Last updated 4 June 2024

 

INTRODUCTION

1.1 This Privacy Policy (“Privacy Policy”) describes the Personal Information (defined below) that we collect about you, how we will use such personal information, who we may disclose it to and your responsibilities, rights and choices in relation to your personal information. Please read the following terms carefully before using any Products or services.

1.2 In this Privacy Policy references to:

1.2.1 we, us or our means Sunseeker USA Sales Co, Inc., a Delaware corporation, registered in Delaware and Florida, with a mailing address of 4000 Hollywood Blvd., Ste 555-S, Hollywood, FL 33021;

1.2.2 you or your means the person or user accessing and using our Website, including a customer or potential customer of our Products, or a supplier or dealer (or an employee or contractor of such a supplier or dealer);

1.2.3 Website means Sunseeker-usa.com; 

1.2.4 Personal Information is personal data provided by you and which may identify you; and

1.2.5 Products means yachts and/or related products and merchandise and/or services which may be purchased from us, including via our Website.

 

WHO IS RESPONSIBLE FOR THE PERSONAL INFORMATION THAT WE COLLECT?

2.1 With respect of Personal Information that is collected and processed by us through your use of our Website, we are a data controller for the purpose of data protection law.

2.2 We are also a data controller in certain circumstances with respect to your Personal Information that is collected and processed by us in connection with your purchase and/or use of our Products or if you are our supplier or dealer (or an employee or contractor of such a supplier or dealer), or if you submit a speculative job application.

2.3 If you have any questions regarding this Privacy Policy or the way we use your Personal Information, you can contact us at dataprotection@sunseeker.com 

 

WHAT PERSONAL INFORMATION DO WE HOLD ABOUT YOU?

3.1 The Personal Information we collect includes:

3.1.1 Information that you provide to us:

1. your name and contact information (including email, telephone and postal address);
2. your marketing preferences;
3. data relating to your use of our Products (to the extent this constitutes Personal Information);
4. account log-in information and password; and
5. your resume or CV.

This information may be provided:

1. in the course of communications between you and us (including by phone, email or otherwise);
2. as part of a supplier quotation or tender process;
3. when you purchase or subscribe to our Products;
4. in the course of our warranty and after-sales services;
5. when you complete our forms (including forms on our Website such as the enquiry form on the 'Contact Us' section);
6. when you attend our boat show stands;
7. via our social media pages, other social media content, tools and applications; and
8. when you submit a speculative job application or upload a resume or CV to Jobtrain.

3.1.2 Personal Information does not include:

1. Publicly available information from government records;
2. Deidentified or aggregated consumer information; or
3. Information excluded from the scope of applicable law, such as:

1. Health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data; or
2. Personal Information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver's Privacy Protection Act of 1994.

3.1.3 Information we collect from you

1. With regard to each of your visits to our Website, we may automatically collect the following information:

(i) technical information, including the Internet Protocol (IP) address used to connect your computer or device to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform; and

(ii) information about your visit, including the website you originated from before landing on our Website and the website you went to from our site (including date and time); products you viewed or searched for; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page; and

1. Data relating to your use of our Products including tracking data from the

automatic identification system (AIS) used on our yachts.

3.1.4 Information we receive from other sources

1. your name and contact information (including email, telephone and postal address) in connection with referrals or queries from Sunseeker dealers and distributors.

 

INFORMATION ABOUT THIRD PARTIES

4.1 In the course of your dealings with us you may provide us with Personal Information relating to third parties. For example, we may collect Personal Information about consultants acting on your behalf (e.g. brokers), such as their name and contact details, or about references you provide as part of a job application.

4.2 We will use this third party Personal Information in accordance with this Privacy Policy. If you are providing Personal Information to us relating to a third party, you confirm that you have the permission of the third party to share such Personal Information, and that you have made the terms of this Privacy Policy available to such third party.

 

HOW DO WE USE THE PERSONAL INFORMATION WE COLLECT ABOUT YOU?

5.1 Your Personal Information may be used by us, our employees, and service providers, and may be disclosed to third parties for the purposes set forth below:

5.1.1 to communicate with you and other individuals about our Products and to respond to any queries that you submit to us;

5.1.2 to provide you with a quote or proposal for our Products;

5.1.3 to obtain from you a quote or proposal for your Products or services;

5.1.4 to carry out our obligations arising from any contracts entered into between you and us and to provide you with our Products;

5.1.5 to enforce or apply the contracts concerning you (including contracts between you and us);

5.1.6 to provide warranty and after-sales services;

5.1.7 for credit checking our suppliers and prospective suppliers;

5.1.8 to notify you about changes to our Website;

5.1.9 to attend and manage your requests to us;

5.1.10 to provide you with information about the Products that we offer;

5.1.11 to comply with any legal or regulatory obligations (including in connection with a court order);

5.1.12 to prevent and detect fraud, financial crime and anti-money laundering;

5.1.13 to assess your suitability for a job with us;

5.1.14 to carry out market research; for example, we may contact you (including by email) to obtain your feedback on our products, and we may use details of your purchases to understand market trends and to identify popular products and services; and

5.1.15 to understand how our users use our Website and how we can improve the Website.

 

6. WHO MAY WE DISCLOSE YOUR PERSONAL INFORMATION TO?

6.1 We may share your Personal Information with:

6.1.1 our business partners, suppliers and sub-contractors for the performance of any contract we enter into with you. For example, we may engage third party service providers to, (i) fulfil orders, (ii) deliver packages, (iii) process returns, (iv) send postal mail and email, (v) provide marketing assistance, (vi) process card payments, (vii) provide customer service and (viii) handle claims. The third parties who process card payments may also share your information with other organizations in connection with the payment processing, including (ix) their agents, service providers and affiliates, (x) organizations involved in the clearing and settlement of payments, (xi) law enforcement agencies and fraud detection/prevention organizations, (xii) our and your bank, and (xiii) any other third party to meet any legal obligation or where the third party has a legal right to request the information;

6.1.2 our shareholders and ultimate beneficial owners; 

6.1.3 our dealers, distributors or retailers. Where you have indicated that you would like to be contacted by one of our dealers, distributors or retailers of products or spare parts, we will pass on your Personal Information to the dealer, distributor or retailer for this purpose. We have no control over the use of your information by our dealers, distributors or retailers and if you have any concerns over how they have handled your Personal Information, please contact them directly;

6.1.4 credit reference agencies;

6.1.5 other professional advisers (including accountants, lawyers and insurers) that assist us in carrying out our business activities;

6.1.6 police and other law enforcement agencies in connection with the prevention and detection of fraud or other criminal activity; and

6.1.7 any other third parties if we are under a duty to disclose your Personal Information in order to comply with any legal obligation or instructions of a regulatory body (including in connection with a court order), or in order to enforce or apply the terms of any agreements we have with or concern you (including agreements between you and us), or to protect our rights, property or safety of our customers, employees or other third parties.

6.2 We may also disclose your Personal Information to other third parties, for example:

6.2.1 if we or substantially all of our assets are acquired by a third party (or are subject to a reorganization within our corporate group), Personal Information held by us will be one of the transferred assets; and

 

7. WHERE WILL WE TRANSFER YOUR PERSONAL INFORMATION?

7.1 We will process your Personal Information both within and outside the United States (US). Where we transfer personal data outside of the US, we will implement appropriate and suitable safeguards to ensure that such Personal Information will be protected as required by applicable data protection law.

7.2 Please contact us on dataprotection@sunseeker.com if you want further information on the

specific mechanism used by us when transferring Personal Information out of the US.

 

HOW LONG WILL WE KEEP YOUR PERSONAL INFORMATION

8.1 We will retain your personal information with us for as long as we need it to fulfill the purposes for which it was collected, including as may be required by applicable third party retention policies. We may need to retain certain information for longer periods such as record-keeping / reporting in accordance with applicable law or for other legitimate reasons, including enforcement of legal rights, fraud prevention, etc. Residual anonymous information and aggregate information, neither of which identifies you (directly or indirectly), may be stored indefinitely.

8.2 If you purchase a Product from us we will generally keep your Personal Information for 6 years after the date of purchase. Where the Product purchased is a yacht, we will generally keep your Personal Information for 6 years from the end of the relevant warranty period.

8.3 Please note that the above retention periods may be extended where we need to preserve and use Personal Information for the purposes of bringing or defending a legal claim. In such cases, we will continue to hold and process your Personal Information for as long as is necessary to deal with the legal proceedings.

 

YOUR RIGHTS

9.1 You have certain rights with respect to your Personal Information. Depending on the law that applies, you may have a right to access and rectify or erase your personal data or receive a copy of your personal data, restrict or object to the active processing of your data, ask us to share (port) your Personal Information to another entity, withdraw any consent you provided to us to process your data, a right to lodge a complaint with a statutory authority and such other rights as may be relevant under applicable laws..

9.2 If you wish to exercise any of these rights, please contact us at

dataprotection@sunseeker.com. We will respond to your request in accordance with applicable law.

 

THIRD PARTY LINKS

The Website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for how they handle your Personal Information. When you leave our Website, we encourage you to read the privacy notice of every website you visit.

 

COOKIES

11.1 Cookies are small text files that may be stored on your device when you access a website or open an email. We use various cookies and similar tracking technologies (eg tags, pixels, web beacons, etc) on our Website and in other ways. Full details of what we use and how you can choose to block cookies and delete cookies are available in our Cookie Policy at www.sunseekerusa.com/cookie-policy

1. Changes to our privacy policy

Any changes we make to this Privacy Policy in the future will be posted on this page and, where appropriate, actively communicated on our Website or by email. The updated Privacy Policy will take effect as soon as it has been updated or otherwise communicated to you.

 

CCPA Privacy Policy

This privacy notice section for California residents supplements the information contained in our Privacy Policy and it applies solely to all visitors, users, and others who reside in the State of California.

Categories of Personal Information Collected: we collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular Consumer or Device. The following is a list of categories of personal information which we may collect or may have been collected from California residents within the last twelve (12) months.

Please note that the categories and examples provided in the list below are those defined in the CCPA. This does not mean that all examples of that category of personal information were in fact collected by us but reflects our good faith belief to the best of our knowledge that some of that information from the applicable category may be and may have been collected. For example, certain categories of personal information would only be collected if you provided such personal information directly to us.
 

• Category A: Identifiers. Examples: A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, driver's license number, passport number, or other similar identifiers.
  
  Collected: Yes.
   
• Category B: Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)). Examples: A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories.
  
  Collected: Yes.
   
• Category C: Protected classification characteristics under California or federal law. Examples: Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).
  
  Collected: No.
   
• Category D: Commercial information. Examples: Records and history of products or services purchased or considered.
  
  Collected: Yes.
   
• Category E: Biometric information. Examples: Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.
  
  Collected: No.
   
• Category F: Internet or other similar network activity. Examples: Interaction with our Service or advertisement.
  
  Collected: Yes.
   
• Category G: Geolocation data. Examples: Approximate physical location.
  
  Collected: Yes.
   
• Category H: Sensory data. Examples: Audio, electronic, visual, thermal, olfactory, or similar information.
  
  Collected: No.
   
• Category I: Professional or employment-related information. Examples: Current or past job history or performance evaluations.
  
  Collected: Yes.
   
• Category J: Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)). Examples: Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.
  
  Collected: No.
   
• Category K: Inferences drawn from other personal information. Examples: Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
  
  Collected: No.

Under CCPA, personal information does not include:

• Publicly available information from government records
• Deidentified or aggregated consumer information
• Information excluded from the CCPA's scope, such as:
  • Health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data.
  • Personal Information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver's Privacy Protection Act of 1994.

Sources of Personal Information. We obtain the categories of personal information listed above from the following categories of sources:

• Directly from you. For example, from the forms you complete on our Service, preferences you express or provide through our Service, or from your purchases on our Service.
• Indirectly from you. For example, from observing your activity on our Service.
• Automatically from you. For example, through cookies we or our Service Providers set on your Device as you navigate through our Service.
• From Service Providers. For example, third-party vendors to monitor and analyze the use of our Service, third-party vendors for payment processing, or other third-party vendors that we use to provide the Service to you.

Use of Personal Information for Business Purposes or Commercial Purposes. We may use or disclose personal information we collect for "business purposes" or "commercial purposes" (as defined under the CCPA), which may include the following examples:

• To operate our Service and provide you with our Service.
• To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our Service.
• To fulfill or meet the reason you provided the information. For example, if you share your contact information to ask a question about our Service, we will use that personal information to respond to your inquiry. If you provide your personal information to purchase a product or service, we will use that information to process your payment and facilitate delivery.
• To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
• As described to you when collecting your personal information or as otherwise set forth in the CCPA.
• For internal administrative and auditing purposes.
• To detect security incidents and protect against malicious, deceptive, fraudulent or illegal activity, including, when necessary, to prosecute those responsible for such activities.

Please note that the examples provided above are illustrative and not intended to be exhaustive. For more details on how we use this information, please refer to the section regarding how we use your Personal Information.

If we decide to collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes we will update this Privacy Policy.

Disclosure of Personal Information for Business Purposes or Commercial Purposes. We may use or disclose and may have used or disclosed in the last twelve (12) months the following categories of personal information for business or commercial purposes:

• Category A: Identifiers.
• Category B: Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).
• Category D: Commercial information.
• Category F: Internet or other similar network activity.

Please note that the categories listed above are those defined in the CCPA. This does not mean that all examples of that category of personal information were in fact disclosed, but reflects our good faith belief to the best of our knowledge that some of that information from the applicable category may be and may have been disclosed.

When we disclose personal information for a business purpose or a commercial purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.

Sale of Personal Information. As defined in the CCPA, "sell" and "sale" mean selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a consumer's personal information by the business to a third party for valuable consideration. This means that we may have received some kind of benefit in return for sharing personal information, but not necessarily a monetary benefit. Please note that the categories listed below are those defined in the CCPA. This does not mean that all examples of that category of personal information were in fact sold, but reflects our good faith belief to the best of our knowledge that some of that information from the applicable category may be and may have been shared for value in return. We may sell and may have sold in the last twelve (12) months the following categories of personal information:

• Category A: Identifiers
• Category B: Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e))
• Category D: Commercial information
• Category F: Internet or other similar network activity

Share of Personal Information. We may share your personal information identified in the above categories with the following categories of third parties:

• Service Providers
• Payment processors
• Our affiliates
• Our business partners
• Third party vendors to whom you or your agents authorize us to disclose your personal information in connection with products or services we provide to you.

Sale of Personal Information of Minors Under 16 Years of Age. We do not knowingly collect personal information from minors under the age of 16 through our Service, although certain third-party websites that we link to may do so. These third-parties have their own terms of use and privacy policies and we encourage parents and legal guardians to monitor their children's Internet usage and instruct their children to never provide information on other websites without their permission. We do not sell the personal information of Consumers we actually know are less than 16 years of age, unless we receive affirmative authorization (the "right to opt-in") from either the Consumer who is between 13 and 16 years of age, or the parent or guardian of a Consumer less than 13 years of age. Consumers who opt-in to the sale of personal information may opt-out of future sales at any time. To exercise the right to opt-out, you (or your authorized representative) may submit a request to us by contacting us. If you have reason to believe that a child under the age of 13 (or 16) has provided us with personal information, please contact us with sufficient detail to enable us to delete that information.

Your Rights under the CCPA. The CCPA provides California residents with specific rights regarding their personal information. If you are a resident of California, you have the following rights:

• The right to notice. You have the right to be notified which categories of Personal Data are being collected and the purposes for which the Personal Data is being used.
• The right to request. Under CCPA, you have the right to request that we disclose information to you about our collection, use, sale, disclosure for business purposes and share of personal information. Once we receive and confirm your request, we will disclose to you:
  • The categories of personal information we collected about you
  • The categories of sources for the personal information we collected about you
  • Our business or commercial purpose for collecting or selling that personal information
  • The categories of third parties with whom we share that personal information
  • The specific pieces of personal information we collected about you
  • If we sold your personal information or disclosed your personal information for a business purpose, we will disclose to you:
    • The categories of personal information categories sold
    • The categories of personal information categories disclosed
• The right to say no to the sale of Personal Data (opt-out). You have the right to direct us to not sell your personal information. To submit an opt-out request please contact us.
• The right to delete Personal Data. You have the right to request the deletion of your Personal Data, subject to certain exceptions. Once we receive and confirm your request, we will delete (and direct our Service Providers to delete) your personal information from our records, unless an exception applies. We may deny your deletion request if retaining the information is necessary for us or our Service Providers to:
  • Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
  • Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
  • Debug products to identify and repair errors that impair existing intended functionality.
  • Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
  • Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
  • Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent.
  • Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
  • Comply with a legal obligation.
  • Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
• The right not to be discriminated against. You have the right not to be discriminated against for exercising any of your consumer's rights, including by:
  • Denying goods or services to you
  • Charging different prices or rates for goods or services, including the use of discounts or other benefits or imposing penalties
  • Providing a different level or quality of goods or services to you
  • Suggesting that you will receive a different price or rate for goods or services or a different level or quality of goods or services

Exercising your CCPA Data Protection Rights. In order to exercise any of your rights under the CCPA, and if you are a California resident, you can contact us using the contact information located within our Privacy Policy. Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable request related to your personal information. your request to us must:

• Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
• Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with the required information if we cannot:

• Verify your identity or authority to make the request
• And confirm that the personal information relates to you
• We will disclose and deliver the required information free of charge within 45 days of receiving your verifiable request. The time period to provide the required information may be extended once by an additional 45 days when reasonably necessary and with prior notice.

Any disclosures we provide will only cover the 12-month period preceding the verifiable request's receipt.

For data portability requests, we will select a format to provide your personal information that is readily usable and should allow you to transmit the information from one entity to another entity without hindrance.

Do Not Sell My Personal Information. You have the right to opt out of the sale of your personal information. Once we receive and confirm a verifiable consumer request from you, we will stop selling your personal information. To exercise your right to opt-out, please contact us. The Service Providers we partner with (for example, our analytics or advertising partners) may use technology on the Service that sells personal information as defined by the CCPA law. If you wish to opt out of the use of your personal information for interest-based advertising purposes and these potential sales as defined under CCPA law, you may do so by following the instructions below.

Please note that any opt out is specific to the browser you use. You may need to opt out on every browser that you use. The same is true for Mobile Devices. Your mobile device may give you the ability to opt out of the use of information about the apps you use in order to serve you ads that are targeted to your interests.

Children's Privacy. Our Service does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If you are a parent or guardian and you are aware that your child has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from anyone under the age of 13 without verification of parental consent, we take steps to remove that information from our servers. If we need to rely on consent as a legal basis for processing your information and your country requires consent from a parent, we may require your parent's consent before we collect and use that information.