Privacy Policy

We, at Ankor Software Pty Ltd (“Akor“, “we“, “us“, “our“), operate and provide a platform which provides listing information in relation to yachts (the “Platform“) as part of, and in conjunction with, our website [www.ankor.io](the “Website“) (the Platform and Website
together referred to as the “Digital Media“).

We believe it is important to protect the privacy of personal information and for you to know what type of information we collect and how we treat information we may receive from you.

In this Privacy Notice, we detail what we do with your personal data in our role as data
controller. We also set out how we collect personal information about you when you use our services or communicate with us, including when you download or interact with information in our Digital Media, or by third party users of the Digital Media.

Where we process your data as a data processor on behalf of third party agents, information about the handling of your personal data with be set out in their privacy notices.

This Privacy Policy should be read in conjunction with the Platform’s Terms of Use.

How we collect your personal information

We may collect and store the following types of personal information about you in the following ways:

  • When you use our Digital Media;
  • When you communicate with us (for example, by e-mail or telephone);
  • When you use our social media functions;
  • Through automatic collection through cookies, server logs and other similar
    technologies; or
  • Where third parties provide your data to us (for example, by agents acting on your behalf).
The types of information we collect

We may process the following personal data about you:

  • “Contact Information” means your first and last name, your address, your telephone number and your email address;
  • “Profile Information” means your username, password and other registration information used on our Digital Media;
  •  “Identity Information” means information about you, such as your age, date of birth, country of residence, medical conditions, allergies, passport details, details of yachts you have chartered or worked on, or financial information;
  •  “Communication Information” means information in connection with communications you send us, for example, to report a problem or submit queries and might include voice recordings of telephone calls;
  •  “Data and Usage Information” means data about how you use our Digital Media, including details of the functions and services you use on our Digital Media, your visits to our Digital Media, traffic data, location data and weblogs;
  •  “Technical Information” means information about the type of internet browser and operating system you use, your device’s IMEI number, the MAC address of the device’s wireless network interface, mobile network information and the time zone setting; and
  •  “Cookie and Tracker Information” means information we collect through cookies and similar technologies, which may include Data and Usage Information and Technical Information.
Our legal basis for processing your personal information

We shall only process your personal data where we have a legal basis for doing so. These legal bases include:

  • “Contractual obligation” which means our processing of your personal information is necessary for performance of contracts to which you will be a party to and in order to take steps at your request prior to you entering into those contracts
  • “Legitimate interests” which means our processing is necessary for the purposes of legitimate interests pursued by us. Primarily our legitimate interests are to provide our services to you or our other customers. Other legitimate interests may include we are conducting the processing to make sure: (i) the Digital Media is safe, efficient and customised; (ii) you receive updated information on Ankor’s business activities; (iii) to provide the services you have requested; (iv) to ensure that the content on our Digital Media is presented in the most effective manner for you and your device; (v) to allow you to participate in any features on our Digital Media when you choose to do so; and (vi) for our own marketing and research.
  •  “Legal obligation” which means our processing is necessary for us to comply with the law or a court order.
  • “Consent” which means you have provided your explicit consent to our processing and, in the context of this Privacy Policy, shall only relate personal data we collect and process through cookies and similar tracking technologies. For more information on cookies, please refer to our Cookie Notice.
Our purposes for processing your personal information
Purpose Categories of personal data Legal Basis
To provide the Digital Media services to our customers
  • Contact Information
  • Profile Information
  • Identity Information
  • Communication Information
  • Data and Usage Information
  • Technical Information
  • Contractual Obligation
  • Legitimate Interests
  • Legal Obligation
To provide access to our Digital Media and to ensure you have a safe, smooth, efficient, and custo
  • Profile Information
  • Technical Information
  • Data and Usage Information
  • Contractual Obligation
  • Legitimate Interests
To train our employees
  • Communication Information
  • Legitimate Interests
  • Legal Obligation
To prevent, detect and investigate potentially prohibited or illegal activities and enforce our Terms of Use
  • Contact Information
  • Profile Information
  • Identity Information
  • Legitimate Interests
  • Legal Obligation
To manage, customise and improve our services and content on the Digital Media
  • Technical Information
  • Data and Usage Information
  • Legitimate Interests
To make sure you receive updated information about our services
  • Contact Information
  • Legitimate Interests
To provide you with targeted marketing and promotional offers
  • Contact Information
  • Profile Information
  • Data and Usage Information
  • Legitimate Interests
To ensure that the content on the Digital Media is presented in the most effective manner for you and your device
  • Technical Information
  • Data and Usage Information
  • Cookie
  • Legitimate Interests
  • Consent
To allow you to participate in any features on the Digital Media when you choose to do so
  • Technical Information
  • Data and Usage
    Information
  • Cookie
  • Legitimate Interests
  • Consent
For our own research to understand the trends in the Yacht industry and the Digital Media’s place within it.
  • Technical Information
  • Data and Usage
    Information
  • Legitimate Interests
Sharing your personal information

Except as expressly set out in this Privacy Policy or our Terms of Use, we do not share, sell, or lease your personal information to any third-parties. We also will never share your
personal information with any third parties for the purposes of direct marketing.

We may disclose your personal information to provide our services, respond to legal
requirements, enforce our policies and protect our rights and property. The personal
information you provide to us may also be shared with affiliated companies if this is
necessary to provide you with our services, respond to your inquiries or for any other related purposes.

We may also share your personal information with:

  • Our affiliates.
  •  Other companies we have instructed to provide services for us, including payment
    collection or service providers and other third parties for those purposes that may be reasonably ascertained from the circumstances in which the information was submitted. We will only provide those companies the information they need to deliver the service and they are prohibited from using that information for any other purpose(s);
  • Law enforcement agencies, other governmental agencies or third parties if we are required by law to do so, or in other limited circumstances. For example, we may share your personal information if required by a court order or regulatory authority,
    or if we believe that such action is necessary to prevent fraud or cyber-crime or to protect our Digital Media, our technology assets or the rights, property or personal
    safety of any person).
  • Other business entities should we plan to merge with or be acquired by that business entity, or if we undergo a re-organisation with that entity.

Information for Data Subjects in the EEA or UK

If you are a data subject based in the European Economic Area (“EEA”) or the United
Kingdom (“UK”), we may transfer your personal information outside of the EEA or UK to a jurisdiction that does not provide protection of personal data that is essentially equivalent to that which is provided under the applicable law of EEA or UK. We will only do so, however, for the purposes which we have described in this Privacy Policy. In particular, your personal information will be transferred to, and stored in Australia and may be processed by staff operating in Australia who work for us, or for one of our service providers.

When we, or our permitted third parties, transfer your information outside the EEA or UK (either to Australia or elsewhere), we or they will impose contractual obligations on the recipients of that data to protect your information to the standard required in the UK or EEA. We or they may also require the recipient to subscribe to international frameworks intended to enable secure data sharing. In the case of transfers by us, we will only transfer your information outside of the EEA or UK where: (i) the transfer is to a country deemed by the UK government or European Commission to provide adequate protection of your information; (ii) where you have consented to the transfer; or (iii) where such transfer is otherwise permissible under Data Protection Legislation (for example where we are required to provide such information by law).

Your rights

You have a number of rights concerning the way that we use your information. At any time, you have the right to:

  • be informed about the processing of your personal data (i.e. for what purposes, what types, to what recipients it is disclosed, storage periods, any third party sources from it was obtained, confirmation of whether we undertake automated decision-making, including profiling, and the logic, significance and envisaged consequences);
  • request access to or a copy of any personal data we hold about you;
  • request the rectification of your personal data, if you consider that it is inaccurate;
  • request the erasure of your personal data, if you consider that we do not have the
    right to hold it;
  • object to your personal data being processed for a particular purpose or to request
    that we stop using your information;
  • request not to be subject to a decision based on automated processing and to have
    safeguards put in place if you are being profiled based on your personal data;
  • ask us to transfer a copy of your personal data to you or to another service provider
    or third party where technically feasible; and
  • ask us to stop or start sending you marketing messages at any time by using the
    below contact details (see “Opt Out” below).
Security and storage of your information

Although we maintain physical, electronic, and administrative safeguards to protect your
personal information from unauthorised or inappropriate access, the transmission of information via the internet is not completely secure and we cannot guarantee the security of your personal information transmitted to us or provided though our Digital Media. Personal information that you submit may be sent to, and stored on, secure servers owned by or operated for us by third-party providers. Any payment transactions carried out by our chosen third-party provider will be encrypted using appropriate technology. We may collect and store personal data on your device using application data caches or browser web storage. If we collect personal information about you through the use of our Digital Media we will only retain that information for as long as is reasonably necessary to fulfil the activity requested, or as may be required by law.

How long we keep your information

If we collect personal information about you through the use of our Digital Media we will only retain that information for as long as is reasonably necessary to fulfil the purpose for which the data was collected by us, or as may be required by law. We may retain recordings of telephone calls for up to 6 years in order to help resolve any potential disputes and improve the quality of our services.

Opt-Out

If you provide us with personal information, you will be given a choice at the time to “opt out” of certain uses we may intend (such as sending you newsletters, updated information about us, our services and offers) by checking or un-checking (as directed) the relevant box.

You also have the option of “unsubscribing” from our mailing list for newsletters, alerts and updates at any time, thereby disabling any further such e-mail communication from being sent to you. To unsubscribe just send an e-mail to [insert email] with the word ‘remove’ in the subject line and the email address that you wish to be removed within the email. In addition, each electronic mailing we send you will contain details of how you can unsubscribe.

Please note that it may take up to 28 days to action your request.

Contacting Us

If you have any questions about this Privacy Policy or a query or complaint about our use of your information, please contact us at: [email protected]

We will endeavour to respond to you within 30 days of you contacting us with a complaint and attempt to resolve the complaint as quickly as possible. If you are unsatisfied with our response, you also have the right to make a complaint to:

  • the Information Commissioner’s Office, which regulates and supervises the use of
    personal data in the UK, via their helpline on 0303 123 1113; or
  • the Office of the Australian Information (OAIC), who is the regulator responsible for the Australian Privacy Principles which govern the use of the personal information in Australia, in writing via the OAIC’s secure online form, by email to [email protected] or by post to GPO Box 5218, Sydney NSW 2001.
Changes to this Policy

We may amend this Privacy Policy at any time by posting the amended terms on the Digital Media. All amended terms will automatically take effect immediately on posting. Please check this Privacy Policy periodically to inform yourself of any changes. If you do not accept the changes made to this Privacy Policy you should immediately stop using our Digital Media.