General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679)

1. INFORMATION WE COLLECT

There are three general categories of information we collect.

1.1 Information You Give to Us.

1.1.1 Information that is necessary for the use of the Yotha Platform and/or Yoba Application.

We ask for and collect the following personal information about you when you use the Yotha Platform and/or Yoba Application. This information is necessary for the adequate performance of the contract between Members and between you and us and to allow us to comply with our legal obligations. Without it, we may not be able to provide you with all the requested services.

• Account Information. When you sign up for a Yotha Account, we require certain information such as your first name, last name and email.
• Profile and Listing Information. To use certain features of the Yotha Platform and/or Yoba Application (such as booking a Yacht or creating a Yacht Listing), we may ask you to provide additional information, which may include your address, phone number, date of birth and a profile picture.
• Identity Verification Information. To help create and maintain a trusted environment, we may collect identity verification information (such as images of your government issued ID, passport, national ID card, driving license, or Company documents, as permitted by applicable laws) or other authentication information.
• Payment Information. To use certain features of the Yotha Platform and/or Yoba Application (such as accepting an offer), we may require you to provide certain financial information (like your bank account or credit card information) in order to facilitate the processing of payments.
• Communications with Yotha and other Members. When you communicate with Yotha or use the Yotha Platform and/or Yoba Application to communicate with other Members, we collect information about your communication and any information you choose to provide.

1.1.2 Information you choose to give us.

You may choose to provide us with additional personal information in order to obtain a better user experience when using Yotha Platform and/or Yoba Application. This additional information will be processed based on your consent.

• Additional Information. You may choose to provide us information when you fill in a form, conduct a search, update or add information to your Yotha Account, respond to Partners’ forms, post to community forums, participate in promotions, or use other features of the Yotha Platform and/or Yoba Application.

1.1.3 Information that is necessary for the use of the Payment Services.

The Compliance Controller needs to collect the following information, as it is necessary for the adequate performance of the contract with you and to comply with applicable law (such as anti-money laundering regulations). Without it, you will not be able to fulfill the Payment Process:

• Payment Information. When you use the Platform for entering into a contract, the Compliance Controller requires certain financial information (like your bank account or credit card information) in order to process payments and comply with applicable law.
• Identity Verification and Other Information. If you are a Member, the Compliance Controller may require identity verification information (such as images of your government issued ID, passport, national ID card, or driving license) or other authentication information, your date of birth, your address, email address, phone number and other information in order to verify your identity, provide the Payment Services to you, and to comply with applicable law.

1.2 Information We Automatically Collect from Your Use of the Yotha Platform and/or Yoba Application.

When you use the Yotha Platform and the Payment Services, we automatically collect information, including personal information, about the services you use and how you use them. This information is necessary for the adequate performance of the contract between Members, and between Members and us,  to enable us to comply with legal obligations and given our legitimate interest in being able to provide and improve the functionalities of the Yotha Platform and and/or Yoba Application.

• Geo-location Information. When you use certain features of the Yotha Platform and/or Yoba Application , we may collect information about your precise or approximate location as determined through data such as your IP address or mobile device’s GPS to offer you an improved user experience. Most mobile devices allow you to control or disable the use of location services for applications in the device’s settings menu. Yotha may also collect this information even when you are not using the app if this connection is enabled through your settings or device permissions.
• Usage Information. We collect information about your interactions with the Yotha Platform such as the pages or content you view, your searches for Listings, bookings you have made, and other actions on the Yotha Platform and/or Yoba Application.
• Log Data and Device Information. We automatically collect log data and device information when you access and use the Yotha Platform, even if you have not created a Yotha Account or logged in. That information includes, among other things: details about how you’ve used the Yotha Platform (including if you clicked on links to third party applications), IP address, access dates and times, hardware and software information, device information, device event information, unique identifiers, crash data, cookie data, and the pages you’ve viewed or engaged with before or after using the Yotha Platform.
• Cookies and Similar Technologies. We use cookies and other similar technologies, such as web beacons, pixels, and mobile identifiers. We may also allow our business partners to use these tracking technologies on the Yotha Platform and/or Yoba Application, or engage others to track your behavior on our behalf. While you may disable the usage of cookies through your browser settings, the Yotha Platform currently does not respond to a “Do Not Track” signal in the HTTP header from your browser or mobile application due to lack of standardization regarding how that signal should be interpreted. For more information on our use of these technologies, see our Cookie Policy.
• Payment Transaction Information. Yotha, acting as authorized escrow agent, collects information related to your payment transactions, including the payment instrument used, date and time, payment amount, payment instrument expiration date and billing postcode, IBAN information, your address and other related transaction details. This information is necessary for the adequate performance of the contract between Members and Yotha and to allow the provision of the Payment Services.

1.3 Information We Collect from Third Parties.

Yotha may obtain information from other sources and combine that with information we collect through the Yotha Platform and the Payment Services. We do not control, supervise or respond for how the third parties providing your information process your personal data, and any information request regarding the disclosure of your personal information to us should be directed to such third parties.

• References. If someone has written a reference for you as a Charterer, or a Crew Member, or for your Yacht, it will be published on your Yotha public profile page with your consent.
• Background Information. To the extent permitted by applicable law, we may receive additional information about you, such as demographic data or fraud detection information, from third party service providers and/or partners, and combine it with information we have about you. For example, we may receive background check results (with your consent where required) or fraud warnings from service providers like identity verification services for our fraud prevention and risk assessment efforts. We may receive information about you and your activities on and off the Yotha Platform through partnerships, or about your experiences and interactions from our partner ad networks.

2. HOW WE USE INFORMATION WE COLLECT

We use, store, and process information, including personal information, about you to provide, understand, improve, and develop the Yotha Platform, create and maintain a trusted and safer environment and comply with our legal obligations.

2.1 Provide, Improve, and Develop the Yotha Platform.  

• Enable you to access and use the Yotha Platform.
• Enable you to communicate with other Members.
• Operate, protect, improve, and optimize the Yotha Platform and experience, such as by performing analytics and conducting research.
• Provide customer service.
• Send you service or support messages, updates, security alerts, and account notifications.
• If you provide us with your contacts’ information, we may process this information: (i) to facilitate your listing and/or research, (ii) send your requests for references, (iii) for fraud detection and prevention, and (iv) for any purpose you authorize at the time of collection.
• To operate, protect, improve, and optimize the Yotha Platform and experience, and personalize and customize your experience (such as making Listing suggestions or ranking search results), we conduct profiling based on your interactions with the Yotha Platform, your search and booking history, your profile information and preferences, and other content you submit to the Yotha Platform.

We process this information given our legitimate interest in improving the Yotha Platform and our Members’ experience with it, and where it is necessary for the adequate performance of the contract with you.

2.2 Create and Maintain a Trusted and Safer Environment.

• Detect and prevent fraud, spam, abuse, security incidents, and other harmful activity.
• Conduct security investigations and risk assessments.
• Verify or authenticate information or identifications provided by you.
• Conduct checks against databases and other information sources, including background or police checks, to the extent permitted by applicable laws and with your consent where required.
• Comply with our legal obligations.
• Resolve any disputes with any of our Members and enforce our agreements with third parties.
• Enforce our Terms and Conditions and other policies.
• In connection with the activities above, we may conduct profiling based on your interactions with the Yotha Platform, your profile information and other content you submit to the Yotha Platform, and information obtained from third parties. In limited cases, automated processes may restrict or suspend access to the Yotha Platform if such processes detect a Member or activity that we think poses a safety or other risk to the Yotha Platform, other Members, or third parties.

We process this information given our legitimate interest in protecting the Yotha Platform, to measure the adequate performance of our contract with you, and to comply with applicable laws.

2.3 Provide, Personalize, Measure, and Improve our Advertising and Marketing.

• Send you promotional messages, marketing, advertising, and other information that may be of interest to you based on your preferences (including information about Yotha or partner campaigns and services) and social media advertising through social media platforms.
•  Personalize, measure, and improve our advertising.
• Administer referral programs, rewards, surveys, sweepstakes, contests, or other promotional activities or events sponsored or managed by Yotha or its third party partners.

We will process your personal information for the purposes listed in this section given our legitimate interest in undertaking marketing activities to offer you products or services that may be of your interest. You can opt-out of receiving marketing communications from us by following the unsubscribe instructions included in our marketing communications or changing your notification settings within your Yotha Account.

2.4 How the Compliance Controller uses the Information Collected.

• Enable you to access and use the Payment Services.
• Detect and prevent fraud, abuse, security incidents, and other harmful activity.
• Conduct security investigations and risk assessments.
• Conduct checks against databases and other information sources.
• Comply with legal obligations (such as anti-money laundering regulations).
• Enforce the Payment Terms and other payment policies.

The Compliance Controller processes this information given its legitimate interest in improving the Payment Services and its users’ experience with it, and where it is necessary for the adequate performance of the contract with you and to comply with applicable laws.

3. SHARING & DISCLOSURE

3.1 With Your Consent.

Where you have provided consent, we share your information, including personal information, as described at the time of consent, such as when you authorize a third party application or website to access your Yotha Account or when you participate in promotional activities conducted by Yotha partners or third parties.

3.2 Sharing between Members.

To help facilitate bookings or other interactions between Members, we may need to share certain information, including personal information, with other Members, as it is necessary for the adequate performance of the contract between Members and us, as follows:   

• When a Booking Procedure has been successfully completed in accordance with the provision of the Terms and Conditions, certain information is shared with other Members for the completion of the Charter/Cruise Agreement. Certain additional information (such as Guests number, specific requests and/or preferences, ecc.) may be disclosed to assist with coordinating the trip.

Information you share publicly on the Yotha Platform may be indexed through third party search engines. In some cases, you may opt-out of this feature in your Account settings. If you change your settings or your public-facing content, these search engines may not update their databases. We do not control the practices of third party search engines, and they may use caches containing your outdated information.

3.3 Compliance with Law, Responding to Legal Requests, Preventing Harm and Protection of our Rights.

Yotha may disclose your information, including personal information, to courts, law enforcement or governmental authorities, or authorized third parties, if and to the extent we are required or permitted to do so by law or if such disclosure is reasonably necessary: (i) to comply with our legal obligations, (ii) to comply with legal process and to respond to claims asserted against Yotha, (iii) to respond to verified requests relating to a criminal investigation or alleged or suspected illegal activity or any other activity that may expose us, you, or any other of our users to legal liability, (iv) to enforce and administer our Terms and Conditions, or (v) to protect the rights, property or personal safety of Yotha, its employees, its Members, or members of the public.

These disclosures may be necessary to comply with our legal obligations, for the protection of your or another person's vital interests or for the purposes of our or a third party’s legitimate interest in keeping the Yotha Platform secure, preventing harm or crime, enforcing or defending legal rights, or preventing damage.

Where appropriate, we may notify Members about legal requests unless: (i) providing notice is prohibited by the legal process itself, by court order we receive, or by applicable law, or (ii) we believe that providing notice would be futile, ineffective, create a risk of injury or bodily harm to an individual or group, or create or increase a risk of fraud upon Yotha’s property, its Members and the Yotha Platform. In instances where we comply with legal requests without notice for these reasons, we will attempt to notify that Member about the request after the fact where appropriate and where we determine in good faith that we are no longer prevented from doing so.

3.4 Service Providers.

Yotha uses a variety of third party service providers to help us provide services related to the Yotha Platform and the Payment Services. Service providers may be located inside or outside of the European Economic Area (“EEA”). In particular, our service providers are based in Europe, Switzerland, Monaco and North America.

For example, service providers may help us: (i) verify your identity or authenticate your identification documents, (ii) check information against public databases, (iii) conduct background or police checks, fraud prevention, and risk assessment, (iv) perform product development, maintenance and debugging, (v) allow the provision of the Yotha Services through third party platforms and software tools (e.g. through the integration with our APIs), or (vi) provide customer service, advertising, or payments services. These providers have limited access to your information to perform these tasks on our behalf, and are contractually bound to protect and to use it only for the purposes for which it was disclosed and consistent with this Privacy Policy.

Yotha will need to share your information, including personal information, in order to ensure the adequate performance of our contract with you.

3.5 Corporate Affiliates.

To enable or support us in providing the Yotha Platform, and/or Yoba Application, and the Payment Services, we may share your information, including personal information, within our corporate family of companies (both financial and non-financial entities) that are related by common ownership or control.

The data sharing is necessary for the performance of the contract between you and us.

3.6 Social Media Platforms.

Where permissible according to applicable law we may use certain limited personal information about you, such as your email address, to hash it and to share it with social media platforms, such as Facebook or Google, to generate leads, drive traffic to our websites or otherwise promote our products and services or the Yotha Platform. These processing activities are based on our legitimate interest in undertaking marketing activities to offer you products or services that may be if your interest.

The social media platforms with which we may share your personal data are not controlled or supervised by Yotha. Therefore, any questions regarding how your social media platform service provider processes your personal data should be directed to such provider.

Please note that you may, at any time ask Yotha to cease processing your data for these direct marketing purposes by sending an e-mail to: compliance@yotha.com.

3.7 Business Transfers.

If Yotha undertakes or is involved in any merger, acquisition, reorganization, sale of assets, bankruptcy, or insolvency event, then we may sell, transfer or share some or all of our assets, including your information in connection with such transaction or in contemplation of such transaction (e.g., due diligence). In this event, we will notify you before your personal information is transferred and becomes subject to a different privacy policy.

3.8 Aggregated Data.

We may also share aggregated information (information about our users that we combine together so that it no longer identifies or references an individual user) and other anonymized information for regulatory compliance, industry and market analysis, demographic profiling, marketing and advertising, and other business purposes.

4. OTHER IMPORTANT INFORMATION

4.1 Analyzing your Communications.

We may review, scan, or analyze your communications on the Yotha Platform and/or Yoba Application for fraud prevention, risk assessment, regulatory compliance, investigation, product development, research, and customer support purposes. For example, as part of our fraud prevention efforts, we scan and analyze messages to mask contact information and references to other websites. In some cases, we may also scan, review, or analyze messages to debug, improve, and expand product offerings. We use automated methods where reasonably possible. However, occasionally we may need to manually review some communications, such as for fraud investigations and customer support, or to assess and improve the functionality of these automated tools. We will not review, scan, or analyze your communications to send third party marketing messages to you, and we will not sell reviews or analyses of these communications.

These activities are carried out based on Yotha's legitimate interest in ensuring compliance with applicable laws and our Terms, preventing fraud, promoting safety, and improving and ensuring the adequate performance of our services.

4.2 Google Maps/Earth.

Parts of the Yotha Platform use Google Maps/Earth services, including the Google Maps API(s). Use of Google Maps/Earth is subject to  Google Maps/Earth Additional Terms of Use  and the  Google Privacy Policy .

5. THIRD PARTY PARTNERS & INTEGRATIONS

The Yotha Platform and/or Yoba Application may contain links to third party websites or services, such as third party integrations, co-branded services, or third party-branded services (“Third Party Partners”). Yotha doesn’t own or control these Third Party Partners and when you interact with them, you may be providing information directly to the Third Party Partner, Yotha, or both. These Third Party Partners will have their own rules about the collection, use, and disclosure of information. We encourage you to review the privacy policies of the other websites you visit.

6. YOUR RIGHTS

You may exercise any of the rights described in this section before your applicable Yotha Data Controller by sending an email to  compliance@yotha.com . Please note that we may ask you to verify your identity before taking further action on your request.

6.1 Data Retention and Erasure.

We generally retain your personal information for as long as is necessary for the performance of the contract between Members, and between Members and us, and to comply with our legal obligations. If you no longer want us to use your information to provide the Yotha Platform to you, you can request that we erase your personal information and close your Yotha Account, in accordance with Clause 5.6 of the General Terms and Conditions. Please note that if you request the erasure of your personal information:

• We may retain some of your personal information as necessary for our legitimate business interests, such as fraud detection and prevention and enhancing safety.
• We may retain and use your personal information to the extent necessary to comply with our legal obligations. For example, Yotha may keep some of your information for tax, legal reporting and auditing obligations.

6.2 Withdrawing Consent and Restriction of Processing.

Where you have provided your consent to the processing of your personal information by Yotha you may withdraw your consent at any time by changing your Account settings or by sending a communication to Yotha specifying which consent you are withdrawing. Please note that the withdrawal of your consent does not affect the lawfulness of any processing activities based on such consent before its withdrawal. Additionally, in some jurisdictions, applicable law may give you the right to limit the ways in which we use your personal information, in particular where (i) you contest the accuracy of your personal information; (ii) the processing is unlawful and you oppose the erasure of your personal information; (iii) we no longer need your personal information for the purposes of the processing, but you require the information for the establishment, exercise or defence of legal claims.

6.3 Objection to Processing.

In some jurisdictions, applicable law may entitle you to require Yotha not to process your personal information for certain specific purposes (including profiling) where such processing is based on legitimate interest. If you object to such processing Yotha will no longer process your personal information for these purposes unless we can demonstrate compelling legitimate grounds for such processing or such processing is required for the establishment, exercise or defence of legal claims.

Where your personal information is processed for direct marketing purposes, you may, at any time ask Yotha to cease processing your data for these direct marketing purposes by sending an e-mail to compliance@yotha.com

7. SECURITY

We are continuously implementing and updating administrative, technical, and physical security measures to help protect your information against unauthorized access, loss, destruction, or alteration. Some of the safeguards we use to protect your information are firewalls and data encryption, and information access controls. If you know or have reason to believe that your Yotha Account credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your Yotha Account, please inform us at. compliance@yotha.com.

8. CHANGES TO THIS PRIVACY POLICY

Yotha reserves the right to modify this Privacy Policy at any time in accordance with this provision. If we make changes to this Privacy Policy, we will post the revised Privacy Policy on the Yotha Platform and update the “Last Updated” date at the top of this Privacy Policy. We will also provide you with notice of the modification by email at least thirty (30) days before the date they become effective. If you disagree with the revised Privacy Policy, you may cancel your Account. If you do not cancel your Account before the date the revised Privacy Policy becomes effective, your continued access to or use of the Yotha Platform and/or Yoba Application will be subject to the revised Privacy Policy.