What you will find here

This document summarises the fundamental principles of personal data processing by yachting.com as far as our company’s recording of telephone calls on client lines with (potential) contractual partners is concerned. In light of the fact that personal data might be processed during the recording of telephone calls, meaning the data of the clients and of third parties (for example potential clients of yachting.com or members of the crew), yachting.com hereby provides the persons concerned with the following information about the specific way in which personal data are processed, in accordance with the provisions of the relevant legal regulations.

Who is the controller of your personal data?

We are the controller of the personal data processed in this way: the company yachting.com, s.r.o., Company Number: 275 86 421, having its registered office at Plynární 1617/10, Holešovice 170 00 Praha 7, Czech Republic, entered in the Commercial Register maintained at the Metropolitan Court in Prague, file C 117181.

Whose personal data do we process?

We process the personal data of our clients, and of potential clients, and of other persons who phone us on the client line. Should the caller provide us with the data of a third party, for example a member of the crew, we also process those personal data.

What personal data do we process?

In light of the fact that a telephone call is recorded, it is impossible to identify in advance which personal data this manner of processing will concern, meaning that we process the personal data with which you provide us during the call. This will likely involve the following categories of personal data: your basic identification data, descriptive data, and contact details. 

We include in basic identification data, in particular, your first name, surname, surname at birth, place of residence, address of place of permanent residence, date of birth, place and country of birth, Personal Number, if one has been assigned, and data specified on an Identity Card or passport. 

Contact details are other correspondence address, telephone number, and e-mail address.

We consider your descriptive data to be the telephone communication that you have with us, your bank account number, information about payments made, and general data associated with your person. 

We will also process data to concern a specific call, meaning the date and time (and length) of the call. And if you communicate them to us, we will also process personal data about third parties, as the members of your crew.

For what purposes do we process personal data?

In this section we present an overview of the purposes for which we will use your personal data. It is common for each piece of data to be used for multiple purposes. The means of processing, the duration of processing, etc., thereafter stem from the set purposes of use. In certain cases laid down in Directive (EU) No 2016/679, we may process your data for purposes other than those specified hereunder, but these are only exceptional and limited cases which the Directive conditions on prior satisfaction of other conditions.

Personal data are processed in order to negotiate a contract and to enter into a contract, to fulfil our statutory and contractual obligations, to protect our legitimate interests in keeping records of contractual relationships, keeping records of warranty claims, checking the action of parties with regard to performing a contract, and for direct marketing purposes (we shall, however, not use actual recordings for direct marketing). Recordings can also be used as evidence in judicial or administrative proceedings. 

The provision of personal data might be a statutory or a contractual requirement, depending on the nature of the data provided. Not providing the data required to enter into a contractual relationship renders it impossible to enter into that contract.

What is the legal foundation of processing?

As with the purpose of processing, each piece of data might be processed based on multiple legal grounds for processing. If all legal grounds cease to exist, we will stop processing your data. 

In some cases, though, legal regulations impose on us the obligation to retain documents and communications with clients. One such regulation is Act No. 170/2008 Sb. on the distribution of insurance, as amended, which imposes on us the obligation to retain documents and records of communications relating to the distribution of insurance. In such cases our basis for personal data processing is fulfilment of the legal obligation imposed by the relevant law.  

Another legal ground for personal data processing is performance of a contract that we have entered into with the Client, negotiations about a contract with a potential client, or proving that a contract was concluded within the bounds of a call. 

Finally, the ground for personal data processing might also lie in protecting our legitimate interests in keeping records of contractual relationships, keeping records of warranty claims, checking the action of parties with regard to performing a contract, interest in protecting our rights, and interest in directly marketing our services.

How long will we process personal data?

The term of retaining and processing telephone calls differs according to the subject-matter of telephone communication with yachting.com and whether you are a client, a potential client, or a third party. yachting.com retains recordings for the period laid down by legal regulations (Act No. 170/2008 Sb. on the distribution of insurance, as amended) on the ground of legitimate interest (if a relevant case, for example business instructions) and thereafter for the period of time when the client or yachting.com may, according to the relevant legal regulations, exercise the rights and claims arising from such communication against each other, i.e. with consideration for the limitation periods laid down in Act No. 89/2012 Sb. 

Recordings will generally be retained for 1 year. This period of time may be exceeded in a particular individual case, for example if a judicial dispute is initiated with the concerned person or a public authority conducts an inspection.

How does the processing procedure work?

yachting.com will process personal data in its computer systems, or in the processing systems of processors providing call recording as a cloud service. You are not under obligation to accept call recording. If you do not agree with call recording, contact us using another channel of communication, for example chat or e-mail.

To whom will we provide your personal data?

Recordings (and the personal data therein) may be made accessible to the authorised employees of yachting.com, to state supervisory bodies, to persons to whom personal data must be made accessible pursuant to and in accordance with the provisions of the relevant legal regulations, to the subject to whom yachting.com is authorised to make personal data accessible for the purpose of protecting rights and obligations arising from negotiations on entering into a contract or from a contractual relationship itself, and to the companies which carry out activity for yachting.com based on outsourcing or other contracts on the provision of services in which such companies will act as personal data processors. 

Other possible recipients of personal data are the bodies of public administration, courts, insurance companies, legal representatives, companies providing advice to yachting.com, companies providing services to yachting.com (including auditing services), companies within the same group as yachting.com, bank and non-bank registries, card associations, contractual partners, banks, and subjects involved in the assurance of payment systems. 

The personal data of the clients of yachting.com are not transferred to third countries.

What to do if you disagree with call recording

You will always be alerted to the fact that a call on the relevant client line is being recorded (be told that the call is being recorded).

If you do not wish for your call to our client line to be recorded, please contact us in some other way, for example chat or e-mail. 

If the legal ground for personal data processing is the legitimate interest of yachting.com (mainly processing data for keeping records of contractual relationships and protecting the rights of yachting.com and third parties), you have the right to lodge an objection to such personal data processing on grounds to concern your specific situation. In such case yachting.com will cease processing such personal data, unless there are serious legitimate grounds in place for processing which override your own interests or rights and freedoms, or if they are processed on another legal ground. You may lodge an objection to processing by e-mail at info@yachting.com. Please state in the e-mail the specific situation leading you to the conclusion that yachting.com should not process the data. You should note that even in the cases specified above it is sometimes possible that parallel processing will proceed for other purposes which justify yachting.com in continuing to process such data.

When direct marketing is the purpose of processing your data (sending e-mails, advertising phone calls), you need not justify your objection in any way.

What other rights do you have in connection with personal data processing?

As the data subject, meaning the person whose personal data are involved, you have, in connection with the processing of personal data by yachting.com pursuant to and under the terms and conditions laid down in Directive (EU) No 2016/679, the right to request of yachting.com access to the personal data which concern you, the right of rectification of personal data, the right of erasure and restriction of their processing, and the right of portability of your personal data. Last, but not least, you have the right to lodge a complaint with the supervisory authority (Úřad pro ochranu osobních údajů - Office for Personal Data Protection). 

You can exercise your rights at the yachting.com registered office or by e-mail at info@yachting.com. yachting.com will handle your request within a maximum of 30 calendar days, unless a special time limit is laid down for particular exercise of your rights by Directive (EU) No 2016/679; the provisions of Directive (EU) No 2016/679 also apply to the extension of the time limit. 

This document was issued on 16 February 2021.