Last updated: March 28, 2019

The following Privacy Policy governs the processing of personal data by SAILSENSE ANALYTICS SA, a company incorporated and existing under the laws of Belgium, with registered offices at Place Sainte-Gudule 5, 1000 Bruxelles, listed in the Belgian Trade and Companies Register under n° 678.558.847 (hereinafter “Sailsense” or “we” or “us”).

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Sailsense is committed to protecting and respecting your privacy.

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The purpose of this Privacy Policy is to specify which categories of personal data Sailsense collects through its business activities, its website https://www.sailsense.io/, subdomains and/or folders, applications, tools, services and any other means relating to information or communication, including emails (hereinafter collectively referred to as the “Services”). It also describes how such data may be processed and disclosed to others. The Privacy Policy further sets out the different measures Sailsense has implemented to safeguard the security and confidentiality of the personal data it collects, how you can exercise your rights and how you can contact us about our privacy practices.

Sailsense cares about the privacy of the users of its Services and all others whose personal data may be collected (hereinafter “User” or “you” or “your”) and will only collect and process personal data in accordance with the provisions of this Privacy Policy.

Sailsense, being the Data Controller, will act in compliance with the Belgian Act of 30 July 2018 on the protection of natural persons with regard to the processing of personal as well as with the General Data Protection Regulation (Regulation EU of 27 April 2016) and as further detailed in the present Privacy Policy (“Applicable Data Protection laws”).

Should you have any questions about this Privacy Policy or the feeling that your interests are not or inadequately represented, you can contact us via email: privacy@sailsense.io or by addressing a letter to the following address:

SAILSENSE ANALYTICS SA
To the attention of the Privacy Manager
Place Sainte-Gudule 5
1000 Bruxelles, Belgium

According to the Applicable Data Protection laws, you may be entitled to file a complaint with your local  Supervisory Authority or the lead Supervisory Authority, being the Belgian Data Protection Authority (address: Rue de la Presse 35, 1000 Brussels –  email: commission@privacycommission.be).

This will generally be the case when you are located within the European Economic Area (hereinafter the “EEA”). We would appreciate it however that, prior to filing any complaint, you contact us in order for us to assist you with your request or concern.
Sailsense may change this Privacy Policy from time to time. But when we do, we’ll let you know one way or another. Sometimes, we’ll let you know by revising the date at the top of the Privacy Policy that’s available on our website or through our other applications, tools, … Other times, we may provide you with additional notice (such as adding a statement to our website’s homepage or providing you with an in-app notification). Modified versions will have immediate effect, unless stated otherwise.
Please note that the Services may contain links to other websites or Internet resources which may collect personal data voluntarily or through cookies or other technologies.  Sailsense has no responsibility, liability for, or control over those other websites or Internet resources or their collection, use and disclosure of your personal data. Sailsense recommends you to review the privacy policies of those other websites and Internet resources to understand how they collect and use personal data.

Data Processed by Sailsense

The categories of personal data which can be processed by Sailsense when using the website, the application, the web application, subscribing to our Services or interacting in any other way with us are the following:

(a) Profile details: your name, address, telephone number, email address.

While we make every effort to ensure that your personal data is accurate, complete and up to date, you can help us considerably in this by promptly notifying us if there are any changes to your data by contacting our Privacy Manager.

(b) Smartphone location: in case of issue reported, check-in (first access), checkout (vacating), checklist (notification of action to be taken), and connection to a boat.

In any case, when the smartphone location is collected, only one location point is collected. Sailsense shall not collect the location of the smartphone in a way that would allow to reconstruct the journey and shall thus not record the journey.

(c) Smartphone informations: smartphone model, operating system version, technical specifications…

Shall only be collected in the event of an issue/bug, in order to solve the issue.

(d) Data collected via automated means (not applicable to the use of the mobile application)

We might collect certain information by using automated means, such as cookies, when you visit our website, pages or use other of our Services (but not when you interact with our mobile application). This information may include your IP address, login information, browser type, operating system, the full URLs, referring URLs and information on actions taken or interaction with our Services. We may use third-party web analytics services on our websites and other digital assets, to help us analyze how visitors use our website and other digital assets. For more details please see our Cookie Policy.

The processing of personal data identified under points (a), (b) and (c) is necessary for the performance of the contract Sailsense has with its Users. Apart from address and telephone number, Sailsense shall not be able to provide the Services in absence of the concerning personal data. The processing of personal data identified under point (d) is necessary for Sailsense’s legitimate interests in order to deliver and improve its Services.

Users can’t disclose personal data to Sailsense about another person unless this person has consented to this in accordance with this Privacy Policy.

Sailsense will not collect any sensitive data. This includes data such as: data relating to race or ethnic origin, religious beliefs, criminal record, physical or mental health, or sexual orientation from Users. Sailsense will, if necessary, obtain your explicit consent to collect such data.

The User undertakes to communicate correct personal data to Sailsense. The User can change this personal data at any time. Sailsense cannot be held liable for any malfunctioning in the Services due to erroneous personal data communicated by the User or modifications to the User’s personal data by third-party tools.

Purpose of the processing

Sailsense will process this data for the following purposes:

• to provide you with the Services (connection and identification of the User, notifications customization,…);
• to ensure the proper functioning of the system, to detect any fraud, solve any bugs/issues;
• to administer, operate, facilitate and manage your relationship and/or account with us, including (if applicable) invoicing purposes, contacting you or your designated representative(s) by post, telephone, email etc.;
• to operate, evaluate and improve our business (including developing new products and services, troubleshooting, data analysis, testing and research and statistical and survey purposes); analyzing our products, services, websites, and any other digital assets; facilitating the functionality of our websites, and any other digital assets; to ensure the content of our website is presented in the most effective manner for you and for your computer; and performing accounting, auditing and billing activities (not applicable to the use of the mobile application);
• as may be required by applicable laws and regulations or requested by any relevant judicial process or governmental agency.

Your rights

Under Applicable Data Protection Law, you may have certain rights regarding the personal data we process about you. We may also offer you certain choices about what personal data we collect from you, how we use that data, and how we communicate with you.
You can choose not to provide personal data to us.  You also may refrain from submitting data directly to us.  However, if you do not provide your personal data when requested, or if you exercise your rights, you may not be able to benefit from the Services (as applicable), and we may not be able to provide you with information about Services.
To the extent provided by Applicable Data Protection Law, you may withdraw any consent you previously provided to us, or object at any time to the processing of your personal data.  We will apply your preferences going forward. In some circumstances, withdrawing your consent to our use or disclosure of your personal data will mean that you cannot take advantage of certain Services. In addition, you may have the right to: request access to and receive information about the personal data we maintain about you, receive copies of the personal data we maintain about you, update and correct inaccuracies in your personal data, object to the processing of your personal data, and have the information blocked, anonymized or deleted, as appropriate. You may also have a right to data portability, which implies that Sailsense can supply (at your request) your data to you and / or to a third party in a structured and machine-readable form.
To exercise these rights, please contact our Privacy Manager.
The rights above are likely to apply to you if you are based in the EEA and may be limited in some circumstances by local law requirements including Applicable Data Protection Law. The rights can be exercised free of charge unless the requests are manifestly unfounded or excessive. In the latter cases, Sailsense can either charge a reasonable fee or refuse the requested action.
Sailsense will ensure that for its marketing activities it will comply with the applicable legislation (including the Applicable Data Protection Laws) and that it will obtain, where required, the necessary consents before the User receives any emails or other electronic communication from Sailsense or one of its partners. You can demand at any time to stop the sending of such information by clicking on the unsubscribe button in the received electronic communication.

Disclosure of personal data

Although Sailsense may transfer personal data to so-called business partners, consultants or other service providers for the performance of the Services (as applicable) or any other contract we enter into with them or you, we will not share data with third parties for secondary or unrelated purposes unless otherwise stated when collecting this data.

Sailsense may share the collected personal data with the following service providers, that will process the data in its name and on its behalf:
• Google Cloud Platform, in order to provide technical services,
• Hubspot, in order to provide support and knowledge base,
• In case of an user renting a boat, the owner of the boat will have access to the user email and name, in order to provide services like checkins, billing and issue management.

If Sailsense gets involved in a merger, asset sale, financing, liquidation or bankruptcy, or acquisition of all or some portion of our business to another company, we may share your information with that company before and after the transaction closes.

Where appropriate or required, Sailsense will be entitled to transmit personal data to law enforcement authorities, regulatory or other government agencies, or third parties where necessary or desirable to comply with legal or regulatory obligations or in the context of the above-mentioned purposes.

As the case may be, one or more of the above may be located outside of the EEA. Where applicable, your personal information will be processed in compliance with section « International data transfers ».

Retention period

 Sailsense does not store the data longer than legally admissible and in any case not longer than required for the purposes for which it was collected unless otherwise required or authorized by Applicable Data Protection Law.  We take measures to destroy or permanently de-identify your personal data if required by law or if your personal data is no longer required for the purpose for which we collected it.

All personal data we collect in the framework of the Services are stored during the use of the Services and during the duration of the contract between the boat owner and Sailsense. All personal data shall be deleted one month after the end of the contract between the boat owner and Sailsense.

International data transfers

The personal data we collect from you shall not be transferred to, and stored at, a destination outside the EEA.

Security of data

The security of personal data is important to us.  Sailsense shall take all reasonable and appropriate technical and organizational measures to protect the security, confidentiality and integrity of personal data. In particular, Sailsense will take appropriate measures to prevent any accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to personal data.

Where we have given you (or where you have chosen) a password which enables you to access certain parts of our website or other digital assets, you are responsible for keeping this password confidential.  We ask you not to share a password with anyone.

Unfortunately, the transmission of information via the internet is not without any risks. The User consequently acknowledges that we cannot guarantee the security of her/his personal data to our website or other digital assets (such as our applications, tools, …); any transmission is at your own risk.  We will however do our best to protect your personal data once we have received it and will use strict procedures and security features to try to prevent unauthorized access.