PRIVACY POLICY

PRIVACY STATEMENT

Island Global Yachting LLC. and its subsidiaries (“IGY,” “we,” “us,” or “our”) have a strong commitment to providing excellent service to all of our customers and respects your concerns about privacy. For this reason, IGY has prepared this Privacy Statement to explain how we collect, use, and disclose information obtained through our website (the “Site”) and through your use of our various services.

If you’re visiting us from the European Union (EU), European Economic Area (EEA), or the United Kingdom (UK), we are compliant with the EU General Data Protection Regulation (the “GDPR”).

If you are visiting us from California, the USA, please note that you may have specific rights under the California Online Privacy Protection Act, the California Consumer Privacy Act of 2018, and certain other privacy and data protection laws.

Island Global Yachting LLC. is acting as a data controller in relation to the Personal Data collected from the Site and through the use of our services.

What Information We Collect

We collect “Personal Data.” “Personal Data” is information that allows us to identify you (such as your name, address, telephone number, and e-mail address). We may collect Personal Data in order to provide you with particular products, services or information at your request (“Services”). If you make a reservation at one of our marinas, we will collect the Personal Data of the vessel, captain and any associated agencies. We operate CCTV systems within the marinas, which collect footage of individuals and vehicles passing, including visual images, personal appearances and behaviour in order to maintain the security of the marina environment and the safety of its users, particularly within the vicinity of berths.

We may collect Personal Data that is linked to your computer or device (“Device Identifiable Information”). We collect Device Identifiable Information from you in the normal course of operating our Site. When you visit our Site, we may collect Personal Data that your browser sends, such as the Internet domain and Internet protocol (IP) address, browser type, operating system, date and time of page views, the particular web pages accessed, and, if you linked to our Site from another website, the address of that other website. We may also collect Personal Data through “cookies,” as explained below. As it relates to your mobile device, we may collect additional information such as the type and model, operating system (e.g. iOS or Android), carrier name, mobile browser (e.g. Chrome, Safari), applications using our Website, and identifiers assigned to your device, such as its iOS Identifier for Advertising (IDFA), Android Advertising ID (AAID), or unique device identifier (a number uniquely given to your device by your device manufacturer), sometimes referred to as a mobile carrier ID.

We utilize Google Analytics reports to collect certain Personal Data including geolocation information about new/returning visitors, a visitor’s country of origin, a visitor’s browser/operating system and operating device, the website from which a visitor linked to our Site, and information regarding where a visitor navigates on the Site. We also utilize Google AdWords reports to collect generalized information regarding gender, age, and household income. If you choose to access our Facebook page, we may have access to reports produced by Facebook that include generalized information regarding your gender, age, country of origin, and actions on the social media page. For more information, please review the privacy disclosures and terms of your Facebook account, which govern how that account information is collected and shared with us.

From time to time, we may also collect Personal Data through online customer survey to obtain your suggestions or comments about your use of the Site, IGY’s Services, or for other similar purposes. We may also ask you questions regarding your future travel destinations. It is your choice whether to complete such surveys or to provide us with any such information. If you choose to apply for employment online, you will be required to provide us certain Personal Data, such as your name, street address, telephone number, and e-mail address. Personal Data provided in this context will not be used for any other purpose.

We do not generally seek to collect sensitive personal information (e.g. social security or other governmental ID numbers, credit card details and account numbers, racial or ethnic origin, political opinions, religious or philosophical beliefs, trade-union membership; health or sex life, sexual orientation; genetic or biometric information) through our Site.

How We Use Information

The purposes for which we use Personal Data, and the legal bases for such processing, are as follows. We use your Personal Data to process your reservation requests, contact you when necessary regarding Services you have purchased, and provide you promotional materials or other information about our Services. At times, we may combine your Personal Data with readily available public information to better assist us in advertising and marketing. If you no longer wish to receive promotional e-mails from us, you may opt-out of receiving future promotional e-mails from us by clicking on an opt-out or “unsubscribe” link within the e-mail you receive. Please understand that if you opt-out of receiving promotional correspondence from us, we may still contact you in connection with your relationship, activities, transactions and communications with us as further described in this Privacy Statement. We may also use your Personal Data as is necessary to bill you for our Services, to collect payments, and/or to otherwise establish, defend, or enforce our legal rights. In some cases, we will use your Personal Data related to the performance of contracts to which you are a party.

We use your Device Identifiable Information to help us make our Site more useful to visitors, to learn about the number of visitors to our Site, and the types of technology our visitors use.

In all cases, we have a legitimate interest in using your Personal Data as is necessary to enable us to deliver our Services and to contact you, perform our contract with you or to comply with a legal obligation.

How We Share Information

We may share Personal Data with our affiliates and other third parties who require such information to assist us with professional, consulting, marketing, or communications services. We allow third parties access to such information to perform specific tasks at our instruction for us or on our behalf. Our third-party service providers and business partners are subject to security and confidentiality obligations and are only permitted to process your personal information for specified purposes and in accordance with our instructions.

The Personal Data you provide to us when making a reservation will be shared with the applicable marina for the purposes of determining whether it can accommodate your reservation request.

We may also disclose Personal Data as required by law or regulation, in response to a court order, subpoena, or request by law enforcement, in connection with a merger, acquisition, or other transaction involving IGY or its affiliates, or if we have a good faith belief that disclosure is necessary to protect our property, assert our legal rights, or protect the safety or rights of others.

International transfers

We may transfer to, and store the data we collect about you in, countries other than the country in which the data was originally collected, including other destinations outside the European Economic Area (“EEA”) and the United Kingdom. Those countries may not have the same data protection laws as the country in which you provided the data. When we transfer your data to other countries, we will protect the data as described in this Privacy Statement and comply with applicable legal requirements providing adequate protection for the transfer of data to countries outside the EEA and outside the United Kingdom.

If you are located in the EEA or the United Kingdom, we will only transfer your personal data if:

• the country to which the personal data will be transferred has been granted a European Commission adequacy decision; or
• we have put in place appropriate safeguards in respect of the transfer, for example we have entered into EU standard contractual clauses and required additional safeguards with the recipient, or the recipient is a party to binding corporate rules approved by an EU or UK supervisory authority.

Links to Third Party Websites

The Site contains links to third party websites. If you choose to click on those links, you will leave the Site. The privacy practices of third party websites are not covered by this Privacy Statement and IGY is not responsible for the privacy practices or content of other third party websites, including, without limitation, their use of cookies, spyware, or similar concerns.

Cookies

“Cookies” are used on the Site. Cookies are pieces of electronic information (specifically, a string of text) that your browser and your operating system store on your hard drive for record-keeping purposes. Cookies can store a user’s ID and password, personalize home pages, identify which parts of a website have been visited or keep track of previous selections or purchases. Cookies are used for the proper functioning of the Site, or to compile aggregated statistics that allow us to understand how visitors use the Site, and to help us improve the functionality and structure of the Site.

If you do not wish to receive cookies from the Site, you may set your Internet browser to reject the cookies, although doing so may affect your ability to perform certain transactions on the Site. You should consult the instructions for your particular Internet browser to determine how to delete cookies, whether your browser is able to turn off cookies, and the procedures for doing so.

In some cases, we have arrangements with third parties, such as authorized service providers, agents or representatives, to collect and store the foregoing information on our behalf, to provide services in connection with hosting or the operation of our Site, or to facilitate reporting of analytics (such as with Google Analytics).

Information Collected from Minors

The Site is directed to individuals over the age of 18. If you are under the age of 18, you should not provide us with Personal Data. We do not knowingly collect Personal Data from children under the age of 18. If we learn that Personal Data of persons under the age of 18 has been collected via the Site, we will take appropriate steps to delete such information.

Security

We have implemented technical and organizational measures in an effort to safeguard the Personal Data in our custody and control. Such measures are used to protect our own confidential information. If you submit information through this Site or by e-mail, such information is stored on a secure server that resides behind firewalls designed to block unauthorized access from third parties. Because laws applicable to Personal Data vary by country, our affiliates may have additional measures that vary depending on the applicable legal requirements.

Although we take reasonable precautions to protect your Personal Data, no data transmission over the Internet can be guaranteed to be 100% secure. Therefore, we cannot warrant that any information, during transmission or while stored on our systems, will be absolutely secure. Any transmission of data at or through our Site is at your own risk.

Retention

We will retain your Personal Data for as long as we have a business purpose to do so, or as otherwise required by law.

Changes to this Privacy Statement

We may make changes to this Privacy Statement from time to time and without prior notice to you. Any such changes will be promptly reflected on the Site. Please check this Privacy Statement regularly to ensure you are familiar with the most up-to-date version.

Your Rights Under this Privacy Statement;

• You may access your Personal Data that we hold and receive a copy of that Personal Data by contacting us at [email protected].
• If at any point you believe the Personal Data we have about you is incorrect, you may request to have it corrected.
• Under certain circumstances, you may also request that your Personal Data be deleted.
• You may also ask us to restrict or suspend the processing of your Personal Data in certain circumstances.
• Where you have given us consent to process your Personal Data, you may withdraw that consent at any time.
• You may also request that we transfer your Personal Data.

Data subject rights under European data protection legislation

If you are a “data subject” under the GDPR in the EU or United Kingdom, you will have the following rights in relation to personal data that we hold about you:

• Right to Access: to request confirmation of whether we process Personal Data relating to you, and if so, to request a copy of that Personal Data;
• Right to Rectification: to request that we rectify or update any Personal Data that is inaccurate, incomplete or outdated;
• Right to Erasure: to request that we erase your Personal Data in certain circumstances, such as where we collected Personal Data on the basis of your consent and you withdraw your consent;
• Right to Restriction of Processing: to request that we restrict the use of your Personal Data in certain circumstances, such as while we consider another request that you have submitted, for example a request that we update your Personal Data;
• Right to Withdraw Consent: where you have given us consent to process your Personal Data, to withdraw your consent; and
• Right to Data Portability: to request that we provide a copy of your Personal Data to you in a structured, commonly used and machine readable format in certain circumstances.

To exercise your rights as set out above or to make a complaint or submit an inquiry about our privacy practices, please contact us at the address set out in the contact section below.

Notice to California residents of certain rights under the CCPA

This section outlines specific rights granted under the CCPA to individual California residents and provides information regarding how such California residents can exercise their rights under the CCPA. This section is only relevant to you if you are a resident of California as determined in accordance with the CCPA. Information required to be disclosed to California residents under the CCPA regarding the collection of their Personal Data that is not set forth in this section is otherwise set forth in this Privacy Statement. For the avoidance of doubt, for purposes of this Privacy Statement, references to Personal Data in the above section Data subject rights under European data protection legislation are deemed to include references to “personal information” as defined under the CCPA.

• Deletion Rights: You have the right to request that we delete any of your Personal Data that we retain, subject to certain statutory exceptions, including, but not limited to, our compliance with U.S., state, local and non-U.S. laws, rules and regulations.
• Disclosure and Access Rights: You have the right to request that we disclose to you certain information regarding our collection and use of Personal Data specific to you over the last twelve (12) months. Such information include:
  • the categories of Personal Data we collected about you;
  • the categories of sources from which the Personal Data was collected;
  • our business or commercial purpose for collecting such Personal Data;
  • the categories of third parties with whom we share the Personal Data;
  • the specific pieces of Personal Data we collected about you; and
  • whether we disclosed your Personal Data to a third party, and, if yes, the categories of Personal Data that each recipient obtained.
• No Discrimination: We will not discriminate against you for exercising your rights under the CCPA, including by denying service, suggesting that you will receive, or charging, different rates for services or suggesting that you will receive, or providing, a different level or quality of service to you.
• How to Exercise Your Rights: To exercise any of your rights under the CCPA or to access this notice in an alternative format, please submit a request on your behalf using any of the methods set forth in the contact section below.

Contact Us

For any questions regarding our processing of your Personal Data, requests relating to the exercise of your rights, or if you have any other questions about this Privacy Statement, you may contact us at to [email protected] or write to us at Island Global Yachting LLC. 360 Hamilton Ave, Suite 1110 White Plains NY 10601, United States.

If you are not satisfied with our response or believe that our processing of your Personal Information is not in accordance with law, you may register a complaint with the relevant supervisory authority in your jurisdiction.