personal data or to object to such processing, the right to lodge a complaint, the source of data, where we have not collected the data, and the existence of automated decision-making, including profiling and, where appropriate, meaningful information about the details involved;
    • to obtain from us without undue delay the rectification of inaccurate personal data we store on you in accordance with Article 16 GDPR;
    • to obtain from us the erasure of data we store on you without undue delay in accordance with Article 17 GDPR, unless the processing is necessary for exercising the right of freedom of expression and information, for compliance with a legal obligation, for reasons of public interest or for the establishment, exercise or defence of legal claims;
    • to obtain from us restriction of processing in accordance with Article 18 GDPR if you contest the accuracy of the personal data, the processing is unlawful and you oppose the erasure of the personal data and we no longer need the personal data, but you require the data for establishment, exercise or defence of legal claims or if you have objected to processing pursuant to Article 21 GDPR;
    • to receive the personal data concerning you, which you have provided to us, in a structured, commonly used and machine-readable format and have the right to transmit those data to another controller in accordance with Article 20 GDPR;
    • to withdraw your consent at any time in accordance with Article 7 (3) GDPR. As a result, we will no longer be allowed to process data based on this consent going forward and
    • to lodge a complaint with a supervisory authority in accordance with Article 77 GDPR. As a general rule, you can contact the supervisory authority of your habitual residence or place of work or our company's registered office.
    You can exercise these rights free of charge. To withdraw your consent to the use of data, to request information, rectification, restriction of processing or erasure or to exercise other data subject rights, please contact:

    nicko cruises Schiffsreisen GmbH
    Mittlerer Pfad 2
    70499 Stuttgart
    Phone: 0711 / 24 89 80 – 44
    Fax: 0711 / 24 89 80 – 77
    E-Mail: info@nicko-cruises.de