The person responsible within the meaning of the above-mentioned data protection provisions is:
Marine Thinking Inc.
Unit 100 - 1505 Barrington Street,
Halifax, NS B3J 3K5
Annex 1 - 40 Charlotte Street,
Saint John, NB E2L 4V1
Tel: +1 902 422-6888
Toll Free: 1-833-556-6888
Scope of the processing of personal data
As a matter of principle, we only collect and use personal data from you insofar as this is necessary to provide a functional website and our content and services, e.g., when you register on our website or log in to an existing customer account or when you order our products. The collection and use of your personal data regularly only takes place with your consent. An exception applies in cases where prior consent is not possible for actual reasons and the processing of the data is permitted by applicable law.
The security of your personal data is a high priority for us. We therefore protect your data stored with us by technical and organizational measures in order to effectively prevent loss or misuse by third parties. In particular, our employees who process personal data are bound to data secrecy and must comply with it. To protect your personal data, it is transmitted in encrypted form. You can recognize this by the lock symbol that your browser displays when an SSL connection is established. In order to ensure the permanent protection of your data, the technical security measures are regularly checked and, if necessary, adapted to the state of the art. These principles also apply to companies that process and use data on our behalf and in accordance with our instructions.
Purposes of processing and legal basis
We collect, process and use your personal data for the following purposes:
- Establishment and performance of contractual relationships;
- Sending newsletters;
- Marketing measures;
- Customer satisfaction surveys and analyses;
- Customer service and customer support;
- To process orders for our online range of prints.
The processing of your personal data may be based on the following legal grounds:
- Consent: the individual has given clear consent to process personal data for a specific purpose (Art. 6 (1) a) GDPR).
- Contract: the processing is necessary for a contract or because you have asked us to take specific steps before entering into a contract (Art. 6 (1) b) GDPR).
- Legal obligation: the processing is necessary for us to comply with the law (not including contractual obligations) (Art. 6 (1) c) GDPR).
- Legitimate interests: the processing is necessary for our legitimate interests or the legitimate interests of a third party, unless there is a good reason to protect your personal data which overrides those legitimate interests (Art. 6 (1) f) GDPR).
Under the PIPEDA, you can exercise the following rights:
a) Right to withdraw consent
You have the right to withdraw your consent at any time, subject to legal and contractual restrictions. Note that your withdrawal of such consent may limit your ability to obtain certain products and services.
b) Right of access, correction or deletion
You have the right to request access to and obtain a copy of any of your personal information that we may hold, to request correction of any inaccurate information relating to you and to request the deletion of your personal information under certain circumstances.
c) Right to submit a privacy complaint
You have the right to submit a complaint with the Privacy Commissioner in the jurisdiction of your residence if you consider that our management of your personal information infringes applicable laws (although we ask you to try resolve any complaint with us first).
Under the GDPR, you can exercise the following rights:
a) Right to information
You have the right to request information and/or copies of the personal information stored about you.
b) Right to rectification
You have the right to request that personal information relating to you be corrected and/or completed without delay.
c) Right to object to processing
You have the right to request the restriction of the processing of your personal information, insofar as the accuracy of the data is disputed by you, the processing is unlawful, but you object to its erasure and we no longer require the data, but you need it for the assertion, exercise or defense of legal claims or you have lodged an objection to the processing.
d) Right to deletion
You have the right to request the erasure of your personal information stored by us, unless the exercise of the right to freedom of expression and information, the processing is necessary for compliance with a legal obligation, for reasons of public interest or for the assertion, exercise, or defense of legal claims.
e) Right to information
Where you have exercised the right to rectification, erasure, or restriction of processing, we will notify all recipients to whom personal information relating to you has been disclosed of such rectification or erasure or restriction of processing, unless this proves impossible or involves a disproportionate effort.
f) Right to data portability
You have the right to have personal information that you have provided to us handed over to you or to a third party in a structured, common, and machine-readable format. If you request the direct transfer of the data to another responsible party, this will only be done insofar as it is technically feasible.
g) Right of objection
Insofar as your personal information are processed on the basis of legitimate interests pursuant to Article 6 (1) (f) of the GDPR, you have the right to object to the processing at any time pursuant to Article 21 (1) of the GDPR. If we process your data for the purpose of direct marketing, you have the right to object at any time to the processing of personal information concerning you for the purpose of such marketing in accordance with Art. 21 (2) GDPR; this also applies to profiling insofar as it is related to such direct marketing.
h) Right to withdraw consent
You have the right to cancel your consent to the collection of data at any time with effect for the future. The data collected until the cancellation becomes legally effective will remain unaffected. Please understand that the implementation of your cancellation may take a little time for technical reasons and that you may still receive messages from us in the meantime.
i) Right to complain to a supervisory authority
If the processing of your personal information violates data protection law or if your data protection rights have otherwise been violated in any way, you may complain to the supervisory authority.
j) Automated decision-making including profiling
You have the right not to be subject to a decision based solely on automated processing which produces legal effects concerning you or similarly significantly affects you.
Under the CCPA/ CalOPPA, you can exercise the following rights:
a) Right to Know
You can request information about how we have collected, used, shared, sold, disclosed and otherwise processed your personal information during the past 12 months, including the right to request the specific pieces of personal information that we possess.
b) Right of Deletion
You can request that we delete any of the personal information that we have collected from you. We may deny your deletion request pursuant to certain exceptions, and the response we provide will explain any reason for denying your request.
c) Right of Non-Discrimination
You have the right to not receive discriminatory treatment by us for exercising any of your rights.
d) Right to Opt-Out of Sale
We do not sell your personal information.
Exercising your rights
If you wish to access such personal data or exercise any of the rights listed above, you should apply in writing, providing evidence of your identity. Any communication from us in relation to your rights as detailed above will be provided free of charge. However, in case of requests that are manifestly unfounded or excessive, in particular because of their repetitive character, we may charge a reasonable fee taking into account the administrative costs of providing the information or communication or taking the action requested; or refuse to act on the request.
Duration of storage and routine deletion of personal data
We process and store your personal data only for the period of time required to fulfil the purpose of storage or if this has been provided for, in laws or regulations. After the purpose has ceased to exist or has been fulfilled, your personal data will be deleted or blocked.
In the case of blocking, deletion will take place as soon as legal, statutory, or contractual retention periods do not conflict with this, there is no reason to assume that deletion would impair your interests worthy of protection and deletion would not cause a disproportionately high expense due to the special nature of the storage.
If you visit our website for information purposes only, without providing personal data via registration or in any other way, only the Internet connection data that your browser transmits to our server will be processed. Our website collects a series of general data and information with each call, which is temporarily stored in log files of a server. A log file is created in the course of an automatic protocol of the processing computer system. The following can be recorded:
- Access to the website (date, time and frequency)
- How you arrived at the website (previous page, hyperlink etc.)
- Amount of data sent
- Which browser and browser version you are using
- The operating system you are using
- Which internet service provider you use
- Your IP address, which your Internet access provider assigns to your computer when you connect to the Internet
The legal basis for this data processing is the performance of a contract, as the collection and storage of this data is necessary for the operation of the website in order to ensure the functionality of the website and to deliver the content of our website correctly.
In addition, the data serve us to optimize our website and to ensure the security of our IT systems and the processing is based in this respect on our legitimate interest. For this reason, the data is stored for a maximum of 7 days as a technical precaution.
We also use this data for the purposes of advertising, market research and to design our services to meet your needs by creating and evaluating user profiles under pseudonyms, but only if you have not exercised your right to object to this use of your data (see information on the right to object under "Your rights").
We use the store system Shopify of the service provider Shopify International Limited ("Shopify"), for the purpose of hosting and displaying the online store on the basis of processing on our behalf. All data collected on our website is processed on Shopify's servers. As part of Shopify's services, data may also be transferred to Shopify Inc, 150 Elgin St, Ottawa, ON K2P 1L4, Canada, Shopify Data Processing (USA) Inc, Shopify Payments (USA) Inc or Shopify (USA) Inc as part of further processing on our behalf. In the event that data is transferred to Shopify Inc. in Canada, the appropriate level of data protection is guaranteed. Further processing on servers other than the aforementioned of Shopify will only take place within the framework communicated below. The legal basis for the data processing is our legitimate interest in providing an appealing website.
We use your data for sending information ordered by you about our offer and other promotions from us to the e-mail address provided by you.
If you purchase goods on our website, we may send you information on our own similar goods to your specified e-mail address even without your consent. The legal basis for this data processing is our legitimate interest, because advertising related products by way of direct advertising represents a legitimate interest for us as a business and the provider of this website. You may object to the processing of your personal data for the purpose of direct advertising at any time. We will then refrain from further processing for such purposes. You can send us your objection as described below. In addition, you can object to the sending of such newsletters at any time in the future without giving reasons by unsubscribing via the unsubscribe link at the end of each newsletter or by contacting us using firstname.lastname@example.org.
We would like you to enjoy reading our e-mails. Therefore, we try to only include content that you are likely to be interested in. We therefore measure and store opening and click-through rates in your usage profile, i.e., whether and when you open our emails, which content of the emails you click on and when, as well as whether and why our emails could possibly not be delivered. We also use this data for statistical purposes.
In particular, this serves our legitimate interest to evaluate the performance of the individual newsletter campaigns and to define optimization measures in order to make the newsletter as attractive and suitable as possible for you. The legal basis for the processing is therefore our legitimate interest (Art. 6 (1) f) GDPR).
Of course, you can unsubscribe from receiving our information at any time, i.e., revoke your consent with effect for the future or object to data processing. For this purpose, you will find a corresponding unsubscribe link in every mail or newsletter. You can also contact us using email@example.com for a cancellation at any time.
Contacting us, registration or placing orders
a) Contacting us
When you contact us using via email, phone or social media, the data you provide will be stored by us based on your consent and the preparation or initiation of a contract, insofar as it is necessary to answer your questions. Your inquiry is logged in order to be able to prove the contact in accordance with the legal requirements. We delete the data accruing in this context when the respective conversation with you has ended and your inquiry has been conclusively clarified.
On our website, we offer you the opportunity to register by providing personal data. The data is entered in the registration form is transmitted to us and stored. Registration is necessary in order to set up your customer account, which you can use to place orders and services. The processing of the data for this registration thus serves the fulfilment of the contract of use or the implementation of pre-contractual measures. You can delete your customer account at any time on our website either by using the delete function in your account or by contacting us using firstname.lastname@example.org.
c) Storage of data in the user account
For the conclusion and processing of contracts, we require contact details, such as name, delivery and billing address and e-mail address, as well as information on the type of payment method you have chosen. You can store this data in your user account. In addition, we use your data to maintain our customer database so that only accurate data is stored by us. In order to avoid typing errors and to ensure that the items you have ordered reach you, we check the completeness and accuracy of your address when you enter it.
Following your order, you will receive a corresponding order confirmation as well as further documents, which we are obliged to provide in order to fulfil our legal information obligations for an effective conclusion of a contract with you.
d) Guest order
You have the option to place your orders as a guest. If you choose this order type, you do not have to register before placing an order. Please note that you will have to enter your data again for each subsequent order.
We collect, process, and use the information you provide in the context of a guest order for the purpose of executing the contract. We store the information you provide for the period of processing and handling your order. Afterwards, your data will be deleted unless you decide to activate your customer account within 14 days after placing your order. Data that we are required to store due to legal, statutory or contractual retention obligations will be blocked instead of being deleted to prevent it being used for other purposes. The processing of the data serves the fulfilment of the contract with you.
e) Order confirmation/dispatch confirmation
In order to process the contract and provide you with our services, for example the web shop or to send you a package for which a fee is charged, we use your contact details to send you registration confirmations, customer service information, order confirmations, contract documents or payment processing information. We are obliged to send you these documents in order to comply with our legal information obligations for an effective conclusion of a contract with you. The processing of your data is therefore necessary to fulfil our legal information obligations for an effective conclusion of a contract with you.
Based on our legal obligation and our legitimate interest, we use and store your personal data and technical information to the extent necessary to prevent or prosecute misuse or other illegal behavior on our website, e.g., to maintain data security in the event of attacks on our IT systems. This also takes place insofar as we are legally obliged to do so, for example due to official or court orders, and for the exercise of our rights and claims as well as for legal defense.
Disclosure of personal data to third parties
Your personal data will only be passed on if there is a legal obligation to do so or to service providers and partner companies that have been carefully selected in advance and are contractually obliged to comply with the requirements of data protection law.
a) Disclosure within affiliated companies
We pass on your personal data for the conclusion and processing of contracts for offers on our website to affiliated companies. This is particularly necessary so that you can use all our offers. If you contact us using email@example.com with questions, complaints or returns as well as other complaints, they will also receive access to your order data in order to be able to process your request.
b) Disclosure to service providers
For the operation and optimization of our website and our services and for the processing of contracts, various service companies work for us, e.g., for central IT services or the hosting of our website, for the payment and delivery of products, or order fulfillment or for the dispatch of newsletters, to whom we pass on the data required for the fulfilment of the task (e.g., name, address).
Some of these companies act for us by way of commissioned processing and may therefore use the data provided exclusively in accordance with our instructions. In this case, we are legally responsible for appropriate data protection measures at the companies we commission. We therefore agree on specific data security measures with these companies and monitor them regularly.
In contrast to order processing, in the following cases we transmit data to third parties for their own use in order to process the contract:
- In the case of delivery of goods to our fulfillment partner and the necessary logistics companies and the postal service provider specified when the order was placed.
- In the case of payment for goods to the payment service provider as specified when the order was placed.
We do not collect or store any payment transaction information such as credit card numbers or bank details during the payment process. You only provide this information directly to the respective payment service provider.
c) Disclosure to other third parties
We will disclose your data to third parties or government agencies within the framework of existing data protection laws if we are legally obliged to do so, e.g., due to official or court orders, or if we are entitled to do so, e.g., because this is necessary for the prosecution of criminal offenses or for the exercise and enforcement of our rights and claims.
Data transfer to third countries
If we use service providers in third countries, we take additional measures to ensure an adequate level of data protection for the transfer of personal data and thus ensure that the transfer is generally permissible and that the special requirements for a transfer to a third country are met (e.g., by concluding standard contracts and additional guarantees, supplementary technical and organizational measures such as encryption or anonymization).
Updating your information
If you believe that the information, we hold about you is inaccurate or that we are no longer entitled to use it and want to request its rectification, deletion, or object to its processing, please do so within your account or by contacting us using firstname.lastname@example.org. For your protection and the protection of all of our users, we may ask you to provide proof of identity before we can answer the above requests.
Keep in mind, we may reject requests for certain reasons, including if the request is unlawful or if it may infringe on trade secrets or intellectual property or the privacy of another user. Also, we may not be able to accommodate certain requests to object to the processing of personal data, notably where such requests would not allow us to provide our service to you anymore.
Links to other providers
Our website also contains - clearly recognizable - links to the websites of other companies. Insofar as there are links to websites of other providers, we have no influence on their contents. Therefore, no guarantee or liability can be assumed for these contents. The respective provider or operator of the pages is always responsible for the content of these pages.
The linked pages were checked for possible legal violations and recognizable infringements at the time of linking. Illegal contents were not recognizable at the time of linking. However, permanent monitoring of the content of the linked pages is not reasonable without concrete indications of a legal violation. Such links will be removed immediately if infringements of the law become known.
Personal data and children
Our services are aimed at people aged 18 and over. We will not knowingly collect, use or disclose personal data from minors under the age of 18 without first obtaining consent from a legal guardian through direct offline contact.
Databases or data sets that include Personal data may be breached inadvertently or through wrongful intrusion. Upon becoming aware of a data breach, we will notify all affected individuals whose Personal data may have been compromised, and the notice will be accompanied by a description of action being taken to reconcile any damage as a result of the data breach. Notices will be provided as expeditiously as possible after which the breach was discovered.
Marine Thinking Inc.
Unit 100 - 1505 Barrington Street,
Halifax, NS B3J 3K5
Annex 1 - 40 Charlotte Street,
Saint John, NB E2L 4V1
Tel: +1 902 422-6888
Toll Free: 1-833-556-6888