Privacy Policy

This Privacy Policy is governed by the Australian Privacy Principles under the Privacy Act 1988 (Cth) (Privacy Act). This Privacy Policy does not create any rights or obligations for either you or us in addition to those imposed by the Privacy Act. We are also committed to provide this policy in compliance with the  Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the Protection of Natural Persons with Regard to the Processing of Personal Data and on the Free Movement of Such Data and Repealing Directive 95/46/EC (General Data Protection Regulation) [2016] OJ L 119/1 (EU-GDPR) to provide you details about our practices in relation to the collection, use, disclosure and handling of personal data. This Privacy Policy does not create any rights or obligations for you or us in addition to those imposed by EU-GDPR and this Privacy Policy is governed by the key principles of the EU-GDPR set out in Article 5 of the EU-GDPR. 

1. Definitions
   1. Customer means the Customer(s) listed in the Customer Reservation Form;
   2. Documents means, collectively, this Privacy Authority and the T & Cs collectively;
   3. EU-GDPR Principles means the principles under Chapter 2 of the EU-GDPR.
   4. Personal data means personal data as defined under Article 4(1) of the EU-GDPR.
   5. Privacy Act means the Privacy Act 1988 (Cth);
   6. Relevant Persons, you, your, etc, whether capitalised or not, means the Customer);
   7. Special categories of personal data means those data subject to the prohibition and exemption under Article 9 of the EU-GDPR.
   8. Terms & Conditions or T & C’s means the document titled “Terms and Conditions”, and any annexures, schedules or attachments to it, including this Privacy Authority;
   9. Yacht Club Croatia, YCC, BBK Travel, us, we, our, etc, whether capitalised or not, means BBK Travel Pty Ltd ACN 670 783 703 and its related bodies corporate (as that term is defined in the Corporations Act 2001 (Cth)), agents, employees, contractors, officers, directors and representatives whatsoever;
2. Commencement
   1. This Privacy Authority commences when you receive a Reservation Confirmation from BBK Travel Pty Ltd.
3. Collection of Personal Information
   1. We collect and hold the following types of Personal Information:
      1. your name;
      2. date of birth;
      3. business name;
      4. billing address; 
      5. postal address;
      6. email address;
      7. phone number; 
      8. occupation; 
      9. Social Media details and access tokens (to the extent that they are separate to the above information); and
      10. optional information that you consent to provide, including your interests, gender or age.
   2. We do not store credit card details as we use payment gateways and/or third-party processors.
   3. We collect Personal Information when you:
      1. interact with us through the phone, in person, via email, Social Media our Website and you provide us with your details;
      2. subscribe to our mailing list or otherwise sign-up to receive correspondence from us on a regular or irregular basis.
   4. We will collect information about you and members of your booking (from the Customer Reservation Form, correspondence with us or otherwise) to process the Customer’s Reservation request and secure a place on the selected Tour. 
   5. You and members of your booking consent to us making such enquiries as we deem in our absolute discretion necessary for the purposes of determining whether or not to approve the Customer or members of their booking;
   6. This Privacy Policy forms part of our T&C’s, which outline the T&C’s you agree too when accessing and using this website or booking a travel services with us;
4. Use of Personal Information
   1. You agree to the consent to the collection, use and disclosure of your personal information as outlined in this Privacy Policy;
   2. We collect personal information to:
      1. improve our products and services;
      2. provide our product or service to you;
      3. communicate with you;
      4. offer you promotional product or market our product that you are interested in;
      5. keep a record of your order for possible refund or exchange;
      6. keep our customer database;
      7. to investigate any complaints that you make;
      8. to investigate whether you are in breach of our terms and conditions;
      9. verify your identity;
      10. comply with the law or to use your information as permitted under the law; and
      11. use your information for purposes that are related to the above.
   3. You irrevocably consent to us using any personal information about you for the purposes of assessing whether or not to confirm your Reservation for you and members of your booking.
   4. You irrevocably consent to us disclosing any information about you for the following purposes:
      1. to obtain any further information about you pursuant to clause 2 (including for identification purposes);
      2. to third parties as necessary to carry out any checks concerning you or to enforce any booking or contract with you, including credit checks, security, fraud and identity checks. This may include credit reference agencies or other third parties conducting fraud prevention and to pursue debtors;
      3. to third party operators such as the ship owner, ship captain, Ambassador Travel, booking agencies, Experience providers or any parties who may provide you with Goods or Services during your Tour;
      4. technology service providers including internet service providers or cloud service providers;
      5. couriers such as Australia Post and/or international postal service entities;
      6. data processors that analyse our website traffic or usage for us;
      7. agents that perform functions on our behalf, such as mailouts, debt collection, marketing or advertising;
      8. our related bodies corporate; and
      9. to persons, entities or courts as required under the law.

 

provided such information so disclosed is limited to:

1. particulars as to your identity including but not limited to name, address, date of birth, drivers license, identification documents, passport number, travel insurance details, age, photograph, mobile, social networking contact details, email, proofs of identity, utility bills, card and other payment details, financial information, relevant health information, results of searches carried out against you, preferences and any other information provided to us by or in relation to you which concern you as an individual;
2. information concerning the performance of any booking or contract made with or through us, including information relating to anything arising during your Tour or information relating to payments to be made;
3. information collected or generated by a survey we conduct;
4. information collected or generated out of any competitions or promotions we run;
5. information concerning any account, loyalty program, registration or membership;
6. information about your visits to, browsing of, and use of our website, unless your web browser blocks this. The range of data we collect will depend on how you interact with our website including;
   1. IP address, computer device details, the make and version of web browser, operating system, your time zone, browser plug ins, any web page you came from, identification of a referrer web page address by your web browser, cookies, page response times download error, pages and parts of pages you visit, usage you make of our website, including enquiries and searches undertaken, and registrations for accounts, forums etc, services and products you viewed, length of visit to website and pages, page interaction information, services and products you view, feedback mechanism, social functionality, newsletters or other features of our site, usernames and passwords, login and logout history, and settings, actions taken within any account or other registration, including view and update and changes to settings, and posts to any forum, feedback, review or other social functionality on our website;
   2. This information will be collected and used anonymously for analysis, with our privacy policy treating this as your personal information. 

1. We may use the non-sensitive information you gave us for the purpose of promoting and marketing our Business to you if we:
   1. use the information that you reasonably expected us to use for promoting and marketing our Business to you; and
   2. provide you a simple method to opt-out.
2. information that, in our reasonable opinion, shows that you have committed a serious infringement or dishonest act, with respect to credit (e.g. acting fraudulently, or displaying an intention not to comply with your obligations);
3. any information permitted to be disclosed pursuant to the Privacy Act.
4. We will not send you unsolicited commercial electronic messages in contravention of the Spam Act 2003 (Cth).

1. Disclosure of Personal Information
   1. We may disclose your personal and sensitive information to third parties, from time to time, to assist us in conducting our business, including:
      1. technology service providers including internet service providers or cloud service providers;
      2. couriers such as Australia Post and/or international postal service entities;
      3. data processors that analyse our website traffic or usage for us;
      4. agents that perform functions on our behalf, such as mailouts, debt collection, marketing or advertising;
      5. our related bodies corporate; and
      6. to persons, entities or courts as required under the law.
2. Storage of Personal Information
   1. We will store your personal information in our electronic database and/or in hard copy in with restricted access as necessary.
   2. We will undertake all reasonable precautions to safeguard your personal information from loss, misuse, unauthorised access, modification or disclosure.
   3. We may transfer, store and otherwise process your personal data anywhere within Australia or the European Economic Area (EEA). We will only send your personal data outside of Australia and the EEA to parties with whom we have a contract based on the Standard Contractual Clauses as published by the European Commission or require us to pass on your data as part of your Reservation. 
3. How we Collect this Information
   1. By visiting and using our website you or your computer may provide personal data. This includes:
      1. information which is automatically provided by your browser to our servers; 
      2. information recorded on our web servers about your interaction with our website and pages viewed;
      3. information we capture or place on your computer or generate using cookies or other technologies on our website; 
      4. and information you input into forms and fields on our website.
   2. Personal data includes;
      1.  Correspondence with or from you;
      2. Provided verbally e.g. over the phone;
      3. Filled forms or fields on a website;
      4. Filling any printed forms provided to you;
      5. By email;
      6. From documents provided by you;
      7. Any updates to information you provide to us from time to time; 
      8. Enquiries for a booking or Reservation; 
      9. You send us comments or suggestions;
      10. Subscribe to any newsletter, publication or mailing list; 
      11. Request sales or advertising information.
   3. We may process any information or content provided by you in relation to your feedback or experience on a past, current or future Tour with us. We will only use such content and images you have submitted to our social media channels or websites, if you have given consent to use or repost this information in any marketing materials such as;
      1. Print material
      2. Our website;
      3. Email;
      4. Social media;
      5. Images on our Tours;
      6. Images provided to trade partners to use on their websites, emails, marketing materials or any marketing or advertising material;
      7. Any other information provided to us by or in relation to you; 
4. Payment Details
   1. We do not store credit card details as we use payment gateways and/or third-party processors that we may change from time to time and without notice so that:
      1. payments are processed in real time; and
      2. we do not have access to your credit card numbers.
   2. Please refer to the third-party payment processor’s privacy policy for more details on how your payment data is stored.
5. Cookies
   1. We may, from time to time, use ‘cookies’ which are small data file placed on your machine or device to store information. Please note that although cookies do not generally store personal and sensitive information, they may contain your IP address.
   2. You agree that:
      1. we may store cookies on your device; and
      2. we may issue and request cookies from your device to collect both personal and non-personal information.
   3. We use cookies in many ways including:
      1. authentication cookies that monitor whether you are logged in or not;
      2. session cookies that allow you to remain logged in and keep track of your activities until the browser shuts down;
      3. persistent cookies that help us monitor our services by recording your browser activities and they do not expire upon browser shut down; and
      4. flash cookies to personalise your experience.
   4. We use cookies for many reasons including but not limited to:
      1. improve the performance by reporting any errors that occur;
      2. provide statistics about how the Website is used;
      3. remember settings that you used on our Website;
      4. identify that you are logged into the Website; and
      5. link to social networks like Facebook, Instagram or TikTok;
      6. provide ads, links or services that are more tailored to you.
6. Request for Access
   1. You may access the personal information we have about you, and seek correction of such information, by contacting us directly.
   2. You may request access to your personal information that we hold and we will:
      1. verify your identity;
      2. charge you to cover the cost of meeting your request, if any, but not for the request itself; and
      3. within a reasonable period of time, comply with your request.
   3. We may refuse to allow you to access your personal information if we are not required to do so under the Australian Privacy Principles.
   4. You may request to correct your personal information that we hold and we will update your personal and sensitive information so that it is up-to-date, accurate, complete, relevant and not misleading.
   5. You may access your information by contacting us info@yachtclubcroatia.com.au.
7. Changes to this Privacy Policy
   1. This Privacy Policy is reviewed from time to time to assure compliance with the Privacy Act and EU-GDPR. We reserve the right to update, change or replace any part of this Privacy Policy at any time and without notice.
   2. You can review the most current version of the Privacy Policy at any time on our website. It is your responsibility to check the website periodically for changes. Changes and clarifications will take effect immediately upon their posting on the website.
8. Complaints
   1. If you believe we breached the Australian Privacy Principles under the Privacy Act, a registered Australian Privacy Principles Code, or the EU-GDPR, you may lodge a complaint as follows:
      1. firstly, contact us in writing to the email or postal address and include the following in your complaint:
         1. your contact details;
         2. section or provision of the Australian Privacy Principles, Code or EU-GDPR that you believe we breached; and
         3. our practice or policy that you believe breaches the relevant Australian Privacy Principle, Code or EU-GDPR,

allowing us 30 days to reply to your complaint and;

1.  secondly, you may complain to the Office of the Australian Information Commissioner if:
   1. you are not satisfied with our response; or
   2. we do not respond to you within a reasonable time without sufficient explanation.

1. Further Information
   1. We comply with the laws of Australia and the EU-GDPR in relation to the processing of your personal data in situations where we process personal information involving EU data subjects;
   2. You may obtain further information about your rights in relation to personal information via our privacy policy on our website (if any) or the Office of the Australian Information Commissioner, whose website is as follows: http://www.oaic.gov.au.