PRIVACY POLICY
When you visit, interact or shop online with us through website, social media pages, email, we will collect and process information that relates to you, known as personal data.
In this notice we will explain what personal data we collect about you, why and what we do with them.
Please note that this privacy notice may change. Any changes will become effective when we post the revised privacy notice on our website.
1. WHO IS THE CONTROLLER?
Malta Boat Charters is responsible for this privacy notice. This legal entity is referred to as “we” or “us” in this document. You can contact us at the address listed at the end of this privacy notice.
2. WHAT INFORMATION DO WE COLLECT AND WHY?
2.1. To handle your purchases, provide (Customer) services and fulfill other requests
2.1.1. Bookings, purchases and accounts
When you purchase an item via our website or if available, we collect your name and your company name (in case you are a small business), full postal and/or separate billing address, e-mail address, ordered items, invoice information and other data relating to fulfilling your booking. Furthermore, we collect data you choose to provide us with additional fields, such as your date of birth and telephone number.
We use this data because it is necessary to conclude, execute and manage your purchase and to handle your booking. Please note that in some cases requested information may be mandatory. If you do not provide us with a name, we will not be able to book a charter.
2.1.2. Customer service and other requests
We also collect data to answer your queries on the phone, via post, via email or online via a chatbot or online form. In such case we will only ask you to provide the data necessary to handle your request (to manage our contractual relationship with you and/or comply with a legal obligation).
When you interact with chatbots (automated messengers) we will also record what you respond to these chatbots, how you interact with them and we will store data related to the device that you use. Depending on the platform for the chatbot and your permission, we may collect device data such as: IP address, social media handle, time zone, country and GPS location. The platform that provides the chatbot may also collect some of this data. For example if the chatbot is provided on Facebook, Facebook may collect your user data as well. We also collect other information in relation to the fulfillment of your request such as chat content.
We may process this data because it is necessary to manage our contractual relationship with you in case your request is related to an order or because we have a legitimate interest in helping you and thereby improving our services.
2.1.3. (Changed) terms, conditions or notices
We are required by law to inform you about any (changes in) terms and conditions, and notices that apply to the relationship that we have with you. In order to comply with these legal obligations, we may use your contact details such as your email address to inform you.
2.1.4. Payments and check fraudulent credit card usage or excessive credit card charge backs
We have to process your personal data in order to process your payment if you buy something with us. Your data will be shared by the payment providers we partner with. These payments providers are also a data controller in relation to your data used for payment purposes. If you have any questions regarding the use of your personal data by the payment providers, please contact the payment providers directly.
If you wish to pay your order by credit card, we will have a credit check performed in order to establish whether your personal data is not associated with fraudulent credit card usage or excessive credit card charge back. For this purpose, our payment service provider will use your name and banking account details. We do not collect information related to the payment instrument that you use, e.g. credit card information ourselves. This information is processed solely by our payment service provider and by the providers of the payment instruments subject to strict information security assurances. We have this check performed to protect our legitimate business interest to prevent fraud and financial loss, or comply with our legal obligations.
2.2. To maintain our relationship with you through (digital) marketing initiatives and social listening
2.2.1. Newsletters, promotional communications or clickable links in an e-mail
Where you consent or where we have a legitimate interest to do so, we will collect your e-mail address and/or mobile number and/ or your postal address to send you our newsletter and other commercial messages. In addition, we will retain a history of the e-mail and SMS messages that we sent to you and we will record what you do with these messages (for example, if you open them or click on their content). Please note that you can unsubscribe at any given moment via the ‘unsubscribe’ or ‘ opt out’ button below each email, or by requesting us to do so via the contact details set out below or in the relevant commercial message.
2.2.2. Personalized experience and improvement of online experience
When you visit our websites, we will drop cookies, pixels and other digital tools with similar functionality (“cookies”) on your browser or device that enable us to understand you better and personalize your experience with us and our communication and marketing towards you.
2.2.3. Personalized targeted advertising
Based on your online purchase history, your behavior on websites (visited pages, links clicked) and interaction with chatbot(s), we will set-up and maintain your personal digital marketing profile to make sure that we only show you advertisements that will most likely suit your personal taste. This is called targeted advertising. The more successful we are in targeted advertising, the higher our (prospective) Customer satisfaction.
To be able to show you targeted advertisements, we can also match your data profile with Customers that have a similar profile.
In order to support our targeted advertising we make use of a Data Management Platform (“DMP”).
In the DMP information is collected on how our consumers respond to our products, brand and advertisements. This information is collected from different sources available to us online and mobile, for instance when you are visiting our website. Next to that it is enriched with information collected by others, such as data relating to the local weather. Based on that information the DMP can help our marketing teams to find and define relevant segments of online audiences to direct marketing campaigns at to best reach them, within and beyond Malta Boat Charters digital channels. If your digital marketing profile falls within such a segment you will probably receive our advertising tailored to the interests of the segment we placed you in on Facebook, Google properties, online properties of so-called affiliate parties and other online and offline locations and materials, which is targeted advertising.
We may also use the data for retargeting by showing you a targeted advertisement on a third-party website that is linked to an event on our website, for example a specific purchase that was abandoned.
In addition, Facebook, Google and other online and social media actors can independently register your use of our advertisements. Please read the privacy policies of such third parties as we are not responsible for the personal data they process for their own purposes.
You can request us to remove your digital marketing profile by sending us an e- mail to the contact e-mail address that is displayed below.
We only use your data for targeted advertising if you have given your consent for the placement of cookies of and the collection of personal data via the cookie. Our use of cookies, pixels and other digital tools with similar functionality, is described in more detail in our cookie notice which can be found below.
2.2.4. Social listening
If you actively communicate about us or our brands on social media, we collect a copy of your communication. For example, if you use #MaltaBoatCharters in relation to one of our items we will retain a copy of the tweet and may use it for our brands awareness. In order to enable us to do so, we contracted a third parties for the provisioning of social listening services. Please note that any information you post or disclose through these services will become public and may be available to other users and the general public.
Also, if you disclose any personal data relating to other people to us or to our service providers in connection, you represent that you have the authority to do so and to permit us to use the personal data in accordance with this privacy notice. If you choose to connect your social media account to your Malta Boat Charters account (where such feature is available), you will share certain personal data from your social media account with us, for example, your name, email address, photo, list of social media contacts, and any other information that may be or you make accessible to us when you connect your social media account to your Malta Boat Charters account. We will engage in these activities to manage our contractual relationship with you, with your consent or where we have a legitimate interest.
2.3. To improve our services and items
We process your personal data in order to identify usage trends and service personalized content (e.g., item, size recommendations) across website. The information that we gain is used to further improve our services and our items, for instance to help create and design our new collection, or to make improvements to current collections so as to meet your expectations.
For example, if you actively communicate about us or our brands on social media, interact with our chatbot or our customer service we may use your input improve our services and items. We will engage in this activity where we have a legitimate interest.
2.4. To manage and improve the functionality of our websites
When you visit our website we will drop cookies, pixels and other digital tools with similar functionality (“cookies”) on your browser or device that enable us to improve the design and functioning of our websites, the responsiveness of our chatbot(s) and to enable the technical and functional management of our websites (including maintaining information security), for example by identifying parts of the website that have a low latency. We will engage in this activity where we have a legitimate interest. Our use of cookies, pixels and other digital tools with similar functionality, is described in more detail in our cookie notice which can be found below.
2.7. To accomplish our other business purposes
If necessary we may use your personal data to manage security and fraud, for example, to detect and prevent cyberattacks or attempts to commit identity theft. Furthermore, we may use your personal data to protect our rights and to defend against lawsuits and to respond to legal and regulatory duties, such as requests from public and government authorities. We engage in these activities to comply with a legal obligation or because we have a legitimate interest.
3. USE BY MINORS
Please note that our website is not directed to individuals under the age of sixteen (16). We ask that you do not post comments or submissions of anyone under that age.
4. WHO HAS ACCESS TO YOUR PERSONAL DATA?
Your personal data can be accessed by our employees to the extent that this access is required to enable them to perform their work for us. In addition, we disclose personal data to:
- Our affiliates for the purposes described in this privacy notice.
- Our third party service providers who facilitate the administration of our websites, marketing initiatives (including contests, sweepstakes and similar promotions) and other business needs, for example data hosting, data analysis, information security and technology and related infrastructure provision, customer service, auditing, payment service providers, marketing service providers, and other business purposes.
- Other individuals with whom you elect to share your personal data including: for example, third parties with whom we partner or interact with, including marketing partners and social media parties.
- Public authorities, justice and law enforcement, fiscal authorities and other authorities assigned with investigative powers or public authority pursuant to applicable law.
5. HOW LONG DO WE RETAIN YOUR PERSONAL DATA?
We retain your personal data for the period that you actively interact with us. You are no longer considered to be actively interacting with us if, for a consecutive period of two (2) years, you have not purchased an item from us or have not visited our website. After this two (2) year period we will only retain specific personal data that need to be retained (i) in light of the purpose(s) for which they were obtained (ii) if required to comply with a legal obligation or (iii) if necessary to protect our rights and legal position.
The personal data that we use to send you direct marketing communications will be used (processed) by us until you opt-out from receiving them.
7. YOUR RIGHTS
You have the right to request us to:
- provide you with access to your personal data that we collect and process,
- rectify or erase personal data,
- restrict the processing of your personal data,
- provide an electronic copy of your personal data for purposes of transmitting it to another company,
- or to object to the processing.
To do so, you may send us an e-mail to the contact e-mail address listed below.
If you wish to opt-out from receiving direct marketing communications you can click the opt-out link in the respective message. For your rights in relation to cookies, please check our cookie notice which can be found below.
You are also entitled to lodge a complaint with a data protection authority for your country or region or where an alleged infringement of applicable data protection law occurs. A list of data protection authorities is available at this link: here.
BROWSING DATA AND COOKIES
Browsing data
During their normal operation, the computer systems and software procedures used to operate the Website acquire some personal data, the transmission of which is implicit in the use of Internet communication protocols.
This information is not collected to be associated with identified persons, but by its very nature could allow users to be identified through processing and association with data held by third parties.
These data are used for the sole purpose of obtaining anonymous statistical information on the use of the Website and to monitor its correct operation, and are deleted immediately after processing.
The data could be used to ascertain responsibility in the event of hypothetical computer crimes to the detriment of the Website. With the exception of this eventuality, the data are stored for the time established by the relevant legal regulations, or in general for the time strictly necessary to provide the user with the service requested to guarantee the transmission of the communication.
Cookies and other tracking tools
Cookies are usually strings of text that websites (so-called publishers or “first parties”) visited by the user or other websites or web servers (so-called “third parties”) directly or indirectly place and store on the user’s terminal device.
The information encoded in the cookies may include personal data such as an IP address, a username, a unique identifier or an email address, but may also contain non-personal data such as language settings or information about the type of device a person is using to browse the website.
Cookies can therefore perform important and varied functions including monitoring sessions, storing information on specific configurations regarding the users accessing the server, facilitating the use of online content etc.
Types of cookies
Cookies can have different characteristics in terms of their duration (session or permanent) or subjectivity (depending on whether the publisher is acting on its own or on behalf of a “third party”). However, the classification that mainly meets the needs of protecting the user is one based on two macro categories:
● technical cookies, used for the sole purpose of “transmitting a communication over an electronic communications network, or to the extent strictly necessary for the provider of an information service explicitly requested by the contractor or user to provide such service”. These cookies can be installed on the user’s terminal without consent, either based on the need to respond to a request or on the legitimate interest of the Company.
● profiling cookies, used to link specific actions or recurring behavioral patterns in the use of the functions offered (patterns) to specific, identified or identifiable parties in order to group the various profiles within uniform clusters of various sizes, so that among other things the controller can modulate the provision of the service in an increasingly personalized manner beyond what is strictly necessary for the provision of the service, as well as send targeted advertising messages, i.e. in line with the preferences expressed by the user while browsing the web. This type of cookie can be downloaded to the user’s terminal only with the user’s consent.
Among other things, cookies may also be used to assess the effectiveness of an information society service provided by a publisher, to design a website or to help measure its “traffic,” i.e. the number of visitors, including by geographic area, connection time or other characteristics. These identifiers, defined as analytics cookies, can be included in the category of technical cookies, and as such may be used without the prior consent of the data subject, provided that the following conditions are met:
● They are only used to produce aggregate statistics and in relation to a single website or mobile application.
● At least the fourth component of the IP address is masked for third-party cookies.
● Third parties refrain from combining these analytics cookies with other data (e.g. customer files or statistics of visits to other websites) or from transmitting them to third parties.
If these conditions are not met, analytics cookies require the user’s consent in order to be downloaded.
Finally, cookies may also be used to enable interaction and easy sharing of content on social networks and/or to enable the sending of targeted advertisements based on user preferences (social cookies). These cookies also require the user’s consent.
3.6.2 List of the cookies used by the Website
This Website uses cookies for technical, analytical, and statistical purposes, to improve the user’s interaction with the Website via social networks and to personalize the sending of information and advertising communications according to the user’s interests (profiling).
(A) Technical cookies
Below we list the name, purpose, and duration of each technical cookie used by the Website:
- google-analytics.com
The user’s prior consent is not required for the installation of technical cookies. In any case, all browsers allow changing cookie settings.
(B) Other types of cookies (profiling, analytics, social)
Below we list the name, the relevant third party if the cookie is not first party, the purpose, and the duration for each cookie used by the Website that does not fall into the category of technical cookies.
For all information relating to third-party cookies and how to opt out of individual cookies, see the respective policies and the tool provided by the third party to opt out of the individual cookie.
The following tool provided by Your Online Choices can also be used to control your preferences by opting out of third-party cookies: https://www.youronlinechoices.com/
- google.com – https://policies.google.com/privacy?hl=en
- googleadsense – https://policies.google.com/privacy?hl=en
- facebook.com – https://www.facebook.com/privacy/explanation
- twitter.com – https://twitter.com/en/privacy
(C) Other social functions (e.g. plugins)
In addition to the cookies mentioned above, the Website also incorporates plugins and/or buttons in order to allow easy sharing of content on the following social networks: Facebook, Instagram, Twitter, YouTube. If a user does not wish the social network to record data relating to their visit to the Website, they must log out of the social network account and delete the cookies that the social network has installed in the user’s browser.
For certain activities the Company and social networks may also act as joint controllers pursuant to art. 26 of the GDPR, specifically when the Company jointly determines the purposes and means of the processing with the social network through the collection and transmission of the user’s data to the social network via a plugin. In such cases the Company adheres to the contractual terms of the social network, which may include joint controller agreements.
Finally, note that in any case joint control does not extend to processing carried out by social networks in relation to which the Company does not determine the purposes and means of processing (e.g. operations carried out by the social network after the User’s data have been disclosed by the Website).
With regard to the collection and use of information by social networks, please refer to their respective privacy policies.
‒ Facebook (cookie policy link)
‒ Instagram (cookie policy link)
‒ Twitter (cookie policy link)
‒ YouTube (cookie policy link)