DEEP BLUE SOFT APPLICATION PRIVACY POLICY

 

This Deep Blue Soft Application Privacy Policy (“Privacy Policy”) describes how and why Deep Blue Soft Monaco S.A.R.L, a private limited company having its registered seat in: c/o The Office L+Albu, 17 Ave. Albert II, 98000 Monaco (“Company”) processes personal data of users (“Users”) of Deep Blue Soft Application (“DBS App”) and provides Users with transparent information on processing and protection of their personal data and personal data uploaded to DBS App by Users, and with their rights and obligations related to data processing.

This Privacy Policy applies to DBS App and to Company’s services related to DBS App, but it does not concern any websites that data subjects may visit by external links.

Except where explicitly provided differently herein, Company is the “data controller” and shall determine what information is needed to be collected, how long it should be used, who can it be shared with and under what conditions.

“Customer” is a yacht owner or a yacht owner representative or a yacht management company which purchases DBS App.

User” is an individual who is authorised by Customer to use DBS App (including Customers’ employees,  consultants,  contractors  or  agents  and  third  parties  with  which  Customer transacts business). In order to activate access to and start using DBS App User must explicitly confirm to comply with this Privacy Policy and DBS App rules and basic terms and conditions of use.

Types of personal data collected and purposes for processing

The  following  types  of  personal  data  may  be  collected  from  Users  and  processed  by

Company during the use of DBS App:

Personal data collected by Company

Purpose for processing

name and surname

for identification and authentication purposes

e-mail address

to enable communication with Users

telephone number

to enable communication with Users

encoded passwords

to provide secure access to Users’ account

billing information such as account number,

tax ID etc.

to  obtain  and  process  payment  and  to

enable Company to comply with its legal and regulatory obligations

online  identifiers  such  as  IP  addresses,

browser type, browser versions

to analyse and improve Users’ experience

crash  logs,  diagnostics  and  performance data

to enable online help and support to Users, or prevent any malfunctions or improve the general performance of DBS App

 

Subject to any applicable legal requirements and in compliance with Customers’ own rules and regulations Users may choose voluntarily to upload to DBS App various other types of personal data for features within DBS App (such as demographic information, information on closest   living   relative,   medical   data,   visas,   passports,   driving   licenses   and   similar documents). In such cases Company shall be considered as data processor and not as data controller.

 

Cookies

Company uses session cookies limited to each individual session in order to offer better user experience and to enable certain functions of DBS App in particular enabling it to recognise a User and respond appropriately. Cookies used are small files saved on User’s computer or mobile devices. Cookies are not used for personal identification and do not retrieve any other information from User’s computer, pass on viruses or capture User’s e-mail address.

To use DBS App efficiently Users should accept cookies. If Users refuse cookies they should revoke their acceptance. In such case the function(s) of DBS App may be restricted.

How the personal data are collected by Company

Company will only collect personal data that Users voluntarily provide to Company or have agreed to have provided to Company. Company will not collect any personal data about Users without advising them (either by way of this Privacy Policy or by way of providing the User with some other form of notice or agreement) why and how that personal data is being collected and how such personal data will be used or disclosed.

How personal data are shared or disclosed

Company does not share Users’ data with anyone. However, in case of crash logs, diagnostics, performance data Company may share such data with third parties (service providers) who provide to Company services that enable DBS App to operate (e.g. technical experts, hosting providers etc.). In such cases Company shall impose on service providers to the same level of data protection as set in this Privacy Policy.

Users must be aware that Customers may have their own rules related to monitoring, sharing and accessing personal data uploaded to DBS App by Users for features within DBS App. Users should always comply with such rules as well as any other legal requirements pertaining to personal data protection.

Company shall not transfer any personal data to a third country or an international organization, unless required to do so by a court of competent jurisdiction, other legal or regulatory authority, or European Union law or any other law to which Company is subject. In such a case Company shall inform User of that legal requirement before processing, unless that law prohibits such information on important grounds of public interest

Company reserves the right that in the event of a bankruptcy filing, mergers with third parties, acquisition by third parties, sale of assets (all or partial), or any other transfer of all or substantially all of the Company’s relevant assets to a third party, that the Company shall be entitled to share (or sell as an ancillary aspect of the overarching business transaction) the personal data provided to company by Users to such third party.

Retention of personal data

Company shall process personal data only as long as necessary for the purposes for which it is used or until Users’ request to delete them. Company will typically retain users’ personal data for as long as they use DBS App or their DBS App account, after that time the personal data shall be deleted or anonymised. DBS App Users shall be entitled to request a copy of their data before they are deleted or anonymised in accordance with provisions of the applicable license agreement.

Security and storage of personal data

Using a commercially reasonable level of skill and care and taking into account the nature, scope, context and purposes of processing personal data, Company shall implement appropriate technical and organisational measures to ensure a level of security which is in conformity with the generally accepted industry standards.

Company shall ensure that persons authorised to process personal data have committed themselves to confidentiality or are under an appropriate statutory or contractual obligation of confidentiality.

Company shall ensure protection against unauhorised or unlawful processing and against accidental loss, destruction or damage of personal data by:

–     using encryption protocol to encrypt communications,

–     providing physical and technical security of all offices, storage rooms, system servers and other facilities used for providing its services (including appropriate alarm system, video supervision and fire alarm system);

–     preventing unauthorised access by a system of passwords, system logs and firewalls;

–     securing redundant data storage system;

–     providing regular data backups.

 

Data subject rights

Users have the following rights related to their personal data processed by Company:

–     to access their personal data;

–     to demand correction or rectification of their personal data;

–     to demand erasure of their personal data (in certain circumstances);

–     to restrict or object to the use of their personal data (for certain purposes); and

–     to request transfer of their personal data to a third party.

 

Users who wish to exercise their rights or have any other concerns, complaints or questions regarding privacy or data protection may contact Company’s data protection officer by email or in writing to the following addresses:

–     email address: dpo@deepbluesw.com

–     writing address: Data Protection officer, Deep Blue Soft Monaco, c/o The Office

L+Albu, 17 Ave. Albert II, 98000 Monaco

 

Users also have the right to file a complaint with Data Protection Authority of Monaco (Commission  de  Contrôle des Informations Nominatives  – CCINN) at: https://www.ccin.mc/en/, or with relevant regulatory body in the territory they live and work.

Governing law and jurisdiction

This Privacy Policy is subject to laws of the Principality of Monaco, and to EU Regulation

2016/679 and any dispute related to compliance with data protection laws and regulations by data controller shall be submitted to the courts of the the Principality of Monaco.

Upates

This Privacy Policy may be updated from time to time and published on Company’s website: www.deepbluesw.com/docs/privacy.html. Users are requested to review this page regularly and check for updates.

 

Date: March 1,  2024