Privacy Policy
This Privacy Policy is effective as of 19/01/2024.
CLICKANDBOAT and its affiliated companies (alternatively, "Clickandboat", "we", "us", or "our") respect your privacy and are committed to comply with this privacy policy ("Privacy Policy"), which describes the 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 at the following adresses [www.clickandboat.com](http://www.clickandboat.com/), [www.oceans-evasion.com](http://www.oceans-evasion.com/), [www.nautal.com](http://www.nautal.com/) and [www.scansail.com](http://www.scansail.com/) ("Websites"), and on mobile applications "Clickandboat - Yacht Charters" and "Nautal - Yacht Charters" ("Mobile Applications" and, collectively with "Websites", the "System").
It also covers the use of the personal data of visitors and users of our websites, visitors and users of our mobile applications, users of the System, as well as owners and service providers or goods suppliers. It also covers the use of personal data of all those who interact with us in any other way, through our relationship and loyalty programs, recruitment and human resources interactions, and including on social networks.
The Privacy Policy is an integral part of the contractual relationship that Clickandboat may have with its users, customers and partners.
In line with respecting the rights and freedoms of individuals, Clickandboat is committed to the protection of personal data.
I. PERSONAL DATA COLLECTED
Clickandboat 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 you provide directly and information we collect automatically when you access and use the System.
Information you provide us: You may provide us and our third-party service providers information about yourself, through the System, including your contact details, such as your name, e-mail address, phone number, postal address and similar contact information, as well as your usernames and passwords and any personal data you provide in your communications with Clickandboat (phone calls, free-text comment areas, emails).
Please note that the information you enter in the free comments zones must be objective, without ever being excessive or insulting, and must not contain any data considered sensitive (racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, data relating to health or sexual orientation, data relating to criminal convictions and offences or related security measures).
If you have any doubts, you can contact Clickandboat by e-mail: dataprivacy@clickandboat.com, to ensure that you are not infringing the rights of the company or its employees.
We may also collect your gender, date of birth, boating license and any other form of identification, such as your driver's license. Finally, we and our third-party service providers may collect transaction details, such as payment card, bank account information and billing address.
Automatically collected information: We and our third-party service providers may automatically collect information from you when you visit and use the System. It 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 times you visit the System, the page you view, referring/exit URLs, 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 find out more about these technologies, please consult our Cookie Policy.
Device information: We may collect information about the devices you use to access the System, including the make and model of your device, IP address, presumed geolocation information, operating system and unique device identifiers.
II. INFORMATION REGARDING THE PROCESSING OF PERSONAL DATA
Clickandboat carries out all of its personal data processing in compliance with the relevant rules, and in particular:
The General Data Protection Regulation No. 2016/679, which became effective on May 25, 2018 (hereinafter “GDPR”), and
The French Data Protection Act (“Loi Informatique et Libertés”) No. 78-17 of January 6, 1978, as amended.
In the context of the activity carried out through the System, Clickandboat acts as data controller in that the company determines the purposes and means of the Processing carried out in the context of the System, as described below in this Policy.
The processing of personal data carried out in the operation of the System adheres with the principles of fairness, lawfulness and transparency. Clickandboat therefore commits to provide clear, complete and easily accessible information on how such processing is carried out.
Clickandboat only collects your personal data when it is strictly necessary and legal. We undertake to collect only the minimum amount of personal information necessary for the purposes covered by this Privacy Policy.
If you wish to delete your account, you may be required to submit personal information, such as your e-mail address, user name and previous password, in order to verify your identity and your authority to manage the account.
Should we need to use your personal data for purposes not covered by this Privacy Policy, additional consent will be requested. Please note, however, that your consent will not be required if our processing of your personal data is justified by a legitimate reason, provided that such use does not adversely affect your own rights and interests.
You may refuse to provide us with your personal data. However, if the data is necessary to fulfill your request and you do not provide us this information, your request cannot be processed or its analysis may be delayed.
In the event that you provide us the personal data of a third party, you must first inform them of your intention to do so and ensure that you have their authorization and consent to do so.
The System is intended for a general audience of adults. The System is intended to exclude minors under the age of 16. We do not knowingly collect information about children, nor do we intend to deliberately sell products to them. In accordance with the Children's Online Privacy Protection Act (“COPPA”), we will not knowingly collect any information from children under the age of 16.
Clickandboat undertakes not to process sensitive personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, nor to process genetic data, biometric data for the purpose of uniquely identifying a natural person, or data concerning the health, sex life or sexual orientation of a natural person.
In the event that such information is communicated by one of the parties during exchanges with the customer/prospect or user of the System, it will not be recorded by Clickandboat in its database.
The scope of use and management of the System, as well as relationships with end-user customers, partner merchants and service or goods providers/suppliers, or with applicants, lead Clickandboat to carry out the processing of personal data detailed in the table below:
Purpose of Processing: Creation and management of user accounts on the Click&Boat platform (website and application)
Personal data transmitted to Click&Boat: Name, first name, postal address, email address, gender, date of birth, photograph, boating license, and potential details related to the user´s interest.
Legal basis for Processing: Consent
Purpose of Processing: Billing management for reservations and payments on the Clickandboat platform
Personal data transmitted to Click&Boat: Name, first name, customer account, email address, postal address
Legal basis for Processing: Service contract
Purpose of Processing: Management of customer reviews and comments
Personal data transmitted to Click&Boat: Name, first name, any data possibly provided by the customer in the free-text comment areas
Legal basis for Processing: Legitimate interest
Purpose of Processing: Customer relationship management (oral or written communications)
Personal data transmitted to Click&Boat: Name, first name, any data possibly provided by the customer in the free-text comment areas
Legal basis for Processing: Legitimate interest
Purpose of Processing: Creation and management of marketing campaigns (push notifications)
Personal data transmitted to Click&Boat: Name, first name, phone number, email addresses
Legal basis for Processing: Legitimate interest
Purpose of Processing: Creation and management of marketing campaigns (targeted advertisements)
Personal data transmitted to Click&Boat: User journey
Legal basis for Processing: Legitimate interest
Purpose of Processing: Creation and management of marketing campaigns (newsletters)
Personal data transmitted to Click&Boat: Name, first name, email address
Legal basis for Processing: Legitimate interest
Purpose of Processing: Dispute management
Personal data transmitted to Click&Boat: Name, first name, postal address, email address, phone number, date of birth, gender, boating license, customer invoice.
Legal basis for Processing: Legitimate interest
Purpose of Processing: Management of job applications
Personal data transmitted to Click&Boat: Name, first name, postal address, email address, phone number, photograph, CV, cover letter.
Legal basis for Processing: Consent
Purpose of Processing: Management of job applications
Personal data transmitted to Click&Boat: For individuals who are not French nationals: the visa allowing to work in France.
For candidates who have an interview: the possibility of recording phone interviews.
Legal basis for Processing: Legitimate interest
Clickandboat keeps your data for as long as we deem necessary for the purposes for which it was collected, or for a longer period to comply with legal and regulatory obligations.
III. HOW DO WE USE THE INFORMATION WE COLLECT?
Clickandboat and our third-party service providers collect and use Personal Information for the following purposes, which include but are not limited to:
Providing you with our products and services,
Operating and providing the System,
Improving our products and services, the System, user experience, and our business,
Security purposes, including monitoring, risk assessment, resolving System integrity and security issues, and preventing/detecting fraud and crime,
Sending information you request, including responding to inquiries or requests for information about or from Clickandboat,
Sending promotional or marketing materials about Clickandboat,
Other business purposes, including, but not limited to, verifying your identity, age, and/or payment information, investigating complaints about the System, research and analysis, marketing, advertising, customer preferences and purchasing trends, and dispute resolution,
In the event of a merger or similar consolidation of Clickandboat with or into another entity,
Complying with law enforcement, government agencies, or a government mandate,
Complying with or abide by Clickandboat's policies and all applicable legal requirements to the extent permitted by them, and
Engaging in other activities contemplated under this Privacy Policy or as determined by Clickandboat at its discretion.
IV. DATA RETENTION
Clickandboat stores your personal data in order to enable you to use the System on an ongoing basis, for as long as is necessary to achieve the purposes described above.
The data collected by Clickandboat is stored on servers provided by a service provider located in the European Economic Area, in Frankfurt, Germany. Clickandboat undertakes to take all necessary measures to ensure the security and confidentiality of the data you have provided.
You have the option to close your account at any time by sending a request to Clickandboat's support team at the email address: [dataprivacy@clickandboat.com](mailto:dataprivacy@clickandboat.com) or by visiting the "My Information" page in your account and clicking oh the "Delete My Account" button to perform this action.
Upon your request, Clickandboat will delete all of your personal data in your personal space, except for the data necessary to fulfill its contractual or legal obligations, including accounting data. The data will be deleted after the applicable statutory retention period.
V. COMMUNICATION AND RECIPIENTS OF YOUR DATA
Clickandboat undertakes to store all personal data collected via the System and only shares it in certain circumstances and in accordance with the provisions of the French Data Protection Act (“Loi Informatique et Libertés”) No. 78-17 of January 6, 1978, as amended by Law No. 2018-493 of June 20, 2018.
Clickandboat does not sell any of your personal data and only shares it as set out in this Privacy Policy or as required by law. We do not rent, distribute, or sell your personal information to third parties unless you have expressly authorized us to do so. We ensure that your data is accessible only to authorized internal or external recipients as described below.
Clickandboat may grant access to your personal data to service providers to perform services related to the System, including maintenance, analysis, marketing, communication, data processing, payment, email or postal mail distribution, promotion or contests management, and more. These service providers will only have access to your data to perform these services and will be bound by the same security and confidentiality obligations as Clickandboat, which will remain responsible for processing your data.
Clickandboat may share your personal data to prevent, detect, investigate, and take action against potentially prohibited and illegal activities, any situation threatening the safety or any other right or interest of users or individuals, any violations of its terms of service, if authorized or required by law, and if Clickandboat believes in good faith that it is necessary to share them. Clickandboat may also disclose your personal data to respond to any legal proceedings of any kind, court orders, legal proceedings, or law enforcement measures requested by the competent authorities.
Clickandboat may share your personal data for other purposes and may allow its partners to send you information when you use the System (and enable us to fulfill our contractual obligations to them) subject to your prior express consent.
We may share personal information with our affiliates or other third parties, such as trusted business partners and service providers, to help us provide the System, offer our services, provide advertising or marketing, process payments, conduct statistical analysis, send correspondence, provide customer support, protect against potential fraud, or investigate fraudulent or illegal activity, or perform any other function consistent with the operation of the System and our services.
We may also share Personal Information with professional advisors, such as lawyers, auditors, bankers, and insurers, as part of the professional services they provide to us. These third parties have agreed to comply with appropriate data protection and confidentiality provisions.
For strategic or other professional reasons, Clickandboat may decide to sell or transfer all or part of its business. In such a sale or transfer, we may transfer the information we have collected and stored (including personal data) to any person or entity involved in the operation in question. In the event of a merger, acquisition, sale, or transfer of all or part of our business, your data may be disclosed to the persons or entities involved.
VI. STORAGE OF YOUR PERSONAL DATA
Clickandboat may store your personal data (and thus transmit it to data processors) for the following purposes:
System hosting management
IT resource management and System maintenance
In this context, Clickandboat undertakes to verify their compliance with personal data protection rules and to the implementation of a dedicated contractual framework as required by the above-mentioned rules.
Clickandboat may also submit certain information to authorized internal (employees, management, and authorized agents of the company) and external individuals and entities, particularly to those authorized under legal, administrative, or judicial prerogatives.
Outside of these scenarios, Clickandboat does not transfer your personal data to third parties without obtaining your prior consent.
VII. TRANSFER OF PERSONAL DATA OUTSIDE THE EUROPEAN UNION
Transfers of personal data outside of the European Union
Clickandboat may be required to transfer personal data outside of the European Union.
In the event of transferring personal data outside of the European Union, Clickandboat will apply the necessary and appropriate regulatory framework for the situation of the said transfer, ensuring either:
Transmission of your personal data to a country with an adequate level of data protection, or,
The signature of standard contractual clauses (SCCs) proposed by the European Commission, or,
Any other guarantee deemed appropriate within the meaning of Article 46 of the GDPR.
Transfers of personal data to the United States
Following the European Commission's Adequacy Decision dated July 10, 2023, which found that the United States provides a level of data protection substantially equivalent to that of the EU, organizations subject to the GDPR are now allowed to transfer personal data to certified organizations.
In this context, it is not mandatory for these organizations to implement a transfer tool in accordance with Article 46 of the GDPR, nor to rely on a derogation under Article 49 of the GDPR.
Clickandboat may transfer your personal data to certified organizations that have publicly committed to complying with data protection standards, as listed on the U.S. Department of Commerce website, available at this link: https://www.dataprivacyframework.gov/s/participant-search.
For any other transfer to the United States, Clickandboat will frame it through the classical mechanisms mentioned above.
VIII. SECURITY OF YOUR PERSONAL DATA
Clickandboat undertakes, through an obligation of means, to implement all necessary actions to ensure the security of your personal data.
In this regard, Clickandboat's commitments focus on the application of all technical and organizational measures as defined in Article 32 of the GDPR, which will ensure the confidentiality, integrity, and availability of personal data, as well as an adequate level of protection of this data.
Clickandboat and its employees have been trained and educated about the protection of personal data, including the consideration and application of these measures.
IX. AUTOMATED DECISION MAKING
We do not engage in automated decision making as part of our services.
X. EXERCISING YOUR RIGHTS
In accordance with the French Data Protection Act (“Loi Informatique et Libertés”) No. 78-17 of January 6, 1978, as amended by Law No. 2018-493 of June 20, 2018, you have the option to request the exercise of your individual rights at any time, including the right to request:
Access to your personal data in a clear and understandable format, so you can know the information processed by Clickandboat about you,
The rectification resulting in the modification of any incomplete or incorrectly processed personal data by Clickandboat,
The erasure of your personal data under pre-established conditions by applicable regulations,
The restriction of the processing of personal data under pre-established conditions by applicable regulations,
The objection to the processing of your personal data by putting forward the legitimate reasons for which this must be satisfied,
The portability of personal data in a clear and machine-readable format, with the possibility to transmit this data to another organization,
The determination of the fate of your personal data in the event of your death, along with the transmission of specific directives to Clickandboat.
You are informed that the exercise of the rights of opposition, erasure, and data portability, as well as the right to restrict processing, is subject to conditions and may be denied by Clickandboat if the requests to exercise these rights do not correspond to the situations provided for in the regulations regarding personal data.
Please note that if you object to receiving commercial prospecting, we will continue to send you communications related to the operations in which you have registered (games, contests, studies, analyses, etc.).
Requests are to be made to Clickandboat:
By email to: [dataprivacy@clickandboat.com](mailto:dataprivacy@clickandboat.com), or
By mail to the following address: CLICKANDBOAT - Service Juridique - Protection des Données, Péniche West River En face du, 10 Quai du 4 Septembre, 92100 Boulogne-Billancourt.
After ensuring that you are indeed the data subject of the requested data or their duly authorized representative (identity verification), Clickandboat will endeavor to respond to your request as soon as possible.
Clickandboat commits to process any requests regarding the exercise of your individual rights within thirty (30) days of receipt; this period may be extended by an additional sixty (60) days in case of complexity in investigating the request. In such cases, Clickandboat will keep you informed and follow up on these requests.
Users of Clickandboat Websites also have the option to file a complaint with the French supervisory authority, the Commission Nationale de l'Informatique et des Libertés (CNIL) online on the CNIL website, in the dedicated complaints section.
XI. LINKED WEBSITES
For your convenience, some hyperlinks may be published on the System and refer to other websites that are not under our control. We are not responsible for, and this Privacy Policy does not apply to, the privacy practices of such websites or pages which are not under our control or of any company which we do not own or control. We do not endorse any of such websites or pages, any services or products described or offered on such websites or pages, or any content on such websites or pages.
XII. CHANGES TO OUR PRIVACY POLICY
We may modify this Privacy Policy at any time. The most recent version of the Privacy Policy is indicated by the effective date at the top of this Privacy Policy. All amendments to this Privacy Policy will become effective immediately upon notification, which we may provide by any means, including by posting a revised version of the Privacy Policy or other notification on the System.
XIII. CORRESPONDENCE
We appreciate your questions and comments about the System, and we invite you to send us your messages at [dataprivacy@clickandboat.com](mailto:dataprivacy@clickandboat.com) or through our "Help Center" or "Contact Us" page. If you correspond with Clickandboat, we may collect information, including the content and metadata regarding any correspondence you may provide us. We may share your messages with the individuals in our organization who are most capable of addressing the issues held in your message.