Privacy Policy

1. Identity of the person responsible for the treatment

The controller of personal data collected through the ClicknSail website is:

Owner: Grupo Panian, S.L.
C.I.F.: B93500189
Registered office: C/ María Curie, 3, floor 1, office 5, C.P. 29590, Málaga
Email: in**@*************er.es
Phone: 673 788 943
Website: https://clicknsail.com/

From now on, the person responsible may be referred to interchangeably as “ClicknSail” , “Grupo Panian, S.L.” , “the person in charge” , “the website”.

2. Purpose of the Privacy Policy

This Privacy Policy aims to inform users, in a clear, transparent and accessible manner, about the way in which ClicknSail collects, uses, conserves and protects their personal data.

Likewise, this policy informs about:

• The categories of personal data that can be processed.
• The purposes for which said data is used.
• The legal bases that legitimize each treatment.
• The possible recipients of the information.
• The terms or conservation criteria.
• The use of external suppliers.
• Using Google Analytics 4.
• The rights recognized to users.
• The way to exercise these rights.
• The possibility of submitting a claim to the competent supervisory authority.

This policy applies to personal data collected through contact forms, requests for information, reservation and payment processes, communications with users and browsing the website.

This Privacy Policy must be interpreted together with the Legal Notice, the Cookies Policy and the general or specific contracting conditions that, where applicable, are available on the website.

3. Applicable regulations

The processing of personal data carried out by ClicknSail will be governed mainly by:

• 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 the free circulation of such data, hereinafter “RGPD”.
• Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights, hereinafter, “LOPDGDD”.
• Law 34/2002, of July 11, on Information Society Services and Electronic Commerce, when applicable.
• Any other Spanish or European regulations that may be applicable to the processing of personal data carried out by ClicknSail.

4. Principles applicable to data processing

ClicknSail will process personal data in accordance with the principles established in the data protection regulations.

In particular, the data will be processed in accordance with the following principles:

Legitimacy, loyalty and transparency

Personal data will be processed lawfully, fairly and transparently. ClicknSail will inform the user about the use of their data at the time they are collected or through this Privacy Policy.

Limitation of purpose

The data will be collected for specific, explicit and legitimate purposes, and will not subsequently be used in a manner incompatible with said purposes.

Data Minimization

ClicknSail will only request personal data that is appropriate, relevant and necessary to respond to user requests, manage reservations, process payments and provide the services offered.

Accuracy

Personal data must be accurate and kept up to date. The user will be responsible for communicating any modification or correction of their data.

Retention period limitation

Personal data will be kept only for the time necessary to fulfill the purposes for which it was collected and, subsequently, for the legally required periods.

Integrity and confidentiality

ClicknSail will apply appropriate technical and organizational measures to protect personal data against destruction, loss, alteration, unauthorized access, use or communication.

Proactive responsibility

ClicknSail will adopt the necessary measures to guarantee and demonstrate that the processing of personal data is carried out in accordance with the applicable regulations.

5. Personal data that ClicknSail

can process

ClicknSail may process different categories of personal data depending on the relationship maintained with the user and the services requested.

5.1. Data provided through contact forms

When a user uses a contact form, requests information or communicates with ClicknSail, the following data may be collected:

• Name and surname.
• Email address.
• Phone number.
• Content of the query or request.
• Information voluntarily included in the message.
• Data related to the vessel, destination, dates or service you are interested in.
• History of communications maintained with ClicknSail.
• Any other data that the user voluntarily provides.

It is recommended not to include especially sensitive information or data that is not necessary to respond to the query in the free text fields.

5.2. Data related to reservations and contracting

When the user requests, starts or completes a reservation, ClicknSail can address:

• Name and surname.
• Identification document, when necessary.
• Postal address.
• Email address.
• Phone number.
• Billing details.
• NIF, NIE or CIF, when it is necessary to issue an invoice.
• Reservation details.
• Vessel or service selected.
• Port, destination or navigation area.
• Dates and duration of the reservation.
• Number of passengers or occupants.
• Preferences or requests related to the reservation.
• Reservation amount.
• Discounts, deposits, deposits or outstanding amounts.
• Reservation status.
• Hiring and communications history.
• Information necessary to manage modifications, cancellations, incidents or claims.

When it is necessary to provide data on other passengers, companions or beneficiaries of the service, the user must ensure that they are authorized to communicate said data and that they have informed the affected persons about their treatment.

5.3. Payment related data

To manage payments linked to a reservation, ClicknSail can process:

• Name of the payment holder.
• Billing details.
• Amount of the operation.
• Currency used.
• Selected payment method.
• Date and time of the operation.
• Payment status.
• Transaction reference or identifier.
• Information on returns, deposits, deposits or refunds.
• Data necessary to prevent, detect or manage fraudulent operations.

When the payment is made through an external bank, platform or payment gateway, said provider may process the data necessary to authorize and execute the operation in accordance with its own conditions and privacy policies.

The exact scope of the payment data processed will depend on the chosen payment method and the technical configuration of the respective provider.

ClicknSail will not ask the user for more financial or payment information than is necessary to manage the operation.

5.4. Navigation and website usage data

During browsing the website, technical and usage data may be collected, such as:

• IP address or information derived from it.
• Device type.
• Browser type and version.
• Operating system.
• Screen resolution.
• Browser language.
• Access date and time.
• Pages visited.
• Approximate residence time.
• Interactions made.
• Web address of origin.
• Data on technical errors.
• Online identifiers.
• Information obtained through cookies or similar technologies.

The data obtained through non-necessary cookies will only be processed after the user has given their consent, in accordance with the provisions of the Cookies Policy.

6. Origin of data

In general, the personal data processed by ClicknSail are obtained directly from the user when:

• Complete a contact form.
• Request information.
• Contact by email or phone.
• Request or make a reservation.
• Provide your data during a hiring process.
• Make a payment.
• Request a modification, cancellation or return.
• Report an incident or claim.
• Accept certain categories of cookies.
• Browse the website.

In certain cases, data may also be provided by:

• A person making a reservation on behalf of other passengers.
• The holder of a reservation.
• A company or entity that contracts the service for third parties.
• The owner, owner, manager or supplier of a vessel.
• A bank or payment service provider.
• Technology providers necessary to provide the service.

When the data is not obtained directly from the interested party, ClicknSail will provide the information required by the regulations within the legally established deadlines, unless there is an exception.

7. Purposes of treatment

ClicknSail may process personal data for the following purposes:

7.1. Respond to queries and requests for information

Data provided through forms, email or telephone will be used for:

• Respond to queries.
• Provide information about boats, availability, prices or services.
• Prepare budgets.
• Resolve doubts about the reservation process.
• Manage contact requests.
• Maintain necessary communications with the user.
• Track up the request when necessary.

7.2. Manage reservations and hiring requests

Personal data will be used for:

• Check availability.
• Process reservation requests.
• Manage the contracting of a boat or service.
• Confirm, modify or cancel a reservation.
• Coordinate the provision of the contracted service.
• Communicate relevant information about the reservation.
• Manage deposits, deposits, payments and returns.
• Atend to incidents that arise during the contracting or provision of the service.
• Maintain a reservation history.
• Manage subsequent service-related requests.

7.3. Manage payments and billing

The data may be processed for:

• Process payment for reservations.
• Check the status of a transaction.
• Manage deposits and guarantees.
• Issue invoices.
• Manage returns or refunds.
• Comply with tax, accounting and administrative obligations.
• Detect or prevent fraudulent operations.
• Manage non-payments or pending amounts.
• Ahandling complaints related to an operation.

7.4. Manage the contractual relationship

ClicknSail may process the data necessary for:

• Execute the contract conditions.
• Manage the obligations assumed by the parties.
• Maintain service-related communications.
• Acredit the contract made.
• Manage modifications, cancellations, non-compliance or disputes.
• Formulate, exercise or defend claims.

7.5. Comply with legal obligations

The data may be processed when necessary to comply with legal obligations applicable to ClicknSail, including obligations:

• Fiscals.
• Accountants.
• Mercantiles.
• Administrative.
• Data protection.
• Attention to consumers and users.
• Fraud prevention and detection.
• Collaboration with public, judicial or administrative authorities.

7.6. Ensure website security

Technical and usage data may be processed for:

• Maintain website security.
• Prevent unauthorized access.
• Detect malicious activities.
• Identify technical errors.
• Prevent fraud and abusive use.
• Protect systems, users and operations.
• Prepare security logs.
• Ensure continuity and availability of the service.

7.7. Analyze website usage using Google Analytics 4

ClicknSail uses Google Analytics 4 to obtain statistical information about the use of the website.

This service allows you to analyze, among other aspects:

• The number of users and visits.
• The pages consulted.
• The approximate duration of the sessions.
• The interactions carried out.
• The general origin of the traffic.
• The devices and browsers used.
• The performance of the contents.
• Booking processes started or completed.
• Errors or navigation problems.
• Actions or conversions configured by ClicknSail.

The information obtained is used to understand how the website is used, compile statistics, detect problems and improve its contents, functionalities and booking processes.

Google Analytics 4 will only be activated after the user has accepted the analysis or measurement cookies.

Refusal to accept analytical cookies will not prevent access to the website or the use of its essential functions.

The user may withdraw his consent at any time through the cookie configuration mechanism available on the website.

8. Legal bases of treatment

The legal bases that allow ClicknSail to process personal data are the following:

Application of pre-contractual measures

ClicknSail may process the data necessary to respond to requests for information, check availability, prepare quotes and manage reservation requests made by the user before formalizing a contract.

Execution of a contract

When the user makes a reservation or contracts a service, the processing of their data will be necessary to manage and execute the contractual relationship.

This legal basis includes, among other actions:

• Process the reservation.
• Manage payments.
• Coordinate the provision of the service.
• Communicate information related to the contracting.
• Manage changes, cancellations or returns.
• Atend to contractual incidents.

The lack of certain data may prevent ClicknSail from processing the request or correctly providing the contracted service.

Compliance with legal obligations

ClicknSail will process the data when necessary to comply with tax, accounting, commercial, administrative, data protection, consumer or any other obligation provided for by applicable regulations.

User consent

Consent will be the legal basis of the treatment when the user:

• Accept analytics cookies.
• Expressly authorize optional treatment.
• Voluntarily provide certain data that is not essential to manage your request or reservation.
• Authorize any other purpose that requires consent.

The user may withdraw their consent at any time, without affecting the legality of the treatments carried out before its withdrawal.

Legitimate interest

ClicknSail may rely on its legitimate interest to:

• Ensure the security of the website.
• Prevent fraud.
• Avoid abusive use.
• Maintain security records.
• Handling and managing general queries.
• Defend your rights and interests.
• Formulate, exercise or defend claims.
• Improve your internal procedures, provided that the rights and freedoms of the user do not prevail.

When processing is based on legitimate interest, ClicknSail will carry out the corresponding weighing between its interests and the rights of the affected persons.

9. Mandatory nature of the data

Fields identified as mandatory in the forms must be completed so that ClicknSail can respond to the request, manage the reservation or provide the corresponding service.

The user is not obliged to provide data that is not necessary. However, refusal to provide essential data may cause:

• The impossibility of adequately responding to a query.
• The impossibility of checking availability.
• The impossibility of processing a reservation.
• The impossibility of managing a payment.
• The impossibility of issuing an invoice.
• The impossibility of providing the requested service.
• The impossibility of complying with certain legal obligations.

10. Data recipients

Personal data will not be sold, rented or transferred for commercial purposes to third parties.

However, they may be communicated or provided to the following categories of recipients when necessary:

Boat or nautical service providers

When necessary to manage or execute a reservation, the data may be communicated to the owner, shipowner, manager, nautical company or supplier responsible for the vessel or selected service.

The information communicated will be limited to the data necessary to manage the reservation and provide the service.

Payment Service Providers

The data necessary to process an operation may be processed by banking entities, payment platforms, payment gateways or other financial providers.

Each provider will process the data in accordance with its own conditions, legal obligations and privacy policies.

Technology providers

ClicknSail may contract suppliers who provide services of:

• Aweb hosting.
• Technical maintenance.
• Computer security.
• Database management.
• Email.
• Backups.
• Reservation management.
• Technical support.
• Cloud storage.
• Aweb analytics.
• Fraud prevention.

These suppliers may access personal data only when necessary to provide the contracted service and must process it following the instructions of ClicknSail, when they act as data processors.

Google Analytics 4

To perform statistical analysis of the website, ClicknSail uses Google Analytics 4, a service linked to Google.

At European level, the corresponding services may be provided by Google Ireland Limited.

Google may process technical data, online identifiers and data related to the use of the website, provided that the user has previously accepted analytical cookies.

professional advisors

The data may be communicated to lawyers, tax advisors, accountants, auditors, insurers or other professionals when necessary to provide their services or defend the legitimate interests of ClicknSail.

Administrations and public authorities

The data may be communicated to:

• Atax administrations.
• Forces and security bodies.
• Courts and tribunals.
• Consumer authorities.
• Data protection authorities.
• Competent public bodies.

These communications will be made when they are legally required or necessary to formulate, exercise or defend claims.

11. Treatment managers

ClicknSail may hire third parties to process personal data on behalf of the person responsible.

When a supplier acts as data processor, ClicknSail will formalize the corresponding contract or legal instrument, which will establish, among other aspects:

• The purpose and duration of the treatment.
• The nature and purpose of the processing.
• The categories of data processed.
• The categories of interested parties.
• The instructions to be followed by the supplier.
• Confidentiality obligations.
• Applicable security measures.
• The conditions for hiring sub-processors.
• The destination of the data at the end of the service.

12. International data transfers

In general, ClicknSail will try to hire providers who process data within the European Economic Area.

However, some technology providers may be located outside the European Economic Area or use infrastructure located in third countries.

In particular, the use of Google Analytics 4 may involve the processing of information by entities or infrastructures linked to the Google group outside the European Economic Area.

When an international data transfer is carried out, ClicknSail and its suppliers will adopt one of the mechanisms provided for by the applicable regulations, such as:

• An adequacy decision of the European Commission.
• Adherence to a framework recognized by the European Commission.
• Contractual clauses type.
• Binding corporate rules.
• Contractual guarantees and complementary measures.
• Any other legally valid mechanism.

The user may request additional information about the guarantees applied by writing to in**@*************er.es.

13. Conservation periods

Personal data will be kept for the time necessary to fulfill the purposes for which they were collected.

In general, the following criteria will be applied:

Queries and requests for information

The data will be kept as long as necessary to respond and reasonably follow up on the query.

Once the management is completed, they may be kept duly blocked for the necessary periods to meet possible liabilities.

Reservations and hiring

The data related to reservations and contracted services will be kept as long as the contractual relationship is maintained.

Once completed, they will be kept blocked during the prescription periods of legal, contractual, fiscal, accounting, commercial or administrative obligations or responsibilities.

Payments and billing

The data related to economic operations, payments and invoices will be kept for the periods required by tax, accounting and commercial regulations.

Complaints and incidents

The data will be kept for the time necessary to manage the incident or claim and, subsequently, for the period in which responsibilities may arise.

Safety data

Technical and security records will be retained for as long as necessary to detect, investigate and manage incidents, fraud or unauthorized access.

Google Analytics Data 4

The data obtained through Google Analytics 4 will be kept for the period configured in the tool, in accordance with the retention options applied by ClicknSail and with the information included in the Cookies Policy.

When the data is no longer necessary, it will be deleted or anonymized. Where legally applicable, they may remain blocked and available exclusively to judges, courts, public authorities or data protection authorities.

14. User rights

The user can exercise the rights recognized by data protection regulations.

Right of access

Allows you to obtain confirmation as to whether ClicknSail is processing the user’s personal data and, if so, access said data and certain information about its processing.

Right of rectification

Allows you to request the correction of personal data that is inaccurate or incomplete.

Right of deletion

Allows you to request the deletion of personal data when, among other reasons, it is no longer necessary for the purpose for which it was collected.

This right will not be absolute and may be denied when retention is necessary to comply with a legal obligation or to formulate, exercise or defend claims.

Right to object

It allows you to oppose the processing of personal data when it is based on the legitimate interest of the person responsible, taking into account the particular circumstances of the user.

Right to limitation of treatment

Allows you to request that the treatment be limited in certain cases established by the regulations.

Right to portability

When applicable, it allows you to receive the personal data provided in a structured, commonly used and machine-readable format, or request that it be transmitted to another person in charge.

Right to withdraw consent

When the treatment is based on consent, the user may withdraw it at any time.

The withdrawal will not affect the legality of the processing carried out before said withdrawal.

Right not to be subject to automated decisions

The user has the right not to be subject to a decision based solely on automated processing, including profiling, that produces legal effects or significantly affects them in a similar way, except in cases permitted by law.

15. Exercise of rights

To exercise their rights, the user may send a request to:

Email: in**@*************er.es

Postal address:
Grupo Panian, S.L.
C/ María Curie, 3, floor 1, office 5
C.P. 29590, Málaga

The request must indicate:

• Name and surname of the interested party.
• Right you wish to exercise.
• Clear application description.
• Data necessary to locate the information.
• Address or medium for notification purposes.
• Any additional information that facilitates the management of the request.

When there are reasonable doubts about the identity of the applicant, ClicknSail may request additional information to verify their identity.

A legal or voluntary representative may also act, as long as he or she adequately certifies his or her representation.

The exercise of the rights will be free of charge, unless the requests are manifestly unfounded or excessive, especially due to their repetitive nature, in which case the measures permitted by the regulations may be applied.

ClicknSail will respond to requests within the legally established deadlines.

16. Complaints before the supervisory authority

When the user considers that ClicknSail has processed their personal data in a manner contrary to the regulations, they may file a claim with the ASpanish Data Protection Agency.

Before submitting a claim related to the exercise of a right, it is recommended that the user first contact ClicknSail through in**@*************er.es, so that the request can be attended to.

The presentation of a claim before the Spanish Data Protection Agency does not prevent the exercise of other administrative or judicial actions that may correspond to the user.

17. Accuracy and updating of data

The user guarantees that the personal data provided is true, accurate, complete and current.

The user will be responsible for:

• Communicate any modification to your data.
• Correct inaccurate information.
• Do not provide false or third-party data without authorization.
• Provide only the data necessary for the request or service.
• Keep information related to a reservation up to date.

ClicknSail will not be responsible for damages caused by incorrect, outdated or false information provided by the user, without prejudice to the obligations that legally correspond to the person responsible.

18. Personal data of third parties

When the user provides personal data of another person, he declares that:

• You are authorized to communicate them.
• The data is correct and relevant.
• You have previously informed the third party about the communication.
• Has made this Privacy Policy available to you.
• The data is necessary to manage the request, reservation or service.

The user must not provide third party data when they do not have sufficient authorization to do so.

19. Minors

The contracting services offered by ClicknSail must be requested by people of legal age and with sufficient legal capacity to contract.

ClicknSail does not intend to knowingly collect personal data from minors through its general forms.

When a reservation includes minor passengers and it is necessary to provide certain data to provide the service, said data must be provided by their parents, legal representatives or by a duly authorized person.

When ClicknSail detects that it has collected data from a minor without the necessary authorization, it will take reasonable measures to delete it.

20. Automated decisions and profiling

ClicknSail does not intend to adopt decisions based exclusively on automated treatments that produce legal effects on the user or significantly affect them in a similar way.

Google Analytics 4 may use identifiers and navigation data to compile statistics and analyze the use of the website. This analysis is not used, by itself, to make decisions with legal effects on the user.

In the event that ClicknSail implements automated treatments with significant effects in the future, it will inform users in advance about:

• The existence of treatment.
• Applied logic.
• The importance and anticipated consequences.
• The rights and guarantees available.

21. Safety measures

ClicknSail will take appropriate technical and organizational measures to protect personal data and ensure a level of security appropriate to the risk.

These measurements may include:

• Access control to systems and databases.
• Permissions and user management.
• Using strong passwords.
• Communications encryption where appropriate.
• Backups.
• Updating systems and applications.
• Protection against malicious programs.
• Incident recording and monitoring.
• Recovery procedures.
• Confidentiality commitments.
• Selection and supervision of suppliers.
• Training and awareness of authorized personnel.

However, no system connected to the Internet can guarantee absolute security. The user must also take reasonable measures to protect their devices, communications and credentials.

22. Security violations

When a security breach involving personal data occurs, ClicknSail will analyze the scope, possible consequences and risks for affected individuals.

When legally required, ClicknSail:

• You will document the incident.
• will take measures to contain and correct it.
• You will notify the competent data protection authority of the violation.
• Inform affected people when there is a high risk to their rights and freedoms.

23. Confidentiality

People who have access to personal data on behalf of ClicknSail will be subject to confidentiality obligations.

This obligation will continue even after the employment, professional or contractual relationship that has allowed access to the information ends.

24. Cookies and similar technologies

The website uses cookies and similar technologies to ensure its operation, remember certain preferences and, when authorized by the user, analyze the use of the website.

Detailed information about:

• The cookies used.
• Its purpose.
• Supplier.
• Its duration.
• The way to accept or reject them.
• Using Google Analytics 4.

is available in the ClicknSail Cookies Policy.

Non-necessary analysis cookies will remain deactivated until the user gives their consent.

25. Links to third party pages

The website may include links to pages, platforms or services managed by third parties.

ClicknSail does not control the privacy practices of these pages and will not be responsible for the treatment carried out directly by their owners.

The user is recommended to read the Privacy Policy and Cookies Policy of each external site before providing personal data.

26. Modifications to the Privacy Policy

Grupo Panian, S.L. may modify this Privacy Policy when necessary for:

• Adapt it to legislative or regulatory changes.
• Meet new criteria from data protection authorities.
• Reflect changes in the treatments carried out.
• Incorporate new functionalities.
• Add or replace suppliers.
• Modify the reservation or payment processes.
• Update using Google Analytics 4.
• Improve the clarity and transparency of information.

Where changes are relevant, ClicknSail may inform users by means of a notice on the website or through other appropriate means.

When the modification affects a treatment based on consent, the user’s authorization will be requested again when necessary.

The current version will be the one published on the website, identified by its update date.

27. Contact

For any questions related to this Privacy Policy or the processing of personal data, the user can contact:

Grupo Panian, S.L.
C.I.F.: B93500189
Address: C/ María Curie, 3, floor 1, office 5, C.P. 29590, Málaga
Email: in**@*************er.es
Phone: 673 788 943