Go boating processes the personal data of customers and potential customers of its partner banks and finance institutions, taking into account the privacy rights described below.
a) As part of its activities for the partner banks and financial institutions, go boating processes personal data that it receives from customers and potential customers. This includes personal information (name, address and other contact information, date and place of birth and nationality), credentials (e.g. ID data) and authentication data (e.g. signature samples).
b) Go boating processes personal data in accordance with the provisions of the European General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (‘Bundesdatenschutzgesetz’ or ‘BDSG’):
aa) For the fulfilment of contractual obligations (Article 6 paragraph 1.b GDPR) in the context of the execution of contracts or the implementation of requested pre-contractual measures.
bb) In the context of balancing interests (Article 6 paragraph 1.f GDPR) as far as necessary beyond the actual execution of the contract for the protection of the legitimate interests of go boating or of third parties, pursuant to Article 6 paragraph 1.f of the GDPR.
cc) Based on consent of the customer (Article 6 paragraph 1.a GDPR).
dd) Based on legal requirements (Article 6 paragraphs a and c GDPR) or in the public interest (Article 6 paragraph 1.e GDPR)
c) As a financial broker, go boating only transfers personal data to its partner banks, financial institutions and insurance companies and - if there is a legal or regulatory obligation - to public bodies and institutions.
d) No transfer of data to offices in countries outside the European Union (so-called third countries) takes place.
e) Go boating processes and stores the personal data of customers and potential customers for as long as is required for the fulfilment of contractual and / or legal obligations. If the data are no longer required they will be deleted on a regular basis, unless their temporary further processing is necessary for the following purposes:
Fulfilment of retention requirements pursuant to German commercial or tax laws: these include the German Commercial Code (‘Handelsgesetzbuch’ or ‘HGB’), the German Tax Code (‘Abgabenordnung’ or ‘AO’), the Credit Services Act (‘Kreditwesengesetz’ or ‘KWG’), the Money Laundering Act (‘Geldwäschegesetz’ or ‘GwG’) and the Securities Trading Act (‘Wertpapierhandelsgesetz’ or ‘WpHG’). The time periods specified here for safeguarding of documentation are set between two and ten years.
Preservation of evidence in accordance with the legal statute of limitations. According to paragraph 195.ff of the German Civil Code (‘Bürgerliches Gesetzbuch’ or ‘BGB’), these statutory periods of limitation can be up to 30 years, whereas the regular period of limitation is 3 years.
f) Each data subject has the right to request and obtain information according to Article 15 of the GDPR, the right to rectification pursuant to Article 16 of the GDPR, the right to restrict processing pursuant to Article 18 of the GDPR, the right to erasure pursuant to Article 21 of the GDPR and the right to data transferability pursuant to Article 20 of the GDPR. With regard to the right to request and obtain information and the right to erasure, the restrictions under paragraphs 34 and 35 of the BDSG apply. In addition, there exists the right to object to the processing of information and to appeal to the relevant data protection supervisory authority (under Article 77 of the GDPR and in conjunction with paragraph 19 of the BDSG).
Any consent given to go boating for the processing of personal data may be revoked by the customer at any time. This also applies to the revocation of declarations of consent issued to the relevant partner bank and financial institutions prior to the application of the GDPR, i.e. before 25 May 2018. The revocation is not retroactive and initially only applies to future processing. Processing that occurred before the revocation is not affected.
g) Go boating does not use fully automated decision-making processes, pursuant to Article 22 of the GDPR.
Information about the right of withdrawal under Article 21 of the General Data Protection Regulation (GDPR)
Case specific right of withdrawal
The client has the right at any time, for reasons arising from their particular situation, to withdraw their consent or object to the processing of their data as per Article 6 paragraph 1.e of the GDPR (data processing in the public interest) and Article 6 paragraph 1.f of the GDPR (data processing in the context of balancing interests). This also applies for any profiling based on this provision, pursuant to Article 4 section 4 of the GDPR.
In the event of such an objection, go boating will no longer process the client's personal data, unless go boating can prove that it has compelling and legitimate reasons that outweigh the interests, rights and freedoms of the client, or unless the processing is for assertion, exercise or defence of legal claims.
The written objection or withdrawal of consent can be made informally, but must be addressed to: Go boating Finanzierungsmakler GmbH, Flughafenstraße 54, Haus A, 22335 Hamburg, Germany.