CMY Folio Client Portfolio (Access Conditions for CMY Folio for Vessel Availability via the Application)

To be a central agency or a broker recognized by the commercial court.

To be the Shipowner (Manager) of the vessel (Risk Prevention Unit device, ISM code) with certification and stamp approved by a licensed and qualified Captain.

To be the shipowner or owner of a vessel meeting all maritime compliance standards for vessel operation.

Unlicensed DSN management is prohibited.

The CMY Folio is a free access platform offering only the proposed connection between the carrier and the client.

Capitaine Management Yacht company designs but does not sell travel services that it does not produce itself. Therefore, the company is not subject to Article L.211-1 of the Tourism Code.

Since the last update of the application dated 4/10/2023, Capitaine et Management Yacht company undertakes not to display logos on brochures or photos of vessels belonging to competing companies, associations, or computerized systems on its website and Click&Yacht mobile application for Yacht Rental.

All vessels listed in the CMY Folio are either registered through the mobile application or website installation request, or through a written agreement sent by email to pierrecharles@capitainemanagementyacht.com, and they can be withdrawn at any time.

The vessel withdrawal link on the CMY Folio: https://www.capitainemanagementyacht.com/retraitcmyfolio

This clearly states that vessel withdrawal from the CMY Folio is allowed in accordance with the confidentiality agreement. All vessels can be withdrawn with the authorization of the company president at the central agency, the broker with whom agreements are concluded via email, the shipowner's representative (the captain), or directly by the shipowner or vessel owner.

The written agreement attested by email is the PDF document of the email copy for agreements made when making the vessel available on the application and website, drawn up for the broker, central agency, captain, shipowner, or vessel owner.

Email agreements are confidential and may be requested either by management (the company president) or by the relevant broker with whom we have written email correspondence.

Once the complete and confirmed file is verified, the vessel will be automatically withdrawn within 24 to 48 hours.

Commissioning Conditions (Everything You Need to Know About CMY's Commissioning Policy)

In the CMY application, the crown symbol (👑) represents the percentage excluding tax reserved in commission for the business introducer, whether it be an individual, a broker, a central agency, a concierge, or a captain, when the vessel rental is done on commission basis:

Commissioning conditions for Click&Yacht rental and booking service OUTSIDE CENTRAL AGENCY (CMY) are as follows:

For vessels outside central agency (CMY) and distributors using the application (brokers): the commission is 5% of the rental price of the vessel excluding taxes (ET). This commission is paid once the client has made the payment and booked their rental. A charter contract is valid to confirm the reservation.

For the central agency: the commission is also 5% of the rental price of the vessel ET. It is paid in the same manner, once the client has paid and booked their rental.

For business introducers (hotel concierges or merchants) or individuals: the commission is 5% of the rental price of the vessel (ET). This commission is also paid once the client has paid and booked their rental.

To receive a commission, you must send the following documents:

Bank Account Identity Statement (RIB) of the company or individual.

An identification document.

by email to pierrecharles@capitainemanagementyacht.com, stating the name, first name, and contact details of the client wishing to rent the vessel.

Commission payments are made by direct bank transfer to the account specified in the RIB, with a receipt provided to the bank to confirm the payment.

These conditions apply once the cruise is completed and payment is received, in accordance with the charter contract.

For each vessel successfully securing a rental through the "Click&Yacht - Yacht Rental" application, CMY company automatically receives a commission of 5% of the rental price excluding taxes (ET).

Any booking attempt is systematically signed by the application user, after agreeing to the privacy policy of the CMY Click&Yacht application and website, so that the 5% commission is paid to the Capitaine et Management Yacht company.

All central agencies registered in the CMY application are required, upon receipt of client payment, to inform the Capitaine et Management Yacht company via email at pierrecharles@capitainemanagementyacht.com, and to pay a 5% commission to the Capitaine et Management Yacht company.

In order to clearly specify the commissions to date in the yachting industry as of 07/12/23, the total commission is 20%. The CMY Control AI automated booking platform automatically receives a 5% commission for all vessels outside the central agency of our management company and provides access to a single intermediary between the central agency and the booking platform with a 5% commission, which represents for any central agency listing their vessel a commission always higher between 10 and 15 percent. Commissions are always calculated based on the vessel rental price excluding taxes.

Commissioning conditions for Click&Yacht rental and booking service WITHIN CENTRAL AGENCY (CMY) are as follows:

For vessels within central agency (CMY) and distributors using the application (brokers): the commission is 10% of the rental price of the vessel excluding taxes (ET). This commission is paid once the client has made the payment and booked their rental. A charter contract is valid to confirm the reservation.

For the central agency: the commission is also 10% of the rental price of the vessel ET. It is paid in the same manner, once the client has paid and booked their rental.

For business introducers (hotel concierges or merchants) or individuals: the commission is 15% of the rental price of the vessel (ET). This commission is also paid once the client has paid and booked their rental.

To receive a commission, you must send the following documents: Bank Account Identity Statement (RIB) of the company or individual, as well as an identification document, by email to pierrecharles@capitainemanagementyacht.com, stating the name, first name, and contact details of the client wishing to rent the vessel.

Commission payments are made by direct bank transfer to the account specified in the RIB, with a receipt provided to the bank to confirm the payment.

These conditions apply once the cruise is completed and payment is received, in accordance with the charter contract.

For each vessel successfully securing a rental through the "Click&Yacht - Yacht Rental" application, CMY company automatically receives a commission of 5% of the rental price excluding taxes (ET).

Any booking attempt is systematically signed by the application user, after agreeing to the privacy policy of the CMY Click&Yacht application and website, so that the 5% commission is paid to the Capitaine et Management Yacht company.

Digitized Charter Declaration and Transport Contract Dedicated to Small and Large Pleasure Vessel (User Manual for Declaring Your Charter and Obtaining a Digitized Transport Contract)

Access your 'CMY Control' panel.

Complete the information and upload the required documents for a vessel in commercial use (for rent). Please make sure to send the correct documents.

[In case of error or attempted fraud, the request will be automatically canceled].

[If you do not have a transportation contract, the Capitaine et Management Yacht team is at your service. For any central agency requests, please refer to the following link].

Click on 'Proceed to order'.

Your file will now be secured, and you will receive, once your file is reviewed (within 6 hours), your digitized transportation contract via email.

Your digitized transportation contract will allow French and European Customs agents to identify your transport in a database using a secure QR code.

General Terms and Conditions of the Application (The entirety of the application's general terms and conditions)

The application has been available for demonstration (beta) since 01/05/23, with an official opening scheduled for 01/11/23. [The beta demonstration allows fine-tuning of the application's operation in the nuances of computer coding and does not entail any penalties pending the official version on 01/11/23.]

The privacy policy of the CMY website and mobile application describes the information collected, how it is used and protected, as well as the choices available to users regarding the use of their personal information. This policy applies to information collected via the CMY website, the mobile application, and all other related services provided by CMY. By using the CMY website or mobile application, users agree to the collection, use, and disclosure of their information as described in this policy. If changes are made to this policy, CMY will publish the updated policy on its website and mobile application.

Access to the site is open to anyone required to interact with information systems operated by the company Capitaine et Management Yacht. It requires prior registration of the user, which can be done directly and autonomously by the user.

During user registration, they are asked to provide their identification data (first name, last name, gender, and optionally postal address and phone numbers), as well as a valid email address and a personal password.

The password must be chosen so that it cannot be guessed by a third party and follows applicable security rules.

The account is strictly personal and cannot be lent to a third party. The account holder must securely store their username and password. This password must not be communicated to any third party. This password is encrypted in the settings and cannot be retrieved upon request. The email address is used to confirm certain actions on the site (creation, modification, deletion).

For "external users": in case of forgotten password, the site allows a new one to be indicated through an exchange procedure on the email address.

For "agent users": they must contact the service.

Once registered, the user has a unique account allowing access to the applications for which they are authorized within the limits of the rights assigned to them by an administrator.

The use of Capitaine et Management Yacht and the applications implies acceptance and compliance with all these terms of use. If the user does not agree to all or part of these terms of use, they must refrain from using the service.

When the user accesses the applications posted online, they are also subject to the specific terms of use of each application used.

The president of the SASU reserves the right to evolve, modify, or suspend the site without notice, for maintenance reasons or for any other reason deemed necessary.

Capitaine et Management Yacht endeavors to make the site available 7 days a week, 24 hours a day, except during maintenance periods. However, its possible unavailability does not entitle to any compensation. A page of information is then displayed to the user mentioning this unavailability.

The terms of these terms of use may be amended. It is up to the user to inform themselves of the terms of use of the application in force.

The president of the company undertakes to take all necessary measures to guarantee the protection and confidentiality of the information entrusted to them by the user. The processing is implemented under the responsibility of the president of the company. The data is collected for this processing in accordance with the State Information Systems Security Policy (PSSIE), and in compliance with the applicable regulations on the protection of personal data.

The nature of the operations carried out on the data, under the conditions described here, is: collection, recording, storage, deletion.

The personal data processed are: first name, last name, email address, postal address, and phone numbers.

The purposes are:

User authentication

Management of user rights on web applications

These data are processed mainly by the president of the company and specially authorized for account management. They are also visible and processed, if necessary, by the only applications to which the user connects.

The site undertakes that the processing of personal data for which it is responsible is implemented in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (hereinafter, "General Data Protection Regulation" or GDPR) and Law No. 78-17 of January 6, 1978, as amended, relating to data processing, files and freedoms.

As such, it processes the personal data collected in the context of processing for which the president of the company is responsible only for the predefined purpose(s) and to guarantee the confidentiality of personal data.

Thus, the data from the account that are processed are kept

After deletion of the account, and for a period of 12 months following this deletion, only the information allowing to respond to any disputes and the statistical needs of the service will be kept, information which will then be kept in accordance with the regulations in force.

In addition, the persons concerned by the processing, in accordance with the legislation in force, may exercise their rights with the data controller. These rights are as follows:

Right of access to data

Right to information and verification

Right of rectification

Right to erasure

Right to object, if applicable

For any information or exercise of their rights, the user can contact:

1 - The data controller, who can be contacted at the following address: pierrecharles@capitainemanagementyacht.com

Any person whose personal data is processed has, if applicable, the possibility to file a complaint with the National Commission for Informatics and Liberties (CNIL):

Address: 3 Place de Fontenoy - TSA 80715 - 75334 PARIS CEDEX 07.

In case of destruction, loss, alteration, unauthorized disclosure of personal data transmitted, stored, or processed in any other way, or unauthorized access to such data, whether accidental or unlawful, likely to result in a high risk to the rights and freedoms of the user, the president of the company will inform the individuals concerned of the facts and the measures taken, as soon as possible.

The president of the company will also ensure that the necessary steps are taken to notify the CNIL of the violation in question within 72 hours of becoming aware of it, unless the violation poses a high risk to the rights and freedoms of users.

The president of the company undertakes to take all necessary precautions to preserve the protection of the information you have recorded on the site and to prevent it from being distorted, damaged, or accessed by unauthorized third parties.

The president of the company undertakes not to commercialize the information and documents you have provided on the site and the application, and not to disclose them to third parties, except as provided by law.

The user undertakes to provide only accurate, up-to-date, and complete information. In the event that they do not fulfill this commitment, the president of the company reserves the right to suspend or delete their account in the settings, without prejudice to any criminal and civil liability actions that may be taken against them.

This site is the exclusive property of the president of the company. Any total or partial reproduction or representation of this site by any means whatsoever, without the express authorization of its owner, is prohibited and constitutes an infringement punishable by articles L. 335-2 of the Intellectual Property Code.

The use of registered trademarks used on this site on any other medium or network is prohibited.

Protection of personal data:

Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (GDPR). Law No. 78-17 of January 6, 1978, as amended, relating to data processing, files, and freedoms.

Internal regulations of the user of the "CMY Control" application:

One application per captain, one ship per captain. The declaration of a charter and the request for a digitized transport contract are the responsibility of the ship's captain; it can be entrusted to their second or officers.

Any attempt at fraud or identity theft on the charter declaration or the request for a digitized transport contract will be automatically rejected without any response. In case of a problem, please contact the telephone switchboard at 0951142874.

The condition of the ship is the sole responsibility of the captain. Under no circumstances is the company "Capitaine et Management Yacht" responsible for the condition of the ship before, during, and after the rental period.

The application is reserved for individuals aged 17 and over.

CMY Account Deletion (How to delete your CMY account)

Account Deletion for CMY:

We understand your desire to delete your CMY account. To proceed with this deletion, please follow the steps below:

1. Open your email inbox and create a new email.

2. In the email subject line, please write "Account Deletion Request."

3. In the body of the email, clearly state your request to delete your CMY account.

4. Send this email to the following address: pierrecharles@capitainemanagementyacht.com.

5. Await confirmation of the deletion of your CMY account.

Please note that the email address provided is specific to CMY account deletion requests. Ensure you send your request to the correct address to ensure prompt processing of your request.

In case of a problem (Contact us)

The phone service is available at the number: +33951142874.

Email: pierrecharles@capitainemanagementyacht.com

The digitized transportation contract is protected by the Intellectual Property Code.

"SASU Capitaine et Management Yacht" is registered under the patent number.

Intellectual Property Code: Articles L111-1 to L343-7.

Any infringement in France of works published in France or abroad is punishable by three years' imprisonment and a fine of 300,000 euros. The same penalties apply to the sale, export, import, transshipment, or possession for the purpose of distributing counterfeit works.

The only company authorized to distribute digitized transportation contracts for small and large pleasure craft is the company "Capitaine et Management Yacht".

With whom do we share your Personal Data (The collection of personal data)

Your Personal Data will be shared within Capitaine et Management Yacht to meet operational, legal, and security requirements. They will also be shared within Capitaine et Management Yacht to manage our relationship with you, including our market analysis and marketing activities.

We also share your Personal Data, including passport information, with public authorities to meet operational and legal requirements. For example, your Registration and Boarding Data will be shared with border police services and immigration services to meet immigration requirements in the countries we sail to, as well as with the relevant Passenger Information Units (PIUs) (agencies designated by EU governments to receive passenger information for law enforcement purposes) according to your travel itinerary, and other competent authorities.

We share some of your Personal Data with our third-party providers who work on our behalf to fulfill your trip. We also work with many trusted partners to offer you additional travel products and services for your trip (such as insurance, car rentals, port access).

At Capitaine et Management Yacht, we carefully select our travel suppliers and partners, and we require their compliance with the highest security standards for protecting your Personal Data.

Learn more about the third parties with whom we may share your Personal Data:

Our Service Providers

We share your Personal Data with companies that assist us in performing key customer service functions (customer service and support), our computer systems, our shop, and our help center in case of disruptions. We do this to execute your bookings and manage our operations.

Ports and Port Service Providers

In all our destinations, we subcontract with ports and port service providers to provide necessary services such as baggage handling, check-in, and Special Assistance.

Local Partners (Destination Management Companies) and accommodation providers

As part of trips with Capitaine et Management Yacht, we may partner with accommodation providers and local partners to ensure on-site support during your vacation.

Government Agencies

We share all required information with government agencies when necessary to ensure your arrival at your destination or as required by law.

For example, for certain travel itineraries, the law requires us to provide border control services and Passenger Information Units with information regarding your Travel Documents and travel itinerary.

In certain circumstances, we may be required to disclose some of your Personal Data to the Maritime Affairs Authority or other national civil aviation authorities to ensure compliance and enforcement of applicable legal obligations in maritime navigation, pleasure carrier certification, or other regulatory purposes.

In addition to the categories of parties listed above, we may be required to disclose your Personal Data when required by applicable law in any jurisdiction to which Capitaine et Management Yacht may be subject.

Travel Agents and Intermediaries

When booking a trip with Capitaine et Management Yacht through a travel intermediary (such as a travel agent/travel company), they will be responsible for managing your reservation with Capitaine et Management Yacht. However, we may share reservation information with the travel intermediary to facilitate your booking.

The terms and conditions and privacy policy of this travel intermediary will apply to your reservation and will provide additional information about the nature of the transfer of your Personal Data to Capitaine et Management Yacht.

Credit and Debit Card Companies

Capitaine et Management Yacht shares some of your Personal Data, such as information about your payment method, your travel booking, and in some cases passenger names, with the credit or debit card company used to make your reservation.

Fraud Prevention Agencies

To ensure the security of your transactions and to prevent or detect fraudulent transactions, we may also share your information with our fraud prevention partners.

Travel Partners

Capitaine et Management Yacht works with many partners to provide you with additional services that may be of interest to you during your trip with us. This includes the following services:

Transfer and taxi services

Boat rentals

Travel insurance

Accommodations

Parking

Port lounges

Rail services

Sea excursions

When you search for or purchase a product or service from our partners, we share some of your Personal Data with them to facilitate the purchase of their products and/or services and to calculate commissions.

The terms and conditions and privacy policy of this partner will apply to your purchase and will provide additional information about the nature of the transfer of your Personal Data to Capitaine et Management Yacht.

International Transfers

Most of Capitaine et Management Yacht's client Personal Data is collected and processed by Capitaine et Management Yacht in its offices located in France, where the company's headquarters are located, or in the European Union where we conduct our operations.

However, some of our providers may be located outside of the United Kingdom or the European Economic Area (EEA being the European Union and Iceland, Liechtenstein, and Norway), and may have access to your Personal Data to ensure the operation of Capitaine et Management Yacht's activities.

When we transfer your Personal Data outside of the United Kingdom or the EEA, we require the implementation of appropriate safeguards, in accordance with applicable Data Protection laws:

- An adequacy decision from the UK Department for Culture, Media and Sport and/or the European Commission recognizing that the recipient country of the transfer of our clients' data provides an adequate level of data protection; or

- In the absence of such a decision, our contracts with our suppliers include the Standard Contractual Clauses approved by the European Commission and the International Data Transfer Agreement (IDTA) in force in the UK.

Intuitive Update for User Convenience (The latest updates since the creation of the application)

Since the application update as of 07/10/2023, Capitaine et Management Yacht company provides a geolocation system to position the vessel, in order to enhance the approach of users interested in renting the yacht.

Since the application update as of 07/10/2023, the 'CMY Folio' section is accessible only to brokers, captains, managers, and shipowners who have subscribed to an agreement via email with Capitaine et Management Yacht company in accordance with Article 1366 of the Civil Code providing good evidence.

New patch of Click & Yacht Yacht Rental available since 08/03/2024 on iOS 1.9 and Android 2.5 mobile application.

Discover the new features of the application for the year 2024:

- Implementation of a Geoalert notification system connected to Nice and Marseille airports, thus facilitating bookings and rental requests for tourists arriving in France, directly via phone.

- Opening of a Google Business branch allowing the application download in the following ports: Nice, Saint-Tropez, Cannes, Monaco, for complete Mediterranean coverage.

- Unveiling of the official logo specially designed for the application (see attached photo).

- Adaptation of the transportation contract to English flags following Brexit.

- Significant improvement of the AI ChatBOT.

- Correction of language bugs for an optimal user experience.

- Provision of the official maritime transportation contract dedicated to pleasure boating in Europe by subscription for yacht brokers and central rental agencies.

- Removal of the CMY Yacht Club.

Updates are indicated at the bottom of the application page to inform each user.

Online Payments (Learn more about online payments)

Online payments with ship managers are exclusively made with the ship managers. Capitaine et Management Yacht company disclaims any responsibility regarding the direct receipt of payments and bears no liability concerning the client and the ship manager. Any ship rental manager (central agency) using the Click&Yacht application undertakes to respect the agreements signed with their shipowner, in order to ensure the proper receipt of the client's payment into the company's escrow account for which they work, as well as compliance with taxes and services provided to their client. The only vessels authorized to receive payments directly from the client are those covered by a central agency management contract signed with the shipowner and Capitaine et Management Yacht company. Any client likely to book a vessel rental and proceed with payment must ensure to seek the assistance of a lawyer if necessary to make the payment securely. They will be informed directly via email to avoid any confusion regarding payments in accordance with this privacy policy. All captains with their vessel on the application must ensure to carefully verify the identity of individuals boarding to avoid any imposture. The company ensures that all brokers or central agencies are properly listed in the commercial court and recognized as such in the nature of their commercial agent function and in protecting users for matchmaking and reserves the right to refuse vessel provision in case of doubt or fraudulent suspension.

Online payments for management subscriptions are subject to a French VAT of 20%.

Privacy Policy for the Location-Based Application (Effective Date: 08/27/2024)

1. Introduction

We at Capitaine et Management Yacht respect our users' privacy and are committed to protecting the personal information you share with us. This privacy policy explains how we collect, use, and protect location data when you use our application.

2. Collection of Location Data

Our application uses your device's location services to enhance your user experience. We only collect location data with your explicit consent. You have full control over enabling or disabling location services.

Types of Data Collected:

Real-time location data when you use certain features of the application.
General location information when the app is active in the background (if applicable).

3. Use of Location Data

The collected location data is used to:

Provide specific features based on your location.
Improve the relevance of the content offered in the application.
Optimize the performance and efficiency of the application based on your location.

Example of Use:

Recommend points of interest near your current location.
Provide information or services specific to your region.

4. Consent and Location Management

When you first use the application, you will be prompted to give your consent for the collection of your location data. You have the right to refuse or accept this request.

Changing Consent: You can, at any time:

Enable or disable location services through your device's settings.
Modify your location preferences directly within the app under [settings management section].

5. Sharing of Location Data

We do not share your location data with third parties without your prior consent, except as required by law or necessary to provide the requested services.

Sharing with Third Parties:

Service Providers: We may share anonymized data with trusted partners to improve our service.
Legal Obligations: We may disclose your information if required by law, court order, or any other legal process.

6. Data Security

We take reasonable measures to protect the location data we collect. This includes using encryption technologies and secure storage. However, no method of transmission over the Internet or electronic storage is completely secure. Therefore, we cannot guarantee absolute security.

7. Your Rights

You have the right to:

Access the location data we have collected.
Request the deletion of your location data.
Withdraw your consent at any time.

To exercise these rights, please contact us at pierrecharles@capitainemanagementyacht.com.

8. Changes to This Privacy Policy

We may update this privacy policy from time to time. Any changes will be posted on this page with an updated effective date. We encourage you to review this page regularly to stay informed about any changes.

9. Contact Us

If you have any questions or concerns about this privacy policy, please contact us at pierrecharles@capitainemanagementyacht.com.

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