1. Overview

3 Yacht Management Limited (the ‘Company’) is committed to protecting the privacy and security of your personal information.

This Privacy Notice describes how we collect and use personal information about you during and after your working relationship with us, in accordance with the General Data Protection Regulation (‘GDPR’).

We are required under data protection legislation to notify you of the information contained in this Privacy Notice (the ‘Notice’). This Notice does not form part of any contract to provide services.

We may update this Notice at any time.

It is important that you read this Notice, together with any other Privacy Notice we may provide on specific occasions when we are collecting or processing personal information about you, so that you are aware of how and why we are using such information. The register office of 3 Yacht Management LTD is 31 Church Road Parkstone BF14 8UF, United Kingdom.

2. The type of information we hold about you

Personal data, or personal information, means any information about a living individual from which that living individual can be identified. It does not include data where the identity has been removed (anonymous data).

Depending on your relationship with the Company, we may collect, store, process and use the following categories of personal information about you:

  • Personal contact details such as name, title, addresses, telephone numbers, and personal email addresses;
  • Date of birth;
  • Place of birth:
  • Gender;
  • Passport detail
  • Nationality;
  • National identification numbers, tax reference numbers and tax codes;
  • Tax status information;
  • Next of kin and emergency contact information;
  • Location of employment or workplace;
  • Recruitment information (including copies of right to work and identification documentation, employment references, employment background check information and other information included in a CV, job application or cover letter or as part of the application process);
  • Employment records (including job titles, employment / work history, working hours, training records, education records, professional qualification records and professional memberships);
  • Salary, annual leave, pension and benefits information;
  • Bank account details, payroll records and tax status information;
  • Absence information, including family leave records such as maternity leave, paternity leave, adoption leave, parental leave and flexible working requests;
  • Performance information;
  • Disciplinary, capability and grievance information;
  • Photographs; and
  • Any other relevant information obtained through background checks and online screening.

3. Special categories of personal data

There are "special categories" of more sensitive personal data which require a higher level of protection. We may also collect, store, process and use the following "special categories" of more sensitive personal information:

  • Information about your health, including any medical condition, health and sickness records, and medical reports.
  • Passport and/or driving license.
  • Information about criminal convictions and offences.

We may process special categories of your personal information in the following circumstances:

  • Where we need to carry out our legal obligations or exercise our rights in connection to the service being provided;
  • Where it is needed to protect your vital interests.

4. Our obligations when using your sensitive personal information

We will use your particularly sensitive personal information in the following ways:

  • We will use information relating to comply with employment and other laws.
  • We will use information about your physical or mental health, or disability status, to ensure your health and safety in the workplace, to assess your fitness to work, to provide appropriate workplace adjustments (if possible), to monitor and manage sickness absence to administer benefits.
  • We will not use your information for marketing purposes unless with your written approval.

5. How we collect your personal information

We collect personal information about you through the application and on boarding process, either directly from you or a third party representative which you have appointed. We may collect additional personal information in the course of the relationship from background check agencies.

6. Legal basis for processing your personal information

We comply with our obligations under the GDPR by keeping personal data up to date; storing and destroying it securely; not collecting or retaining excessive amounts of data; protecting personal data from loss, misuse, unauthorised access and disclosure and by ensuring that appropriate technical measures are in place to protect your personal information.

We will process your personal information in the following lawful circumstances:

  • Where we need to comply with a legal obligation; and
    Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override these interests.

7. Do we need your consent?

We do not need your consent when processing your personal information in accordance with this Privacy Notice. Your personal information is required to enable us to comply with our legal obligations and for our legitimate interests.

In limited circumstances, we may approach you for your written consent to allow us to process certain particularly sensitive data. If we do so, we will provide you with full details of the information that we would like and the reason we need it, so that you can carefully consider whether you wish to consent.

8. Situations in which we will use your personal information

We obtain all the categories of information in the list above primarily to allow us to comply with our legal obligations. In some cases, we may use your personal information to pursue legitimate interests of our own or those of third parties, provided your interests and fundamental rights do not override those interests. The situations in which we will process your personal information are listed below.

  • Managing a decision about your recruitment / employment or appointment;
  • Checking you are legally entitled to work in the country;
  • Business management and planning, including accounting and auditing;
  • Conducting performance reviews
  • Managing salary and compensation decisions;
  • Assessing qualifications and suitability for a particular job or task, including decisions about promotions;
  • Gathering evidence for possible grievance, capability or disciplinary hearings;
  • Managing decisions about your continued employment or engagement;
  • Managing arrangements for termination;
  • Dealing with legal disputes involving you, or other employees, workers and contractors, including accidents at work;
  • Ascertaining your fitness to work;
  • Managing sickness absence and other absences from work
  • Complying with health and safety obligations;
  • To prevent or detect fraud or other potentially criminal behaviour;
  • To monitor your use of our information and communication systems to ensure compliance with our IT policies;
  • To ensure network and information security, including preventing unauthorised access to our computer and electronic communications systems and preventing malicious software distribution;
  • To conduct data analysis studies to review and better understand employee retention and attrition rates.
  • Equal opportunities monitoring;
  • Liaising with external government and regulatory bodies;
  • Liaising with external third parties such as professional advisors, business advisors, consultants and training providers; and
  • To improve the quality of our products and services, to develop additional products and services, and for staff training and quality assurance purposes.

9. Processing of third party personal data

When you supply us with personal data about another individual you must ensure that you:

  • Notify the third party that you are providing their personal information to us and obtain their permission;
  • Provide the third party with a copy of our Privacy Notice;
  • Promptly notify the third party of any changes to our Privacy Notice that we notify you of; and
  • Ensure that, to the best of your knowledge, the personal information is accurate and up to date, and promptly notify us if you become aware that it is incorrect.

10. If you fail to provide personal information

If you fail to provide certain information when requested, we may be prevented from complying with our legal obligations.

11. Change of purpose

We will only use your personal information for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose.

If we need to use your personal information for an unrelated purpose, we will provide you with an updated Privacy Notice which will explain the legal basis which allows us to do so.
Please note that we may process your personal information for another purpose without your knowledge or consent, where this is required or permitted by law.

12. Data retention

We will only retain your personal information for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

13. Date sharing

Any data we receive will be kept strictly confidential, unless it is appropriate for us to share your
personal information with contractors, regulatory bodies, banks, background checks,
government, tax authorities, or when we are compelled to disclose it by law.

14. Why might we share your personal information with third parties?

We may share your personal information with third parties where required by law, or where we have another legitimate interest in doing so.
All our third-party service providers and other entities within the EU are required to take appropriate security measures to protect your personal information in line with our policies. We do not allow our third-party service providers to use your personal data for their own purposes. We only permit them to process your personal data for specified purposes and in accordance with our instructions.

Third parties will dispose of your personal data in line with our internal procedures when it is no longer required in order to fulfil the service.

15. Other third parties

We may share your personal information with a regulator or to otherwise comply with the law.

16. Transfer of your personal data

The Company may transfer the personal information we collect about you to another country when required to do so by law.

We will never transfer your personal information to a country or territory outside of the EU which has not implemented adequate safeguards in relation to your personal information.

To ensure that your personal information receives an adequate level of protection when being transferred to another country or territory, we have implemented appropriate security measures.

17. Data security

We have implemented appropriate security measures designed to protect your personal data from accidently loss, use, unauthorised access, alteration and disclosure. These measures include industry standard firewalls and intrusion detection.

In additional we limit access to your personal information to those employees, agents, contractors and other third parties who have a business need to know. These employees or parties are limited in number, will only process your data on our instruction and are subject to a duty of confidentiality.

Details of these measures are available upon request.

18. Exercising your rights

Unless subject to an exemption under the General Data Protection Regulation, you have the following rights with respect to your personal information:

  • The right to request a copy of your personal data which we hold about you;
  • The right to object to processing that is likely to cause or is causing damage or distress;
  • The right to prevent processing for direct marketing;
  • The right to object to decisions being taken by automated means;
  • The right in certain circumstances to have inaccurate personal data rectified, blocked, erased or destroyed; and
  • The right to claim compensation for damages caused by a breach of the Act.

You will not have to pay a fee to exercise any of your rights. However if your request for access is clearly unfounded or excessive we may charge a reasonable fee. Alternatively, we may refuse to comply with the request in such circumstances.

We may require specific information from you to assist us in confirming your identity and ensure your right to access the information. This is another appropriate security measure to ensure that personal information is not disclosed to any person who has no right to receive it.

If you would like to exercise any of your rights please contact us at DPA@3yachtmanagement.com

You have the right to lodge a complaint to the UK Information Commissioner Office if you believe that we have not complied with the requirements of the General Data Protection Regulation.