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    1. Privacy Policy
    2. User Agreement
    3. Cookie Policy

    Privacy Policy

    Privacy statement

    This is the privacy statement of Nauticworx B.V. (hereinafter: Nauticworx). It explains, among other things, which personal data is processed by Nauticworx, how this is done, and for what purposes. We also inform the individuals whose personal data is concerned (hereinafter: the data subject[s]) about their rights. Nauticworx values the careful handling of personal data and is always guided by the EU General Data Protection Regulation (hereinafter: GDPR) and other relevant privacy protection laws and regulations. This privacy statement applies to the processing of personal data of customers, contractors, and suppliers of Nauticworx.


    Responsibility

    The processing of personal data takes place under the responsibility of Nauticworx B.V., statutorily located in Rotterdam, the Netherlands, Stationsplein 45 (3013 AK). registered with the Dutch Chamber of Commerce under registration number 93414080. If you have any questions, complaints, or comments about the processing of personal data by Nauticworx, or for other reasons, you can contact us by email at support@nauticworx.com. We will respond to your question, complaint, or comment as soon as possible.

    What data do we process?

    To serve you as best as possible, Nauticworx processes the following (categories of) personal data concerning customers and business relations:

    • first and last name;
    • position;
    • (business) address and contact details (e.g., address, email address, phone number);
    • payment information (e.g., invoices, claims, bank account details);
    • emails and other correspondence (e.g., orders, requests, questions, complaints); and
    • data related to website visits (e.g., website visits, device ID, IP address).
    • links to social media (e.g. LinkedIn)
    • company website link

    Why do we process personal data?

    Nauticworx only processes personal data if and to the extent necessary for the realization of the following purposes:

    • enabling communication;
    • sending newsletters, advertisements, and invitations;
    • maintaining an online database for business operations;
    • determining the specifications a service must meet;
    • providing services;
    • preparing, issuing, and sending quotes;
    • issuing invoices;
    • credit and debit management;
    • concluding and sending contracts;
    • ensuring and improving the quality of services;
    • assessing and handling complaints and damage claims;
    • ensuring compliance with contractual obligations;
    • complying with tax and other laws and regulations;
    • ensuring the proper functioning of the website;
    • conducting customer satisfaction surveys; and
    • organizing and/or participating in events.

    Legal basis for processing

    Nauticworx always processes personal data based on a legal ground as referred to in Article 6 of the GDPR. Nauticworx uses the following legal grounds for its processing:

    1. A. Consent: This concerns the processing of personal data following a free, specific, informed, and unambiguous expression of will by which the data subject accepts the processing of personal data concerning him or her by means of a statement or a clear affirmative action, and which meets the conditions for consent as referred to in Article 7 of the GDPR;
    2. B. Contract: This concerns the processing of personal data necessary for the proper implementation and execution of a contract to which the data subject is a party;

    1. C. Legal obligation: This concerns the processing of personal data necessary to comply with a legal obligation to which Nauticworx is subject; and

    1. F. Legitimate interest: The processing of the above-mentioned personal data is necessary for the legitimate interests of Nauticworx, which lie in efficiently running its business and enabling high-quality service. This is always based on a weighing of your interests in protecting personal data.

    How long do we retain your data?

    The personal data mentioned above is not retained longer than necessary for the realization of the above-mentioned purposes. Personal data will never be retained longer than legally permitted.

    For personal data of customers, we maintain a retention period of five years from the completion of the contract. An exception is made if (i) there is a legal obligation to retain personal data longer, (ii) there is a need to retain data longer in view of a (possible) legal procedure, or (iii) the data subject has explicitly given consent to retain data longer.
    We retain personal data of business relations for up to five years after the end of the contract. An exception is made if there is a legal obligation to retain data longer or if there is a need to retain data longer in view of a possible legal procedure.

    How is your personal data secured?

    Nauticworx ensures adequate security and takes appropriate technical and organizational security measures aimed at preventing loss and/or unlawful processing of your personal data. Nauticworx has taken the following security measures:

    • only persons who need to process personal data to perform their work have access to personal data. All these persons are bound by confidentiality;
    • Nauticworx actively informs its employees about the importance of careful handling of personal data and the rights of data subjects;
    • access to data is secured with a password;
    • Nauticworx periodically makes backups of the personal data it processes to restore them in case of physical or technical incidents; and
    • Nauticworx regularly evaluates, at least once a year, whether the technical and organizational security measures taken still provide an appropriate and adequate level of security or whether adjustments are required to ensure adequate protection of personal data.

    Who do we share your personal data with?

    The purpose of the Nauticworx platform is to bring supply and demand together. Only after explicit consent of both parties to an inquiry, the contact details of the parties will be provided to each other. The parties to an inquiry are not considered to be third parties within the context of this privacy statement.

    Nauticworx may decide to engage third parties for activities related to the realization of the aforementioned processing purposes. Nauticworx only provides personal data to third parties if and to the extent necessary for the realization of the above-mentioned processing purposes. Personal data may be provided to the following third parties:

    • we use carefully selected ICT partners for the maintenance of our ICT systems and the operation of the website. To make this maintenance possible, our ICT partners are granted access to Nauticworx’s ICT systems; and
    • Nauticworx may use providers of marketing and communication services to help deliver and produce marketing content based on the personal data we collect about our customers.

    To the extent that personal data is provided to third parties, Nauticworx will only engage parties that provide sufficient guarantees regarding the protection of personal data and the safeguarding of the rights of data subjects in line with the GDPR. Prior to the first provision of personal data, Nauticworx concludes a processor agreement with third parties that meets the requirements of the GDPR.

    In principle, Nauticworx does not provide personal data to third parties located outside the European Union unless this processing of personal data is fully compliant with applicable (international) laws and regulations.

    Publication

    The personal data we process is, in principle, never published or made public unless the data subject has expressly given consent for this or this processing is lawful based on one of the other grounds mentioned above. Data may be used in testimonials or customer experiences.

    Cookies

    Our website uses cookies. For more information, please refer to our cookie policy.

    What are your data protection rights?

    We would like to make sure you are fully aware of all your data protection rights. Every user is entitled to the following:


    Access

    Under Article 15 of the GDPR, you have the right to request Nauticworx at reasonable intervals to provide you with access to the personal data that Nauticworx processes about you. You do not need to provide a reason for this. However, we kindly ask you to clearly specify which data you wish to access. Nauticworx will decide on your request for access as soon as possible, but no later than four weeks after receiving your written request, and will respond in writing. Nauticworx will, in principle, grant such a request. However, the protection of the privacy or other legitimate interests of third parties may be a reason to grant no or limited access. If access is granted, Nauticworx will provide you with a copy of the personal data processed about you. There are no costs associated with this. If you request an additional copy, Nauticworx will charge a reasonable fee for administrative costs. Before providing a copy, we will ask you to identify yourself with a valid ID.

    If an authorized law enforcement officer requests the provision of personal data by referring to a legal basis for such a request, Nauticworx will fully cooperate with this request in accordance with the applicable legal regulations. No more personal data will be provided than necessary to comply with this request.

    Rectification

    Under Article 16 of the GDPR, you have the right to request Nauticworx to correct or complete incorrect personal data about you. This must be a request to correct or supplement factual inaccuracies or incompleteness. The right to correction is not intended for correcting impressions, opinions, and/or conclusions with which you disagree. We request that you submit a written and motivated request for correction. Nauticworx will respond to your request as soon as possible, but no later than four weeks after receiving your request. Before granting your request, we will ask you to identify yourself with a valid ID.


    Erasure

    Under Article 17 of the GDPR, you have the right to request Nauticworx to delete personal data about you if:

    • you believe the personal data is no longer necessary for the purposes for which they were collected or processed;
    • you exercise your right to withdraw the consent given at any time, and no other legal basis for processing is applicable;
    • you object to the processing on valid grounds;
    • you believe the personal data has been unlawfully processed; or
    • you believe the personal data should be erased based on a legal requirement.
    • we request that you submit a written and motivated request for deletion. Nauticworx will respond to your request as soon as possible, but no later than four weeks after receiving your request. Before granting your request, we will ask you to identify yourself with a valid ID.

    Restriction

    Under Article 18 of the GDPR, you have the right to request Nauticworx to restrict the processing of your personal data. Restriction of processing means that Nauticworx is only allowed to retain your personal data but may not perform any other processing actions with your data unless:

    • you have given consent;
    • it concerns the establishment, exercise, or defense of legal claims; or
    • the processing is necessary for the protection of the rights of other natural or legal persons.

    You can request Nauticworx to restrict processing if:

    • you dispute the accuracy of the personal data; in that case, processing can be restricted for the period necessary to verify the accuracy of the data;
    • you believe the processing is unlawful;
    • you believe the processing is no longer necessary for the purposes of processing, but you need the personal data yourself for the establishment, exercise, or defense of legal claims; or
    • you have objected to the processing; in that case, processing can be restricted pending the decision on the objection.

    We request that you submit a written and motivated request for restriction. Nauticworx will respond to your request as soon as possible, but no later than four weeks after receiving your request. Before granting your request, we will ask you to identify yourself with a valid ID.

    Data portability

    Under Article 20 of the GDPR, you have the right to request Nauticworx to provide you or a third party with the personal data that is being processed about you, in a structured, commonly used, and machine-readable format. We request that you submit a written and motivated request for portability. Nauticworx will respond to your request as soon as possible, but no later than four weeks after receiving your request. Before granting your request, we will ask you to identify yourself with a valid ID.

    Questions and/or Complaints

    If you have any questions and/or complaints about the way Nauticworx processes personal data, you can contact Nauticworx via support@nauticworx.com. To respond appropriately to a potential complaint, we kindly request you to motivate your complaint. Nauticworx will respond to your question or complaint as soon as possible, but no later than four weeks after receipt. If your question or complaint is not sufficiently addressed, we would like to discuss a solution with you. We point out that you also have the right to file a complaint with the Dutch Data Protection Authority (Autoriteit Persoonsgegevens) at any time.

    User Agreement

    1.        Introduction

    1.1     This agreement (the “User Agreement”) contains the terms on which Nauticworx offers you access to and use of the website www.nauticworx.com (the “Platform”). By accessing or using the Platform, you agree with all terms of this User Agreement.

    1.2     The entity you are contracting with is: Nauticworx.com B.V., Stationsplein 45, 3013AK Rotterdam, The Netherlands, registered in the Commercial Register of the Dutch Chamber of Commerce under number 93414080. In this User Agreement, this entity is further referred to as “Nauticworx”, “we” or “us”.

    2.        About the Nauticworx Platform

    2.1     Nauticworx is a Platform that brings together supply and demand of vessels in the maritime industry. The Platform allows users to offer vessels and make charter inquiries in various geographic locations on a basis of anonymity. Only after explicit approval of both parties, the contact details of both parties will be shared so that they may negotiate a contract outside of the Platform. Nauticworx is in any case not a party to negotiations and/or contracts concluded between users of the Platform.

    2.2     We may modify the Platform or parts thereof at any time and at our discretion. To the extent required by law, we will announce a change before it is implemented.

     

    3.        Personal data

    3.1     The Privacy Policy explains how Nauticworx handles your personal data and how we protect your privacy when you use our Platform.

     

    4.        Account and Subscription Plan

    4.1     On creating an account for the Platform, you will be asked to select a subscription plan. An overview of all currently available subscription plans can be found on our website.

    4.2     We may change our subscription plans and the prices thereof from time to time. We will notify you at least one month before any changes will become effective. If you do not wish to accept the change, you can cancel your account before the change takes effect.

    4.3     We offer additional services and promotions through the Platform. These additional services or promotions are subject to specific terms that are communicated when you decide to make use of the relevant service or promotion. If there are conflicting provisions between these specific terms and this User Agreement, the specific terms take precedence.

    4.4     The information you provide when creating an account, as well as any later amendments to this information, must be true. You are not allowed to provide false or misleading information and are obliged to update or delete information as soon as a change in this account information occurs. If we, at our discretion, determine that the information provided was false or misleading or that information was not updated or deleted in a timely manner, we will first send you a notification with a request to update your information. We reserve the right to simultaneously suspend your account until the requested changes are made. We also have the right to modify or remove the false or misleading information or to cancel your account and terminate the User Agreement with you. You shall not be entitled to any refund in case of any suspension or cancellation of your account.

     

    5.        Compliance with laws

    5.1     You represent and warrant that you are not a Sanctioned Party and that you are not acting on behalf of a Sanctioned Party or a third party owned or controlled by a Sanctioned Party. A “Sanctioned Party” means any party or parties listed on any list of sanctioned parties, including but not limited to the consolidated list of persons, groups and entities subject to EU financial sanctions maintained by the European Commission and/or similar lists imposed by the UN, UK and the US.

    5.2     You represent and warrant that you will use the Platform in compliance with any applicable Sanction laws. “Sanction laws” means all applicable laws concerning economic sanctions (including but not limited to embargoes, export controls, freezing or blocking of assets of targeted entities) of any jurisdiction including but not limited to the EU, UN, UK and the US.

    5.3     We shall not be obliged to perform any obligation under the User Agreement and shall have the right to terminate the User Agreement, without being liable for any damages or costs of any kind, if in our sole discretion we reasonably believe that such performance in full or in part would place it in violation of any Sanction laws.

     

    6.        Billing and Payment

    6.1     The subscription fee for the Platform will be charged to your payment method before your account is activated, and, in case of a renewal of a subscription, on the day before the subscription is renewed.

    6.2     The length of your billing cycle will depend on the subscription plan that you choose. In some cases, your payment date may change, for example when you change your subscription plan or if your subscription plan began on a day not contained in a given month.

    6.3     To use our Platform, you must provide at least one payment method. In case the payment method cannot be charged due to expiration, insufficient funds, or otherwise, you remain responsible for any uncollected amounts. In that case, we may suspend your access to the Platform until we have successfully received the uncollected amounts. You can update your payment methods on our website.

    6.4     All amounts listed on the Platform and on our website are exclusive of VAT and other taxes. All payments have to be made in euros or US dollars.

    6.5     If a payment is not successfully settled, due to expiration of a payment method, insufficient funds, or otherwise, we may suspend or cancel your account and terminate this User Agreement with immediate effect.

    6.6     We may use third parties (payment providers) such as Stripe, Inc. (more information can be found on the website of Stripe, Inc. currently: stripe.com) to collect payments. We are never liable for any damage or loss on your part arising from the use of such payment providers. Payment providers may declare applicable their own terms and conditions with respect to the execution of the payment. These terms and conditions shall apply only in the relation between you and the respective payment provider.

     

    7.        Cancellation

    7.1     You may cancel your account at any time. You will continue to have access to the Platform until the end of your billing period. Payments are non-refundable and we do not provide refunds for any partial billing periods. To cancel, visit our website and follow the instructions for cancellation. If you cancel your account, your account and this User Agreement will automatically terminate at the end of your current billing period.

    7.2     We may suspend your account or terminate this User Agreement forthwith by e-mail without further formality for any reason, in particular:

    a)       in the event of non-compliant or illegal use of the Platform;

    b)       in in the event of payment problems (including suspicions of money laundering);

    c)        in the event of particularly negative reviews by other users or the vessel’s non-compliance with the listing.

     

    8.        Use of the Platform

    8.1     The content of the Platform (excluding your own listings) may never be publicly disclosed. You are not allowed to collect personal data and listings of other users (including email addresses and phone numbers) in a structural manner through the Platform. You agree not to copy the Platform and/or to make derivatives of the Platform. You will owe us a financial penalty of € 100,000 per breach of this clause and an amount of € 5,000 per day that the breach continues, without prejudice to any other rights or remedies that we may have under this User Agreement or applicable law, including the right to seek additional damages or specific performance.

    8.2     The database underlying the Platform is protected by database rights. This means that you are not allowed to extract and reuse the database contents in full or in part.

    8.3     If you forgot your login or password, or these are improperly used by a third party, you shall inform us as soon as possible by contacting support@nauticworx.com. You are obliged to update your contact details if applicable.

     

    9.        Listing Conditions

    9.1     When listing a vessel or a charter inquiry on our Platform, you agree that:

    a)       You assume full responsibility for the content of the vessel’s or charter inquiry’s listing. All information provided must be true and accurate.

    b)       We may revise listings to supplement, remove or correct information.

    c)        You are not allowed to create multiple listings of an identical vessel or charter inquiry at the same time.

    d)       You may only use images, videos or text on our Platform that you are entitled to use and that do not infringe any third-party rights.

    e)       Location information of vessels and charter inquiries must be provided in a clear and accurate manner.

    f)        It is not allowed to post illegal, obscene or offensive content. Content that promotes or glorifies hatred, violence, or discrimination is not allowed.

    g)       Titles and texts of listings may only be written in English.

    h)       It is not allowed to include photos and videos in a listing that do not relate to the offered service.

    i)         It is not allowed to offer or seek services that are illegal or unlawful. It is also not allowed to offer or seek services whose execution is illegal or unlawful.

    9.2     On our Platform, you may only offer vessels within your exclusive control or for which you as a maritime broker are exclusively listed.

    9.3     In a concern for veracity and transparency and to prevent fraud, we may require users to provide official identification or other information to verify the completeness and accurateness of the information provided. We may suspend your account until the completeness and accurateness of the information provided is satisfactorily confirmed to us.

    9.4     Failure to comply with the previous provisions may lead to suspension of removal of a listing or to suspension or removal of an account. No refund of payments will be provided.

     

    10.     Concluding a contract

    10.1   Our Platform solely intends to bring together supply and demand by providing contact details of both parties after their mutual consent to do so. We are not involved in any negotiations and/or transaction and do not conclude contracts and will not be a party in any contracts concluded between users of the Platform. As such, we cannot be bound to fulfil users’ obligations in their place and cannot be held liable for any breaches by users of their contractual obligations.

    10.2   You understand that you are responsible for the negotiation and closing of a contract, to verify whether the other party’s offering meets your demand, to check the identity, credit worthiness and/or bona fides of the other users, or otherwise vet them, and to check whether their listing is still accurate. You agree not to use the Platform for concluding contracts.

    10.3   It is the responsibility of the users to verify whether the services sought and offered comply with the applicable laws and regulations.

     

    11.     Content

    11.1   When you provide content using our Platform, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to publish, use, reproduce and modify that content in connection with the provision, expansion and promotion of our Platform, including the development of new offerings as part of our Platform.

    11.2   You represent and warrant that you own or control all necessary rights to meet your obligations under this User Agreement and to provide us with the rights mentioned in the previous clause. You represent and warrant that the content you provide does not and will not infringe any intellectual property rights of any third party and shall indemnify us and hold us harmless from and against all claims, demands, liabilities, costs and expenses levied against or incurred by us in relation with infringement of intellectual property rights based on content provided by you.

     

    12.     Reviews and reporting of listings

    12.1   Users of the Platform may evaluate other users with whom they have contacted using the Platform through a rating system. The rating will be published on listings of the user for charter inquiries or vessels. Users cannot themselves delete a rating made by another user. However, you may inform us of any ratings that do not comply with this User Agreement by contacting support@nauticworx.com.

    12.2   Posting inaccurate, illegal or infringing listings may lead to suspension or cancellation of your account and termination of the User Agreement. No refund of payments will be provided.

     

    13.     Disclaimer of Warranties; Limitation of Liability and Indemnification

    13.1   We try to keep our Platform safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Platform.

    13.2   Because we are not able to verify all information listed on our Platform, we cannot warrant or represent that the information on the Platform is complete, accurate and up to date. If you have reason to believe that information listed on the Platform is incorrect or misleading, please let us know by contacting support@nauticworx.com so that we can investigate and take measures if appropriate. We decline any responsibility as regards confirming the identity and information provided by users. The Platform intends only to connect charter inquiries and vessels. Under these circumstances, we cannot be held liable for the misleading or incorrect nature of a listing.

    13.3   You agree that you are making use of our platform at your own risk on an “as is” and “as available” basis. Accordingly, we exclude all express and implied warranties and we exclude all liability for any damage or loss occurred in connection with the use of our Platform.

    13.4   If, regardless of the previous provision, we are found to be liable, our liability to you or any third party is limited to the amount you paid to us in the 12 months prior to the action giving rise to the liability. We will never be liable for indirect or consequential damages.

    13.5   You indemnify and hold us harmless from and against third party claims based on any breach by you, your employees, agents and/or (sub)contractors of the User Agreement.

     

    14.     Complaints procedure

    If you have a complaint about us, you can submit such complaint by contacting us at support@nauticworx.com. Complaints must be in writing in English and fully and clearly described.

     

    15.     Legal Disputes

    15.1   This User Agreement shall be governed by and construed in accordance with the laws of the Netherlands, without regard to its principles of conflicts of laws. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. All disputes arising in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of Rotterdam, the Netherlands. The English language version of this Agreement shall be the official text hereof, notwithstanding translations into other languages.

     

    16.     Miscellaneous Provisions

    16.1   If any provision of this User Agreement is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions.

    16.2   We may amend this User Agreement at any time by posting the amended terms on our website, currently www.nauticworx.com. Any amendment shall be binding on you. Our right to amend the User Agreement includes the right to modify, add to, or remove provisions in the User Agreement. We will notify you on the contact details you provided to us at least one month before any changes will become effective. If you do not wish to accept the change this User Agreement, you can cancel your account before the change takes effect.

    16.3   If you create or use an account on behalf of a business entity, you represent that you are authorized to act on behalf of such business and bind the business to this User Agreement. In the event of any lack of authorization, you remain personally liable for all obligations arising from this User Agreement.

    16.4   No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this User Agreement.

    16.5   The applicability of article 6:227b(1) Dutch Civil Code (DCC) is excluded.

    16.6   We are entitled at any time to transfer or assign our rights and obligations arising from the agreements related to the Platform to another entity. You cannot transfer your rights and obligations under the User Agreement to a third party without our written approval.

    16.7   You are not allowed to provide your login credentials to third parties or use third-party login credentials to access the Platform.

    16.8   If we do not (immediately) enforce a provision in this User Agreement, this does not mean that we waive the right to enforce it later or against another user.

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