Privacy policy

Last reviewed on 3 May 2022

  1. Who are we?

IQNautics B.V. is a Dutch legal entity, duly formed and existing under the laws of the Netherlands, with its registered office and billing address located in Smedestraat 2, 6411, CR Heerlen (hereinafter referred to as the “Company” or “we“), and for the purposes of the data protection legislation, we are the “data controller” with respect to your personal data collected and processed via our platform found at the following address: www.charter.iqnautics.com (the “IQN Charter Platform“).

  1. Scope of the Privacy Policy

This Privacy Policy contains information about what happens to the personal data that we may collect and process during your interaction with the IQN Charter Platform. This Privacy Policy applies to all users navigating and using the IQN Charter Platform. This Privacy Policy should be read in conjunction with the Charter Terms and Conditions. The defined terms used throughout the Privacy Policy have the meaning attributed to them in the Charter Terms and Conditions.

  1. How do we obtain your personal data?

3.1 We obtain your personal data directly from you when you create a User account in accordance with the details and requirements of the Charter Terms and Conditions. 

3.2 Personal data referring to Charter Customers and Guest users can be provided to the Company via the IQN Charter Platform by Users having a Charter Master Admin, Base Admin or Associate User Account.

3.3 Our Company does not assume any responsibility regarding the legality of the use by Charter Master Admin, Base Admin or Associate User of the personal data of Charter Customers, Associate or Guest Users within the IQN Charter platform.

3.4 In any case, we will do our utmost to inform Charter Customers, Associate or Guest Users of the manner in which their personal data has been entered into the IQN Charter Platform, the purpose of the processing, the type of data processed by the Company, the legal basis and the data subject rights.

  1. Types of personal data collected, proposes and legal basis

4.1 The Company collects, stores and analyses the following personal data from and about you, depending on the type of User account you have created on the IQN Charter Platform:

Legal Basis

The type of User Account used by the data subject

Personal Data Processed

Purpose for Processing

Processing is necessary for the performance of the contract between the Company and the User or in order to take steps at the request of the User prior to entering into a contract.

Charter Master Admin, Base Admin, Associate

Name and surname, phone number, date of birth, email address, company details, photo (should the user choose to upload).

Administration and management of Users, providing the Services, complying with legal and other requirements, such as tax and ports and marinas’ regulatory rules, record-keeping and reporting obligations, conducting audits, maintaining the Company’s IT systems, safeguarding IT infrastructure, management of customer services, customer management (e.g. contract follow-up), Charter management & improvement.

In order for the Company to comply with its legal obligations.

Charter Master Admin, Base Admin, Associate

National register number / social security identification number

Complying with legal and other requirements, such as tax and ports and marinas’ regulatory rules, record-keeping and reporting obligations, conducting audits

Processing is necessary for the performance of the contract between the Company and the User or in order to take steps at the request of the User prior to entering into a contract.

Charter Customer

Name and surname, address, nationality, copy of ID, skipper ID, national register number / social security identification number.

Administration and management of Users, providing the Services, complying with legal and other requirements, such as tax and ports and marinas’ regulatory rules, record-keeping and reporting obligations, conducting audits, maintaining the Company’s IT systems, safeguarding IT infrastructure, management of customer services, customer management (e.g. contract follow-up), Charter management & improvement.

In order for the Company to comply with its legal obligations.

Charter Customer

Name and surname, address, nationality, copy of ID, skipper ID, national register number / social security identification number.

Complying with legal and other requirements, such as tax and ports and marinas’ regulatory rules, record-keeping and reporting obligations, conducting audits

Processing is necessary for the performance of the contract between the Company and the User or in order to take steps at the request of the User prior to entering into a contract.

Guest

Name and surname, telephone numbers, email address.

Administration and management of Users, providing the Services, maintaining the Company’s IT systems, safeguarding IT infrastructure, management of customer services, customer management (e.g. contract follow-up), Charter management & improvement.

Processing is necessary for the performance of the contract between the Company and the User or in order to take steps at the request of the User prior to entering into a contract.

All Users

Name, email, phone number

In order to provide the Users with Early Access to the IQN Charter Platform and Services.

Our legitimate interests such as improving the quality of our Services.

All Users

Name and surname, email address, telephone number, User’s feedback and comments send through the feedback tools available on the IQN Charter Platform.

To manage and process your feedback and implements changes to the Services, if the case may be.

 

4.2 You are not obliged to provide us with your personal data. Nevertheless, should you choose not to provide us with your personal data some of the IQN Charter Platform’s functionalities may be unavailable for your use, including the Early Access Request.

4.3 We do not process any special categories of personal data relating to you such as any personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person’s sex life or sexual orientation, as well as personal data relating to criminal convictions and offences. We insist that you do not to include such information in any correspondence with us and not to circulate such personal data on or through the IQN Charter Platform or otherwise.

4.4 You have the right to withdraw your consent at any time, without affecting the lawfulness of processing performed by the Company based on consent before its withdrawal.

  1. Who has access to your personal data?

5.1 For purposes in line with those indicated in Section 4 of this Privacy Policy, the Company may share your personal data with third parties service providers that we entrusted with processing activities and appointed as processors, located within the European Union: cloud service providers, payment services, companies that provide IT services, experts and consultants, and/or Company’s lawyers.

5.2 The personal data related to a Charter Customer User can be accessed by Charter Master Admin, Base Admin and Associate Users.

5.3. The list of the data processors appointed by the Company may be requested the by contacting us at [email protected].

  1. Transfers of personal data outside the EEA

We may share your personal data with certain service providers based in the US which act or process data on our behalf. We will share your personal data with such processors following the implementation of appropriate safeguards, and on condition that enforceable data subject rights and effective legal remedies for data subjects are available.

  1. Retention period

Your data will be retained only for the duration necessary to achieve the purposes for which the personal data was collected. In any case, the personal data collected for the purposes mentioned at Section 4 of this Privacy Policy is retained for the time necessary to provide you access to the IQN Charter Platform to which we have added the length of any applicable statute of limitation following the termination of your account on the IQN Charter Platform. In any event, we shall not keep your personal data for more than two (2) years since your termination of the account. At the end of the retention period your personal data will be deleted, anonymized or aggregated.

  1. What are your rights regarding your personal data?

You can lodge a complaint with the Dutch Data Protection Authority (Dutch DPA) which may be contacted at: Autoriteit Persoonsgegevens, Postbus 93374, 2509 AJ DEN HAAG, telephone number: (+31) – (0)70 – 888 85 00, Fax: (+31) – (0)70 – 888 85 01.

Access Right: You may ask the Company to: (i) confirm whether we collect or process your personal data; (ii) provide you with a copy of that personal data; (iii) give you with other information about your personal data such to the extent that information has not already been provided to you in this Privacy Policy.

Rectification Right: You may ask the Company to rectify your incorrect personal data. We may ask you to provide us with verification information to check the accuracy of the data before rectifying it. Considering the purposes of the processing, you have the right to have incomplete personal data completed, including by means of providing a supplementary statement.

Erasure Right: You may ask the Company to delete your personal data. This will happen: (i) it is no longer necessary for the purposes for which it was collected; or (ii) you have withdrawn your consent (if the data processing was relied on your consent); or (iii) following a successful right to object (see ‘Objection Right’ below); or (iv) it has been processed unlawfully; or (v) too comply with a legal obligation to which the Company is subject. However, please bear in mind that the Company is not required to comply with your request to delete your data if the processing of your personal data is required: (i) for compliance with a legal obligation; or (ii) for the establishment, exercise or defence of legal claims. There are certain other circumstances in which we are not required to comply with your erasure request, although these two are the most likely circumstances in which we would deny that request.

Right to restriction of processing: You may ask the Company to restrict (in other words to keep but not to use) your personal data, but only if: (i) the accuracy of the personal data is contested (see Rectification Right), to give us the opportunity us to check its accuracy; or (ii) the processing is illegal, but you do not want it deleted; or (iii) it is no longer needed for the purposes for which it was collected, however we still require such personal data to establish, exercise or defend legal claims; or (iv) you have exercised the objection right, and checking mandatory grounds is ongoing. The Company may continue to process your personal data even if a request for restriction was submitted, if: (i) we have your consent; or (ii) to establish, exercise or defend legal claims; or (iii) to protect the rights of another natural or legal person.

Portability Right: You may ask the Company to provide your personal data to you in a structured, commonly used, machine-readable format, or you may ask to have it ‘ported’ directly to another data controller, however in each case only if: (i) the processing is based on your consent or on the performance of a contract with you; and (ii) the processing is carried out by automated means.

Objection Right: You may object to any processing of your personal data which has our ‘legitimate interests’ as its legal basis, if you believe your fundamental rights and freedoms outweigh the Company’s legitimate interests.

  1. Exercising your rights

To exercise your rights you may contact us as set out in Section 10 however please note the following if you do wish to exercise these rights:

  1. We may need proof of your identity. We take the confidentiality of all records containing personal data seriously and reserve the right to ask you for proof of your identity if you make a request in respect of such records.
  2. We will charge no costs: We will not ask for a fee to exercise any of your rights in relation to your personal data, unless your request for access to information is unfounded, respective repetitive or excessive, in which case we will charge a reasonable amount in the circumstances. We will let you know of any charges before completing your request.
  3. We will respond within specific timeframes. We aim to respond to any valid requests within two (2) weeks unless your request is particularly complex, or you have made several requests, in which case we aim to respond within three (3) weeks.
  1. Updates to this Privacy Policy

The Company may amend or/and update this Privacy Policy taking into account the manner in which the General Data Protection Regulation shall be construed or any decisions, opinions and guidance relating to the General Data Protection Regulation issued by specialized authorities.

  1. Contact us

If you have a complaint or concerns about how we use your personal data, please contact us at [email protected] and we will attempt to resolve the issue as soon as possible.