1. Introduction

Welcome to Panama Yacht Broker. Your privacy is important to us, and we are committed to safeguarding your personal data. This Privacy Policy outlines how we collect, use, store, and protect your information when you visit our website, https://panamayachtbroker.com/ (the “Website”), or engage with our services. This Privacy Policy complies with applicable privacy laws, including:

• Panama privacy laws governing data protection.
• United States privacy laws, including the California Consumer Privacy Act (CCPA).
• European Union General Data Protection Regulation (GDPR), applicable to EU/EEA users.

By using our Website, you agree to the terms of this Privacy Policy. If you do not agree, you must immediately stop using the Website. For questions, concerns, or to exercise your rights under this Privacy Policy, please contact us using the details provided in Section 25 (Contact Information).

2. Definitions

To ensure clarity, the following key terms used in this Privacy Policy are defined as follows:

• “Personal Data”: Any information that can directly or indirectly identify an individual, such as name, email address, or IP address.
• “Data Controller”: Panama Yacht Broker, responsible for determining the purpose and means of processing personal data.
• “Data Processor”: Any third party that processes personal data on behalf of Panama Yacht Broker.
• “User”: Any individual or entity accessing or interacting with the Website.
• “Cookies”: Small data files stored on your device to enhance user experience and collect usage data.
• “CCPA”: California Consumer Privacy Act, which governs personal data rights for California residents.
• “GDPR”: General Data Protection Regulation, which governs personal data rights for individuals in the EU/EEA.

3. Data We Collect

We collect and process the following types of data to provide and improve our services:

Personal Information Collected Directly from You:

• Contact Information: Name, email address, phone number, or other identifiers when you fill out inquiry forms or contact us.
• Inquiry Details: Information you provide when contacting us about yacht listings or other services.

Automatically Collected Information:

• Technical Data: IP address, browser type, operating system, device type, and language settings.
• Usage Data: Pages visited, time spent on the Website, and clickstream behavior.

Tracking Data via Cookies and Analytics:

• Cookies and other tracking technologies to monitor Website usage and improve functionality (see Section 8 for more details).

Third-Party Data Sources:

• Data collected via third-party tools, such as Google Analytics, to analyze and optimize Website performance.

We do not intentionally collect sensitive personal data (e.g., health information) unless required for legal compliance.

4. Purpose of Data Collection

We collect and use your personal data for the following purposes:

Providing Services:

• To display yacht listings, process inquiries, and facilitate communication between buyers and sellers.

Improving the Website:

• To analyze user behavior and improve the Website’s functionality, design, and content.

Marketing and Communications:

• To send promotional emails, newsletters, and updates (only with your explicit consent where required by law).

Legal Compliance:

• To comply with legal obligations, such as tax reporting, fraud prevention, and responding to lawful requests by authorities.

Legitimate Interests:

• To secure our Website, prevent unauthorized access, and enforce our Terms and Conditions.

Data will only be used for the purposes stated above unless otherwise required by law or with your explicit consent.

5. Legal Bases for Processing Data

Under the GDPR, we rely on the following legal bases to process your personal data:

• Consent: When you explicitly agree to our use of cookies, tracking technologies, or receive marketing communications.
• Contractual Necessity: When processing your data is necessary to respond to your inquiries or provide services you requested.
• Legal Obligations: To comply with applicable laws, such as tax regulations or responding to law enforcement requests.
• Legitimate Interests: When processing data is necessary to improve our Website, secure our systems, or analyze Website usage, provided these interests do not override your rights and freedoms.

Where consent is required, you have the right to withdraw your consent at any time without affecting the legality of prior processing.

6. User Rights (GDPR and CCPA Specific)

Depending on your location, you have specific rights regarding your personal data:

A. GDPR Rights (for EU/EEA Users):

• Right to Access: Request a copy of the personal data we hold about you.
• Right to Rectification: Request corrections to inaccurate or incomplete data.
• Right to Erasure (“Right to Be Forgotten”): Request deletion of your personal data under certain conditions.
• Right to Restriction: Request limitation on processing your personal data.
• Right to Object: Object to processing based on legitimate interests or for direct marketing purposes.
• Right to Data Portability: Receive a copy of your personal data in a structured, commonly used format.

B. CCPA Rights (for California Residents):

• Right to Know: Request disclosure of the categories and specific pieces of personal data collected about you.
• Right to Delete: Request deletion of your personal data, subject to certain exceptions (e.g., legal compliance).
• Right to Opt-Out: Opt-out of the sale of personal data (note: we do not sell personal data).
• Right to Non-Discrimination: Exercise your rights without facing discrimination, such as denial of services or increased prices.

To exercise any of these rights, contact us using the details provided in Section 25. Verification of your identity may be required before processing your request.

17. Indemnification

You agree to indemnify, defend, and hold harmless Panama Yacht Broker, its affiliates, employees, officers, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from or related to:

Your Use of the Website:

• Any misuse or unauthorized use of the Website or its content.

Violation of Terms:

• Your breach of these Terms or any applicable laws or regulations.

Third-Party Claims:

• Any claims brought by third parties as a result of your actions, omissions, or interactions facilitated through the Website.

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification, at your expense, and you agree to cooperate with our defense of such claims.

18. Modification of Terms

Panama Yacht Broker reserves the right to update, revise, or modify these Terms at any time, in its sole discretion.

Notification of Changes:

Significant changes to these Terms will be communicated through notices on the Website or via email to registered users.

Binding Nature of Modifications:

• Your continued use of the Website following any modifications to these Terms constitutes your acceptance of the revised Terms.
• If you do not agree with the revised Terms, you must cease using the Website immediately.

We encourage you to review these Terms periodically to stay informed about any updates.

19. Termination of Use

Panama Yacht Broker reserves the right to suspend or terminate your access to the Website at any time, with or without cause, for the following reasons:

Breach of Terms:

Your violation of any provisions outlined in these Terms.

Misuse of the Website:

Engaging in fraudulent, abusive, or unlawful activities while using the Website.

Discretionary Termination:

We may terminate your access to the Website for any other reason at our discretion, with prior notice where feasible.

Upon termination, your right to access and use the Website will cease immediately, and you must destroy any downloaded or saved materials obtained from the Website.

20. Governing Law

These Terms and your use of the Website shall be governed by and construed in accordance with the laws of Panama and, where applicable, the laws of the United States.

Choice of Law:

In the event of a conflict, the governing jurisdiction shall depend on the nature of the claim:

• Panama: Governs matters related to website operations, content ownership, and intellectual property.
• United States: Governs matters related to payment processing and other applicable business operations.

Dispute Resolution:

Any disputes arising from or related to these Terms shall be resolved through arbitration or mediation, where required by applicable law, or through the courts of competent jurisdiction in Panama or the United States, as applicable.

You agree to submit to the exclusive jurisdiction of the courts in Panama or the United States for any disputes arising from these Terms.

21. Force Majeure

Panama Yacht Broker shall not be held liable for any failure or delay in performance resulting from events beyond our reasonable control, including but not limited to:

Acts of Nature:

• Natural disasters such as hurricanes, floods, earthquakes, or other extreme weather events.

Acts of Government or War:

• Government restrictions, regulations, or acts of war, terrorism, or civil unrest.

Technical Failures:

• Interruptions in telecommunications, internet access, or power supply.

Other Unforeseeable Events:

• Any other event or circumstance that is beyond our control and that prevents us from fulfilling our obligations under these Terms.

If a force majeure event occurs, we will make reasonable efforts to resume normal operations as soon as possible.

22. User Feedback

We welcome feedback, comments, and suggestions from our users to improve the Website and its services. By submitting any feedback, you agree to the following terms:

Ownership of Feedback:

• All feedback, suggestions, or ideas submitted to Panama Yacht Broker become our exclusive property.
• You relinquish any rights, including intellectual property rights, to the feedback provided.

No Compensation:

• You acknowledge that you will not receive any compensation, monetary or otherwise, for providing feedback.

Right to Use:

• Panama Yacht Broker may use, modify, and implement your feedback in any manner and for any purpose, including improving the Website, marketing efforts, and new service development.

You warrant that any feedback you provide is original to you and does not infringe on the intellectual property or other rights of third parties.

23. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court or other competent authority, the following conditions will apply:

Survival of Valid Provisions:

The remaining provisions of these Terms will continue to be valid, enforceable, and binding.

Modification of Invalid Provisions:

The invalid or unenforceable provision shall be replaced with a valid and enforceable provision that closely matches the intent of the original provision.

This clause ensures that the enforceability of the Terms as a whole is not affected by the invalidity of any single provision.

24. Entire Agreement

These Terms, along with any other legal notices and policies referenced or incorporated herein (including the Privacy Policy, Cookie Policy, and any applicable disclaimers), constitute the entire agreement between you and Panama Yacht Broker.

Supersession of Prior Agreements:

These Terms supersede any prior or contemporaneous agreements, understandings, or communications, whether written or oral, regarding your use of the Website.

No Waiver:

Any failure by Panama Yacht Broker to enforce a provision of these Terms shall not constitute a waiver of that provision or any other provision.

Binding Nature:

These Terms are binding on both parties and may not be modified except as explicitly outlined in Section 18 (Modification of Terms).

25. Contact Information

If you have any questions, concerns, or inquiries regarding these Terms or the Website, you may contact us using the details provided below:

Panama Yacht Broker
Website: https://panamayachtbroker.com/
Email Address: [insert email address here]
Mailing Address: Panama Yacht Broker, [insert full physical address here]

We encourage users to contact us with any issues related to their use of the Website or these Terms. Please allow up to five business days for a response.