Terms &
Conditions
The
OCC Mobile App - published by IGC Enterprises Ltd on behalf of
the OCC
Terms and Conditions
NOT TO BE USED FOR NAVIGATION - INFORMATION MAY BE
INACCURATE NO GUARANTEE OR WARRANTY OF VALIDITY
Basis of your access to the
OCC’s Mobile App
Your
access to and use of the Information and/or submission of information to the
OCC’s mobile app and websites is governed by these Terms and Conditions to
which all users of the OCC app and sites must agree. By accessing or using
information from any OCC app and site, you agree to be bound by these terms,
which shall take effect immediately on your first access or use. If you do not
agree to be bound by all of the following terms please do not access, use
and/or contribute to the OCCs app or websites.
The provision of your access to the Information does not constitute an agreement or contract between the OCC Parties and you.
Nature and
reliability of the Information contained on OCCs Mobile App and Websites
The information on the OCC app and websites (the “Information”) has been contributed by and is intended for the information of and use by competent amateur yachtsmen. Much of the Information is anecdotal. The views expressed are those of the individual contributors and are not necessarily shared or endorsed by the OCC or its members.
We hope you find the Information interesting and helpful; however, the OCC cannot guarantee the accuracy of the Information and assumes no responsibility for, and does not verify, maintain or keep up to date the Information. Therefore the Information may be inaccurate, incomplete and/or out of date. None of the Information is intended to be used for navigation and should not be relied upon for that purpose, nor for any other purpose. Any sailing directions and/or navigational references in the Information were written for yachts of moderate draft. Waypoints, co-ordinates, routes and anchorages may be safe in some conditions of sea and weather but may be dangerous in other conditions. Should you choose to rely on the Information in any way (i) you do so entirely at your own risk and (ii) you should first confirm the Information, particularly but not limited to any waypoints or co- ordinates against current official hydrographic sources.
Copyright
The OCC either owns the copyright of all of the material on this app and site or possesses a limited license to publish it on this app and site and in its other publications. You are granted a limited licence to copy the Information from this app and site solely for your personal use. You may not otherwise use or exploit the Information for any other purpose without express permission of the copyright owner.
Inappropriate
behaviour, complaints and inaccuracies
If you believe any of the Information to be in anyway unlawful, defamatory, obscene, offensive, inaccurate or otherwise objectionable please notify us immediately through the ‘Contact us’ tab at the top of the page.
Disclaimer
By accepting these Terms of Use, you agree that the OCC Parties owe no duty of care to you in connection with the Information and none of them shall be liable to you for any loss, damage, cost or expense of whatsoever nature which is caused by your use of or reliance on the Information. For the purpose of these Terms of Use, “OCC Parties” means the Ocean Cruising Club, its Officers and individual members together with those persons engaged in the administration, operation and maintenance of this website.
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Guidance
for contributors
The OCC encourages all its members to share their cruising experiences and contribute them for inclusion in one or more of the OCC’s publications. If you choose to do so, you confirm your contribution was compiled with reasonable skill and care and in good faith. Before submitting material please take the time to ensure that you have agreed any references to other people with the individuals concerned. Such a reference includes a person’s image in a photograph.
You should not submit material for publication that is in any way confidential, defamatory, knowingly inaccurate or otherwise objectionable. By submitting material for publication, you warrant that either you are the copyright holder or you have the copyright holder’s permission to use the material without restriction and further, that you have the authority to and do grant to both the OCC limited licences to publish the material in their publications and on their app and websites.
The OCC reserves the right without notice and at any time to change, edit, modify or remove any information submitted whether or not it was initially published on the app or site.
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Applicable
law and Jurisdiction
Our relationship with you is governed by and interpreted under English law. We each submit irrevocably to the exclusive jurisdiction of the Courts of England and Wales
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On this site,
all references to the “Ocean Cruising Club”, the ”Club”
and the “OCC” are to the Ocean Cruising Club Ltd, a company limited by
guarantee, registered in England No. 04919549, registered address Westbourne
House, 4 Vicarage Hill, Dartmouth, Devon, TQ6 9EW. Contact Club Secretary:
Rachelle Turk
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Privacy
Policy
1. Introduction
Please read the following information carefully.
This privacy policy contains information about what
data the OCC collects and stores about you and why. It also tells you who the
Club shares this information with, the security mechanisms in place to protect
your data, and how to contact the Club if you have a complaint.
The prime objective of the Ocean Cruising Club Ltd
("OCC", the “Club,” "we" or "us") is to encourage
long distance sailing in small boats. It is a virtual sailing club and provides
a range of services to its members.
The OCC collects, uses, and has certain
responsibilities for personal information it has about you. When we do this, we
are the “controller” of this information for the purposes of the Data
Protection Act, General Data Protection Regulation and other applicable data
protection laws.
2. Information
collected by us
We collect a range of personal information that you
provide to us, as shown in the table at the end of this document.
Additional information we collect about you when you
visit any OCC website or mobile application comprises:
·
technical information,
including the internet protocol (IP) address used to connect your computer or
mobile device to the internet, your login information, browser type and
version, time zone setting, browser plug-in types and versions, operating
system, and platform;
·
information about your
visit, including the full Uniform Resource Locators (URL) clickstream to, through, and from our site (including date and time); pages
you viewed or searched for; items purchased and the cost of those items,
including any discounts; page response times, download errors, length of visits
to certain pages, page interaction information (such as scrolling, clicks, and
mouse-overs), and methods used to browse away from the page.
We collect the following information from other
sources:
·
we may receive
information about you from other OCC members as part of the initial joining
process and, in particular, the sponsor's recommendations as to your
suitability for membership of the OCC; this information is provided in
confidence to the OCC’s General Committee;
·
website cookies - OCC
websites use authentication cookies to distinguish you from other users of our
website, and to ensure that only members can access those parts of the site
which are designated for “members’ only” use;
·
social media - the Club
administers a number of Facebook groups that are open only to OCC members; from
time to time the Club will carry out an audit of Facebook activity and may
therefore identify levels of usage including posting, commenting, and
expressions of view; the Club administers an Instagram account and may from
time to time collect information about members’ usage; and the Club may in the
future administer other social media accounts which will be subject to the same
or similar information collection practices.
Third Party Applications
In addition, as part of conducting club business, the
Club at times uses third party applications such as “WhatsApp,” an
internet-based instant-messaging application, sending text messages, images,
videos, location data, and audio media messages via the internet, and may in
the future use other applications for the same or similar purposes. The Club
does not control the data collected and used by third party applications,
whether now existing or developed in the future.
Facebook owns “WhatsApp” and therefore owns all your
information, where you are, and who you communicate with. This data can be used
by Facebook in line with its User and Privacy policies.
Furthermore, the owner of any similar application may
own all your information, where you are, who you communicate with, and how the
data is used.
The OCC has no control over such third parties’ data
collection or use of OCC members’ data. At any time, members are free to opt
out of a “WhatsApp” or any other application the Club may now or in the future
use for the same or similar purposes.
3. How we
use your personal information
We use your personal information for the following
purposes:
·
to administer your OCC
membership and the payment of your annual subscriptions, using one of the
Club's available methods of payment to which you have agreed;
·
to keep you updated in
the following ways:
o to notify you about changes to our membership benefits and conditions,
o to send you notices of Club meetings and proceedings,
o to provide you with information about events,
o to provide you with information about services we offer to our members;
·
to provide you with
news and information about other Club members insofar as they relate to the
objectives of the Club;
·
to provide you with
pilotage and cruising information;
·
to send you
publications such as the Members Handbook, Flying Fish, and the Newsletter;
·
to enable members of
the club to connect with each other by publishing member information in the
Handbook, and on the “members’ only” area of the website and the mobile
application;
·
to carry out research
to improve or introduce services and facilities for members, and for any other
purpose consistent with the objectives of the Club.
4. Whether
information has to be provided by you, and why?
The personal information which you must provide to
enable us to manage and administer your membership of the OCC is shown in the
table at the end of this document.
When we collect information from you, we will inform
you whether you are required to provide this information to us.
5. Where
and what information we publish
Personal information is published in three formats,
the distribution of which is restricted to OCC members:
1. Members’ area of the Club’s website
2. Club mobile application
3. Members Handbook.
The information that we publish is shown in the table
at the end of this document.
For reasons of personal security, the Club recognises
that limited disclosure of personal information may be required and offers the
option to disclose only the following:
·
member name, current
boat name, date of joining, and qualifying passage information (year, boat
name, from, to).
6. Legal
reasons we collect and use your personal information
We rely on the following as the legal basis for
collecting, retaining, using, and processing your information:
·
it is necessary and in
the legitimate interests of the OCC in developing, offering, managing, and
administering services to and facilities for members, membership fees, Club
finances, and in meeting its legal obligations as a Private Company Limited by
Guarantee.
7. Who
will we share your personal information with?
We may share information you provide us with certain
third parties, including:
·
confirmation that you
are a member, if requested by a reciprocal club or
·
discount service
provider;
·
other cruising clubs
and associations with whom the OCC shares pilotage and cruising information;
·
the general public, who
are able to access Flying Fish articles you have written (note that OCC does
not resell articles and the author and photographer retain copyright), any
information you provide through OCC online public forums, and cruising location
updates;
·
posting articles about
you and your sailing activities on the publicly accessible section of the OCC
website, in online OCC newsletters, and on the OCC's social media feeds and
similar online forums;
·
posting articles about
you and your sailing activities in the yachting press and on yachting-related
websites.
We may also disclose your personal information to
third parties if we are required or requested to disclose or share your
personal data in order to comply with any legal regulatory, or contractual
obligation, or to protect the rights, property, or safety of the OCC and its
members. Otherwise, the OCC does not share your personal data with third party
commercial organisations or sponsors.
8. Transfer
of your information outside the European Economic Area (EEA)
Data that we collect from you will be stored inside
the UK or EEA and processed by staff working for any IT company that the OCC
might employ on its behalf to manage its website and membership database. Such
company/staff will be contractually obliged to maintain the privacy of your data
and comply with other obligations of data processors. By submitting your
personal data, you agree to this transfer, storing or processing.
Your name and address details will be sent to our
printers to allow them to distribute the Club's printed communications and
publications. Whilst this processing is currently conducted within the UK, the
OCC may distribute its print and distribution on a regional basis around the
world. By submitting your personal data, you agree to this transfer, storing or
processing. If you chose the option to not receive publications via physical
mailings your details will be excluded from this process.
Where you have selected the option to receive emails
from the club, your name and email address may be transferred to the OCC's chosen
bulk email service, ConstantContact. This service is
based in the USA and transfers and processing of data are covered under the
Privacy Shield arrangements between the European Union and the USA .
The OCC will carry out a Data Protection Impact Assessment
where this may be appropriate to protect personal data transferred outside the
UK/EEA.
9. Passwords
Where we have given you (or where you have chosen) a
password which enables you to access certain parts of any OCC website or to use
any OCC app, you must make every effort to keep this password confidential. Do
not share passwords with anyone, and do not save passwords in your web browser
unless you have specific password protection software on your computer which
stores them in an encrypted format.
10. How
long will we store your personal data?
We will keep and process your personal data for so
long as you remain a member of the OCC.
Where your membership ceases, we will, within a
reasonable time (up to six months), stop actively processing your data, but
will retain your data for two years for Club purposes, including re-joining and
statistical analysis.
Thereafter, we will minimise the data we retain in the
archive by deleting all your personal data except for the historic details of
your membership of the club, including membership number, county/state,
country, dates of membership, cumulative years of membership, membership status
upon departure (including reason for departure, account balance, and
secretary's comments), qualifying and circumnavigation passages, awards
received, positions held, forum posts, and cruising reports made (in
publications, on the website, or otherwise). This data will be held in archive
as part of the historic record of the Club.
11. Consent
We are relying on consent through a number of lawful
bases (a contract with you (your membership), compliance with legal
obligations, OCC’s legitimate interests) to collect, use, and share your
personal data as set out in this Policy. Consent was provided when you joined
the OCC, or when you received a notice of changes to the Privacy Policy and
accepted the updated Privacy Policy as part of your continued membership of the
OCC.
12. Security
The transmission of information via the internet or
email is not completely secure. Once we have received your information, we will
use all reasonable procedures and security features to try to prevent
unauthorised access.
We will take all steps reasonably necessary to ensure
that your data are treated securely and in accordance with this Privacy Policy.
In conjunction with the Club’s data processors, we will implement physical
security measures that include firewalls, password protection, database
security roles, and backup arrangements which we or our data processors
determine appropriate to comply with the Data Protection Act (DPA).
The database and associated user interfaces are
designed to comply with current best practice with respect to securing data
subject to the DPA.
Whilst the OCC seeks to take reasonable steps to
mitigate data security breaches, all risks of access to personal data cannot be
eliminated, especially if such data is misused by other members.
13. Future
Processing
We do not intend to process your personal information
for any reason other than stated within this privacy policy. If this changes,
we will inform you via the OCC website and mobile application, and where
appropriate, notify you by email.
14. Your
Rights
Under the DPA, you have a number of important rights
that you may exercise, free of charge.
In summary, these rights are:
·
transparency over how
we use your personal data and fair processing of your information;
·
access to your personal
information and other supplementary information;
·
to require us to
correct any mistakes or complete missing information we hold about you;
·
to require us to erase
your personal information in certain circumstances;
·
to receive a copy of
the personal information you have provided to us or have this information be
sent to a third party; this will be provided to you or the third party in a
structured, commonly used, and machine-readable format;
·
to object at any time
to processing of your personal information for direct marketing;
·
to object in certain
other situations to the continued processing of your personal information;
·
to restrict our
processing of your personal information in certain circumstances.
·
If you would like more
information about your rights under the DPA, please see the Guidance from the
Information Commissioner's Office (UK) on individuals’ rights under the DPA.
If you would like to exercise any of these rights, you
must:
·
email us at secretary@oceancruisingclub.org (we may need to contact you to request further information to verify
your identity);
·
provide proof of your
identity and address;
·
state the right or
rights that you wish to exercise.
We will respond to you within one month from the date
we receive your request.
15. How to
make a complaint?
We hope that you are content with our services to
members. Please get in touch if you have any concerns (see ‘Get in touch’
below).
The DPA also gives you the right to lodge a complaint
with a supervisory authority, in particular in the European Union (or European
Economic Area) state where you work, normally live, or where the alleged
infringement of data protection laws occurred. The UK supervisory authority is
the Information Commissioner’s Office which may be contacted at
https://ico.org.uk/concerns/.
16. Changes
to this Privacy Policy
Any changes we may make to our Privacy Policy in the
future will be posted on the OCC website and mobile application, and, where
appropriate, we will notify you by email. Please check the website or mobile
application from time to time for the latest version, and any updates or
changes to our Privacy Policy.
17. Get in
touch
Questions and requests regarding this Privacy Policy
should be addressed to the Secretary, at secretary@oceancruisingclub.org
Personal Information Collected, Required and Published
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What we collect |
What you must provide |
What we publish |
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On the website |
On the mobile app |
In the Handbook |
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Surname |
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Forenames |
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Chosen name |
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Partner name |
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Title |
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Initials |
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Post nominals and decorations |
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Nationality |
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Names of relatives who are OCC members |
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Location |
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Postal/street address
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Published only for POs/PORs |
Published only for POs/PORs |
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County/state |
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Country |
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Postal/Zip code |
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Telephone numbers |
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Email addresses |
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Blog or website URLs |
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Date of birth |
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Photograph |
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Vessels owned: |
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Current Vessel |
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name |
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type |
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LOA |
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Call sign |
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MMSI |
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sail no. |
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Home port |
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Qualifying passage |
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year |
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yacht |
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from |
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to |
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distance |
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capacity |
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Membership type |
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Year joined |
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Experience |
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Future cruising plans |
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Other information you wish to share |
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Prior OCC membership |
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OCC awards received and positions held |
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Accounts of your cruising activities as submitted to the Newsletter,
Flying Fish and the e-Bulletin and as entries on the OCC Forum |
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Preferred method of payment for membership |
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