We are committed to respecting and protecting your privacy. This privacy notice outlines how we collect and use the personal data you provide to us via this website, www.nxgencharter.com (our "Site"), and the online services we offer (Nxgen Charter Online, Yacht Charter API, WordPress API Plugin, Reservation System, and Charter Brochures) (each a "Service" and, together with the Site and any other services we provide to you, our "Services"). It also informs you about your privacy rights and how certain laws may apply to you.

If you have any queries about this notice or how we use your personal information, please contact us.

Contents

• About us
• What personal data do we collect via the Site?
• How we collect personal data
• How and why we use personal data
• Children
• How we share personal data
• International transfers
• Data security
• How long we keep personal data
• How long we keep personal data
• Your rights
• Changes to this notice or your data

1. About us

Our Services are operated by Nxgen Charter Limited ("Nxgen Charter", "us", "we", or "our").

Nxgen Charter Limited is a limited company registered in England & Wales with company number 4370794, and with its registered office at TBC, London, WXY ZZZ. Nxgen Charter is the data controller of, and responsible for, any personal data you provide to us via our Services, and is registered with the UK Information Commissioner's Office under number XXX123123 (placeholder).

You can contact us about any queries you have regarding this privacy notice at either our postal address above, or at Contact Us.

2. What personal data do we collect via the Services?

'Personal data' means any data that can be associated with you as an individual, either directly or indirectly. We collect different information depending on how you use the Services and how you interact with us.

The personal data we collect via the Services may include:

• Identity information, such as your name.
• Contact data, such as your address, email address, and phone number.
• Usage data, including information about how you use the Services (including any charters or other services we have provided to you). General, aggregated, demographic, and non-personal data (such as aggregated anonymous information about website usage) may also be collected. We will also collect details of transactions or bookings for yachts requested or carried out through our Services.
• Log-in information, such as your username and password.
• Children
• Payment and transaction information, including your charter and booking history, and certain other information associated with your payments. This does not include your payment card details, which you provide directly to our payment processors. We do not collect or store payment card details.
• Technical data, such as the device you are using to access our Services, your unique device ID, your internet protocol (IP) address, browser type and version, time zone, display settings, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access the Services.
• Marketing and communications data, including our communications from and with you, and your preferences in receiving notifications, marketing, and other communications from us.

We do not ask for 'special categories' of personal data, such as details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, or health information. However, if you choose to provide us with this information and provide us with your explicit consent, we may retain it. We do not collect data about actual or alleged criminal offenses.

3. How we collect personal data

Different personal data is collected in different ways

• a) Personal data you provide to us

When you create an account to use our Services, you will provide us with your identity, contact, and log-in information, and your marketing and communications preferences. We also collect information that you provide by filling in forms (including the “Contact Us” form) on the Sites or making inquiries or bookings through our Services. This includes information provided at the time of registering to use our Services, subscribing to our service and membership information, posting material, or requesting further services. We may also ask you for information when you report a problem with our Site.

When you enter your payment card details via our Services, they are provided directly to our payment processors, Stripe. We do not store payment card details. You will also provide us with personal data when you correspond with us.

We also accept wire transfers and payments via cheque. When you make such payments, the personal data you may provide to us may include your name and account number (if the payment is being made by you as an individual).

• b) Personal data we collect as you use our Services

As you use the Services, we will collect your technical, usage, and transaction data as described above.

Some of this data is collected using cookies, beacons, and similar technologies. Cookies are files with a small amount of data that are sent to your browser (or device) from our Services and stored on your device.

You can find out further information about how we use cookies on the Services by reviewing our Cookie Policy.

You can remove cookies from your computer through the settings on your browser, but be aware that this may impact your ability to make use of some features on our and other websites. Management of cookie settings varies from one browser to another. The "Help" menu of your web browser will provide full instructions.

If you have any queries concerning your personal information or any questions on our use of the information we derive from the use of cookies on our Services, please contact us.

• c) Personal data we obtain from third parties

We may obtain personal data such as name, contact details, and booking information when processing inquiries from third-party websites to send inquiry receipt emails as well as passing on the inquiry details to the relevant agent.

4. How and why we use personal data

We will only use your information where:

• a) We need the information to fulfill our contract with you or services you have asked us to provide

If we have entered into a contract to provide you with our Services, we will need your personal data to do so. The personal data that we use will depend on the service(s) we have agreed upon. For example:

• We will use your contact details to communicate with you about the Services we provide, to facilitate providing our Services to you, and to respond to any requests, queries, issues, or concerns you may have.
• We will pass your inquiries and booking requests for yachts onto the relevant agent.
• If you ask us to charter a yacht on your behalf, we will need to provide your identity and contact information to the relevant charter agent to complete the charter agreement.
• To ensure that our Site displays properly on your device.
• To process payments made by you if you are paying for our Services via cheque or wire transfer.
• b) We have a legitimate interest (reasonable business purpose) in doing so

We will use your information for our legitimate business reasons where our doing so will not unduly affect your rights.

• We will use your identity, log-in, contact, and usage information to keep our records up to date.
• We will use your technical and usage information to:
• provide and make improvements to our Services, system maintenance, support, reporting and hosting of data, and troubleshooting;
• carry out research and provide such information to third parties to improve or promote the Services. No individuals can reasonably be identified or linked to any part of the information we share with third parties to improve or promote our Sites or the services we offer;
• ensure that content from our Services is presented in the most effective manner for you and for your device;
• ensure that our Services are secure;
• analyze how users interact with our Services; and
• develop new products and services.
• If you subscribe to our services or are a customer, we may also use your personal data to notify you about changes to our Services or to contact you via email about service-related announcements, billing-related matters, changes to our Site, Services, or policies, or other service or administrative-related matters. Please note that you cannot opt-out of such communications.

We may also use any or all of the information above to administer and manage our business in general, to detect and prevent misuse of our Services (including fraud and unauthorized payments), and to enforce our Terms and Conditions or any other contract to which we may be a party. If you feel that your interests and fundamental rights outweigh our business purposes, and that we should therefore stop processing your data, please let us know.

• c) You have given us your consent

If you sign up for our mailing lists, we will send you updates and marketing information that you have consented to receive. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send, or by emailing us at Contact Us.

We will only ever store any 'special categories' of data when you have provided us with your explicit consent to this.

• d) We need to comply with a legal or regulatory obligation

In certain circumstances, we may need to retain or use your personal data to comply with regulations and/or the law.

5. Children

Our Services are not intended to be used by any child under the age of 18.

6. How we share personal data

We will share your data:

• a) With our trusted third-party service providers

These include:

• When you request Services that will be fulfilled by a third party (such as a yacht charter or payment processing company, for example), we will share your details with that third party (our "Suppliers"). We will only disclose your information to Suppliers to the extent necessary for the Service(s) you have requested. This will typically include your identity and contact information.
• We share certain information with our information technology providers, such as website and mailing list hosts, and web traffic analytics tool providers.
• We may also share data with analysts, consultants, and other professional advisors whom we retain for advice in respect of our business operations.

We will only disclose your data to third-party service providers under terms of confidentiality, and they will only use your personal data for the purposes stated in this notice.

As noted above, we do not share your payment information with our payment processors - instead, you provide it to them directly. We use Stripe to process payments made in respect of our Services. For information about how they use your personal data, please see Stripe’s privacy notices at Stripe Privacy Policy. The only exception to this is if we suspect that your account is being misused, in which case we may discuss certain aspects of your transaction history and/or identity details with our payment processors.

• b) With our US entity

Our US affiliate company is called Nxgen Charter Limited, Inc. whose contact address is 333 Las Olas Way, CU#1 Fort Lauderdale, FL 33301 USA. We share personal data between our UK and US entities (together, our “Group”).

Your personal data may be disclosed or transferred to potential or actual buyers of, investors into, or lenders to our business or any of our assets, or any of the advisors or representatives of the above. If so, we will ensure that appropriate confidentiality terms are in place.

On rare occasions, we may share personal data when we believe it is necessary to comply with the law, regulation, or legal request (including a court order or government inquiry); to enforce or apply our terms of use or other agreements; in the context of a business reorganization or restructuring exercise; or to protect the rights, property, or safety of our business, our employees, our users, or others.

7. International transfers

Our Services are hosted on servers located in the European Economic Area (EEA) and the US. Our US servers are hosted by AWS, LLC., which has certified its compliance with the EU-US Privacy Shield Framework (click here for more details).

We regularly send contact details of our charter clients and prospective clients to companies (such as booking agents) which may be located outside of the EEA. When we transfer your data outside of the European Economic Area to a country which the European Commission does not deem to have adequate data privacy laws, we will take the necessary steps to ensure that such transfer(s) are in accordance with applicable data privacy laws. In respect of transfers within our Group (as defined in section 6 above), we have executed a data transfer agreement giving effect to the Model Clauses pursuant to Commission decision 2004/915/EC.

8. Data security

The safety of your personal data is of paramount importance to us, and we use various technical and organizational measures to ensure that your data is secure. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our Services, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

However, no transmission of information via the Internet or electronic storage is ever completely secure. Although we take appropriate measures to safeguard against unauthorized disclosures of information, we cannot guarantee the security of your data.

9. How long we keep personal data

We will only retain your personal data for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. If you contact us or submit an inquiry or booking to an agent via the Services, we may keep a record of that correspondence.

To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

To obtain further information about how long we retain your personal data, please contact us at Contact Us.

10. Third-party links

Our Service may contain links to third-party sites whose information practices may be different than ours. Please consult all third-party sites' privacy notices, as we have no control over information that is submitted to, or collected by, third parties.

11. Your rights

You have the right to:

• Require us to rectify the personal data we hold about you, where that data is incorrect;
• Require that we restrict the processing of your personal information in certain circumstances;
• Request access to the personal data that we hold about you;
• Require that, in certain circumstances, we delete the personal information we hold about you;
• Require that we provide you with the information that we hold about you in a structured, commonly used, and machine-readable format; and/or
• Withdraw your consent to our using your data for marketing purposes at any time.

You can:

• a. Access, update and correct your personal information in your account by visiting your account page;
• b. Cancel your account. To cancel and delete your account, please contact us at Contact Us. The data will remain available to Nxgen Charter but only on an anonymous basis. We will fulfill requests to fully delete personal data unless the request is not technically feasible or such data is required to be retained by law (in which case we will block access to such data if required by law).

You also have the right to lodge a complaint with the Information Commissioner’s Office, which is the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, be grateful if you would contact us in the first instance so we can endeavor to deal with your concerns directly.

If you wish to exercise any of these rights, please contact us at Contact Us.

To protect your privacy and security, we will take reasonable steps to help verify your identity before granting access or making corrections.

12. Changes to this notice or your data

We may amend or modify this privacy notice from time to time. We will post any revised notice on this Site, and if the changes are significant, we will notify you by email where appropriate.

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.