1 Introduction
Section mise à jour leThis notice is provided under articles 13 and 14 of Regulation (EU) 2016/679 (the “GDPR”) and of Italian legislative decree no. 196 of 30 June 2003 (Personal Data Protection Code). It sets out which personal data are processed, for which purposes and on which legal basis, how long they are kept, to whom they are disclosed and which rights the Data Subject has.
For the purposes of this notice, “Controller” means the company identified in section 2 and “Data Subject” means the natural person to whom the data relate: the website visitor, the person sending a request, the client, the guest on board, the job applicant. The notice covers the website, the client panel and the performance of the charter. Information on data stored in the browser is set out in the Cookie policy.
2 Data controller
Section mise à jour leThe data controller is Thandosa Yachting S.r.l., with registered office at Via Casaraia 12, 80049 Somma Vesuviana (NA), Italy, VAT number and tax code 11161691214. Its further identification details are set out on the Company details page.
For any matter concerning the processing of personal data the Data Subject may contact the Controller at the email address thandosayachting@gmail.com, at the certified email address (PEC) thandosasrl@pec.it or by post at the registered office.
The Controller has not appointed a data protection officer (DPO), as the conditions of article 37 of the GDPR are not met: the Controller's core activities do not consist of regular and systematic monitoring of Data Subjects on a large scale, nor of large-scale processing of special categories of data.
3 Categories of data processed
Section mise à jour leThe Controller processes only the data necessary for each activity, set out below activity by activity.
3.2 Quote requests
The following are processed: first and last name, email address, phone number, number of guests (adults and children), the dates requested and whether they are flexible, the destination chosen or described, the water toys and services requested, the occasion and any notes entered, and the channel through which the Data Subject came to know the Controller. The website language, the page from which the request originated and, where the Data Subject comes from an external website, only the name of that website, for example a search engine, are also recorded.
A quote may also be requested by phone, by email or via WhatsApp; in that case the Controller's staff records it in the panel with the same data and the same rules of this notice apply.
Until submission, the data entered remain stored only in the Data Subject's browser and are not transmitted to the Controller; they are deleted automatically after 24 hours, on submission or with the “Delete and start again” command (Cookie policy).
On submission of a form the Controller records the declaration that this notice has been read and, in the quote, the acceptance of the confidentiality terms, with date and time, version of the text and its digital fingerprint. Such record does not constitute consent to processing but proof that the information was provided, under article 5, paragraph 2, of the GDPR.
3.3 Support messages and email
The following are processed: first and last name, email address, phone number, the topics selected, the text of the message and, where given, the reference of a request. The phone number is used to contact the Data Subject again: support requests are handled by phone and what is agreed is confirmed by email. To exercise the rights referred to in section 8 the email address is sufficient.
Emails sent directly to the Controller, even without using a form, are recorded in the panel: in the Data Subject's file, where one exists, or among the support messages, together with the sender's name and address. The Controller replies from the panel.
3.4 Website chat
The following are processed: the messages written, the attachments sent, the page from which the Data Subject writes and, where no operator is online and the Data Subject asks to be notified of the reply, the name and the email address or phone number. Any reports and the rating given to the conversation are also recorded. Attachments are checked by an antivirus on the Controller's server before they are opened. A technical cookie (thandosa_chat) keeps the conversation active and the browser keeps an indication of its existence (thandosa:chat), in order to show replies not yet read.
During the conversation the operator sees whether the Data Subject is connected and whether they are typing; this information is not stored. For each message the time of delivery and the time of reading are recorded, and are also visible to the Data Subject. Messages written in a language other than Italian are translated automatically by a program installed on the Controller's server, without the use of external services; the original text is always kept next to the translation.
Where the Data Subject has left an email address or phone number in order to be notified of the reply, the notification is sent by the means indicated: by email or by a WhatsApp message (section 3.12).
3.5 Proposal and client panel
The proposal can be consulted through a personal link sent by email. On opening, the date and time, the device type, the IP address and the approximate city derived from the IP address using a database installed on the Controller's server (DB-IP) are recorded, without the address being disclosed to third parties. These data are processed to establish that the proposal has been received and to protect access to it.
When the Data Subject replies to the proposal (“Interested”, “Request changes” or “Not interested”), the reply, the note and the reason optionally given are recorded, together with the same data collected on opening: date and time, device type, IP address and approximate city.
Access to the client panel is by means of the credentials sent by email; the password is stored only in the form of a cryptographic fingerprint. The panel stores the devices used for access (device name, IP address, approximate city, date of first and last access), so that credentials are requested only once per device. The Data Subject may disconnect a device with the “Sign out of this device” command. For the client area an access code of limited validity is sent by email.
On first access the Data Subject accepts the confidentiality terms relating to the information made available, such as the bank details; the acceptance is recorded together with the version of the text.
3.6 Performance of the charter
Where the proposal is accepted, the following are also processed:
- billing data: for a natural person, name, address, country and tax code; for a legal person, company name, VAT number, recipient code or certified email address;
- amounts, payments and the bank-transfer receipts uploaded by the Data Subject;
- the signed contract, uploaded to the panel or sent via WhatsApp;
- the list of persons on board: first and last name of each guest and date of birth of minors;
- a copy of the identity document of the person signing the contract, accessible only to the Controller and authorised operators, to the exclusion of the crew;
- the preferences given for the day, such as boarding, destinations and stops, preferred food and drinks, music, occasions to celebrate, the age of children, any susceptibility to seasickness or first experience on a boat of any guest, the request for photographs on board;
- the email correspondence exchanged, kept in the file together with the panel messages;
- the automatic notifications sent by email about the steps still to be completed.
The list of persons on board is processed in order to know with certainty who is on board, for the safety of navigation and for checks by the maritime authority; the signatory's document is processed in order to identify the contracting party with certainty.
Guests' data are provided to the Controller by the person signing the contract, who is asked to bring this notice to the attention of the persons named, under article 14 of the GDPR.
3.7 Health data and dietary requirements
Section mise à jour leIn the preferences form the Data Subject may indicate, for themselves and for the guests, allergies (among the fourteen allergens listed in Regulation (EU) No 1169/2011 or others), intolerances, whether an allergy is severe and the diets followed, such as a vegetarian, vegan, gluten-free, halal or kosher diet.
Allergies, intolerances and diets followed for health reasons constitute health data; diets followed for religious reasons may reveal religious beliefs. These are special categories of data under article 9 of the GDPR, processed only with explicit consent, given by ticking the box next to the answer, and solely in order to prepare safe and suitable food and drinks on board.
Such data are accessible only to the persons preparing the charter, to the chef where requested, and to the crew. They are deleted automatically the day after the charter ends, together with the consent. Consent may be withdrawn at any time by removing the relevant answers from the form and saving, or by notifying the Controller; withdrawal does not affect the lawfulness of processing carried out beforehand. Without consent the other services of the charter remain unchanged, but the Controller cannot take those requirements into account.
In the other forms the Data Subject is asked not to enter health data concerning themselves or others. Should this occur, the Controller's staff deletes the data from the note or requests it separately, explaining its purpose and obtaining explicit consent.
3.8 Photographs of the charter
Where the Data Subject answers yes to “Photos on board” in the preferences form, the crew takes photographs during the charter and makes them available in the client panel. The Data Subject may also upload their own photographs to the panel. The photographs depict the Data Subject and the guests: the person signing the contract shall inform the guests, as provided for the list of persons on board (section 3.6).
Subject to consent given in the client panel, the Controller may publish the photographs of the charter on the website and on its social media channels. The consent is separate from any other, optional and revocable at any time from the panel; withdrawal takes effect for the future.
3.9 Reviews
After the charter the Data Subject may leave a review in the panel, including the rating, the text, the aspects appreciated and those to be improved. The Controller may also invite the Data Subject to leave a review on Google, where Google's privacy notice applies.
At present reviews are not published on the website. Before publishing them the Controller will update this notice, stating how it verifies that reviews come from clients who actually took the charter, as required by article 22, paragraph 4-bis, of the Italian Consumer Code.
3.10 Applications through the “Careers” section
The following are processed: the role, first and last name, email address, phone number, languages spoken, years of experience, professional qualifications, knowledge of the Gulf, availability, the message and the CV in PDF format, checked by an antivirus. These data are processed solely to assess the application. Subject to consent, the application is also kept for subsequent selections.
Until submission, the draft application remains stored only in the Data Subject's browser; the CV is not included in it.
3.11 Waiting list
Where the date requested is already reserved, or has previously been requested by another client, the Data Subject's request is placed on the waiting list for that date and the Data Subject is informed by email, with a personal link. Through that link the Data Subject may choose a nearby free date, stay on the list or leave it. Should the date become available, the Controller informs the Data Subject. Other clients on the list do not see the Data Subject's name, nor does the Data Subject see theirs.
3.12 WhatsApp
Where the Data Subject contacts the Controller via WhatsApp, the phone number, profile name and messages are processed solely in order to reply. The Controller also contacts the Data Subject via WhatsApp at their request, for example to notify them of a reply in the chat, or where the Data Subject has provided their number for a request or a charter. Documents sent via WhatsApp, such as the signed contract, are stored in the Data Subject's file. The service is provided by WhatsApp Ireland Limited, which processes the messages as an independent controller under its own privacy policy.
4 Purposes and legal bases of processing
Section mise à jour le| Purpose | Legal basis |
|---|---|
| Responding to the quote request, preparing and sending the proposal | Pre-contractual measures taken at the Data Subject's request (article 6, paragraph 1, letter b), of the GDPR) |
| Responding to support, chat and WhatsApp messages | Pre-contractual measures or performance of the contract (article 6.1.b); for messages not relating to a charter, the Controller's legitimate interest in responding to those who contact it (article 6.1.f) |
| Performance of the charter: client panel, payments, preferences, list of persons on board, signatory's document, photographs on board where requested, communications | Performance of the contract (article 6.1.b); for the list of persons on board and the signatory's document, also the Controller's legitimate interest in safety on board and in the certain identification of the contracting party (article 6.1.f) and, where required by the maritime authority, compliance with a legal obligation (article 6.1.c) |
| Issuing invoices, keeping accounts, fulfilling obligations towards the tax authorities and the maritime authority | Compliance with a legal obligation (article 6.1.c) |
| Processing of allergies, intolerances and diets relating to health or religious beliefs | Explicit consent (article 9, paragraph 2, letter a), of the GDPR) |
| Publication of charter photographs on the website and on social media | Consent (article 6.1.a), revocable at any time |
| Assessing the application and, on request, keeping it for subsequent selections | Pre-contractual measures taken at the Data Subject's request (article 6.1.b); consent for retention beyond the current selection (article 6.1.a) |
| Knowing the pages from which requests originate and establishing that the proposal has been opened | The Controller's legitimate interest in improving the service and managing the proposals sent (article 6.1.f), to which the Data Subject may object (section 8) |
| Protection of the website, the panel and payments: server logs, anti-abuse count, device code, stored devices, IP address and approximate city of accesses, record of operations performed in the panel | The Controller's legitimate interest in security (article 6.1.f) |
| Notifying the Controller and operators of new communications | The Controller's legitimate interest in handling requests and messages promptly (article 6.1.f) |
| Establishment, exercise or defence of legal claims | The Controller's legitimate interest (article 6.1.f) |
The Controller does not use personal data to send advertising communications and has no newsletter. Should it introduce one, it will request specific and separate consent, by means of a box that is not pre-ticked.
5 Retention period
Section mise à jour leEach category of data is kept for the period indicated in the following table, running from the event specified therein: the sending of the request, the last message, the end of the charter.
| Data | Retention period |
|---|---|
| Quote request not followed by a charter, with the related file, the proposal, the correspondence, the preferences and the accesses to the panel | 24 months from the sending of the request; thereafter automatic deletion |
| Contract, invoices, payments and receipts of a charter | 10 years from the end of the charter, under article 2220 of the Italian Civil Code for accounting records and the related supporting documents, corresponding to the ordinary limitation period for rights arising from the contract (article 2946 of the Italian Civil Code) |
| Other data of a charter performed: the file, the list of persons on board, the preferences for the day, the correspondence and panel messages, the accesses to the panel | 10 years from the end of the charter, together with the contract, in order to demonstrate how the charter was performed in the event of a dispute |
| Copy of the signatory's identity document | 90 days from the end of the charter; in the event of a dispute arising within that period, until it is resolved |
| Allergies, intolerances and dietary requirements given with consent | Until the day after the end of the charter; thereafter automatic deletion, together with the consent |
| Support messages | 24 months from the last message; thereafter automatic deletion |
| Website chat conversations and their attachments | 24 months from the last message; where the conversation relates to a charter performed, for the period provided for the other data of that charter |
| Applications | 12 months from submission, or 24 months where the Data Subject has asked for it to be kept for subsequent selections; thereafter automatic deletion |
| Photographs taken on board by the crew or uploaded by the Data Subject to the panel | 12 months from the end of the charter |
| Charter photographs published with consent | Until consent is withdrawn |
| Reviews | For the period of publication; where not published, 24 months from when written. The Data Subject may request their removal at any time |
| Proof that the notice was read and the terms accepted | For the period provided for the data of the request, application or charter to which it relates |
| Entry on the waiting list | For the period provided for the request to which it relates |
| Emails queued on the Controller's server | 30 days from sending; 90 days in the event of non-delivery |
| Emails in the Controller's mailbox | For the period provided for the request or charter to which they relate; in other cases, 24 months from the last message |
| WhatsApp messages | 24 months from the last message |
| Records of forms not sent | 90 days |
| Count of submissions for the prevention of abuse | A few minutes, in the server's memory |
| Server access logs | 30 days |
| Device code and related data | 12 months from the last request or message sent from the device |
| Openings of and replies to the proposal, and devices stored in the client panel | For the period provided for the file to which they relate |
| Sessions of the staff private area | 90 days, plus 30 days after expiry |
| Record of operations performed in the panel | 10 years, in line with the contracts, payments and invoices to which the operations relate |
On expiry of the above periods the data are deleted or anonymised. They are kept longer only where necessary for the defence of a right in a dispute that has already arisen, and only for its duration.
6 Recipients of the data
Section mise à jour leWithin the Controller's organisation the data are accessible to the Controller and to the persons authorised to use the panel, each within the limits of their duties. The crew access only the data necessary for the day, such as the list of persons on board and the preferences, to the exclusion of the identity document and payments.
The following process the data on behalf of the Controller, as processors appointed by written contract under article 28 of the GDPR:
- Hetzner Online GmbH, Germany, provider of the server hosting the website, the panel and the database;
- Google (Gmail service), provider of the mailbox used to send and receive messages;
- Aruba S.p.A., Italy, for electronic invoicing and its legally compliant storage;
- the Controller's accountant, for tax compliance.
The following process the data as independent controllers, under their respective notices: WhatsApp Ireland Limited, where the Data Subject uses WhatsApp; Google, where the Data Subject leaves a review on Google; the banks executing transfers.
The data are disclosed to public authorities only in the cases provided by law, such as to the Italian Revenue Agency for invoices and to the maritime authority for charter formalities.
7 Place of storage and transfers outside the EU
Section mise à jour leThe website, the panel and the database are hosted in a data centre located in Germany, within the European Union.
The provider of the mailbox, Google LLC, may also process the data outside the European Economic Area, in the United States. The transfer to Google takes place on the basis of a safeguard provided by the GDPR: the European Commission's adequacy decision on the EU-US Data Privacy Framework, to which Google adheres, or the standard contractual clauses.
Where WhatsApp is used, the service is provided by WhatsApp Ireland Limited and, for its operation, the data may be transferred to other companies of the Meta group, including outside the European Union, with the safeguards described in its notice.
8 Rights of the Data Subject
Section mise à jour leThe Data Subject has the right, at any time and free of charge, to obtain from the Controller:
- confirmation as to whether data concerning them are being processed and access to such data, with a copy (article 15 of the GDPR);
- the rectification of inaccurate data and the completion of incomplete data (article 16);
- the erasure of the data, where there is no legal obligation to retain them (article 17);
- the restriction of processing pending verification of a challenge they have raised (article 18);
- the portability of the data in a structured, machine-readable format, or their transmission to another controller (article 20);
- to object to processing based on the Controller's legitimate interest (article 21): in that case processing ceases, unless there are overriding legitimate grounds, which are communicated to the Data Subject.
Where processing is based on consent, the Data Subject has the right to withdraw it at any time, without affecting the lawfulness of processing based on consent before its withdrawal.
How to exercise these rights. Requests are addressed to the email address thandosayachting@gmail.com, to the certified email address (PEC) thandosasrl@pec.it or by post to the registered office (Via Casaraia 12, 80049 Somma Vesuviana (NA)). The Controller replies within one month of receipt, under article 12 of the GDPR; that period may be extended by two further months in view of the complexity of the request, in which case the Data Subject is informed within the first month.
9 Complaint to the supervisory authority
Section mise à jour leWhere the Data Subject considers that the processing of data concerning them infringes the GDPR, they have the right to lodge a complaint with the Italian Data Protection Authority (Garante per la protezione dei dati personali, Piazza Venezia 11, 00187 Rome, garanteprivacy.it) or to bring proceedings before the courts. The Controller invites the Data Subject to contact it first, so as to allow a quicker solution.
10 Mandatory or optional nature of the provision of data
Section mise à jour leThe provision of name, email address and phone number is necessary to respond to requests and is mandatory in the forms that mark it as such; failing this the Controller cannot follow up the request. To exercise the rights, the email address is sufficient, even without using the form (section 8). The charter data referred to in section 3.6 are necessary for the performance of the contract. The provision of any other data, such as notes, the route, water toys, preferences, photographs and reviews, is optional.
11 Automated decision-making
Section mise à jour leThe Controller does not take decisions based solely on automated processing that produce legal effects concerning the Data Subject, nor does it carry out profiling. Every request is assessed by the Controller or by authorised staff. The panel's automatic notifications, such as reminders of steps to be completed, do not constitute decisions.
12 Minors
Section mise à jour leThe website is not directed at minors. Requests and charter contracts are made by adults. The data of minors who board, namely first name, last name and date of birth, are provided to the Controller by the adult responsible for them.
13 Security measures
Section mise à jour leThe website uses encrypted connections (HTTPS). Access to the panel is protected by authentication; passwords are stored only as fingerprints and the database does not contain the session code but only its fingerprint. Staff sessions expire at the latest after 90 days. Every operation on client data is recorded together with its author. Uploaded files are checked by an antivirus before they are opened.
In the event of a personal data breach the Controller notifies the Italian Data Protection Authority within seventy-two hours, where required by law, and informs the Data Subject where the breach is likely to result in a high risk to their rights and freedoms (articles 33 and 34 of the GDPR).
14 Amendments to this notice
Section mise à jour leThis notice is updated whenever a substantial change occurs, such as the introduction of a new provider or a new purpose. The date shown at the top indicates the latest update; previous versions are available on request.