- WHO IS RESPONSIBLE FOR THE PERSONAL INFORMATION THAT WE COLLECT?
We are a controller for the purpose of data protection law, in respect of your personal information that is collected and processed by us through your use of our Website. We are also a controller in certain circumstances in respect of your personal information that is collected and processed by us in connection with your purchase and/or use of our Products or if you are our supplier or dealer (or an employee or contractor of such a supplier or dealer), or if you submit a speculative job application. When a particular dealer is contacting you for specific purpose as per the information and consent provided by you, Fairline shall not be considered Controller as per applicable Data Protection Legislation.
Our full details are:
Fairline Yachts Limited
Nene Valley Business Park
Data Privacy Manager
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.
- WHAT PERSONAL INFORMATION DO WE HOLD ABOUT YOU?
Information that you provide to us -
- your name and contact information (including email, telephone and postal address);
- your marketing preferences;
- your payment card number (credit or debit card), bank account number, or other financial account number and account details;
- identity verification information in connection with anti-money laundering requirements and customer due diligence (including where applicable a copy of your passport; utility bills; and/or identity card);
- data relating to your use of our Products (to the extent this constitutes personal information);
- account log-in information and password.
(B) The information may be provided:
- in the course of communications between you and us (including by phone, email or otherwise);
- as part of a supplier quotation or tender process;
- when you purchase or subscribe to our Products;
- in the course of our warranty and after-sales services;
- when you complete our forms (including forms on our Website such as the enquiry form on the ‘Contact Us’ section);
- when you attend our boat show stands;
- via our social media pages, other social media content, tools and applications
(C) Information we collect from you:
- With regard to each of your visits to our Website we may automatically collect the following information:
- technical information, including browser type and version, time zone setting, browser plug-in types and versions, operating system and platform; and
- information about your visit, including the website you originated from before landing on our Website and the website you went to from our site (including date and time); products you viewed or searched for; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page;
(D) Information we receive from other sources
- your name and contact information (including email, telephone and postal address) in connection with referrals or queries from Fairline dealers and distributors.
- Automated technologies or interactions. As you interact with our 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 our Cookies Policy banner for further details.
We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences
5. WHO MAY WE DISCLOSE YOUR PERSONAL INFORMATION TO?
(A) In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.(B) We may share your personal information with:
- our business partners, suppliers and sub-contractors for the performance of any contract we enter into with you. For example, we may engage third party service providers to fulfil orders, deliver packages, process returns, send postal mail and email, provide marketing assistance, process card payments, provide customer service and handle claims. The third parties who process card payments may also share your information with other organisations in connection with the processing of the payment, including (i) their agents, service providers and affiliates, (ii) organisations involved in the clearing and settlement of payments, law enforcement agencies and fraud detection/prevention organisations, (iii) our and your bank, and (iv) any other third party to meet any legal obligation or where the third party has a legal right to request the information;
- other companies in the Fairline Group
- our dealers, distributors. Where you have indicated that you would like to be contacted by one of our dealers, distributors of products or spare parts, we will pass on your personal information to the dealer, distributor or stockist for this purpose. We have no control over the use of your information by our dealers, distributors and if you have any concerns over how they have handled your personal information, please contact them directly;
- credit reference agencies (in relation to suppliers);
- other professional advisers (including accountants, lawyers and insurers) that assist us in carrying out our business activities;
- any other third parties if we are under a duty to disclose or share your personal information in order to comply with any legal obligation or instructions of a regulatory body (including in connection with a court order), or in order to enforce or apply the terms of any agreements we have with or otherwise concerning you (including agreements between you and us) or to protect our rights, property or safety of our customers, employees or other third parties.
(C). We may also disclose your personal information to other third parties, for example:
- in the event that we sell or buy any business or assets we will disclose your personal information to the prospective seller or buyer of such business or assets;
- if we or substantially all of our assets are acquired by a third party (or are subject to a reorganisation within our corporate group), personal information held by us will be one of the transferred assets; and
- if we are under a duty to disclose or share your personal information in order to comply with any legal obligation, or in order to enforce or apply the agreements concerning you (including agreements between you and us).
(D). Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. Your data is stored through Shopify’s data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall.
(E). If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted. All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.(F). For more information, you may also want to read Shopify’s Terms of Service (https://www.shopify.com/legal/terms ) or Privacy Statement (https://www.shopify.com/legal/privacy ).
(6) WHERE WILL WE TRANSFER YOUR PERSONAL INFORMATION?
- We will process your personal information both within and outside the United Kingdom (UK). This may include your personal information being transferred to other group companies in the USA. Where we transfer personal data outside of the UK, we will implement appropriate and suitable safeguards to ensure that such personal information will be protected as required by applicable data protection law.
- These measures generally include either:
- transferring personal information to countries that have been deemed to provide an adequate level of protection for personal information by the UK government under UK data protection laws; or
- transferring personal information where the recipient has agreed to an approved data transfer agreement under UK data protection laws.
- Please contact us on firstname.lastname@example.org if you want further information on the specific mechanism used by us when transferring your personal information out of the UK.
(7) HOW LONG WILL WE KEEP YOUR PERSONAL INFORMATION
- We will keep your personal information for no longer than is necessary for the purposes for which personal information are processed.
- If you purchase a Product from us we will generally keep your personal information for 6 years after the date of purchase. Where the Product purchased is a yacht, we will generally keep your personal information for 6 years from the end of the relevant warranty period.
- Please note that the above retention periods may be extended where we need to preserve and use personal information for the purposes of bringing or defending a legal claim. In such cases, we will continue to hold and process your personal information for as long as is necessary to deal with the legal proceedings.
(8) YOUR RIGHTS
- You have certain rights with respect to your personal information. The rights may only apply in certain circumstances and are subject to certain exemptions. Please see the table below for a summary of your rights.
- If you wish to exercise any of the rights below, please contact us by post at John Bowman-Yard Fairline Yachts Ltd Nene Valley Business Park, Oundle, Peterborough, Northamptonshire, PE8 4HN
- Summary of your rights:
Summary of your rights
Right of access to your personal information
You have the right to receive a copy of your personal information that we hold about you, subject to certain exemptions.
Any access request is free of charge. We may require further information in order to respond to your request (for instance, evidence of your identity and information to enable us to locate the specific personal information you require).
Right to rectify your personal information
You have the right to ask us to correct your personal information that we hold where it is incorrect or incomplete.
Right to erasure of your personal information
You have the right to ask that your personal information be deleted in certain circumstances. For example (i) where your personal information is no longer necessary in relation to the purposes for which they were collected or otherwise used; (ii) if you withdraw your consent and there is no other legal ground for which we rely on for the continued use of your personal information; (iii) if you object to the use of your personal information (as set out below); (iv) if we have used your personal information unlawfully; or (v) if your personal information needs to be erased to comply with a legal obligation.
Right to restrict the use of your personal information
You have the right to suspend our use of your personal information in certain circumstances. For example (i) where you think your personal information is inaccurate but only for as long as required for us to verify the accuracy of your personal information; (ii) the use of your personal information is unlawful and you oppose the erasure of your personal information and request that it is suspended instead; (iii) we no longer need your personal information, but your personal information is required by you for the establishment, exercise or defence of legal claims; or (iv) you have objected to the use of your personal information and we are verifying whether our grounds for the use of your personal information override your objection.
Right to data portability
You have the right to obtain your personal information that you provided to us in a structured, commonly used and machine-readable format and for it to be transferred to another organisation, where it is technically feasible. The right only applies where the use of the personal information that you provided is based on your consent or for the performance of a contract with you, and when the use of your personal information is carried out by automated (i.e. electronic) means.
Right to object to the use of your personal information
You have the right to object to the use of your personal information in certain circumstances. For example (i) where you have grounds relating to your particular situation and we use your personal information for our legitimate interests (or those of a third party) including for profiling; and (ii) if you object to the use of your personal information for direct marketing purposes, which includes profiling to the extent it relates to such direct marketing
Right to object to decision which is based solely on automated processing
You have the right in certain circumstances not to be subject to a decision which is based solely on automated processing without human intervention.
Right to withdraw consent
You have the right to withdraw your consent at any time where we rely on consent to use your personal information.
Right to complain to the relevant data protection authority
You have the right to complain to the relevant data protection authority, which is in the case of us, the Information Commissioner’s Office, where you think we have not used your personal information in accordance with data protection law.
(9) THIRD PARTY LINKS
Last updated in July 2022