Terms & Conditions & Privacy Notice
Smart Boat Sales – Terms & Conditions
(Summary based on ABYA Sale & Purchase Agreement – Version 01/2025)
1. Broker’s Role
Smart Boat Sales acts as Broker and may also act as Stakeholder, holding deposits and managing completion in accordance with the ABYA Agreement. The Broker is not the seller of the vessel and makes no representation or warranty regarding condition, description, or fitness for purpose.
2. Deposits and Payments
A Deposit (typically 10% or as stated) is payable within 4 banking days of signing. Funds are held in a designated Client Account.
Deposits may be forfeited if the Buyer defaults.
Balance is payable on or before Completion Date, and the Broker will release funds only once completion is confirmed.
3. Surveys and Trials
Buyers may carry out a Survey and/or In-Water Trial at their own cost, including haul-out, with prior consent for invasive work.
A written Survey Report is required for any rejection or defect claims. Defects must affect operational integrity to justify rejection or price negotiation.
Rejection notice must be given in writing within 7 days of the survey or 2 days after the trial.
4. Acceptance
If no valid notice of rejection is received in the required timeframe, the Buyer is deemed to have accepted the vessel.
5. Completion
Completion is the transfer of ownership and handover of the vessel and documents.
It occurs on the agreed date once payment is cleared and transaction documents are exchanged.
6. Default and Cancellation
If the Buyer defaults, the deposit is forfeited to the Seller (less costs).
If the Seller defaults, the deposit is refunded and the Seller may be liable for provable losses and broker fees.
Cancellation provisions also apply if survey findings aren't resolved, or due to force majeure or vessel loss.
7. Broker’s Fees
The Seller agrees to pay the Broker the agreed commission on completion or on cancellation due to default.
The Broker is authorised to deduct their fee from sale proceeds.
8. Risk and Insurance
Risk remains with the Seller until completion. The Seller must make good any damage after survey/trial and before completion.
9. Legal Jurisdiction
This Agreement is governed by the laws of England and Wales, and all disputes shall be resolved in English courts.
10. Confidentiality
All parties agree not to disclose the contents of the agreement except to legal advisors or regulators, or as required by law.
11. Due Diligence (KYC)
All parties must provide identity and compliance documentation. The Broker may refuse funds or cancel the agreement if KYC is not satisfied.
Smart Boat Sales Ltd Customer Privacy Notice
This privacy notice tells you what to expect us to do with your personal information.
• Contact details
• What information we collect, use, and why
• Lawful bases and data protection rights
• Where we get personal information from
• How long we keep information
• Who we share information with
• Sharing information outside the UK
• How to complain
Contact details
Telephone
07985154373
hello@smartboatsales.co.uk
What information we collect, use, and why
We collect or use the following information to provide services and goods, including delivery:
• Names and contact details
• Addresses
• Purchase or account history
• Payment details (including card or bank information for transfers and direct debits)
• Website user information (including user journeys and cookie tracking)
• Photographs or video recordings
• Records of meetings and decisions
• Identification documents
• Information relating to compliments or complaints
• Vessel ownership information relating to brokerage services.
We collect or use the following information for the operation of customer accounts and guarantees:
• Names and contact details
• Addresses
• Payment details (including card or bank information for transfers and direct debits)
• Purchase history
• Information used for security purposes
• Marketing preferences
• Brokerage documentation and vessel ownership information.
We collect or use the following information to prevent, detect, investigate or prosecute crimes:
• Names and contact information
• Customer or client accounts and records
• Financial transaction information
• Information relating to health and safety
• Identification documents
• Anti-fraud checks relating to vessel ownership or payment verification.
We collect or use the following information for service updates or marketing purposes:
• Names and contact details
• Addresses
• Marketing preferences
• Location data
• Recorded images, such as photos or videos
• Purchase or viewing history
• IP addresses
• Website and app user journey information
• Records of consent, where appropriate
• Social media handles where supplied.
We collect or use the following information for research or archiving purposes:
• Addresses
• Purchase or viewing history
• IP addresses
• Website and app user journey information
• Personal information used for administration of research
• Business performance metrics based on enquiry data (anonymised where possible).
We collect or use the following personal information for dealing with queries, complaints or claims:
• Names and contact details
• Address
• Payment details
• Purchase or service history
• Customer or client accounts and records
• Financial transaction information
• Information relating to health and safety
• Correspondence
• Relevant vessel documentation and ownership proof.
Lawful bases and data protection rights
Under UK data protection law, we must have a “lawful basis” for collecting and using your personal information. There is a list of possible lawful bases in the UK GDPR. You can find out more about lawful bases on the ICO’s website.
Which lawful basis we rely on may affect your data protection rights which are set out in brief below. You can find out more about your data protection rights and the exemptions which may apply on the ICO’s website:
• Your right of access - You have the right to ask us for copies of your personal information. You can request other information such as details about where we get personal information from and who we share personal information with. There are some exemptions which means you may not receive all the information you ask for. Read more about the right of access.
• Your right to rectification - You have the right to ask us to correct or delete personal information you think is inaccurate or incomplete. Read more about the right to rectification.
• Your right to erasure - You have the right to ask us to delete your personal information. Read more about the right to erasure.
• Your right to restriction of processing - You have the right to ask us to limit how we can use your personal information. Read more about the right to restriction of processing.
• Your right to object to processing - You have the right to object to the processing of your personal data. Read more about the right to object to processing.
• Your right to data portability - You have the right to ask that we transfer the personal information you gave us to another organisation, or to you. Read more about the right to data portability.
• Your right to withdraw consent – When we use consent as our lawful basis you have the right to withdraw your consent at any time. Read more about the right to withdraw consent.
If you make a request, we must respond to you without undue delay and in any event within one month.
To make a data protection rights request, please contact us using the contact details at the top of this privacy notice.
Our lawful bases for the collection and use of your data
Our lawful bases for collecting or using personal information to provide services and goods are:
• Contract – we have to collect or use the information so we can enter into or carry out a contract with you. All of your data protection rights may apply except the right to object.
• Legal obligation – we have to collect or use your information so we can comply with the law. All of your data protection rights may apply, except the right to erasure, the right to object and the right to data portability.
• Legitimate interests – we’re collecting or using your information because it benefits you, our organisation or someone else, without causing an undue risk of harm to anyone. All of your data protection rights may apply, except the right to portability. Our legitimate interests are:
•
• We have a legitimate interest in collecting and using personal information so that we can provide boat brokerage and related services efficiently, safely and professionally. This includes responding to enquiries, arranging viewings, preparing contracts, verifying vessel ownership, coordinating payments, and communicating throughout the sales process. These activities are necessary for the day-to-day operation of our business and are services that individuals reasonably expect when they contact us. Collecting and using this information benefits both our organisation and our customers by enabling accurate communication, preventing fraud, ensuring safe transactions, and allowing us to deliver the services that customers request. The personal information we collect is limited to what we need, is used in ways people would expect, and is not used in a way that would unduly impact their rights, freedoms or privacy. We balance our interests carefully against any potential risks to individuals, and we take steps to minimise those risks through secure handling and limited retention.
For more information on our use of legitimate interests as a lawful basis you can contact us using the contact details set out above.
Our lawful bases for collecting or using personal information for the operation of customer accounts and guarantees are:
• Contract – we have to collect or use the information so we can enter into or carry out a contract with you. All of your data protection rights may apply except the right to object.
• Legal obligation – we have to collect or use your information so we can comply with the law. All of your data protection rights may apply, except the right to erasure, the right to object and the right to data portability.
• Legitimate interests – we’re collecting or using your information because it benefits you, our organisation or someone else, without causing an undue risk of harm to anyone. All of your data protection rights may apply, except the right to portability. Our legitimate interests are:
• We have a legitimate interest in collecting and using personal information to manage customer accounts, maintain accurate records of enquiries and transactions, and administer any guarantees or after-sales support related to vessel purchases. This information allows us to identify customers correctly, provide ongoing service, resolve issues efficiently, and ensure that important documentation is maintained for legal and safety purposes. These activities are necessary for the smooth running of our business and are services that individuals reasonably expect when purchasing or selling a vessel through us. Using this information benefits both our organisation and our customers by ensuring continuity of service, improving accuracy, and enabling us to meet contractual and support obligations. We only collect the minimum information required and handle it securely to reduce any risks to individuals. The processing has a low privacy impact and does not outweigh people’s rights or interests, and individuals can contact us at any time with questions or concerns about how their information is used.
For more information on our use of legitimate interests as a lawful basis you can contact us using the contact details set out above.
Our lawful bases for collecting or using personal information to prevent, detect, investigate or prosecute crimes are:
• Legal obligation – we have to collect or use your information so we can comply with the law. All of your data protection rights may apply, except the right to erasure, the right to object and the right to data portability.
• Legitimate interests – we’re collecting or using your information because it benefits you, our organisation or someone else, without causing an undue risk of harm to anyone. All of your data protection rights may apply, except the right to portability. Our legitimate interests are:
• We have a legitimate interest in collecting and using personal information to prevent and detect fraud, verify identities, protect customers from financial crime, and safeguard vessels, payments and documentation involved in brokerage transactions. Boat sales can involve high-value assets, and taking reasonable steps to confirm ownership, check the legitimacy of transactions and investigate suspicious activity is necessary to protect both our business and our customers. This processing benefits individuals by reducing the risk of fraud, ensuring that transactions are genuine, and helping to resolve any criminal or security concerns quickly. The information we collect is limited to what is required for these purposes and is handled securely, with minimal impact on people’s privacy. We balance our need to reduce crime and protect the integrity of transactions against any potential risks to individuals, and we avoid using information in a way that is excessive or unexpected.
For more information on our use of legitimate interests as a lawful basis you can contact us using the contact details set out above.
Our lawful bases for collecting or using personal information for service updates or marketing purposes are:
• Consent - we have permission from you after we gave you all the relevant information. All of your data protection rights may apply, except the right to object. To be clear, you do have the right to withdraw your consent at any time.
• Legitimate interests – we’re collecting or using your information because it benefits you, our organisation or someone else, without causing an undue risk of harm to anyone. All of your data protection rights may apply, except the right to portability. Our legitimate interests are:
• We have a legitimate interest in using personal information to provide customers and enquirers with relevant service updates and marketing about similar products or services they have shown interest in. This includes informing people about new boat listings, price changes, viewing opportunities, or related services that may reasonably be of interest based on their previous interactions with us. These communications help individuals stay informed about opportunities they have actively sought out and support them in making purchasing decisions. This processing benefits both our organisation and our customers by ensuring timely and relevant communication, improving customer experience, and enabling us to operate effectively as a small business. The information we use is limited, typically consisting of contact details and enquiry history, and individuals can opt out of marketing at any time. We assess and balance potential privacy impacts carefully, and our legitimate interest does not override individuals’ rights or freedoms.
For more information on our use of legitimate interests as a lawful basis you can contact us using the contact details set out above.
Our lawful bases for collecting or using personal information for research or archiving purposes are:
• Legitimate interests – we’re collecting or using your information because it benefits you, our organisation or someone else, without causing an undue risk of harm to anyone. All of your data protection rights may apply, except the right to portability. Our legitimate interests are:
• We have a legitimate interest in using limited personal information for internal research, analysis and archiving so we can better understand customer enquiries, improve our services, and manage our business effectively. This may include reviewing enquiry patterns, analysing which listings attract interest, and maintaining historical records to support future business planning, compliance checks, and operational decisions. This processing benefits both our organisation and our customers by helping us improve the quality of our listings, enhance communication, and ensure a more efficient and responsive service. The information used is minimal, often anonymised or aggregated where possible, and is stored securely to reduce any privacy risks. We balance these business needs against individuals’ rights and freedoms and ensure the processing does not have an undue impact on their privacy.
For more information on our use of legitimate interests as a lawful basis you can contact us using the contact details set out above.
Our lawful bases for collecting or using personal information for dealing with queries, complaints or claims are:
• Contract – we have to collect or use the information so we can enter into or carry out a contract with you. All of your data protection rights may apply except the right to object.
• Legal obligation – we have to collect or use your information so we can comply with the law. All of your data protection rights may apply, except the right to erasure, the right to object and the right to data portability.
• Legitimate interests – we’re collecting or using your information because it benefits you, our organisation or someone else, without causing an undue risk of harm to anyone. All of your data protection rights may apply, except the right to portability. Our legitimate interests are:
• We have a legitimate interest in collecting and using personal information to handle enquiries, resolve complaints, and manage any claims relating to our services. This includes reviewing past communications, confirming details of transactions or viewings, and gathering any relevant documentation so we can provide accurate responses, investigate issues fairly, and improve the quality of our customer service. This processing benefits individuals by ensuring their concerns are properly understood, addressed promptly, and resolved in a transparent manner. It also helps us maintain accurate records, monitor service quality, and protect our business in the event of disputes. We only use the information necessary for these purposes and handle it securely to minimise any impact on people’s privacy. We balance our operational need to address issues effectively against individuals’ rights and ensure their interests are not overridden.
For more information on our use of legitimate interests as a lawful basis you can contact us using the contact details set out above.
Where we get personal information from
• Directly from you
• Publicly available sources
• Suppliers and service providers
• Third parties:
• We may receive personal information from marinas, boatyards, surveyors, finance and insurance brokers, transport companies, professional advisors, IT and marketing service providers, social media platforms, and individuals involved in a vessel sale or purchase.
• Vessel ownership databases and documentation provided by sellers for brokerage verification.
How long we keep information
Smart Boat Sales – Retention Schedule
Data Type Retention Period Reason
Customer enquiries / viewing information 2 years Legitimate interest; reference for future enquiries.
Sales and brokerage records 6 years Legal obligation for financial and tax records.
Contracts (MOUs, Bills of Sale, brokerage agreements) 6 years Legal obligation; contract limitation period.
Payment and transaction records 6 years HMRC and financial compliance.
Identity documents for anti-fraud checks 1 year Legitimate interest; fraud prevention; not kept longer than needed.
Marketing preferences & contact details Until consent withdrawn or 2 years of inactivity Legal requirement for consent-based marketing; legitimate interest.
Complaint records / claims 6 years Legal obligation; defence of legal claims.
Website analytics data 26 months Standard analytics retention period.
CCTV footage (if applicable) 30 days unless needed for investigation Security purposes.
Boat documentation shared by sellers For the duration of the listing + 1 year Legitimate interest; verification.
For more information on how long we store your personal information or the criteria we use to determine this please contact us using the details provided above.
Who we share information with
Data processors
Website hosting and domain services provider (IT infrastructure – UK/EU-based)
This data processor does the following activities for us: They host our website and process technical data such as IP addresses and form submissions on our behalf.
Customer relationship management and email marketing platform (Marketing technology – UK/EU/US-based)
This data processor does the following activities for us: They store customer contact details, enquiry information, and manage our email communications.
Secure cloud storage provider (IT services – UK/EU/US-based)
They store business files and documents that may include personal information.
Accounting and bookkeeping platform (Financial technology – UK/EU/US-based)
They store financial records which may include names, payment amounts and invoice details.
E-signature and digital form provider( UK/EU/US-based)
They process signed agreements and seller/buyer details.
Others we share personal information with
• Professional or legal advisors
• Financial or fraud investigation authorities
• Relevant regulatory authorities
• Organisations we’re legally obliged to share personal information with
• Publicly on our website, social media or other marketing and information media
• Suppliers and service providers
• Other relevant third parties:
• Marinas, boatyards, surveyors, transport companies, and individuals involved in a vessel sale or purchase.
Sharing information outside the UK
Where necessary, we will transfer personal information outside of the UK. When doing so, we comply with the UK GDPR, making sure appropriate safeguards are in place.
For further information or to obtain a copy of the appropriate safeguard for any of the transfers below, please contact us using the contact information provided above.
Organisation name: Cloud storage provider
Category of recipient: Cloud IT services provider
Country the personal information is sent to: United States
How the transfer complies with UK data protection law: Addendum to the EU Standard Contractual Clauses (SCCs)
Organisation name: Email and CRM marketing platform
Category of recipient: Marketing technology provider
Country the personal information is sent to: United States
How the transfer complies with UK data protection law: Addendum to the EU Standard Contractual Clauses (SCCs)
Organisation name: Website hosting provider
Category of recipient: IT infrastructure and hosting services
Country the personal information is sent to: EU/EEA
How the transfer complies with UK data protection law: The country or sector has been assessed as providing adequate protection to data subjects (also known as Adequacy Regulations or UK data bridge)
Organisation name: Analytics services provider
Category of recipient: Web analytics and tracking services
Country the personal information is sent to: United States
How the transfer complies with UK data protection law: Addendum to the EU Standard Contractual Clauses (SCCs)
Where necessary, our data processors may share personal information outside of the UK. When doing so, they comply with the UK GDPR, making sure appropriate safeguards are in place.
For further information or to obtain a copy of the appropriate safeguard for any of the transfers below, please contact us using the contact information provided above.
Organisation name: Cloud storage provider
Category of recipient: Cloud storage and IT services provider
Country the personal information is sent to: United States
How the transfer complies with UK data protection law: Addendum to the EU Standard Contractual Clauses (SCCs)
Organisation name: Email and CRM platform
Category of recipient: Marketing and communication services provider
Country the personal information is sent to: United States
How the transfer complies with UK data protection law: Addendum to the EU Standard Contractual Clauses (SCCs)
Organisation name: Website hosting provider
Category of recipient: Website hosting and IT infrastructure provider
Country the personal information is sent to: European Union / EEA
How the transfer complies with UK data protection law: The country or sector has been assessed as providing adequate protection to data subjects (also known as Adequacy Regulations or UK data bridge)
Organisation name: Analytics services provider
Category of recipient: Web analytics and performance tracking services
Country the personal information is sent to: United States
How the transfer complies with UK data protection law: Addendum to the EU Standard Contractual Clauses (SCCs)
How to complain
If you have any concerns about our use of your personal data, you can make a complaint to us using the contact details at the top of this privacy notice.
If you remain unhappy with how we’ve used your data after raising a complaint with us, you can also complain to the ICO.
The ICO’s address:
Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Helpline number: 0303 123 1113
Website: https://www.ico.org.uk/make-a-complaint