Privacy Policy

With this privacy policy, we inform you about the scope of the processing of your personal data (“data”) in connection with our website at www.eseaboats.com (the “Website”) and with the ESEA Boats mobile app and its related online services (the “App”). This policy does not apply to linked third-party websites that are not owned or controlled by ESEA Boats.

The section “The ESEA Boats App” below explains the data we process when you use the App. The other sections of this policy, including your rights, apply to both the Website and the App.

We only use your personal data in accordance with applicable data protection law, in particular the EU General Data Protection Regulation (“GDPR”) and the Dutch GDPR Implementation Act (Uitvoeringswet AVG), and only as described in this privacy policy.

Personal data is any information relating to an identified or identifiable individual, for example your name, date of birth, e-mail address, postal address or telephone number, as well as online identifiers such as your IP address. Information that cannot be used to determine your identity, such as aggregated visitor counts, is not personal data. We reserve the right to put anonymised data to additional uses to the extent permitted by law.

Who is responsible for data processing

The controller responsible for data processing under the GDPR is:

ESEA Boats B.V.

Jan Vrijmanstraat 305, 1087 MN Amsterdam, the Netherlands

Chamber of Commerce (KvK) number: 96204869

Web: www.eseaboats.com

E-mail: support@eseaboats.com

General information on data processing

In the course of our business, Website and App operations, we process personal data. This includes disclosure to third parties and, where applicable, transfer to countries outside the European Economic Area (“EEA”). Where we transfer data outside the EEA, we highlight this below.

Data processing activities

The categories of data concerned, processing purposes, legal bases, recipients and, where applicable, transfers to third countries, are set out below.

a) Hosting

To provide the Website, we use the hosting and infrastructure services of one or more cloud hosting providers, which process the data mentioned below on our behalf. The legal basis for this processing is our legitimate interest in providing a secure and reliable website in accordance with Art. 6(1)(f) GDPR.

b) Log files during your website visit

When you visit the Website, we log:

• the name(s) of the pages accessed,
• date and time of access,
• the amount of data transferred,
• browser type and version,
• the operating system used,
• the referrer URL (the previously visited website),
• your IP address, and
• the requesting internet service provider.

The legal basis for this processing is our legitimate interest in the ongoing provision and security of the Website in accordance with Art. 6(1)(f) GDPR. Log files are deleted after seven days unless needed to investigate a specific security incident or legal violation identified within that period.

c) Contacting us

If you contact us, for example through our contact form, we process the data you provide — such as your name, contact details and message — to process and respond to your enquiry. The legal basis for this processing is our legitimate interest in handling your enquiry (Art. 6(1)(f) GDPR) and/or, where your enquiry relates to a potential purchase, our need to take steps prior to entering into a contract with you (Art. 6(1)(b) GDPR).

d) Newsletter

If you subscribe to our newsletter, we process your e-mail address (and, if provided, your name) to send you updates about ESEA Boats and our electric boat models. The legal basis for this processing is your consent (Art. 6(1)(a) GDPR). You can withdraw your consent and unsubscribe at any time, free of charge, using the link in every newsletter or by contacting us.

e) Enquiries, configurator and quote requests

Where you use tools on the Website to configure a boat, request a quotation, or otherwise express interest in our products or services, we process the data you provide (such as your name, contact details, country and preferences) in order to respond to your request and, where relevant, take steps towards entering into a contract with you. The legal basis for this processing is Art. 6(1)(b) GDPR (performance of, or steps towards, a contract) and/or Art. 6(1)(f) GDPR (our legitimate interest in following up on commercial enquiries).

f) Contract fulfilment

Where you enter into a contract with us for the purchase of a boat or related services, we process your data as necessary to perform that contract, including order processing, delivery, after-sales service and warranty administration, and to comply with our legal obligations (for example accounting and tax obligations). The legal basis for this processing is Art. 6(1)(b) GDPR and Art. 6(1)(c) GDPR.

g) Use of cookies

We use cookies on the Website. Cookies are small text files stored on your device and saved by your browser. For further information, please refer to our Cookie Policy. The legal basis for the use of cookies is your consent (Art. 6(1)(a) GDPR) as well as, for strictly necessary cookies, our legitimate interest (Art. 6(1)(f) GDPR).

The ESEA Boats App

This section applies when you use the ESEA Boats App. The App is a companion app for owners of ESEA boats. It shows your boat’s status, position, battery, trips and alerts, and it offers charts, weather, tides and ESEA Copilot, an AI assistant. The App only reads data from your boat: it cannot charge, lock or change anything on the boat. The App is intended for people aged 18 and over.

a) Your account

When you create an account, we process your name, e-mail address and password, the boat(s) linked to your account, and the information you add or change in your account: your boat’s nickname, alert rules, zones, saved routes, service records and preferences. Each time you sign in, we keep a sign-in record with your IP address and the browser or app identifier.

We use this data to create and run your account, link it to your boat, send you account e-mails (such as e-mail verification and password reset) and keep your account secure. Your data is encrypted in transit and at rest. Your password is stored only as a one-way hash (Argon2id), so it cannot be read, even by us. We do not use third-party sign-in services.

The legal basis is the performance of our contract with you under the App Terms of Use (Art. 6(1)(b) GDPR). Sign-in records are kept to protect your account and our systems against misuse, based on our legitimate interest in security (Art. 6(1)(f) GDPR).

b) Boat data

The App is built around data generated by your boat. This includes:

• the boat’s position (GPS location) and speed,
• battery level, battery health, charging status and charge history,
• propulsion data, system status and fault messages,
• trips and routes, and
• the zones (geofences) and alert rules you create, and the alerts sent to you.

This data comes from your boat’s propulsion and battery systems, supplied by our partner ePropulsion, and is sent to ESEA’s servers. Because the boat is linked to your account, its position and trips are personal data about you, and we treat them that way.

We use boat data to show you your boat’s status, position and trips, to check your zones and alerts, to provide support, diagnose faults and handle warranty and service, and to keep the App and your boat secure. The legal basis is the performance of our contract with you (Art. 6(1)(b) GDPR) and, for warranty, safety and product improvement, our legitimate interest in providing safe and reliable boats (Art. 6(1)(f) GDPR). Where we use boat data to improve our products, we use it in aggregated or anonymised form wherever possible.

Under the EU Data Act you can ask us for a copy of the data generated by your boat, or ask us to share it with a third party of your choice. See the App Terms of Use for details.

c) Charts, weather and tides (Savvy Navvy)

Charts, weather and tide information in the App are provided by Savvy Navvy. To show this information, Savvy Navvy receives your boat’s coordinates (for weather and tides), your route waypoints (for routing) and requests for chart map tiles. It does not receive your name, e-mail address or any account identifier. The legal basis is the performance of our contract with you (Art. 6(1)(b) GDPR).

d) ESEA Copilot and the Help assistant (AI assistants)

The App has two AI assistants: ESEA Copilot, which answers questions about your boat and boating, and the Help assistant, which answers questions about using the App. When you use either assistant, we process the messages you type and the assistant’s answers. No boat data is attached to your messages automatically. When a question needs it, either assistant can look up:

• battery information: charge level, battery health, charging status and remaining time,
• trips: distance, duration, speed, energy used, trip names, and the names of the places where trips started and ended,
• charge history,
• conditions: temperature, wind and tide, and
• your boat report: distance, time on the water, energy used and efficiency score.

The assistants never receive your boat’s coordinates, your name or your e-mail address.

Conversations with both assistants are processed by Nous Research, Inc., based in the United States. If Nous Research is unavailable, they are processed instead by Anthropic PBC, also in the United States. Anthropic acts on our behalf as a processor under its data processing agreement and may not use your conversations to train its AI models. We use Nous Research under its standard online terms, with its Privacy Mode switched on; under those terms, our requests are not stored by Nous Research or used to train its AI models.

Important: we do not have a data processing agreement or Standard Contractual Clauses with Nous Research, and Nous Research is not certified under the EU-U.S. Data Privacy Framework. This means your conversations are not protected by the safeguards the GDPR normally requires when data leaves the EEA. U.S. authorities may be able to access them, and you may not be able to exercise your rights against Nous Research in the same way as against a company in the EU. We only send your conversations to Nous Research if you explicitly consent to this transfer after being informed of these risks (Art. 49(1)(a) GDPR). If you do not want this, do not use the assistants.

We only use the assistants with your consent (Art. 6(1)(a) GDPR), and transfers to Nous Research only with your explicit consent (Art. 49(1)(a) GDPR). The App asks for your permission on one screen, which covers both assistants and names both providers, before your first conversation. You can withdraw your consent at any time in the App under Account → “ESEA Copilot and AI providers”. After you withdraw, nothing more is sent to Nous Research or Anthropic, and the App will ask for your permission again before you send another message. Withdrawing consent does not affect the lawfulness of processing before you withdrew it, and does not delete your existing conversations. You can delete each conversation in the App at any time.

Please do not share sensitive personal data, such as health information, or other people’s personal data with the assistants unless necessary. Their answers can be wrong and are not navigation or safety advice.

e) Push notifications

If you allow notifications, we send alerts and messages about your boat to your phone. To do this, we process a device token for your phone and the content of each notification. Notifications are delivered through Expo (650 Industries, Inc.), Google Firebase Cloud Messaging (Google LLC, Android only) and the Apple Push Notification service (Apple Inc.), all in the United States. The legal basis is the performance of our contract with you (Art. 6(1)(b) GDPR). You can turn notifications off at any time in your phone’s settings.

f) App updates and technical data

When the App checks for updates, it contacts the Expo update service, which receives technical data such as the app version, your phone’s operating system and your IP address. We use this to keep the App up to date and working correctly, based on our legitimate interest (Art. 6(1)(f) GDPR).

The App does not use any analytics, crash-reporting, advertising or tracking tools. (Google Analytics, described below, is used only on the Website, and only with your consent.)

g) Hosting and e-mail

App data is hosted by Amazon Web Services (Amazon Web Services EMEA SARL) in data centres in Ireland, in the EU. Account e-mails are sent through Amazon Simple Email Service in the United Kingdom. These providers act as our processors.

h) Marketing

If you opt in, we send you news and offers about ESEA Boats by e-mail and/or push notification. You choose the channels. The legal basis is your consent (Art. 6(1)(a) GDPR). You can turn marketing off at any time in the App, or by using the unsubscribe link in any marketing e-mail. We keep a record of each consent and each withdrawal as proof of consent.

We do not sell your data, and there is no third-party advertising or tracking in the App.

i) Who receives App data and transfers outside the EEA

The following service providers receive App data. Where a recipient is outside the European Economic Area (EEA), we rely on the safeguard shown:

“EU-U.S. Data Privacy Framework” means the European Commission’s adequacy decision of 10 July 2023 for U.S. companies certified under that framework. “Standard Contractual Clauses” means the contract terms approved by the European Commission. You can ask us for a copy of the relevant safeguards using the contact details above.

j) How long we keep App data

When a retention period ends, we delete the data or make it anonymous. Backups are overwritten within 7 days.

k) Deleting your App account

You can delete your account at any time:

• in the App, under Account → Profile → Delete account, then confirming with “Delete”, or
• without the App, by e-mailing support@eseaboats.com from the e-mail address registered on your account. Instructions are at https://www.eseaboats.com/delete-account/.

For 14 days after you ask, you can change your mind: the same Profile screen in the App shows a “Cancel deletion” button, or you can e-mail us. After those 14 days, we permanently delete your account and the personal data linked to it, including your boat data, trips, zones, saved routes and assistant conversations.

We keep only the hull ownership record and service history of your boat, in pseudonymised form, for 10 years. The serial numbers of the boat and its components stay with the boat and are no longer linked to you. We need these for product safety, warranty and recalls, which is our legal obligation and our legitimate interest in the safety of our boats (Art. 6(1)(c) and (f) GDPR). Where tax or accounting law applies, invoices and related records are kept for up to 7 years.

Analysis and tracking tools

Google Analytics

We use Google Analytics, provided by Google Ireland Limited (Gordon House, Barrow Street, Dublin 4, Ireland) / Google LLC (USA). Data collected may be transmitted to and stored on a Google server, including in the United States. You can object to data collection and processing by Google Analytics by installing the opt-out browser add-on available at: http://tools.google.com/dlpage/gaoptout?hl=en. The legal basis for this processing is your consent (Art. 6(1)(a) GDPR), given via our cookie consent banner.

Where personal data is transferred to the United States or another country outside the EEA, such transfers take place on the basis of the European Commission's Standard Contractual Clauses or another appropriate safeguard recognised under Chapter V GDPR.

Cookies on the Website and your cookie settings

Google Analytics is not loaded before you consent. The Google script is not added to the page at all until you turn Analytics on in the cookie banner or in Cookie settings, so nothing is sent to Google and no cookie is set before that point. If you never make a choice, or if you decline, no contact with Google takes place. The Website otherwise uses only the strictly necessary items marked below.

You can review or change your cookie preferences at any time, using Cookie settings (also reachable from the site footer on every page). Turning Analytics off takes effect immediately, without reloading the page: no further data is sent and the Google Analytics cookies are deleted from your device.

The visit-level data behind our Google Analytics reports is deleted after 14 months. To ask us to request deletion of your analytics data, copy the browser reference shown in Cookie settings while Analytics is on and send it to support@eseaboats.com.

Duration of data storage

We only store personal data for as long as necessary for the purposes for which it is processed, or until any consent you have given is withdrawn. Where statutory retention obligations apply (for example under Dutch tax and accounting law), the retention period for certain data may be up to 7 years, irrespective of the original processing purpose.

The specific retention periods for data processed through the App are set out in the section “The ESEA Boats App” above.

Transfer of personal data

We do not disclose or otherwise share your personal data with third parties unless this is necessary to perform our services (Art. 6(1)(b) GDPR), you have consented to the disclosure (Art. 6(1)(a) GDPR), or disclosure is required or permitted by law.

We may engage external service providers as processors within the meaning of Art. 28 GDPR, for example for website hosting, data management, marketing, logistics and reporting. Such providers process your data strictly on our instructions and under contractual data processing agreements. We remain responsible for the protection of your data, ensured through contractual, technical and organisational measures.

Personal data may also be disclosed to third parties where we are legally obliged to do so, for example by court order (Art. 6(1)(c) GDPR), or where necessary to support legal or criminal proceedings or to protect our legitimate interests (Art. 6(1)(f) GDPR).

Automated decision-making

We do not carry out automated decision-making, including profiling, within the meaning of Art. 22(1) and (4) GDPR.

ESEA Copilot, the AI assistant in the App, answers your questions but does not make decisions about you that have legal or similarly significant effects.

Your data subject rights

a) Right of access

Upon request, we will provide you, free of charge, with information about the personal data we hold about you.

b) Rectification, erasure and restriction of processing

If your data is inaccurate or no longer required, you can ask us to correct, delete or restrict its processing, insofar as this is legally possible. You have the right to object to processing based on our legitimate interest, including profiling based on it, and to object at any time to processing for direct marketing purposes.

c) Right to withdraw consent

You may withdraw any consent you have given at any time, with future effect. Withdrawal does not affect the lawfulness of processing carried out before withdrawal.

d) Right to data portability

Where data is processed on the basis of a contract, consent, or automated means, you have the right to receive your data in a structured, commonly used and machine-readable format, and to transfer it to another controller.

e) Exercising your rights and right to complain

To exercise any of these rights, or if you have questions about our data processing, please contact us. You also have the right to lodge a complaint with a data protection supervisory authority — for ESEA Boats, this is the Dutch Data Protection Authority (Autoriteit Persoonsgegevens, www.autoriteitpersoonsgegevens.nl). We would, however, appreciate the opportunity to address your concerns directly before you contact the supervisory authority.

Security

We use up-to-date technical measures to protect your data, including SSL/TLS encryption for online forms and firewalls to prevent unauthorised external access. Technical and organisational measures protect your personal data against accidental or intentional manipulation, loss, destruction or unauthorised access.

Updating your information

If you believe the information we hold about you is inaccurate, or that we are no longer entitled to use it, and you wish to request rectification, erasure, or object to its processing, please contact us. For your protection, we may ask you to verify your identity before responding to such requests.

We may decline certain requests where permitted by law, for example where a request is unlawful or would infringe on trade secrets, intellectual property, or the privacy of another individual, or where fulfilling an objection would prevent us from continuing to provide our services to you.

Links to other providers

The Website may contain links to websites operated by other companies. We have no influence over the content of these third-party websites and accept no liability for them. The relevant operator is responsible for the content of its own pages. Links found to lead to unlawful content will be removed promptly once we become aware of this.

Personal data and children

Our Website and services are aimed at individuals aged 18 and over. We do not knowingly collect, use or disclose personal data from minors under the age of 18 without the consent of a parent or legal guardian.

Changes and updates to this privacy policy

We may amend this privacy policy from time to time to reflect changes in our data processing activities or in the law. We recommend you review this page periodically. Where changes require your cooperation (for example renewed consent) or individual notification, we will inform you accordingly.

Contact

If you have any concerns about your privacy, a possible compromise of your data, or any other questions about this privacy policy, please contact us at support@eseaboats.com.