Privacy policy

This privacy policy provides information about the processing of personal data in connection with our activities and operations, including our website under the domain name captnandis.ch. In particular, we provide information on why, how and where we process which personal data. We also provide information about the rights of persons whose data we process.

We may publish further data protection declarations or other information on data protection for individual or additional activities and operations.

1. Contact addresses

Responsibility for the processing of personal data:

Andreas Rieser
Alte Landstrasse 91
8803 Rüschlikon

andreas.rieser@upwind-sailing.ch

In individual cases, third parties may be responsible for the processing of personal data or there may be joint responsibility with third parties.

Data protection advisor

We have the following data protection advisor as a point of contact for data subjects and authorities with enquiries relating to data protection:

Andreas Rieser
Alte Landstrasse 91
8803 Rüschlikon

andreas.rieser@upwind-sailing.ch

2. Terms and legal basis

2.1 Definitions

Data subject: Natural person about whom we process personal data.

Personal data: All information relating to an identified or identifiable natural person.

Particularly sensitive personal data: Data about trade union, political, religious or ideological views and activities, data about health, privacy or membership of an ethnic or racial group, genetic data, biometric data that uniquely identifies a natural person, data about criminal and administrative sanctions or prosecutions, and data about social assistance measures.

Processing: Any handling of personal data, irrespective of the means and procedures used, for example the retrieval, comparison, adaptation, archiving, storage, reading, disclosure, procurement, collection, recording, erasure, disclosure, organisation, storage, modification, dissemination, linking, destruction and use of personal data.

2.2 Legal basis

We process personal data in accordance with Swiss data protection law, in particular the Federal Act on Data Protection (Data Protection Act, DPA) and the Ordinance on Data Protection (Data Protection Ordinance, DPO).

3. Type, scope and purpose of the processing of personal data

We process the personal data required to carry out our activities and operations in a permanent, humane, secure and reliable manner. The processed personal data may fall into the categories of browser and device data, content data, communication data, metadata, usage data, master data including inventory and contact data, location data, transaction data, contract data and payment data.

We also process personal data that we receive from third parties, obtain from publicly accessible sources or collect in the course of our activities and operations, insofar as such processing is permitted for legal reasons.

Where necessary, we process personal data with the consent of the data subjects. In many cases, we may process personal data without consent, for example to fulfil legal obligations or to protect overriding interests. We may also ask data subjects for their consent if their consent is not required.

We process personal data for the duration required for the respective purpose. We anonymise or delete personal data, in particular depending on statutory retention and limitation periods.

4. Disclosure of personal data

We may disclose personal data to third parties, have it processed by third parties or process it jointly with third parties. Such third parties are, in particular, specialised providers whose services we use.

For example, we may disclose personal data to banks and other financial service providers, authorities, educational and research institutions, consultants and lawyers, interest groups, IT service providers, cooperation partners, credit and business information agencies, logistics and shipping companies, marketing and advertising agencies, media, organisations and associations, social institutions, telecommunications companies and insurance companies.

5. Communication

We process personal data in order to be able to communicate with individuals as well as with authorities, organisations and companies. In particular, we process data that a data subject transmits to us when contacting us, for example by post or e-mail. We may store such data in an address book or with comparable tools.

Third parties who transmit data about other persons to us are obliged to independently ensure the data protection of these data subjects. In particular, they must ensure that such data is correct and may be transmitted.

6. Data security

We take suitable technical and organisational measures to ensure data security appropriate to the respective risk. With our measures, we guarantee in particular the confidentiality, availability, traceability and integrity of the processed personal data, without being able to guarantee absolute data security.

Access to our website and our other online presence takes place using transport encryption (SSL / TLS, in particular with the Hypertext Transfer Protocol Secure, abbreviated to HTTPS). Most browsers warn against visiting websites without transport encryption.

Our digital communication – like all digital communication in general – is subject to mass surveillance without cause or suspicion by security authorities in Switzerland, the rest of Europe, the United States of America (USA) and other countries. We cannot directly influence the corresponding processing of personal data by secret services, police forces and other security authorities. We also cannot rule out the possibility that a data subject may be subject to targeted surveillance.

7. Personal data abroad

We generally process personal data in Switzerland. However, we may also disclose or export personal data to other countries, in particular in order to process it or have it processed there.

We may disclose personal data to all countries on earth and elsewhere in the universe, provided that the local law guarantees adequate data protection in accordance with the decision of the Swiss Federal Council.

We may disclose personal data to countries whose laws do not guarantee adequate data protection, provided that adequate data protection is guaranteed for other reasons, in particular on the basis of standard data protection clauses or with other suitable guarantees. Exceptionally, we may export personal data to countries without adequate or appropriate data protection if the special requirements under data protection law are met, for example the express consent of the data subjects or a direct connection with the conclusion or fulfilment of a contract. We will be happy to provide data subjects with information about any guarantees or provide a copy of guarantees on request.

8. Rights of data subjects

8.1 Claims under data protection law

We grant data subjects all rights in accordance with the applicable data protection law. In particular, data subjects have the following rights:

• Information: Data subjects may request information as to whether we process personal data about them and, if so, what personal data is involved. Data subjects also receive the information required to assert their data protection claims and ensure transparency. This includes the processed personal data as such, but also information on the purpose of processing, the duration of storage, any disclosure or export of data to other countries and the origin of the personal data.
• Correction and restriction: Data subjects can have incorrect personal data corrected, incomplete data completed and the processing of their data restricted.
• Erasure and objection: Data subjects can have personal data erased (‘right to be forgotten’) and object to the processing of their data with effect for the future.
• Data disclosure and data transfer: Data subjects may request the surrender of personal data or the transfer of their data to another controller.

We may defer, restrict or refuse the exercise of data subjects’ rights to the extent permitted by law. We may inform data subjects of any requirements that must be met in order to exercise their rights under data protection law. For example, we may refuse to provide information in whole or in part with reference to confidentiality obligations, overriding interests or the protection of other persons. For example, we may also refuse to delete personal data in whole or in part, in particular with reference to statutory retention obligations.

In exceptional cases, we may charge costs for the exercise of rights. We will inform data subjects of any costs in advance.

We are obliged to take appropriate measures to identify data subjects who request information or assert other rights. Data subjects are obliged to co-operate.

8.2 Legal protection

Data subjects have the right to enforce their data protection claims through the courts or to lodge a complaint with a data protection supervisory authority.

The data protection supervisory authority for private controllers and federal bodies in Switzerland is the Federal Data Protection and Information Commissioner (FDPIC).

9. Use of the website

9.1 Cookies

We may use cookies. Cookies – our own cookies (first-party cookies) as well as cookies from third parties whose services we use (third-party cookies) – are data that are stored in the browser. Such stored data need not be limited to traditional cookies in text form.

Cookies can be stored in the browser temporarily as ‘session cookies’ or for a certain period of time as so-called permanent cookies. ‘Session cookies’ are automatically deleted when the browser is closed. Permanent cookies have a specific storage period. In particular, cookies make it possible to recognise a browser the next time it visits our website and thus, for example, to measure the reach of our website. However, permanent cookies can also be used for online marketing, for example.

Cookies can be completely or partially deactivated and deleted at any time in the browser settings. Without cookies, our website may no longer be fully available. We actively request your express consent to the use of cookies – at least if and to the extent necessary.

For cookies that are used to measure success and reach or for advertising, a general objection (‘opt-out’) is possible for numerous services via AdChoices (Digital Advertising Alliance of Canada), the Network Advertising Initiative (NAI), YourAdChoices (Digital Advertising Alliance) or Your Online Choices (European Interactive Digital Advertising Alliance, EDAA).

9.2 Logging

We may log at least the following information for each access to our website and our other online presence, insofar as this information is transmitted to our digital infrastructure during such accesses: Date and time including time zone, IP address, access status (HTTP status code), operating system including user interface and version, browser including language and version, individual sub-page of our website accessed including amount of data transferred, last website accessed in the same browser window (referrer).

We record such information, which may also constitute personal data, in log files. The information is required to provide our online presence in a permanent, user-friendly and reliable manner. The information is also required to ensure data security – also by third parties or with the help of third parties.

9.3 Tracking pixels

We may integrate tracking pixels into our online presence. Tracking pixels are also known as web beacons. Tracking pixels – including those from third parties whose services we use – are usually small, invisible images or scripts written in JavaScript that are automatically retrieved when our online presence is accessed. Tracking pixels can be used to collect at least the same information as log files.

10. Social Media

We are present on social media platforms and other online platforms in order to communicate with interested parties and provide information about our activities and operations. In connection with such platforms, personal data may also be processed outside Switzerland.

The General Terms and Conditions (GTC) and terms of use as well as data protection declarations and other provisions of the individual operators of such platforms also apply in each case. These provisions provide information in particular about the rights of data subjects directly vis-à-vis the respective platform, including, for example, the right to information.

11. Services of third parties

We use the services of specialised third parties in order to be able to carry out our activities and operations in a sustainable, people-friendly, secure and reliable manner. Among other things, we can use such services to embed functions and content in our website. In the case of such embedding, the services used record the IP addresses of users at least temporarily for technically compelling reasons.

For necessary security-related, statistical and technical purposes, third parties whose services we use may process data in connection with our activities and operations in aggregated, anonymised or pseudonymised form. This is, for example, performance or usage data in order to be able to offer the respective service.

We use in particular:

• Google services: Provider: Google LLC (USA) / Google Ireland Limited (Ireland) partly for users in the European Economic Area (EEA) and in Switzerland; General information on data protection: ‘Privacy and security principles’, ‘More information on how Google uses personal data’, Privacy policy, ‘Google is committed to complying with applicable data protection laws’, ‘Guide to privacy in Google products’, ‘How we use data from websites or apps on or in which our services are used’, ‘Types of cookies and similar technologies used by Google’, ‘Advertising’ (‘Personalised advertising’). where our services are used‘, “Types of cookies and similar technologies Google uses”, “Advertising you can control” (’Personalised advertising”).
• Services from Microsoft: Provider: Microsoft Ireland Operations Limited (Ireland) for users in the European Economic Area (EEA), Switzerland and the United Kingdom / Microsoft Corporation (USA) for users in the rest of the world; General information on data protection: ‘Data protection at Microsoft’, ‘Data protection and privacy’, Privacy Policy, ‘Data and privacy settings’.

11.1 Digital infrastructure

We use the services of specialised third parties in order to be able to use the necessary digital infrastructure in connection with our activities and operations. This includes, for example, hosting and storage services from selected providers.

We use in particular:

• Cyon: Hosting; Provider: cyon GmbH (Switzerland); Information on data protection: ‘Data protection’, Privacy Policy.
• Google Cloud including Google Cloud Platform (GCP): Storage space and other infrastructure; Google Cloud-specific providers: National or regional Google companies depending on country and region; Google Cloud-specific information: ‘Privacy Centre’, ‘Google Cloud and General Data Protection Principles’, ‘Google Cloud Privacy Notice’, ‘Data Protection’.
• Dropbox Cloud storage service; Service provider: Dropbox International Unlimited Company; Privacy Policy: ‘Privacy Policy’.
• WordPress.com: Blog hosting and website builder; Service provider: Automattic Inc (USA) / Aut O’Mattic A8C Ireland Ltd (Ireland) for users in Europe and elsewhere; Privacy Policy: Privacy Policy, Cookie Policy.

11.2 Appointment scheduling

We use the services of specialised third parties to arrange appointments online, for example for meetings. In addition to this privacy policy, any directly visible terms and conditions of the services used, such as terms of use or privacy policies, also apply.

We use in particular:

• Google Calendar: online scheduling; Provider: Google; Google Calendar-specific information: ‘Scheduling with Google Calendar’, ‘Data protection in Google Calendar’.

11.3 Audio and video conferencing

We use specialised audio and video conferencing services to communicate online. For example, we can use them to hold virtual meetings or conduct online lessons and webinars. When participating in audio and video conferences, the legal texts of the individual services, such as data protection declarations and terms of use, also apply.

Depending on your life situation, we recommend muting the microphone by default and blurring the background or displaying a virtual background when participating in audio or video conferences.

We use in particular:

• Google Meet: Video conferencing; Service provider: Google; Google Meet-specific information: ‘Google Meet – Security and privacy for users’.
  Zoom: Platform for collaborative work, in particular with video conferencing; Provider: Zoom Video Communications Inc. (USA); Information on data protection: ‘Data protection at Zoom’, Privacy Policy, ‘Legal compliance’.

11.4 Social media functions and social media content

We use third-party services and plugins to embed functions and content from social media platforms and to enable the sharing of content on social media platforms and in other ways.

We use in particular:

• Facebook (social plugins): Embedding Facebook functions and Facebook content, for example ‘Like’ or ‘Share’; provider: Meta Platforms Ireland Limited (Ireland) and other Meta companies (including in the USA); Information on data protection: Privacy Policy.
• Instagram platform: Embedding Instagram content; Service provider: Meta Platforms Ireland Limited (Ireland) and other Meta companies (including in the USA); Privacy Policy: Privacy Policy (Instagram), Privacy Policy (Facebook).

11.5 Map material

We use third-party services to embed maps in our website.

We use in particular:

• Google Maps including Google Maps Platform: map service; Provider: Google; Google Maps-specific information: ‘How Google uses location information’.

11.6 Digital content

We use services from specialised third parties to integrate digital content into our website. Digital content includes, in particular, image and video material, music and podcasts.

We use in particular:

• YouTube: Video platform; Provider: Google; YouTube-specific information: ‘Privacy and security centre’, ‘My data on YouTube’.

11.7 Documents

We use third-party services to integrate documents into our website. Such documents may include PDF files, presentations, tables and text documents. This enables us not only to view but also to edit or comment on such documents.

We use in particular:

• Microsoft 365: text documents, presentations and tables; Provider: Microsoft; Microsoft 365-specific information: ‘Data protection and security with Microsoft 365’.

11.8 Advertising

We use the option of displaying targeted advertising on third parties such as social media platforms and search engines for our activities and operations.

In particular, we would like to use such advertising to reach people who are already interested in our activities and operations or who might be interested in them (remarketing and targeting). For this purpose, we may transmit relevant – possibly also personal – data to third parties that enable such advertising. We can also determine whether our advertising is successful, i.e. in particular whether it leads to visits to our website (conversion tracking).

Third parties with whom we advertise and with whom you are registered as a user may be able to assign the use of our website to your profile there.

We use in particular:

• Google Ads: Search engine advertising; Provider: Google; Google Ads-specific data: Advertising based on search queries, among other things, whereby various domain names – in particular doubleclick.net, googleadservices.com and googlesyndication.com – are used for Google Ads, privacy policy for advertising, ‘Manage displayed adverts directly via ads’.
• Meta adverts (Meta Ads): Social media advertising on Facebook and Instagram; Service provider: Meta Platforms Ireland Limited (Ireland) and other meta companies (including in the USA); Data protection information: Targeting, including retargeting, in particular with the meta pixel and with custom audiences including lookalike audiences, privacy policy, ‘Advertising preferences’ (registration as user required).

12. Extensions for the website

We use extensions for our website in order to be able to use additional functions. We may use selected services from suitable providers or use such extensions on our own digital infrastructure.

We use in particular:

• Google reCAPTCHA: Spam protection (differentiation between desired content from humans and unwanted content from bots and spam); Provider: Google; Google reCAPTCHA-specific information: “What is reCAPTCHA?”.

13. Success and reach measurement

We try to measure the success and reach of our activities and operations. In this context, we can also measure the effect of third-party references or check how different parts or versions of our online offering are used (“A/B test” method). Based on the results of the success and reach measurement, we can in particular correct errors, strengthen popular content or make improvements.

In most cases, the IP addresses of individual users are recorded to measure success and reach. In this case, IP addresses are generally shortened (“IP masking”) in order to comply with the principle of data minimization through the corresponding pseudonymization.

Cookies may be used to measure success and reach and user profiles may be created. Any user profiles created include, for example, the individual pages visited or content viewed on our website, information on the size of the screen or browser window and the – at least approximate – location. In principle, any user profiles are only created in pseudonymized form and are not used to identify individual users. Individual third-party services with which users are registered may be able to assign the use of our online offering to the user account or user profile of the respective service.

We use in particular:

• Google Marketing Platform: Performance and reach measurement, in particular with Google Analytics; Service provider: Google; Google Marketing Platform-specific information: Measurement also across different browsers and devices (cross-device tracking) with pseudonymized IP addresses, which are only transmitted in full to Google in the USA in exceptional cases, privacy policy for Google Analytics, “Browser add-on to deactivate Google Analytics”.
• Google Tag Manager: Integration and management of services from Google and third parties, in particular for measuring success and reach; Provider: Google; Google Tag Manager-specific information: Privacy policy for Google Tag Manager; further information on data protection can be found in the individual integrated and managed services.

14. Final notes on the privacy policy

We have created this privacy policy with the privacy policy generator of Datenschutzpartner.

We may update this privacy policy at any time. We will inform you about updates in an appropriate form, in particular by publishing the current privacy policy on our website.