Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us. Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract. Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.
1. Friends Yachting Ltd, a company incorporated and registered in the United Kingdom with company number 10095893 (trading as FriendsYachting), we are committed to safeguarding and preserving the privacy of our visitors. This document serves as an expression of our commitment to protecting your private personal information, but is not a contract.
2. This Policy aims to give you information on how we collect and process any personal data that you provide to us or that we collect from you when you visit www.friendsyachting.com and any affiliate and associate websites (Website), including any data you may provide through this website when you sign up for example through signing up to our newsletter, purchase of a product or where you take part in a competition.
3. By using our Website, you agree to the Policy.
4. This Policy is subject to the law of England and Wales and disputes can be determined by the courts of England and Wales.
5. We will only use and retain your personal data with your consent or other lawful basis. We ask for your consent on those occasions and in those places where we specify what we will use your personal data for.
6. Personal information that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes. We will retain documents (including electronic documents) containing personal data: (a) to the extent that we are required to do so by law; (b) if we believe that the documents may be relevant to any on-going or prospective legal proceedings; and (c) in order to establish, exercise or defend our legal rights (including providing information to others for purpose of fraud prevention and reducing credit risk).
7. This Website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our Website, we encourage you to read the privacy notice of every website you visit.
8. It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.
9. We include in this Policy, personal data processed relating to: (a) individuals who are making any enquiry or booking with us or through us, and individuals in respect of whom any enquiry or booking is made (such as friends, family members, and tour group members, and officers and employees of businesses and organizations booking with or through us); (b) individuals in respect of whom any enquiry or booking is made with us by an agent; (c) where you are a business or organization, employees or individuals who are acting as representatives of that business or other organization, and individuals connected to that business or other organization, such as owners, partners, shareholders, and directors; (d) individuals whose personal data from other companies in our group (such as where you have consented to your personal data being disclosed to other group companies for marketing purposes).
10. Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
11. By visiting and using our Website, you or your computer may provide personal data. This includes: information which is automatically provided by your browser to our servers; information recorded on our web servers about your interaction with our Website and pages viewed; information we capture or place on your computer or generate using cookies or other technologies on our Website; and information you input into forms and fields on our Website.
12. In running and maintaining the Website we may collect and process the following data about you: (a) information about your use of the Website including details of your visits such as pages viewed and the resources that you access, traffic data, location data, IP address, browser type, and other communication data; (b) information concerning you as an individual/business provided voluntarily by you, for example, when you register for information, subscribe to our email notifications, make a purchase, sign up to a service or enter a competition; (c) information that you provide when you communicate with us via any means or medium whatsoever; and, (d) information received from our Facebook application, Facebook comments, generic comment system, Twitter application, WordPress stats, mailing list, Google Analytics and geolocation. We may also obtain sensitive personal data about you if you volunteer it during the completion of an online form. If you volunteer such information, you will be consenting to our processing it for the purposes in this Policy.
13. We will obtain personal data about you from correspondence with you, verbally, by e-mail, whenever you complete an online form, submit any details to us or participate in a survey of competition that we may choose to run. This includes when you register for any service or account, make an enquiry or booking, send us comments or suggestions, subscribe to any newsletter or other publication and request sales and advertising information. We may also record telephone calls with you.
14. We may collect, use, store and transfer different kinds of personal data about you which we have grouped together follows: (a) Identity Data includes first and last name, username or similar identifier, marital status, title, passport number or other forms of proof of identity, nationality, email, date of birth, gender, next of kin name, phone number, social networking contact details; (b) Contact Data includes home and billing address, email address and telephone numbers and any other correspondence, communication or messaging information; (c) Financial Data includes bank account and payment card details; (d) Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us; (e) Technical Data includes your device details, internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, any web-page you came from, cookies, page response times, download errors, pages and parts of pages you visit, usage you make of our Website, services and product you viewed, length of your visit to the Website and pages, page interaction information (including as scrolling, mouse clicks, touches) operating system and platform and other technology on the devices you use to access this Website; (f) Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses; (g) Usage Data includes information about how you use our Website, products and services; and (h) Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.
15. If you are an individual associated with a business or other organization that is our customer, then your personal data may include the following information that we link to you: (a) business or organization details (such as name, address, telephone numbers, payment arrangements, financial information, etc.); (b) your relationship with that business or organization (such as owner, partner, director, shareholder, employee, or agent); and (c) your contact details within that business (such as work address, work telephone and mobile numbers, work fax number, and work e-mail address).
16. We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy notice.
17. We do not collect any Special Categories of Personal Data about you (this includes details about your religious or philosophical beliefs, sex life, sexual orientation, political opinions, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.
18. Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.
19. If you give us information on behalf of someone else, you confirm that the other person has appointed you to act on his/her behalf and has agreed that you can: (a) give consent on his/her behalf to the processing of his/her personal data; and (b) receive on his/her behalf any data protection notices.
20. We use different methods to collect data from and about you including through: (a) direct interactions. You may give us your Identity, Contact, Financial or Profile Data by filling in forms or by corresponding with us by post, phone and email or otherwise. This includes personal data you provide when you: a. apply for or buy our products or services; b. create an account on our Website or mobile app; c. use our mobile app; d. subscribe to our service or publications; e. request marketing materials to be sent to you; f. enter a competition, promotion or survey; g. give us some feedback; or h. apply for a job. (b) Automated technologies or interactions. As you interact with our Website, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. We may also receive Technical Data about you if you visit other websites employing our cookies. (c) Third parties or publicly available sources. We may receive personal data about you from various third parties as set out below: a. Technical Data from analytics providers such as Google, advertising networks and search information providers based outside the EU; b. Contact, Financial and Transaction Data from providers of technical, payment and delivery services; and c. Identity and Contact Data from data brokers or aggregators.
21. We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances: (a) Where we need to perform the contract we are about to enter into or have entered into with you. (b) Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests. (c) Where we need to comply with a legal or regulatory obligation.
22. Generally, we do not rely on consent as a legal basis for processing your personal data other than in relation to sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us.
23. We use the information that we collect from you to provide our services to you; services include anything booked with or through us including package holidays, transfers etc. We have set out below, in table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.
24. Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below. Purpose/Activity Type of data Lawful basis for processing including basis of legitimate interest To register you as a new customer, including: (a) Enable you to make bookings, fulfill, provide, perform, administer, manage, and enforce all bookings, orders, and other contracts which relate to you (a) Identity (b) Contact Performance of a contract with you To process and deliver your booking including: (a) Respond & administer enquiries and provide information (b) Manage payments, fees and charges (c) Collect and recover money owed to us (a) Identity (b) Contact (c) Financial (d) Transaction (e) Marketing and Communications (a) Performance of a contract with you (b) Necessary for our legitimate interests (to recover debts due to us) To manage our relationship with you which will include: (a) Provide information about our Website, systems and services as well as general updates (b) Notifying you about changes to our terms or this Policy (c) Asking you to leave a review or take a survey (d) Internal record keeping (a) Identity (b) Contact (c) Profile (d) Marketing and Communications (a) Performance of a contract with you (b) Necessary to comply with a legal obligation (c) Necessary for our legitimate interests (to keep our records updated & to study how customers use our products and services) and maintenance of reasonable archives concerning enquiries, bookings, contracts, services and complaints To enable you to partake in a prize draw, competition or complete a survey (a) Identity (b) Contact (c) Profile (d) Usage (e) Marketing and Communications (a) Performance of a contract with you (b) Necessary for our legitimate interests (to study how customers use our products/services, to develop them and grow our business) To administer, protect and improve our business and this Website, including: (a) Troubleshooting (b) Data analysis & testing (c) System maintenance & support (d) Reporting & hosting data (a) Identity (b) Contact (c) Technical (a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganization or group restructuring exercise) (b) Necessary to comply with a legal obligation To deliver relevant Website content & advertisements to you & measure or understand the effectiveness of the advertising we serve (a) Identity (b) Contact (c) Profile (d) Usage (e) Marketing & Communications (f) Technical Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy) To use data analytics to improve our Website and services via research, behavioral and statistical analysis, products and services, marketing, customer relationships & experiences (a) Technical (b) Usage Necessary for our legitimate interests (to define types of customers for our products and services, to keep our Website updated and relevant, to develop our business and to inform our marketing strategy) To make suggestions and recommendations to you, by way of analysis, about goods or services that may (a) Identity (b) Contact (c) Technical Necessary for our legitimate interests (to develop our products/services and grow our be of interest to you (d) Usage (e) Profile business)
25.In addition to the above, we may also use your personal data for the following purposes, including: (a) helping us identify you and any accounts you hold with us; (b) enable your use of the services on our Website; (c) supply to you services/goods purchased through our Website; (d) send you email notifications/newsletters that you have specifically requested; (e) send you non-marketing commercial communications; and (f) fraud prevention and detection.
26. Where your consent has been provided in advance, in addition to providing you with information on our (including our group companies) offers, forthcoming events, new routes/products etc., we may also allow selected third parties to use your data to enable them to provide you with information regarding unrelated goods and services that we believe may be of interest to you. Where you have provided such consent you may withdraw such consent and opt out of any marketing services at any time.
27. We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing).
28. From time to time, we may disclose your contact details (i.e. your name, email address, postal address, telephone number, mobile number, fax number and preferences) to: (a) other companies within the FriendsYachting Group; and (b) other companies which offer services that may enhance your experience or be able to help you to finalize your arrangements (‘third parties’). Such third parties may then contact you directly with marketing information about services and products offered by them, third parties will only contact you in the manner you agreed to (e.g. email, text) when providing your consent.
29. You will receive marketing communications from us if you have requested information from us or purchased goods or services from us or if you provided us with your details when you entered a competition or registered for a promotion and, in each case, you have not opted out of receiving that marketing.
30. We will get your express opt-in consent before we share your personal data with any company outside the FriendsYachting Ltd group of companies for marketing purposes.
31. You can ask us or any third parties to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you or by contacting us at any time. You can opt out, at any time, by contacting us as detailed in this Policy or by following the instructions set out in our marketing communications.
32. You are also free, at any time, to notify any third party to whom we have previously passed your contact details to, that you no longer wish to receive marketing communications from them.
34. We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.
35. If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
36. Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
37. We take appropriate technical and organizational measures to secure your information and to protect it against unauthorized or unlawful use and accidental loss or destruction, including: (a) only sharing and providing access to your information to the minimum extent necessary, subject to confidentiality restrictions where appropriate, and on an anonymized basis wherever possible; (b) using secure servers to store your information; and (c) using Secure Sockets Layer (SSL) and Transport Layer Security (TLS) software or other similar encryption technologies to encrypt your personal and payment transactions.
38. Whilst we will use all reasonable efforts to safeguard your personal data, you acknowledge and understand that the sending of information via the Internet and by email is not secure. We cannot therefore guarantee the security of any personal data, including payment card information, that you choose to send electronically and the sending of such information is entirely at your own risk which you freely assume. We cannot be responsible for any costs, expenses, loss of profits, harm to reputation, damages, liabilities or any other form of loss or damage suffered by you as a result of your decision to transmit information to us by email.
39. For your own privacy protection, we encourage you to maintain anti-virus and other malware protection software on your computers and other devices, and to maintain your own measures to protect your personal data. We encourage you to be careful about whom you give personal data to. Please let us know if you someone purports to contact you in our name.
40. We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of it, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
41. To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
42. By law we have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for six years after they cease being customers. In some circumstances you can ask us to delete your data.
43. In some circumstances we may anonymize your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
44. We (and any affiliate, subcontractor or other person processing your personal data on our behalf) may transfer, store and otherwise process your personal data anywhere within the European Economic Area (‘EEA’).
45. In operating our Website and providing our services to you, it may become necessary to transfer data that we collect from you to locations outside of the European Economic Area for processing and/or storing. By providing your personal data to us you agree to this transfer, processing and/or storing. Whenever we transfer your personal data out of the EEA, we shall use reasonable endeavors to ensure that all reasonable steps are taken to store your data securely.
46. We will only send your personal data outside the EEA to companies either within our group or to parties with whom we have a contract. We ensure your personal data is protected by requiring all our group companies to follow the same rules when processing your personal data. This means within our group and for those other organizations with whom we have contracts we ensure we have in place adequate safeguards in respect of such transfers outside the EEA. You can find out about what adequate safeguards these are by contacting us.
47. We may monitor and record communications with you (such as telephone conversations, emails, Facebook chats etc.) for the purpose of quality assurance, training, fraud prevention and compliance.
48. We will not disclose your person information to any other party other than in accordance with this Policy – we may disclose your personal data: (a) to other companies within our group and third parties and suppliers with whom we engage or sub-contract to perform any booking, contract or part of the contract; (b) to our employees, agents and service providers/suppliers; (c) to third parties (including intermediaries) as necessary to deal with any booking enquiry being made by or for you, to make any booking requested by or for you, to perform and administer any booking for you or other contract with or in respect of you – this may include to collect payments to be made by you, investigate and respond to complaints and enforce any booking or other contract with you; (d) for insurance purposes; (e) in the event that we sells the whole or part of its business; (f) where we use third parties to host, provide, operate or supply any part of our Websites, databases, systems, business, or services, or carry out on our behalf any of our business functions or actions (including sending mail, processing payments, providing marketing assistance, providing customer and advertising analysis, and providing customer services); (g) to our business partners in accordance with the ‘Marketing’ section above; (h) where we are legally required to disclose your personal information to law enforcement agencies in connection with any investigation; (i) in connection with any on-going or prospective legal proceedings; (j) to third parties, which may change from time to time, (including intermediaries) to carry out any checks regarding your financial standing, further fraud protection and reduce the risk of fraud, including for the purposes of credit checks.
49. Where any facility on our Website is clearly designed to make some or all of your personal data public (e.g. posts you make to any public forum or reviews facility) than any personal data you provide in relation to that forum or other facility, which is provided in circumstance where it is clear that it is intended to be published, will be disclosed to the public accordingly, subject to moderation by us and to the terms of this Policy.
51. In accordance with the Data Protection Act 1998 you have the right to access any information that we hold relating to you. You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
52. We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
53. We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
54. Do not hesitate to contact us regarding any matter relating to this Policy at email@example.com.
55. The Website may contain links to other sites or may frame material from other sites. Such material has been created by or for the respective owners of those sites and is not under our control. We have not undertaken to verify the truth or accuracy of any such material and makes no representation or warranty with respect to the links or the contents thereof. We have compiled the information on this site for the use of yacht charterers, prospective yacht charterers and their travel professionals. All information is subject to change without notice and is without warranty.
56. The Website is provided by us on an ‘as is’ basis. No warranties or representations of any kind expressed or implied are given (and if any such warranties and representations arise by operation of law or otherwise they are hereby disclaimed to the fullest extent permitted by law) in connection with the Website or its content including the completeness or accuracy of any of its contents.
57 .We shall not be liable for any loss, damages or expenses of any kind including compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property or claims by third parties howsoever arising in connection with the copying or use of any information or material contained in or referred to on the Website or otherwise from the use of the Website (including information in respect of the yachts described on the Website).
58. We shall not be liable for any damages or injury of any kind caused by any error, omission, delay, computer virus, unauthorized access to, alteration of, or use relating to the Website or any other website.
62. We may gather information about your general Internet use by using cookies. Where used, these cookies are downloaded to your computer and stored on the computer’s hard drive. Such information will not identify you personally as this information is statistical data. This statistical data will not identify any personal details whatsoever. Although we may obtain information about your computer or other electronic device such as your IP address, your browser and/or other Internet log information. In certain circumstances we may collect personal information about you – but only where you voluntarily provide it (e.g. by completing an online form).