Privacy Policy & Legal Disclaimer

1. Legal Entity Identification

ESPADARTE MARITIME SERVICES LTDA
Operating under the brand name Espadarte™ Port & Maritime Services
Brazilian Company Registry (CNPJ/Tax ID): 59.729.945/0001-91

Espadarte provides independent marine surveying, inspection, and maritime advisory services, aligned with industry best practices, P&I Club requirements, and internationally accepted procedures.

PART I — PRIVACY POLICY

2. Regulatory Framework & Compliance

Espadarte processes personal and operational data in accordance with:

• Lei Geral de Proteção de Dados – LGPD (Law No. 13.709/2018 – Brazil)

• GDPR principles (EU Regulation 2016/679), where applicable

• International best practices for data protection, confidentiality, and information security

This policy reflects the principles of:

• Lawfulness, fairness, and transparency

• Purpose limitation

• Data minimization

• Accuracy

• Storage limitation

• Integrity and confidentiality

• Accountability

3. Categories of Data Processed

3.1 Personal Data (Professional Context)

• Full name

• Job title and employer

• Professional email address

• Telephone number

• Port agent or operational contact details

3.2 Operational & Maritime Data

• Vessel name, IMO number, flag

• Port of call, terminal, berth, and operational timestamps

• Cargo type, quantity, condition, and stowage data

• Bunker operations data (BQS, sampling, sealing)

• Draft readings, measurements, photographs, and observations

• Survey instructions and correspondence

3.3 Technical & Website Data

• IP address

• Browser and device information

• Access logs and interaction metrics

• Cookies and analytics data

Espadarte does not intentionally process sensitive personal data unrelated to maritime operations.

4. Purpose of Processing

Data is processed strictly for legitimate, defined, and necessary purposes, including:

• Execution of marine surveys and inspections

• Issuance of factual, objective, and technical reports

• Compliance with contractual, regulatory, and P&I requirements

• Operational coordination with agents, terminals, and authorities

• Defense or support of claims, disputes, or investigations

• Improvement of service quality and operational efficiency

No data is collected or processed for automated decision-making or profiling.

5. Legal Basis for Processing (LGPD & GDPR)

Processing is grounded on one or more of the following legal bases:

• Performance of a contract or pre-contractual measures

• Legitimate interest related to maritime safety, compliance, and documentation

• Legal or regulatory obligation

• Explicit consent, when applicable and required

6. Data Sharing & International Transfers

Data may be shared only when operationally or legally necessary, with:

• P&I Clubs, insurers, and legal representatives

• Shipowners, charterers, managers, and operators

• Port agents, terminals, and port authorities

• Subcontractors under strict confidentiality obligations

Where international transfers occur, Espadarte ensures appropriate safeguards consistent with LGPD and GDPR standards.

7. Data Retention & Storage

Data is retained only for the period necessary to:

• Fulfill operational and contractual purposes

• Comply with maritime, insurance, and legal obligations

• Support claims, defenses, or audits

After this period, data is securely deleted or anonymized.

8. Data Subject Rights

Under LGPD and GDPR-aligned principles, data subjects may request:

• Confirmation of data processing

• Access to processed data

• Correction of inaccurate or outdated data

• Anonymization, blocking, or deletion (where legally permissible)

• Information on data sharing

• Revocation of consent, when applicable

Requests must be submitted through official Espadarte contact channels.

PART II — LEGAL DISCLAIMER

9. Nature and Scope of Services

All surveys, inspections, measurements, and reports issued by Espadarte™ Port & Maritime Services are:

• Non-destructive

• Visual and factual in nature, unless expressly stated otherwise

• Conducted at a specific time, date, location, and condition

• Based solely on conditions observed during attendance

No continuous monitoring or future condition guarantee is implied.

10. Limitation of Responsibility

Espadarte does not:

• Certify seaworthiness, class status, or structural integrity

• Provide guarantees beyond observed facts

• Assume responsibility for latent defects, hidden damage, or subsequent deterioration

• Replace statutory surveys, class surveys, or flag inspections

Reports reflect conditions at the time of inspection only.

11. Use and Reliance on Reports

Survey reports are issued exclusively for the instructing party and for the specific purpose stated in the instructions.

• Third-party reliance is strictly prohibited without written authorization

• Reports may not be partially reproduced, edited, or taken out of context

• Espadarte accepts no liability for misuse or unauthorized distribution

12. No Legal, Commercial, or Navigational Advice

Reports and communications issued by Espadarte do not constitute:

• Legal advice

• Commercial valuation

• Navigational guidance

• Warranty or insurance certification

Any decisions taken based on reports are at the sole discretion and risk of the recipient.

13. Force Majeure & Operational Constraints

Espadarte shall not be liable for delays, limitations, or incomplete inspections caused by:

• Weather conditions

• Safety restrictions

• Port authority limitations

• Vessel access constraints

• Instructions or omissions by third parties

14. Governing Law & Jurisdiction

This Privacy Policy and Legal Disclaimer shall be governed by the laws of the Federative Republic of Brazil, without prejudice to mandatory international regulations where applicable.

15. Contact Information

For privacy, legal, or compliance inquiries:

ESPADARTE MARITIME SERVICES LTDA
Operating as Espadarte™ Port & Maritime Services
📧 Email: operations@marespadarte.com