Privacy Policy

Marina Developments Limited (“MDL”) sets out in this Privacy Notice how it handles personal data under the GDPR as amended, implemented and expanded by the Data Protection Act 2018 and secondary legislation made under it (together “the Data Protection Legislation”). MDL has notified the Information Commissioner’s Office (ICO) that it holds personal data as a data controller ( and its details can be checked at the ICO under No. Z5608424.

Terms which are given specific meanings in the Data Protection Legislation, such as “personal data” data controller” and “data processor” have the same meanings in this Privacy Notice.

Under the Data Protection Legislation, MDL has a legal duty to protect any information we collect from you or which we receive from third party sources about you. We set out below the sources of data relating to you which we process.

We won’t share your information with any other organisations for marketing, market research or commercial purposes, and we don’t pass your details to other websites. MDL is committed to protecting the privacy and security of your personal data We adopt appropriate technical and organisational measures to mitigate security risks and to ensure that:

(i) we process data in strict compliance with Data Protection Legislation;

(ii) we are able to respond in a timely manner to subject access requests;

(iii) we can detect and report data breaches;

We hold your data in the UK. Where we do not own the systems on which personal data is held, the data is held on our behalf by a data processor operating under a written data processing agreement which complies with the Data Protection Legislation.

This privacy notice describes how we collect and use personal information about you, in accordance with the Data Protection Legislation.

We may update this notice at any time. The date at the top of the policy is the date on which the data policy was last revised

For data protection purposes Marina Developments Limited is the “data controller”. This means that, we are responsible for deciding how we hold and use personal information about you.

• We are required by law to notify you of the information that is contained in this privacy notice.
• This notice does not form part of any contract between you and MDL

It is important that you read this notice, together with any other privacy notice we may provide from time to time, so that you are aware of how and why MDL is using such information.

General Data Protection Act principles

MDL must comply with the data protection principles which state that the personal information we hold about you must be:

• Used lawfully, fairly and in a transparent way;
• Collected only for valid purposes that we have clearly explained to you and not used in any way that is incompatible with those purposes;
• Relevant to the purposes we have told you about and limited only to those purposes;
• Accurate and kept up to date;
• Kept only as long as necessary for the purposes we have told you about; and
• Kept securely;
• Not transferred outside the European Economic Area except strictly in accordance with the Data Protection Legislation and in a manner which protects the interests of the data subjects.

What kind of information do we/may we hold about you?

‘Personal data’ means any information about an identifiable living individual. It does not include data which has been aggregated or anonymised so that an individual can no longer be identified from it

MDL may collect, store and use the following categories of personal information about you:

• Personal contact details such as name, title, addresses, telephone numbers and personal email addresses that you have supplied;
• Your date of birth;
• Your gender (if you have supplied this information);
• Your marital status and details of dependants (if you have supplied this information);
• Next of kin details and emergency contact information (if you have supplied this information);
• Your bank account details,
• The services you have purchased including: the type of service; invoiced amounts; location of the marina for which the service was used; and dates of the service.
• A copy of your boat insurance and boat ownership documents;
• CCTV footage of you and other information obtained through electronic means such as swipe-card records and the like;
• Information from our Access Control System including your name, user type, the door or gate accessed, the date and time of access and unique reference; and
• Information you gave us through our website (including social media), Apps, Emails, IP address, Cookies, Questionnaires, Transactions and Agreements.

Certain categories of data are designated “special categories of data”. This is data which covers:

• racial or ethnic origin,
• political opinions,
• religious or philosophical beliefs,
• trade union membership,
• the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person
• data concerning health; or
• data concerning a natural person’s sex life or sexual orientation

We will rarely need to process special categories of data, and where we do so it will only be done on the basis of an appropriate and documented reason as set out in the Data Protection Legislation.

How do we collect your personal information?

MDL collects personal information directly during the purchase of services such as annual berthing agreements, purchase of boat yard services, visitor berthing or other services provided by MDL.

We collect certain information or data about you when you use our website or our Apps. This includes:

• Questions, queries or feedback you leave, including your email address if you send an email to mdlmarinas.co.uk;
• Your IP address, and details of which version of web browser you used;
• Information on how you use the site, using cookies and page tagging techniques to help us improve the website;
• Details to allow you to access our services and transactions e.g. an email address (you’ll always be told when this information is being collected, and it will only be used for the purpose you provide it for). This helps us to:
• Improve the site by monitoring how you use it;
• Respond to any feedback you send us, if you’ve asked us to;
• Provide you with information about our services if you want it; and
• Request sensitive permissions like accessing the camera, microphone, contacts or data on your phone;
• Access Cards, enabling you access to various areas at each marina site including pontoons and buildings. We will collect the following information:
  • Your name;
  • User type e.g. Berth Holders, Tenants, Visitors, Contractors, Staff;
  • The Door or gate accessed and at which marina site;
  • Date and time of access; and
  • Unique reference number of each user issued an Access Control Card

Access Control Data is held for 24 hours after which the data is removed from the Access Control Server and individual names and unique reference numbers are deleted. Whilst other non-identifiable information is kept for site usage statistics, this is no longer personal data.

CCTV

We operate CCTV systems at our marinas including in the associated residential and commercial developments at our Sites for security purposes including the protection of berth-holders, their visitors and their property including their vessels and gear.

We have considered the privacy of people who might be caught on CCTV and have adopted the following provisions which minimises the impact on their privacy:

(i) In selecting the location of the CCTV we have sought to limit the capture of irrelevant material and to ensure;

(ii) notices are placed near the location of the cameras indicating that they are in use and who to contact in the event of any concerns with the CCTV;

(iii) recorded material is overwritten every [ 30 ] days, and is not retained longer unless there is a security breach or other specific reason for doing so;

(iv) no-one reviews footage unless there is a specific incident requiring review, at which point a request must be submitted to the marina management to review; and

(v) it is only passed to third parties when a valid and compliant basis for transfer of that data has been established.

• We have adopted appropriate technical measures to prevent unauthorised access to CCTV recordings.
• Anyone who wishes to make a subject access request with respect to their data which they believe has been captured on CCTV should follow the procedure set out in this Privacy Policy
• Log files which allow us to record visitors' use of the site which we use to make changes to the layout of the site and to the information in it, based on the way that visitors move around it. Log files do not contain any personal information about you or information about which other sites you have visited.
• Other information we collect from visitors to our website:
  • Feedback
  • Requests for information
  • Registration details for some areas of the site

You can send us your feedback directly using the contact area on our website. We do not pass on any of your personal information outside our organisation when dealing with your enquiry. We will not use any information you supply for any other purpose without first seeking your permission.

Where your details are held in our tracking system these are archived after we have dealt with your enquiry and deleted after 36 months.

In addition to the personal data which you provide to us directly, we collect data from the following groups of people:

(i) Credit reference agencies where applicable

(ii) Professional advisers and consultants;

(iii) Complainants and enquirers;

(iv) Suppliers/contractors;

(v) Local authorities; and

(vi) Other public sector bodies and service providers such as utilities companies

What do we do with the information that we collect about you?

MDL will only use your personal data when the law allows us to and in accordance with a valid basis for processing that data, as provided in the Data Protection Legislation. If we cease to have a valid basis for processing your personal data, we will stop doing so.

Most commonly, we will use your personal information in the following circumstances:

• Where we need to perform the contract, we have entered into with you (for example, your berthing contract); and/or
• Where we need to comply with a legal obligation (for example, to collect payments); and/or
• To conduct data analytic studies to review and better understand customer retention and attrition rates, use of our sites and facilities; and/or
• Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests. What is a legitimate interest will depend on the circumstances at the time but will include our accounting, fiscal and record keeping purposes.

We may also use your personal information in the following situations, which are likely to be rare:

• Where we need to protect your interests (or someone else’s interests).
• Where it is needed in the public interest.

Reasons for Processing Personal Information

We will only use your personal information for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If we need to use your personal information for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Where this is required or permitted by law, we may process your personal information without your knowledge or consent, in compliance with the above rules.

Sharing your data

MDL may have to share your data with third parties, including third-party service providers, other entities in the group and law enforcement authorities.

We will share your personal information with third parties where required by law, where it is necessary to administer the client - business relationship with you or where we have another legitimate interest in doing so.

We require third parties to respect the security of your data and to treat it in accordance with the law.

We do not transfer your personal information outside the EU.

How secure is my information with third-party providers

All our third-party service providers and other entities in the group are required to take appropriate security measures to protect your personal information in line with our policies. We do not give third-party service providers our permission to use your personal data for their own purposes. They are only allowed to process your personal data for specified purposes and in accordance with our instructions.

How secure is my data?

We have put in place appropriate security measures to prevent your personal information from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal information to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal information on our instructions, and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected data security breach and will notify you and any applicable regulator of a suspected breach where we are legally required to do so.

Data retention - how long will you use my information for?

We will only retain your personal information for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting or reporting requirements.

In some circumstances we may anonymise your personal information so that it can no longer be associated with you, in which case we may use such information without further notice to you.

Once you are no longer a customer of MDL we will retain and securely destroy your personal information in accordance with our applicable legal obligations and legitimate interests.

Rights of access, correction, erasure and restriction

Your duty to inform us of changes

It is important that the personal information we hold about you is accurate and current. Please keep us informed if your personal information changes during your customer relationship with us.

Your rights in connection with personal information

Under certain circumstances, by law you have the right to:

• Request access to your personal information (commonly known as a “data subject access request”). This enables you to receive a copy of the personal information we hold about you and to check that we are lawfully processing it.
• Request correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected.
• Request erasure of your personal information. This enables you to ask us to delete or remove personal information where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal information where you have exercised your right to object to processing (see below). Requests for erasure will be considered on a case by case basis and a request may be refused in appropriate circumstances.
• Object to processing of your personal information where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground. You also have the right to object where we are processing your personal information for direct marketing purposes.
• Request the restriction of processing of your personal information. This enables you to ask us to suspend the processing of personal information about you, for example, if you want us to establish its accuracy or the reason for processing it.
• Request the transfer of your personal information to another party

If you want to review, verify, correct or request erasure of your personal information, object to the processing of your personal data, or request that we transfer a copy of your personal information to another party, please contact the MDL Privacy Officer in writing (contact details are provided below)

No fee usually required

You will not have to pay a fee to access your personal information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request for access is clearly unfounded or excessive. Alternatively, we may refuse to comply with the request in such circumstances.

What we may need from you

We may need to request specific information from you to help us confirm your identity and ensure your right to access the information (or to exercise any of your other rights). This is another appropriate security measure to ensure that personal information is not disclosed to any person who has no right to receive it.

Right to withdraw consent

In the limited circumstances where you may have provided your consent to the collection, processing and transfer of your personal information for a specific purpose, you have the right to withdraw your consent for that specific processing at any time. To withdraw your consent, please contact the Privacy Officer. Once we have received notification that you have withdrawn your consent, we will no longer process your information for the purpose or purposes you originally agreed to, unless we have another legitimate basis for doing so in law.

Privacy Officer

We have appointed a privacy officer (PO) to oversee compliance with this privacy notice. If you have any questions about this privacy notice or how we handle your personal information, please contact the PO on privacyofficer@mdlmarinas.co.uk. You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues.

Changes to this privacy notice

MDL reserve the right to update this privacy notice at any time, and we may provide you with a new privacy notice when we make any important updates. We may also notify you in other ways from time to time about the processing of your personal information.

If you have any questions about this privacy notice, please contact the Privacy Officer.

Privacy Officer

Marina Developments Limited

1 Channel Way

Ocean Village

Southampton

Hampshire

SO14 3QF

Email: privacyofficer@mdlmarinas.co.uk