PRIVACY NOTICE AND INFORMED CONSENT NOTICE
CONSENT TO PROCESS PERSONAL INFORMATION IN TERMS OF THE PROTECTION OF INFORMATION ACT, 4 OF 2013 (POPIA)
(EMAIL, WEBSITE, AND SOCIAL MEDIA PRIVACY NOTICE)

The Protection of Personal Information Act, 4 of 2013 (POPIA) gives effect to the constitutional right to data privacy in terms of Section 14 of the Bill of Rights of the Constitution and The Privacy Policy in relation to the UK General Data Protection Regulation 2021.

The responsible use of the Niche Yachting website and related resources in respect of data privacy is important to Niche Yachting.

Whilst Niche Yachting is committed to protecting all person’s rights to privacy and who in sequence will ensure that all person’s Personal Information is used appropriately, transparently, and according to applicable law, Niche Yachting has to ensure that these rights to privacy are balanced with other rights such as the right to use and have access to Niche Yachting Information and Services including its online and social media platforms and applications.

This Policy sets out the responsibilities and obligations of all persons who make use of, or access or receive Niche Yachting Information and Communications via its electronic communication facilities and resources including its website, email, and social media platforms and how all, users of these facilities and resources are to ensure that when using these resources that they respect and process another’s Personal Information lawfully and in accordance with the provisions of POPIA and the 8 Personal Information Processing Principles.

PLEASE READ THE DOCUMENT BEFORE YOU MAKE USE OF THE NICHE YACHTING ELECTRONIC FACILITIES OR PROVIDE NICHE YACHTING WITH ANY PERSONAL INFORMATION. BY PROVIDING NICHE YACHTING WITH YOUR PERSONAL INFORMATION, YOU CONSENT TO NICHE YACHTING PROCESSING YOUR PERSONAL INFORMATION, WHICH NICHE YACHTING UNDERTAKES TO PROCESS STRICTLY IN ACCORDANCE WITH THIS PRIVACY POLICY.

1.INTRODUCTION

1.1 Niche Yachting in order to carry out its aims and objectives does, and will, on an ongoing basis receive, provide and process Personal Information.

1.2 In terms of a law known as the Protection of Personal Information Act, 4 of 2013 (POPIA) and the UK General Data Protection Regulation 2021 everyone has the right to privacy, including the right to the lawful collection, retention, dissemination, and use of one’s Personal Information.

1.3 In order to give effect to this right, Niche Yachting is under a duty to provide any person whose Personal Information is processed by it, (known as a “Data Subject”) with a number of details pertaining to the use of and subsequent processing of the Data Subject’s Personal Information, before such Personal Information may be used or processed by Niche Yachting .

1.4 In accordance with this requirement, Niche Yachting sets out the below:

• the reasons why it will have to process a Data Subject’s Personal Information,
• the conditions under which it will receive and use a Data Subjects Personal Information,
• how Niche Yachting will use and handle this Personal Information, as well as
• the conditions under which it will provide its own Personal Information.

2.APPLICATION

2.1 The Privacy Policy of Niche Yachting, is applicable to

2.1.1 all Niche Yachting electronic platforms and facilities, including social media, websites, and/or email, whether owned by, established by, used by, hosted by, and/or accessed by Niche Yachting, and

2.1.2 all and any Data Subject(s), who may access and make use of the aforementioned Niche Yachting electronic platforms and facilities, including, without detracting from the generality thereof, Niche Yachting employees and staff, consumers and customers, vendors, contractors, service providers and/or other third parties.

2.2.2 all the Personal Information is owned by Niche Yachting and is provided to any responsible parties and/or operators as a result of the such person accessing or making use of Niche Yachting social media and electronic platforms.

3.ACCOUNTABILITY

3.1 Niche Yachting takes the privacy and protection of a Data Subject’s Personal Information very seriously and will only process a Data Subject’s Personal Information in accordance with POPIA and the terms of this Privacy Policy.

3.2 In turn where Niche Yachting provides any of its Personal Information to a Responsible Party or Operator, then such person will be required as a condition of receiving such information, to process such Personal Information in accordance with POPIA and the terms of this Privacy Policy.

3.3 Accordingly, the relevant data privacy principles relating to the processing of Personal Information, whether that belonging to Niche Yachting or that belonging to a data subject (including, but not limited to, the collection, handling, transfer, sharing, correction, storage, archiving and deletion) will apply without exception, save where POPIA provides for such an exception, to all and any Personal Information provided by Niche Yachting to another or received by Niche Yachting as a result of the use of Niche Yachting electronic platforms and facilities.

4.AGREEMENT TO BE BOUND AND CONSENT TO PROCESS

4.1 By accessing or using the Niche Yachting electronic platforms and facilities including all websites and URL’s, any sites housed under its domain names and/or social media platforms, and/or when sending or receiving emails using the Niche Yachting email, the Data Subject:

4.1.1 acknowledges that it has read and understood this Privacy Policy and related provisions;

4.1.2 agrees to be bound by this Privacy Policy;

4.1.3 agrees to comply with this Privacy Policy; and

4.1.4 gives Niche Yachting consent to process and further process the required Personal Information for the required purpose, in accordance with this Privacy Policy.

5.RECEIPT, USE AND SHARING OF PERSONAL INFORMATION BY NICHE YACHTING

5.1 Niche Yachting will receive Personal Information pertaining to a Data Subject when the Data Subject submits a query or request via the Niche Yachting electronic platforms or facilities, including via its website, or by way of email, telephone, or via social media.

5.2 On receipt of the request or query, Niche Yachting will thereafter use and process the Data Subject’s Personal Information for the purpose of the query and for a variety of related purposes, which will all depend on the query or request, and which without detracting from the generality thereof may include:

• for the purposes of identifying and/or verifying the Data Subject’s details;
• for the purposes of providing information, products and/or services or details in connection therewith or pertaining thereto, that the Data Subject, may have requested;
• for trade application and/or purchasing purposes;
• to enroll the Data Subject as a vendor;
• for employment application purposes;
• for the purpose of concluding an employment relationship with an applicant;
• for the purposes of managing any information pertaining to the Data Subject;
• for further processing or general administration purposes;
• for legal or contractual purposes;
• to help Niche Yachting improve the quality of Niche Yachting products and services;
• to help Niche Yachting detect and prevent fraud and money laundering;
• for the purposes of recovering unpaid monies and/or any other amount due to Niche Yachting ;
• for the purpose of debt collection;
• for the purposes of research, analytical and statistical purposes;
• for the purpose of carrying out analysis and consumer/customer profiling;
• for the purposes of identifying other products and services which might be of interest to the Data Subjects;
• for the purposes of informing a Data Subject about Niche Yachting products and services.

5.3 In order to correctly handle any request or query, and in order to perform the purposes described above, Niche Yachting may from time to time share a Data Subject’s Personal Information with the following parties:

• Niche Yachting employees, which will only be done on a need-to-know basis;
• Niche Yachting suppliers, which will only be done on a need-to-know basis;
• Niche Yachting carefully selected business partners who provide products and services which may be of benefit to a Data Subject which will only be done on a need-to-know basis; and
• Niche Yachting operators such as service providers and agents who perform services on behalf of Niche Yachting, which will only be done on a need-to-know basis and in terms of a Niche Yachting operator agreement.

5.4 Niche Yachting does not share a Data Subject’s Personal Information with any third parties who have not been described above, unless:

• Niche Yachting is legally obliged to provide such information to another for legal or regulatory purposes;
• Niche Yachting is required to do so for purposes of existing or future legal proceedings;
• the onward transmission or sharing of Personal Information is necessary for the pursuance or protection of Niche Yachting legitimate interests or that of the Data Subject or a third party;
• Niche Yachting is involved in the prevention of fraud, loss, bribery or corruption and is using another agent or service provider under a mandate to provide such service, and the agent or service provider needs to process the Data Subject’s Personal Information for the purpose of investigating and or preventing any act of fraud, loss, bribery or corruption,

and under all of the above-mentioned circumstances, Niche Yachting will take reasonable measures to ensure that such Personal Information is only provided to the recipient if such recipient undertakes to keep the Personal Information confidential and secure.

5.5 Where Niche Yachting has to transfer the Data Subject’s Personal Information across the South African borders, it will before it does so, ensure that the recipient thereof agrees to be bound by POPIA under and in terms of a set of binding corporate rules or binding agreements that provide an adequate level of protection and uphold the principles for the reasonable and lawful processing of such Personal Information.

6.RECEIPT, USE AND SHARING OF NICHE YACHTING PERSONAL INFORMATION

Niche Yachting on receipt and in response to a query or request received from a Data Subject, referred to under section 5 above, may transmit via its website, or by way of email, telephone, or via social media, its own Personal Information, which Personal Information on receipt by the requesting or receiving party, may only be used for the purpose relating to the initiating of the request or query and for no other purpose. Furthermore, the recipient undertakes that it will not use this Personal Information for any other purpose or share this information with any other party, save where it has been given express permission to do so by Niche Yachting.

7.INFORMATION QUALITY/OPENNESS/DATA SUBJECT PARTICIPATION

7.1 Whilst Niche Yachting will make all efforts to ensure the integrity and accuracy of a Data Subject’s Personal Information, this may not at all times be possible. Following this, the Data Subject accepts the responsibility for keeping his / her or its Personal Information up to date, and undertakes to inform Niche Yachting of any changes to his / her and its Personal Information.

7.2 A Data Subject has a right of access to any Personal Information which Niche Yachting may have and where applicable may ask Niche Yachting to correct any inaccuracies in or to any such Personal Information. Any access request can be requested, please give us a call on +44 787 9443048

8.SECURITY OF PERSONAL DATA

8.1 Niche Yachting makes all reasonable efforts to keep its social media and electronic platforms including its website secure at all times, however, Niche Yachting advises that it cannot guarantee the security of any information provided to Niche Yachting through the Niche Yachting website, e-mail, internet or social media sites. Following this Niche Yachting cannot be held responsible for any loss or unauthorized use or interception of information transmitted via these social media and electronic platforms or sites, including its Internet, which is beyond Niche Yachting’s reasonable control.

8.2 The Niche Yachting website may contain links to other websites outside of Niche Yachting control. Niche Yachting is not responsible for the content, privacy or security of these other third party-controlled websites.

8.3 Niche Yachting may have cookies on its website which makes contact with your / a Data Subject’s device to help make the Niche Yachting social media and electronic platforms website better.

8.4 Niche Yachting makes use of social plugins of social networks such as Facebook, YouTube, LinkedIn, and Twitter. Please note that Niche Yachting has no influence on or control over the extent of the data retrieved by the social networks’ interfaces and Niche Yachting can accordingly not be held responsible or liable for any processing or use of Personal Information transmitted via these social plugins. For information on the purpose and extent of the data retrieval by the social network concerned, and about the rights and settings which are available for you to access for the protection of your private information, please refer to the data protection information provided by the social network in question.

8.5 Note that all Niche Yachting social media and electronic platforms including its website and telephone facilities and your use of them will be monitored on a regular basis including the recording and interception of content placed on or stored on said facilities which are done for security, integrity, and quality assessment purposes and by using such electronic platforms and facilities you expressly acknowledge notice of such monitoring and interception and give consent thereto in accordance with the Regulation of Interception of Communications and Provision of Communication-Related Information Act 70 of 2002 (“RICA”),

8.6 Subject to the provisions above, Niche Yachting has implemented the appropriate technical and organizational security measures which are required in order to protect all Personal Information and related data which it holds from and/or against unauthorized access, accidental or willful manipulation, loss, or destruction.

8.7 Any data requested will be used for recruitment purposes only. Data of employees or candidates will be on Niche Yachting database for 5 years. Personal data information will only be shared with members who are seeking employees. No data will be shared or showcased on the website. The crew member/candidate has the right at any time to request all his/her documentation and details be removed from Niche Yachting’s database. Niche Yachting will permanently delete all information and saved documentation from our database as well as remove the crew member/candidate’s particulars from the mailing list.

9.THIRD-PARTY INFORMATION

If a Data Subject provides Niche Yachting with Personal Information on behalf of another, Niche Yachting will not be able to process the query or request unless such query or request is accompanied by the required permission and consent from the owner of that Personal Information.

10.CONTACT DETAILS OF DATA CONTROLLER

You can contact Niche Yachting in relation to this Privacy Policy by writing to Victoria White at info@niche-yachting.com or by calling on +44 7424 656 301.

Megan Botha SA +33 769826343

11.REVISION OF POLICIES

Niche Yachting reserves the right to and may from time to time update this Privacy Notice. Any such revision will be published as an amended version on the Niche Yachting website.

Following this, any change to this Policy will be posted as an updated version and readers are advised to visit and re-read this policy on a regular basis.

Any candidates signing up with Niche Yachting will be signing up with both Niche Yachting Ltd (UK) and Niche Yachting Pty (SA). Both companies operate under the same privacy policy.