1. Introduction

Stantia CRM is a software-as-a-service (SaaS) integrated CRM and inventory listings management platform owned by TheYachtMarket.com Limited, company number 04666162 and registered address at 14 The Avenue, Southampton, England, SO17 1XF.

By using Stantia CRM, you agree to comply with and be bound by the following terms and conditions of use. Please review them carefully. If you do not agree to these terms, you should not use this service.

If you are using TheYachtMarket.com, you also agree to comply with and be bound by TheYachtMarket.com’s terms which can be found here:  https://www.theyachtmarket.com/en/legal/terms-and-conditions/

2. Definitions

• Service: The Software-as-a-Service system named "Stantia CRM".
• Provider: TheYachtMarket.com Limited.
• Customer: The individual or entity that subscribes to the Service.
• User: Any individual who uses the Service on behalf of the Customer.
• Inventory Data: The inventory listings data, provided by the Customer, including but not limited to, descriptions, specifications, images, and marketed-for and sold-for prices.

3. Use of Service

• Eligibility: The Service is available only to individuals who are at least 18 years old and to entities that can form legally binding contracts under applicable law.
• Subscription: Access to the Service is provided on a subscription basis, for which the Customer pays a fee.

4. Customer Obligations

• Compliance: Customers and Users must comply with all applicable laws and regulations while using the Service.
• Restrictions: Customers and Users must not:
  • Use the Service for any unlawful purpose.
  • Modify, adapt, or hack the Service.
  • Attempt to gain unauthorised access to the Service or its related systems.
  • Use automated tools to access the Service, including but not limited to web scraping, except where APIs or data feeds are provided as part of the Service.
• Accuracy of Information: Customers and Users are responsible for ensuring that the information they enter into the Service, including but not limited to Inventory Data, is accurate and not mis-leading.
• Account Security: Customers and Users are responsible for maintaining the confidentiality of their account login information and for all activities that occur under their account.

5. Provider Obligations

• Availability: The Provider will use commercially reasonable efforts to make the Service available 24/7, except during planned downtime and any unavailability caused by circumstances beyond the Provider's control.
• Support: The Provider will provide customer support as specified in the Subscription Terms.

6. Subscription Terms

• Support:
  1. The Provider will aim to provide a response to support queries within two working days. However, depending on the nature of the query, resolution of support queries may take longer.
• Pricing:
  1. The Provider may impose limits including but not limited to storage limits and charge overage fees or restrict functionality if these limits are exceeded.
  2. The Provider reserves the right to make pricing changes for use of the Service. Any such changes will take effect at the end of the current billing period and the Customer will be notified at least one month in advance.
• Changing Billing Period Length:
  1. If the Customer changes the length of their billing period (for example, monthly, quarterly, annual), this will come into effect at the end of the current billing period.
  2. If a discount has been provided for a longer billing period, switching to a shorter billing period may result in in the loss of that discount.
• Upgrades and Downgrades:
  1. Upgrades to subscriptions, including increases to the number of users required, will be applied as soon as possible after the request is made to upgrade. The recurring billing amount will be updated at the next billing date and a one-off pro-rated fee will be charged to cover the upgraded period of service between the date of the upgrade and the next billing date.
  2. Downgrades to subscriptions, including reductions to the number of users required, will be applied at the next billing date. Therefore, there is no refund for the difference in cost for the period between the date the downgrade was requested and the next billing date.
  3. Where a subscription includes a discount, such discount may be removed after a downgrade.
• Cancellation:
  1. To avoid further billing, the Customer should cancel their subscription before their next billing date.
  2. Once a cancellation request has been received, the Service will remain active until the end of the current billing period unless the Customer expressly requests immediate termination of the service. In either case, no refund will be provided for the unused period of service.

7. Intellectual Property

• Ownership: The Provider retains all rights, title, and interest in and to the Service, including all related intellectual property rights.
• License: The Provider grants the Customer a non-exclusive, non-transferable license to use the Service during the subscription term.
• Trademarks: “Stantia”, the Stantia logo and the propeller icon are trademarks of TheYachtMarket.com Limited.

8. Inventory Data

The Customer grants the Provider a non-exclusive, royalty-free, worldwide licence in perpetuity to use, process, and manage any Inventory Data uploaded into the Service for the following purposes:

• To enable the Provider to perform the Service in accordance with these Terms and Conditions of Use.
• To edit, copy, adapt, translate, or modify any part of the Inventory Data as necessary to deliver or enhance the Service.
• To reproduce and store copies of the Inventory Data in such formats and by such technology and/or media (whether now known or later devised) as may be reasonably required by the Provider.
• To publish, distribute, transmit, or otherwise reproduce all or part of the Inventory Data as part of the Service offering.
• To use the Inventory Data for marketing or promotional activities related to or connected with the Service.
• To incorporate the Inventory Data into publicly accessible or paid-for boat pricing guides, provided such use is consistent with applicable data protection laws.

The Customer warrants that it has obtained all necessary consents and permissions to upload and share the Inventory Data with the Provider for these purposes.

Personal data, including but not limited to contact details are not permitted to be entered into Inventory Data, for example adding a telephone number or email address into the description. Doing so may contravene data protection legislation and enables potential buyers to circumvent trackable methods of communication affecting the accuracy of the Customer’s performance statistics.

9. Data Privacy

• Data Protection: The Provider will handle Customer data in accordance with the Privacy Policy and Data Processing Agreement.
• Data Security: The Provider will implement reasonable measures to protect Customer data from unauthorised access, disclosure, or destruction.

10. Termination

• Termination by Customer: The Customer may terminate their subscription at any time, subject to the Subscription Terms.
• Termination by Provider: The Provider may terminate the subscription if the Customer breaches any of these terms and fails to cure the breach within 30 days of notice.
• Effect of Termination: Upon termination, the Customer’s access to the Service will be terminated, and all Customer personal data will be deleted after 30 days, unless otherwise agreed.
  • Leads (sales enquiries) generated by the TheYachtMarket.com will be retained after termination, however any additional data added to leads by the Customer will be deleted.
  • Usage data including statistics generated by TheYachtMarket.com and Stantia CRM, and inventory data including pricing information and images may be retained.

11. Disclaimer

The Service is provided "as is" and "as available," without warranties of any kind, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

12. Limitation of Liability

The Provider's liability to the Customer for any claims, damages, or losses arising out of or in connection with the Service is strictly limited to the amount paid by the Customer for the Service in the 12 months preceding the claim.

The Provider shall not be liable for any indirect, incidental, consequential, or special losses, including but not limited to loss of profit, revenue, business opportunities, or data.

The Provider shall not be liable for any losses, damages, or costs arising from:

• The Customer not receiving notifications from the Service, irrespective of the cause, including but not limited to technical failures, user error, or third-party actions.
• Sales enquiries or leads from marketplace portals failing to reach the Customer, regardless of the cause, including but not limited to issues with third-party platforms, connectivity, or system errors.
• Nothing in this clause shall exclude or limit liability for death or personal injury caused by the Provider's negligence, fraud, or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under applicable law.

13. Governing Law

These terms and conditions shall be governed by and construed in accordance with the laws of England and Wales.

14. Changes to Terms

The Provider reserves the right to modify these terms at any time. Customers will be notified of any changes, and continued use of the Service constitutes acceptance of the modified terms.

15. Contact Information

For any questions regarding these terms, please contact us at support@theyachtmarket.com.

1. Introduction

TheYachtMarket.com Limited is committed to protecting your privacy. This Privacy Policy explains how we collect, use, disclose, and safeguard your information when you use our Service, Stantia CRM.

2. Information We Collect

• Personal Information: We collect personal information that you provide to us, such as your name, contact details, and payment information.
• Usage Data: We collect information about your use of the Service, such as log files, usage patterns, and device information.

3. Use of Information

We use the information we collect to:

• Provide, operate, and maintain the Service.
• Process transactions and manage subscriptions.
• Improve our Service and develop new features.
• Communicate with you, including sending service-related notices and promotional messages.
• Ensure compliance with legal obligations and enforce our terms and conditions.

4. Cookies

We use cookies for the following purposes:

• Functional purposes such as maintaining your logged in session and making your experience of the service more efficient.
• Analytical purposes to understand how users use our service, so that we can improve it. This may include use of third-party services but does not include any personally identifiable information.

4. Disclosure of Information

We may share your information with:

• Service Providers: Third parties that perform services on our behalf, such as payment processing and data hosting.
• Legal Requirements: If required to do so by law or in response to valid requests by public authorities.
• Business Transfers: In connection with any merger, sale of company assets, financing, or acquisition of all or a portion of our business.

5. Data Security

We implement reasonable measures to protect your data from unauthorised access, disclosure, alteration, or destruction. However, no security system is impenetrable, and we cannot guarantee the absolute security of your data.

6. Data Retention

We retain your personal information for as long as necessary to fulfil the purposes outlined in this Privacy Policy, unless a longer retention period is required or permitted by law.

7. Your Rights

Depending on your jurisdiction, you may have the right to:

• Access the personal information we hold about you.
• Request the correction of inaccurate information.
• Request the deletion of your personal information.
• Object to the processing of your personal information.
• Request the restriction of processing your personal information.
• Request the transfer of your personal information.

8. Changes to This Privacy Policy

We may update this Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on our website. You are advised to review this Privacy Policy periodically for any changes.

9. Contact Us

If you have any questions about this Privacy Policy, please contact us at support@theyachtmarket.com.

1. Definitions

• 1.1 "Data Controller", "Data Processor", "Personal Data" have the definition of the UK Data Protection Act 2018 (DPA 2018) which implements the EU General Data Protection Regulation (GDPR).
• 1.2 "Sensitive Personal Data" is defined as the special categories of personal data as defined in the UK Data Protection Act 2018 (DPA 2018) which implements the EU General Data Protection Regulation (GDPR).
• 1.3 “Service Provider” is defined as a third party that performs services on behalf of the Data Processor for provision of the Service, such as payment processing and data hosting.

2. Subject matter of data processing

• 2.1 The subject matter of the processing is Personal Data (excluding Sensitive Personal Data) provided by the Data Controller to the Data Processor so that the Data Processor can fulfil their contractual obligations to the Data Controller.
• 2.2 The type of Personal Data which may be processed is the names, contact details, communication history and other personally identifiable information, of the Data Controller's clients, contractors, workers, employees or any other individual for which the Data Controller collects their Personal Data.

3. Data protection obligations

• 3.1 The Data Processor will comply in all respects with its respective obligations under all applicable data protection laws of the European Union or United Kingdom in relation to the management or protection of Personal Data which is being processed on the terms of this Agreement.
• 3.2 The Data Processor will:
  • 3.2.1 use Personal Data only in so far as is necessary for the purpose of carrying out its obligations under the terms of this Agreement and any instructions from the Data Controller;
  • 3.2.2 not disclose Personal Data to any third party, other than to the Data Processor’s Service Providers (as governed by Data Processing Agreements between the Data Processor and the Service Providers), unless specifically and expressly authorised to do so by the Data Controller;
  • 3.2.3 to not sub-contract any rights or obligations under this Agreement without the prior written consent of the Data Controller;
  • 3.2.4 unless prohibited by law, notify the Data Controller immediately (and in any event within twenty-four (24) hours of becoming aware of the same) if it considers, in its reasonable opinion that it is required by any applicable data protection law to act other than in accordance with the instructions of the Data Controller;
  • 3.2.5 implement and maintain appropriate technical and organisational measures against unauthorised and unlawful processing of Personal Data and against accidental loss and destruction of or damage to Personal Data;
  • 3.2.6 comply with the Data Controller's Data Protection Policy and any rules or policies notified by the Data Controller in relation to processing Personal Data;
  • 3.2.7 not make (nor instruct or permit) a third party to make a data transfer to a country outside the EEA which is not the subject of an adequacy decision of the European Commission or has appropriate safeguards in place, without the prior written consent of the Data Controller;
  • 3.2.8 will provide the Data Controller with all reasonable co-operation and assistance required in relation to a data subject access request or ICO correspondence, meet its obligations with security requirements or undertake any data protection impact assessment;
  • 3.2.9 notify the Data Controller promptly (and in any event within twenty-four (24) hours) upon becoming aware of any actual or suspected or threatened Personal Data breach and:
    • 3.2.9.1 implement any measures necessary to restore the security of compromised Personal Data; and
    • 3.2.9.2 assist the Data Controller to make any notifications to the ICO and affected data subjects;
  • 3.2.10 except to the extent required by applicable data protection law, upon the termination of the contractual relationship between the Data Controller and the Data Processor, the Data Processor shall cease processing and return and/or permanently and securely destroy so that it is no longer retrievable (as directed in writing by the Data Controller) any Personal Data of the Data Controller in its possession or control (note that for leads generated by TheYachtMarket.com, TheYachtMarket.com is also considered a Data Controller, so this data may remain in TheYachtMarket and Stantia following termination);
  • 3.2.11 within thirty (30) calendar days of a request from the Data Controller allow its data processing facilities, procedures and documentation to be submitted for scrutiny, inspection or audit by Data Controller (and/ or its representatives, including its appointed auditors) in order to ascertain compliance with the terms of this clause 3 and provide reasonable information, assistance and co-operation to the Data Controller and/ or, on the request of the Data Controller provide the Data Controller with written evidence of its compliance with the requirements of this clause 3.
• 3.3 The Data Controller will inform the Data Processor as soon as reasonably practicable of the receipt of any request for information that may include information about the Data Processor and will, when required to do so under the terms of the DPA 2018 and all other applicable data protection legislation, request the Data Processor's consent to disclose information about the data subjects to whom the Personal Data of the Data Processor concerns and, in all other cases, if possible, afford the Data Processor an opportunity to make representations to the Data Controller regarding that request for information within five working days.
• 3.4 This clause 3 shall survive termination of this Agreement.