We, at Baily Marine Consulting Pty Ltd T/A BM Yachts Australia (“BM Yachts” “we“, “us“, “our“), operate and provide our website www.bmyachts.com.au (“website“). We believe it is important to protect the privacy of personal information and for you to know what type of information we collect and how we treat information we may receive from you. We detail below how we collect personal information about you when you use our Website.

This Privacy Policy should be read in conjunction with our General Terms of Use and:

if you register with us to book a yacht for charter through our website, our BM Yachts Terms for Charterers; and/or
if you register with us to list a yacht for charter through our website, our BM Yachts Terms for Owners.


We may collect and store the following types of personal information about you when you use our website or by communicating with us (for example, by e-mail). This includes information you provide when registering to use our website, making any bookings or listings on the website or sharing any data via our social media functions. The information given to us may include:

your name, your age, your address, the device’s telephone number and your email address;
the username, password and other registration information used on our website;
information in connection with communications you s’end us, for example to report a problem or submit queries; and
details of the functions and services you use on our website.

Automated collection of information

Each time you use our website, we may automatically collect the following types of information:

Technical information

For example, the type of internet browser and operating system, the device’s IMEI number, the MAC address of the device’s wireless network interface, mobile network information and the time zone setting. We use this information to help provide a good user experience on our website.

Log information

For example, the details of the use of our website by you, the visits to our website, traffic data, location data and weblogs. We use this information to help us understand how users use our website and to improve user experience.


Our use of cookies

BM Yachts set and access cookies and similar technology on your device to obtain information about how you access and use our website. This helps us to provide you with a good experience and allows us to improve our website. Unless you have adjusted your browser settings so that it will refuse cookies, our website will set cookies when you load and navigate them.

What are cookies

Cookies are text files containing small amounts of information which are downloaded to your device when you visit a website or download mobile application software. Cookies are then sent back to the originating website or application during your browsing session or on each subsequent visit, or to another website that recognises that cookie. The cookies we set do lots of different jobs, like help us to improve our website and deliver a better and more personalised service, remember your preferences, and generally improve the user experience. You can find more information about cookies at https://www.allaboutcookies.org/.

Cookies can be categorised in accordance with the categories found in the ICC UK cookie guide as set out below:

Strictly necessary cookies – these cookies are essential in order to enable you to move around a website or application and use its features and enable services you have specifically asked for. Consent is not generally required for these cookies.

Performance cookies – these cookies collect information about how visitors use a website or application (for example, by recording which pages or features visitors use most often (usually on an anonymous basis)).

Functionality cookies – these cookies allow a website or application to remember the choices a user makes, such as a user name or language preference.

Targeting or advertising cookies – these cookies collect information about a user’s browsing habits and are usually placed by advertising networks with the website or application operator’s permission.

Cookies can also be categorised in accordance with how long they are saved on your device: “session cookies” are short-term cookies that are only saved on the device’s memory for the duration of a user’s visit to the website or application, whereas “persistent cookies” remain saved in the device’s memory for a set period of time, even after the browser session has ended.

The cookies we use

The following cookies are set on our website: Google Analytics

These cookies help us to understand how visitors use our website. We use the information to compile reports and to help us improve the website. The cookies collect information in an anonymous form on numbers of visitors to the website, where visitors to the website have arrived from and which pages of the website they visit: Performance cookies. Session and persistent (up to 2 years)

To opt-out of Google Analytics: https://tools.google.com/dlpage/gaoptout


This cookie is used to log that a visitor has accepted the terms of this Privacy Policy by clicking “accept” on the pop-up banner: Functionality cookie. This cookie expires after 12 weeks.

Refusing or restricting cookies

You may refuse to accept cookies by activating the setting on your browser which allows you to refuse the setting of cookies. The “Help” or “Internet Settings” functions within your browser should tell you how. Alternatively, you may wish to visit https://www.allaboutcookies.org/ which contains detailed information on cookies and how to delete, restrict or block them on a wide variety of browsers. For information on how to do this on the browser of your mobile phone you will need to refer to your handset manual.Please be aware that if you select to refuse or restrict cookies you may be unable to access certain parts of our website.

Steps we take to protect your personal information

As part of the registration process, we will ask your title, full name, address, telephone number and e-mail address. We will use this e-mail address to obtain your consent to the processing of your personal information, provide confirmations of orders or purchases on the website or provide security notifications.

If we collect personal information about you through the use of our website we will only retain that information for as long as is reasonably necessary to fulfil the activity requested, or as may be required by law.

Use of Collected Information

Our primary purpose in collecting user information is to provide you with a safe, smooth, efficient and customised experience and to provide the services you have requested. We may also use the information that you have provided to ensure that the content on our website is presented in the most effective manner for you and your device and to allow you to participate in any features on our website when you choose to do so.

By using our website and providing your personal information, you agree that we may use your personal information to:

provide the services and customer support you request;
train our employees;
resolve disputes and troubleshoot problems;
prevent, detect, and investigate potentially prohibited or illegal activities, and enforce our Ahoy Service Terms for Owners, Ahoy Service Terms for Customers and/or our General Digital Media Terms of Use;
manage, customise and improve our services and content;
tell you about our services and provide you with targeted marketing, service updates, and promotional offers based on your communication preferences;
allow selected third parties to provide you with information about goods or services we think may interest you. If you are an existing user of our services, we will only contact with information about services similar to those we provide. If you are a new user of our services, our third parties may contact you if you have consented to this. If you do not want us to pass your information to third parties for marketing purposes, you can let us know here; and
compare information for accuracy and verify it with third parties.

Legal basis for processing

Our processing of your personal information is necessary firstly for the performance of contracts to which you will be a party to and in order to take steps at your request prior to you entering into those contracts and secondly for the purposes of legitimate interests pursued by us.

Legitimate interests

As stated above, our processing of your personal data is necessary for the purposes of legitimate interests pursued by us, namely: (i) collecting user information to provide you with a safe, smooth, efficient and customised experience; (ii) to make sure you receive updated information on BM Yacht’s business activities; (iii) to provide the services you have requested; (iv) to ensure that the content on our website is presented in the most effective manner for you and your device; (v) to allow you to participate in any features on our website when you choose to do so; and (vi) for our own marketing and research.

Disclosure of Personal Information

Except as expressly set out in this Privacy Policy, Terms of Use, BM Yachts Terms for Owners and BM Yachts Terms for Customers, we do not share, sell, or lease personal information about you to any third-parties for their marketing use.

We may disclose personal information to provide our services, respond to legal requirements, enforce our policies and protect our rights and property. The personal information you provide to us may also be shared with affiliated companies if this is necessary to provide you with our services, respond to your inquiries or for any other related purposes.

We may also share your personal information with

other companies we have instructed to provide services for us, including payment collection or service providers and other third parties for those purposes that may be reasonably ascertained from the circumstances in which the information was submitted. We will only provide those companies the information they need to deliver the service and they are prohibited from using that information for any other purpose(s);
law enforcement agencies, other governmental agencies or third parties if we are required by law to do so, or in other limited circumstances (for example if required by a court order or regulatory authority, or if we believe that such action is necessary to prevent fraud or cyber-crime or to protect our website, our technology assets or the rights, property or personal safety of any person); and
other business entities should we plan to merge with or be acquired by that business entity, or if we undergo a re-organisation with that entity.

Your rights

You have a number of rights concerning the way that we use your information. At any time, you have the right to:

be informed about the processing of your personal data (i.e. for what purposes, what types, to what recipients it is disclosed, storage periods, any third party sources from it was obtained, confirmation of whether we undertake automated decision-making, including profiling, and the logic, significance and envisaged consequences);
request access to or a copy of any personal data we hold about you;
request the rectification of your personal data, if you consider that it is inaccurate;
request the erasure of your personal data, if you consider that we do not have the right to hold it;
object to your personal data being processed for a particular purpose or to request that we stop using your information;
request not to be subject to a decision based on automated processing and to have safeguards put in place if you are being profiled based on your personal data;
ask us to transfer a copy of your personal data to you or to another service provider or third party where technically feasible; and
ask us to stop or start s’ending you marketing messages at any time by using the below contact details (see “Opt Out” below).

Security and storage of your information

Although we maintain physical, electronic, and administrative safeguards to protect your personal information from unauthorised or inappropriate access, the transmission of information via the internet is not completely secure and we cannot guarantee the security of your personal information transmitted to us or provided though our website.

Personal information that you submit may be sent to, and stored on, secure servers owned by or operated for us. Any payment transactions carried out by our chosen third party provider will be encrypted using appropriate technology. We may collect and store personal data on your device using application data caches or browser web storage. If we collect personal information about you through the use of our website we will only retain that information for as long as is reasonably necessary to fulfil the activity requested, or as may be required by law.

Your personal information may be transferred to, and stored at, a destination outside the European Economic Area (“EEA“)and may also be processed by staff operating outside the EEA who work for us, or for one of our service providers. These staff may process your payment details and assist us in providing support services to you.

When we, or our permitted third parties, transfer your information outside the European Economic Area, we or they will impose contractual obligations on the recipients of that data to protect your information to the standard required in the European Economic Area. We or they may also require the recipient to subscribe to international frameworks intended to enable secure data sharing. In the case of transfers by us, we may also transfer your information where: (i) the transfer is to a country deemed to provide adequate protection of your information by the European Commission; or (ii) where you have consented to the transfer.

Certain features of our website will allow for social networking. You should ensure when using these features that you do not submit any personal data that you do not want to be s’ent, collected or used by other users, such as profile details or e-mail address. To help keep your information secure, you should always log out of the website properly, especially on a shared device.


If you provide us with personal information, you will be given a choice at the time to “opt out” of certain uses we may intend (such as sending you newsletters, updated information about us, our services and offers) by checking or un-checking (as directed) the relevant box.

You also have the option of “unsubscribing” from our mailing list for newsletters, alerts and updates at any time, thereby disabling any further such e-mail communication from being sent to you. To unsubscribe just send an e-mail to [email protected] with the word ‘remove’ in the subject line and the email address that you wish to be removed within the email. In addition, each electronic mailing we send you will contain details of how you can unsubscribe.

Please note that it may take up to 28 days to action your request.

Contacting Us

If you have any questions about this Privacy Policy, please contact us at [email protected] or on +61 447 233 668

If you have any concerns about our use of your information, you also have the right to make a complaint to the Information Commissioner’s Office, which regulates and supervises the use of personal data in the UK, via their helpline on 0303 123 1113.

Changes to this Policy

We may amend this Privacy Policy at any time by posting the amended terms on the Website. All amended terms will automatically take effect immediately on posting. Please check this Privacy Policy periodically to inform yourself of any changes. If you do not accept the changes made to this Privacy Policy you should immediately stop using our Website.