Privacy Notice

Marc-Henry Cruise Holdings LTD Privacy Notice

Marc-Henry Cruise Holdings LTD (“MHCH”, “we”, “us” or “our”) as the joint owner/operator of Four Seasons Yachts takes the issue of safeguarding your privacy seriously. Our Privacy Notice describes what personal information we collect from or receive about you and the ways in which MHCH uses that information.

MHCH collects and handles the personal information of the following categories of individuals:

Yacht guests and patrons as well as participants in voyages and experiences on a Four Seasons Yacht (collectively referred to as “Guests”);
Travel advisors and Guests’ delegates;
Travel agents and preferred partners; and
Visitors to websites for Four Seasons Yachts (that post, refer or are otherwise subject to this Privacy Notice). Such websites are collectively referred to as our “Sites”.

MHCH has entered into license agreements with an affiliate of Four Seasons Hotels Limited (along with its affiliates, “Four Seasons”) in connection with the operation of Four Seasons Yachts. To understand how Four Seasons may use and disclose your personal information, please see Four Seasons’ Privacy Notice.

What personal information do we collect?
Personal information is any information that may identify or relate to you as an identifiable individual. We use personal information to facilitate your voyage and our other services, to fulfill your requests, process transactions and contact you; to send you personalized advertising and promotional content and materials; to analyze and improve our services and our business; and for other reasons described more fully in our Privacy Notice below. The personal information that we collect or receive about you could include the following categories of information:

Identity information – such as name, age, gender, passport information or data from other government-issued identity cards;
Contact information – such as your home address, zip/postal code, email address and phone number;
Images – such as closed circuit television (“CCTV”) images, publicly available photographs and images captured at events or during your voyage;
Financial and payment information – such as your credit card details, itemized spending, billing address, and transaction history;
Reservation information – such as the type and location of the rooms you reserve, restaurant and spa treatment reservations, experiences you book, other Guests associated with your reservations, and the dates of your reservations;
Health information – where provided to us and relevant to the provision of services including dietary preferences;
Preference information – including but not limited to preferred pillow type and mattress firmness, special accommodations and requests, interests, and data related to past service issues;
Voyage and stay history – details of your past voyages, purchases made on your voyage, and limited information on your stay and purchase history with Four Seasons;
Public information – such as when we review public platforms to understand more about you, or what you are saying about us or the hospitality industry;
Technical information – such as information about the device you use to interact with us (including the hardware model, IP address, geolocation data, operating system and version); and
Correspondence information – when you contact us, such as to send an inquiry or make a request, any correspondence or application may be kept, and information derived from such correspondence may be added to your personal information.

During your voyage with us, we may collect the following information for the specific purposes outlined below:

Amenities and Add-On Services – If you choose to take advantage of our amenities or enhance your voyage with on-board purchases of goods or services, we collect your personal identifiers, customer records, and commercial information. We use this information to process your transaction, book and administer your services, to communicate with you and those travelling with you about your services, and to inform our advertising and marketing activities. Depending on the Service, we may also need to collect information about your health or medical conditions in order to accommodate your specific needs and to administer your services on a voyage. Where the services are provided by third-party companies, we will use your information to coordinate and facilitate their provision of the Service.
Incidents and Health Screenings – If, while traveling with us, you suffer a personal injury, fall ill, submit a claim about a personal injury, or are otherwise involved in an incident, we collect your personal identifiers, health or medical information and details about the incident. We may also engage a third party service provider to screen you for symptoms of potential contagions, such as COVID-19, that may present a risk to the other Guests and crew members aboard our ships, including through temperature checks and self-assessment questionnaires. We use this information to attend to your medical and safety needs and those of our Guests and crew, maintain records of incidents, facilitate investigations and remedies, to protect our rights and the rights of our Guests, for security and public health purposes, to prevent fraud, and to improve our services.
Photo and Video Footage – We collect a security photo at or before you board our ships. We operate CCTV cameras on board our ships, including at all access points and throughout the public areas. These CCTV cameras record continually and images of you may be captured in these recordings ("CCTV images"). Photographers and camera crews take photographs and make films for Guests to purchase at the end of their voyage or for our own promotional use. We use this information for our own promotional purposes, to maintain records of incidents, facilitate investigations and remedies, to protect our rights and the rights of our Guests, for security purposes, , to prevent fraud, and to improve our services. We may apply facial recognition technology to your security photo to facilitate camera-enabled rapid embarkation, debarkation, at entry and exit of the vessel at ports of call. We may also use facial recognition to link the pictures and videos taken by onboard photographers or videographers to you for ease of ordering and to reduce paper waste. If applicable law requires it, we will seek your prior consent to the collection of facial biometric identifiers. We delete facial biometric identifiers promptly following completion of the voyage though we may retain any photos that have been identified and linked to a Guest account for up to two (2) years to enable Guest access and purchase of photos and photo memorabilia after the end of the voyage.

How do we use your personal information?
For each of the categories of personal information described above, we use your personal information for the following purposes:

if you create an account on a Site, or become a Guest and we create an internal profile about you or receive certain profile information about you from Four Seasons, to remember your information and preferences to personalize your experience and provide customer service;
to help us recognize or identify you and any online accounts or internal profiles related to you, for instance as a visitor to our Sites, or as a Guest;
to enable you to use our Sites;
to assist us in making reservations for you and providing the services you request at any of our ships;
to process transactions through our Sites (including taking payment for purchases you may make) and to assist in any inquiries about your transaction;
for billing purposes in relation to your voyage with us;
to confirm prior transactions and reconcile statements or invoices;
to consolidate your accounts;
to contact you in relation to matters regarding your voyage with us;
to send you newsletters or marketing communications regarding our voyages and ships and to advise you of promotions or to inform you of offers or other information that may be of interest to you related to Four Seasons Yachts and Four Seasons (if, where required by law, you separately provide your consent for us to do so);
to personalize and enhance your online or in-person Guest experience;
to conduct surveys or focus groups to obtain your views regarding our voyages and ships and for service delivery (if, where required by law, you separately provide your consent for us to do so);
to respond to specific requests for information from you about one or more of our voyages and/or ships and handle any other inquiries, correspondence, concerns or complaints you have raised;
for marketing, advertising and promotional purposes, such as through one of our online promotions or on third party social networks, consistent with your preferences and applicable law;
to analyze customer trends and insights;
to operate our business, including for internal purposes such as auditing, data analysis, statistical and research purposes, and troubleshooting to help us improve our services;
for other purposes disclosed at the time you provide your personal information or as otherwise set forth in this Privacy Notice; and
for the establishment, exercise, or defense of legal claims or proceedings.

We will combine information from a number of our Guests as well as visitors to our Sites to better understand trends and your expectations. When this occurs, all identifiers are removed and the aggregated information cannot be linked to any specific individual or household and is therefore no longer personal information.

On what bases do we use your personal information?
We use your personal information on the following bases:

to enter into agreements with you – we use your personal information to perform our agreement to provide services to you when you participate in a voyage or otherwise engage with us, or to take steps at your request prior to entering into such an agreement;
for legitimate business purposes – using your personal information helps us to operate and improve our business and minimize any disruption to the services that we may offer to you. This could include: fraud detection and prevention; defense or establishment of legal claims; enhancement of our, our employees and third parties’ (such as Guests) security (including cybersecurity, including improving the security of our network and information systems); general business operations and diligence (for example, to develop and maintain relationships with vendors, partners and other organizations and dealing with individuals who work for them); and providing our products and services to you. We may also use your personal information to make our communications with you more relevant and personalized, and to make your experience of our services more efficient and effective;
because you have given your consent – at times we may ask for your consent to allow us to use your personal information for one or more purposes, such as to send you marketing communications; and
to comply with legal and regulatory obligations – such uses of your personal information may include financial reporting requirements imposed by government regulators or our auditors.

How and from what sources do we collect personal information?
For each of the categories of personal information and purposes described above, we gather information when you provide it to us directly, or otherwise interact with us, for example:

when you create an account or sign in to access your account;
when you comment on or interact with our digital posts or ads on social media platforms or other partnering websites such as Google or LinkedIn;
when you make a reservation or inquiry online, through the Four Seasons mobile App, or by calling us directly; and
during your experience as a Guest.

We also collect your personal information while monitoring our technology tools and services, including email communications sent to and from MHCH and the use of the chat functionality on our Sites.

We may also receive information about you from other sources. We may receive personal information about you from other users or our business partners and service providers and combine this information with other information we have.

Four Seasons, Delegates and Other Travelers. We may obtain information about you from Four Seasons, your delegate(s) and/or other travelers who are traveling with you or who have traveled with you, as well as your emergency contacts. We use this information to book your travel itinerary, communicate with you and those traveling with you about the services, to support public health initiatives, to administer the services, and for the purpose for which it was provided to us.

Travel Agents. If you purchase travel through a travel agent, the agent may send us your personal identifiers, commercial information and information about health or medical conditions. We will use this information to complete the transaction, book your travel itinerary, communicate with you and those traveling with you about the services, analyze trends, improve our business, and facilitate your experience. They may retain a copy of this data. The travel agent is solely responsible for the processing of personal data they retain. Please review the privacy notice of each applicable travel agent for more information about their processing practices.

We may obtain information about you that is made publicly available on the internet. For example, we may collect information you publicly post or tag us in on social media sites, such as Facebook or Google, elsewhere online, and information contained in public records databases. We may also combine information that we have about you from various sources, including the information that you have provided to us. We will use this information to verify your identity, prevent fraud, and improve our services.

How do we use cookies and other similar technologies?
We collect information automatically from you through the use of cookies, pixel tags, scripts and other similar technologies when you visit our Sites or read our emails. We may use third party partners or technology to collect this information. For example, we use these third party tools to collect information you provide as well as information about how you use our Sites and your experience on our Sites, such as the pages you visit or links you click on our Sites, videos you watch, mouse clicks and movements and other browsing behavior, and whether you use multiple devices to access our Sites. These tools may also record information you enter when you interact with our Sites or engage in a chat using our Sites. We and our third party partners also collect information about the device you use to visit our Sites, such as the IP address, device type, operating system, and a unique ID that allows us to uniquely identify a browser , and other similar information. If permitted by your device settings, we and our third party providers may collect location data through Wi-Fi or other methods. We collect analytics data, or use third party analytics tools, to help measure traffic and usage trends and to understand more about the demographics and behaviors of our users. Information collected automatically through these tools may be combined with other personal information we collect from you or receive from other sources.

We, or our third party partners, may use the data collected through cookies and similar technologies to remember information about you for the following purposes: so that you will not have to re-enter it on our Sites; to provide custom, personalized content and information; to identify and contact you across multiple devices; to provide and monitor the effectiveness of our Sites; generate analytics; to diagnose or fix technology problems; to detect or prevent fraud or other harmful activities; to personalize and enhance your experience and to improve the effectiveness of our Sites, offers, advertising, communications and customer service, and otherwise to plan for, optimize and enhance our online services.

Some web browsers incorporate a “Do Not Track” (“DNT”) or similar feature that signals to websites that a user does not want to have the user’s online activity and behavior tracked. If a website that responds to a particular DNT signal receives the DNT signal, the browser can block that website from collecting certain information about that browser’s user. Not all browsers offer a DNT option and DNT signals are not yet uniform. For this reason, many website operations, including the Site, do not respond to DNT signals. However, where required by applicable law, we will recognize and honor opt-out preference signals (or global privacy controls).

We may also use third party advertising companies to serve advertisements regarding Four Seasons Yachts and Four Seasons that may interest you after you access and use our Sites. To serve such advertisements, these companies may place or recognize a unique cookie on your browser (including through the use of pixel tags, scripts or similar technology). For more information about our and our third party partners’ use of cookies and related technologies to collect information automatically, please see our Cookie Notice.

How do we protect personal information?
We use a variety of physical, technical and organizational security measures and technologies to help preserve the integrity and security of your personal information, consistent with applicable data protection and privacy laws. Such measures include, but are not limited to, adopting monitoring and governance policies and processes, technical and physical access controls, use of encryption technologies, employee training, and the regular audit and maintenance of our systems.

We endeavor to protect the privacy of your online account and internal profile as well as other personal information that we hold in our records, but unfortunately, we cannot guarantee complete security. Unauthorized access or use, hardware or software failure, and other factors may compromise the security of user information. Also, while we endeavor to put adequate contractual protections in place, we cannot guarantee the security of any personal information in databases hosted by third parties.

It is important to note that any email communication is not secure. This is a risk inherent in the use of email. Please be aware of this when requesting information or sending forms to us by email.

Will personal information be provided to third parties?
For each of the categories of personal information described above, we may share certain of your personal information with:

Affiliates. We may share personal information with our other affiliated companies, who may use your personal information in the manner described in this Privacy Notice.
Four Seasons. We will share personal information with Four Seasons, including preference, booking and voyage information.
Promotional Partners. We may share limited personal information with third parties with whom we partner to provide promotions, excursions, activities, contests, and sweepstakes, or other promotional activities related to Four Seasons Yachts voyages or ships, or Four Seasons. The partner will usually be identified by name in our promotion, contest, or sweepstakes communication.
Travel and Excursion Partners. Some onboard products and services, excursions and other activities are provided by other companies or you may book travel through multiple operators, such as a travel agent. We may share personal identifiers and similar information before, during and after your voyage to facilitate your travel activities, provide your requested services, and provide a seamless service to our Guests.
Employers. We may share limited personal information with a Guest’s employer who conducts employer group bookings for one of our voyages on our ships for a company trip. We may share personal identifiers and similar information before, during and after your voyage.

We will also share information with the following parties:

agents, contractors or other third party service providers of MHCH who provide services to MHCH or its affiliates in connection with Four Seasons Yachts on our behalf, including as needed to better serve your needs as a Guest, or visitor to our Sites;
a prospective buyer, investor or other third party in the event that we are involved with a corporate business transaction, such as a merger, acquisition, joint venture, or financing or sale of any business or assets or similar business transaction;
our professional advisors and auditors;
local or foreign regulators, governments, courts, health and safety authorities, law enforcement and relevant security authorities; and
others with your consent or at your direction.

We may also disclose certain types of personal information with third parties for the purpose of supporting our advertising and analytics efforts, including as described in the section titled “How do we use cookies and other similar technologies?” (see our Cookie Notice to learn more).

Where a third party engaged by MHCH or our affiliates processes personal information on our behalf, MHCH takes steps to contractually require those parties to protect your personal information in a manner consistent with the principles articulated in this Privacy Notice.

If we suspect any unlawful activity is taking place, we may investigate and/or report our findings or suspicions to the police or other relevant law enforcement agency.

We may also disclose information as may be required by law or legal process, or if we reasonably believe such disclosure is necessary to comply with legal process or the reasonable requests of law enforcement or to exercise or protect the rights, property or personal safety of MHCH, our Guests, or others.

Will your personal information be transferred outside your home country?
Your personal information may be processed by MHCH, our affiliates and our third party service providers anywhere in the world, including in countries where data privacy laws may not be equivalent to, or as protective as, the laws in your home country.

In particular, your personal information will be stored in your Guest profile in our central reservation system located in the United States.

We will implement appropriate measures to ensure that your personal information remains protected and secure when it is transferred outside of your home country.

What rights do you have regarding your personal information?
Depending on the applicable law, which may be determined by your country, region or state of residency, you may be able to exercise one or more of the following rights relating to our processing of your personal information. You may also have other rights under the laws of your jurisdiction of residence.

To protect your privacy, we may require that you prove your identity to us at the time your request is made. This may involve providing us with information which we hold on file about you (for example, a home or business address), or information regarding your past voyages on Four Seasons Yachts ships.

Accessing, correcting or deleting your personal information
We understand that you may wish to know what personal information we hold about you, or request that we correct or delete certain information. We are happy to assist you with such requests.

MHCH reserves the right to decline a request to access, correct or delete your personal information under certain circumstances as permitted by applicable law. In particular, there may be a variety of legitimate business reasons or legal obligations that allow or require us to retain your personal information.

Right to decline marketing communications
If you do not wish to receive marketing communications from us, you can send such a request via email to: unsubscribe@fsymh.com or, at ships where consent is collected on registration cards, you may indicate your wishes on your registration card. You will always have the ability to accept or decline any form of marketing communication from MHCH or its affiliates. You may unsubscribe from electronic marketing communications at any time by selecting the “unsubscribe” link included in such communications. Please note that you may not be able to opt-out of service-related communications (such as account verification emails, transactional communications, and technical and security notices).

Other rights
You may also be entitled to:

object to the processing of your personal information;
request the restriction of the processing of your personal information;
opt-out from the processing or disclosure of your personal information for direct marketing purposes;
withdraw your consent to the processing of your personal information (where we are processing your personal information based on your consent);
request the receipt (or transmission to another organization) of the personal information we hold about you in a machine-readable form; and
file a complaint about our data collection and processing actions with the supervisory authority concerned.

Where you are given the option to share personal information with us, you can always choose not to do so.

If you object to the processing of your personal information, or if you have provided your consent to processing and you later choose to withdraw that consent, we will respect that choice in accordance with our legal obligations.

This could mean that we are unable to perform the actions necessary to achieve the purposes of processing described above (see “How do we use your personal information?”) or that you are unable to make use of the services we offer.

After you have chosen to withdraw your consent, MHCH may continue to process your personal information to the extent required or otherwise permitted by law.

If at any time you wish to exercise any of these rights, you can do so by:
For Guests, contacting us:

via email at privacy.officer@fsymh.com
if you live in California, toll-free at: 1-800-705-7580
via letter at:

Attention: Privacy Officer
Marc-Henry Holdings Ltd
Joint Owner/Operator

Four Seasons Yachts

960 Alton Road

Miami Beach, Florida 33139

You may make a request through an authorized agent (such as a lawyer). We may request evidence of their authority to act on your behalf.

For how long is my personal information retained?
Your personal information will be stored for the period of time required or permitted by law in the country in which it is stored. This may involve retaining information following your voyage. We will delete your personal information once it is no longer reasonably necessary for any of the purposes described in this Privacy Notice.

We will also keep your personal information where we need to do so in connection with a legal action or an investigation involving MHCH.

Any financial information MHCH retains will be protected under the terms of this Privacy Notice.

Jurisdiction-Specific Disclosures

Additional Notice for Residents of California, Colorado, Connecticut, Utah and Virginia: Some of the personal information we collect may be classified as “sensitive personal information” under certain U.S. state privacy laws, such as your passport number or other government identifier, payment card information, and information concerning your health. We use sensitive personal information as necessary to operate our services, to enter into and perform a contract with you, to comply with legal and regulatory requirements, to protect the life or physical safety of you or others, or as otherwise permissible for our internal business purposes consistent with applicable laws. We do not sell sensitive personal information or process sensitive personal information for targeted advertising purposes Subject to certain exceptions, you may have the right to request access, correction, or deletion of your personal information or to opt-out of personal information sales or limit the processing of your sensitive personal information by submitting a request using the contact information above and as described in the “What rights do you have regarding your personal information?” section. You have the right not to be discriminated against if you choose to exercise those rights. To opt-out of the use or sharing of personal information for targeted advertising purposes or adjust your cookie preferences with regard to the collection of information for these purposes, please use the Cookie Preferences link found at the bottom of our Sites that use cookies. By visiting www.privacyrights.info, you can opt out from sales of this type of personal information by businesses that participate in the Digital Advertising Alliance’s (DAA) CCPA App-based Opt-Out Tool. You can also learn more about how you can manage cookies and tracking technologies in our Cookie Notice. California’s “Shine the Light” law (Civil Code Section §1798.83) provides certain rights to California residents that have an established business relationship with us with regard to the disclosure of certain types of personal information to third parties for their direct marketing purposes. We do not share your personal information with third parties for direct marketing purposes without consent.

How will third party websites use your personal information?
Our Sites may include links to third party websites, plug-ins and applications. We are not responsible for, and this Privacy Notice does not apply to, any personal information practices of third party websites and online services or the practices of other third parties (except where we expressly adopt, incorporate, apply or refer to this Privacy Notice). To learn about the personal information practices of third parties, please visit their respective privacy notices.

Updates to this Privacy Notice
We will update this Privacy Notice from time to time. When we make changes to this Privacy Notice, we will change the “Last Updated” date at the beginning of this Privacy Notice and will provide any other form of notice as may be required by law. All changes shall be effective from the date of publication unless otherwise stated.

Contact us
If you have any questions or concerns regarding this Privacy Notice or our handling of your personal information, please contact our Legal Officer as follows:

via email at privacy.officer@fsymh.com
via letter at –

Chief Legal Officer
Marc-Henry Holdings Ltd

Joint Owner/Operator

Four Seasons Yachts
960 Alton Road

Miami Beach, Florida 33139

COVID-19 Notice
In response to the global coronavirus pandemic and to protect against the risks of other communicable illness, all guests may be required to undergo health screenings and we will collect additional information recommended by public health authorities or other government agencies or to otherwise demonstrate our guests’ ongoing health and fitness to travel, including:

Contact Information.
Information such as name, nationality, country of residence, originating address, destination address, telephone, and email;
Symptoms and Health Information.
Information regarding the presence or absence of possible COVID-19 or other global pandemic symptoms, which may be collected through temperature scans, tissue sampling, medical examinations, surveys or questionnaires, as well as information about pre-existing medical conditions;
Exposure.
Information regarding potential exposure to or infection with COVID-19 or other global pandemic, which may include recent travel history, contacts with Guests, crew or other individuals; or
As Required By Law.
Information collected by our crew members or reservations staff pursuant to directives by public health organizations or other government agencies.

We collect and use this information because:

we must comply with certain regulatory requirements regarding public health, including to determine your fitness to travel consistent with applicable government regulations and guidelines;
we have a legitimate business interest in ensuring the health and safety of our passengers, crew and the public;
we have a legitimate business interest in complying with legal and regulatory requirements applicable in the various jurisdictions in which we operate; or
we need to use this information to perform our contract with you to provide our vacation experiences.