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Who we are

Owen Clarke Design and OC Performance Yacht Brokerage and Charter Services are trading names of Owen Clarke Design LLP, which is a yacht design and naval architecture partnership registered at Companies House under the number OC301507. If you want to request more information about our privacy policy or information regarding data protection you should contact us using the details provided below:

Mail: For the attention of the Head of Privacy, Owen Clarke Design LLP, PO Box 25, Lower Ridge Barns, Dartmouth, Devon TQ6 0YG

Email: info@owenclarkedesign.com

We may amend this privacy notice from time to time, in which case the web-based version will be maintained current.

How the law protects you

We are committed to protecting and respecting your personal data and privacy. This privacy and cookie policy relates to our use of any personal data we collect from you from any of our services. Whenever you provide such information, we are legally obliged to use your information in line with all applicable laws concerning the protection of personal data. As well as this Privacy Policy, your privacy is protected by law. The General Data Protection Regulation (‘GDPR?) that comes into force on 25 May 2018 ensures that we use your personal information only if we have a proper reason to do so. This includes sharing it outside Owen Clarke Design LLP. The law says we must have one or more of these reasons for using your data:

To fulfil a contract, we have with you to provide our services
Where it is our legal duty
When it is in our legitimate interest
When you consent to the use of the data

A legitimate interest is when we have a business or commercial reason to use your information. But even then, it must not unfairly go against what is right and best for you. If we rely on our legitimate interest, we will tell you what that is.

Your rights

Under the GDPR your rights are:

To be informed – we must make available this privacy notice with the emphasis on transparency over how we process your data.
Access – you are entitled to find out what details we may hold about you and why.
Rectification– we are obliged to correct or update your details.
Erasure – this is also known as the right to be forgotten.
Restrict processing – you have the right to ‘block’ or suppress the processing by us of your personal data.
Data portability – you have the right to obtain and reuse your personal data that you have provided to us.
Object – you have the right to object to us processing your data in relation to direct marketing and or profiling.
Rights in relation to automated decision making and profiling – we do not use automatic decision making or processing.

The data we collect about you

We normally process a very limited amount of personal data. Personal data we process may include your name, address, telephone number, email address, the nature of your enquiry and the substance of any discussions/enquiries we may have had with you. It also may include your IP address and cookies (website). We do not communicate any of this information to a third party without your permission. We may in some circumstances require documentary details from you such as a driving licence, passport or birth certificate, in order to comply with our obligations under identification, money laundering and anti-terrorism legislation. Our collection methods are:

via our website;
through engagement (or potential engagement) of our services;
by communications, including email, telephone, post or social media;

When using our digital services, such as our website or other digital services, we gather data from you using cookies and other internet tracking software, such as Google Analytics. The purpose of this is to understand how customers are using and accessing our services.

How your data will be used

We use information held about you to:

Provide services to you under a contract, as set out in a Letter of Engagement between us;
Ensure that content from our website is presented in the most effective manner for you and for your devices, such that you only receive newsletters on subjects that are of interest to you;
Provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes or by Legitimate Interests;
Allow you to participate in interactive features of our service when you choose to do so, e.g. asking a question through our website;
Carry out necessary maintenance to our infrastructure;
Notify you about changes to our services;
Fulfil our legal obligations including money laundering and identification checks, complying with anti-terrorism financing and Criminal Finances Act legislation;
Use in the investigation and/or defence of potential complaints, and legal proceedings; and
Enable us to invoice you for our services and investigate/address any attendant fee disputes that may have arisen.

If you refuse to provide us with certain information when requested, we may not be able to perform the contract we have entered into with you. Alternatively, we may be unable to comply with our legal or regulatory obligations. We may also process your personal data without your knowledge or consent, in accordance with this notice, where we are legally required to do so. We also embrace the use of social media and may wish to process any comments made public by you.

Legitimate Interest & Marketing

We may process your data for the purposes of our own legitimate interests provided that those interests do not override any of your own interests, rights and freedoms which require the protection of personal data. This includes processing for marketing, business development and statistical purposes. If you are an existing client or contact, we will send you information about other products, events and services that we feel may be of interest to you. You have a right at any time to ask us to stop contacting you for marketing purposes. We will never sell your data to a third party for marketing purposes.

How we may share your data

We will share your information within Owen Clarke Design for administration purposes, to develop ways to meet our clients’ needs. Otherwise your information will be retained within Owen Clarke Design except where disclosure is required or permitted by law. We may also pass your data to third party external organisations where we are required by law, where it is necessary to administer the relationship between us or where we have another legitimate interest in doing so. We use third party service providers such as agents, subcontractors and other organisations to help us provide services to you and your project. These would include: Boatyards, project managers, designers, engineers and equipment suppliers.

Off-site storage and cleaning services.

All of our third-party service providers are required to take commercially reasonable and appropriate security measures to protect your personal data. We only permit our third-party service providers to process your personal data for specified purposes and in accordance with our instructions. As part of the services offered to you, we may send your data outside of the European Economic Area (EEA). Where this is the case, we will take reasonable steps to ensure that your data is protected in the same way as if it was being used in the EEA.

Data retention

We will only retain your personal data for as long as is necessary to fulfil the purposes for which it is collected. When assessing what retention period is appropriate for your personal data, we take into consideration:

the requirements of our business and the services provided;
any statutory or legal obligations;
the purposes for which we originally collected the personal data;
the lawful grounds on which we based our processing;
the types of personal data we have collected;
the amount and categories of your personal data; and
whether the purpose of the processing could reasonably be fulfilled by other means.

Data deletion

Under GDPR you have the right to erasure under specific circumstances. A request for your personal data to be deleted must be submitted in writing to the contact details provided in this policy.

Data correction

We will correct or update your data at the earliest opportunity provided you make the request in writing to the contact details provided in this policy, clearly specifying which data is incorrect or out of date.

Data security

We have put in place commercially reasonable and appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected data security breach and will notify you and any applicable regulator of a suspected breach where we are legally required to do so.

The Owen Clarke client database is stored on a single SSD encrypted computer which is protected when ‘on line’ with continually updated McAfee Firewall and Virus protection. A series of back-ups of the database are kept on password protected hard-drives, that cannot be accessed from on-line.

Data inspection

We strive to be as open as we can be in terms of giving people access to their personal data. A Subject Access Request under the GDPR is your right to request a copy of the information that we hold about you. Such requests must be in writing to the contact details provided in this policy. If we do hold your personal data we will respond in writing within one calendar month of your request (where that request was submitted in accordance with this policy). The information we supply will:

confirm that your data is being processed;
verify the lawfulness and the purpose of the processing;
confirm the categories of personal data being processed;
confirm the type of recipient to whom the personal data have been or will be disclosed, and
let you have a copy of the data in an intelligible form.

Please note that you may need to provide identification in order to prove who you are to access your data. If you agree, we will try to deal with your request informally, for example by providing you with the specific information you need over the telephone. In the instance that we do not hold information about you we will also confirm this in writing at the earliest opportunity.

Changes

We will keep our privacy notice under regular review and you should check back regularly to ensure you are aware of changes to it. We may display this notice to you from time to time to help ensure you are aware of its contents.

Withdrawal of consent

Where you have consented to our processing of your personal data, you have the right to withdraw that consent at any time. Please inform us immediately if you wish to withdraw your consent. Please note:

The withdrawal of consent does not affect the lawfulness of earlier processing. If you withdraw your consent, we may not be able to continue to provide services to you. Even if you withdraw your consent, it may remain lawful for us to process your data on another legal basis (e.g. because we have a legal obligation to continue to process your data).

Complaints

You have the right to complain about the processing of your personal data. Please contact us using the details provided above. If you are still unsatisfied you have the right to complain to the Information Commissioners Office . ( https://ico.org.uk/concerns )

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