DATA PROTECTION
Federal Act on Data Protection (nLPD)
Marina Yacht Charter is a registered trademark licensed to Marina Yacht Sales by Device & Care Sagl (“We”), which is the data controller responsible for collecting and processing your personal data in relation to its activities. Our mission is to offer our clients a complete range of travel services.
In this data protection statement, we explain how we handle your personal data and how you can control and manage it. Our data processing may be supplemented by additional data protection notices, such as those contained in the general (travel) terms and conditions, or may derive from circumstances or be regulated by law.
This data protection statement complies with the requirements of the Swiss Federal Data Protection Act and, if and to the extent applicable, the European Union’s General Data Protection Regulation (GDPR).
1. DOES THIS NOTICE APPLY TO YOU?
This privacy notice applies to you if:
you are our client or have a contractual relationship with us;
you are a traveling companion of one of our clients;
you are interested in our products or services and, therefore, provide us with your personal data (e.g., in our agency, on our websites and apps, or at events) so we may contact you.
If you provide us with personal information about others, ensure they are informed of the sharing of their personal data and encourage them to read this privacy notice. We will make every effort to do the same whenever possible (e.g., if we have the person’s contact details).
2. HOW CAN YOU CONTROL OUR PROCESSING OF YOUR PERSONAL DATA?
You have rights that enable you to effectively control your personal data and how we process it. Below, we explain your rights regarding your personal data.
If you wish to exercise any of the rights below, please send a request via email to [info@deviceandcare.com] or by mail to: [Device & Care Sagl – Via Mulino, 3 – 6855 Stabio, Switzerland].
If you have questions about using your personal data in this data protection statement, please send them to: [info@deviceandcare.com].
2.1. You can request information about your personal data.
If you request information about your personal data, we will provide a copy of the personal data you requested and information on how it is processed. Your right to information may be limited in cases provided by law.
2.2. You can request the correction of your personal data.
If you believe your personal data is incorrect or incomplete, you can request that such personal data be modified or completed accordingly. In some cases, supporting documents may be required.
2.3. You can request the deletion of your personal data.
If you wish, you may request the deletion of your personal data within the limits allowed by law.
2.4. You can object to the processing of your personal data based on legitimate interests.
If you do not consent to processing based on a legitimate interest, you can object for reasons related to your individual situation. In such cases, inform us of the related processing and reasons for your objection. We will stop processing your personal data unless there are compelling legitimate grounds for processing or if processing is necessary to assert, exercise, or defend legal rights.
2.5. You can object to the processing of your personal data for direct marketing purposes.
You have the right to object at any time to the processing of your personal data for direct advertising purposes. This also applies to profiling to the extent that it is associated with such direct advertising.
2.6. You can request restriction of the processing of your personal data.
If you dispute the accuracy of the personal information we use or object to processing your personal information, we will review or amend your request. You can request that we limit the processing of your personal data while we consider your request.
2.7. You have rights against an automated individual decision.
In principle, you have the right not to be subject to a decision based solely on automated processing, including profiling, that has legal effects on you or similarly significantly affects you. However, we may automate such decisions if necessary to conclude or execute a contract with us, if permitted by law, or if you have consented. In any case, you have the right to contest the decision, express your point of view, and request the intervention of a competent person to review the decision.
2.8. You can withdraw your consent.
In cases where processing is based on your consent, you can withdraw that consent at any time.
2.9. You can request the portability of certain of your personal data.
You can request a copy of the personal data you provided to us in a structured, commonly used, and machine-readable format. If technically feasible, you can request that we transmit this copy to third parties.
2.10. Complaint to the Federal Data Protection and Information Commissioner.
In addition to the above rights, you can file a complaint with the competent supervisory authority. In Switzerland, this is the Federal Data Protection and Information Commissioner (IFPDT), Feldeggweg 1, 3003 Bern.
3. FOR WHAT PURPOSES AND ON WHAT LEGAL BASIS DO WE USE YOUR PERSONAL DATA?
3.1. Contract performance and legitimate interest
In this section, we explain the purpose of processing your personal data and the legal basis for doing so. First, we use your personal data to process a contract to which you are a party or to perform pre-contractual measures at your request. However, we may also process your personal data to satisfy our legitimate interests or those of third parties.
In particular, your personal data will be processed if necessary to conclude or perform a contract to:
conclude a (travel) contract with you, for which we may process personal data to register you as a new client, to conclude and perform a contract with you;
provide you with products and services purchased under the applicable contract;
handle booking, billing, and collection;
provide you with services related to travel preparation and execution;
provide insurance services;
offer advisory services;
provide assistance as necessary if you encounter difficulties during travel;
provide access to our digital platforms, as we may process personal data when you use our digital platforms for various purposes (e.g., managing your personal information or accessing travel information);
grant access to our premises and facilities, as we may process personal data when you visit our premises to ensure proper access and security control;
communicate with you, as we may process personal data if you wish to contact us, inquire about our company or services, or if the contract needs to be updated;
respond to your inquiries and provide assistance;
manage contract termination.
When we base a processing activity on legitimate interest, we assess it against your interests or fundamental rights and freedoms to ensure proportionality.
As part of our travel service activities, we also use your personal data to:
further develop our products and services;
improve information security, administer our platforms and websites, and ensure business continuity;
implement IT solutions;
maintain IT systems during operation;
enhance the automation and efficiency of our operations and customer service (e.g., auto-complete complaints, follow up on your requests, and improve satisfaction based on personal data collected during our interactions, such as phone recordings, emails, or chats);
facilitate the assertion of legal claims and defenses related to legal disputes and government proceedings;
organize competitions, promotions, and conduct opinion and customer satisfaction surveys.
3.2. Advertising and marketing
If you are a client and unless you object, we may send you offers for our products and services. We ensure that these commercial offers relate to products or services relevant to your needs and complementary to those you are already using. You may object at any time.
3.3. Consent
For some processing of personal data, we will specifically inform you and seek your consent. You may, of course, withdraw your consent at any time.
In particular, we request your consent for:
The transfer of particularly sensitive personal data to third parties;
Personalizing our offers, products, or services based on a complex profile to predict your needs and behavior;
Any electronic offers for products and services that are not similar to those purchased or for products and services from our trusted partners.
If necessary, we may request further consent to process your personal data, but this does not affect past processing.
4. WHAT TYPES OF PERSONAL DATA DO WE COLLECT?
We collect and use your personal data, which refers to any information that identifies you or allows you to be identified.
Depending on the type of product or service we offer you and our interactions with you, we collect various types of personal data about you:
Contact information, postal address (private or professional), email address, phone number;
Personal information, such as gender, date of birth and age, marital status, nationality, passport data, etc.;
Lifestyle, such as hobbies and interests, travel;
Travel details such as travel dates, itinerary/destination, airline, hotel, price, customer preferences, information on your travel companions, frequent flyer programs, etc.;
Health data, such as information on specific health needs or illnesses and injuries during a trip;
Financial information, such as payment information, credit card number, bank account information;
Data about your habits and preferences regarding our products and services (e.g., meal preferences);
Data from our interactions with you, e.g., your comments, suggestions, needs, expressed during correspondence in person or on our sites, and during telephone communications (conversation notes or call recordings), communications via email, chat, chatbot, exchanges on our social media, and any complaints collected. Your connection and tracking data (e.g., collected through cookies for non-advertising or analytical purposes on our websites), online services, other applications;
Data on your devices (mobile phone, computer, tablet, etc.), such as IP address, technical data, and unique identifiers;
Personalized login credentials or security credentials used to connect to our website and apps.
5. FROM WHOM DO WE COLLECT PERSONAL DATA?
We generally collect personal data directly from you. However, we may also collect it from other sources. Sometimes, we gather information from public sources:
Publications/databases provided by official authorities or third parties (e.g., Swiss Official Gazette of Commerce or Commercial Register);
Websites/social media appearances of legal entities or corporate clients containing information you disclosed (e.g., your website or social media profile);
Public information, such as information from the media.
We also collect personal data from third parties:
from our clients (e.g., as travel companions);
from our business partners (e.g., tour operators, service providers abroad);
from third parties, such as credit agencies and fraud prevention agencies;
from address search providers responsible for legally collecting relevant information.
6. WITH WHOM DO WE SHARE YOUR PERSONAL DATA AND WHY?
To fulfill some of the purposes described in this data protection statement, especially for travel execution, we may disclose your personal data to others, who may include:
Our service providers in the destination country (e.g., agencies, tour guides, hotel bookings, transfer and excursion services), transportation providers (airline, train, car rental, etc.), and accommodation providers (hotels, hostels, etc.);
IT units providing services on our behalf (e.g., IT services, logistics, printing services, telecommunications, debt collection, consulting, and sales and marketing);
Certain regulated professionals such as lawyers, notaries, or accountants when required in specific circumstances (litigation, auditing, etc.) and our insurers;
Partners for conducting advertising, market, and opinion research;
Partners to support investigations into crimes (e.g., fraud), the assertion, exercise, or defense of legal claims;
Authorities and official bodies (e.g., tax authorities, embassies in the destination country) where there is a legal or official obligation (e.g., retention requirements, obtaining visas, meeting entry requirements).
7. INTERNATIONAL TRANSFERS OF PERSONAL DATA
International transfers from Switzerland and the European Economic Area (EEA) to a non-EEA country (third country) may involve cross-border transmission of personal data. Specifically, you should expect the transfer of your data to the countries of travel. But also to countries in Europe, the United States, and globally, where the service providers and providers we use are located.
If the FDPIC or the European Commission has recognized that a third country offers an adequate level of data protection, your personal data can be transferred based on this adequacy decision.
For transfers to a third country not recognized as providing an adequate level of protection by the FDPIC and the European Commission, we rely on an exception applicable to the situation in question (e.g., if the transfer is necessary to fulfill our contract with you) or apply one of the following safeguards to ensure the protection of your personal data:
standard contractual clauses approved by the FDPIC and the European Commission;
binding internal data protection regulations.
To obtain a copy of these safeguards or information on where to obtain them, you may send a written request in accordance with Clause 2.
8. HOW LONG DO WE KEEP YOUR PERSONAL DATA?
We will retain your personal data for as long as necessary to fulfill our contractual obligations and comply with applicable laws and regulations, or for another period based on our legitimate business interests, such as for proper accounting, responding to legal complaints, or official requests.
9. DATA SECURITY
We use appropriate technical and organizational security measures to protect the personal data we store from manipulation, partial or total loss, and unauthorized access by third parties (e.g., data encryption during transmission, access control, etc.). Our security measures are continuously improved in line with technological developments.
We take reasonable precautions to protect your information. Transmitting information over the Internet and other electronic means always carries some security risks, and we cannot guarantee the security of information transmitted in this way.
10. HOW TO KEEP UP WITH CHANGES TO THIS PRIVACY POLICY
In a world where technology constantly evolves, we regularly review this privacy policy and update it as necessary.
The current version published on our website applies. Any changes will be posted on our website or through our usual communication channels.
