Data protection declaration

We are pleased to hear that you are interested in our digital platform Skyfld, our company, our products and our services. We take the protection of your personal data very seriously and handle your personal data confidentially and in accordance with the legal data protection provisions as well as with this data protection declaration. 

Use of Skyfld is only possible if you have registered. To do so, you must provide us with personal data. We also collect personal data whenever you contact us – for example, via email.

We would like to point out that data transmission via the Internet (e.g. during email communication) may prove to have security gaps. The gap-free protection of data from access by third parties is not possible.

In a nutshell:

  • The easiest way to contact us about all matters relating to data protection is via email at a.idel@helmag.com. This is also the easiest way to withdraw or cancel your registration.    
  • Your rights are described in detail under point 10.    
  • ‘General Data Protection Regulation (GDPR)’ refers to Regulation (EU) 2016/679, which has been in effect since 25 May 2018.    
  • In general, the legal requirements about data protection serve to protect natural persons and not legal persons. Even if you intend to assert rights for a legal person, please do not hesitate to get in touch with us.
  • Please note that we are obliged to provide a comprehensive data protection declaration which includes situations that will never, or only very rarely, be relevant in our case.    
  • In normal cases, we only collect personal data of registered users or when contact is made with us, and then only for purposes of contract fulfilment (use of the digital platform), execution of measures precedent to the contract, fulfilment of services or other matters which you submit to us. In these cases, our processing of the data is justified by the GDPR.
  • If you have registered via an external sales partner or distributor, you should also take the data protection declaration of the respective company into account. In normal cases, you have consented vis-à-vis the external sales partner to your personal data being transmitted to us and being processed by us.

1.     Name and address of the person responsible for data processing

Responsible person within the meaning of Regulation (EU) 2016/679 (General Data Protection Regulation – GDPR) and other legal provisions related to data protection:
HELM AG
Nordkanalstrasse 28
20097 Hamburg
Germany
Tel.: +49 (0)40 237 50
Fax: +49 (0)40 2375 1845
Email: info(at)helmag.com
Internet: www.helmag.com

2.     Data protection officer

Our data protection officer is 
Mr Axel Idel 
Nordkanalstrasse 28
20097 Hamburg
Germany
Tel.: +49 (0)40 2375 1020
Fax: +49 (0)40 2375 1845
Email: a.idel(at)helmag.com

3.    Collection of general data

In general, you can visit the Skyfld website anonymously, but you can only use the platform after you have registered. Each time you visit the website, your Internet browser transmits the following data to our web server as standard: 

a) browser type and version used

b) the operating system used by the accessing system

c) the website from which the accessing system accesses our website

d) the sub-pages which are accessed via an accessing system on our website

e) the date and the time our website was accessed

f) an Internet protocol (IP) address

g) the Internet service provider of the accessing system

h) other similar data and information which serves to defend against dangers in cases of attacks on our IT systems

However, our web server stores this data separately from other data; therefore we are unable to allocate this data to a particular person. Following an anonymous analysis for statistical purposes, this data is immediately deleted.

4.     Cookies

We use cookies, which enable us to measure the frequency of page views and general navigation. Cookies are small text files which are stored on your device. We would like to point out that some of these cookies are transferred from our server to your device; these are usually so-called session cookies. Session cookies are characterised by the fact that they are automatically deleted from your hard drive at the end of the browser session. Other cookies remain on your device and enable us to recognise your device the next time you visit our website (so-called permanent cookies). You can, of course, reject cookies at any time if your browser allows this. Please note that certain functions of our website may not work or may only work to a limited extent if your browser is set up to not accept cookies (from our website). 

5.    Registration and use of Skyfld 

You must register to be able to use Skyfld. To do so, you must provide us with the following personal data:

a)    Whether the user is a company or a natural person

b)    Your name

c)    Your email address

d)    Your address

e)    Your telephone number

Once you register, we use the information you provide exclusively for your use of Skyfld. You can, of course, cancel or withdraw your registration at any time by informing us – for example, via email to a.idel@helmag.com. 

No further personal data of the users is collected during usage of Skyfld. The following usage types can be allocated to your registered account during usage:

-    If you select and view your fields on a map

-    If you create maps with Skyfld

-    If you follow weather information

-    If you export maps for further uses

Outside of the usage process itself, the usage data is only stored and used anonymously. If fee-based services are used, we require further data from you. Specifically, you must provide us with invoice details. Currently the only payment option is via invoice. If necessary, personal data may be transmitted to the bank for this purpose.

Additionally, we use your registration data to contact you via email or telephone and to inform you about our products, for example in the form of a newsletter. You can object to this usage at any time.

6.    Contact via email or contact form

In addition, personal data can also be collected if an interested party contacts us via email or the contact form and voluntarily provides the relevant data. In accordance with the provisions of the European and German data protection laws, we use the personal data provided to us without separate express consent exclusively for the purpose of fulfilling your request.

7.     Receipt of personal data

We do not transmit your personal data to other recipients. Any transmission is carried out only with your express consent or if we are legally obliged or authorised to do so. Furthermore, we may transmit your data to third parties if this is required for the fulfilment of contractual duties; for example, when sending an invoice by post, the postal service provider receives the necessary address data.

8.     Legal basis for the processing of personal data

Article 6, paragraph 1(b), of the GDPR is the legal basis for the processing of your personal data for the fulfilment of contractual duties (registration for and use of Skyfld). 

If we use your personal data for registration for information about our company and our products, then Article 6, paragraph 1 (f), of the GDPR serves as the legal basis. In accordance with this, processing of personal data is permitted if it serves to safeguard the legitimate interests of our company, unless your interests or fundamental rights and freedoms which require the protection of personal data prevail. Our legitimate interests are, in this case, the execution of our business activities for the benefit of all our employees and the owners of the company.

Article 6, paragraph 1(f), of the GDPR also serves as the legal basis for all other contact requests via the contact form or via email that do not serve registration for and use of the Skyfld platform. Our legitimate interests are, in this case, also the execution of our business activities for the benefit of all our employees and the owners of the company.

The legal basis for the personal data collected by us – such as the IP address and other data – when you visit our website, whether via cookies or otherwise, is Article 6, paragraph 1(f), of the GDPR in this case as well. Our legitimate interests in the processing of this data is the execution of our business activities for the benefit or all our employees and the owners of the company, as well as the convenient, stable and secure operation of the website and the Skyfld portal.

If you have registered for Skyfld via an external sales partner or distributor, please consider the data protection declaration of the respective company as well as the contractual agreement concluded with this company. In this case, we process your personal data based on a contractual agreement with the sales partner on behalf of the sales partner. In normal cases, you have consented vis-à-vis the external sales partner that your personal data is being transmitted to us and processed by us. In this case, the legal basis is in general Article 6, paragraph 1(b), of the GDPR; the processing of your personal data is therefore carried out for the fulfilment of contractual duties. In certain cases, our company may also process your personal data based on consent given vis-à-vis the sales partner; in this case, the legal basis is Article 6, paragraph 1(a), of the GDPR.
Additionally, in rare and exceptional cases, the legal basis for the processing of personal data may be Article 6, paragraph 1(d), of the GDPR, if the processing is required in order to protect your vital interests or other natural persons.

Furthermore, we may be required to process your personal data due to legal obligations (e.g. tax laws); in this case, the legal basis for processing the data is Article 6, paragraph 1(c), of the GDPR.

Otherwise, we only process personal data based on consent of the data subject; in this case, the legal basis is Article 6, paragraph 1(a), of the GDPR.

9.     Duration of data storage

We store your personal data for as long as you are registered for Skyfld and/or for the time required to fulfil your request. The corresponding data is then deleted. If a legally prescribed duration of data storage exists, we will take this into account. 

10.     Rights of data subjects

a)    Right to confirmation

You have the right to demand a confirmation whether we process any personal data that relates to you. If a data subject would like to make use of this right to confirmation, they can contact us at any time to do so.

b)    Right to information

You have the right to receive information from us at any time and free of charge about the personal data stored about you as well as a copy of this information. In addition, you also have the right to request information on the following topics:

-    The purpose for processing    

-    The categories of personal data processed    

-    The recipient or categories of recipients to whom the personal data has been or will be disclosed, particularly for recipients in third countries or international organisations

-    If possible, the planned duration for which the personal data will be stored or, if this is not possible, the criteria for determining said duration    

-    The existence of a right to correction or deletion of personal data relating to the data subject or to the limitation of the processing carried out by the responsible party, or of a right to object to such processing    

-    The existence of a right to appeal to a supervisory authority    

-    If the personal data is not collected from the data subject: all available information about the origin of the data    

-    The existence of automated decision-making, including profiling, pursuant to Article 22, paragraphs 1 and 4, of the GDPR and – at least in these cases – meaningful information about the logic involved and the scope and intended impact of such processing on the data subject

Additionally, you have the right to request and receive information about whether your personal data is transmitted to a third country or to an international organisation. In the unlikely event that this is the case, you have the right to obtain information on the appropriate guarantees in connection with the transmission.

If you would like to make use of your right to information, you can contact us at any time to do so.

c)    Right to correction

You have the right to demand that any incorrect personal data relating to you be corrected immediately. In addition, under consideration of the purposes of processing, you have the right to demand the completion of any incomplete personal data – also by means of a supplementary declaration.

If you would like to make use of your right to correction, you can contact us at any time to do so.

d)    Right to deletion (‘right to be forgotten’)

You have the right to demand that we immediately delete any personal data relating to you if one of the following reasons is applicable and if processing is not required:

-    The personal data was collected for purposes or processed in a way for which the data is no longer necessary.    

-    The data subject withdraws their consent on which the processing was based pursuant to Article 6, paragraph 1(a), of the GDPR or Article 9, paragraph 2(s), of the GDPR, and there is no other legal basis for the processing.    

-    The data subject objects to the processing pursuant to Article 21, paragraph 1, of the GDPR, and there are no overriding legitimate interests in the processing, or the data subject objects to the processing pursuant to Article 21, paragraph 2, of the GDPR.    

-    The personal data was processed illegally or wrongfully.    

-    The deletion of personal data is required for the fulfilment of a legal obligation in accordance with the laws of the European Union or the laws of a member state to which the responsible party is subject.    

-    The personal data was collected in connection with services offered by the information company pursuant to Article 8, paragraph 1, of the GDPR.

If one of the above-mentioned reasons applies in your case and you would like to have the personal data, we have stored about you deleted, you can contact us at any time. We will immediately review and process the deletion request.

If your personal data was made public by us and if our company, as the responsible party pursuant to Article 17, paragraph 1, of the GDPR, is obligated to delete your personal data, our company will – taking into account the technology available and the implementation costs – take appropriate measures, including technical measures, to inform other parties responsible for processing the data made public that you have requested such other parties responsible for data processing to delete all links to this personal data or to copies or replications of this personal data, to the extent that processing is not required. 

e)    Right to limitation of processing

You have the right to demand that we limit the extent to which we process your personal data if one of the following prerequisites exists:

-    You are disputing correctness of the personal data for a period that allows us to verify the correctness of the personal data.    

-    The processing is illegal or wrongful and you reject the deletion of the personal data and, instead, demand that we limit the use of your personal data.    

-    We no longer need the personal data for the purposes of processing, or you need the data for the assertion, exercise or defence of legal claims.   

-    You have objected to the processing and it has not yet been determined whether the legitimate interests of our company override your legitimate reasons for objection.

If the above-mentioned prerequisites exist and you would like to demand that we limit the extent to which we use the personal data we have stored about you, you can contact us at any time. We will then arrange for the processing to be limited.

f)    Right to data transferability

You have the right to receive the personal data relating to you which was provided by you to our company in a structured, common and machine-readable format . Furthermore, you have the right to communicate this data to another responsible party without any hindrance from us, provided that the processing is based on consent or contractual duties and the processing is carried out using automated procedures, provided that the processing is not necessary for the performance of a task in the public interest or in the exercise of official authority entrusted to us.

When exercising your right to data transferability, you have the right to effect that your personal data be transmitted directly by us to another responsible party, provided this is technically possible and provided this does not impair the rights and freedoms of other persons.
You can contact us at any time to assert your right regarding data transferability. 

g)    Right to object

At any time, for reasons that result from your particular situation, you have the right to object to the processing of your personal data that is carried out because it is required for the completion of a task in the public interest or in the exercise of official authority entrusted to us or because the processing of your personal data is carried out because it is required for the preservation of our legitimate interests or those of a third party. 
In cases of objection, we no longer process the personal data unless we can prove compelling grounds for processing which are worthy of protection and which outweigh the interests, rights and freedoms of your person or the processing serves the assertion, exercise or defence of legal claims.
If we process personal data for the purposes of direct advertising, you have the right to object at any time to the processing of personal data for such advertising purposes. This also applies to profiling, provided that it is in connection with such direct advertising. If the data subject objects to the processing for purposes of direct advertising vis-à-vis us, we will no longer process the personal data for these purposes. 
In addition, for reasons which result from your particular situation, you have the right to object to the processing of your personal data carried out by us for scientific or historical research purposes or for statistical purposes, unless such processing is required for the fulfilment of a task that is in the public interest.

You can contact us directly to exercise your right to object. You are free to exercise your right to object by means of automated procedures for which technical specifications are used in relation to the use of services of the information company, notwithstanding Directive 2002/58/EC.

h)    Automated decision-making in individual cases including profiling

You have the right not to be subject to a decision based solely on automated processing, including profiling, which has legal effect against you, or which similarly significantly affects you, provided that the decision: 

(1) is not required for the conclusion or fulfilment of a contract between you and us, or 

(2) is permitted based on legal provisions of the European Union or the member states to which we are subject, and these legal provisions contain appropriate measures for the preservation of rights and freedoms as well as the legitimate interests of your person, or 

(3) is carried out with your express consent.

If the decision 

(1) is required for the conclusion or fulfilment of a contract between you and us, or 

(2) is carried out with your express consent, 

then we take appropriate measures to preserve your rights and freedoms as well as your legitimate interests, including – at a minimum – the right of the responsible party to intervene, to present their point of view and to contest the decision.

You can contact us at any time regarding your rights related to automated decision-making. 

i)    Right to withdraw consent under data protection law

You have the right to withdraw your consent to the processing of your personal data at any time. You can contact us at any time to do so.

j)    Right to appeal to a supervisory authority

You have the right to appeal to a responsible supervisory authority. For example, you can contact the authority responsible for Hamburg:

Free and Hanseatic City of Hamburg
Hamburg Commissioner for Data Protection and Freedom of Information
Professor Johannes Caspar
Klosterwall 6 (Block C), 20095 Hamburg, Germany
Tel.: +49 (0)40 428 544 040
Fax: +49 (0)40 428 544 000
Website: www.datenschutz-hamburg.de
Email: mailbox(at)datenschutz.hamburg.de

11.     Mandatory provision of personal data

We inform you that the provision of personal data may be required by law (e.g. by tax regulations) or may result from contractual provisions (e.g. information on the contractual partner). You may be required to provide us with personal data,  for the conclusion of a contract or for the provision of a service which must then subsequently be processed by us. For example, you are required to provide us with personal information if our company concludes a contract with you as a natural person. Not providing this personal data would result in the contract not being able to be concluded with you. You can contact us prior to providing us with your personal information. We will inform you on a case-by-case basis whether the provision of personal data is required by law or contract, is necessary for the conclusion of a contract, whether there is an obligation to provide the personal data and what consequences would result from the data not being provided. 

Last updated: 23 January 2019