Privacy Policy

2. DEFINITIONS
This Privacy Policy uses a number of definitions which are set out below:

• Data Controller: the entity which is responsible for determining when, why and how to Process Personal Data and for establishing practices and policies in line with applicable data protection law.
• Personal Data: any information which identifies an individual or information relating to an individual who can be identified (directly or indirectly) from that data alone or in combination with other identifiers we possess or can reasonably access. For example, Personal Data can include your name, date of birth and passport number. However, Personal Data does not include anonymous data or data that has had the identity of an individual permanently removed.
• Processing or Process: any activity that involves the use of Personal Data. It includes obtaining, recording or holding the data, or carrying out any operation or set of operations on the data including organising, amending, retrieving, using, disclosing, erasing or destroying it. Processing also includes transmitting or transferring Personal Data to third parties.
• Special Categories of Personal Data: any data which reveals details about sensitive issues such as an individual’s race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about physical or mental health, or genetic and biometric data.
• Supervisory Authority: the independent public authority responsible for monitoring the application of relevant data protection law. Imperial Yachts has chosen the UK Information Commissioner’s Office (ICO) as its Supervisory Authority.

3. IMPORTANT INFORMATION AND WHO WE ARE

Purpose of this Privacy Policy
This Privacy Policy aims to give you information on how we collect and process your Personal Data through your use of this website, including any data you may provide through this website when you make an enquiry, apply for a job or arrange the charter or purchase of a yacht.
It is important that you read this Privacy Policy together with any other privacy notice or fair processing notice we may provide on specific occasions when we are collecting or processing Personal Data about you so that you are fully aware of how and why we are using your personal data. This Privacy Policy supplements such other notices and is not intended to override them.

Identity of Data Controller
Imperial Yachts is the Data Controller and responsible for your Personal Data (collectively referred to as “Imperial Yachts”, “we”, “us” or “our” in this privacy notice).

Data Protection Queries
Julia Stewart is responsible for overseeing questions in relation to this Privacy Policy. If you have any questions about this Privacy Policy, including any requests to exercise your legal rights, please contact Julia Stewart using the details set out below:

• Full name of legal entity: Imperial Yachts
• Person responsible for data protection queries: Julia Stewart, Director
• Email address: marketing@imperial-yachts.com
• Postal address: ERMANNO PALACE – 27 Boulevard Albert 1er – MC98000 Monaco
• Telephone number: +377 97 98 38 80

You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK Supervisory Authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.

Your duty to inform us of changes
It is important that the Personal Data we hold about you is accurate and up-to-date. It is your obligation to keep us informed if your Personal Data changes during your relationship with us.

Third-party links
This website may include links to third-party websites, plug-ins and applications which are not maintained or controlled by Imperial Yachts. 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 look at other websites, we encourage you to read the Privacy Policy of every website you visit.

4. THE DATA WE COLLECT ABOUT YOU

Personal Data
We may collect, use, store and transfer different kinds of Personal Data about you which we have grouped together follows:

• Identity Data includes first name, middle name, last name, maiden name, username or similar identifier, marital status, title, date of birth, gender and passport number.
• Contact Data includes billing address, home address (if different), email address and telephone numbers.
• Financial Data includes bank account and payment card details.
• Transaction Data includes details about payments from you and other details of services you have purchased from us.
• Technical Data includes internet protocol (IP) address, your login data, data about your browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website.
• Profile Data includes your username and password, purchases/bookings made by you, your interests, service preferences and feedback.
• Usage Data includes information about how you use this website and services.
• Marketing and Communications Data includes your preferences in receiving marketing from us and third parties (i.e. any external partners) and your preferences when receiving communications.

Aggregated Data
When you visit this website we may also collect, use, store and share aggregated, anonymised statistical or demographic data (Aggregated Data). Aggregated Data may be derived from your Personal Data but is not considered Personal Data in law as it cannot directly or indirectly reveal your identity.

Aggregated Data may include the time and length of your visit to this website, the pages you have visited on this website, as well as details of the website you visited immediately prior to visiting this website. We may also record the name of your internet service provider. We use this information only to measure site activity and to develop ideas for improving our services.

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 Policy.

Special Categories of Personal Data
It is a necessary part of our business to collect certain types of Special Categories of Personal Data about you. For example, we need to collect data about your state of health if you inform us that you have a medical condition which requires special equipment or mobility assistance during your travel to, from or onboard a yacht, or to determine your fitness to travel onboard a yacht. Making certain catering choices will also involve the collection of data about your religious beliefs or state of health, for example if you inform us that you require Halal or diabetic catering.

We treat our obligations to protect Special Categories of Personal Data very seriously and we will always ask your express consent to collect, process or transfer such data for specified purposes each time you provide it to us.

Personal Data relating to minor passengers
In certain circumstances, we may need to collect, process or transfer Personal Data relating to minor passengers (i.e. children under the age of 16), for example where a charter will involve the carriage of a minor passenger. This is necessary for us to pursue our legitimate interests in running our business and to perform the contract of carriage.

We will only use Personal Data relating to minor passengers for the specified purposes set out in section 6 and with the express consent of the person who has parental responsibility. Minor passengers have the same rights as any other passenger regarding their Personal Data which are set out in section 12.

Providing Personal Data on behalf of other passengers
By providing us with Personal Data, including Special Categories of Personal Data, relating to other passengers during the course of your purchase/booking, you are representing that you have their authority to provide their Personal Data to us and to consent to their Personal Data being collected and processed for the specified purposes. Imperial Yachts is entitled to rely upon such representations.

If you fail to provide Personal Data
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. In these circumstances, we have the right to cancel or refuse to accept your booking, but we will notify you if this is the case at the time.

5. HOW IS YOUR PERSONAL DATA COLLECTED?
We use different methods to collect data from and about you including through:

Direct interactions.
You (or an agent acting on your behalf) may give us your Personal Data by filling in online forms or by corresponding with us by post, phone, email or otherwise. This includes Personal Data you provide to us when you:

• purchase a yacht or arrange a charter with us;
• inform us about medical conditions as a purchaser and/or when requesting guest access or other accessibility services for a charter;
• complete a form on the website and send it to us;
• contact our other personnel onboard a yacht or employees or agents of Imperial Yachts;
• attend any events we host;
• apply for a job with us; or
• give us some feedback.

This website.
As you interact with this 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. Please see section 6 below and our Cookie Policy for further details.

Our mobile website.
Our mobile website has the ability to access mobile device information to better serve passengers in the service that is used. We may use location data for our mobile website to enable us to provide the most helpful format and content providing that you have agreed to the use by Imperial Yachts of your location data. If you would like to restrict our collection of your location data, please adjust the settings on your device.

Third parties or publicly available sources.
We may receive Personal Data about you from various third parties and public sources as set out below:

• Data from the following parties:
  • Analytics providers such as Google based outside the European Economic Area (EEA)[1];
  • advertising networks such as (but not limited too) Boat International, Superyachts.com, SuperyachtTimes.com, SuperyachtNews.com and other relevant websites based inside the EEA; and
  • search information providers such as Google, Yandex, Bing, Yahoo! based inside and outside the EU.
• Contact, Financial and Transaction Data from providers of technical or payment services based inside the EEA.
• Identity and Contact Data from data brokers or aggregators based inside and outside the EEA.
• Social Medias such as Facebook, LinkedIn, Google+, Youtube, Instagram and Twitter, based inside and outside the EEA.

[1] The EEA is composed of the 28 EU Member States plus Norway, Iceland and Lichtenstein.

6. HOW WE USE YOUR PERSONAL DATA
We will only use your Personal Data as permitted by law. Most commonly, we will rely on the following types of lawful bases to process your Personal Data:

• Legitimate Interests: the interests of Imperial Yachts in conducting and managing our business in order to give you the highest standard of service and the best and most secure chartering 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 express consent or are otherwise required or permitted to do so 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: processing your Personal Data is necessary for the performance of the contract of carriage 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: processing your Personal Data may be necessary for compliance with a legal or regulatory obligation to which we are subject. For example, in accordance with Article L 232-6 of French Internal Security Code, we may transmit reservation, checking or boarding data collected from passengers (API/PNR) to the French national public services and competent authorities for the purposes and under conditions as defined in the Decret N° 2014-1095 dated 26 September 2014
• Consent: in certain circumstances, we may ask for your express consent to collect, process or transfer your Personal Data, for example in relation to opting in to receiving our newsletter or other direct marketing. You have the right to withdraw your consent at any time simply by contacting us.

Purposes for which we will use your Personal Data
We have set out below, in a table format, a description of all the ways we will use your Personal Data, and which types of legal basis we rely on to do so. We have also identified what our legitimate interests are where appropriate. We may process your Personal Data for more than one lawful basis depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific lawful basis we are relying upon to process your Personal Data where more than one basis has been set out in the table below.

Cookies
This website makes use of cookies to measure site activity and to customise information to your personal tastes. A cookie is an element of data that a website can send to your browser which may then store the cookie on your hard drive, either temporarily or long term. This means that, when you visit this website in future, we can tailor information to suit your individual preferences which can save you time and provide you with a more personalised visit. You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly. For more information about the cookies we use, please see our Cookie Policy.

Change of purpose
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. If we need to use your Personal Data for an unrelated purpose, we will notify you to explain the legal basis which allows us to do so or, where required by law, to seek your consent.

7. MARKETING
We strive to provide you with choices regarding certain Personal Data uses, particularly around marketing and advertising.

Promotional offers from us
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 services and offers may be relevant for you (we call this “marketing”).

The “soft opt-in”
You will continue to receive marketing communications from us if you have previously arranged a charter or purchased a yacht from us in the past, or if you have requested information from us in connection with a potential charter or purchase, unless you have opted out of receiving future marketing communications.

Third-party marketing
We will request your express consent before we share your Personal Data with any company outside the Group for marketing purposes.

Opting out
You can ask us 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. 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.

8. DISCLOSURES OF YOUR PERSONAL DATA
Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your Personal Data in the same way as set out in this Privacy Policy. We require all third parties to respect the security of your Personal Data and to treat it in accordance with the law. We do not allow our third-party service providers to use your Personal Data for their own purposes and only permit them to process your Personal Data for specified purposes and in accordance with our instructions.

9. INTERNATIONAL TRANSFERS

Internal Transfers
We will share your Personal Data within the Group. As Imperial Yachts’ head office is based in Monaco, it will be necessary to transfer Personal Data which was collected in the European Economic Area (EEA) outside of the EEA. We ensure your Personal Data is protected by requiring all of our Group companies, branches, offices and outstations to follow the same rules when processing your Personal Data. These rules are called “Binding Corporate Rules”. A copy of Imperial Yachts’ Binding Corporate Rules can be enquired by simple email request.

External Transfers
Many of our external third parties are based outside the EEA so their processing of your Personal Data will involve a transfer of data outside the EEA. Whenever we transfer your Personal Data to third parties which are based outside the EEA, we ensure a similar degree of protection is afforded to the data by ensuring at least one of the following safeguards is implemented:

• Certain non-EEA countries to which we will transfer your Personal Data have already been deemed by the European Commission to provide an adequate level of protection. For further details, see European Commission: Adequacy of the protection of Personal Data in non-EU countries.
• Where we use third party service providers based in the US, we may transfer data to them if they are covered by the EU-US Privacy Shield which requires them to provide similar protection to Personal Data shared between the Europe and the US. For further details, see European Commission: EU-US Privacy Shield.
• Where we use certain third party service providers which are not based in the EEA or the US, we may use specific contracts approved by the European Commission which give your Personal Data the same protection it has in Europe.

Please contact us if you want further information on the specific mechanism used by us when transferring your Personal Data out of the EEA.

10. DATA SECURITY
We have put in place appropriate security measures to prevent your Personal Data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your Personal Data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your Personal Data on our instructions and they are subject to a duty of confidentiality. We have put in place procedures to deal with any suspected Personal Data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

11. DATA RETENTION

How long we retain your Personal Data
We will only retain your Personal Data for as long as necessary to fulfil the purposes for which we collected it, 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 unauthorised 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. You can find out more details of retention periods for different aspects of your Personal Data by contacting us.
In some circumstances you can ask us to delete your Personal Data: see Request erasure in section 12 below for further information. In some circumstances we may anonymise your Personal Data (so that it can no longer be associated with you and you can no longer be identified by it) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

12. YOUR LEGAL RIGHTS
Under certain circumstances, you have the following rights under data protection laws in relation to your Personal Data:

• Request access to your Personal Data (commonly known as a “data subject access request”). This enables you to receive a copy of the Personal Data we hold about you and to check that we are lawfully processing it.
• Request correction of the Personal Data that we hold about you. This enables you to have any incomplete or inaccurate Personal Data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
• Request erasure of your Personal Data. This enables you to ask us to delete or remove Personal Data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your Personal Data where you have successfully exercised your right to object to processing (see below), where we may have processed your Personal Data unlawfully or where we are required to erase your Personal Data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
• Object to processing of your Personal Data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your Personal Data for direct marketing purposes (and you will always be able to opt-out via the “unsubscribe” link on an email from us). In some cases, we may demonstrate that we have compelling legitimate grounds to process your Personal Data which override your rights and freedoms.
• Request restriction of processing of your Personal Data. This enables you to ask us to suspend the processing of your Personal Data in the following situations: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it because you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
• Request the transfer of your Personal Data to you or to a third party. We will provide to you, or a third party you have chosen, your Personal Data in a structured, commonly used, machine-readable format. Note that this right only applies to information which was originally collected electronically and which you either consented to us using or was used to perform a contract with you.
• Withdraw consent at any time where we are relying on consent to process your Personal Data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain services to you. We will advise you if this is the case at the time you withdraw your consent.

If you wish to exercise any of the rights set out above, please contact us.