conditions

General Contract Conditions and Conditions of Use

Last Updated: May the 24th, 2018

These general conditions of use and legal information (hereinafter, the General Conditions) govern the website of Yachtty All For Yachts S.C. (Onwards, Yachtty) with domain www.yachtty.com and the corresponding mobile application, as well as to all its related or linked sites from www.yachtty.com by Yachtty, as well as its affiliates and partners, including Yachtty websites throughout the world (hereinafter and collectively, the “site”) The site is owned by Yachtty. By using the site, you manifest your accordance with the present terms of use. If you don’t agree, we beg you to refrain from using it.

Through these General Conditions, Yachtty makes available to users (hereinafter, the User or Users), the aforesaid website and the Yachtty mobile application (hereinafter jointly referred to as the Platform).

Pursuant to that set forth in Article 10 of the Information Society Services and eCommerce Act nº 34/2002, of 11 July 2002, the following is the identification information pertaining to the owner of the website:
• Company Name: Yachtty all for yachts S.C.
• Registered offices: Muelles Comerciales, Tinglado 1 – 1º, 07012, Palma de Mallorca.
• Tax Identification Number (NIF): J16528168
• Email: yachtty@yachtty.com
1. Aim
Yachtty is a technology company, whose main activity is the development and management of a technological platform through which by means of a mobile application and a web (hereinafter, the APP) allows certain local commercial establishments and business companies in some cities in different territories to offer their products through it, and if applicable, if the users of the APP and consumers of the aforementioned local commercial establishments and business companies request it through the APP, as ancillary, intermediate in the immediate delivery of the products. The client can acquire products and services directly or not from these establishments, with Yachtty acting as an intermediary, throught an commercial agreement signed between Yachtty and the commercial establishments and business companies.

Thus, Yachtty has a Platform through which commercial establishments and business companies, with which Yachtty might have an agreement for the use of the platform, to offer a series of products and services. The client can ask for the acquire of products and services from these establishments and business companies, by means of the mandate that confers to a third party when requesting an order through the Platform, with Yachtty acting as an intermediary. It therefore cannot and does not assume any liability for the quality of the products or the correct provision of services offered directly by the stores in question or by said third parties.
Likewise, Yachtty is an intermediation Platform “on demand” express shopping Platform. It seeks to make it easier for people who need help with their shopping from associate establishments (hereinafter, Customers) to run their errands through said third parties, willing to carry out voluntarily the mandate given by the Clients. (Hereinafter, Yachttyers).

Yachttyers, therefore, are a network of independent professionals who collaborate with Yachtty, when they are interested in providing/delivering services and/or products, they connect to Yachtty Platform and in a certain time commit themselves to perform the service entrusted to them by the Client through the aforementioned mandate. Throughout these General Conditions of Use we shall refer to both Customers and Yachttyers as Users.
2. Terms of Use
Access to the Yachtty platform and the voluntary creation of a profile by the user, implies knowledge and expressly and unequivocal acceptance of the following General Conditions, the Privacy Policy and Cookies Policy by all Users.
3. Customers Access and Registration
In order to be a Platform customer, the following requirements must be met:
• Be 18 years of age or older.
• Correctly fill in all obligatory fields on the registration form asking for personal information such as username, email address, telephone number, yacht details, etc.
• Accept these Conditions of Use
• Accept the Privacy and Data Protection Policy
• Accept the Cookies Policy
The User guarantees that all information regarding his/her identity and legitimacy provided to Yachtty on its registration forms and Platform is true, accurate and complete. The User also agrees to keep all such information up-to-date.
Should the User give any false, inaccurate or incomplete information, or if Yachtty deems that there are sufficient grounds to doubt its veracity, accuracy or completeness, Yachtty may deny present or future access and use of the Platform or any of its content and/or services.
On registering on the User’s Platform, the User shall select a username and password. Both the username and the password are strictly confidential, personal and non-transferable.
The User agrees to not divulge information relating to their account or make it accessible to third parties. The User shall be the only liable person in the event that said data is passed on to third parties, including any declarations made on the Platform, or any other action undertaken through use of the username and/or password.
Yachtty cannot guarantee the identity of registered Users, and cannot therefore be held liable for any non-registered third-party use of a User’s identity. Users are obliged to immediately notify Yachtty of the loss, removal and/or disclosure of their username of password by email to yachtty@yachtty.com.
3.1 Profile
To complete registration on the Platform, the User should provide personal information including username, email address, telephone number, credit card information etc. Once registration has been duly completed, Users may access their profile, completing and/or editing it as they deem appropriate.
3.2 Theft or steal of the credit card
Since Yachtty can not guarantee the identity of the registered Users, They will have the obligation to inform Yachtty in those cases in which they have evidence that the credit card User’s has been stolen, and/or was being used by a third party fraudulently. Therefore, whenever Yachtty and its payment platform proactively watch over the protection of Users with the corresponding security measures, in case the User does not inform Yachtty of said theft, Yachtty will not be responsible for the fraudulent use that third parties may make of the User’s account.
4. Operation of the service. Conditions of the request
When a registered Customer User requires help with a purchase, they should access the website (www.Yachtty.com) or the app and request the product and/or service.
The Customer shall provide all the information requested, in as much detail as possible, regarding the product or service in question. They should also add all such comments as they deem to be of use in the “Additional comments” section. The User may also provide Yachttyer with a photograph in order to identify the order, on the condition that this falls within Yachtty’s area of operation. Likewise, the Customer may request Yachttyer to personally purchase the products, pick them up and deliver them to the consigned addresses, through a mandate the Yachttyer undertakes to acquire the products entrusted by the Customer on their behalf, and according to the indications and specifications provided by the Customer, who will have constant communication with the Yachttyer, being able to communicate constantly with the Yachttyer so that it executes the mandate conferred according to the Customer’s indications.
The Client is solely responsible for the correct introduction of the delivery and collection addresses on the Platform, therefore exempts Yachtty and Yachttyer from any negligence or error in the collection or delivery address derived from the mishandling in the introduction of delivery and collection addresses on the Platform. As a consequence of this, it is the Client who must assume the cost derived from the incorrect introduction of the delivery and collection addresses on the Platform.

The Customer exempts Yachtty and Yachttyer from any negligence or error in the indications given for the purchase of the product that they request to buy. As a consequence, it is the Customer who must assume the cost derived from the incorrect consignment of the indications of the products in the Platform (i.e. incorrect address, incorrect product).

In case the platform doesn’t show the price of the product, the Customer may set an approximate price for the requested product. In this case, the aforesaid service or product may be acquired in person by Yachttyer pursuant to the Customer’s estimate and never for a sum exceeding this estimate by over 30%. Should the price be higher, the Yachttyer shall contact the Customer to notify them of this situation and it will be the latter who makes the final decision to proceed or not with the “in store” purchase.

If the product and/or service is unavailable, the Yachttyer should call the Customer to explain to them their options. If the Customer does not accept any of the options presented by the Yachttyer and is consequently not interested in the alternatives available to them, they shall be bound by the terms of the Cancellation Policy set forth in the present General Conditions of Use (in section eight). If the Customer does not answer, the Yachttyer should wait some minutes before leaving.

In cases where the Customer cannot be found at the agreed location for the aforesaid delivery, the Yachttyer or the provider shall retain the product during 24 hours, or 10 minutes in the case of perishable goods. The Customer shall assume 100% of the cost of the basic purchase service as well as the price of a product if this has been acquired or contracted through Yachttyer, and shall have to pay for another service in order to receive to undelivered goods. Under no circumstances shall Yachttyer be liable for the deterioration or expiration of the purchased product in question.

Once the purchase has concluded, the Yachttyer or the provider shall then deliver the product and/or service to the Customer with the corresponding physical receipt for said product and/or service, all this without prejudice to the electronic receipt that the client will receive at the email address associated with his account. If the purchase involves the delivery of a product, the Yachttyer or the provider shall deliver it to the Customer at the exact place and time indicated by the latter party.
5. Return of products
If the Customer wishes to return a product or make a claim concerning the provision of a service, this should be directed to Yachtty with the till receipt that Yachtty gave the customer on delivery of the order. In the event of refunds the purchase amount, Yachtty shall have the right to decide upon the refund method (cash, credit card, store voucher etc.). Therefore, the return of a product purchased by Yachttyer in execution of the mandate conferred by the Customer, will be subject in all cases to the return policy of the commercial establishment.

In the event that the User wants to request the return of a product because it does not correspond to what has been requested through the platform, the User must provide a photograph of the total order and/or a list of the incorrect products or that have not been delivered, as well as other evidences proof that demonstrate the inadequacy of the requested product.

The Customer must check the products that the Yachttyer delivers to the delivery address before proceeding to sign and ratify the mandate. With the signature, the Client confirms and ratifies the mandate, purchase or service performed on his behalf. Likewise, the Client states that a third party may ratify the mandate on his behalf, for example in those cases in which the Customer is not at the final delivery address or has designated a third party for the reception and signature. Thus, the Client and / or the third party is responsible for verifying the adequacy of the service, or if applicable, collecting enough evidence to justify the opposite.

In all circumstances, Yachtty shall have the right to determine the reimbursement in accordance with the commercial establishment. In the event of dispute, the Customer should notify Yachtty via the following email address: yachtty@yachtty.com
6. Service fees and invoicing
Registration on the Platform is completely free.
The use of the Platform by the Yachttyers commercial establishments may have an associated cost in function of the destination country from which they wish to make use of the Platform to provide services.
The Customer only pays for each service requested via the Platform, additionally in those services that include the purchase of a product, the User must pay the price of said product. By registering on the Platform and providing the required bank information, the User expressly authorizes Yachtty to bill them for the corresponding payment for the services they have requested including the price of the products ordered.
The price of each service can be made up of a price that will be fixed by each store through which Yachtty has a commercial agreement up to the extent that the User buys a product or service, and a variable percentage depending on the distance covered by the Yachttyer. Yachtty reserves the right to modify its prices depending on the time of day and/or the distance at which the service is made. Pursuant to these conditions, the Customer shall have the right to know the fee payable for their service prior to agreeing thereto and formalizing the payment, except in cases where the User does not specify the delivery point. The fee payable for the delivery services may vary when there are circumstances of force majeure that are outside Yachtty’s control and that entail an increase in said fee payable.

Yachtty reserves the right to modify its prices at any moment. The changes carried out will have an immediate effect after being published. The User expressly authorizes Yachtty to email all invoices resulting from the contracted services to the address that they have provided. In case of requiring an invoice, the user must provide the tax data to de platform before placing the order.

The subsequent cancellation of the service by the user, in cases where a Yachttyer has already been doing, will authorize Yachtty to charge the Customer the fee for the services already initiated by Yachttyer. Likewise, in the event that the User has requested the Yachttyer to purchase a product on their behalf, if the Customer cancels the order when the acquisition was already made, it will assume the costs of the shipping services made by Yachttyer, as well as the product. All of this without prejudice to the fact that the Customer may request a new service for the purpose of returning the purchased products or sending them to another address. In the case of non-perishable products, the User may enforce his right of withdrawal before the store that has sold the products. If you wish to enforce the right through Yachtty, you must hire a new service.

6.1. Payment gateway
The payment of the products and / or services that are sold in person at the partners & associated establishments and are delivered to the Customers in a deferred manner, is made transiently to Yachtty and the latter subsequently transmits it to the partners & associated establishments with which Yachtty has a commercial agreement. The associated establishments authorize Yachtty to accept payment on their behalf, so that the payment of the price of any product (i.e food, drink, gift…) made correctly in favour of Yachtty will discharge the Customer from the obligations to pay said price to the partners & associated establishments.

Likewise, the Client’s payment relieves him of any obligation with respect to the Yachttyer, having the total payment to the Client a releasing effect on any obligation he may have with Partners and/or Yachttyers.

The payment of the products and / or services made by the Clients is received in the Yachtty accounts through an Electronic Money Entity (By Credit card or/and Bank transfer). The Electronic Money Entities are authorized to provide regulated payment services in all territories in which Yachtty operates and comply with current regulations in force in matter of payment services for Platforms such as Yachtty. If you have any questions regarding the payment gateway that Yachtty uses, the following email address is available to solve your doubts yachtty@yachtty.com.
7. Price and validity of the offer
All prices indicated on the Platform include the applicable taxes for the territory in which the User operates and in all circumstances will be expressed in Euros (€) for EU and US Dollars ($) for the rest of the countries.
In accordance with clause 6, the prices applicable for each service shall be published on the Platform subject to the particularities exposed, and automatically applied in the process of contracting the final phase thereof.
However, the prices of the products of the associated establishments shown in the Yachtty Platform may be indicative. In any case, said prices correspond to the products of the associated establishments and are exclusively set by them. The Client may communicate with Yachttyer in order to confirm the final price of the products ordered.
The User shall recognize that under all circumstances, the economic value of certain products may vary in real time depending on the establishment that sells them and the “stock” available. The User shall always be notified to this effect. If an invoice is required, the user should add all relevant tax details into the platform before finishing the order.
According to the above, the Customer, through the request for purchase and delivery through the platform, gives Yachttyer a mandate to acquire the products on its behalf, in person, for the price set by the stores. The Customer may be in direct contact with the Yachttyer during the execution of the order as in the delivery to indicate to the Yachttyer which product it is requesting.

For any information regarding the order, the User may contact the customer service at yachtty@yachtty.com, indicating the order number assigned by the Yachtty Platform in the subject field.
8. The right of withdrawal and cancellation of orders
The User may cancel without any cost an order as long as Yachtty has not accepted the order.
Pursuant to the nature of the service offered by Yachtty, the User is aware that once Yachtty accepts voluntarily an order, the provision of the service is deemed to have commenced and therefore the User shall have no right to withdraw their request for said service without any cost.
Therefore, if the User cancels an order that has been done, the Platform will generate the cost equivalent to cover the cancelation by the User. If Yachtty has also purchased a product or contracted a service after the User has cancelled an order, Yachtty shall attempt to recover the sum paid for the product or service. If this is not possible, the User shall be liable for the payment of this sum, regardless of whether or not Yachtty has delivered this product or service.

If at the time of cancellation of the service the Yachttyer had already made the purchased entrusted to the product or contracting a service, the user may order the Yachttyer to return it. For this purpose, the User must satisfy the total cost of acquisition of the products and delivery costs, as well as the cost of the return service. In the event that Yachttyer has been able to return the product, the User will be reimbursed for the value of the product, which must, as mentioned, pay the cost of the two collection and delivery services, as well as the return. The return in any case will be subject to the return policies of the store, so that the Client expresses knowledge that in the case of perishable products (ie food), it is possible that it can not be returned and, therefore, Yachtty will be entitled to charge both the product that the Yachttyer had already acquired under its mandate, and the shipping service incurred.
In the event that the Customer has incorrectly indicated the delivery address of the products, they may enter a new address at any time, provided that it is within the same city or port as the initial order and within the scope of the Yachttyer. In this case, the Customer will be entrusting the hiring of a new service and accepts that the corresponding amounts of the new delivery will be charged.

In case of being in another city or port of the initially indicated, this can not be modified to be delivered in a new city and the order will be canceled, the Client having to assume the costs generated as established in this clause.

Yachtty reserves the right to cancel an order without the need to claim just cause. In case of cancellation by Yachtty, the User will be entitled to a refund of the amount paid.

The non-perishable products exclusively acquired through the Yachtty marketplace service, are subject the Customer’s right of withdrawal within a maximum of 14 calendar days from the date of reception of the product.
In order to exercise this right, the Customer should directly contact the Store from which the product and/or service was acquired through the Platform, notifying it of their decision and the order reference number supplied by the Platform, as well as providing the till receipt or the invoice.
The Store shall notify the Customer how to proceed with the return of the product in question. The cost of returning the goods when exercising one’s right of withdrawal shall be borne by the Customer.
The Store shall only accept products returned in exactly the same condition as received by the customer. The Store shall not accept any return of products that have been used or which have suffered any damage. Yachtty will not accept any products which have been personalized by the Customer, or which are not suitable for return for health or hygiene reasons.

Yachtty has official complaint forms available to the consumer, for the purpose of the service offered by Yachtty in the following languages: Spanish and English. The aforementioned complaint forms may be requested by the consumer in the following email address: yachtty@yachtty.com and the option to access them will be sent automatically. The consumer must specify in the email the port, the city and country from which they are making the request, indicating the exact location from which they are making the request, that must coincide with the place where the service is performed, and in case of doubt, the latter will be the place where the claim should be filed.
9. Special custom service´s conditions to purchase services and/or products through the Yachtty marketplace
Through the Platform, the Customer may request the acquisition by Yachtty of a series of products and/or services offered by the commercial establishments and business companies through which Yachtty has a commercial agreement (hereinafter, the Store or Stores). The Customer may select a series of options from a drop-down menu determined by the Stores in which the characteristics and the price are indicated, as well as, on occasions, a photograph of the product or service in question.

Through the free space text, the User manifests his/her willingness to request the acquisition of certain products, making Yachtty become a simple representative acting on behalf of the User. As a consequence of the above-mentioned the User would be the only one responsible, and who, in such case, would assume any incidence released from the nature of the products requested (I.e. civil responsibility, sanction, penalties…).
Once the Customer has selected one of the options, they may complete the order using the free text field to add more detailed information or instructions for the Yachttyer carrying out each order.
The Customer is aware of and accepts that the descriptions and, if applicable, the prices, the photographs of the products and/or services offered on the Platform shall be made based on the information and documentation provided by the Stores. Yachtty can therefore offer no guarantees against possible inaccuracies in these descriptions, prices and/or photographs.
The customer also accepts that all Yachtty marketplace products are subject to their availability and therefore assume the possibility that, during the realization of the order, the product and/or service may not be available at the store. Furthermore, the price of the product may vary slightly due to changes at the point of sale. Yachtty reserves the right to proceed with the purchase where there are price variations of up to 30%. If 30% is exceeded, Yachttyer shall contact the Customer in order to inform them of the situation.
Once Yachttyer has acquired the product and/or service from the Store, the receipt for said product and/or service shall be delivered to the Customer. If the order involves the delivery of a product, the Yachttyer shall deliver it to the Customer at the exact place and time indicated by the latter party. If the Customer cannot be found at the agreed location for the aforesaid delivery, the Yachttyer shall retain the product for 24 hours, or 10 minutes in the case of perishable goods. The Yachttyer shall not be liable for the deterioration or expiration of the purchased product in question.
Yachtty reserves the right to withdraw any product from their marketplace as well as modify the content of their list at any moment, without any liability attributable thereto.
9.1 Same day deliveries
Yachtty shall provide the Customer with a delivery service for the products acquired in the marketplace in some ports and cities. The order can be made if the following conditions are met at the moment of payment of the order:
• The service is available for the time of day chosen.
• The goods to be delivered can be found in one of the cities and ports in which Yachtty operates.
• The delivery location should be in one of the cities and ports in which Yachtty operates.
9.2Pricing and method of payment
The price of the product and/or service shall be that offered by the commercial establishments and business companies on the Platform. However, the Customer assumes that in all circumstances, the price of certain products may vary in real time, due to the stock availability of the establishments that are offered on the platform. The Customer shall always be notified of the final cost prior to payment.
The Client will have permanent contact with Yachttyer, which will act on its behalf in the acquisition of products and services, so any change or variation will be communicated by Yachttyer prior to the execution of the mandate for the Client’s approval. In case of wanting to make some clarification about the requested order, the Client will always have the possibility of contacting the Yachttyer that executes the given mandate.
Similarly, during the payment gateway, the Customer shall be informed of the final price and the approximate delivery time, in accordance with the Yachtty service conditions set out above.
The customer may make the payment of the services in cash, by Bank transfer or through his credit card. The cash payment option may not be available or in a limitated quantity (1.000,000 € per invoice taxes included) in all countries where Yachtty operates. The Client will be informed, when accessing the order, of the different payment options that he has according to the territory from which he requests the service. For payment by card, the Customer must provide the card data through the Virtual POS integrated in the platform as a method of payment. Yachtty does not keep the card number on its servers. The complete information will be stored on the servers of the payment service provider that makes the payments on behalf of Yachtty.
The credit card payment does not represent an extra cost for the Customer. All this according to the terms of the payment platform set forth in Clause 6.1.

In case of payment in cash, the customer must pay the price at the time of delivery of the product and/or service and/or fulfillment of the message at the place of delivery. The customer can not refuse to pay the cost of the delivery service and/or the price of the requested product. The customer can only refuse to pay the cost of the service if he has made a claim and has received a favorable resolution from Yachtty at the time of delivery.

In case of payment by Bank transfer, the customer must pay the price at the time and always before of delivery of the product and/or service and/or fulfillment of the message at the place of delivery. The Yachtty’s Bank Account details it showed in the invoice and always at customer disposal through our platform and Yachttyers. The customer can not refuse to pay the cost of the delivery service and/or the price of the requested product. The customer can only refuse to pay the cost of the service if he has made a claim and has received a favorable resolution from Yachtty at the time of delivery.

In case that for any reason the customer service charge can not be made, it will be blocked to use the platform again until it regularizes its debt.

9.3 Free sample delivery at home and other commercial actions
Yachtty reserves the right to make commercial agreements with Shops, Large Stores, Businesses, Professionals (i.e large-scale companies in the food sector, laboratories, department stores, large and small consumer brands…) for the purpose of promotional communications, including the yacht/home delivery of free samples together with the order requested by the User. Said commercial actions must be explicitly accepted together with the present terms of Use by the Users.

9.4 Return of non- perishable defective products
In the event that a product needs to be returned due to it not working correctly or a manufacturing defect, the Customer should notify the Store directly through the Platform, indicating the product defect in question within the time established by the store in question. The Store shall notify the Customer how to proceed with the return of the defective product.
10. Purchase of alcoholic drinks
Users purchasing an order including alcoholic drinks through this platform must be 18 years of age or over. On placing an order that includes alcoholic drinks, the User shall confirm that they are at least 18 years of age. Yachtty reserves the right to refuse to deliver alcohol to any person who cannot prove that they are at least 18 years of age.
The present clause will be of identical application to any other product and/or analogous service reserved to the majority of age according to current legislation and that is requested by a User through the Platform.

Likewise, in the cases and in the cities in which the sale and/or delivery of alcoholic driks are restricted to a time band, the User is responsible for placing orders in the allowed times according to the applicable regulations. Yachtty reserves the right to refuse to allow the purchase order and/or delivery of alcohol outside the allowed times.

10.1. Products in pharmacy offices
Yachtty does not sell or advertise medicines for human use through the Platform complying with current regulations. The Yachttyer act as agents of those Users who request medicines for human use not subject to medical prescription through the Platform for their collection.
In any case, Yachtty guarantees Users the pharmaceutical advice before requesting their medications. For this reason, Yachtty has enabled a box on REQUEST so that in case of doubt, the User consults the pharmacist who will give out the product or products through with the purpose that the Pharmacist can dispense the adequate product.
In any case, Yachtty is not responsible for the use made by users of the products requested in the Pharmacy section nor will it be liable for the quantities and/or conditions of the products dispensed at the pharmacy offices.
Additionally, the Platform may assign to a pharmacy that dispenses the medication requested by the User, the user’s name and telephone number, in order to respond to the questions raised. Said assignment will be subject in all cases to the express and unequivocal authorization of the User in accordance with the applicable legislation on the protection of personal data.
Yachtty makes available to all the Yachtty Users in the Platform the official data sheet of the medicines published by the Agency for Medicines and Health Products of the corresponding country.

Yachtty policy on restricted materials
The following is a non-exhaustive list of restricted materials and materials subject to limitations:

Alcohol and tobacco Deliveries of alcohol and tobacco may be restricted or subject to limitations in the countries and/or ports and cities where the platform operates.
Animals and controlled species Animal parts and fluids, prohibited seeds, poisonous or nuisance plants, other controlled plants and organisms threatened with extinction or whose trade is similarly controlled by law, including derivatives thereof.
Child pornography Pornographic material involving minors or which may be perceived as erotic paedophilia.
Copyrighted software and media Unauthorized copies of books, music, films and other protected or licensed materials, including copies lacking appropriate attribution. Unauthorized copies of software, video games and other protected or licensed materials, including OEM and other products which activate unwanted messages.
Counterfeit and unauthorized products Replicas and imitations of designer products and other goods, celebrity objects which normally require authentication, fake autographs, forged currency, stamps and tickets and other such unauthorized goods.
Devices used to bypass security measures. Modems, chips and other devices used to disable protective measures such as those found in digital devices, including those used to unlock iPhones.
Drugs Controlled substances, narcotics, illegal drugs and drug accessories, including psychoactive substances and plant drugs such as hallucinogenic mushrooms as well as any material promoting their use. Legal substances, such as plants and herbs, in any form that suggest their ingestion, inhalation, extraction or any other use that may result in the same use as an illegal drug, substance or component, or which may have unproven health benefits.
Deliveries of pharmacy products may be limited or restricted in certain countries and/or ports and cities where the Platform operates. It is not allowed to order/send medicines subject to medical prescription without it. OTC /over-the-counter medications, complementary health products, as well as any other hygiene, nutrition or similar products, for sale in pharmacy and for human use, are subject to the mandate that the User confers on Yachttyer and on what the pharmacist deems appropriates.

Gambling Lottery tickets, bets, membership applications for online betting sites and all related content. The promotion of physical casinos is allowed.
Hacking and cracking material Manuals, guides, information and equipment that is in breach of the law and which facilitate fraudulent access to software, servers, websites and other protected property.
Human body parts Organs or other body parts, bodily fluids, stem cells, embryos.
Stolen or illegal goods Materials, products or information that advertises illegal goods or facilitates illegal acts. Goods which the seller does own or for which they do not have the right of sale. Goods produced in infringement of the rights of third parties. Goods which violate import, export or labeling restrictions. Motor vehicles subject to transfer restrictions: You (Yachtty user) are the sole person responsible for fully verifying that these objects are authentic and legal.
Illegal telecommunications equipment Devices which seek to obtain a free satellite signal, illegal products used to modify mobile telephones and other equipment.
Offensive goods Literature and other material and products which:
• Defame a person or group of people on the basis of their race, ethnicity and nationality of origin, religion, sex or other factor.
• Defame a person or group of people who are protected by law in supposed cases of defamation (such as, for example, the royal family in certain jurisdictions).
• Glorify violence or incite others to commit violent acts.
• Promote hatred or intolerance.
• Promote or support the membership of terrorist groups and other illegal organizations.
• Contravene public morality.
Offensive goods, crime Photos or objects from crime scenes, such as personal belongings, or objects associated with criminals or criminal acts.
Precious materials The sale of loose precious stones or other valuable rare materials.
Culturally protected items and artefacts Material covered by the 1970 UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property or other goods whose sale, export or transfer are protected by law. Artefacts. Cave formation (stalactites and stalagmites).
Pyrotechnic devices and hazardous substances Pyrotechnic articles and related products in markets in which their delivery is regulated, as well as substances such as gasoline and propane.
Traffic devices Radar devices, licence plate covers, illegal changers of traffic devices and related products for navigation.
Arms Firearms, munitions and other objects, including but not limited to guns, camouflage and undetectable knives, martial arts weapons, silencers, munitions and arms magazines.
Currencies Foreing exchange or currencies secured against precious metals, as well as bills, coins or any other valuable security.
Primary and secondary schools and use by minors Yachtty reserves the right to refuse orders from minors. It also reserves the right to refuse orders from locations close to primary and secondary schools, as well as to request the corresponding accreditation.
Improper use of the platform and abuse We will not tolerate the use of abusive language or behaviour toward our company or independent workers.
11. Geo-location
Yachtty may gather, use and share data regarding location, including real-time geographic location from the User’s computer or mobile device, only if the User has authorized it previously. This location data can be gathered and used by Yachtty to show the location of the origin of an order and/or the location of the destination .Users therefore give their express consent that their geo-location data may be shared with other Users and Suppliers in order to ensure the success of the order at any moment. The Users will opt to disable their geo-location service in their devices according to what it is detailed in the Privacy Policy.

It is the responsibility of the User to correctly introduce the collection and delivery addresses. In this sense, Yachtty is not responsible for error or omission in the introduction of them by the User.
12. User obligations
Users are fully liable for access to and the correct use of their profile and other Platform content, subject to current legislation, either national or international of the country in which the platform is being used, as well as principles of good faith, ethics, customs and public order. Specifically, the user hereby agrees to observe these General Conditions of Use.
Users should refrain from using their profile and other Platform content for illicit ends or for purposes which damage the rights and interests of third parties, or which may cause damage to, disable, deteriorate or otherwise have a detrimental effect on the Platform, its content and its services. It is similarly prohibited to impede the normal use or enjoyment of the Platform by other Users.
Yachtty disclaims editorial responsibility for, and expressly declares that it does not identify with any of the opinions that Users may post on its Platform, the consequences of which are the sole responsibility of the User making said post.
Those Users that fail to comply with these obligations shall be liable for any resulting claim for damages. Under no circumstances shall Yachtty be held responsible for any consequence, damage or detriment arising from the illegal access or use by third parties.

In general and including but not limited to the following, Users agree to:
• Not alter or modify, either wholly or partially, the Platform, bypassing, deactivating or manipulating any function or service thereon.
• Not infringe any industrial and intellectual property rights or personal data protection regulations.
• Not use the Platform to slander, defame, intimidate or harass other users, or damage their image. Not access the email accounts of other Users.
• Not upload computer viruses, corrupted files or any other programme that may cause damage or alteration to Yachtty or third-party content and systems.
• Not send out mass emails to large numbers of people, nor pass on email addresses to third parties without consent.
• Not advertise goods or services without the prior consent of Yachtty.
A User may report another User where he or she deems that the General Conditions of Use are being violated. All Users may also inform Yachtty of any abuse or infringement of these conditions, via email to yachtty@yachtty.com. Yachtty will check this report as soon as possible and adopt the measures it deems appropriate, reserving the right to withdraw and/or suspend any Platform User for the breach of these General Conditions of Use. Yachtty also reserves the right to delete and/or suspend any message with illegal or offensive content, without needing to give prior warning or any subsequent notification.
13. Cancellation of User’s registration
The User may cancel their registration by sending an email to this effect to yachtty@yachtty.com.
14. Yachtty’s responsibility
The User is responsible for having the services and equipment needed to use the internet and access the Platform. In the event of any incident or difficulty when accessing the Platform, the User should notify Yachtty by email to yachtty@yachtty.com, who will analyze the incident and advise the User on how best to solve the problem as quickly as possible.
Yachtty does not control, nor is it liable for the content that Users post on the Platform, with these persons having sole responsibility for the legal appropriateness of said content.
Yachtty shall not be liable for any interruption to service, connection errors, service unavailability or deficiency in terms of internet access, nor for any interruptions to the internet network or for any other reason beyond its control.
Yachtty shall not be held responsible for any security errors which may arise, nor for any damage to the User’s computer systems (hardware or software) or to files and documents stored therein, as a consequence of:
• The presence of a virus on the computer system or mobile device that the User utilizes in order to connect to Platform services and content.
• Browser malfunction.
• The use of versions thereof that have not been duly updated.
15. Responsibility for content
Yachtty is under no obligation to control or not control the usage that the User makes of the Platform. Subsequently it cannot guarantee that Users utilize Platform pursuant to these General Conditions of Use, nor that said usage is diligent and/or prudent. Similarly, Yachtty is under no obligation to verify or not verify the identity of the User, nor the veracity, applicability, comprehensiveness and/or authenticity of the information that they provide.
Yachtty declines all responsibility for damages of any kind due to the illicit use of the Platform by Users or any use which may be the result of a lack veracity, applicability, comprehensiveness and/or authenticity of the information that Users give to other Users regarding themselves and, in particular, although not exclusively, for any damages which may result from the impersonation of a third party by a User in any kind of communication made through the Platform. In particular, Yachtty is not responsible for the use of the application as well as the orders that could be made by a third party from the User’s account.
Notwithstanding the foregoing, Yachtty reserves the right to totally or partially limit access to the Platform to certain Users, as well as to cancel, suspend, block or eliminate certain content, through the use of technological device designed for this purpose, if it is aware that the activity or stored information is illicit or infringes upon the rights of third parties. To this end, Yachtty may establish the filters required to prevent illicit or harmful content being uploaded onto the network. The provision by Users of content through the Platform shall represent an assignment to Yachtty of all rights of exploitation of the content made available on the Platform.
16. No-guarantee clause applicable to orders and payments
Yachtty offers no guarantee regarding the authenticity, exactitude, newness, reliability, legality or the non-infringement of third-party rights by other third-party. Users therefore declare that they understand that Yachtty is an independent company that puts Customers and Providers in contact with each other, and does not assume any liability for the information provided by them or for any damages arising from these General Conditions of Use. Yachtty shall therefore not be held responsible for the availability of Providers, nor for their due and satisfactory fulfillment of the orders do they undertake.
Yachtty offers no confirmation of, nor does it validate any Yachttyer in terms of their identity or background. Notwithstanding the foregoing, Yachtty may later undertake further checks and establish procedures designed to verify or confirm the identity of Yachttyers. When a User reaches Yachtter status, this merely indicates that this person has completed the corresponding registration process and has accepted these General Conditions of Use as well as any other specific condition that may be applicable. This does not imply either certification nor does it constitute a guarantee of the person’s reliability, suitability and/or security from Yachtty.
Yachtty therefore recommends that all Customers use common sense and give their full attention when entrusting an order to a certain Yachtty.

As members of the Platform, Users accept that any legal liability they may claim as a consequence of the actions or omissions of other Platform Users or third parties shall be limited to these Users or third parties, and shall not result in any action taken in this regard against Yachtty.
17. Updating and modification of the Platform
Yachtty reserves the right to modify these General Conditions of Use, the Privacy Policy and the Cookies Policy at any time and without giving prior notice. Users should carefully read these General Conditions of Use before accessing the Platform. In all circumstances, the acceptance of the General Conditions is an essential first step toward access to the services and content available on the Yachtty Platform.
Yachtty also reserves the right at any time and without giving prior notice to update, modify or delete the information contained on its Platform in terms of its set-up, presentation and conditions of access, without assuming any liability as a result. Yachtty does not guarantee that there will be no interruptions or errors in access to the Platform and its content, nor that it be permanently updated. Nonetheless, Yachtty shall do all that is necessary to rectify errors, re-establish communication and update content, on the condition that there are no reasons that make this impossible or difficult to execute, as soon as notification of error, disconnection or the need for content update is given.
18. Intellectual property
Yachtty is the owner or license holder of all intellectual and industrial property rights included on the Platform, as well as the content accessible thereon. The Platform’s intellectual property rights, as well as all text, images, graphic design, browser structure, information and content belong to Yachtty. Yachtty shall have the exclusive right to exploit these rights in any way, especially, the rights of reproduction, distribution, public communication and transformation, pursuant to Spanish intellectual and industrial property law.
The authorization given to the User for access to the Platform does not imply a total or partial waiver, transfer, license or assignment of intellectual and industrial property rights by Yachtty. Yachtty Platform content may not be deleted, bypassed or manipulated in any form. It is also prohibited to modify, copy, reuse, exploit, reproduce, publically communicate, make second and subsequent publications, upload files, email, transfer, use, treat or distribute in any way all or part of the content included on the Yachtty Platform for public or commercial purposes without Yachtty’s express written authorization and, if applicable, the owner of the corresponding rights.
The User who shares any type of content via the Platform declares that they have the necessary rights to do so, with Yachtty waiving any liability regarding the content or legality of the information offered. The provision of content by Users via the Platform represents the assignment of the right to exploit intellectual and industrial property derived from said content to Yachtty, free of charge and to the maximum extent permissible by law.

18.1 Independence of the Clauses
If any clause comprising these General Conditions is deemed null and void, it shall not be considered effective. Such a declaration of invalidity shall have no bearing on the rest of the Contract, which will continue to be applicable to and binding on the Parties thereto.
19. Applicable Law
The relationship between YACHTTY and the User shall be governed by and construed in accordance with the General Conditions, with the interpretation, validity and execution thereof pursuant to Spanish law. Any dispute arising out of or in relation to these Conditions of Use shall be subject to the jurisdiction of the Courts of law of Palma de Mallorca.
20. Out-of-court dispute resolution
Pursuant to that established in Article 14 of EU Regulation 524/2013, Yachtty informs all concerned that the European Commission has established a platform for the out-of-court resolution disputes regarding contractual obligations arising from sales contracts and the provision of services between consumers residing in the European Union and traders also operating therein. The Customer may access this platform through the following link: http://ec.europa.eu/consumers/odr/.

Notwithstanding the above, conflicts or controversies that take place outside the European Union, will be subject to its resolution by the Spanish Court of Arbitration of the Chamber of Commerce.

Privacy and Data Protection Policy

Last Updated: May the 24th, 2018

Pursuant to current personal Data Protection la stated on the new RGPD, Yachtty All for Yachts S.C., hereinafter, YACHTTY, informs Users of its online Platform of the company’s Privacy and Data Protection Policy which it applies to the treatment of the personal data that the User voluntarily provides to access the Site at www.Yachtty.com and to the corresponding mobile application.

By providing YACHTTY or any of its subsidiaries with their personal information via the electronic forms on the company website or app, the User expressly gives their consent to YACHTTY or any of its subsidiaries to handle this data under the terms set forth in this clause of the Confidentiality and Data Protection Policy and for the purposes hereafter expressed.

Before registering into YACHTTY or any of its subsidiaries Users should read this Privacy and Data Protection Policy. By clicking the button “Sign up”, Users manifest that they have read and that accept the present Privacy and Data Protection Policy.

On registering, the User will be required to provide certain information in order to create their profile. Customers should provide the following information: username, email address, telephone number and credit card details. When authorised by Users, YACHTTY or any of its subsidiaries shall gather data related to their location, including their geographical location in real time via the Users’s computer or mobile device.

Once registration has been completed, all Users may access their profile and add or edit the information, as they deem appropiate. The User may access the Platform and create an account through their Facebook & Linkedin profile. The information and data provided by the User shall be permanently available in their User Account and may be modified via the Edit profile option.

The User agrees to enter real and accurate information. The User shall be solely responsible for any damages which YACHTTY or any of its subsidiaries or third parties may suffer because of a lack of veracity, inaccuracy, applicability, or authenticity of the information provided.
The information gathered by YACHTTY or any of its subsidiaries shall only be used for the purpose defined in the General Conditions of Use of the website which can be seen up.

● Applicable legislation to Users Personal Data (Personal Data Protection)
● Who is responsible of the Users Data?
● What personal information about Users does YACHTTY gather?
● Why YACHTTY collects information about Users?
● Does YACHTTY share the information it receives?
● What rights do Users have?
● How do we protect personal data from Users?
● Notifications and modifications

● Applicable legislation to Users Personal Data (Personal Data Protection)

As part of its commitment to comply with the current legislation concerning data protection at all times, Users are hereby notified that personal information supplied to the website shall be subject to automatic treatment and become part of electronic files belonging to YACHTTY, under the responsibility of YACHTTY, a company duly included in the General Register of the Spanish Agency for Data Protection, for the purposes set forth on the website: management of the Users registered in the YACHTTY Platform.

Basic Information about Data Protection
Identity Yachtty All For Yachts, S.C.- CIF: J16528168
Purpose Management and provision of requested services
Legitimacy Compliance with contractual relationship, legitimate interest and consent of the User
Rights Access, rectify and delete the data, as well as other rights, as explained in the additional information.
Additional Information The additional and detailed information on Data protection can be consulted in the following sections.

In accordance with the applicable legislation, hereafter is the Privacy Policy that YACHTTY uses in the treatment of the data of the Users registered in its Platform.

● Who is responsible of the Users Data?

All personal information that is provided or collected by www.Yachtty.com, will be mainly treated by YACHTTY, which is the responsible of the treatment, with the followings contact details:

Responsible for the treatment of Personal Data
Identity Yachtty All for Yachts S.C., S.L.- CIF: J16528168
Postal Address Muelles Comerciales, Tinglado 1 – 1º 07012 Palma de Mallorca – Spain
Telephone (+34) 871 027 178
Contact Form yachtty@yachtty.com

● What personal information about customers does YACHTTY gather?

The YACHTTY Platform (which includes the Website and the “App”) is used by both the Users and the Suppliers. The Suppliers group includes the Independent Professionals that collaborate with YACHTTY (“Yachtters”) and the stores with whom YACHTTY maintains a commercial agreement (“Partners”). The information YACHTTY receives from its Users is collected as shown below.
YACHTTY collects information from the user that this contributes directly and another that is contributed indirectly through the use of the YACHTTY platform
1. Information that the User facilitates to YACHTTY directly
• Registration data: the information the User provides YACHTTY when creating an account in the YACHTTY Platform: the username and the email address.
• Data from the User Profile: the information Users add in the Platform in order to use the services provided by YACHTTY, that is, the mobile phone and the delivery address of the User. The User can see and edit the personal data of their profile at any time they wish. YACHTTY does not store the credit card details of the User, but these are given to providers of electronic payment services with a license, which will receive directly and store the data to facilitate the process of payment to the User and will manage the same on behalf of YACHTTY. In no case this data is stored in the servers of YACHTTY. The User may, at any time, delete the data of their cards linked to their account. With this action, the service providers will proceed with the deletion of the data and it will be necessary to re-enter or select them in order to place new orders through the Platform.
• Additional information that the User wants to share: information that the User provides to YACHTTY with other purposes. For example, a photograph or the billing address, in case the User requests to receive invoices.
• Information about the communications made with YACHTTY: YACHTTY will have access to information that Users provide for the resolution of doubts or complaints about the use of the platform.
The processing of these data by YACHTTY is necessary in order to comply with the contractual relationship established. If the User does not provide them, the services requested may not be available and YACHTTY will not be able to provide them.

b) Information that the User facilitates to YACHTTY indirectly

Data from usage: YACHTTY collects usage data about the User whenever he/she interacts with the YACHTTY services.
Application and device data: YACHTTY collects data from the device and application the User uses to access the services of YACHTTY. These are:
• The IP address that the User uses to connect to the Internet with his/her computer or mobile.
• Information about the User computer or mobile, such as his/her Internet connection, browser type, version and operating system, and device type.
• The full clickstream of Uniform Resource Locators (URLs), including date and time.
• Data from the User Account: information of the orders made by the User, as well as, the evaluations and/or comments that the User makes about his/her orders.
• The browsing history and user preferences.
• Source data: if the User arrives at a YACHTTY website from an external source (such as a link on another website or in an email), YACHTTY records information about the source that referred the User to YACHTTY.

Data derived from the management of incidents: if the User is directed to the YACHTTY Platform through the Contact Form or through the YACHTTY telephone, YACHTTY will collect the messages received in the format used by the User and may use and store them for manage present or future incidents.
Data derived from “cookies”: YACHTTY uses its own and Third-Party Cookies to facilitate the navigation of its Users and for statistical purposes (see Cookies Policy).
Information from external parties: YACHTTY may collect User personal information or data from third parties if the User gives permission to those third parties to share such information with us. For example, in the event that the user creates an account through Facebook or Linkedin, Facebook or Linkedin could provide us with personal data of said User in the event that he had them in his Facebook or Linkedin profile (name, gender, age…).
Similarly, if the user accesses YACHTTY through the products and services offered by Google, the latter may send user navigation data to YACHTTY, with access to the platform through the links created by Google.
The information provided by the external third party may be controlled by the User according to the third party’s own privacy policy.
Geolocation Data: in case Users authorize it, YACHTTY will collect data related to its location, including the real time geographical location of the user’s computer or mobile device.
These data are processed to comply with the contractual relationship established with the User, as well as the legitimate interests that YACHTTY has for its treatment.

● Why YACHTTY collects information about Users?

1.- YACHTTY uses the information that collects from the User to create and access the account, to communicate with YACHTTY and to perform the services requested through the YACHTTY Account, according to the mechanism described in the Terms of Use.

2.- YACHTTY also uses the information to investigate and to analyse how to improve the services provided.

In particular, YACHTTY may use the data to ensure the proper use of the products requested in its Platform (ensure pharmaceutical advice, guarantee delivery over 18 years,…)

For example, when intermediating in the collection of Pharmaceutical products or medician services, when the User accesses the Platform, in the Health space, expressly authorizes YACHTTY to provide the necessary personal information to the pharmacist or medician. This way, the pharmacist or medician who is responsible for the dispensation of products or treatment, will be able to contact the buyer if he considers it appropriate as well as to send him the information corresponding to the treatment that allows the correct use of the products. In this sense, the delivery of the order will be carried out guaranteeing the Pharmaceutical or medician Council, without the Pharmacist or medician can use the data for another purpose than to provide the necessary advice for the provision of the service entrusted.

3.- YACHTTY may use the User information for internal purposes designed to keep the services secure and operational (i.e. testing purposes, to prevent abusive activity like pishing or fraud and troubleshooting).

4.- YACHTTY internally performs statistical and other analysis on information that collects to analyse and measure user behaviour and trends and to understand how people use the services. Likewise, YACHTTY may use the data provided for the purposes of managing incidents that may occur in the provision of services.

5.- YACHTTY may use the personal data provided by the User to make communications via email and / or send SMS to the User about the operative of the service. YACHTTY will send messages to the User’s mobile phone with information regarding the status of the requested order, and once it has finished, YACHTTY will send a summary / receipt of the order including the price of the order to the User’s device or email. By registering on the Platform, it will be understood that the User accepts this Privacy Policy and, therefore, authorizes YACHTTY to make both communications.

6.- With the consent of the User, YACHTTY may send promotional messages and / or offers regarding the service offered to the Users’ e-mail. If a YACHTTY User does not wish to receive such information and / or commercial communications may at any time opt for the option to “unsubscribe” in the e-mail, and consequently, YACHTTY will immediately cease sending the above-mentioned information.

7.- Likewise, YACHTTY, with the prior consent of the User, may use the address of delivery of the order entered by the User for the purpose of carrying out promotional activities for the delivery of samples or free products (i.e. yacht delivery of free samples) together with the delivery of the order, as long as they are authorized by the Users.

8.- As described previously, if you connect your YACHTTY Account with your account on a Social Media or third-party platform, YACHTTY may use the information that the User make available through the applicable Social Media or third party platform and that the applicable Social Media or third party platform has made available to YACHTTY, in accordance with the privacy or other settings that are applicable to your Social Media or third party platform account.

9.- If ownership of YACHTTY changes or all or substantially all YACHTTY’s business assets are acquired by a third party, the Users are informed that YACHTTY will transfer the Users information to the new owner or successor entity so that YACHTTY can continue providing the services requested. The new controller will communicate their information data to the Users. YACHTTY states that it will notify the appropriate Control Authority of such transfer if the above situations occur. YACHTTY will communicate with Users the change of controller as soon as it occurs.

10.- YACHTTY does not use the Users Data other than as described in the present Privacy Policy and the Terms of Use.
The treatments defined in this point are made by YACHTTY or by third parties on behalf of YACHTTY, as described in the following point, given the legitimate interest of YACHTTY in improving the services offered to the Users, as well as to improve their experience of using the platform and to comply with the contractual relationship established between the User and YACHTTY.

● Does YACHTTY share the information it receives?

As indicated in the previous section, the personal data that YACHTTY collects will be exclusively used to achieve the object defined in the “Terms of Use”.

For the correct development of the contractual relationship and for the excellence in the provision of the service, YACHTTY will share certain personal data of the User with:
• Third-Party service providers: YACHTTY providers who execute orders, send, collect and/or bring packages, and execute orders and/or solve incidents with shipments will have access to the personal information of the Users that is required to perform their functions, but they won’t be able to use it for other purposes. These suppliers must treat personal information in accordance with the present Privacy Policy and the applicable legislation in the matter of Data Protection.
• Providers with whom YACHTTY maintains a commercial agreement: through its website and mobile application, Yachtty can be used to facilitate acquisition of products and/or services in physical stores which have an agreement with Yachtty. In such cases, the User’s name will be shared with the store for the sole purpose of facilitating the transaction.
• The User may also receive emails from Yachtty and/or the store to confirm the order, arrange a return or ask for the User’s opinion of the transaction. Stores will never receive or be authorised to request credit card information pertaining to Yachtty Users. All information provided to stores outside Yachtty’s control shall not be covered by this Confidentiality Policy.
• Pharmacies: YACHTTY may provide the name and the telephone number of the Users to those pharmacists who give out products to the Users, as long as the Users expressly and unequivocally authorize it, with the objective of ensuring the pharmaceutical advice in accordance with the current legislation in the matter.
• In the choice of service providers, YACHTTY can transfer user data outside the borders of the European Economic Area. In these cases, and prior to shipping, YACHTTY will ensure that these service providers comply with the minimum-security standards established by the European Commission and that they always process the data according to the instructions provided by YACHTTY. YACHTTY may have a contractual relationship with them where the service providers agree to comply with the instructions of YACHTTY and to incorporate the necessary security measures to protect the data of the Users.
YACHTTY guarantees that all commercial technical partners, providers, and relevant third parties are bound by contractually binding promises to process information that YACHTTY shares with them following its indications, the present Privacy Policy and all applicable Data Protection legislation.
• Security Companies and Security Forces and Bodies: YACHTTY may disclose personal information and account data of its customers when it is believed that disclosure is necessary for compliance with the law, to enforce or apply the “Terms of Use” or to protect the rights, property or security of YACHTTY, its users or third parties. This includes, therefore, the exchange of information with other societies and organizations, as well as the Security Forces and Bodies, for the protection against fraud and the reduction of credit risk.
• Payment gateway: YACHTTY does not store the credit cards data of the Users. However, the identification data of the credit / debit card (number and expiration date) are stored by the payment service provider chosen by YACHTTY, whose security measures are high as long as it is PC1 Compliant according to the Data Security Standard for the Payment Card Industry or PCI DSS. If the User requests to delete the data corresponding to the means of payment that he has entered in his profile, the third payment service provider will delete said data from his servers.
• YACHTTY may share information with law enforcement agencies and/or third parties regarding requirements of information related to criminal investigations and alleged illegal activities.
• Companies of the Yachtty Group: In order to provide the services of YACHTTY, depending on the geographical area from which users request services, YACHTTY may transfer certain personal data of the Users to its subsidiaries Users are informed that when they register in the Platform in any country in which YACHTTY operates, the User’s data will be stored in the database of YACHTTY located in Oregon (USA) and owner by the YACHTTY’s Spanish company.
The data will be communicated, in the case of subsidiaries outside the EEA, through the systems enabled by the European Commission and the Regulation, to countries that have an adequate level of protection of personal data or through contracts approved by the European Commission that establish and guarantee the rights of the interested parties and will be communicated once the approval of the pertinent control authority is obtained.
• Call Center services and incident management: To offer a Customer Service and call center, actions aimed at measuring the degree of satisfaction of users and provision of administrative support services, YACHTTY may communicate Users Data to companies located in countries outside the EEA, as long as it is authorized and the security requirements mentioned in the previous paragraph are met.
• Providers of services for the control of fraud: YACHTTY will share the data of the Users with suppliers that offer fraud control services, to study the risk of the operations that are carried out.
• Service providers for the anonymization of some data: to avoid the improper use of the data of the Users by third party service providers, YACHTTY may assign the data of the Users so that they can be anonymized and used only for the provision of the service to the Users. For example, YACHTTY may assign to third parties the telephone number of the Users to anonymize them and provide them in this format to the providers used to comply with the services contracted by the Users.
• The data of the YACHTTY Users are stored in the servers of Amazon Web Services, Inc. located in Oregon (USA) contracted by YACHTTY. YACHTTY states that said servers comply with the applicable legislation on Data Protection and with the commitments set out in the Present Data Privacy Policy. The Yachtty Users expressly authorize the subsidiaries of the YACHTTY group to access their personal data from any territory in order to provide the service requested by the User.
• The data of the YACHTTY Users will not be transmitted to any third party, except that (i) it is necessary for the services requested, in case YACHTTY collaborates with third parties (ii) when YACHTTY has express and unequivocal authorization from the User, (iii) when requested by the competent authority in the exercise of its functions (to investigate, prevent or take actions related to illegal actions) or (iv) finally, if required by law.
• With the User consent: apart from what abovementioned, YACHTTY will inform the User in case some information about the User is shared with YACHTTY’s commercial partners or third parties with a different purpose of the ones expressed in the present document (i.e. commercial purposes). The information will be given to the User in order to give him/ her the chance to oppose to the share of information.
• With the consent of the User too: to third parties not commercial partners, without a link with Yachtty, as long as there is prior and unequivocal authorization by the User.

None of the above data communications will include selling, renting, sharing or otherwise disclosing personal customer information for commercial purposes in a manner contrary to the commitments made in this Privacy Policy.

YACHTTY shares the information of the Users as described to comply with the applicable regulations, to help YACHTTY improve the provision of its services, to comply with the contractual relationship with the User, as well as the legitimate interest of YACHTTY.
● What rights do Users have?

– How long will YACHTTY keep the data?

The personal data provided will be kept as long as the User does not request its suppression for a period of 24 months since his/her last interaction with the Platform.

In case of withdrawing the consent or opposing the treatment, the data will be blocked and will stop being treated and will be kept for a period of 4 years in order to be able to claim or defend us from possible claims.

– Right to withdraw the consent

At any time, the User may withdraw their consent for the processing of data by YACHTTY.
For its withdrawal, it will be enough for the User to fill in and send the contact form available at www.Yachtty.com. The withdrawal of consent may be carried out at any time by the interested party. The Users accept and consent that the withdrawal of consent implies that YACHTTY can not provide the services of its Platform.

– What information can access the Users?

YACHTTY gives the User access to a large amount of information about his/her account and his/ her orders at www.Yachtty.com so that he/she can see, and in certain cases, update that information.

All Users may access their profile and add or edit the information, as they deem appropriate. The User may access the Platform and create an account through their Facebook or Linkedin profile. The information and data provided by the User shall be permanently available in their User Account and may be modified via the Edit profile option.

– Rights of access, rectification, deletion, limitation of the treatment, opposition and right to the portability of the data

The right of access is conceived as the right that the user has to request YACHTTY if it deals with any personal data, together with the information established in article 15 of the Regulation.
As established in Article 16 of the Regulation, the User may request YACHTTY to rectify the data present in its database if they were incomplete.
The right of suppression empowers the User to request YACHTTY the deletion of their personal data in the cases provided in Article 17 of the Regulation.
If the User requests it, based on the conditions of article 18 of the Regulation, YACHTTY will limit the use of the data to that established in that article.
Article 20 of the Regulation regulates the Users’ right to portability, which will allow them to request YACHTTY to send all the data they have in a structured and automatic reading format, requesting that they be transmitted to another responsible person, that the same User request.
The User also has the right to oppose the treatment of personal data held by YACHTTY in its possession as established in Article 21 of the same Regulation.
The exercising of these rights is strictly personal and thus the affected party will be required to accredit their identity. The exercising of these rights should be undertaken by the owner of the data, indicating their address and providing a copy of their National Identity card, passport or other such supporting document, contacting YACHTTY through the email: yachtty@yachtty.com

– What options do Users have?

As indicated above, if the User wishes to stop receiving emails from YACHTTY, the User can adjust their subscription options in the email tray and press the “Cancel Subscription” button.

In addition, Users may choose that YACHTTY does not know its geolocation. Most mobile devices give its Users the ability to disable location services. Most likely, this possibility is found in the configuration menu of the device. If Users have questions about how to disable the location services of their device, YACHTTY recommends to the Users that they contact the manufacturer or their mobile service provider.

Apart from the exercise of the rights described above, Users have the right to submit a claim to the control authority for the knowledge of their claim.

● How do we protect personal data from Users?

YACHTTY has adopted all necessary measures, recommended by the European Commission and the competent authority, to ensure the required level of security, based on the nature of the personal data and the circumstances of its treatment, in order to prevent, as far as possible and where so permitted by current technology, its alteration, loss, treatment or unauthorised access. The personal information supplied to YACHTTY will not be ceded to any third party without the prior authorisation of the owner of said data.

● Notifications and modifications

As stated before, all users may exercise their rights to access, rectification, cancellation or opposition to the treatment of their personal data. Users can exercise these rights or ask about the present Privacy Policy through the email: yachtty@yachtty.com

As YACHTTY business changes constantly, our Privacy Policy, Cookies Policy and Terms of Use change accordingly. YACHTTY will send Users the notifications related to important changes and modifications of those documents via email or any other means that ensures receipt of them. Nevertheless, YACHTTY will never materially change its policies and security practices to make them less protective of customer information collected in the past.

In case of discrepancy between the translated versions and the Spanish version of this text, the latter will prevail.