YACHT BAZAAR PRIVACY POLICY
Policy version: November 2023
1 INTRODUCTION
This Privacy Policy is provided by Yacht Bazaar LTD, a company registered at Companies House under Company number 15198753 with registered office at Suite 114, Lymington Town Hall, Avenue Road, Lymington, England, SO41 9ZG, United Kingdom (‘we’, ‘our’ or ‘us’) regarding personal data processed as part of your use of our online marketplace as a seller or buyer for the sale or purchase of used yachting products and related logistical services provided by us at [https://www.yacht-bazaar.com/en/infos/privacy] (Services).
We take your privacy very seriously. Please read this privacy policy carefully as it contains important information on how and why we collect, store, use and share any information relating to you (your personal data).
It also explains your rights in relation to your personal data and how to contact us or the relevant regulator in the event you have a complaint. Our collection, storage, use and sharing of your personal data is regulated by law, including under the UK General Data Protection Regulation (UK GDPR).
We are the controller of personal data obtained via the Services in our marketplace, meaning we are the organisation legally responsible for deciding how and for what purposes it is used.
2 WHAT THIS POLICY APPLIES TO
This privacy policy relates to your use of the Services only.
For privacy information relating to any third parties with whom we share your personal data or for how your data as a customer is shared with sellers, see the section ‘Who we share your personal data with.’ below.
3 PERSONAL DATA WE COLLECT ABOUT YOU
The personal data we collect about you depends on the particular activities carried out through the Services. We will collect and use the following personal data about you:
• your name and contact information, including email address and telephone number and company details (where applicable) and your profile information via your account created on our marketplace
• your billing information, transaction and payment card information
• your contact history, transaction history and saved items
• information from accounts you link to us, eg Facebook
• Information about how you use our marketplace, IT, communication and other systems
• your responses to surveys, competitions and promotions
• interactions with other users on the marketplace
If you do not provide personal data we ask for where it is required, including the geo-localisation services, it may prevent us from providing services and/or the Services to you.
We collect and use this personal data for the purposes described in the section ‘How and why we use your personal data’ below.
4 SENSITIVE DATA
Sensitive personal data (also known as special category data) means information related to personal data revealing racial or ethnic origin; political opinions; religious or philosophical beliefs; trade union membership; genetic data; biometric data (where used for identification purposes); data concerning health; data concerning a person’s sex life; and data concerning a person’s sexual orientation.
Please note that we do not knowingly or intentionally collect sensitive personal data or information about criminal convictions from individuals and that you should not submit sensitive data to us.
If, however you do submit sensitive data to us, such as if you make this sensitive data available to other users of the Services (such as by publishing it through any forum feature we may make available from time to time) we will assume that you have purposefully made any such sensitive data manifestly public.
5 HOW YOUR PERSONAL DATA IS COLLECTED
We collect personal data from you directly when you sign up to the Services on our marketplace, contact us directly or reach out to us via social media, make submissions via the Services when a forum element is available, or indirectly, such as your activity while using the Services on our marketplace.
At this point in time, we do not collect any personal information about you using cookies or similar technologies on our marketplace. In the event that this were to change and if we were to decide to collect personal data about you using cookies, you would be notified of this change via this page on our marketplace, with detailed information regarding our use of cookies and similar technologies to be made available in the relevant cookies policy.
6 HOW AND WHY WE USE YOUR PERSONAL DATA
Under data protection law, we can only use your personal data if we have a proper reason, e.g.:
(i) where you have given consent
(ii) to comply with our legal and regulatory obligations
(iii) for the performance of a contract with you or to take steps at your request before entering into a contract, or
(iv) for our legitimate interests or those of a third party
A legitimate interest is when we have a business or commercial reason to use your information, so long as this is not overridden by your own rights and interests. We will carry out an assessment when relying on legitimate interests, to balance our interests against your own. You can obtain details of this assessment by contacting us (see ‘How to contact us’ below).
The table below explains what we use your personal data for and why.
What we use your personal data for Our reasons
Providing our Services to you, including account creation and management To perform our contract with you or to take steps at your request before entering into a contract, such as to ensure order fulfilment and to allow you to use our Services
Preventing and detecting fraud against you or us For our legitimate interest, ie to minimise fraud that could be damaging for you and/or us
Activities necessary to comply with legal and regulatory obligations that apply to our business. Depending on the circumstances:
—to comply with our legal and regulatory obligations
—for our legitimate interests
To enforce legal rights or defend or undertake legal proceedings Depending on the circumstances:
—to comply with our legal and regulatory obligations;
—in other cases, for our legitimate interests, ie to protect our business, interests and rights
Ensuring business policies are adhered to, eg policies covering security and internet use For our legitimate interests, ie to make sure we are following our own internal procedures so we can deliver the best service to you
Operational reasons, such as improving efficiency, training and quality control For our legitimate interests , ie to be as efficient as we can so we can deliver the best service to you at the best price
Ensuring the confidentiality of commercially sensitive information Depending on the circumstances:
—for our legitimate interests, ie to protect trade secrets and other commercially valuable information;
—to comply with our legal and regulatory obligations
Statistical analysis to help us manage our business, eg in relation to our financial performance, user base, product range or other efficiency measures For our legitimate interests, ie to be as efficient as we can so we can deliver the best Services to you
Preventing unauthorised access and modifications to systems Depending on the circumstances:
—for our legitimate interests, ie to prevent and detect criminal activity that could be damaging for you and/or us;
—to comply with our legal and regulatory obligations
Protecting the security of systems and data used to provide our Services To comply with our legal and regulatory obligations
We may also use your personal data to ensure the security of systems and data to a standard that goes beyond our legal obligations, and in those cases our reasons are for our legitimate interests, ie to protect systems and data and to prevent and detect criminal activity that could be damaging for you and/or us
Updating and enhacing user records Depending on the circumstances:
—to perform our contract with you or to take steps at your request before entering into a contract;
—to comply with our legal and regulatory obligations;
—for our legitimate interests, eg making sure that we can keep in touch with our users about existing orders and updates to our marketplace
Statutory returns To comply with our legal and regulatory obligations
Ensuring safe working practices, staff administration and assessments Depending on the circumstances:
—to comply with our legal and regulatory obligations;
—for our legitimate interests, eg to make sure we are following our own internal procedures and working efficiently so we can deliver the best service to you
Marketing our services and those of selected third parties to:
—existing and former users;
—third parties who have previously expressed an interest in our services;
—third parties with whom we have had no previous dealings. For our legitimate interests, ie to promote our business to existing and former users
To share your personal data with third parties that will or may take control or ownership of some or all of our business (and professional advisors acting on our or their behalf) in connection with a significant corporate transaction or restructuring, including a merger, acquisition, asset sale, initial public offering or in the event of our insolvency
In such cases information will be anonymised where possible and only shared where necessary Depending on the circumstances:
—to comply with our legal and regulatory obligations;
—in other cases, for our legitimate interests, ie to protect, realise or grow the value in our business and assets
See ‘Who we share your personal data with’ for further information on the steps we will take to protect your personal data where we need to share it with others.
7 MARKETING
We intend to send you email marketing to inform you of our marketplace and services, such as promotions, and updates about the marketplace, including new functionalities related to the Services.
We will always ask you for your consent before doing sending you marketing communications, except where you have explicitly opted-in to receiving email marketing from us in the past or except where you were given the option to opt-out of email marketing when you initially signed up for your account with us and you did not do so.
You will have the right to opt out of receiving marketing communications at any time by:
o contacting us at [Privacy@yacht-bazaar.com]
o using the ‘unsubscribe’ link included in all marketing emails you may received from us
We will always treat your personal data with the utmost respect and never sell or share it with other organisations for marketing purposes.
For more information on your right to object at any time to your personal data being used for marketing purposes, see ‘Your rights’ below.
8 WHO WE SHARE YOUR PERSONAL DATA WITH
We routinely share personal data with service providers we use to help us run our business or provide the services or functionalities in the Services, including developers and cloud storage providers.
We only allow service providers to handle your personal data if we are satisfied they take appropriate measures to protect your personal data. We also impose contractual obligations on service providers to ensure they can only use your personal data to provide services to us and to you.
We may share customer personal data with sellers on our online marketplace for the purpose of order fulfilment only. These sellers are separate data controllers, not joint data controllers with us, and they must have their own privacy policies and practices in place. If you have any queries or concerns about how a seller has handled your personal data, you should address these to the seller directly and ask for a copy of their privacy policy.
We or the third parties mentioned above may occasionally also need to share your personal data with:
- external auditors, e.g. in relation to the audit of our accounts and our company —the recipient of the information will be bound by confidentiality obligations
- professional advisors (such as lawyers and other advisors)—the recipient of the information will be bound by confidentiality obligations
- law enforcement agencies, courts or tribunals and regulatory bodies to comply with legal and regulatory obligations
- other parties in connection with a significant corporate transaction or restructuring, including a merger, acquisition, asset sale, initial public offering or in the event of our insolvency—usually, information will be anonymised but this may not always be possible, however, the recipient of the information will be bound by confidentiality obligations
If you would like more information about who we share our data with and why, please contact us (see ‘How to contact us’ below).
We will not share your personal data with any other third party.
9 HOW LONG YOUR PERSONAL DATA WILL BE KEPT
We will keep your personal data for as long as you have an active account with us and for a period of up to 6 years thereafter to comply with any accounting or legal obligations including in the event of the pursuit or defence of legal claims. Once you have closed your account with us, we will move your personal data to a separate database so that only key stakeholders in our business on a ‘need to know basis’ have access to such data.
Following the end of the of the aforementioned retention period, we will delete or anonymise your personal data.
10 TRANSFERRING YOUR PERSONAL DATA OUT OF THE UK
At this point in time, we do not transfer your personal data outside of the UK. If this changes, we would comply with applicable UK laws designed to ensure the continued protection and privacy of your personal data. Any updated destinations to which we send your personal data, would be indicated in the present section and notified to you in accordance with the section on ‘Change to this privacy policy’ below.
Furthermore, under UK data protection laws, we can only transfer your personal data to a country outside the UK where: the UK government has decided the particular country ensures an adequate level of protection of personal data (known as an ‘adequacy regulation’) further to Article 45 of the UK GDPR; there are appropriate safeguards in place, together with enforceable rights and effective legal remedies for you; or a specific exception applies under relevant data protection law. Accordingly, if we were to start transferring your personal data from the UK to:
- The EEA: we would rely on the adequacy finding granted by the UK to the EU under the Withdrawal Agreement to do; for any transfers from the EU to the UK, we would rely on the adequacy regulation granted to the UK under the Adequacy Decision.
- Any country located outside the UK/EEA: we would rely an appropriate safeguards under the UK GDPR, such as by including the relevant Standard Contractual Clauses in our data processing agreements
In the event we could not or choose not to continue to rely on either of those mechanisms at any time we would not transfer your personal data outside the UK unless we could do so on the basis of an alternative mechanism or exception provided by UK data protection law.
11 YOUR RIGHTS
You generally have the following rights, which you can usually exercise free of charge. For more information regarding these rights, please visit the ICO marketplace here.
Access to a copy of your personal data The right to be provided with a copy of your personal data.
Correction (also known as rectification) The right to require us to correct any mistakes in your personal data.
Erasure (also known as the right to be forgotten) The right to require us to delete your personal data—in certain situations.
Restriction of use The right to require us to restrict use of your personal data in certain circumstances, e.g. if you contest the accuracy of the data.
Data portability The right to receive the personal data you provided to us, in a structured, commonly used and machine-readable format and/or transmit that data to a third party—in certain situations.
To object to use The right to object:
• at any time to your personal data being used for direct marketing (including profiling)
• in certain other situations to our continued use of your personal data, e.g. where we use you personal data for our legitimate interests.
Not to be subject to decisions without human involvement The right not to be subject to a decision based solely on automated processing (including profiling) that produces legal effects concerning you or similarly significantly affects you
We do not make any such decisions based on data collected by the Services.
For further information on each of those rights, including the circumstances in which they do and do not apply, please contact us (see ‘How to contact us’ below). You may also find it helpful to refer to the guidance from the UK’s Information Commissioner on your rights under the UK GDPR.
If you would like to exercise any of those rights, please complete a request form—available on our website at [insert link] or email , call or write to us—see below: ‘How to contact us’. When contacting us please:
o provide enough information to identify yourself (e.g., your full name and username) and any additional identity information we may reasonably request from you, and
o let us know which right(s) you want to exercise and the information to which your request relates
12 KEEPING YOUR PERSONAL DATA SECURE
We have appropriate security measures to prevent personal data from being accidentally lost, or used or accessed unlawfully. We limit access to your personal data to those who have a genuine business need to access it.
We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable regulator of a suspected data security breach where we are legally required to do so.
If you want detailed information from Get Safe Online on how to protect your information and your computers and devices against fraud, identity theft, viruses and many other online problems, please visit www.getsafeonline.org. Get Safe Online is supported by HM Government and leading businesses.
13 HOW TO COMPLAIN
Please contact us if you have any queries or concerns about our use of your information (see below ‘How to contact us’). We hope we will be able to resolve any issues you may have.
You also have the right to lodge a complaint with the Information Commissioner.
The Information Commissioner can be contacted at https://ico.org.uk/make-a-complaint or telephone: 0303 123 1113.
14 CHANGES TO THIS PRIVACY POLICY
We may change this privacy policy from time to time. When we make significant changes we will take steps to inform you, for example via the Services or by other means, such as email.
15 HOW TO CONTACT US
You can contact us by post, email or telephone if you have any questions about this privacy policy or the information we hold about you, to exercise a right under data protection law or to make a complaint.
Our contact details are shown below:
- [Suite 114, Lymington Town Hall, Avenue Road, Lymington, England, SO41 9ZG, United Kingdom]
- [Privacy@yacht-Bazaar.com]