Privacy Policy

Privacy Policy

1. General

Ocean Tourist Services SL, hereafter, SAILWIZ (established on calle Menendez Pidal, 19. 28036. Madrid, Spain) ( "Sailwiz", "we" or "our"), speaking as data controller, promises to protect and respect your privacy. This document (the "Privacy Policy") is designed to inform you about our practices regarding collection, use and disclosure of information that you provide through this website or mobile application (the "Website/ App").

This Privacy Policy (together with our Terms and Conditions and other documents referenced in them and in our Cookie Policy establishes the framework under which your personal data will be collected and processed. Carefully read this text to understand our position and practices regarding your personal data and how we process it.

2. What information do we collect?

We may collect and process the following data about you:

2.1 Information you provide to us

We may provide information, including information that can identify you ("personal data") when you use the Website/ App to fill out your forms (for example, the registration form), when you enter any of our contests, promotions or surveys or when you contact us by phone, email or otherwise, and when you are reporting a problem with our Website/ App.

The information you provide to us may contain:

2.1.1 Information required to register with the service we provide on our Website/ App or access our other services; This data includes your name, email address, date of birth, sex, phone number and password. All these fields are mandatory. Sailwiz cannot provide the offered services if you do not give us the necessary information to create an account on our Website/ App;

2.1.2 A photograph.

2.1.3 A postal address.

2.1.4 Information about your boat.

2.1.5 Your mini-biography.

2.1.6 A record of correspondence you have had with us.

2.1.7 A record of any booking you make or any activity that you publish through our Website/ App.

2.1.8 Details of the economic or financial transactions, including transactions through our Website/ App or any other means. This may include information such as, for example, your payment card or bank details, information related to activities you have booked or offered through our Website/ App.

2.1.9 Details of your visits to our Website/ App and content that you access.

2.1.10 Your answers to our surveys or questionnaires, like your reviews of the activities that you shared with other members of our community. Such information can be used for analysis and behavioral study of users.

2.1.11 Information that we may ask of you when you report a problem with our Website/ App or our service, for example, because of your request for assistance.

2.1.12 Information about your location, as long as you have given your consent to the collection and processing of this data.

2.2 Information that we automatically collect:

2.2.1 If you register through authentication methods of social networks, Sailwiz will have access to certain personal data (ex. name, photo, email, number of friends on Facebook, etc.) from your account on that social network, according to the terms and conditions applicable. We collect some of your personal information when you interact with social networking features such as the tab "Like".

2.2.2 For each one of your visits to our Website/ App, we may collect, in accordance with applicable law and, where necessary, with your consent, information regarding the devices you use and the networks to which you connect when you use our services. This may include the following information: your IP address, connection information, type and version of browser, and versions of plugins or add-ons to your browser, operating system and platform, information about your visit including detailed history of the URL, through and from our Website/ App, products that you have seen or sought, download errors, length of visits to certain pages, page interactions and telephone number from which you have called us. We collect this information using various technologies, including cookies (for more information, see our Cookies Policy.)

2.2.3 We also collect aggregate information about your activity on our platform (for example, the number of activities offered, your response time to messages, etc.). This information can be published on your public profile on our platform.

3. How do we use the information we collect?

We will use the collected information in order to:

3.1 fulfill our obligations under the contracts signed between you and us and to provide information and services requested by you;

3.2 send you information on our services by email and/ or text message and/ or any other means of communication (ex. your booking confirmation);

3.3 to receive payments you make or to transferry you the payments we have collected on your behalf;

3.4 to enable you to customize your user profile on our platform;

3.5 to enable you to communicate and interact with other members about our services or activities you are going to share or have shared with other members and/ or to organize such activities;

3.6 to give you access to our support services and to enable you to communicate with our relations team between members;

3.7 to ensure compliance with (i) applicable laws, (ii) our Terms and Conditions and (iii) Privacy Policy. Certain breaches we deem inappropriate may lead to the suspension of your account;

3.8 to send you, in accordance with applicable law and, where necessary, with your consent, marketing messages and information necessary to facilitate the service or the booking process and to offer suggestions and recommendations for related goods and services that may be of interest . We also use your information to send you direct information on your social networking platforms. For more detailed information on operation and the data we collect, visit the corresponding sections of the social networking platforms;

3.9 to notify you of any changes to our services;

3.10 to administer our Website/ App and for internal operations, including troubleshooting, data analysis, testing, research and surveys;

3.11 to ensure that the content is presented for you and your device in the most effective way;

3.12 to allow you to participate in interactive features of our service, when you request it;

3.13 as part of our efforts to maintain our secure and safe Website/ App;

3.14 to measure or understand the effectiveness of advertising we send, both to you and to others, and to send you information that may interest you.

4. Who are the recipients of the information we collect about you and with what purpose do they have?

4.1 When you use our services, certain information about you is shared with relevant members of our communities, both in your public profile and during the booking process, only what is necessary for the service (ex. give your phone number to the members with whom you are going to share an activity).

4.2 We may receive and send information about you, including your personal details, if you use other websites or Apps that we operate or other entities of Sailwiz or affiliates to it for the purposes specified in this Privacy Policy.

4.3 We also work closely with third parties who may be recipients of your personal data, for example:

Our partners are social networking platforms and can provide related services, such as the connection of your profile information from their social networking platforms to our platform.
Our business partners who can advertise their services on our Website and Application and with which you can decide if you subscribe to. These may include, in particular, any services related to ours, such as insurance, banking, boat rental companies, schools or nautical ports.

4.4 We will only disclose your personal information to third parties mentioned in articles 4.2 and 4.3. listed above in the following cases:

4.4.1 When participation of another service provider is necessary to comply with any contract we adhere to you, in order to facilitate or extend our services (ex. if we charge you some kind of fee or any amount in relation to the services provided on the Website/ App);

4.4.2 As part of the booking process and in order to provide the services requested, we will publish on the Website/ App and/ or transmit to a passenger (if you're a driver) or to a driver (if you're a passenger) certain information, such as your name, photo, phone number and/ or email.

4.4.3 As part of our rating system, the reviews you write will be posted on the Website/ App. These ratings, including your name and photo will be visible to all who visit the Website/ App.

4.4.4 We use analytical services providers and search engines to help us improve and optimize our Website/ App.

4.4.5 When so expressly requested (for example, when making use of the authentication methods provided by social networks).

4.4.6 We may distribute portions of our platform (including trips you have posted) to other websites of our business partners who can publish via API or widgets. In such cases, certain information from your public profile may appear on these web pages;

4.4.7 In addition, Sailwiz may disclose your information when legally required or when we believe in good faith that access, protection or disclosure is something reasonably necessary to (i) respond to a claim against Sailwiz, (ii) comply with legal procedures, (iii) require the compliance of a contract with our users, according to our Terms and Conditions, our Privacy Policy, our Code of Good Practice, (iv) in the event of an emergency involving a threat to public health, death or physical harm to a person (v) as part of an investigation or (vi) to protect the rights, property or personal safety of Sailwiz, its members or others;

4.4.8 If we sell or acquire any business or assets, in which case we may need to disclose your personal data to the prospective seller or buyer in accordance with applicable regulations

4.4.9 If Sailwiz or all or part of its assets is acquired by a third party, in which case the personal data we hold will be one of the transferred assets.

4.5 In accordance with applicable law and, where necessary, with your consent (in this case, by accepting this Privacy Policy you grant your consent in this regard), we may combine information about you, including your personal data and information obtained through cookies that we receive or send to our partners. We can use this information and the combined information for the purposes stated above.

4.6 Note that if you choose to share your information with us, including your personal details, through connection services placed at your disposal by our trading partners, the policies and/ or privacy notifications will be equally applicable, in addition to this Privacy Policy. We do not control the collection or treatment of your information which is conducted by our business partners on their own platform.

5. How do we use and moderate your messages?

5.1 We may revise, scan or analyze the messages you exchange with other members of our community through our Website/ App, for the purposes of fraud prevention, service improvement, customer support and compliance of written contracts with our members (such as our Terms and Conditions). For example, in order to prevent a member from circumventing our online booking system, we can scan and analyze messages sent through our platform to verify that they do not include contact information or references to other web pages.

5.2 We never scan or analyze your messages with other members of our community for commercial or advertising purposes. We may employ automated methods in order to moderate these messages.

6. Direct advertising and our communications sent by email or sms

In accordance with applicable law and, if necessary, with your consent, we may use the information you provide us on our Website/ App with purposes of electronic direct marketing (ex. (i) for you to receive our reports of notifications, invitations to our events or other communications that we believe may be of interest, or (ii) to send direct advertising on social networking platforms, sites and third party applications).

With regard to professional emails: you can withdraw your consent at any time by (i) unchecking the box in your member account, (ii) clicking on the unsubscribe link that we provide in each of the Sailwiz communications sent to you or (iii) by contacting us through the contact information provided in paragraph 13 below.

With regard to direct advertising:

(i) On social networking platforms (ex. Facebook, Twitter): you can oppose data processing at any time by setting the parameters relating to the advertising of your account;

(ii) On the sites or third-party applications: you can read our Cookies Policy to learn how to withdraw your consent.

7. Will we transfer your information? How and where?

We keep the personal data we collect about you within the European Union ("EU"). Since we are a company with an international focus, it is possible that the personal information we collect about you, as part of the services that we offer via the Website/ App, are transferred to non-European countries where laws for data protection may involve a lower level of protection than that of the current legislation in your country of residence.

8. What rights can you exercise in regards to your personal data?

8.1 Where permitted by law, you have the right to obtain a copy of your personal data held by us. Before responding to your request, we may ask you to (i) verify your identity and (ii) provide us with further information so we can better respond to your request. We will try to respond within a reasonable time frame and, in any event, within the time required by law. If you wish to exercise this right, please contact us via the contact details we provide you below (see paragraph 13).

8.2 As a member of our Website/ App, you can access your personal data held by us through your account, to edit, modify, or delete information that is not correct. You must provide truthful, accurate and complete information to your online account and keep it updated. You can update or delete your personal data, or object to specific processing, by contacting us through the contact details we provide you below (see paragraph 13).

Note that in certain cases we can keep some of your data, if required by law or if we have legitimate reasons for this. For example, if we consider that you have committed fraud or you have violated our Terms and Conditions, we may want to keep some of your information to prevent you from circumventing the rules applicable to our community.

9. Cookies & similar technologies

To learn more regarding this, you can see our Cookies Policy.

10. Confidentiality of your password

When you decide to set a password to access certain parts of our Website/ App, it will be your responsibility to keep it secret. Please do not reveal your password to anyone.

11. Links to other websites and social networks

Our Website/ App may, at certain times, contain links to and from websites of our partner networks, advertisers and associates. If you follow a link to any of these websites, please note that they have their own privacy policies and that we are not responsible for them. Always check these policies before providing any personal information.

12. Changes to our privacy policy

Any changes we make to our Privacy Policy will be published on this page. Where appropriate, we will notify you and ask for your consent. Please check frequently for updates or changes in our Privacy Policy.

13. Contact

If at any time you wish to contact us to tell us your opinion regarding our privacy practices, or in connection with any questions about your personal data, you can do it through our contact page or by sending a letter to the address given to beginning of this document.