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Viva Cruises Privacy Policy

This privacy policy informs about the processing of personal data on the website of:

VIVA Cruises GmbH
Heerdter Sandberg 30
40549 Düsseldorf
Phone +49 211 274 032 50

Contact details of the data protection officer:
Our data protection officer can be contacted at the above mentioned address and at datenschutz@viva-cruises.com

2. Scope and purpose of the processing of personal data


2.1 Accessing the website

When the www.viva-cruises-expeditions.com website is accessed, the Internet browser used by the visitor automatically sends data to the server of this website and stores them for a limited time in a log file. The following data are stored without further input by the visitor until their automatic erasure:

  • IP address of the visitor's terminal;
  • Date and time of access by the visitor;
  • name and URL of the page accessed by the visitor;
  • Website from which the visitor accesses our website (so-called referrer URL);
  • Browser and operating system of the visitor’s terminal and the name of the access provider used by the visitor.

The processing of these personal data is justified pursuant to point (f) of Art. 6(1) first sentence GDPR. We have a legitimate interest in processing the data for the following purposes: to quickly establish a connection to our website, to enable a user-friendly use of the website, to recognise and guarantee the safety and stability of the systems and to facilitate and improve the administration of the website.

The processing is expressly not for the purpose of gaining knowledge about the visitor of the website as a person.

2.2 Contact form

Visitors can submit messages to us through an online contact form on the website. In order to be able to receive a reply, at least a valid email address must be provided. Other information sought can be provided by the inquiring person on a voluntary basis. By submitting the message through the contact form, the visitor consents to the processing of the transferred personal data. The data processing takes place exclusively for the purpose of processing and answering inquiries through the contact form. The basis for this is the freely given consent pursuant to point (a) of Art. 6 (1) first sentence GDPR. The personal data collected for the use of the contact form will be automatically erased as soon as the request has been completed and there are no reasons for further storage.

2.3 Newsletter

By registering for the newsletter subscription, the visitor expressly agrees to the processing of the transmitted personal data. Subscription to the newsletter only requires entering the visitor's email address. The legal basis for processing the personal data of the visitor for the purpose of sending newsletters is the consent pursuant to point (a) of Art. 6 (1) first sentence GDPR.

Visitors may unsubscribe from future newsletters at any time. This can be done by using a special link at the end of the newsletter or by notifying us accordingly by email to info@viva-cruises-expeditions.com.

3. Disclosure of data

Personal data will be transferred to third parties where

  • the data subject has given explicit consent to the transfer pursuant to point (a) of Art. 6(1) first sentence GDPR;
  • the transfer pursuant to point (f) of Art. 6(1) first sentence GDPR is necessary for the establishment, exercise or defence of legal claims and there is no reason to assume that the data subject has an overriding interest worthy of protection in not disclosing his/her data;
  • the data transfer is necessary pursuant to point (c) Art. 6(1) first sentence GDPR for compliance with a legal obligation; and/or
  • this is necessary pursuant to point (b) Art. 6(1) first sentence GDPR for the performance under a contractual relationship with the data subject.

In all other cases, personal data will not be transferred to third parties.

4. Cookies

The website uses so-called cookies. These are data packages that are exchanged between the server of our website and the visitor's browser. When visiting the website, the cookies are stored by the devices used in each case (PC, notebook, tablet, smartphone, etc.). In this respect, cookies cannot cause any damage to the devices used. In particular, they contain no viruses or other malware. The information stored in the cookies is the information arising in the context of the specific terminal used during each visit. Under no circumstances will this enable us to obtain direct knowledge of the identity of the visitor to the website.

Cookies are largely accepted under the browser’s basic settings. The browser settings can be set up such that cookies are either not accepted on the devices used, or that a special notice is displayed before a new cookie is created. However, it should be noted that disabling cookies may cause that not all features of the website can be used in the best possible way.

The use of cookies serves the purpose of making the use of our website more convenient. For example, session cookies can be used to track whether the visitor has previously visited individual pages on the website. After leaving the website, these session cookies are automatically deleted.

Temporary cookies are used to improve user-friendliness. They are stored on the visitor's device for a temporary period of time. When the website is visited again, it automatically recognises that the visitor has previously visited the site and what inputs and settings have then been made so that they do not have to be repeated. Cookies are also used to analyse website views for statistical purposes and for the purpose of improving the services offered. These cookies enable the automatic recognition of repeat visits to the website by the visitor who visited it before. These cookies will be automatically deleted after a specified period.

The processing of data with the help of cookies is justified pursuant to point (f) of Art. 6(1) first sentence GDPR for the purposes specified above to safeguard our legitimate interests.

5. Web analytics service, tracking

5.1 Google Analytics

This website uses functions of the web analytics service Google Analytics. The provider is Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Google Analytics uses so-called "cookies". These are text files that are stored on your computer and enable an analysis of your use of the website. The information generated by the cookie about your use of this website is usually transferred to a Google server in the USA and stored there.

The storage of Google Analytics cookies and the use of this analysis tool are based on point (f) of Art. 6(1) GDPR. The website operator has a legitimate interest in analysing user behaviour in order to optimise both its website and its advertising.

IP anonymisation

We have activated the IP anonymisation function on this website. This will cause your IP address to be shortened by Google within Member States of the European Union or in other countries party to the Agreement on the European Economic Area before being transmitted to the USA. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there. On behalf of the operator of this website, Google will use this information to evaluate your use of the website, to compile reports on website activity and to provide the website operator with other services relating to website usage and internet usage. The IP address transmitted by your browser in the context of Google Analytics is not merged with other Google data.

Browser plugin

You may prevent the use of cookies by selecting the appropriate settings on your browser, however, we would like to point out that in this case you may not be able to use all functions of this website to their full extent. You may also prevent Google from collecting data generated by the cookie and relating to your use of the website (including your IP address) and processing of this data by Google by downloading and installing the browser plug-in available under the following link: https://tools.google.com/dlpage/gaoptout?hl=en.

Objection to data collection

You can prevent the collection of your data by Google Analytics by clicking on the following link. This creates an opt-out cookie that prevents the collection of your data when visiting this website in the future: Disable Google Analytics. More information of the handling of user data by Google analytics is available in Google’s data privacy statement: https://support.google.com/analytics/answer/6004245?hl=en

Contract data processing

We have entered into a contract data processing agreement with Google and fully implement the strict requirements set by the German data protection authorities when using Google Analytics.

Demographic features on Google Analytics

This website uses the "demographic features" function of Google Analytics. This allows reports to be created that contain information on the age, gender and interests of visitors to the site. These data come from interest-related advertising by Google and from visitor data from third-party providers. These data cannot be assigned to a specific person. You can disable this feature at any time from your Google Account ad preferences or opt-out of Google Analytics collecting your information as described in the "Objection to data collection" section.

6. Your rights as a data subject

Where your personal data are processed at the occasion of your visit to our website, you have the following rights in your capacity as the “data subject” within the meaning of the GDPR:

6.1 Access

You have the right to obtain from us confirmation as to whether or not personal data concerning you are being processed by us. The right to access does not apply if the information must be kept secret because of an overriding legitimate interest of a third party. In deviation from the aforesaid, there may be a duty to provide information if your interests outweigh the confidentiality interest, in particular when taking potential loss or damage into account. The right to access is also excluded if the data are stored only because they may not be erased due to retention periods provided under the law or under company bylaws or if they serve solely backup and data protection control purposes, provided that granting the right to access would involve a disproportionate effort and the processing of the data for other purposes by suitable technical and organisational means is excluded. To the extent that in your case, the right to access is not excluded and your personal data are processed by us, you may request information on the following from us:

  • the purpose of the processing;
  • categories of your personal data concerned;
  • the recipients or categories of recipients to whom your personal data have been disclosed, in particular recipients in third countries;
  • where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
  • the existence of the right to request rectification or erasure or restriction of processing of your personal data or to object to such processing;
  • the right to lodge a complaint with a data protection supervisory authority;
  • where the personal data are not collected from you, any available information as to their source;
  • where applicable, the existence of automated decision-making, including profiling and meaningful information about the logic involved, as well as the significance and the envisaged consequences of automated decision-making;
  • where applicable, in the event of transfer to recipients in third countries, in the absence of a decision by the EU Commission regarding the adequacy of the level of protection pursuant to Art. 45(3) GDPR, information on what appropriate safeguards pursuant to Art. 46(2) GDPR are in place for the protection of personal data.


6.2 Rectification and completion

Where you determine that we have inaccurate personal data concerning you in our possession, you have the right to obtain from us without undue delay the rectification of these inaccurate data. In the event of incomplete personal data concerning you, you have the right to obtain from us the completion of such data.

6.3 Erasure

Unless the processing is necessary for the purpose of exercising the right of freedom of expression and information, or compliance with a legal obligation, or performance of a task carried out in the public interest, you have a right to erasure (‘right to be forgotten’) where one of the following grounds applies:

  • The personal data are no longer necessary in relation to the purposes for which they were processed.
  • The basis of justification for the processing was exclusively your consent, which you have withdrawn.
  • You have objected to the processing of your personal data, which we have made public.
  • You have objected to the processing of personal data not made public by us and there are no overriding legitimate grounds for the processing.
  • Your personal data have been unlawfully processed.
  • The personal data have to be erased for compliance with a legal obligation to which we are subject.

The right to erasure will not apply if the erasure is not possible or would require a disproportionate effort in the case of legal, non-automated data processing due to the particular manner of storage, and your interest in the erasure is low. In this case, a processing restriction will take the place of erasure.

6.4 Restriction of processing

You have the right to obtain from us restriction of processing where one of the following reasons applies:

  • You have contested the accuracy of the personal data. In this case, the restriction may be requested for a period necessary to allow us to verify the accuracy of the data.
  • The processing is unlawful and you request the restriction of the use of the personal data instead of their erasure.
  • We no longer need the personal data for the purposes of the processing, but they are required by you for the establishment, exercise or defence of legal claims.
  • You have objected pursuant to Art. 21(1) GDPR. The restriction of the processing can be requested pending the verification whether our legitimate grounds override yours.

Restriction of processing means that personal data will only be processed with your consent or for the establishment, exercise or defence of legal claims, or to protect the rights of another natural or legal person, or for reasons of important public interest. Before we lift the restriction, we have a duty to inform you accordingly.

6.5 Data portability

You have a right to data portability provided that the processing is based on your consent (point (a) of Art. 6 (1) first sentence or point (a) of Art. 9(2) GDPR) or on a contract to which you are a party and the processing is carried out by automated means. The right to data portability includes in this case the following rights to the extent that they will not adversely affect the rights and freedoms of others: You may request to receive from us the personal data which you have provided to us, in a structured, commonly used and machine-readable format. You have the right to transmit those data to another controller without hindrance from us. You have the right to have the personal data transmitted directly from us to another controller, where technically feasible.

6.6 Withdrawal of consent

You have the right to withdraw your consent at any time with effect for the future. You may give notice of your withdrawal of the consent informally by telephone, email, or by letter to our mailing address. Your withdrawal will not affect the lawfulness of processing based on consent up until receipt of the withdrawal. After having received the withdrawal notice, the data processing, which was based exclusively on your consent, will be discontinued.

6.7 Complaint

If you believe that the processing of your personal data is unlawful, you may lodge a complaint with a data protection supervisory authority having jurisdiction at your habitual residence, place of work or place of the alleged infringement.

Right of objection

To the extent that the processing is based on point (e) of Art. 6(1) first sentence GDPR (performance of a task carried out in the public interest or in the exercise of official authority) or on point (f) of Art. 6(1) first sentence GDPR (legitimate interests pursued by the controller or by a third party) you have the right to object at any time to processing of personal data concerning you on grounds relating to your particular situation pursuant to Art. 21 GDPR. This also applies to profiling based on point (e) or point (f) of Art. 6(1) first sentence GDPR. Once you have exercised your right to object, we will no longer process your personal data unless we demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing serves the purpose of establishing, exercising or defending legal claims.

You may notify us informally of your objection by telephone, email or to our mailing address stated at the beginning of this data privacy statement.

Status and Update of the Privacy Policy

This privacy policy has the status of October, 2020. We reserve the right to change this privacy poilcy at any given time to improve data protection and/or to adjust to revised institutional practices or jurisdiction.