1. About this Privacy Policy
This Privacy Policy explains how ILLUSTRIOUS & CO TRADING PTY LTD (ABN 48 657 369 796) (we, us or our) handles personal information in connection with YachtShareOS, YachtShare Berths and related services.
It applies to our websites at yachtshareos.com and berths.yachtshareos.com, our web application, any related mobile or browser-based experience, customer support, marketing, subscriptions, vessel-management services, berth listings, enquiries and bookings (together, the Services).
We are committed to handling personal information consistently with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs) where they apply. If a law provides a higher standard, we will apply that standard to the extent required.
2. What is personal information?
Personal information is information or an opinion about an identified individual, or an individual who is reasonably identifiable, whether or not the information is true or recorded in a material form. Some information, such as health information, is sensitive information and receives additional protection under Australian privacy law.
3. Personal information we collect
The information we collect depends on how you use the Services and the role you hold within a workspace, syndicate, fleet, marina, club or berth listing.
3.1 Account and contact information
- name, email address, telephone number and communication preferences;
- login identifier, authentication information and account-security records;
- organisation, syndicate, marina, yacht club or business details; and
- role, permissions, invitations and workspace membership.
3.2 Vessel, operational and membership information
- vessel identity, specifications, registration, insurance, ownership or syndicate details and uploaded documents;
- owner, member, operator and approved-crew details;
- bookings, allocations, voyage and trip-log information, engine-hour readings and operational activity;
- safety checks, maintenance records, defects, jobs, inspections, photographs, notes, sign-offs and supporting evidence; and
- communications, tasks, alerts and activity history connected with a vessel or workspace.
3.3 Location and marine information
- berth, marina, vessel and voyage locations;
- GPS, GPX, AIS or similar location or route information you upload, connect or choose to use;
- device location where you have enabled a location-based function and granted permission; and
- weather, route or marine data associated with your use of relevant features.
We do not seek to collect continuous precise device location unless a feature requires it and you have enabled the relevant permission.
3.4 YachtShare Berths information
- marina, yacht club, private berth and listing information, including contact details, location, dimensions, facilities, access conditions, pricing and availability;
- listing-claim and verification information;
- booking requests, booking status, dates, vessel details, messages and special requirements; and
- information required to connect a Booker with the relevant marina, berth owner or other listing provider.
3.5 Payment and transaction information
We may collect billing contact details, subscription or booking amounts, invoices, payment status, refunds, transaction identifiers and limited payment-method information made available by our payment-processing provider. Complete payment-card details are handled by the payment-processing provider and are not intended to be stored by us.
3.6 Communications, marketing and support
- enquiries, support requests, complaints, feedback and correspondence;
- preferences and consent records for email or SMS communications; and
- records of demonstrations, onboarding, training or customer-support interactions.
3.7 Technical and usage information
- IP address, browser, device type, operating system, language and approximate location derived from an IP address;
- login time, pages or features used, referring page, session information, clicks, errors and diagnostic logs; and
- cookies, similar technologies and analytics identifiers.
3.8 Sensitive information
The Services are not designed for the routine collection of sensitive information. However, information uploaded to safety records, incident notes, crew records, communications or documents may contain health or other sensitive information. You must only provide sensitive information where it is reasonably necessary, you are authorised to do so, and any consent or other legal basis required by law has been obtained.
3.9 Live chat and website analytics
Our websites offer a live chat facility supplied by LeadConnector (GoHighLevel). If you open a chat, we collect the messages you send, any contact details you provide, and technical information about your session. This facility is offered on our marketing website only.
The chat provider also collects website session and attribution information — including a session identifier, pages viewed, referring URL, and technical information about your device and connection, including your IP address — when a page on that website loads, whether or not you use the chat. This is used to attribute enquiries to their source and to recognise returning visitors.
When you open the chat, a bot-protection check supplied by Cloudflare also runs, which processes technical information about your device and connection. The chat facility also loads webfonts from a third-party content delivery network (Bunny Fonts), which receives your IP address.
4. How we collect information
We collect personal information:
- directly from you when you create an account, subscribe, submit a form, create or claim a listing, make or manage a booking, upload a record, contact us or use the Services;
- from an organisation administrator, operator, syndicate administrator, marina, berth owner or other authorised user who adds or invites you to a workspace;
- from another party to a berth enquiry or booking where necessary to facilitate that transaction;
- from publicly available sources for directory and listing information, including marina or yacht-club websites and public business information;
- automatically through cookies, logs, device information and similar technologies; and
- from service providers, integration partners and lawful third parties that support the Services.
Where a YachtShare Berths listing has been created from public information, the relevant marina, club or berth provider may contact us to claim, verify, correct or request removal of the listing.
5. Why we collect, use and disclose personal information
We may collect, use and disclose personal information to:
- create and administer accounts, workspaces, roles and permissions;
- provide subscriptions, demonstrations, onboarding, customer support and account administration;
- operate vessel, syndicate, fleet, booking, record-management and communication functions;
- publish, verify, manage and improve YachtShare Berths listings;
- facilitate berth enquiries, booking requests, confirmations, payments, service fees, cancellations and refunds;
- send service messages, alerts, security notices and transactional communications;
- process payments, keep financial records and prevent fraud or misuse;
- provide optional automated extraction, classification, summarisation and assistance features;
- maintain security, investigate incidents, enforce our Terms of Service and protect users and the public;
- analyse usage, troubleshoot, test, improve and develop the Services;
- manage consent and send marketing where permitted;
- comply with laws, court orders and lawful regulatory requests; and
- establish, exercise or defend legal claims.
If you do not provide information reasonably required for a particular function, we may be unable to create your account, provide that function, complete a booking, process payment or respond to your request.
6. Automated and AI-assisted processing
Some features may use automated or AI-assisted tools to extract information from uploaded documents or photographs, classify records, generate summaries, assist with voyage or operational information, or suggest actions. Information submitted to those features may be processed by specialised service providers acting on our instructions.
Automated outputs may be incomplete or inaccurate. They are provided to assist users and should be reviewed by an authorised person before being relied on or committed to a vessel record. We do not use automated tools as a substitute for the independent judgement required for navigation, safety, regulatory compliance, vessel suitability or emergency decisions.
7. Who we disclose information to
We may disclose personal information where reasonably necessary to:
- the organisation, operator, syndicate or workspace administrator responsible for the workspace you use;
- other authorised users of the same workspace, according to their role and permissions;
- a marina, berth owner, listing provider or Booker who is the other party to an enquiry or booking;
- technology, hosting, data-storage, authentication, payment, communication, analytics, mapping, marine-data, security, customer-support and automated-processing providers;
- professional advisers, insurers, auditors and contractors subject to appropriate confidentiality obligations;
- regulators, courts, law-enforcement agencies and other persons where required or authorised by law; and
- a purchaser, investor or successor in connection with a genuine proposed or completed business transaction, subject to appropriate confidentiality and privacy protections.
HighLevel LLC (a subsidiary of GoHighLevel Inc.) and LeadConnector LLC, which supply our live chat and customer-relationship tooling, process chat content and website session information on our behalf. These entities are headquartered in the United States, and their own service providers may be located in other countries. Cloudflare, Inc. (United States) provides bot protection for the chat facility. This involves disclosure of personal information overseas — see section 8, Overseas disclosure and processing.
We do not sell personal information as a standalone product.
8. Overseas disclosure and processing
Some service providers and their sub-processors may store or process personal information outside Australia. At the date of this policy, likely overseas locations include the United States. Other locations may depend on the provider infrastructure, integration selected by a customer and the location from which a user accesses the Services.
Where the APPs apply, we will take reasonable steps in the circumstances to ensure overseas recipients handle personal information consistently with the APPs, unless an exception applies. Because infrastructure and sub-processors can change, you may contact us for current information relevant to a particular service or workspace.
9. Workspace administrators and other organisations
If you use the Services through an organisation, syndicate, club, marina or commercial operator, that organisation may independently control some personal information within its workspace. Its administrators may create accounts, assign permissions, access records, correct information, export data or remove users. You should direct workspace-specific questions to that organisation in the first instance. We remain responsible for personal information that we control.
11. Direct marketing
Where permitted by law, we may use your contact details to send information about YachtShareOS, YachtShare Berths, product updates, demonstrations, offers or related services. We will only send commercial electronic messages where we have the consent or other permission required by law.
You can unsubscribe using the link or instructions in a message or by contacting us. We will action valid unsubscribe requests within the period required by law. You may still receive non-marketing service messages that are necessary for your account, booking, security or transaction.
12. Security
We take reasonable technical and organisational steps to protect personal information from misuse, interference, loss and unauthorised access, modification or disclosure. Measures may include access controls, authentication, encryption where appropriate, logging, backups, supplier controls and incident-response procedures.
No system or transmission method is completely secure. You are responsible for keeping login credentials confidential, using appropriate device security, restricting workspace access and notifying us promptly of suspected unauthorised activity.
13. Retention and deletion
We retain personal information for as long as reasonably necessary to provide the Services, maintain legitimate operational and vessel records, complete transactions, meet legal and accounting obligations, resolve disputes, enforce agreements and maintain security. Retention periods may differ according to the type of record and a customer's contractual or legal requirements.
When personal information is no longer required and we are not legally required or permitted to retain it, we will take reasonable steps to delete or de-identify it. Residual copies may remain temporarily in secure backups or logs until they are overwritten or no longer required.
14. Access and correction
You may request access to personal information we hold about you or ask us to correct information that is inaccurate, out of date, incomplete, irrelevant or misleading. Some account and profile information may be updated directly within the Services.
To make a request, contact us using the details below. We may need to verify your identity and authority. We will respond within a reasonable period. If we refuse access or correction where the law permits, we will provide the reasons and available complaint options, unless it would be unlawful to do so.
15. Privacy complaints
If you believe we have mishandled personal information, please contact us and provide enough detail for us to investigate. We will acknowledge the complaint and aim to provide a substantive response within 30 days, although complex matters may take longer.
If you are not satisfied with our response, you may contact the Office of the Australian Information Commissioner (OAIC) through oaic.gov.au. The OAIC may ask that you first give us a reasonable opportunity to respond.
16. Data breaches
We maintain processes for responding to suspected data breaches. Where the Notifiable Data Breaches scheme or another applicable law requires notification, we will notify affected individuals and the relevant regulator as required.
17. Children and information about other people
The Services are intended for people aged 18 years and older. You must not create an account for a child. If you provide personal information about another person, including an owner, crew member, guest or booking contact, you must be authorised to do so and must ensure the person receives any notice or gives any consent required by law.
18. Third-party sites and services
The Services may contain links to or integrate with third-party sites, data sources or services. Those parties may handle personal information under their own privacy policies. This Privacy Policy does not govern information independently collected or controlled by those third parties.
19. Changes to this Privacy Policy
We may update this Privacy Policy to reflect changes to the Services, our information-handling practices or the law. We will publish the current version through the Services and update the effective date. If a change is material, we will take reasonable steps to provide additional notice.
20. Contact us
For privacy questions, access or correction requests, complaints, or requests relating to YachtShare Berths listings, contact ILLUSTRIOUS & CO TRADING PTY LTD (ABN 48 657 369 796):
Email: info@oceanopsos.com
Privacy questions or requests
For privacy questions, access or correction requests, complaints, or requests relating to YachtShare Berths listings, contact ILLUSTRIOUS & CO TRADING PTY LTD.
info@oceanopsos.comRelated legal documents
Terms of Service →