There are two types of information that we obtain from you online, and then store and use:
- non-personal information that's collected automatically; and
- personal information that you voluntarily provide to us.
We do not collect any personal information from you when you visit our site unless you expressly and voluntarily participate in an activity that asks for it and you voluntarily provide it. To put it another way, FOR US TO HAVE ACCESS TO YOUR PERSONAL INFORMATION, YOU HAVE TO HAVE MADE A CHOICE TO KNOWINGLY GIVE IT TO US.
Uses of Information
We use voluntarily provided personal information to communicate directly with you including via email, postal mail, text and phone. We do not sell or rent your personal information to third party data vendors or marketing companies. As you might expect, we also disclose your information when required by law.
We use non-personal information to administer our site, make it better, and to make business decisions about what programs our customers might like.
Your Privacy Choices
You do not have to provide personal information to enjoy most of the features of our site. You also can opt out of certain activities like newsletters and announcements by sending us an opt-out email.
Notice of Privacy Rights
Certain of our activities in California, the EU, UK, Switzerland, Iceland, Liechtenstein, and Norway implicate obligations under certain data protection laws such as the California Consumer Privacy Act and General Data Protection Regulation. We comply with our duties thereunder by providing certain notices and ensuring the use of appropriate safeguards for the processing of personal information governed by such data protection laws.
- the types of information we collect and how we collect it;
- the ways in which we use, share, and protect that information;
- the choices you have in controlling the collection of your information; and
- your ability to access and update your information.
By using our sites or other online resources, you are signifying to us that you agree with this policy. Although the site and resources may contain links to other websites controlled by third parties, you should be aware that we are not responsible for the privacy practices of those, or any other, sites. If you have questions about how those websites collect and use data, you should carefully read those sites' privacy policies.
Some Important Vocabulary
Whenever we reference "this site", "our site", or "the site", we mean the Fleming Yachts web site found at www.flemingyachts.com and such others as we may make available from time to time. When we talk about "authorized features and apps", we're referring both to elements of our social media presence viewable from Facebook, Twitter, YouTube, Google+, LinkedIn or any of the many other available external third party social media platforms, as well as mobile or other apps we've created and distributed to let our customers and followers view our site or otherwise interact with our content. Last, but definitely not least, when we refer to "personal information", we mean information that can be used to identify you or that can be easily linked to you. Thus, a fairly comprehensive list of personal information would include such things as your name, address, telephone number, fax number, email address, social security number and date of birth.
Please be a Grown Up: User Age Requirements and Children's Privacy
Federal law imposes special restrictions and obligations on commercial website operators who direct their operations toward, and collect and use information from children under the age of 13. We take those age-related requirements very seriously, and consistent with it do not intend for this site or any of our authorized features or apps to be used by children under the age of 18, and certainly not by anyone under the age of 13. Moreover, we do not knowingly collect personal information from minors under the age of 18. If we become aware that anyone under the age of 18 has submitted personal information to our site, we will delete that information and will not use it for any purpose whatsoever. We encourage parents and legal guardians to talk with their children about the potential risks of providing personal information over the Internet.
Cookies and Automatically Collected Information
When you visit our site, basic information is passively collected through your web browser via use of tracking technologies, such as a "cookie" which is a small text file that is downloaded onto your computer or mobile device when you access the site. It allows us to recognize your computer or mobile device and store some information about your preferences or past actions. If you do not allow cookies to be set on your computer, you may be unable to access certain parts of our site or certain parts of our site may have reduced functionality. Additional information about cookies and tracking technologies is available here.
The information we collect through cookies and other means includes things like:
- the type of browser and operating system you use
- the date and time and length of your visit
- the specific pages visited, graphics viewed and any documents downloaded
- the specific links to other sites you accessed from our site
- the specific links from other sites you used to access our site
- which ads you may have seen and how many times you may have seen them
If you access our site from a phone or other mobile device, the mobile services provider may transmit to us uniquely identifiable mobile device information which allows us to then collect mobile phone numbers and associate them with the mobile device identification information. Some mobile phone service providers also operate systems that pinpoint the physical location of devices and we may receive this information as well.
We use both automatically collected information and mobile device information only to compile generic reports about popular pages on our site, and to see how our customers and followers are accessing our site. We then use that data to administer the site, make your activities more convenient and efficient and to enhance the functionality of our site, such as by remembering certain of your information thereby saving you time.
Do Not Track Disclosure
Some browsers have a "do not track" ("DNT") feature that lets you tell websites that you do not want to have your online activities tracked. At this time, we do not specifically respond to browser DNT signals.
Now its Personal: Voluntarily Submitted Information
If you participate in certain activities on our site, you may need to provide us with information about yourself. For example, if you choose to send us an email or fill out an online form, you are voluntarily providing personal information to us. In doing so, you are giving us your consent to collect, use and disclose that information for the purpose it is requested and for other reasonable internal business purposes. We do not sell, rent, or trade voluntarily submitted personal information with third parties.
If you don't want us to collect this type of personal information, don't provide it! This means you shouldn't participate in the activities on our sites that request or require it. Participation is strictly your choice. Not participating may limit your ability to take full advantage of the site, but it will not affect your ability to access certain information available on the site to the general public.
Here are some of the ways we collect and use your personal information:
- To Administer Your Inquiries - If you would like to make an inquiry through our site, we will request certain personal information including your name, address, telephone number, and email address. The personal information that you provide to us for making an inquiry is made available to us for the purpose of answering your inquiry and for us to follow up with you on our services. Instead of inquiring via the Contact Us section on our site, you may also get in touch with us by contacting your local Fleming Yachts retailer by phone or email.
- To Provide you with Services - In general, we collect your personal information in order for us to provide you with our services. In addition to personal information collected via our site, we may also collect your personal information from correspondence, boat shows and registration and ownership forms.
- Safety Recall and Repairs - In order to assure that our yachts constantly meet the required health and safety requirements, we will store your personal information in order for us to be able to repair your yacht(s) and/or to assist with the repair of our yachts including by way of a service recall or the issuance of service bulletins.
- To Conduct Direct Marketing - With your explicit consent, we may send you information about Fleming Yachts, including but not limited to our newsletters and special offers on yachts by regular mail or email. It is however our intention to only send you mail and email communications that you may want to receive. If you do not opt-in or do not opt-out from receiving promotional material, we will periodically contact you via email and provide information about special offers and promotions that may be of interest to you. We typically use third party email service providers to send emails. These service providers are contractually prohibited from using your email address for any purpose other than to send emails related to our group operations. Your personal information will not be shared with third parties for their own marketing purposes.
- To Customize Marketing Materials - In connection with our marketing activities, we analyze information that we collect to determine what offers are most likely to be of interest to different categories of customers in different circumstances and at different times. From time to time, we will assess the personal information that we hold about you in order to tailor marketing communications to include offers and content that are relevant to you. We may also use this method to avoid sending you offers that are inappropriate or unlikely to be of interest to you. You have the right to opt-out of such analysis of personal information at any time.
- To Improve our Services and Products - We may use your personal information to assist us in the sale of yachts and other services and/or products that we offer.
Note that some authorized features and apps may allow users to post or upload messages, comments, screen names, computer files and other materials. If you choose to make personally identifiable information public through these means, we will consider that information to be in the public domain and will not limit its disclosure in the manner described by this policy.
Sharing Information with Others: Who and Why
Third Party Providers.
We may share your information, including personal information, with our professional advisors, service providers and other third parties that help us operate and/or provide products or services for the site and our business, including for email services and credit card processing.
Legally Compelled Disclosures.
We may disclose your information, including personal information, to government authorities, and to other third parties when compelled to do so by government authorities, at our discretion, or otherwise as required or permitted by law, including but not limited to responding to court orders and subpoenas. We also may disclose such information when we have reason to believe that someone is causing injury to or interference with our rights or property, other users of the online resources, or anyone else that could be harmed by such activities.
If Fleming Yachts or its affiliates, or substantially all of its or their assets, are acquired by one or more third parties as a result of an acquisition, merger, sale, reorganization, consolidation, or liquidation, personal information may be one of the transferred assets.
Additional Data Privacy Rights
Certain of our activities in the state of California, the European Union, UK, Switzerland, Iceland, Liechtenstein, and Norway implicate obligations under the California Consumer Privacy Act and Regulation (EU) 2016/679 of the European Parliament and the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal information on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation), we comply with our duties thereunder by providing certain notices, which can be found here, and ensuring the use of appropriate safeguards for the processing of personal information governed by such data protection laws.
Choices you can make: Opt Out and Account Changes
If we are using personal information you provided to us in order to enable us to send you materials, such as newsletters or product alerts via text or email, and you decide you don't want to receive such materials, you may opt out by emailing us using the contact information below. When we receive your request, we will take reasonable steps to remove your name from our distribution lists. Users also need to understand it may take a period of time to remove your name from our lists after your request and due to such latency you may still receive materials for a period of time after you opt out. In addition to opting out, you have the ability to access, amend and delete your personal information by contacting us using the contact information below.
Things Happen: We do what we can to ensure Information Security
We will take all reasonable security precautions to protect your personal information provided to our site. Due to the inherently open and somewhat risky nature of the Internet, however, we cannot guarantee that your information, whether during transmission or while stored on our systems or otherwise in our care, will be free from unauthorized access or that loss, misuse, destruction, or alteration will not occur. We disclaim any liability for any theft or loss of, unauthorized access or damage to or interception of any data or communications. You should also note that third party companies we engage to provide us with services either to help us in our business, or to perform functions we would otherwise perform ourselves, will have incidental access to your information, including your personal information, as part of the work they perform. We require that they enter into confidentiality and other agreements, but cannot guarantee their compliance.
We reserve the right to change or update this policy from time to time. Please check our site periodically for such changes since all information collected is subject to the policy in place at that time. Typically, we will indicate the effective/amendment date at the beginning of this policy. If we feel it is appropriate, or if the law requires, we'll also provide a summary of changes we've made near the end of the new policy.
Attn: Privacy Office
1760 Monrovia Avenue
Costa Mesa, CA 92627
Notice of Privacy Rights
This Notice was amended on December 31, 2019 and is effective as of that date. Future changes to this Notice will be handled as described here.
Data Collected from Certain Data Subjects
If we, or those acting on our behalf, collect your personal information while you are a resident of the state of California in the United States, or if you are located in a European Union country (which for now includes the UK), Switzerland, Iceland, Norway or Liechtenstein, our use and processing of that information is governed by certain data privacy and security laws including the California Consumer Privacy Act (the "CCPA") and Regulation (EU) 2016/679 General Data Protection Regulation commonly known as, the "GDPR", as further set forth below. To view your rights under the CCPA, click here.
Privacy Rights Under the GDPR
This Notice is provided to make sure you know and understand the special rights you may have under the GDPR. We do not take affirmative steps to confirm where any given data subject is located at the time we collect their information. As such, if we cannot readily ascertain your location, we will handle your personal information pursuant to our standard policies. You can ask us to change that method of handling through the means outlined below in this Notice.
The Personal Information We Collect and How We Use It
Legal Basis for Processing Your Personal Information
Our legal basis for collecting and using your personal information will depend on the personal information concerned and the specific context in which we collect it. However, we will normally collect personal information where the processing is in our legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms, such as to provide you with the information or services you requested or for safety recalls and repairs. In certain circumstances where our legal basis of processing is for performance of a contract with you, please be aware that, in those circumstances, where you do not provide personal information which is required by us, we will not be able to provide the products and services under our contract with you or may not be able to comply with a legal obligation on us. In some cases, we may also have a legal obligation to collect personal information from you or may otherwise need the personal information to protect your vital interests or those of another person. If we happen to obtain your consent to process your personal information, you may withdraw your consent at any time as stated here.
Exercising Your Rights
You may exercise the rights available to you under the GDPR, including the right to object to the processing of your personal information, as follows:
- Access - the right to obtain a confirmation that your personal information is being processed, access to your personal information (if we are in fact processing it), other information about the processing of your personal information (most of which is set forth in this Notice) and a copy of the personal information we are processing.
- Rectification - the right to have your personal information corrected if it is inaccurate, and depending on the purposes of processing, you may also have incomplete personal information completed.
- Erasure - also known as the "right to be forgotten," the right to request your personal information be deleted under certain circumstances such as if it is no longer needed for the original purpose it was collected for or if you withdrew your consent. The right of erasure does not apply under limited circumstances including if the processing is necessary for exercising the right of freedom of expression and information or our compliance with a legal obligation.
- Restrict processing - the right to restrict processing of your personal information under certain circumstances such as if you contest the accuracy of the personal information (and only for so long as it takes to verify that accuracy), the processing is unlawful and you have requested restricting the processing rather than erasure, or if we no longer need the personal information but you need it to establish, exercise or defend a legal claim.
- Portability - the right to receive the personal information you provided to us (and not any other information) under limited circumstances such as if the basis for processing the personal information was consent or necessary for the performance of a contract with you, or the processing is carried out by automated means.
- Automated Processing - the right to not be subject to a decision based solely on automated processing, including profiling.
- Object to processing - the right to object to the processing of your personal information under the following circumstances:
- Legitimate Interests - if the basis for which the processing occurs is in our legitimate interests or in the performance of a task carried out in the public interest. If you object, we will stop processing your personal information unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms or we require the personal information to establish, exercise or defend a legal claim.
- Direct Marketing - If the processing is for direct marketing purposes.
You can exercise these rights by contacting us using the contact information listed here; however, we may need to request additional information from you to verify your identity before granting your request. We will respond to all requests we receive from individuals wishing to exercise such rights in accordance with applicable data protection laws. We have the ability to charge a reasonable fee for administrative costs of providing the personal information to you in situations where the request is unfounded or excessive (due to its repeated nature), or in the alternative, we may refuse to act on the request in those situations.
If we have obtained your consent to process your personal information, then you can withdraw your consent at any time by using the contact information listed here.
Lodging a Complaint
You have the right to complain to your data protection authority about our collection and use of your personal information. Please contact your local data protection authority for more information. Contact information for data protection authorities can be found here.
Retaining Your Personal Information
We will store and retain your personal information in accordance with applicable law and as long as necessary to carry out the purposes described in this Notice in accordance with our internal data retention procedures. The criteria used to determine the retention periods include:
- how long the personal information is needed in connection with the applicable purposes for which we use it;
- the type of personal information collected; and
- whether we are subject to a legal, contractual or similar obligation to retain the personal information (e.g., mandatory data retention laws, government orders to preserve personal information relevant to an investigation, or personal information that must be retained for the purposes of litigation or disputes).
When we transfer personal information out of the GDPR jurisdictions listed here, in most cases the law requires that we implement certain specified safeguards. We have put in place European Commission approved standard contractual clauses to protect your personal information, please click here to learn more.
Privacy Rights Under the CCPA
This Notice is provided to make sure you know and understand the special rights you may have under the CCPA as a resident of California as of January 1, 2020.
The Personal Information We Collected and Disclosed for a Business Purpose Within the Last 12 Months
We have collected the following categories of personal information within the last 12 months and may have disclosed this information for a business purpose:
- identifiers such as name, address, IP address, and other similar identifiers
- personal information described in subdivision (e) of Section 1798.80 (California customer records statute) such as a name, address, telephone number, credit card number
- characteristics of protected classifications such as race, gender, ethnicity
- commercial information such as products or services purchased
- internet/electronic activity such as browsing history and search history
- geolocation data including geographic coordinates/physical location
- sensory data including audio, video, electronic or other similar information
- inferences drawn from the foregoing
Additional Information about Our Privacy Practices
You have certain rights under the CCPA as described below:
- Disclosure - the right to request that a business that collects your personal information disclose to you the categories and specific pieces of personal information the business has collected including the source of the information, the business's use of the information and, if the information was disclosed or sold to third parties, the categories of personal information disclosed or sold to third parties and the categories of third parties to whom such information was disclosed or sold.
- Access - the right to receive a copy of the categories and specific pieces of personal information the business has collected about you in the preceding 12 months.
- Delete - the right to request that a business delete the personal information the business has collected about you under certain circumstances.
Exercising Your Rights
You can exercise these rights by contacting us at +1 949 645 1024 or via email firstname.lastname@example.org You will not receive discriminatory treatment by us for exercising your privacy rights.
We will respond to all requests we receive from individuals wishing to exercise such rights in accordance with the CCPA. Please note that you may only make a request for personal information twice within a 12 month period and that prior to completion of any request, we will need to verify your identity as set forth below.
Verifying Your Identity
Upon submission of a request to exercise your rights, you will be required to provide certain information to us (such as your name and email address) in order to verify your identity. You may also designate an authorized agent to make a request on your behalf. Please note that any authorized agents acting on your behalf must submit proof they have been authorized by you to make a request to exercise these rights before we can process the request. The proof of authorization is in addition to any information required to verify your identity.
Changes to this Privacy Notice
We reserve the right to change or update this Notice from time to time. Please check our site periodically for such changes since all information collected as described herein is subject to the Notice in place at that time. Typically, we will indicate the effective/amendment date at the beginning of this Notice. If we feel it is appropriate, or if the law requires, we'll also provide a summary of changes we've made near the end of the new Notice.
Attn: Privacy Office
1760 Monrovia Avenue
Costa Mesa, CA 92627
Data Protection Officer
If you would like to contact our Data Protection Officer, you can do so by sending an email to email@example.com.