Privacy policy

This notice about our privacy policy contains a lot of information but we want you to be fully informed about your rights, and how Burgess uses your data. It also explains how we will store your data and keep it safe.

For simplicity throughout this notice, ‘we’ and ‘us’ means Burgess.

This notice explains in detail the types of personal data we may collect about you when you interact with us and how we may collect, use and share your personal information, our legal bases for using your personal information, how long we keep your personal information, how we protect your personal information, the countries to which we may transfer your personal information, and your rights regarding your personal information.

For the purpose of applicable data protection legislation (including but not limited to the General Data Protection Regulation (Regulation (EU) 2016/679) (the “GDPR”), the details of the company responsible for your personal data can be found below. Burgess is made up of a number of related companies:

• Nigel Burgess SAM
• Nigel Burgess Ltd
• Burgess Technical Services Ltd
• Burgess Crew Services (Guernsey) PCC Limited
• Burgess Yachting Financial Services Ltd
• OceanStyle Yachting Limited
• Burgess Yachts Asia PTE Ltd
• Burgess Yachts LLC
• Nigel Burgess Inc (New York)
• Nigel Burgess Inc (Florida)
• OceanStyle LLC

This Notice applies to all our companies except where we say otherwise.

The law on data protection sets out a number of different reasons for which a company may collect and process your personal data, including:

Consent

In specific situations, we collect and process your data with your consent. For example, when you transact business with us or ask to receive information about our services or any of the yachts on our website/app.

When collecting your personal data, we will always be clear which data is necessary in connection with a particular service.
 

Contractual obligations

In certain circumstances, we need your personal data to comply with our contractual obligations.
 

Legal compliance

If the law requires us to, we may need to collect and process your personal data.
 

Legitimate interest

In specific situations, we require your data to pursue our legitimate interests in a way which might reasonably be expected as part of running our business, for example to service existing business relationships and contracts, and which does not materially impact your rights, freedom or interests. In more unusual circumstances, we may use your personal data to help us to establish, exercise or defend legal claims.

We will also use your address details to send you direct marketing information, to inform you about our services and yacht-related updates that we think might interest you.

• When you wish to do business with us or to work for us.
• When you visit our website/app or submit your information via the website/app.
• When you ask Burgess to send you information about a yacht or service.
• When you contact us by any means with queries, complaints etc.
• When you book any kind of appointment or meeting with us.
• When you engage with us on social media.
• When you download or install one of our apps.
• When you comment on or review our services.
• When you fill in any forms. For example, we may collect your personal data if you are applying for a job with Burgess or you wish to apply to be yacht crew.
• When you have given a third-party permission to share with us the information they hold about you.
• We collect data from publicly available sources where the information is made public as a matter of law.

The types of personal information we collect about you depends on your relationship with us. They include:

• Your personal contact details such as name, title, postal addresses, email addresses and telephone numbers.
• Technical information, such as information from your visits to our website/app or relating to the event invitations, updates, marketing materials and other communications we send to you electronically.
• Your communication preferences regarding marketing materials.
• Any other personal information you provide to us during your relationship with us, such as dietary requirements, any physical disability and your views and comments.
• Identification and background information we may collect about you as part of our business acceptance procedures and recruitment procedures.
• Copies of documents you provide to prove your identity where the law requires this or where we require it when you transact with us. This may include a copy of your passport or equivalent ID document. This will include details of your full name, address, date of birth and facial image. If you provide a passport, the data will also include your place of birth, gender and nationality.
• Details of your yachting preferences.
• Financial information, such as your bank account details.
• The company you work for and your position.
• Details of your visits to our websites or apps, and which site you came from to ours.
• Your social media username(s), if you interact with us through those channels, to help us respond to your comments, questions or feedback.
• Any other personal information you provide to us during your relationship with us, such as dietary requirements, any physical disability and your views and comments.

We want to give you the best possible client service and yachting experience. One way to achieve that is to ensure we have all the relevant information which may also include your personal data.

We then use this to inform the Burgess team and to tailor our services accordingly.

The data privacy law allows this as part of our legitimate interest in understanding our clients so we provide the highest levels of service.

Of course, if you wish to change how we may use your data, you will find details in the ‘What are my rights?’ section below.

Please be aware that if you choose not to share your personal data with us, or if you refuse certain contact permissions, we might not be able to provide some services that you may have asked for.

This is how we will collect your personal data and why:

• In the course of our business acceptance procedures to manage, administer and improve our provision of services to clients and to administer any service or support which you have requested, based on your consent given at the time of request.
• To provide information requested by you. We may also keep a record of your requests to inform any future communication and to demonstrate how we communicated with you throughout. We do this on the basis of our contractual obligations to you, our legal obligations and our legitimate interests in providing you with the best service and understanding how we can improve our service based on your experience.
• To protect our business and you from fraud and other illegal activities. This includes using your personal data to maintain, update and safeguard our dealings with you. We will also monitor your browsing activity with us to quickly identify and resolve any problems and protect the integrity of our website/app. We will do all of this as part of our legitimate interest.
• To process payments and to prevent fraudulent transactions. We do this on the basis of our legitimate business interests. This also helps to protect our clients from fraud.
• If we discover any criminal activity or alleged criminal activity. We aim to protect the individuals we interact with from criminal activities.
• To follow up with you on a job application.
• With your consent, we will use your personal data to keep you informed by post, email and telephone about relevant services, events that you may be interested in, and so on. Of course, you are free to opt out of hearing from us by any of these channels at any time.
• To send you relevant, personalised communications by post and email in relation to updates and services. We will do this on the basis of our legitimate business interest. You are free to opt out of hearing from us by post and/or email at any time.
• To send you communications required by law or which are necessary to inform you about the services we provide to you. For example, legally required information relating to any service we have agreed to provide. These messages will not include any promotional content and do not require prior consent when sent by email, post or text message. If we do not use your personal data for these purposes, we would be unable to comply with our legal obligations.
• To display the most interesting content to you on our websites or apps, we will use data we hold and will do so on the basis of your consent to receive app notifications and/or for our website to place cookies or similar technology on your device.
• To develop, test and improve the systems and services we provide to you. We will do this on the basis of our legitimate business interests.
• To comply with our contractual or legal obligations to share data with law enforcement.

Cookies are text files which are stored on your computer or other device when you visit our website. They allow us to distinguish you from other users of our website. This helps us to provide you with a positive experience when you browse our website and to improve our website.

Our website uses session cookies and persistent cookies. Session cookies are stored temporarily on your device whilst you browse our website and are deleted from your device when you finish browsing. Persistent cookies are stored on your device after you have finished browsing our website so that we can remember your preferences when you visit our website in the future. Persistent cookies will automatically be deleted from your device after 30 days.

We use Google Analytics, Yandex Metrics and Dotmailer cookies to provide us with information about how you use our website, which we use to help us to improve our website.

If you wish to restrict, block or delete the cookies which are set by our website and third parties, you can do this using your browser settings. If you set your browser preferences to block all cookies, you may not be able to access all or parts of our website. If you delete cookies relating to our website, including your cookie preferences, you will be treated as a first-time visitor the next time you visit our website.

To find out more about cookies visit All About Cookies (opens in a new window; please note we cannot be responsible for the content of external websites) and read our Cookie Policy (opens in a new window).

By using our website without changing your browser settings, you consent to our use of cookies as set out above.

We want to send you information that is most relevant to your interests at particular times. To help us form a better, overall understanding of you as a Burgess client, we combine your personal data gathered across Burgess as described above. For this purpose we also combine the data that we collect directly from you with data that we obtain from third parties to whom you have given your consent to pass that data on to us.

We know how much data security matters to all our clients. With this in mind, we will treat your data with the utmost care and take all appropriate steps to protect it.

We have in place technical and organizational measures to protect the personal information we collect about you from unauthorised, improper or unlawful access, use, disclosure, alteration or destruction consistent with applicable data protection laws.

We secure access to all transactional areas of our websites using ‘https’ technology.

Whenever we collect or process your personal data, we will only keep it for as long as is necessary for the purpose for which it was collected.

We will delete your personal data from our systems unless we believe in good faith that we need to retain some information to place you on a ‘do not contact’ list or where the law or other regulation requires us to preserve it (for example, because of our obligations to tax or regulatory authorities).

We sometimes share your personal data with other Burgess companies and with trusted third parties.

Here is the policy we apply to those organisations to keep your data safe and protect your privacy:

• We provide only the information they need to perform their specific services.
• They may only use your data for the exact purposes we specify in our contract with them.
• We work closely with them to ensure that your privacy is respected and protected at all times.
• If we stop using their services, any of your data held by them will either be deleted or rendered anonymous.

Examples of the kind of third parties we work with are:

• IT companies who support our website, app and other business systems.
• Operational companies such as delivery couriers.
• Direct marketing companies who help us manage our electronic and printed communications with you.
• Data insight companies to ensure your details are up to date and accurate.

Sharing your data with third parties for their own purposes. We will only do this in very specific circumstances, for example:

• For fraud management, we may share information about fraudulent or potentially fraudulent activity in our premises or systems. This may include sharing data about individuals with law enforcement bodies.
• We may also be required to disclose your personal data to the police or other enforcement, regulatory or Government body, in your country of origin or elsewhere, upon a valid request to do so. These requests are assessed on a case-by-case basis and take the privacy of our clients into consideration.

For further information please contact us.

We may need to transfer your personal information to locations outside the jurisdiction in which you provide it, or from where you are viewing this website/app, in order to use it on the bases set out above. If you are an EU citizen or reside in the EU we will transfer your personal information outside the EU in accordance with EU data protection laws to ensure that it remains protected and secure. To facilitate this we have in place EU standard contractual clauses between the relevant Burgess entities.

If you reside in a jurisdiction outside the EU, you may also have rights under applicable laws in connection with your personal information that we collect, hold and process.
 

Protecting your data outside the EU
We may transfer personal data that we collect from you to third-party data processors in countries that are outside the EU such as the USA.

For example, this might be required in order to fulfil any service we have agreed to provide, to process any payment or other details you provide to us or to provide any other support or commercial services.

If we do this, we have procedures in place to ensure your data receives the same protection as if it were being processed inside the EU. For example, our contracts with third parties stipulate the standards they must follow at all times. If you wish for more information about these contracts please contact our Data Protection Officer.

If you are an EU citizen, you have the right to make a Data Subject Access Request (DSAR) and to request:

• Access to the personal data we hold about you, free of charge in most cases.
• The correction of your personal data when incorrect, out of date or incomplete.
• That we stop using your personal data for direct marketing (either through specific channels, or all channels).
• That we stop any consent-based processing of your personal data after you withdraw that consent.

You can contact us to request to exercise these rights at any time.
 

Right to erasure
In certain situations (for example, where we have processed your data unlawfully), you have the right to request us to "erase" your personal data. We will respond to your request within 30 days (although we may be allowed to extend this period in certain cases). If we choose not to action your request we will explain to you the reasons for our refusal. Generally, we will only disagree with you if certain limited conditions apply.

If we do agree to your request, we will delete your data but will generally assume that you would prefer us to keep a note of your name on our register of individuals who would prefer not to be contacted. That way, we will minimise the chances of you being contacted in the future where your data is collected in unconnected circumstances. If you would prefer us not to do this, you are free to say so.
 

Your right to withdraw consent
Whenever you have given us your consent to use your personal data, you have the right to change your mind at any time and withdraw that consent.

 

Where we rely on our legitimate interest
In cases where we are processing your personal data on the basis of our legitimate interest, you can ask us to stop for reasons connected to your individual situation.

We must then do so unless we believe we have a legitimate overriding reason to continue processing your personal data.

 

Direct marketing
You have the right to stop the use of your personal data for direct marketing activity through all channels, or selected channels. We must always comply with your request.

 

Checking your identity
To protect the confidentiality of your information, we will ask you to verify your identity before proceeding with any request you make under this Privacy Notice.

If you have authorised a third party to submit a request on your behalf, we will ask them to prove they have your permission to act.

There are several ways you can stop direct marketing communications from us:

• Click the ‘unsubscribe’ link in any email communication that we send you. We will then stop any further emails from that particular team within Burgess.
• In our apps, you can manage your preferences and opt out from one or all of the different push notifications by selecting or deselecting the relevant options in the ‘Manage Notifications’ section.
• Email the Data Protection Officer by clicking here.
• Or write to us at: The Data Protection Officer, Nigel Burgess Ltd, Cunard House, 15 Regent Street, St James’s, London SW1Y 4LR

Please note that you may continue to receive communications for a short period after changing your preferences while our systems are fully updated.

If you feel that your data has not been handled correctly, or you are unhappy with our response to any requests you have made to us regarding the use of your personal data, you have the right to lodge a complaint with the Information Commissioner’s Office.

You can contact them by calling +44 (0)303 123 1113.

Or visit the website of the Information Commissioner's Office (opens in a new window; please note we cannot be responsible for the content of external websites).

If you are based outside the UK, you have the right to lodge your complaint with the relevant data protection regulator in your country of residence. Details can be found below.

For all non-EU residents

Where this Notice is available in a language other than English, then in case of any dispute about its meaning, the English version will take precedence.

By using our services or providing your personal data to us, you expressly consent to the processing of your personal data by us or on our behalf. Of course, you still have the right to ask us not to process your data in certain ways, and if you do so, we will respect your wishes.

Sometimes we will need to transfer your personal data between countries to enable us to supply services you have requested. In the ordinary course of business, we may transfer your personal data from your country of residence to ourselves and to third parties located in the EU or elsewhere.

By dealing with us, you are giving your consent to this overseas use, transfer and disclosure of your personal data outside your country of residence for our ordinary business purposes.

This may occur because our information technology storage facilities and servers are located outside your country of residence and could include storage of your personal data on servers in the EU or elsewhere.

We will ensure that reasonable steps are taken to prevent third parties outside your country of residence using your personal data in any way that is not set out in this Notice. We will also make sure we adequately protect the confidentiality and privacy of your personal data.

We will ensure that any third parties process your personal data only in accordance with their legitimate interests. These third parties may be subject to different laws from those which apply in your country of residence. Please note that we do not take active steps to ensure that any overseas recipient of your personal data complies with the laws which apply in your country.

We hope this Notice has been helpful in setting out the way we handle your personal data and your rights to control it.

If you have any questions that have not been covered, please contact our Data Protection Officer who will be pleased to help you:

• Email the Data Protection Officer by clicking here.
• Or write to us at: The Data Protection Officer, Nigel Burgess Ltd, Cunard House, 15 Regent Street, St James’s, London SW1Y 4LR

This Annex to the Privacy Policy explains how we use any data we obtain from you in connection with yacht crew recruitment and related employment activities, how we store it and how we keep it safe.

We have listed below various ways in which we may use and process your personal data for recruitment and employment purposes, where appropriate and in accordance with any local laws and requirements. Please note that this list is not exhaustive.

• Collecting your data from you and from other sources, such as crew agencies and Linkedin;
• Storing your details (and updating them when necessary) on our database, so that we can contact you in relation to recruitment;
• Providing you with our recruitment services and to facilitate the recruitment process;
• Assessing data about you against vacancies which we think may be suitable for you;
• Sending your information to clients, in order to apply for jobs or to assess your eligibility for jobs;
• Enabling you to submit your CV or apply online for roles we think may be of interest to you;
• Carrying out our obligations arising from any contracts entered into between you and us;
• Carrying out our obligations arising from any contracts entered into between Burgess and third parties in relation to your employment;
• Facilitating payroll and invoicing processes;
• Carrying out customer satisfaction surveys;
• Verifying details you have provided, using third party resources (such as psychometric evaluations or skills tests), or to request information (such as references, qualifications and potentially any criminal convictions, to the extent that this is appropriate and in accordance with local laws);
• Complying with our legal obligations in connection with the detection of crime or the collection of taxes or duties;
• Processing your data to enable us to send you targeted, relevant communications which we think will be of interest to you;
• Carrying out appropriate reference checks to assess suitability for job roles;
• Carrying out our obligations for the operation of the vessel by supplying information to third parties as required, such as flight bookings, visa and immigration purposes.

We may use your personal data for the above purposes if we deem it necessary to do so for our legitimate interests (see section 3 above). In certain circumstances you have the right to object (see section 13 above).
 

Equal opportunities monitoring and other sensitive personal data

• We are committed to ensuring that our crew recruitment processes are aligned with our approach to equal opportunities. Some of the data we may (in appropriate circumstances and in accordance with local law and requirements) collect about you comes under the umbrella of “diversity information”. This could be information about your ethnic background, gender, disability, age, sexual orientation, religion or other similar beliefs, and/ or social-economic background. Where appropriate and in accordance with local laws and requirements, we will use this information on an anonymised basis to monitor our compliance with our equal opportunities policy. We may also disclose this (suitably anonymised where relevant) data to clients where this is contractually required or the Client specifically requests such information to enable them to comply with their own employment processes.
• This information is what is called “sensitive” personal information and slightly stricter data protection rules apply to it. We therefore need to obtain your explicit consent before we can use it. We will ask for your consent by offering you an opt-in. This means that you have to explicitly and clearly tell us that you agree to us collecting and using this information.
• We may collect other sensitive personal data about you, such as health-related information, religious affiliation, or details of any criminal convictions if this is appropriate in accordance with local laws and is required for a role that you are interested in applying for. We will never do this without your explicit consent.
• Please note that in certain jurisdictions in which we operate, different rules apply to this sensitive data.
• If you are not happy about this, you have the right to withdraw your consent at any time (see section 14 above).

This notice was last updated on 01/08/18.

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