General terms, privacy, cookies

General terms and conditions for this website including advertising conditions for private advertisers

Access to this website www.YachtFocus.com and/or use of the data offered means that you agree to the terms of use.

Definitions

  • Advertiser: the natural person not acting in the course of a profession or business (consumer) who has YachtFocus place an Advertisement for the Object on the Website for the purpose of selling the Object.
  • Advertisement: full text and image containing the Specification and any promotional texts relating to the Object, aimed at making this information accessible to Buyers.
  • General Terms and Conditions: these general terms and conditions regardless of the form in which they are made known.
  • Visitor: a person who accesses the Website, regardless of the manner in which they do so.
  • Service: any activity or performance to be performed or performed by YachtFocus on the basis of the Agreement in order to place the Advertisement or the Amended Advertisement on the Website.
  • User(s): Advertiser(s) and Visitor(s) and Buyer(s) jointly.
  • Intellectual property rights: all rights of intellectual property and related rights, such as, but not limited to, copyright, trademark law, patent law, design law, trade name law, database law and related rights, domain names, as well as rights to know-how and one-line performance.
  • Buyer: the person who enters into a purchase agreement with the Advertiser in relation to the Object.
  • Magazine: the paper monthly YachtFocus Magazine.
  • Magazine Advertisement: the advertisement placed in the Magazine by YachtFocus in accordance with article 5 of these General Terms and Conditions.
  • Object: a new or used vessel or a water sports product or service put for sale by the Advertiser through the Advertisement.
  • Specification: the provision by the Advertiser to YachtFocus of information about the Object, including category, brand and type, a brief description, year of construction, whether or not it is second-hand, material, length, width, draught, accommodation, electricity, the type of engine, rigging, electronics, navigation, equipment, berth any further comments and the asking price, as well as one or more photographs of the Object and one name, telephone number and e-mail address of the Advertiser, as well as indication of selected Magazine numbers in which the Object is to be advertised.
  • Agreement: any agreement, stipulation or statement regarding the Service that is declared valid by Parties in accordance with the General Terms and Conditions for the legal relationship between Parties.
  • Party(ies): YachtFocus and/or User.
  • Website: www.yachtfocus.com and all other websites with which YachtFocus has a collective transfer agreement. Other websites may also have their own general terms and conditions. Where such other general terms and conditions conflict with these General Terms and Conditions of YachtFocus, the General Terms and Conditions of YachtFocus are decisive.
  • YachtFocus: the private limited liability company YachtFocus Media B.V., h.o.d.n. YachtFocus, with registered office in 1185 ZH (Amstelveen) at de Binderij 7b, registered with the Chamber of Commerce under number 57018960 and all its affiliated companies.

General, applicability and agreement

  1. These General Terms and Conditions apply to and form part of all offers, Agreements and other (legal) acts between the Parties, even if those legal acts do not lead to, or are in connection with, an Agreement and regardless of whether they have been entered into or performed orally, in writing, electronically or in any other form. These General Terms and Conditions also apply to all use of the Website by Users.
  2. By using the Website and/or the Service, the User declares to accept these General Terms and Conditions. Once these General Terms and Conditions have applied to a legal relationship between the User and YachtFocus, the User is deemed to have agreed in advance to the applicability of these General Terms and Conditions to Agreements subsequently concluded and to be concluded.
  3. Deviations from these General Terms and Conditions shall only be valid if expressly agreed in writing.
  4. The applicability of other general terms and conditions is expressly excluded, except where it concerns the placement of an Advertisement on a Website with which YachtFocus has entered into an agreement for placement.
  5. If any provision of these General Terms and Conditions is null and void or voided, the other provisions of these General Terms and Conditions will remain in full force and YachtFocus will agree on a new provision to replace the null and void or voided provision, whereby the purpose and purport of the null and void or voided provision will be observed as much as possible.
  6. YachtFocus is entitled to change these General Terms and Conditions at any time. If these General Terms and Conditions are amended, the new General Terms and Conditions will be made available on the Website at www.yachtfocus.com/botensite/algemene-voorwaarden.html. The User should therefore visit them regularly to verify whether the General Terms and Conditions have been changed. If the User is unable to agree to the amended General Terms and Conditions, he must discontinue the use of the Website and/or the Service; continued use is deemed to constitute agreement to the amended General Terms and Conditions.
  7. YachtFocus reserves the right at all times to temporarily or permanently deny Users access to the Website, if it appears that the User has acted unlawfully towards YachtFocus or a third party in connection with the Website and/or the Service or has acted in violation of these General Terms and Conditions.
  8. The Agreement comes into effect at the time that YachtFocus places the Advertisement.

The Service

  1. YachtFocus shall endeavour to provide the Service in accordance with these General Terms and Conditions. YachtFocus does not guarantee that the Service will be provided correctly, completely and on time. Malfunctions in the Service may also, but not exclusively, occur as a result of malfunctions in Internet or telephone connections.
  2. All (delivery) dates mentioned by YachtFocus are determined to the best of YachtFocus’s knowledge on the basis of the information it receives from the Advertiser. The mere exceeding of a stated (delivery) deadline does not cause YachtFocus to be in default.
  3. YachtFocus reserves the right to temporarily put the Service out of operation for maintenance, adaptation or improvement of the computer systems of YachtFocus or the Website. YachtFocus will allow such a decommissioning to take place outside office hours as much as possible. YachtFocus will never be obliged to pay any compensation to the User on account of the Service being put out of operation.

Indication and costs of the Advertisement

  1. The declaration is made by means of the appropriate form on the Website or by means of a form in the Magazine, which is sent by post to the address indicated by YachtFocus, or by e-mail to particulier@yachtfocus.com. When using the form from the Magazine, the advertiser should send one or more photos that will be digitized by YachtFocus. Photos and other materials will only be returned by YachtFocus if a sufficiently stamped and addressed return envelope is enclosed.
  2. The task can be checked by YachtFocus for completeness and suitability. If the Statement meets all the requirements set by YachtFocus, the Advertisement will be placed. If the Specification does not meet all requirements, YachtFocus will inform the Advertiser within two weeks and give him the opportunity to supplement or amend the Specification.
  3. Advertiser is obliged to describe the offered Object correctly and completely so that Buyers can form a proper opinion about its value.
  4. An Advertisement for a Vessel must be paid for by the Advertiser at the rate stated on the form. The Advertisement will appear both online on the Website and, depending on Specification and payment, one or more times in the Magazine with an abbreviated description and one photograph, according to the choice indicated by the Advertiser, with the price increasing with the number of successive Magazines in which the Advertiser indicates to want to advertise. In the case of Specification via the Website, payment is made immediately after submission by means of online standard payment software. Advertiser can choose between an iDEAL payment or credit card payment. In the case of Specification by means of a paper form, payment is made by means of a one-off direct debit authorisation, which is executed at the first opportunity after receipt of the Specification.
  5. Advertiser will receive a one-time invoice after payment, which will only be sent by e-mail to the e-mail address of the advertiser.
  6. Advertiser may indicate in the Submission that he or she wishes to advertise anonymously, in which case name and telephone number will not be shown in the Advertisement on the Website. Users can then only respond by e-mail. Name and phone number do appear in Advertisements in a Magazine.
  7. Advertiser agrees that YachtFocus commences the service within seven days after payment, which consists of placing or having placed the Magazine Advertisement in the next Magazine. Consequently, the Advertiser does not have a cooling-off period within which he can dissolve the Agreement on the grounds of Article 7:46d(1) of the Dutch Civil Code.

Duration and scope of the Service

  1. An Advertisement appears online as well as in the Magazine in one or more consecutive issues as indicated by the Advertiser with the Submission. The online period is a maximum of four calendar months calculated from the 1st of the month to which the Magazine relates and in which the vessel is advertised.
  2. Advertisers receive invitations from YachtFocus by e-mail or telephone to repeatedly advertise the vessel in the Magazine. The e-mail contains a hyperlink through which the Advertiser can directly access his Advertisement in order to reinsert it, whether or not modified, as an Advertisement in the next Magazine or several successive issues of the Magazine for immediate payment. The online period of up to four months is automatically reset after redeployment.
  3. As soon as the four-monthly online period expires and if Advertiser does not wish to renew the Advertisement, which means placing it in the Magazine again and paying for it, or if Advertiser does not respond to invitations, YachtFocus reserves the right to remove the online Advertisement from the Website at the end of the four-monthly period without further notice.
  4. As of June 1, 2018, YachtFocus Advertiser will inform the Advertiser about the approaching expiration date of the Advertisement by e-mail approximately two weeks prior to the expiration date of the Advertisement. If Advertiser does not take any action to renew the Advert prior to the expiration date, the Advertisement on the Website will automatically terminate on the said expiration date. In order to allow for re-insertion of the Advertisement after the expiry date, the Advertiser’s contact details will be retained for a maximum of six months after the Advertisement expires. However, if Advertiser indicates by phone or email that they wish to discontinue the Advertisement, YachtFocus will remove Advertiser’s contact details from the system as soon as possible. YachtFocus distinguishes between boat data and contact details and reserves the right to retain the boat data at all times.
  5. If Advertiser starts the listing but does not complete it immediately, the boat and contact information will be automatically retained for a maximum of six months.

Login details and changing the Advertisement

  1. Advertiser will receive a confirmation of the placement of the Advertisement by e-mail. Prior to and after the Submission, Advertiser has the opportunity to create an account with an associated username and password (“Login Details”).
  2. With the Login details Advertiser can log in to the Website. After logging in, the Advertiser can edit or delete the Advertisement.
  3. Advertiser is responsible for the confidentiality of the login details and should not make them available to third parties. Advertiser is liable for damages resulting from making the login details available to third parties. Advertiser is therefore liable for all use made through the Website’s Login Details. YachtFocus may assume that the Advertiser is the one who logs in with the Login Details. As soon as the Advertiser knows or has reason to suspect that the Log-in Data have come into the hands of unauthorised persons, the Advertiser must inform YachtFocus of this, without prejudice to the Advertiser’s own obligation to immediately take effective measures himself.
  4. YachtFocus reserves the right to change Login Data if this is necessary in the interest of the functioning, including the security of the Website or the provision of its Services to Users.
  5. Advertiser will remove the Advertisement itself from the Website if the Object has been sold, or is no longer for sale for any other reason. Advertiser can also order YachtFocus to remove the Advertisement by e-mail or telephone.

Responding to an advertisement
A Buyer or Visitor may respond to an Advertisement by emailing the Advertiser via a web form on the Website. The buyer must fill in his name, e-mail address, telephone number and any comments.

Position YachtFocus

  1. The User acknowledges that YachtFocus only makes the Website available to Users and that it is therefore not involved in the transaction between the Advertiser and the Buyer. YachtFocus will therefore never be a party to an agreement between an Advertiser and a Buyer.
  2. YachtFocus is not obliged to verify or control the offered Objects, the fidelity, truth or accuracy of the Advertisement, the ability of an Advertiser to actually sell offered Objects, nor the ability of a Buyer to actually buy offered Objects.
  3. User acknowledges that YachtFocus is not liable for the conclusion or non conclusion of a transaction, nor for the settlement thereof or for the methods of payment used to effect the transaction.
  4. User acknowledges that YachtFocus has the right to edit and/or shorten the (amended) Advertisements editorially, in order to ensure that the (amended) Advertisements meet the (editorial) requirements set by YachtFocus and the applicable laws and regulations. In particular, it may happen that YachtFocus places the Advertisement in a different section in the Magazine that it considers to be better suited. It is also possible that YachtFocus edits or mirrors the photo in the Magazine.
  5. User acknowledges that YachtFocus has the right to refuse Specifications and Advertisements or to remove them from the Website at any time after they have been posted, such as, but not limited to, Advertisements for Objects that may not be freely sold by private individuals under or by virtue of the law, Advertisements for Objects whose sale violates the rights of third parties or Advertisements that violate the rights of third parties in any other way.
  6. YachtFocus corresponds with Advertisers by means of e-mail messages to the e-mail address provided by the Advertiser and is not obliged to use other means of communication in the normal course of business. For this reason, Advertiser will always promptly notify any changes to the e-mail address.
  7. User accepts that YachtFocus is not able to establish the identity of Users with certainty. User is therefore obliged to ascertain the identity and good intentions of other Users.

Spam and harvesting

  1. It is not permitted to process the data of Users on the Website for any purpose other than placing and responding to Advertisements with a view to purchasing the Object or obtaining further information about it, which includes, but is not limited to, being prohibited:
    1. the (unsolicited) initiation of any form of commercial communication by means of e-mail, telephone, fax, SMS, MMS, post or otherwise with a User, or at least the direct or indirect promotion of the goods, services or image of a company, organisation or person;
    2. approach the Users with any form of unsolicited communication;
    3. collect data from Users and/or Objects for any reason.

Guarantees

  1. Advertiser guarantees that:
    1. Information in the Statement and the (amended) Advertisement is correct, complete, accurate and up to date;
    2. The Specification and the (amended) Advertisement do not infringe any rights of third parties, including intellectual property rights;
    3. the Statement whether the (amended) Advertisement is not misleading;
    4. the Specification or the (amended) Advertisement does not conflict with applicable laws and regulations, including, but not limited to, the Dutch Advertising Code;
    5. the Statement or the (amended) Advertisement does not conflict with these General Terms and Conditions and/or will harm the interests and/or good name of YachtFocus.
  2. The Advertiser warrants that the Advertiser is fully entitled and authorised to make the Submission and to place the Advertisement or have it placed.
  3. YachtFocus gives no guarantee whatsoever with regard to the completeness, accuracy, currency, suitability, availability or operation of the Website and/or the Service.
  4. YachtFocus also does not guarantee that:
    1. the information on the Website, including the Advertisements and/or information about Users is accurate, current and complete and/or has been verified by it;
    2. that the Submission will lead to the placement of an Advertisement;
    3. that placing an Advertisement will lead to the sale of the Object; or
    4. that third parties do not (will not) use its systems illegally.

Liability

  1. YachtFocus hereby excludes any liability for any damage whatsoever, direct and/or indirect, in any way caused by and/or arising from the use of the Website or the Service, including, but not limited to, any damage whatsoever caused by and/or arising from the use of the Website or the Service:
    1. acts by Users, such as concluding a purchase agreement based on an Advertisement;
    2. the impossibility to use the Website;
    3. the fact that certain information on the Website is incorrect, incomplete or not up to date;
    4. the unlawful use of the systems of YachtFocus, including the Website, by a third party.
  2. The limitations of liability for direct and/or indirect damage included in these General Terms and Conditions do not apply if the damage is due to intent or gross negligence on the part of YachtFocus and its managers. In those cases the damage is capped at € 10.000,-.

Intellectual Property Rights

  1. The Intellectual Property Rights with respect to the Website and the Service are vested exclusively in YachtFocus or its licensors.
  2. It is not permitted to reproduce and/or publish any part of the Website without the permission of the owner.
  3. Any intellectual property rights to the Specification and the (amended) Advertisement are and remain vested in the Advertiser.
  4. By making the information in the Specification and the Amended Advertisement available, the Advertiser grants YachtFocus a free, unencumbered, worldwide, non-exclusive licence, to the extent necessary, to use, reproduce, distribute and publish this information on the Website and to use and reproduce (and allow third parties to use and reproduce) the information in any media whatsoever for marketing and/or promotional purposes in connection with the Website, the business of YachtFocus and its divisions or the Service.
  5. The data collection on the Website can be regarded as a database within the meaning of Section 1 opening words and under a of the Databases Act. YachtFocus is the producer of this database and in that capacity has the exclusive right to grant permission for the use of data from this database. Users may only use data from the database insofar as the use is permitted on the basis of these General Terms and Conditions and may not, without prior written permission from YachtFocus, retrieve and/or reuse a substantial part of the contents of the database(s) and/or repeatedly and systematically retrieve and reuse non-substantial parts of the contents of the database(s) within the meaning of the Databases Act.
  6. The Advertiser allows YachtFocus complete freedom in conducting negotiations about possible claims and claims of third parties with regard to any Intellectual Property Rights to the Advertisement, the Specification, the (amended) Advertisement or the database and/or making a settlement and/or conducting a defence in any proceedings in that respect. If and to the extent necessary, the Advertiser hereby grants YachtFocus an irrevocable power of attorney to defend in and out of court against such claims and to reach a settlement. Advertiser undertakes to provide all information and cooperation to YachtFocus that is reasonably required for this purpose.

Freedom
Advertiser indemnifies YachtFocus against all damage, claims, claims or actions of third parties and/or Buyers, including interest and costs, including all extrajudicial costs, in connection with the Specification, the Advertisement or the (changed) Advertisement.

Should YachtFocus have knowledge or become aware that the Specification or the (amended) Advertisement is unlawful, YachtFocus will act promptly to remove the (amended) Advertisement or to make access to it impossible. Under no circumstances shall YachtFocus be liable for damages resulting from such actions.

Choice of forum and choice of law
These General Terms and Conditions shall be governed exclusively by Dutch law. Disputes arising from or in connection with these General Terms and Conditions or the use of the Website or the Service will be submitted exclusively to the competent court in Amsterdam.

These conditions were last updated on 25 May 2018.

Privacy statement YachtFocus

Introduction
YachtFocus takes your privacy very seriously and will process and use information about you (the person involved) in a safe way. In this Privacy Statement we explain what data we process, and for what purpose we do so. In addition, you can read about your rights with regard to our processing of your personal data in this Privacy Statement. We recommend that you read this Privacy Statement carefully. For questions you can always contact info@yachtfocus.com.

Who’s YachtFocus?
YachtFocus is the private limited liability company YachtFocus Media BV, with registered offices in (1185 ZH) Amstelveen aan Binderij 7b, registered in the trade register of the Chamber of Commerce Amsterdam 57018960.

YachtFocus is responsible for the processing of your personal data by YachtFocus.

How does YachtFocus use your data?
Below you will find an overview of the purposes for which YachtFocus processes personal data about you. In each case it is indicated which data YachtFocus uses for that specific purpose, what the legal basis is for processing that data and how long the data is kept by YachtFocus. To keep it clear, we have grouped everything by type of data flow.

Service, customer management and financial administration

Purpose: Financial administration
Data: Company name, Invoice address, Bank details (Name bank/IBAN/BIC), Outstanding balance
Basis: Legal obligation
Storage period: As long as necessary for this purpose
Purpose: Management of orders
Data: Name and address, Delivery address, Invoice address, E-mail address, Telephone number, Payment details, Account number, Order number, Contents of the complaint, Chamber of Commerce number, VAT number, Customer number.
Basis: Execution of the agreement
Storage period: As long as necessary for this purpose
Purpose: Handling complaints
Data: Name and address, Delivery address, Invoice address, E-mail address, Telephone number, Payment details, Account number, Order number, Contents of the complaint, Chamber of Commerce number, VAT number, Customer number.
Basis: Execution of the agreement
Storage period: As long as necessary for this purpose
Purpose: Invoicing
Data: Name and address, Delivery address, Invoice address, E-mail address, Telephone number, Payment details, Account number, Order number, Contents of the complaint, Chamber of Commerce number, VAT number, Customer number.
Basis: Execution of the agreement
Storage period: As long as necessary for this purpose
Purpose: Provision of the service itself
Data: Name and address data, E-mail address, File data, Financial data, Data required to provide the service, Data generated during the service
Basis: Execution of the agreement
Storage period: As long as necessary for this purpose
Purpose: Handling complaints
Data: Name and address data, E-mail address, File data, Financial data, Data required to provide the service, Data generated during the service
Basis: Execution of the agreement
Storage period: As long as necessary for this purpose
Purpose: Invoicing
Data: Name and address data, E-mail address, File data, Financial data, Data required to provide the service, Data generated during the service
Basis: Execution of the agreement
Storage period: As long as necessary for this purpose
Purpose: CRM
Data: Name, Username, Email Address, Location, Order History, Social Media, Browser, OS, User ID, Phone Number
Basis: Legitimate interest
Concerned interest: Commercial interest
Storage period: As long as necessary for this purpose
Purpose: Application
Data: Name, Username, E-mail address, Location, Phone number
Basis: Legitimate interest
Concerned interest: Commercial interest
Storage period: As long as necessary for this purpose

Marketing

Purpose: Direct Marketing
Data: Name, Name and address details are, E-mail address, Phone number, Clicking behavior, Surfing behavior, Product interest, User ID / Username, Order history, Post/Invoice address
Basis: Legitimate interest
Concerned interest: Commercial interest
Storage period: As long as necessary for this purpose
Purpose: Newsletter
Data: Name, Name and address details are, E-mail address, Phone number, Clicking behavior, Surfing behavior, Product interest, User ID / Username, Order history, Post/Invoice address
Basis: Legitimate interest
Concerned interest: Commercial interest
Storage period: As long as necessary for this purpose

Website

Purpose: Website analytics
Data: Surfing behavior, Location
Basis: Legitimate interest
Concerned interest: Commercial interest
Storage period: As long as necessary for this purpose
Purpose: A/B testing
Data: Surfing behavior, Location
Basis: Legitimate interest
Concerned interest: Commercial interest
Storage period: As long as necessary for this purpose
Purpose: Offer account
Data: Name, Address, Email address, Username, Password, User ID, Message content
Basis: Execution of the agreement
Storage period: As long as necessary for this purpose
Purpose: Posting messages or reviews
Data: Name, Address, Email address, Username, Password, User ID, Message content
Basis: Execution of the agreement
Storage period: As long as necessary for this purpose
Purpose: Chat function
Data: Name, Address, Email address, Username, Password, User ID, Message content
Basis: Execution of the agreement
Storage period: As long as necessary for this purpose

How do we obtain your personal data?
YachtFocus has data about you, because you have provided data to us, and because YachtFocus has obtained data from other parties. Those other parties could be: banks, search engines, Google Analytics.

What are your rights?
Under the European General Data Protection Regulation, you have a number of rights with regard to your data and its processing:

Inzage

You can always view your own (personal) data and, if necessary, change it in your account. If you would like to see the personal data recorded about you at YachtFocus, you can make a request for inspection.

Modify

If you wish to make changes to the personal data that you have seen as a result of a request for inspection and that you cannot change in your account yourself, you can make a request to this effect to YachtFocus. You can request that YachtFocus modify, enhance, supplement, delete or shield your data.

Limiting processing

You also have the right, subject to conditions, to request YachtFocus to limit the processing of your personal data.

Right of objection

If a certain processing takes place on the basis of the ‘legitimate interest’ of YachtFocus or a third party, you have the right to object to that processing.

Data transfer

You have the right to obtain your personal data from YachtFocus. YachtFocus will provide these in a structured and common form, which can easily be opened in other common digital systems. In this way you can also transfer your data to another provider.

Withdrawal of consent

In all cases where the basis for a particular data processing operation is your consent, you have the right to withdraw that consent. This has no consequences for the past, but it does mean that we are no longer allowed to process these data. As a result, YachtFocus may no longer be able to provide you with certain services.

Response by YachtFocus
A request can be sent to info@yachtfocus.com. YachtFocus will comply with your request as soon as possible and in any case no later than one (1) month after YachtFocus has received such a request. If YachtFocus rejects your request, we will indicate in our response why the request is rejected.

Recipients of personal data
It may be that YachtFocus is obliged to provide your data to a third party, for example on the basis of a legal obligation.

Transfer to third countries or international organisations
For (for example) technical and operational reasons it may be necessary for your (personal) data to be passed on to YachtFocus affiliates outside the European Economic Area. Because the regulations in the field of privacy protection there may not offer the same protection as within the European Economic Area, YachtFocus will use the Privacy Shield or the EU Model Clauses to protect your privacy as much as possible. If this is not possible, YachtFocus will ask your permission to transfer your (personal) data to countries without an adequate level of protection. You can revoke this permission at any time.

What are cookies and how does YachtFocus use them?
Cookies are small pieces of (text) information that are sent to your browser when you visit the YachtFocus website and then stored on the hard disk or memory of your computer, tablet, mobile phone or other device (hereinafter: “Device”). The cookies placed through the YachtFocus website cannot damage your Device or the files stored on it. When we talk about ‘cookies’, we don’t just mean these small pieces of (text) information, but also similar techniques used to collect information, such as device fingerprinting.

Can this Privacy Statement be changed?
This Privacy Statement is subject to change. We therefore advise you to regularly check the Privacy Statement for any changes.

Where can you complain and ask questions?
If you have any questions about this Privacy Statement and the way YachtFocus uses your data, please send an e-mail to info@yachtfocus.com. Even if you have a complaint about the way YachtFocus processes your data, please send an e-mail to info@yachtfocus.com. In addition, you can always contact the competent national privacy regulator. In the Netherlands this is the Personal Data Authority.

This cookie statement was last updated on 8 May 2018.