Click&Boat App

Privacy Policy

This Privacy Policy is effective as of 01/06/2022
CLICKANDBOAT USA LLC and its affiliates (alternately, “Click&Boat”, “we”, “us”, or “our”) respects your privacy and is committed to complying with this privacy policy (“Privacy Policy”), which describes what information we collect about you, including how we collect it, how we use it, and with whom we may share it. This Privacy Policy applies to information collected on our websites located at www.clickandboat.com(the “Website”), and the “Click&Boat – Yacht Charters” mobile application (the “Mobile Application” and, collectively with the “Website,” the “System”).

Changes to our Privacy Policy
We may change this Privacy Policy at any time. The most recent version of the Privacy Policy is reflected by the effective date at the top of this Privacy Policy. All amendments to this Privacy Policy will be effective immediately upon notice thereof, which we may give by any means, including by posting a revised version of the Privacy Policy or other notice on the System.

What Information Do We Collect?
Click&Boat collects certain information from or about you that can be used to identify you (“Personal Information”). We collect Personal Information from a variety of sources, including information that you provide directly and information that we automatically collect when you access and use the System.
Information You Provide Us. You may provide information about yourself to us and our third party service providers through the System, including contact information, such as your name, email, phone number, address, and similar contact information, and usernames and passwords. We may also collect your gender, date of birth, boating licence and other form of identification, such as driver’s licence. Finally, we and our third-party service providers may collect transaction details, such as payment card, bank account information, and billing address.
Information Collected Automatically. We and our third-party service providers may collect information automatically from you when you visit and use the System. Such information includes the following:
Usage Information. We may collect information about how you interact with the System. This may include information such as the dates and time you visit the System, the page you view, referring / exit URLS, your browser type, and the domain name of your internet service provider. In some cases, we may collect this information through cookies and similar technologies. To learn more about these technologies, please see the “Cookies and Usage Reports” section below.
Device Information. We may collect information about the devices you use to access the System, including your device make and model, IP address, inferred geolocation information, operating system, and unique device identifiers.

Cookies and Usage Reports
By placing a small file known as a cookie on your computer or other device, Click&Boat and its third party service providers’ servers may passively gather information about our visitors’ use of the System for reasons that include: statistics collection and analysis, System optimisation, analytics, maintenance of user login information, security (such as authentication), and to personalise your experience while visiting the System. You have control over some of the information we collect from cookies and how we use it. For full details on how we use cookies and similar technologies, please see our Cookies Policy.
Our Mobile Application uses the app performance and analysis technology “Adjust” a service provided by Adjust GmbH (“Adjust”). Adjust may collect and use your mobile identifier, event data from your installation, opening, and use of the Mobile Application, information regarding your interactions within the Mobile Application (such as in-app purchases and registration), and your IP and MAC address. Adjust’s services help us to understand how you use the Mobile Application, how to improve the Mobile Application, and assess performance of marketing and advertising. You may opt-out of tracking by contacting Adjust here. For more information about Adjust’s services and privacy practices, please visit: https://www.adjust.com/privacy-policy/.

Google Analytics
We use Google Analytics, a web analysis service provided by Google, in order to better understand your use of the System and how we can improve it. Google Analytics collects information such as how often users visit a website, what pages you visit when you do so, and what other websites you used prior to coming to such website. Google Analytics collects only the IP address assigned to you on the date you visit a website, rather than your name or other directly identifying information. We do not combine the information collected through the use of Google Analytics with your Personal Information. Although Google Analytics plants a persistent cookie on your web browser to identify you as a unique user the next time you visit a website, the cookie cannot be used by anyone but Google. Google Analytics uses its cookie(s) and the information Google Analytics collects to track your online activities over time and across different websites when you use our System, and other websites. Google’s ability to use and share information collected by Google Analytics about your visits to the System is governed by the Google Analytics Terms of Service and the Google Privacy Policy. Google utilises the data collected to track and examine the use of the System, to prepare reports on its activities, and share them with other Google services. To more fully understand how Google may use the data it collects on the Website, please review “How Google Uses Information From Sites or Apps That Use Our Services” (located here).

Session-Replay Tools
We use third party services provided by Contentsquare that employ software code to record users’ interactions with the System in a manner that allows us to watch DVR-like replays of those user sessions. The replays include users’ clicks, mouse movements, scrolls, and keystrokes/key touches during those sessions. These replays help us diagnose usability problems with the System and identify areas for improvement of the System. You may opt-out of session recording by contacting Contentsquare here. For more information about Contentsquare’s services and privacy practices, please visit the Contentsquare Privacy Centre.

Correspondence
We appreciate your questions and comments about the System and welcome your messages at dataprivacy@clickandboat.com or through our “Help Centre” or “Contact Us” page. If you correspond with Click&Boat, we may collect information including the content of, and metadata regarding, any correspondence you may provide us. We may share your messages with those within our organisation who are most capable of addressing the issues contained in your message.

Online Account Management
If you elect to subscribe to certain services available on the System, including the ability to access any password-protected areas of the System through your account, you may be required to submit Personal Information, such as your email address, username, and previous password, for the purpose of verifying your identity and your authority to manage the account.

How Do We Use The Information That We Collect?
Click&Boat and our third party service providers collect and use Personal Information for the following purposes that include, but are not limited to:
1. providing our products and services to you;
2. operating and providing the System;
3. improving our products and services, the System, user experience, and our business;
4. security purposes, including monitoring, risk assessment, addressing System integrity and security issues and fraud and crime prevention/detention;
5. sending information that you request from us, including responding to enquiries or requests to obtain information about or from Click&Boat;
6. sending promotional or marketing materials regarding Click&Boat;
7. other business purposes, including, without limitation, verifying your identity, age, and/or payment details, investigating complaints about the System, research and analysis, marketing, advertising, customer purchasing preferences and trends and dispute resolution;
8. in connection with a merger or similar consolidation of Click&Boat into or with another entity;
9. complying with law enforcement, government agencies, or a governmental mandate;
10. complying with or as permitted by any Click&Boat policies and any applicable legal requirements; and
11. engaging in other activities discussed under this Privacy Policy or by Click&Boat at its discretion.

With Whom Do We Share Information That We Collect?
In addition to the uses mentioned or described within this Privacy Policy, we may add the Personal Information described within this Privacy Policy to our database. We may share Personal Information with our subsidiaries or other third parties, such as trusted business partners and service providers, to help provide the System, deliver our services, provide advertising or marketing, process payments, perform statistical analysis, send you correspondence, provide customer support, protect against potential fraud or investigate fraudulent or illegal activity, or perform any other functions consistent with the operation of the System and our services. We may also share Personal Information with professional advisers, such as lawyers, auditors, bankers, and insurers in the course of the professional services they render to us. These third parties have agreed to adhere to appropriate data protection and confidentiality provisions.
The data collected on the System may be transferred to Criteo and its demand partners for interest-based advertising. You can find Criteo’s privacy policy through this link.
We may also disclose Personal Information if we become subject to a subpoena or court order, or if we are otherwise legally required to disclose information. We may also use and disclose Personal Information to establish or exercise our legal rights, to assert and defend against legal claims, or if we believe such disclosure is necessary to investigate, prevent, or take other action regarding actual or suspected illegal or fraudulent activities or potential threats to the physical safety or well-being of any person.
In the event we merge with, are acquired by or otherwise combine with another legal entity, the Personal Information we collect may be transferred to such entity. If any bankruptcy, liquidation or reorganisation proceeding is brought by or against us, your information may be considered an asset that may be transferred to third parties.

How Long Do We Keep Your Information?
Click&Boat will only keep your Personal Information for so long as it is necessary for the purposes set out in this Privacy Policy, unless a longer retention period is permitted or required by law (such as tax, accounting, or other legal requirements). You also have the option to delete your account on the Mobile Application. If you delete your account, your Personal Information will be promptly deleted to the extent possible. However, Click&Boat may need to keep certain documentation, such as insurance or payment-related documentation, that may contain your Personal Information for a time period sufficient to comply with applicable law.

How Do We Protect Information Collected About You?
Click&Boat takes commercially reasonable measures to secure and protect information on the System. We restrict access to Personal Information to Click&Boat employees, contractors, and agents who need to know that information in order to process it for us, and who are subject to appropriate confidentiality obligations. Nevertheless, no security system is impenetrable.

Linked Websites
For your convenience, some hyperlinks may be posted on the System that link to other websites not under our control. We are not responsible for, and this Privacy Policy does not apply to, the privacy practices of those websites or pages not under our control or of any companies that we do not own or control. We do not endorse any of those websites or pages, the services or products described or offered on such sites or pages, or any of the content contained on those sites or pages. Social Media Platforms
Any information, communications, or material that you submit to any pages associated with Click&Boat on social media platforms are subject to the terms of use and privacy policy of such social media platform. We encourage you to review the terms of use and privacy policy described on any such social media platforms.

Children
The System is intended for a general audience and is not intended for use by children under 13 years of age. We do not knowingly collect information about children or sell products to children. Consistent with the Children’s Online Privacy Protection Act, we will not knowingly collect any information from children under the age of 13.

Visiting The System From Outside The United States
If you are visiting the System, or any part thereof, from outside of the United States, your information may be transferred to, stored and processed in the United States. The data protection and other laws of the United States may not be as comprehensive as those in your country. By using any portion of the System, you consent to the transfer of your Personal Information to our servers and databases in the United States and those third parties with whom we share such information as described in this Privacy Policy.

Do Not Track Requests
Certain state laws require that we indicate whether we honour “Do Not Track” settings in your browser concerning targeted advertising. We adhere to the standards set out in this Privacy Policy and do not monitor or follow any Do Not Track browser requests.

Other Data Protection Rights
Subject to applicable law, you may have certain rights regarding your Personal Information, including the right to access, update, correct inaccuracies in, delete, or revoke consent to our use of your Personal Information. Please send such requests to dataprivacy@clickandboat.com. We may request certain information to verify the identity of the individual making such a request.

Whom Can You Contact For More Information?
If you have any questions, please contact us at dataprivacy@clickandboat.com.
Residents of the European Economic Area (“EEA”) and the United Kingdom
This portion of our Privacy Policy applies to our customers who reside in the EEA and the United Kingdom (“UK”) only and applies to the extent of any inconsistency with the information above. All terms not otherwise defined in this portion shall have the meanings as defined under the General Data Protection Regulation, the Data Protection Act 2018, or the UK General Data Protection Regulation, as applicable.

Contact Details and Data Protection Officer

Click&Boat’s controller in the EEA is: CLICK AND BOAT SAS (company no. 801157256), Peniche West River, 10, 92100 Boulogne-Billancourt, France.

You may contact Click&Boat’s Data Protection Officer at dataprivacy@clickandboat.com.

Legal Basis for Processing Personal Data

Click&Boat’s legal basis for processing personal data will depend on the personal data collected and the specific context in which we collect it. We process personal data from you when:
• We have your consent to do so;
• We have a contract with you and it is necessary to process your personal data to perform our contract with you, including to operate our business, provide our products and services, and provide you with the benefits of the System;
• The processing is in our legitimate business interests, such as operating our business, providing our products and services, improving and developing the System, communicating with you, marketing and advertising our products and services, to identify and protect against fraud, protect you, us, or others from security threats by enhancing the security of our network and information systems, and complying with applicable laws and industry regulations; and
• To comply with legal requirements, including applicable laws and regulations.

International Data Transfers

If personal data is transferred outside of the EEA or the UK, we take commercially reasonable efforts to protect such personal data, such as by entering into certain Standard Contractual Clauses as approved by the European Commission or the International Data Transfer Agreement or the International Data Transfer Addendum to the Standard Contractual Clauses, as approved by the United Kingdom’s Information Commissioner’s Office.

Automated Decision-Making

We do not engage in any automated decision-making as a part of our services.

Exercising Your Rights

Right to Access, Rectify, or Erasure. You may request to access, to rectify inaccurate personal data concerning you, or to delete your personal data. Please note that even if you request for your personal data to be deleted, certain aspects may be retained by us to meet our legal or regulatory compliance, exercise, establish or defend claims, and to protect against fraudulent or abusive activity on our System.

Right to Object to Processing. In certain circumstances, you have the right to object to our use of your personal data, such as if we are using your personal data for direct marketing; for our or a third party’s legitimate interests or the public’s interest; or for scientific or historical research and statistics.

Right to Restrict Processing. Under some circumstances, you may request that we limit how we use your data or “Restrict Processing.” Simply a difference of opinion or view does not necessarily justify a restriction.

Right to Data Portability. At your request, you may request portability of your personal data. We are happy to provide your personal data to you in a machine-readable or “portable” format.

Right to Withdraw Consent. If we have collected and processed your personal data with your consent, you are free to withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of processing we conducted prior to such withdrawal, nor will it affect processing of your personal data conducted in reliance on a legal basis other than consent.

Right to File a Complaint. If you have a complaint about how Click&Boat uses your personal data, we hope that you will contact us according to the contact information below and we will promptly address your concern. However, you can always file a complaint with the supervisory authority in your jurisdiction. For more information, please contact your local data protection authority (contact details for data protection authorities in the EEA are available at https://edpb.europa.eu/about-edpb/board/members_en. Contact details for the data protection authority in the UK are available at https://ico.org.uk/.

Contact Information. Please direct any rights requests (as described above) or additional questions that you may have regarding this Privacy Policy to dataprivacy@clickandboat.com.
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