We, Tarbert (Loch Fyne) Harbour Authority, are committed to protecting and respecting your privacy.
Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.
The rules on processing of personal data are set out in the General Data Protection Regulation 2018 (the “GDPR”).
DEFINITIONS & TERMINOLOGY
Data controller: A controller determines the purposes and means of processing personal data.
Data processor: A processor is responsible for processing personal data on behalf of a controller.
Data subject: Natural person
Categories of data: Personal data and special categories of personal data
Personal data - The GDPR applies to ‘personal data’ meaning any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier (as explained in Article 6 of GDPR). For example name, passport number, home address or private email address. Online identifiers include IP addresses and cookies.
Special categories personal data - The GDPR refers to sensitive personal data as ‘special categories of personal data’ (as explained in Article 9 of GDPR). The special categories specifically include genetic data, and biometric data where processed to uniquely identify an individual. Other examples include racial and ethnic origin, sexual orientation, health data, trade union membership, political opinions, religious or philosophical beliefs.
Processing - means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
Third party - means a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.
WHO ARE WE?
Tarbert (Loch Fyne) Harbour Authority is the data controller. This means we decide how your personal data is processed and for what purposes. Our contact details are:
Tarbert Harbour Authority, Harbour Office, Garval Road, Tarbert, Argyll, PA29 6TR.
Tel: 01880 820344
For all data matters contact our Office Manager and Data Representative, Pauline Laycock on the above details.
WHAT IS OUR LEGAL BASIS FOR PROCESSING YOUR PERSONAL DATA?
1. Performance of a Contract
In circumstances where you agree to enter into a contract or agreement with us in order for us to provide you with a product or service, then we may need to collect and use your personal information in order to carry out that agreement or contract. Instances in which this is the case are, for example, annual, seasonal and visitor berthing in the marina; commercial berthing and activity such as loading or landings; leasing of property, storage or miscellaneous services.
2. Legitimate Interests
In order to run our business and meet the needs of our customers, it is in our legitimate interest to keep those customers informed. To do so, we may use your personal data. For example, necessary notifications regarding your vessel, safety or environmental issues, harbour developments, as well as news, events and special offers.
While the former examples are a necessity, you have the right to refuse communications on the latter. You can update your preferences or opt out of marketing communications (news, events, special offers etc) at any time via the “unsubscribe” or “manage my prefernces” links at the bottom of such correspondence or alternatively, by contacting us directly by telephone or email (details above).
In other instances, we may collect and process personal data with your consent to do so. We will request such consent at the time of data collection, clearly highlighting the purpose for doing so. Of course, you have the right to refuse, and may opt out again at any time by using the “unsubscribe” or “manage my prefernces” links at the bottom of such correspondence or alternatively, by contacting us directly by telephone or email (details above).
4. Legal or Regulatory Obligation
We may need to collect and process your data to comply with the law. For instance, we might have to pass on details of a person who is suspect or involved in criminal activity to law enforcers such as the police, border control or customs.
USE & COLLECTION OF PERSONAL INFORMATION
We collect personal data (as defined by the GDPR, outlined in the earlier definition) in order to provide the best possible service to our customers and stakeholders and use different direct methods to do so. You may give us your personal details by filling in forms or by corresponding with us by post, telephone, email or otherwise – including using and engaging on our website (www.tarbertharbour.co.uk). This includes personal data you provide when you apply for our products or services, subscribe to our newsletter online, fill in a form on our website, either for feedback or enquiries, or upon entering a competition. Please note we do not collect or process any special categories personal data.
The information we may collect and process as well as how we use that information is detailed below.
Upon entering and agreement or contract with us, i.e. becoming a customer by up-taking one of our products or services, such as seasonal, annual or visitor berthing (leisure or commercial), we will request some or all of the following:
- Company (if applicable)
- Contact telephone number
- Email address
- Vessel details
- Home port (visitors)
We require your personal data as it is a contractual requirement. In this instance, we collect customer information in order to provide our service(s) to you, however, new customers will have the choice to opt in to marketing communications separately, either on the berthing application form (with granular options) or in person at the reception or harbour office.
Those who opt to pay for our service via Direct Debit can do so via GoGardless – please note we do not collect or process any financial data such as bank details.
If you choose to use our public Wi-Fi service, operated and managed by data processor, WiFiSPARK, you will be asked for the following details:
- Email address
- Country of residence
- Home port
We gather such information in order to inform ourselves and the wider marine tourism industry on the type of visitors we welcome to Tarbert, and where they come from. These details are reported and shared only on a statistical basis and the personal details (name and email address) will never be linked to these or shared with any third parties.
We also collect such information in order to tailor our special offers and marketing activities to specific demographics. However, we will only contact you with news, events and special offers if you have opted in to receive such marketing correspondence and you may change or opt out again at any time by using the “unsubscribe” or “manage my preferences” links at the bottom of such correspondence or alternatively, by contacting us directly by telephone or email (details above).
Our website is not intended for children and we do not knowingly collect data relating to children.
WHO WE SHARE YOUR PERSONAL DATA WITH
Your personal data will be treated as strictly confidential. We will not share your personal data with any person or organisation outside of Tarbert Harbour Authority unless such organisation is acting as a data processor or providing an external third party service to our own organisation.
For example, the following GDPR compliant organisations provide services to us, act as data processors and are based within the UK:
- WiFiSPARK provide the public Wi-Fi network.
- EPOSNow provide our chandlery and reception till system.
- GoCardless provide the platform for Direct Debits.
- Campaign Monitor provide our email marketing platform.
- Harbour Assist provide our harbour management software.
- ColCom provide IT and System administration services.
Additionally, we use professional advisors including lawyers, bankers, auditors and insurers based within the UK who provide consultancy, banking, legal, insurance and accounting services.
In the event that we sell or buy any business or assets, we may disclose your personal data to the prospective buyer or seller of such. We are also under obligation to disclose or share your personal data to comply with law enforcement and protect the rights, property or safety of Tarbert Habour Authority, including instances such as theft, fraud protection and border control.
We have put in place appropriate measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
We will only retain your personal data 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.
To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purpose for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
Details of retention periods for different aspects of your personal data are available in our retention policy which you can request from us by emailing: email@example.com.
YOUR LEGAL RIGHTS
Unless subject to an exemption under the data protection laws, you have the following rights with respect to your personal data:
- The right to request a copy of the personal data which we hold about you;
- The right to request that we correct any personal data if it is found to be inaccurate or out of date;
- The right to request your personal data is erased where it is no longer necessary to retain such data;
- The right to withdraw your consent to the processing at any time, where consent was the lawful basis for processing your data;
- The right to request that we provide you with your personal data and where possible, to transmit that data directly to another data controller, (known as the right to data portability), where applicable 9i.e. where our processing is based on consent or is necessary for the performance of our contract with you or where we process your data by automated means);
- The right, where there is a dispute in relation to the accuracy or processing of your personal data, to request a restriction is placed on further processing;
- The right to object to our processing of personal data, where applicable i.e. where processing is based on our legitimate interests (or in performance of a task in the public interest/exercise of official authority); direct marketing or processing for the purposes of scientific/historical research and statistics).
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable admin fee if your request is unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complicated or you have made a number of requests. In this case, we will notify you and keep you updated.
CHANGES TO THIS POLICY AND YOUR DUTY TO INFORM US OF CHANGES
We reserve the right to make updates and changes to this policy at any time and suggest that you check regularly for such changes.
Please keep us informed if your personal data changes during your relationship with us. It is important that the personal data we hold about you is accurate and current.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE
Terms of website use
Other applicable terms
- Our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of our site. When using our site, you must comply with this Acceptable Use Policy.
Information about us
[https://www.tarbertharbour.co.uk] is a site operated by Tarbert (Loch Fyne) Harbour Authority ("We"). We are a trust port established by an act of parliament in 1912, an independent statutory body governed by its own legislation and guided by government code of practice. We are a not-for-profit organisation recognised as a social enterprise. Our main trading address is: Harbour Office, Garval Road, Tarbert, Argyll, PA296TR. Our VAT number is: 263 98 22 31.
Changes to these terms
Please check this page from time to time to take notice of any changes we made, as they are binding on you.
Changes to our site
We may update our site from time to time and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.
We do not guarantee that our site, or any content on it, will be free from errors or omissions.
Accessing our site
Our site is made available free of charge.
We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to our site.
Our site is directed to people residing in the United Kingdom. We do not represent that content available on or through our site is appropriate or available in other locations. We may limit the availability of our site or any service or product described on our site to any person or geographic area at any time. If you choose to access our site from outside the United Kingdom, you do so at your own risk.
Your account and password
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us by emailing firstname.lastname@example.org.
Intellectual property rights
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
No reliance on information
The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.
Limitation of our liability
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.
We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, our site; or
- use of or reliance on any content displayed on our site.
If you are a business user, please note that in particular, we will not be liable for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
If you are a consumer user, please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.
We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
Uploading content to our site
Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out in our Acceptable Use Policy.
You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of the Site a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in the next paragraph (Rights you licence).
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site.
We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.
The views expressed by other users on our site do not represent our views or values.
You are solely responsible for securing and backing up your content.
Rights you licence
When you upload or post content to our site, you grant the following licenses:
- A worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that content in connection with the services provided by our site and across different media and to promote the site or services; and
- A worldwide, non-exclusive, royalty-free, transferable licence to allow third parties to use the content for their purposes.
We will only ever use your materials to carry out your instructions to us – unless, very exceptionally, a court or other regulator orders us to disclose them.
We do not guarantee that our site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programs and platform in order to access our site. You should use your own virus protection software.
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
Linking to our site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our site in any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
We reserve the right to withdraw linking permission without notice.
The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.
If you wish to make any use of content on our site other than that set out above, please contact email@example.com.
Third party links and resources in our site
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only.
We have no control over the contents of those sites or resources.
To contact us, please email firstname.lastname@example.org.
Thank you for visiting our site.
Acceptable Use Policy
This acceptable use policy sets out the terms between you and us under which you may access our website [https://www.tarbertharbour.co.uk] (our site).
This acceptable use policy applies to all users of, and visitors to, our site.
Your use of our site means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement our terms of website use.
[https://www.tarbertharbour.co.uk] is a site operated by Tarbert (Loch Fyne) Harbour Authority ("We”, “Our”, “Us"). We are a trust port established by an act of parliament in 1912, an independent statutory body governed by its own legislation and guided by government code of practice. We are a not-for-profit organisation recognised as a social enterprise. Our main trading address is: Harbour Office, Garval Road, Tarbert, Argyll, PA296TR. Our VAT number is: 263 98 22 31.
You may use our site only for lawful purposes. You may not use our site:
- In any way that breaches any applicable local, national or international law or regulation.
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
- For the purpose of harming or attempting to harm minors in any way.
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards (detailed on pages 2-3 of this document).
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
- To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
- Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our terms of website use [https://www.tarbertharbour.co.uk/termsofuse].
- Not to access without authority, interfere with, damage or disrupt:
- any part of our site;
- any equipment or network on which our site is stored;
- any software used in the provision of our site; or
- any equipment or network or software owned or used by any third party.
We may from time to time provide interactive services on our site, including, without limitation:
- Bulletin boards.
- Surveys or polls
Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
Our site is not intended for children. The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not fool-proof. Minors who are using any interactive service should be made aware of the potential risks to them.
Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
These content standards apply to any and all material which you contribute to our site (contributions), and to any interactive services associated with it.
You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.
- Be accurate (where they state facts).
- Be genuinely held (where they state opinions).
- Comply with applicable law in the UK and in any country from which they are posted.
Contributions must not:
- Contain any material which is defamatory of any person.
- Contain any material which is obscene, offensive, hateful or inflammatory.
- Promote sexually explicit material.
- Promote violence.
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any copyright, database right or trade mark of any other person.
- Be likely to deceive any person.
- Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
- Promote any illegal activity.
- Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
- Be likely to harass, upset, embarrass, alarm or annoy any other person.
- Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
- Give the impression that they emanate from us, if this is not the case.
- Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
Suspension and termination
We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate.
- Immediate, temporary or permanent withdrawal of your right to use our site.
- Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
- Issue of a warning to you.
- Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
- Further legal action against you.
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
Changes to the acceptable use policy
We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site.
A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer's hard drive.
Categories of cookies:
- Strictly necessary cookies. These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website, use a shopping cart or make use of e-billing services.
- Analytical/performance cookies. They allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.
- Functionality cookies. These are used to recognise you when you return to our website. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
- Targeting cookies. These cookies record your visit to our website, the pages you have visited and the links you have followed. We will use this information to make our website and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.
You block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our site.