It started with the idea to revolutionize the planning of boat cruises. We knew from experience how much effort it is to plan boat cruises, and how difficult and often disliked the whole process is. How hard it is to gather the right information. How many different sources are needed. And how challenging it is, to assess distances and travel times realistically. And we also knew from experience, that it is nearly impossible to involve the crew in the planning of the trip and to make the cruise tangible to the crew.
We wanted to change this. Planning a boat cruise should be simple and fun! Every cruise planning should make you even more excited about the cruise. And the crew should be able to participate: skipper and crew should discover their preferred cruising area together, discover their preferred destinations and plan their perfect cruise together. This is how the OceanGuide Cruise Planner was born.
In the meantime, OceanGuide has grown. OceanGuide has developed into a community with tens of thousands of users, who plan their cruises together, add location information, write ratings, upload images and jointly plan their boat vacation. At the same time, OceanGuide has developed beyond cruise planning, providing new features and supporting boating crews also with running their cruises and documenting their cruises.
We are happy that you have discovered OceanGuide! We invite you to join the community, to benefit from OceanGuide and the community and to support the community. Discover cruising areas, plan your cruises and involve your crew. Contribute with your experience, comments and ratings. Join the community, enjoy and have fun and be inspired on your cruise planning and the support you receive on the way. Look forward to your jointly created reports and memories of the cruise. Give us feedback if you feel something is missing, and let us know what you like.
We wish you always a hand's breadth of water under the keel.
Your OceanGuide Team
Are you enjoying OceanGuide? Do you feel that OceanGuide and the community is valuable? Then support us and enrich the community! There are plenty of options:
Talk about OceanGuide! Tell Your friends, your family and your fellow sailors about OceanGuide, about your cruises and your cruise plans. Share your cruises, recommend us to others and invite everyone to join your cruise plannings and OceanGuide.
Get engaged and support the community! Share your experiences and your knowledge, add places and points of interest, provide content and upload images. Write ratings and become visible, let the community know what you think!
Become our partner and support OceanGuide and the community with your offer or your special skills. You can find more information in the next paragraph.
At OceanGuide we want to support our users as good as possible on their cruises and provide information that are of relevance and interest. We want to introduce places and their surroundings, animate our users to discover new things and inspire our users for ever place and its surrounding.
Are you running a marina or do you own a restaurant, a store, a transport company? Do you provide a service or run a company that is of interest for our users? If so, become our partner and help us providing relevant and high quality local offers for our users. Contact us at info@ocean.guide and ask for your entry on OceanGuide. We offer the following possibilities:
Do you own or operate a great marina? Then become OceanGuide Partner Marina and show your exceptionality also on OcenaGuide. As a Partner Marina you enjoy the following advantages:
Your business or the service you offer is of value for our users on site? Then we are happy to list you in section "Local Partners" of our entries of marinas, anchorages or beachs. As local partner, you enjoy the following advantages:
You own or operate a charter agency, shipyard, equipment supplier or run another type of company, that has value to our users on regional or global level? Then become an OceanGuide partner, support the OceanGuide community and become visible on OceanGuide with your commitment! Your entry as regional or global partner on OceanGuide gives you the following advantages:
Contact us at info@ocean.guide or at +49 89 5505 8673 regarding all questions concerning our partner programm and your listing on OceanGuide.
The goal of OceanGuide is to provide relevant content of high quality to our users. All our partners are approved by us for their relevance and quality. Partners must have a website, a relevant offering and good ratings. OceanGuide may not accept partner requests if the requirements on relevance and quality are not met.
Philipp Hasselbach, Weißenburger Str 22, 81667 München
+49 89 5505 8673
Philipp Hasselbach
Weather data: base of the data Deutschter Wetterdienst, figurative representation of raster data
(The following General Terms and Conditions ("GTC") also contain legal information on the rights of consumers under the regulations on contracts in distance selling and electronic commerce).
1.1 These GTC apply between Philipp Hasselbach, Weißenburger Str 22, 81667 Munich, Germany ("Provider"), and persons who register to use our online service "OceanGuide" provided in the form of a web application as well as a mobile app ("User"). The GTC apply in the version valid at the time of the respective conclusion of the contract.
1.2 The services of the Provider are directed at both consumers (§ 13 BGB) and entrepreneurs (§ 14 BGB). Special provisions in these GTC for consumers are marked accordingly.
The user agrees to the validity of these GTC within the scope of registration for OceanGuide. The user accepts these GTC by clicking on a button provided for this purpose within the registration process. Users can also access these GTC at any time after conclusion of the contract by clicking on the "GTC" link accessible everywhere on OceanGuide (at the bottom of the website).
1.3 Deviating, conflicting or supplementary GTC shall not become part of the contract unless their validity is expressly agreed in writing.
1.4 The Provider reserves the right to amend these GTC at any time without stating reasons. The user will be made aware of the change by means of an electronic notification within the scope of using OceanGuide. If the user does not object to the changes within four weeks of receipt of the notification by deleting the user account with OceanGuide and uninstalling the OceanGuide app, the amended provisions shall be deemed accepted.
Excluded from the right to amend under this clause are provisions that affect the main performance obligations of the contracting parties and thus significantly change the relationship between main and counter performance obligations, as well as other fundamental changes to contractual obligations that are equivalent to the conclusion of a new contract. An express contractual agreement is required for such changes.
2.1 OceanGuide consists of two mobile applications for iOS and Android end devices (hereinafter „OceanGuide-Apps“), as well as a web application (hereinafter „OceanGuide-Web“), with different functionalities. For the download of the OceanGuide app from a third-party provider, for example via the Apple AppStore (for iOS end devices) or the Google Play Store (for Android end devices), the corresponding terms and conditions of the respective third-party provider apply in addition.
2.2 The provider shall endeavor to ensure that its services are available to users at all times and as completely as possible on the agreed end devices, and it shall take all reasonable technical and personnel precautions to this end in order to exclude overloading or failure of OceanGuide as far as possible and to keep it available at all times. However, he does not guarantee continuous availability and is entitled at any time to block OceanGuide in whole, in part, in general or for individual users or user groups. If possible, the provider will indicate planned maintenance periods that require a longer period of unavailability. The provider is entitled at any time to restrict the availability of OceanGuide as a whole or access to individual applications for certain periods or to discontinue the service.
2.3 The provider cannot promise an always error-free display of OceanGuide on the agreed end devices, especially when using unsuitable or outdated hardware and software (e.g. outdated browsers, end devices and operating system software no longer supported by the manufacturer). OceanGuide-App and OceanGuide-Web can only be used with a functioning internet connection. It is the user's responsibility to create and maintain the conditions for using OceanGuide (e.g. with regard to Internet access with sufficient bandwidth, sufficient hardware).
The use of the OceanGuide apps requires Google or iOS services. It is the user's responsibility to create and maintain the conditions for using the OceanGuide apps (corresponding end devices, Google account, Apple ID).
3.1 OceanGuide is intended as a service for sailing trip planning. In accordance with these Terms and Conditions, the Provider makes the functions of OceanGuide available to the User for use.
3.2 OceanGuide does not assume any responsibility for checking the sailing route for unsuitable areas such as restricted areas, shallow water or similar. In the context of providing its services, OceanGuide is neither responsible for the completeness nor for the accuracy of the data and information provided by users, as the creation of this data is not within OceanGuide's sphere of influence.
The functions of OceanGuide serve as support to make trip planning easier and more comfortable; however, they do not take into account all sailing situations or all conceivable water, weather and port conditions. OceanGuide can in no way substitute for the skipper's attention and judgment; it is always the skipper's responsibility to navigate the vessel safely, at an appropriate speed, at a reasonable distance from other vessels and obstructions, and in accordance with applicable rules and regulations.
3.3 OceanGuide includes various functions that the user can use after successful registration. The user can create a profile of himself and fill it with information that serves the digital planning and management of his sailing trip.
3.4 In OceanGuide-Web the user can view and enter sailing area information (registration required); submit ratings (registration required) and read ratings of other users; upload photos to locations (registration required); view weather data; create routes by compiling locations to be visited and share them with other people; obtain a route calculation and estimate distances and travel times.
3.5 The OceanGuide apps provide the following features:
3.5.1. view and enter precinct information (registration required), submit ratings (registration required) and read ratings from other users, upload photos to locations (registration required), view weather data, view user's current location; route planning, view precinct information from third parties (publishers and authors); view routes; write and read messages in the message board;
3.5.2. for OceanGuide Premium subscribers only: Calculating the route from the user's current location to any location shown on the map, with display of the weather forecast on the suggested route; board cash; logbook; trip report.
3.6 The provider is entitled to make changes to OceanGuide at any time, in particular to modify the structure as well as functionalities, to set up new functionalities, to modify them or to remove them in whole or in part, especially if they are functionalities that have been introduced on a test basis and are not yet fully developed (beta functionalities). He is also entitled at any time to modify the modalities for the posting of contributions and public comments by users and in particular to restrict the times during which contributions and comments can be posted. The provider is also entitled to have parts or all of his services provided by third parties.
3.7 The Provider grants the User the simple, non-sublicensable, non-transferable right, revocable at any time, limited in time and content to the term of the User Agreement in accordance with these Terms of Use, to access the respective current version of OceanGuide via telecommunications and to use the functionalities associated with OceanGuide in accordance with this Agreement. The user does not receive any further rights, in particular to OceanGuide, the software applications underlying OceanGuide or the operating software.
3.8 The User will not use OceanGuide or have it used by third parties or make it accessible to third parties beyond the use permitted under this Agreement. The user will only use OceanGuide for commercial purposes by individual agreement.
4.1 The contract of use between the provider and the user is concluded by either (a) the user creating his user account by registering in the OceanGuide app or OceanGuide web or (b) the user purchasing a subscription for the use of OceanGuide via the OceanGuide website or the OceanGuide app.
4.2 In principle, no registration is required for the active use of OceanGuide. However, certain functions can only be used with registration. The prerequisite for registration is that the user provides his or her first and last name and a nickname, his or her e-mail address and a password of his or her choice. The user's first name, surname and e-mail address are not displayed to other users; only the nickname is visible to other users.
4.3 The registration process is completed as soon as the user has clicked on the „Register“ button. Upon successful registration, a user account is created for the user, which he can access using his e-mail address and the password he chose during registration.
4.4 The user can recognize and correct any input errors in the respective input mask. If the User has forgotten his/her password, he/she can request instructions for resetting the password by e-mail in the login area. As part of these instructions, the user must enter a new password after clicking on a link that the user receives by e-mail. The user's login information can be changed at any time in the OceanGuide-Web settings.
4.5 OceanGuide is available to the user in different variants with different functionalities, i.e. the user can use OceanGuide free of charge or, at his choice, for a fee. The user can choose to use OceanGuide as one of two packages: OceanGuide Premium (fee-based) and OceanGuide Essentials (free of charge). When using the free package, the user will not be able to access all of OceanGuide's features.
4.5.1 In the free OceanGuide Essentials package, OceanGuide is only available to the user in its main functions. Included are the planning and saving of routes, display of user maintained cruising area information, display of weather data and satellite image, display of user entered ratings.
4.5.2 Compared to the reduced range of functions of the free package OceanGuide Essentials, the user can use all functions of OceanGuide (subject to section 3) in the package „OceanGuide Premium“ without restrictions. In addition to the functions of the free package „OceanGuide Essentials“, the user can use board cash, logbook, trip report as well as the calculation of the route from the user's current location to one of the locations entered on the map with display of the weather along the route.
4.6 The User Agreement for free services is concluded by the User registering as described under 4.2 and 4.3.
4.7 The usage agreement for chargeable services is concluded by the user selecting a usage package for the use of OceanGuide by opening the OceanGuide app or OceanGuide web and confirming it by clicking on „buy now“. The user is then redirected to the appropriate payment service provider to make their payment. Access to OceanGuide is then automatically activated.
5.1 The user informs himself and independently of the planning by means of OceanGuide whether his planned route runs through restricted areas, shallow water or other unsuitable areas. Use of OceanGuide does not relieve the skipper of his duty to navigate the vessel safely, at an appropriate speed, at a reasonable distance from other vessels and obstructions, and in accordance with applicable rules and regulations.
5.2 The user affirms that the information provided by him/her in the course of registering for and using OceanGuide is true and complete. Furthermore, he/she is obligated to immediately enter any changes (master data, payment data) in his/her user account.
5.3 The user assures that the information entered in OceanGuide does not violate any laws or the rights of third parties and does not adversely affect other data or the provider's data processing system.
5.4 The User will not misuse OceanGuide or violate any applicable laws or regulations in the course of such use. In particular, he/she will not introduce data into OceanGuide and the underlying IT system that contain viruses or other types of malware, and he/she will not use OceanGuide in a way that negatively affects the availability of the service for other users.
5.5 User may not reproduce, store in other media, distribute (except through OceanGuide's sharing feature) or modify the information, data and documentation incorporated into OceanGuide (the „OceanGuide-Material“). Accessing OceanGuide or the OceanGuide material by means of automated processes (e.g. robots, spider tools, etc.) or in any other way that deviates from normal user behavior is not permitted. Printing and saving individual pages is only permitted for personal use or for recommending OceanGuide to friends and relatives.
5.6 The integration of OceanGuide into own software products / online services or into software products / online services of third parties, whether by way of „Framing“ or otherwise, is not permitted, unless otherwise agreed individually.
5.7 The complete or partial reverse engineering of OceanGuide as well as the derivation, modification, adaptation, translation, decompilation or disassembly of the source code and the creation of works derived on this basis is prohibited.
5.8 Within the scope of using OceanGuide, the User is prohibited from:
• to use OceanGuide commercially or for advertising purposes, unless otherwise agreed individually;
• OceanGuide to copy, reproduce, distribute, display or use in any manner not expressly authorized in this Agreement;
• sell, lend, distribute or otherwise transfer OceanGuide;
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6.1 The Provider reserves the right to terminate the usage agreement at any time without notice and to block access for the User in the event of registration by the User due to false information provided during registration, breach of his/her obligations under the usage agreement (see in particular Sections 4 to 6) or misuse of OceanGuide.
6.2 The provision of services by OceanGuide within the scope of continuing obligations is conditional upon the customer meeting his payment obligations in a timely manner. If the customer:
6.2.1 fails to pay the agreed prices or a not insignificant part of these prices for two consecutive months or
6.2.2 for a period exceeding two (2) months with the payment of the agreed prices in an amount equal to the prices for two (2) months,
in default, OceanGuide is entitled,
6.2.3 suspend the affected partial services until payment of the prices, or
6.2.4 to terminate the affected partial services without notice. In addition to the prices for the services provided until the termination takes effect, OceanGuide is entitled to a compensation fee in the amount of the agreed prices for the period from the termination until the end of the regular contract term. The customer is entitled to prove that OceanGuide has incurred no or less damage than the compensation fee. If this proof is provided, only the proven damage is to be compensated. Other further rights of OceanGuide due to default remain unaffected. Termination of the contract does not release the customer from the obligation to pay for the services used up to the time of termination.
6.3 The provider is entitled to delete contributions, public comments or other content posted by the user in OceanGuide, in whole or in part, or to delay or not publish other content by the user if there are concrete indications that the content violates these Terms of Use or legal requirements, or that the user has otherwise culpably violated obligations arising from these Terms of Use. In such a case, the provider may also warn the user and/or temporarily or permanently exclude the user from using OceanGuide.
6.4 If the User has been excluded from using OceanGuide by the Provider or if the User Agreement has been terminated by the Provider, the User may no longer use OceanGuide, even with other user accounts, including such user accounts that have been created for third parties, and may not register for use again.
6.5 The Provider is entitled to restrict or terminate the provision of OceanGuide in whole or in part, as well as to delay the publication of personal profiles or other content of Users, if this is necessary with regard to capacity restrictions, the security or integrity of the servers or to implement technical measures, or if this serves the proper or improved provision of services (maintenance work).
7.1 The User Content published in OceanGuide does not originate from the Provider and is not reviewed by the Provider for its legality, accuracy and completeness. If a User believes that User Content is unlawful, infringes his or her rights or those of a third party, or is otherwise inappropriate, he or she must immediately notify the Provider by contacting info@ocean.guide. The Provider reserves the right to block and/or delete such User Content at short notice.
7.2 The User must behave respectfully towards others and, in addition to the obligations in section 5–, adhere to the following rules:
• Please treat others politely and use friendly language.
• Do not share your password and do not ask other users for their password.
• Do not post content that is sexually suggestive, racist or otherwise inappropriate.
• Do not harass or annoy other users.
• Do not use offensive language; any abusive behavior is prohibited.
• It is prohibited to reproduce, make publicly available, distribute, edit or otherwise use ads and content of other users without their prior consent in a way that goes beyond the agreed use of OceanGuide.
• It is prohibited to collect information, especially e-mail addresses or phone numbers, about other users without their prior consent.
• Do not spy on other people, access their computer systems without authorization, or otherwise actively harm them.
• Do not act on our behalf or make statements on our behalf.
• Do not intentionally interfere with or damage OceanGuide.
• Do not access OceanGuide and its content via third party applications, unless this is necessary for the contractual use of OceanGuide.
• Do not search, test or exploit vulnerabilities of OceanGuide and its IT infrastructure unless you do so in a way that does not cause harm to OceanGuide and you report vulnerabilities to us in a way that allows us to fix them afterwards.
• Do not share or support activities of other users that violate these Terms of Use.
• You may not post content that violates applicable law or these Terms of Use.
• You may not post links to other media with illegal content.
To accept these Terms of Use and use OceanGuide without the prior consent of a parent or guardian, the user must be at least 18 years of age.
If the user is not yet 18 years old, the provider reserves the right to make the use of OceanGuide dependent on the presentation of proof of consent by a parent or guardian.
9.1 Der Anbieter räumt dem Nutzer während der Laufzeit des Nutzungsvertrags das nicht-ausschließliche, nicht übertragbare und nicht unterlizensierbare Recht ein, OceanGuide im Fernzugriff auf den Systemen des Anbieters bestimmungsgemäß als Einzellizenz zu nutzen. Für jeden Nutzer ist daher ein eigener Account anzulegen.
9.2 Der Nutzer kann Inhalte in OceanGuide anlegen. Alles, was er in oder über OceanGuide postet oder anderweitig zur Verfügung stellt, wird nachfolgend als „Nutzerinhalte“ bezeichnet. Vorbehaltlich der nachfolgend geregelten Nutzungsrechte behält der Nutzer alle Rechte an den von ihm in OceanGuide eingestellten Inhalten und ist für diese allein verantwortlich. Der Nutzer räumt dem Anbieter ein einfaches, räumlich und zeitlich unbeschränktes, unentgeltliches Recht zur Nutzung der Nutzerinhalte ein. Das Nutzungsrecht beinhaltet auch das Recht zur Vervielfältigung, Veröffentlichung und Verbreitung. Der Anbieter wird die Nutzerinhalte in dem Maße nutzen, wie für den Betrieb von OceanGuide (und ggf. durch ein Unternehmen, das den Betrieb von OceanGuide übernimmt) erforderlich ist. Der Anbieter kann nicht ausschließen, dass Nutzerinhalte durch Dritte außerhalb von OceanGuide genutzt werden. The provider has no influence on such use and is not responsible for it.
9.3 User Content (e.g. reviews or photos) may also be integrated by OceanGuide on its own blog as well as used for its own advertising and information purposes online and as print products (e.g. flyers).
9.4 not applicable
9.5 When publishing User Content, the User is obliged to comply with all applicable laws so as not to infringe the rights of third parties. This applies in particular to personal rights and intellectual property rights (e.g. copyright and trademark rights, etc.). Before publishing, the user must ensure that he is authorized to use images, videos and texts. If the user violates this obligation, he is obligated to indemnify the provider from all claims that third parties may raise against the provider as a result of the violation; this does not apply if the user is not at fault.
9.6 The user grants the provider these rights of use for an unlimited period of time, even after termination of the usage agreement with OceanGuide. The rights of use may only be revoked in the cases provided for by law.
9.7 In the event of a claim by a third party, the user is obligated to immediately provide the provider, upon request, truthfully and completely with all information necessary for the examination of and defense against the claim.
9.8 Any liability of the User beyond these regulations remains unaffected.
9.9 The user is not entitled to use OceanGuide beyond the use permitted under these GTC or to have it used by third parties or to make it accessible to third parties. In particular, the User may not rent, lend, sell, sublicense, assign or transfer OceanGuide itself or the rights thereto to third parties for use, nor copy OceanGuide, nor authorize copying in whole or in part, except as expressly permitted herein. Reverse engineering of OceanGuide is permitted only in the cases specified by law. Users are not considered third parties for the purposes of this provision.
The legal rights for defects apply to the services of the provider.
The terms and conditions listed in this section apply only to the iOS variant of the apps (which the user obtained from the Apple App Store). These terms are minimum requirements prescribed by Apple for self-created app terms of use / TOS:
11.1 The Provider is solely responsible for the Apps. The Store Operator is not involved in the development and has no influence on the content or design of the Apps. Therefore:
a) Support and maintenance of the Apps are the sole responsibility of the Provider and not the Store Operator. The provider's contact information is:
Philipp Hasselbach, Weißenburger Str 22, 81667 Munich, Germany.
E-Mail: info@ocean.guide
b) The Provider warrants that the Apps are free of defects. In the event that the Apps or a service relating to them is defective, the User may additionally contact the Store Operator, who will refund the purchase price, if applicable. Otherwise, the Store Operator is not responsible for the warranty of the Apps. Any further liability is the sole responsibility of the Provider.
c) Any other claims of the User or third parties triggered by the Apps or their use are the sole responsibility of the Provider, not the Store Operator. This concerns in particular the area of product liability as well as the violation of legal obligations, administrative regulations or consumer protection regulations.
d) If a third party asserts claims based on the infringement of intellectual property by the apps themselves or possession and use of the apps by the user, the provider alone is responsible for the examination, settlement and processing of these claims as well as for the defense against them, not the store operator.
11.2 The User represents and warrants that it is
a) does not reside in a country embargoed by the United States government or included by the United States government in its list of countries that support terrorists, and
b) is not itself on a list of persons with whom the United States government has prohibited or restricted trade (restricted party list).
11.3 Apple and Apple's affiliates are third-party beneficiaries of these Terms of Use. If the User agrees to be bound by these Terms of Use, Apple shall have the right to enforce against the User any rights or claims it may have under this Agreement.
12.1 Consumers have a fourteen-day right of withdrawal according to the following rules (for entrepreneurs the right of withdrawal is excluded):
right of withdrawal
You have the right to revoke this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day of the conclusion of the contract. To exercise your right of withdrawal, you must inform us (OceanGuide Philipp Hasselbach, Weißenburger Str 22, 81667 Munich, Germany, e-mail: info@ocean.guide) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, by telephone or e-mail). You can use the attached withdrawal form for this purpose, but it is not mandatory. You can fill out and submit the cancellation form electronically. If you make use of this option, we will send you a confirmation of receipt of such revocation without delay (e.g. by e-mail).
Consequences of revocation
If you revoke this contract, we shall reimburse you for all payments we have received from you without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment.
If you have requested that the service should begin during the withdrawal period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you notify us of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract.
end of cancellation policy
12.2 Expiration of the right of withdrawal
In the case of a contract for the provision of services, the right of withdrawal shall also expire if the Provider has provided the service in full and has only begun to perform the service after the User has given his express consent to this and at the same time confirmed his knowledge that he will lose his right of withdrawal upon full performance of the contract by the Provider.
In the case of a contract for the supply of digital content not on a physical medium, the right of withdrawal shall also expire if the provider has begun to perform the contract after the user has given his express consent to this and at the same time confirmed his knowledge that he loses his right of withdrawal when the provider begins to perform the contract.
12.3 Sample revocation form
If the User wants to revoke the contract, he fills in this form and sends it back to:
OceanGuide Philipp Hasselbach
Weissenburger Str 22
81667 München
Germany
E-mail: info@ocean.guide
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/provision of the following service (*)
ordered/received on (*)
name of consumer(s)
address of the consumer(s)
e-mail address of the consumer(s)
signature of the consumer(s)
date
(*) delete as applicable
13.1 In case of intent or gross negligence, the Provider shall be liable to the User without limitation for all damages caused by the Provider or his legal representatives or vicarious agents.
13.2 In the event of slight negligence, the Provider shall have unlimited liability in the event of injury to life, limb or health. Otherwise, the Provider shall only be liable if the Company has breached a material contractual obligation (cardinal obligation). Cardinal obligations are obligations whose fulfillment is essential for the proper execution of the contract of use, whose violation endangers the achievement of the purpose of the contract and on whose compliance the contractual partner may regularly rely. In these cases, liability is limited to compensation for foreseeable, typically occurring damage.
13.3 The strict liability of the provider according to §536a BGB for initial defects is excluded. This does not apply to injuries to life, body and health.
13.4 In addition, if and to the extent that the Provider provides its services to the User free of charge, the Provider's liability is excluded for all cases of slight negligence.
14.1 The Provider shall treat as confidential the information of which it becomes aware in the course of providing its contractual services.
14.2 The Provider shall comply with the data protection laws applicable to it. The Provider's privacy policy can be accessed at any time at the following web address: https://ocean.guide/about?target=data-privacy-policy#data-privacy-policy
15.1 The prices, methods and types of payment applicable to the OceanGuide apps or OceanGuideWeb, as well as the times at which invoices are issued, are stated and specified in the context of payment processing. Depending on the type of contract concluded, payment processing can be carried out via a payment service provider commissioned directly by the Provider or via the payment processing of an AppStore.
15.2 Invoices are payable within fourteen (14) days after receipt of invoice. In case of doubt, invoices shall be deemed received three (3) business days after the invoice date. The granting of discounts is excluded. Any bank charges incurred (in particular for foreign payments) shall be borne by the customer.
15.3 The Provider may increase the monthly prices for recurring services in continuing obligations without the User's consent a maximum of once per year at its reasonable discretion by up to 10% with effect for the future, but for the first time no earlier than four (4) months after the beginning of the term of the contract. The price increase for partial services is only possible if these were already agreed for at least four (4) months. The price increase shall only be made to cover increased costs. The User is responsible for proving that the price increase made by the Provider was not made for this purpose.
15.4 In the event of a price increase pursuant to Section 15.3, the Customer may terminate the current contract within two (2) weeks after receipt of the written price increase notification with a notice period of three (3) months to the end of the month. In this case, the previous fee shall be charged until the end of the contract and the increase shall therefore not take effect. However, the customer's consent shall be deemed to have been given if the customer does not give notice of termination within this period. This assumes that the provider has informed the customer of the consequences with the change notification.
16.1 Insofar as OceanGuide is made available to the user free of charge, the usage agreement is concluded as a framework relationship between provider and user for an unlimited period of time. Upon deletion of the account with OceanGuide, the usage agreement is terminated. Deletion of the account is possible at any time. The right to extraordinary termination for good cause remains unaffected.
16.2 Insofar as OceanGuide is made available to the user as part of a subscription, the usage agreement between the provider and the user is concluded for one (1) year at the user's option. The User has the option to terminate the usage agreement for the first time at the end of the agreed term.
16.3 If the contract is concluded and payment is processed via an AppStore, the User must terminate the subscription with the provider of the AppStore in addition to terminating the contract with the Provider in accordance with section 16.1. The notice periods agreed with the provider of the AppStore shall apply in this respect. The Provider shall inform the User of this in the context of the deletion of the Account.
16.4 If the User does not terminate the contract in due time within the scope of section 16.2, the usage contract shall be extended for an indefinite period of time. The User shall be entitled to terminate the contract at any time with one month's notice.
16.5 In the event that the Provider discontinues the OceanGuide Service, the User shall have an extraordinary right of termination without notice.
16.6 The data provided by the User and the user profile or user account created will be deleted by the Provider upon termination of the usage agreement, subject to any retention obligations. If the provider is entitled not to delete remaining data for legal or other reasons, it may alternatively block it; the provider will delete the data when the retention authority/authorization ceases to apply.
17.1 German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If the User is a consumer, the applicability of mandatory provisions of the law applicable at his place of residence shall remain unaffected.
17.2 The place of performance for all mutual services arising from the user agreement is Munich.
17.3 If the User is an entrepreneur, the place of jurisdiction is, at the Provider's discretion, either the User's place of business or Munich, Germany.
17.4 The EU Commission provides a platform for out-of-court dispute resolution. This gives consumers the opportunity to initially resolve disputes in connection with online orders out of court. The dispute resolution platform can be accessed by users here: https://ec.europa.eu/consumers/odr/
17.5 The provider is not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.
17.6 The OceanGuide application operated by the provider as well as its entire content, in particular texts, photos, images, graphics, illustrations and any software as well as all trademarks, patents, utility models are all protected by industrial property rights, in particular copyrights, rights to names and images, trademarks, patents in force or utility models against unauthorized use. Use requires the prior written consent of the provider or, if the respective rights are not held by the provider, of the rights holder.
17.7 Insofar as the user provides support for the further development of OceanGuide (e.g. in the context of assistance in troubleshooting, function suggestions, etc.), this is done voluntarily. The provider does not thereby grant the user any rights to the results thus obtained or to OceanGuide. Insofar as the user is entitled to the copyright to texts or content, he/she grants the provider an exclusive, transferable right of use to the texts and/or content.
OceanGuide
Philipp Hasselbach, Weißenburger Str 22, 81667 München
E-Mail: info@ocean.guide
These GTC can be viewed and downloaded at https://ocean.guide/about?target=terms-conditions#terms-conditions.
The contract language is German.
Status April 2023
Your privacy is important to us and your trust is our highest priority. Therefore, we always treat your personal data confidentially and of course comply with all relevant legal data protection regulations. We only process your personal data if this is permitted by law or if you have given us your consent to do so.
In this privacy policy you will learn:
• The way we handle personal data on the Internet.
• What information is collected and analyzed about visitors to our website and users of our app.
• Whether and how this information is used, shared or otherwise processed.
This statement applies to all information collected when using our website https://ocean.guide/ or provided by the user.
Philipp Hasselbach
Weissenburger Str 22
81667 Munich, Germany
E-Mail: info@ocean.guide
Phone: 089/55058673
When you visit our website, i.e. if you do not register or otherwise provide us with information, we only collect the personal data that your browser sends to our server. If you wish to view our website, we collect the following data, which is technically necessary for us to display our website to you. The legal basis for this processing is Art. 6 para. 1 lit. f DSGVO:
• IP address
• date and time of request
• Time zone difference from Greenwich Mean Time (GMT)
• Content of the request (concrete page)
• access status/HTTP status code
• amount of data transferred in each case
• Website from which the request comes from
• browser
• operating system and its interface
• language and version of browser software
Furthermore, we use fonts from Google Fonts on our website. We have installed the Google Web Fonts locally. This means that there is no connection or data transfer to Google servers or to the USA.
This website uses a session cookie. This is automatically deleted after the end of your visit (the „Session“).
You can set your browser so that you are informed about the setting of cookies and only allow cookies in individual cases, exclude the acceptance of cookies for certain cases or in general and activate the automatic deletion of cookies when closing the browser. If you disable cookies, the functionality of this website may be limited.
We have a legitimate interest in storing cookies for the technically error-free and optimized provision of its services pursuant to Art. 6 para. 1 lit. f DSGVO.
For using some functions you have to register on OceanGuide. This concerns the input of district information, the submission of ratings, the upload of pictures, the saving and loading of routes as well as the creation of deep links on routes.
This requires the entry of an email address, a nickname and a self-selected password. The personal data required here is mandatory information, without which we cannot provide the aforementioned functions. The legal basis for this is Art. 6 para. 1 lit. b DSGVO in connection with the gratuitous usage contract between you and Oceanguide.
After successful registration, you will receive a welcome email with a link to log in. For the login after registration you need your nickname or your e-mail address and your password.
After registration you can manage your profile. Here you can enter your first and last name and upload a profile picture. The information is voluntary and will be processed by us based on your consent in accordance with Art. 6 para. 1 lit.a DSGVO.
You can delete your profile or account at any time.
The profile photo is displayed to other users together with your nickname. Your first and last name as well as your e-mail address will never be shown to other users. Depending on your settings, which you manage via your profile, your saved routes and other information such as home area / favorite areas, boat type, etc. can be displayed.
The existing precinct information is available to all users of the website. About the precinct information OceanGuide shows relevant locations on a map or on a satellite image. You can search for locations using a full text search.
The area information consists of information about relevant places (harbors, anchorages, beaches, charter bases, dive spots, attractions / sights) and contains a description, hints on how to get there, hints on moorings, contact information (address, phone numbers, website, email address, radio channel), features or equipment, photos, ratings.
If you want to enter information about the area, you have to be logged in. All entered information is public. The entered information is only checked by OceanGuide for illegal and unwanted content before it is made public. The content is not checked for accuracy.
Other users will not see your nickname or any other information that the entry is yours. In addition to the content of the entry, we collect the time and from which account the information was entered. We need the data in case criminally relevant content was entered or in order to defend ourselves against cyber attacks. We delete the personal data after 30 days.
The legal basis for data processing is our legitimate security interest according to Art. 6 para. 1 lit. f. DSGVO.
As a logged in user you can give ratings of the places. Your ratings are public and will be shown to all users of the website together with your nickname.
The information is voluntary and will be processed by us based on your consent according to Art. 6 para. 1 lit.a DSGVO.
You can revoke your consent at any time without giving reasons with effect for the future. The lawfulness of the processing carried out on the basis of the consent until the revocation remains unaffected. You can send the revocation to info@ocean.guide.
If you want to delete your previous ratings, please contact info@ocean.guide.
As a registered user you can upload photos of places. Your photos are public and will be shown to all users of the website.
The information is voluntary and will be processed by us based on your consent according to Art. 6 para. 1 lit.a DSGVO. You can revoke your consent at any time without giving reasons with effect for the future. The legality of the processing carried out on the basis of the consent until the revocation remains unaffected. You can address the revocation to info@ocean.guide.
If you want to delete your previous ratings, please contact info@ocean.guide.
As a logged in user you can create routes by compiling locations to be visited. The created routes can be given a name and description and saved. Saved routes can be loaded and displayed on the map.
The route can be shared by creating a so-called deeplink to your saved route by clicking on a button provided for this purpose. The deeplink is a URL that can be entered in the browser and then leads to the route on the map. The deeplink can be shared with other people via email, messenger etc. without them having to be logged in or registered on the website.
The created routes are stored directly on the Google Cloud server. For more information, see section 12.
The information is voluntary and will be processed by us based on your consent in accordance with Art. 6 Para. 1 lit.a DSGVO. You can delete the data at any time using the button provided for this purpose.
not applicable
If you have given your consent, this website uses Google Analytics 4, a web analytics service provided by Google LLC. For users in the EU / EEA and Switzerland, Google Ireland Limited, Google Building Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland is responsible.
Google Analytics uses cookies that allow an analysis of your use of our WebApp. The information collected by means of the cookies about your use of this website is usually transferred to a Google server in the USA and stored there.
Google Analytics 4 has IP anonymization enabled by default. Due to IP anonymization, your IP address will be truncated by Google within member states of the European Union or in other states party to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transferred to a Google server in the USA and shortened there. According to Google, the IP address transmitted by your browser as part of Google Analytics will not be merged with other Google data.
During your website visit, your user behavior is recorded in the form of „Eevents“. Events can be:
• page views
• First visit to the website
• Start of session
• „Klickpath“, interaction with the website.
• scrolls (whenever a user scrolls to the end of the page (90%))
• clicks on external links
• internal search queries
• interaction with videos
• file downloads
• viewed / clicked ads
• language setting
Also captured:
• approximate location (region)
• IP address (in shortened form)
• technical information about the browser and the end devices used (e.g. language setting, screen resolution)
• internet provider
• referrer URL (via which website/advertising medium you came to this website)
The aforementioned information is used to evaluate the use of the website on a pseudonymous basis and to compile reports on website activities. The reports provided by Google Analytics are used to analyze the performance of our website.
recipients of the data are or can be
• Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland (as processor according to Art. 28 DSGVO)
• Google LLC, 1600 Amphitheatre Parkway Mountain View, CA 94043, USA
• Alphabet Inc., 1600 Amphitheatre Parkway Mountain View, CA 94043, USA
It cannot be excluded that US authorities access the data stored by Google.
The data sent by us and associated with cookies are automatically deleted after 2 months. Deletion of data whose retention period has been reached is done automatically once a month.
Legal basis for this data processing is your consent according to Art.6 para.1 p.1 lit.a DSGVO.
You can revoke your consent at any time with future effect by calling up the cookie settings and changing your selection there. The lawfulness of the processing carried out on the basis of the consent until the revocation remains unaffected.
Du kannst die Speicherung von Cookies auch von vornherein durch eine entsprechende Einstellung deines Browsers verhindern. Wenn du deinen Browser so konfigurierst, dass alle Cookies abgelehnt werden, kann es jedoch zu Einschränkung von Funktionalitäten auf dieser und anderen Websites kommen. Du kannst darüber hinaus die Erfassung der durch das Cookie erzeugten und auf deine Nutzung der Website bezogenen Daten (inkl. IP-Adresse) an Google sowie die Verarbeitung dieser Daten durch Google verhindern, indem du deine Einwilligung in das Setzen des Cookies nicht erteilst oder das Browser-Add-on zur Deaktivierung von Google Analytics HIER herunterlädst und installierst.
Nähere Informationen zu Nutzungsbedingungen von Google Analytics und zum Datenschutz bei Google findest du unter https://marketingplatform.google.com/about/analytics/terms/de/ und unter https://policies.google.com/?hl=de.
If you create a user account and, if applicable, also use paid services from us, we process personal data from you for the execution of the contract. The processed data includes master data (e.g., names and addresses), contact data (e.g., e-mail addresses and telephone numbers), contract data (e.g., services used, contract content, contractual communication, names of contact persons, and information about products ordered and delivered via the website), and payment data (e.g., bank details, payment history).
The legal basis for this data processing is Art. 6 para. 1 lit. b DSGVO.
If you use a paid service with us, you have the choice between different payment methods. We use various service providers for payment processing.You can find more details about this under section 12.
Legal basis for the processing and transmission of data is the execution of the contract according to Art. 6 para. 1 lit. b DSGVO.
If you contact us (e.g. by phone, email, contact form), we need personal data from you to process your inquiry or request. These are depending on the communication channel:
• Name
• email address
• phone number
• Message content
The processing of your personal data is based on Art. 6 para. 1 lit. a DSGVO or, if the data processing concerns a contractual relationship, on Art. 6 para. 1 lit. b DSGVO.
For our WebApp we need a technical infrastructure that we cannot provide ourselves. Therefore, we use service providers. In each case, these are order processors with whom we have concluded an agreement in accordance with Art. 28 DSGVO. In addition, we naturally ensure in advance that our processors comply with all data protection regulations, so that your data is always safe.
We use the following service providers:
• web hosting and cloud service provider: Google Cloud EMEA Limited, Velasco, Clanwilliam Place, Dublin 2, Ireland.
• Google Analytics: Google Ireland Limited, Google Building Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland
• Email provider: IONOS SE, Elgendorfer Str. 57, 56410 Montabaur, Germany
The processing corresponds to our legitimate interests pursuant to Art. 6 (1) lit f DSGVO to be able to offer our users the respective functionalities without having to provide the technical infrastructure ourselves.
In principle, we take care to process personal data only in the EU or EEA. However, it cannot be ruled out that your personal data will be transferred to a third country, in particular to the USA, or that your data will be accessed in the USA.
The parent company of Google Ireland, Google LLC, is based in California, USA. A transmission of data to the USA and access by US authorities to the data stored by Google cannot be ruled out.
The USA is currently considered a third country from a data protection perspective, as according to the European Court of Justice there is currently no adequate level of protection for data transfers to the USA. You do not have the same rights there as within the EU / EEA; for example, you may not be entitled to legal remedies against access by authorities.
We ensure that data transfers only take place if the special requirements of Art. 44 et seq. DSGVO; i.e. on the basis of special guarantees, such as the officially recognized determination of a level of data protection corresponding to the EU or compliance with officially recognized special contractual obligations (so-called „Standard contractual clauses“).
Insofar as data is processed outside the EU/EEA and there is no level of data protection corresponding to the European standard, we have concluded EU standard contractual clauses with the service provider to establish an appropriate level of data protection. The parent company of Google Ireland, Google LLC, is based in California, USA. A transfer of data to the USA and access by US authorities to the data stored by Google cannot be ruled out. The USA is currently considered a third country from a data protection perspective. You do not have the same rights there as within the EU/EEA. You may not have any legal remedies against access by authorities.
The data transfer to the USA takes place on the basis of the standard contractual clauses pursuant to 46 para. 2 lit. c DSGVO. The standard contractual clauses are available at https://cloud.google.com/terms/sccs/eu-c2p. Alternatively, these documents can also be requested from us using the contact details provided in Section 1.
You can find a detailed description of data processing in the Google Cloud here: https://cloud.google.com/terms/cloud-privacy-notice?hl=de
In principle, data is deleted as soon as it is no longer necessary for achieving the stated purpose; Art. 17 (1) lit. a DSGVO. All data processed for contractual purposes are required for dealing with any warranty and comparable obligations at least for the duration of the respective warranty obligation. In addition, the data is retained for six or ten years for tax law reasons.
We delete requests without a contractual connection as soon as the retention is no longer necessary because their purpose has been achieved.
In addition to routine deletion of data, deletion may occur if you actively delete your account or data or revoke any consent you have given.
Please note that deleting your account only deletes the profile data, but not the ratings and images you have entered or uploaded. If you want to delete them, please contact info@ocean.guide.
No automated decision making or profiling takes place.
If a contract is concluded between us and you, the provision of personal data is partly required by law (tax regulations) and results from the contractual regulations (details of the contractual partner). Failure to provide the personal data would mean that the contract could not be concluded.
With regard to the processing of your personal data, you have the following rights:
• Right of access pursuant to Art. 15 DSGVO.
• Right to rectification according to Art. 16 DSGVO
• Right to erasure pursuant to Art. 17 DSGVO, unless processing is necessary for the exercise of the right to freedom of expression and information, for compliance with a legal obligation, for reasons of public interest, or for the establishment, exercise or defense of legal claims;
• Right to restrict processing pursuant to Art. 18 DSGVO.
• Right to receive the provided personal data in a structured, common and machine-readable format or transfer to another controller pursuant to Art. 20 DSGVO.
• Right to object to processing pursuant to Art. 21 DSGVO insofar as there are grounds for doing so which arise from your particular situation or the objection is directed against direct marketing. In the latter case, you have a general right to object, which will be implemented by us without specifying a particular situation.
• Right to revoke consent given at any time without affecting the lawfulness of the processing carried out on the basis of the consent until revocation in accordance with Art. 7 (3) DSGVO.
• Right to lodge a complaint with the competent supervisory authority pursuant to Art. 77 DSGVO. As a rule, you can contact the supervisory authority of your usual place of residence for this purpose.
We take organizational, contractual and technical security measures in accordance with the state of the art to ensure that the provisions of data protection laws are complied with and thus to protect the data processed by us against accidental or intentional manipulation, loss, destruction or against access by unauthorized persons.
For security reasons and to protect the transmission of confidential content, such as orders or requests that you send to us as the site operator, the website uses SSL or TLS encryption. You can recognize an encrypted connection by the fact that the address line of the browser changes from “http://” to “https://” and by the lock symbol in your browser line. If SSL or TLS encryption is activated, the data you transmit to us cannot be read by third parties.
We reserve the right to change our privacy policy if necessary due to new technologies or changes in our data processing procedures or in order to adapt it to changes in the legal situation applicable to us.
The current version of our privacy policy can be found at https://ocean.guide/about#dataprotection-web.
as of April 2023
When you use our apps, we process personal data from you. Since data protection is an important concern for us and your trust is our highest priority, we provide below a detailed description of how we process the respective data. We always treat your personal data confidentially and of course comply with all relevant legal data protection regulations. We only process your personal data if this is permitted by law or if you have given us your consent to do so.
In this privacy policy you will learn:
• The way we handle personal data on the Internet.
• What information is collected and analyzed about visitors to our website and users of our app.
• Whether and how this information is used, shared or otherwise processed.
This statement applies to all information collected or provided by the user when using our apps „OceanGuide Captain“ and „OceanGuide Crew“ (hereinafter “App”).
Philipp Hasselbach
Weißenburger Str 22
81667 München
E-Mail: info@ocean.guide
Telefon: 089/55058673
You can use the app without registration as long as you only want to use functions that do not require identification. This includes viewing precinct information, ratings and pictures and calculating the route from the current position to a marked location with display of the weather forecast along the route.
As soon as you want to use a function that requires identification, you will be asked to log in or register.
This requires the entry of an email address, a nickname and a password of your choice. The personal data required here is mandatory information, without which we cannot provide the aforementioned functions. The legal basis for this is Art. 6 para. 1 lit. b DSGVO in connection with the gratuitous usage contract between you and Oceanguide. .
After successful registration, you will receive a welcome email with a link to log in. For login after registration you need your nickname or e-mail address and password.
In your user profile you can select a ship type from a list, whose polar diagram is used to calculate the path of a route and to estimate distances and travel times. Additionally, you can enter other parameters such as the speed under engine and the average speed.
The information is voluntary and will be processed by us based on your consent according to Art. 6 para. 1 lit.a DSGVO.
You can delete your profile or account at any time.
The profile photo is displayed to other users together with your nickname. The first name, last name and your email address will never be shown to other users.
You can take out paid subscriptions to third-party content or a paid OceanGuide Premium subscription. This is independent of registration. If you are registered and have taken out a paid subscription, you can use the respective functions via the app on as many devices as you like.
The OceanGuide Premium subscription gives you access to the functions cash on board, logbook, trip report as well as the calculation of the route from your current location to a place indicated on the map with display of the weather forecast on the suggested route.
Once the app is opened, the following information is captured and stored:
• Time of opening the app.
• Operating system used and its version
• Country, region
• Used mobile device
• an ID uniquely identifying the app installation.
The aforementioned data is processed by us on the basis of Art. 6 (1) lit. f DSGVO. Our legitimate interest lies in the further development and improvement of the app. The logged data should help to simplify the handling of the app and to make the app even better.
Only if you have previously logged in, the data collected here is stored in a personalized manner and can be assigned to you.
To fully use the app, you must allow access to your location at least when using the app. If you deny access, the display of your location on the map, as well as the display of speed, course and direction of view will not work correctly. The app will display your current location as well as the direction of travel and the direction of view on the map if you have agreed to access your location.
If you have subscribed to OceanGuide Premium and agreed to access your location, the app allows you to calculate the path from your current location to any location shown on the map (port, anchorage, etc). The calculation of the route from your current location to a location shown on the map is performed on the server Google Cloud EMEA Ltd. Your current location is transmitted to the server for this purpose. You can find more details about the use of Google Cloud under section 19 Processors.
The data processing in connection with this is carried out with your consent and thus on the basis of Art. 6 (1) sentence 1 lit. a DSGVO.
You can change these permissions at any time on your mobile device. Please note that you will not be able to use the app to its full extent if you deny location access permissions. You can find more information here:
Für Android (Version 5.1 und niedriger):
https://support.google.com/googleplay/answer/6014972?p=app_permissions&rd=1&hl=en
(Version 6.0 und höher): https://support.google.com/googleplay/answer/6270602?hl=en
Für iOS: https://www.apple.com/privacy/manage-your-privacy/
The existing precinct information is available to all users of the app. Via the precinct information OceanGuide shows relevant locations on a map or on a satellite image. You can search for locations using a full text search.
The area information consists of information about relevant locations (harbors, anchorages, beaches, charter bases, dive spots, attractions / sights) and contains a description, hints on how to get there, hints on moorings, contact information (address, phone numbers, website, email address, radio channel), features or equipment characteristics, photos, ratings.
If you want to enter information about the area, you have to be logged in. All entered information is public. The entered information is only checked by OceanGuide for illegal and unwanted content before it is made public. The content is not checked for accuracy.
Other users will not see your nickname or any other information that the entry is yours. In addition to the content of the entry, we collect the time and the account from which the information was entered. We need the data in case criminally relevant content was entered or in order to defend ourselves against cyber attacks. We delete the personal data after 30 days.
The legal basis for data processing is our legitimate security interest according to Art. 6 para. 1 lit. f. DSGVO.
In addition, third parties (publishers, authors) can use OceanGuide as a publishing platform and publish district information themselves. The content is relevant cruising information like harbor guides, cruising guides, gourmet guides, etc. You can choose which cruising area information you want to be displayed. Among the third party precinct information, there are free content and paid content. To access the paid content, you need to subscribe to it via the App Store / Play Store.
As a logged in user you can give ratings of the places. Your ratings are public and will be shown to all users of the website along with your nickname.
The information is voluntary and will be processed by us based on your consent according to Art. 6 para. 1 lit. a DSGVO.
You can revoke your consent at any time without giving reasons with effect for the future. The lawfulness of the processing carried out on the basis of the consent until the revocation remains unaffected. You can send the revocation to info@ocean.guide.
If you want to delete your previous ratings, please contact info@ocean.guide.
As a logged in user you can upload photos that you have saved in the library or that you take directly with the camera. Your photos are public and can be viewed by all users of the website.
The app needs access to your media library or your camera for this. The data processing in connection with this is carried out with your consent and thus on the basis of Art. 6 Para. 1 lit. a DSGVO. You can revoke your consent at any time without giving reasons with effect for the future. The legality of the processing carried out on the basis of the consent until the revocation remains unaffected. You exercise the revocation by changing the permissions on your end device.
You can find more information here:
For Android (version 5.1 and lower):
https://support.google.com/googleplay/answer/6014972?p=app_permissions&rd=1&hl=en
(Version 6.0 und höher): https://support.google.com/googleplay/answer/6270602?hl=en
Für iOS: https://www.apple.com/privacy/manage-your-privacy/
As a logged in user you can create routes by collecting locations to be visited. The created routes can be given a name and a description and can be saved. You can also enter a start date and end date for the route. Saved routes can be loaded and displayed on the map to the user and all crew members invited to the trip or route. Even people who are not crew members can see your route if you create and share a DeepLink. You can plan routes in the WebApp or in the MobileApp, as well as open and modify them, and you can switch between devices.
The information is voluntary and will be processed by us based on your consent according to Art. 6 para. 1 lit.a DSGVO. As the creator of the route, you can delete the route at any time.
The route can be shared by creating a so-called deep link to your saved route using the button provided for this purpose and sharing it with the people you have selected. The deeplink is a URL that can be entered in the browser and then leads to the route on the map. The deep link can be shared with other people via email, messenger, etc. without them having to be logged in or registered on the website.
As a user of the OceanGuide Captain app you can invite other OceanGuide users to join a cruise. To do this, you enter the user's email address. If the entered email address is not yet assigned to an OceanGuide account, OceanGuide will send an invitation to the entered email address. With the invitation, the invited users become „Crewmembers“ and get access to the cruise. They can then see and edit all the information associated with the trip (itinerary, name, description, start and end dates of the trip, crew members).
If you have subscribed to OceanGuide Premium, you can view and maintain the board cash of a cruise. Each crew member can enter any expense. Each expense contains the information amount, date, purpose and person depositing. The app calculates the total number of expenses and creates a statement of all payments across all crew members. Each crew member can view each payment, total amount and the statement.
The information is processed by us on the basis of legitimate interest pursuant to Art. 6 (1) lit. f DSGVO, as the function of the on-board cash register is based on the respective entries of the crew members.
If you have subscribed to OceanGuide Premium, you can maintain the logbook of a trip. Each entry contains date, time, coordinates, weather information, optional commentary, speed and course, and mode of travel (under sail, under motor, at anchor, in port). Any crew member can create entries and view all entries.
It is not visible for other users who wrote which entry in the logbook. The user reference is visible to OceanGuide employees for legal reasons and can be requested by the ship's captain in case of legitimate interest. The legal basis for data processing is Art. 6 para. 1 lit. f DSGVO.
We store the logbook in accordance with Art .6 para. 1 lit. c DSGVO in conjunction with. B.II. 6th Ship Safety Regulation (SchSV) Annex 1 (to § 5) for three years from the last entry and beyond with your consent until you delete the trip.
If you have subscribed to OceanGuide Premium, you can maintain the cruise report of a cruise. Each entry contains date, title, description and pictures. Any crew member can create entries and view all entries.
The information is voluntary and will be processed by us based on your consent according to Art. 6 para. 1 lit. a DSGVO. You can revoke your consent at any time without giving reasons with effect for the future. You can send your revocation to info@ocean.guide. Please keep in mind that your previous entries will continue to exist.
You can delete the whole trip report by deleting the trip.
not applicable
not applicable
We send push notifications to our users. These can include news about a planned route or a comment about entered precinct information, or they can indicate special offers (e.g. discounted OceanGuide Premium subscription).
We use the respective platform operator (Google or Apple) to send push notifications.
Push notifications are only sent to you after your consent, the legal basis is Art. 6 para. 1 lit. a DSGVO. The legal basis for collecting data such as timestamp, push token and device ID is our legitimate interest according to Art. 6 para. 1 lit. f DSGVO.
Revocation of consent.
You can revoke your consent for push notifications at any time as follows:
• iOS:
App Settings -> Notifications -> OceanGuide Captain or Crew App -> Disable "Allow notifications".
• Android (depending on the manufacturer, the process may vary slightly):
App Settings -> Apps & Notifications -> Notification Management -> Under "Recently Sent", find apps that have recently sent notifications. To find more apps, tap „AView all“ -> „EAdvanced“ -> You can disable all notifications for a listed app. To select specific categories of notifications, tap on the app name.
If you create a user account and, if applicable, also use paid services from us, we process personal data from you for the execution of the contract. The processed data includes master data (e.g., names and addresses), contact data (e.g., e-mail addresses and telephone numbers), contract data (e.g., services used, contract content, contractual communication, names of contact persons, and information about the products ordered and delivered via the website), and payment data (e.g., bank details, payment history).
The legal basis for this data processing is Art. 6 (1) lit. b DSGVO.
Payment processing when using a paid service is handled by the platform operator (Apple, Google) as part of the in-app purchase process. We have no influence on the possible payment methods.
The legal basis for the processing and transmission of the data is the execution of the contract according to Art. 6 para. 1 lit. b DSGVO.
If you contact us (e.g. by phone, email, contact form), we need personal data from you to process your inquiry or request. These are depending on the communication channel:
• Name
• email address
• phone number
• Message content
The processing of your personal data is based on Art. 6 (1) lit. a DSGVO or, if the data processing concerns a contractual relationship, on Art. 6 (1) lit. b DSGVO.
For our mobile apps, we need a technical infrastructure that we cannot provide ourselves. That is why we use service providers. These are in each case order processors with whom we have concluded an agreement in accordance with Art. 28 DSGVO. In addition, we naturally ensure in advance that our processors comply with all data protection regulations, so that your data is always safe.
• Web hosting and cloud service provider: Google Cloud EMEA Limited, Velasco, Clanwilliam Place, Dublin 2, Ireland
• Email provider: IONOS SE, Elgendorfer Str. 57, 56410 Montabaur, Germany
• Google Cloud EMEA Limited, Velasco, Clanwilliam Place, Dublin 2, Ireland
The processing corresponds to our legitimate interests pursuant to Art 6 (1) lit f DSGVO to be able to offer our users the respective functionalities without having to provide the technical infrastructure ourselves.
In principle, we take care to process personal data only in the EU or the EEA. However, it cannot be ruled out that your personal data will be transferred to a third country, in particular to the USA, or that your data will be accessed in the USA.
The parent company of Google Ireland, Google LLC, is based in California, USA. A transmission of data to the USA and access by US authorities to the data stored by Google cannot be ruled out.
The USA is currently considered a third country from a data protection perspective, as according to the European Court of Justice there is currently no adequate level of protection for data transfers to the USA. You do not have the same rights there as within the EU / EEA; for example, you may not be entitled to legal remedies against access by authorities.
We ensure that data transfers only take place if the special requirements of Art. 44 et seq. DSGVO; i.e. on the basis of special guarantees, such as the officially recognized determination of a level of data protection corresponding to the EU or compliance with officially recognized special contractual obligations (so-called „Standard contractual clauses“).
Insofar as data is processed outside the EU/EEA and there is no level of data protection corresponding to the European standard, we have concluded EU standard contractual clauses with the service provider to establish an appropriate level of data protection. The parent company of Google Ireland, Google LLC, is based in California, USA. A transfer of data to the USA and access by US authorities to the data stored by Google cannot be ruled out. The USA is currently considered a third country from a data protection perspective. You do not have the same rights there as within the EU/EEA. You may not have any legal remedies against access by authorities.
Data transfer to the USA is based on the standard contractual clauses pursuant to 46 (2) lit. c DSGVO. The standard contractual clauses are available at https://cloud.google.com/terms/sccs/eu-c2p, alternatively these documents can also be requested from us at info@ocean.guide.
You can find a detailed description of data processing in the Google Cloud here: https://cloud.google.com/terms/cloud-privacy-notice?hl=de
In principle, data is deleted as soon as it is no longer required to achieve the stated purpose; Art. 17 (1) lit. a DSGVO. All data processed for contractual purposes are required for dealing with any warranty and comparable obligations at least for the duration of the respective warranty obligation. In addition, the data is retained for six or ten years for reasons of tax law.
We delete requests without a contractual connection as soon as storage is no longer necessary because their purpose has been achieved.
In addition to routine deletion of data, deletion may occur if you actively delete your account or data or revoke any consent you have given.
No automated decision making or profiling takes place.
If a contract is concluded between us and you, the provision of personal data is partly required by law (tax regulations) and results from the contractual regulations (details of the contractual partner). Failure to provide the personal data would mean that the contract could not be concluded.
In relation to the processing of your personal data, you have the following rights:
• Right of access pursuant to Art. 15 DSGVO.
• Right to rectification according to Art. 16 DSGVO
• Right to erasure pursuant to Art. 17 DSGVO, unless processing is necessary for the exercise of the right to freedom of expression and information, for compliance with a legal obligation, for reasons of public interest, or for the establishment, exercise or defense of legal claims;
• Right to restrict processing pursuant to Art. 18 DSGVO.
• Right to receive the provided personal data in a structured, common and machine-readable format or transfer to another controller pursuant to Art. 20 DSGVO.
• Right to object to processing pursuant to Art. 21 DSGVO insofar as there are grounds for doing so which arise from your particular situation or the objection is directed against direct marketing. In the latter case, you have a general right to object, which will be implemented by us without specifying a particular situation.
• Right to revoke consent given at any time without affecting the lawfulness of the processing carried out on the basis of the consent up to the revocation, pursuant to Art. 7 (3) DSGVO.
• Right to lodge a complaint with the competent supervisory authority pursuant to Art. 77 DSGVO. As a rule, you can contact the supervisory authority of your usual place of residence for this purpose.
We take organizational, contractual and technical security measures in accordance with the state of the art to ensure that the provisions of data protection laws are complied with and thus to protect the data processed by us against accidental or intentional manipulation, loss, destruction or against access by unauthorized persons.
We reserve the right to change our privacy policy if this should be necessary due to new technologies or changes in our data processing procedures or in order to adapt it to changes in the legal situation applicable to us.
The current version of our privacy policy can be found at https://ocean.guide/about#dataprotection-mobile.