Terms & Conditions
Effective on 05.05.2021
Your use of the website of BehneMar YachtingConsultancy SARL and BehneMar DMCC (together “BehneMar”) is governed by theseterms and conditions. By accessing any part of the website www.behnemar.com (the “Website”) you will be deemed to have accepted the Terms andConditions of Use in full. If you do not accept these Terms and Conditions ofUse, please do not continue to access this Website.
2. Head Office
BehneMar Yachting Consultancy SARL is a companyregistered at 9, Ave J F Kennedy, 98000 Monaco. BehneMar DMCC is a company registered at Indigo IconTower – Office 508, Jumeirah Lakes Towers, Dubai, UAE.
BehneMar is providing this site on an ‘as is’ basisand makes no representations or warranties of any kind with respect to thissite or its content and disclaims all such representations and warranties.
You are solely liable for any use you may make of thisinformation. BehneMar makes no representations, warranty, condition orundertaking, either express or implied as to the condition, quality,performance, accuracy, suitability, fitness for purpose, completeness or freedomfrom viruses of the content contained on the website or that such content willbe accurate, up-to date, uninterrupted or error free. Whilst BehneMar takesevery care to ensure that the standard of the Website remains high and tomaintain the continuity of it, errors, omissions, interruptions of service anddelay may occur at any time for which BehneMar accepts no responsibility. BehneMarhereby disclaims to the fullest extent permitted by law all liability for anyloss or damage, direct or indirect, material or immaterial, or of any naturewhatsoever, resulting out of or in connection with the use of the Website.
BehneMar is not responsible for the content ofexternal websites that link to this website or which are linked from it.
4. Use of site
BehneMar reserves the right to withdraw its website atany time and without prior warning.
5. Third Party websites
The Website may offer links to websites of thirdparties. The linked sites are not under the control of BehneMar and BehneMar isnot responsible for the contents of any linked site or any link contained in alinked site.
6. Copyright and Related Rights
This website is owned by BehneMar and any and allintellectual property rights in the website including, but not limited to,copyright and database rights and any logos or trademarks (whether registeredor unregistered) are owned by and remain the property of BehneMar (or its thirdparty licensor as applicable) at all times.
The content of the website is subject to copyrightwith all rights reserved. The copyright and all other rights in all of thematerial on the website are owned by BehneMar.
You may download or print out a hard copy ofindividual pages and/or sections of the website provided that this is forprivate use only and that you do not remove any copyright or propriety notices.You may not reproduce (in whole or in part), transmit (by electronic means orotherwise), modify, link into or use for any public or commercial purpose thewebsite without our prior written permission. Any unauthorized reproduction oruse of the website or of the information presented therein, may be the subjectof prosecution, particularly for infringement of copyright.
7. Personal Data
7.1. What is personal data?
Personal data means any information about anindividual from which that person can be identified. It does not include datawhere the identity has been removed (anonymous data).
You are not required to provide the personal data thatwe have requested, but, if you choose not to do so, in many cases we will notbe able to provide you with our services or products or respond to any queriesyou may have.
7.2. What data do we collect?
We may collect, process, generate, store and transferdifferent kinds of Personal Data about you which we have grouped together asfollows:
− Identity Data includes first name, middle name, last name, orsimilar identifier, marital status, title, date of birth, gender and passportnumber.
− Contact Data includes billing address, home address, email addressand telephone numbers.
− Financial Data includes bank account and payment card details.TransactionalData includes details about payments from you and other details of servicesyou have purchased from us.
− Profile Data includes purchases / bookings made by you, yourinterests, service preferences and feedback.
− Technical Data includes internet protocol (IP) address, your logindata, data about your browser type and version, time zone settings andlocation, browser plug-in types and versions, operating system and platform andother technology on the devices you use to access this website.
− Marketing and Communication Data includes your preferences in receivingmarketing from us and your preferences when receiving communications.
− Specific Data includes any other Personal Data not included in thelist indicated hereabove, that may be collected from your or through any legalrepresentative or authorized agent as part of the services to be provided byBehneMar, being subject to specific requirements (including in the event of theneed for the express prior consent of the parents with respect to Personal Databelonging to their children). In this case, we will priorly warn you about thenature and scope of Personal Data to be communicated. As indicated above, youare not required to provide the personal data that we have requested, but, ifyou choose not to do so, in many cases we will not be able to provide you withour services or products or respond to any queries you may have.
7.3. What legal basis do we rely on?
In any case, you are advised that when we collect,process and/or use your personal information, we are required to have a legalbasis for doing so. There are various legal bases on which we may rely,depending on what personal information we process and why.
The legal bases we may rely on include:
− Consent: where you have given us clear consent for us toprocess your personal information for a specific purpose.
− Contract: where our use of your personal information isnecessary for a contract we have with you, or because you have asked us to takespecific steps before entering into a contract.
− Legal obligation: where our use of your personalinformation is necessary for us to comply with the law, and, as such, at theexclusion of the performance of any contractual obligation.
− Legitimate interests: where our use of your personalinformation is necessary for our legitimate interests or the legitimateinterests of a third-party except in the event that there is a good reason toprotect your Personal Data which overrides our legitimate interests.
7.4. How do we collect your data?
We use different methods to collect data from you:
− You, or an agent on your behalf, may give usyour Personal Data by filling in online forms or by corresponding with us viaemail, phone, post or otherwise.
− Use or view our website via your browser’scookies.
Our company may also receive your data indirectly fromthe following sources:
− Third parties, such as customers providingyour passenger details for the purpose of arranging a sale, charter or otherservice provided by BehneMar.
− We collect data from publicly availablesources.
7.5. How will we use your data?
Our Company collects your data so that we can:
− Perform a contract with you: some of thepersonal data is processed on the basis that is necessary for the performanceof our agreement with you, or in order to take steps at the request of the userprior to entering into such an agreement, to register you as a new customer andverify your identity.
− Process your data where we believe youhave a reasonable expectation that we will perform a particular type ofprocessing on your behalf, or where such processing is strictly necessary forfraud detection and prevention.
− Email you with special offers on otherproducts and services we think you might like.
− Comply with our legal obligations.
7.6. Will we transfer your information out of theEEA or Monaco?
We may transfer your personal information to countries which are locatedoutside Monaco and the European Economic Area (“EEA”) and which do nothave the same data protection laws as the EEA and Monaco.
Any transfer of your personal information will be subject to the relevantlegislations, as permitted under applicable law, that are designed to helpsafeguard your privacy rights and give you remedies in the unlikely event of amisuse of your personal information.
7.7. When will you be contacted?
In relation to any service, activity or online contentyou have signed up for in order to ensure that BehneMar can deliver, such as toensure payment, offer other charter related services, or to enquire whetheryou’re in need of our services.
In relation to any correspondence we receive from youor any comment or complaint you make about BehneMar.
To keep you informed periodically on relevant productsand services that we think may be of interest to you.
To update you on any material changes to the BehneMarpolicies and practices.
7.8. Data Security
BehneMar has put in place appropriate securitymeasures to prevent your Personal Data from being accidentally lost, used oraccessed in an unauthorized way, altered or disclosed. In addition, we limitaccess to your Personal Data to those employees, agents, contractors and otherthird parties who have a business need to know. They will only process yourPersonal Data on our instruction and they are subject to a duty ofconfidentiality. We have put in place procedures to deal with any suspectedPersonal Data breach and will notify you and any applicable regulator of abreach where we are legally required to do so.
7.9. How and how long do we store your data?
BehneMar will keep your Personal Data for as long asit is necessary and relevant for our operations. Generally we keep PersonalData in accordance with our internal retention procedures, which are determinedin accordance with our regulatory obligations and good practice. In addition wemay retain personal data relating to previous activity to comply with national laws,prevent fraud, collect any feed owed, resolve disputes, troubleshoot problems,assist with any investigation, and take other actions permitted or required byapplicable national laws. Once this time period has expired, we will anonymizepart of the data for analytical purposes and delete your data in a securemanner.
7.10. Who will BehneMar share yourpersonal data with?
− BehneMar’s service providers
This includes external third-party serviceproviders, accountants, auditors, experts, lawyers and other outsideprofessional advisors; IT systems, support and hosting service providers;document and records management providers, technical engineers, data storageand cloud providers and similar third-party vendors and outsourced serviceproviders that assist us in carrying out our business activities.
− Governmental authorities and third partiesinvolved in fraud prevention and law enforcement
BehneMar may share personal informationwith governmental or other public authorities and third-party civil legalprocess participants and their accountants, auditors, lawyers and otheradvisors and representatives as we believe to be necessary or appropriate (a) tocomply with applicable law, including laws outside your country of residence,(b) to comply with legal process, (c) to respond to requests from public andgovernment authorities including public and government authorities outside yourcountry of residence, (d) to enforce our terms and conditions, (e) to protectour operations or those of any of our group companies, (f) to protect ourrights, privacy, safety or property, and that of our group companies, you orothers, and (g) to allow us to pursue available remedies or limit our damages.
7.11. What are your data protection rights?
BehneMar would like to make sure you are fully awareof all your data protection rights. Every user is entitled to the following:
8. The right to access – You have the right to request BehneMarfor copies of your personal data. We may charge a small fee for this service.
9. The right to rectification – You have the right to request that BehneMarcorrect any information you believe is inaccurate. You also have the right torequest BehneMar to complete information you believe is incomplete.
10. The right to erasure – You have the right to request that BehneMarerase your personal data, under certain conditions.
11. The right to restrict processing – You have the right to request that BehneMarrestrict the processing of your personal data, under certain conditions.
12. The right to object to processing – You have the right to object to BehneMar’sprocessing of your personal data, under certain conditions.
13. The right to data portability – You have the right to request thatBehneMar transfer the data that we have collected to another organization ordirectly to you, under certain conditions.
8.1. What are cookies?
Cookies are text files placed on your computer tocollect standard Internet log information and visitor behavior information.When you visit our website, we may collect information from you automaticallythrough cookies or similar technology.
8.2. What types of cookies do we use?
Our website may use the following cookies:
− Strictly necessary cookies: These are cookies that are required forthe correct functioning of the website and to provide the service offered andrequested by a user;
− Marketing cookies: These are cookies designed to track the user on the website formarketing purposes.
8.3. How can you manage cookies?
You can set your browser not to accept cookies. However,in a few cases, some of our website features may not function as a result.
9. How can you contact us?
If you have any questions about BehneMar’s privacypolicy, the data we hold on you, or you would like to exercise one of your dataprotection rights, please do not hesitate to contact us.
Email us at: firstname.lastname@example.org
Or write to us at:
Behnemar Yachting Consultancy SARL, Le Castellara, 9Ave J F Kennedy, 98000 Monaco
Behnemar DMCC, Indigo Icon Tower, Office 508, JumeirahLakes Towers, PO Box 29717, Dubai, UAE
10. What rules to be applied in the event ofdisputes?
You and BehneMar agree that any disputes arising fromyour use of this website or any collection, treatment and process, transfer,transfer of your Personal Data will be, subject to the application of anyrelevant and mandatory rule relating to the right to lodge a complaint with asupervisory authority, in particular in a European Economic Area State, governedby the Terms and Conditions being part of the Agreement entered into with youin respect of the applicable law and jurisdiction competence.
11. Will the Terms and Conditions of Use beamended?
BehneMar reserves the right to change or amend these Termsand Conditions of Use without prior notice.