For the purpose of applicable data protection legislation (including but not limited to the General Data Protection Regulation (Regulation (EU) 2016/679), the “GDPR”), the details of the company responsible for your personal data is:
Sarl BGYB - Share Capital : 12,000€ - VAT number FR47388079972 – 1 Rue Barthez 34000 Montpellier, France
Company liable of publication: BGYB – firstname.lastname@example.org
Hosting company: ovh – 2 rue Kellermann 59100 Roubaix 1007
Data protection officer: Audrey LUCAS – email@example.com
The BGYB website is hosted by a provider based within European Union territory, in accordance with General Data Protection Regulation provisions (GDPR : n° 2016-679).
THE LEGAL BACKGROUND
The law on data protection sets out a number of different reasons for which a company may collect and process your personal data, including:
Consent: In specific situations, we collect and process your data with your consent. For example, when you transact business with us or ask to receive information about our services or any of the yachts on our website by completing a form. When collecting your personal data, we will always be clear which data is necessary in connection with a particular service.
Contractual obligations: In certain circumstances, we need your personal data to comply with our contractual obligations.
Legal compliance: If the law requires us to, we may need to collect and process your personal data.
Legitimate interest: In specific situations, we require your data to pursue our legitimate interests in a way which might reasonably be expected as part of running our business, for example to service existing business relationships and contracts, and which does not materially impact your rights, freedom or interests. In more unusual circumstances, we may use your personal data to help us to establish, exercise or defend legal claims.
We will also use your email address to send you direct marketing information, to inform you about our services and yacht-related updates that we think might interest you.
HOW DO WE COLLECT YOUR PERSONAL DATA?
When you ask BGYB to send you information about a yacht or service.
When you contact us by any means with queries, complaints etc.
When you book any kind of appointment or meeting with us.
When you engage with us on social media.
When you fill in any forms (to ask for specifications, information…)
When you have given a third-party permission to share with us the information they hold about you.
We collect data from publicly available sources where the information is made public as a matter of law.
WHAT SORT OF PERSONAL DATA DO WE COLLECT?
The types of personal information we collect about you depends on your relationship with us. They include:
Your personal contact details such as name, title, postal addresses, email addresses and telephone numbers.
Technical information, such as information from your visits to our website or relating to the updates, marketing materials and other communications we send to you electronically.
Any other personal information you provide to us during your relationship with us, such as dietary requirements, any physical disability and your views and comments (when you charter a yacht for instance)
Identification and background information we may collect about you as part of our business acceptance procedures and recruitment procedures.
Copies of documents you provide to prove your identity where the law requires this or where we require it when you transact with us. This may include a copy of your passport or equivalent ID document. This will include details of your full name, address, date of birth and facial image. If you provide a passport, the data will also include your place of birth, gender and nationality.
Details of your yachting preferences.
Financial information, such as your bank account details when necessary
The company you work for and your position.
Details of your visits to our website, and which site you came from to our website.
Your social media username(s), if you interact with us through those channels, to help us respond to your comments, questions or feedback.
HOW AND WHY DO WE USE YOUR PERSONAL DATA?
We want to give you the best possible client service and yachting experience. One way to achieve that is to ensure we have all the relevant information which may also include your personal data. The data privacy law allows this as part of our legitimate interest in understanding our clients so we provide the highest levels of service. Please be aware that if you choose not to share your personal data with us, we might not be able to provide some services that you may have asked for.
This is how we will collect your personal data and why:
In the course of our business acceptance procedures to manage, administer and improve our services to clients and to administer any service or support which you have requested, based on your consent given at the time of request.
To provide information requested by you. We may also keep a record of your requests to inform any future communication and to demonstrate how we communicated with you throughout. We do this on the basis of our contractual obligations to you, our legal obligations and our legitimate interests in providing you with the best service and understanding how we can improve our service based on your experience.
To protect our business and you from fraud and other illegal activities. This includes using your personal data to maintain, update and safeguard our dealings with you.
To process payments and to prevent fraudulent transactions. We do this on the basis of our legitimate business interests. This also helps to protect our clients from fraud.
If we discover any criminal activity or alleged criminal activity. We aim to protect the individuals we interact with from criminal activities.
With your consent, we will use your personal data to keep you informed by email about relevant services, personalised communications, events that you may be interested in, and so on. Of course, you are free to opt out of hearing from us at any time.
To send you communications required by law or which are necessary to inform you about the services we provide to you. For example, legally required information relating to any service we have agreed to provide.
To display the most interesting content to you on our website, we will use data we hold and will do so on the basis of your consent for our website to place cookies or similar technology on your device.
To develop, test and improve the systems and services we provide to you. We will do this on the basis of our legitimate business interests.
To comply with our contractual or legal obligations to share data with law enforcement.
Please note that this list is not exhaustive.
Cookies are text files which are stored on your computer or other device when you visit our website. They allow us to distinguish you from other users of our website. This helps us to provide you with a positive experience when you browse our website and to improve our website.
Our website uses session cookies and persistent cookies. Session cookies are stored temporarily on your device whilst you browse our website and are deleted from your device when you finish browsing. Persistent cookies are stored on your device after you have finished browsing our website so that we can remember your preferences when you visit our website in the future. Persistent cookies will automatically be deleted from your device after 30 days.
We use Google Analytics to provide us with information about how you use our website, which we use to help us to improve our website. If you wish to restrict, block or delete the cookies which are set by our website and third parties, you can do this using your browser settings. If you set your browser preferences to block all cookies, you may not be able to access all or parts of our website. If you delete cookies relating to our website, including your cookie preferences, you will be treated as a first-time visitor the next time you visit our website.
HOW WE PROTECT YOUR PERSONAL DATA
We have in place technical and organizational measures to protect the personal information we collect about you from unauthorised, improper or unlawful access, use, disclosure, alteration or destruction consistent with applicable data protection laws. We secure access to all transactional areas of our website using ‘https’ technology.
HOW LONG WILL WE KEEP YOUR PERSONAL DATA?
We keep your personal data for 36 months maximum after the last contact, this is the maximum we are authorised in accordance with the “GDPR” law. We will delete your personal data from our systems unless we need to retain some information to place you on a ‘do not contact’ list or where the law or other regulation requires us to preserve it (for example, because of our obligations to tax or regulatory authorities).
WHO DO WE SHARE YOUR PERSONAL DATA WITH?
We sometimes share your personal data with trusted third parties we work with:
IT companies who support our website, app and other business systems.
Operational companies such as delivery couriers.
Direct marketing companies who help us manage our electronic and printed communications with you.
Data insight companies to ensure your details are up to date and accurate.
We will only do share your date with third parties for their own purposes in very specific circumstances, for instance:
We may share information about fraudulent or potentially fraudulent activity in our premises or systems. This may include sharing data about individuals with law enforcement authorities.
We may also be required to disclose your personal data to the police or other enforcement, regulatory or Government, in your country of origin or elsewhere, upon a valid request to do so. These requests are assessed on a case-by-case basis and take the privacy of our clients into consideration.
WHERE YOUR PERSONAL DATA MAY BE PROCESSED
We may need to transfer your personal information to locations outside the jurisdiction in which you provide it, or from where you are viewing this website, in order to use it on the bases set out above. If you are an EU citizen or reside in the EU we will transfer your personal information outside the EU in accordance with EU data protection laws to ensure that it remains protected and secure.
If you reside in a jurisdiction outside the EU, you may also have rights under applicable laws in connection with your personal information that we collect, hold and process.
We may transfer personal data that we collect from you to third-party data processors in countries that are outside the EU such as the USA. For instance, this might be required in order to fulfil any service we have agreed to provide, to process any payment or other details you provide to us or to provide any other support or commercial services.
If we do this, we have procedures in place to ensure your data receives the same protection as if it were being processed inside the EU.
WHAT ARE YOUR RIGHTS OVER YOUR PERSONAL DATA?
If you are an EU citizen, you have the right to make a Data Subject Access Request (DSAR) and to request:
Access to the personal data we hold about you.
The correction of your personal data when incorrect, out of date or incomplete.
That we stop using your personal data for direct marketing.
That we stop any consent-based processing of your personal data after you withdraw that consent.
Right to erasure: In certain situations (for example, where we have processed your data unlawfully), you have the right to request us to "erase" your personal data. We will respond to your request within 30 days. If we choose not to action your request, we will explain to you the reasons for our refusal. Generally, we will only disagree with you if certain limited conditions apply.
If we do agree to your request, we will delete your data but will generally assume that you would prefer us to keep a note of your name on our register of individuals who would prefer not to be contacted.
HOW CAN YOU STOP THE USE OF YOUR PERSONAL DATA FOR DIRECT MARKETING?
There are several ways you can stop direct marketing communications from us:
Click the ‘unsubscribe’ link in any email communication that we send you.
Email the Data Protection Officer by sending an email to firstname.lastname@example.org
Or write to us at: BGYB, 1 Rue Barthez, 34000 Montpellier, France
Please note that you may continue to receive communications for a short period after changing your preferences while our systems are fully updated.
IF YOU LIVE OUTSIDE THE EU
By using our services or providing your personal data to us, you expressly consent to the processing of your personal data by us or on our behalf. Of course, you still have the right to ask us not to process your data in certain ways, and if you do so, we will respect your wishes.
Sometimes we will need to transfer your personal data between countries to enable us to supply services you have requested. In the ordinary course of business, we may transfer your personal data from your country of residence to ourselves and to third parties located in the EU or elsewhere.
By dealing with us, you are giving your consent to this overseas use, transfer and disclosure of your personal data outside your country of residence for our ordinary business purposes. This may occur because our information technology storage facilities and servers are located outside your country of residence and could include storage of your personal data on servers in the EU or elsewhere.
Any dispute arising or in connection with the use of the web site of BGYB, shall be submitted to the French Legal Authorities.
Please note that we will need to update this notice from time to time. Please check back to this page whenever you so wish as we will post any changes here.
Copyright © BGYB 2020