EFFECTIVE JUNE 12 2018
This is the Privacy Notice (the “Privacy Notice”) of GetMyBoat, Inc. d/b/a GetMyBoat (“GetMyBoat,” “we,” or “us”), whose corporate headquarters is located at 950 Tower Lane Ste 2117, Foster City, CA 94404. This Privacy Notice sets out how GetMyBoat collects and processes your Personal Data (as defined below) when you access and use the services provided by GetMyBoat (the “Services”), including (but not limited to) the use of our website at www.getmyboat.com (the “Site” or “Website”), and lists certain of your rights in relation to your Personal Data under applicable law.
This Privacy Notice relates to data about you and your interaction with our Services. “Personal Data,” for purposes of this Privacy Notice, means any information relating to an identified or identifiable natural person (each such person, a “data subject”). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
Data We Collect
Data You Provide To Us
We collect personal data when you use or interact with our Site and Services, including when you register with us. To create an account with us, you will need to provide personal data including your name, email address, and a password.
Interaction with our Site and Making Purchases
We collect personal data when you use or interact with our Site and Services, including when you browse our products online or make purchases from us. In order to book a trip through GetMyBoat, or to provide a trip as a boat owner and receive payment, you will need to provide payment and billing information.
You have choices about the information you provide for your profile, such as a photo, spoken languages, and a short biography. You don't have to provide additional information on your profile; however, profile information helps you to get more from our Services.
Other than the personal information required to create an account (i.e., your name, email address, phone number and password), it is your choice whether to include additional personal data on your profile. We do not require you to provide Sensitive Personal Data to complete your public profile. We recommend that you exercise care in deciding what information and content you wish to disclose on the areas of our Site that are accessible to the general public. Please do not post or add personal data to your profile that you would not want to be publicly available.
You create your public profile (a complete profile helps you get the most from our Services). You don’t have to post or upload personal data through our Site; though if you don’t, it may limit your ability to connect with Owners and Renters over our Services.
You give other data to us, such as by adding boat listings and posting pictures on reviews.
Data From Others
You and others may post content that includes information about you (e.g., as part of reviews of boats or renters) on our Services.
We log usage data when you visit or otherwise use our Services, including our sites and apps, such as when you view or click on content (e.g. boat listings), perform a search, or install or update one of our mobile apps. We use log-ins, cookies, device information and internet protocol ("IP") addresses to identify you and log your use.
We log your visits and use of our Services, including mobile apps.
We collect data through cookies and similar technologies.
Your Device and Location
When you visit our Services, we receive the URL of the site you came from. We also get information about your IP address, proxy server, operating system, web browser and add-ons, device identifier and features, and/or ISP or your mobile carrier. If you use our Services from a mobile device, that device will send us data about your approximate location based on your phone settings. We will ask you to opt-in (i.e., consent) before we collect your precise location.
We receive data from your devices and networks, including location data.
Communications Through Our Services and Promotional Materials
We collect personal data when you communicate with us or sign up to receive promotional materials or information, including email address and phone number. In addition, we collect information about you when you send, receive, or engage with messages in connection with our Services. For example, if you get a Booking Inquiry or Offer, we track whether you have acted on it and will send you reminders to take further actions.
We also collect personal data from you when you provide, post or upload it to our Site or via our Services, such as when you submit a form (e.g., a Boat listing) or upload a review photo to our Site.
We collect information from you when you communicate through our Services.
We may collect information, such as name and email address, from publicly available sources and other third parties, such as marketing data providers, to help us provide and improve the Services and for marketing and advertising. We may combine your personal data with data we obtain from our Services, other users, or third parties to enhance your experience and improve the Services.
Users Under 16 Years of Age
We do not knowingly collect personal data online from individuals under 16 years without parental consent. If you become aware that an individual under 16 years of age has provided us with personal data without parental consent, please contact the data protection officer at firstname.lastname@example.org. If we become aware that an individual under 16 years has provided us with personal data without parental consent, we will take steps to remove the data as permitted by law.
How We Use Your Data
We use your personal data as disclosed in this Privacy Notice. How we use your personal data may depend, in part, on how you use our Services and the choices you make in your settings. We use the data that we have about you to provide, improve, and personalize, including with the help of automated systems and inferences we make, our Services so that they can be more relevant and useful to you and others.
We use your data to provide, support, personalize and develop our Services.
Account Administration and Provision of Services
We use personal data to administer your account, including to verify your identity and to authenticate and authorize access to our Services. For example, we may collect user photographs as an additional security measure for identity verification and fraud-prevention purposes.
Our Services help you book water experiences and list water experiences for other users to book.
Our Services help connect you with potential customers to complete bookings for your boat rental or water experience business that you offer through our Site. To do so, you may choose to publish a listing on our Site with a description of what you offer, and interested customers will send you a booking inquiry via our Site. When customers send you a booking inquiry, you will be able to communicate with each other through custom and automated (triggered by selecting a response action) messages to discuss further details and execute common booking-related actions. Customers can confirm the booking and make a payment through our Site.
We will use data about you and your listing to help others find your listing, and sometimes to promote your listing and our Services. When a customer confirms a booking with you, we will provide your contact information to them to facilitate communication outside our platform as desired or necessary. We will also use your personal data in order to provide payment for a booking for your boat rental or water experience business offering.
Our Services allow you to find and book boat rentals and water experiences. We may use data we have about you and data you provide to show you listings that might match your interests, and we may send details regarding your booking inquiry to listing owners.
When you send a booking inquiry, you and the listing owner will be able to communicate with each other through custom and automated (triggered by selecting a response action) messages to discuss further details and execute common booking-related actions. You can confirm the booking and make a payment through our Site.
When you confirm a booking, we will provide your contact information to the listing owner to facilitate communication outside our platform as desired or necessary.
Communications and Marketing
We may contact you through email, mobile phone, notices posted on our websites or apps, messages to your GetMyBoat inbox, and other ways through our Services, including text messages and push notifications. We will send you messages about the availability of our Services, security, or other service-related issues. We may also send messages about how to use the Services, reminders related to rental or booking inquiries and requests. We may also use your personal information to send you promotional messages from us.
We also enable communications between you and others through our Services, including Booking Inquiries, Offers, and messages.
We may also use personal data to send invitations and communications promoting our Services.
You may change your communication preferences at any time by visiting the account settings section of the Site. Please be advised that you may not be able to opt-out of receiving certain service or transactional messages from us, including security and legal notices, and communications related to the provision of the Services.
We contact you and enable communications between Members. We offer settings to control what messages you receive and how often you receive some types of messages.
Developing Services and Research
We use anonymized data, including public feedback, for analytics purposes and to conduct research and development for the further development and improvement of our Services in order to provide you and others with a better, more intuitive and personalized experience, drive membership growth and engagement on our Services, and help connect Owners and Renters to each other and to economic opportunity.
We use the data (which can include your communications) to investigate, respond to and resolve inquiries, complaints and Service issues.
We use data to respond to requests and maintain the Services.
We use de-identified data to generate aggregate insights.
Crime-Prevention and Legal Purposes
We use data for security, fraud prevention, and legal purposes.
How We Share Information
Public User Profile
The information you provide for your public user profile is fully visible to anybody who visits the Site.
Listings, Wishlists, and Reviews
Our Site allows users to view and share personal data, including through listings, wishlists, and reviews.
- When you create a boat listing, all information you provide in connection with the listing will be publicly viewable, including headline, description, and listing photos.
- When you create a wishlist, unless you make the wishlist private, it will be viewable by any Member or Visitor that has the link to the wishlist.
- When you submit a review (e.g., text and photos) publicly on our Site, it can be viewed by the general public. Members, Visitors and others will be able to find and see your publicly-shared content, including your name (and photo if you have provided one).
Any data that you include on your public profile and any content you publicly post on our Services may be seen by others.
We use other third parties to help us provide our Services (e.g., authentication, maintenance, analysis, audit, payments, fraud detection, marketing and development) as permitted by law. Those third parties may have access to your information as reasonably necessary to perform these tasks on our behalf, and they are obligated not to disclose or use your personal data for other purposes.
We may use others to assist us in the provision of our Services.
It is possible that we may need to disclose information about you when required by law, subpoena, or other legal process, or where we have a good faith belief that disclosure is reasonably necessary to (1) investigate, prevent, or take action regarding suspected or actual illegal or wrongful activities or to assist government agencies; (2) enforce our agreements with you or with third parties; (3) investigate and defend our rights and property, including against any third-party claims or allegations; (4) protect the security or integrity of our Services; or (5) exercise or protect the rights and/or safety of GetMyBoat, our Members, personnel, or other third parties.
We may need to share your data when we believe it’s required by law or to help protect the rights and safety of you, us or others.
Change in Control or Sale
Your Rights, Choices & Obligations
We keep most of your personal data for as long as your account is open.
Rights to Access and Control Your Personal Data
We provide many choices about the collection, use and sharing of your data, from deleting or correcting data you include in your profile and controlling the visibility of your boats to advertising opt-outs and communication controls.
You have the right in certain circumstances to request confirmation from us as to whether or not we are processing your personal data. For personal data that we have about you:
- Delete Data: You can ask us to erase or delete all or some of your personal data (e.g., if it is no longer necessary to provide Services to you).
- Change or Correct Data: You can edit some of your personal data through your account. You can also ask us to change, update or correct your data in certain cases, for example, if your information inaccurate.
- Object to, or Limit or Restrict, Use of Data: You can ask us to stop using all or some of your personal data (e.g., if we have no legal right to keep using it) or to limit our use of it (e.g., if your personal data is inaccurate or unlawfully held).
- Right to Access and/or Take Your Data: You can ask us for a copy of your personal data and can ask for a copy of personal data you provided in machine readable form, or to transmit such data to another controller.
You may also exercise your rights by contacting us at the contact information below. As permitted by law, certain data elements may not be subject to access, modification, portability, restriction, and/or deletion. Furthermore, where permissible, we may charge for this service. We will respond to reasonable requests as soon as practicable and as required by law. If you have questions or concerns about these terms, please contact our Data ProtectionOfficer at email@example.com.
You can access or delete your personal data. You have choices about how your data is collected, used and shared.
We may retain your personal data after you have closed your account if reasonably necessary to comply with our legal obligations (including law enforcement requests), meet regulatory requirements, resolve disputes, maintain security, prevent fraud and abuse, enforce our User Agreement, or fulfill your request to “unsubscribe” from further messages from us, or for other legal purposes. We may retain anonymized information after your account has been closed.
Please note that information you have shared with others (e.g., through posting a review on our Site) may remain visible after you close your account or delete the information from your own profile or mailbox, so we recommend that you exercise care in deciding what information and content you wish to disclose on the areas of our Site that are accessible to the general public. Review content associated with closed accounts will show an unknown user as the source of the review. Your profile may continue to be displayed in the services of others (e.g., search engine results) until those third parties refresh their cache.
We may keep certain data after you close your account.
Other Important Information
Security and Links to Third-Party Sites
We implement technical and organizational security safeguards designed to protect your personal data, such as HTTPS. We regularly monitor our systems for potential vulnerabilities. However, please be advised that we cannot fully eliminate security risks associated with the storage and transmission of personal data.
We implement technical and organizational security safeguards designed to protect your personal data.
Cross-Border Data Transfers
We may process and store your data outside of your country.
We process data both inside and outside of the United States and rely on legally-provided mechanisms to lawfully transfer data across borders as required by applicable law. Countries where we process data may have laws which are different, and potentially not as protective, as the laws of your own country. By using our Services and/or submitting your personal data, you agree to the transfer, storage, and/or processing of your personal data in the United States.
Lawful Bases for Processing
We will only collect and process personal data about you where we have lawful bases. In some cases, we will ask for your consent so that we may process your personal data. However, in certain circumstances, applicable data protection laws allow us to process your personal data without needing to obtain your consent. For example, in certain cases, separate consent is not required, including:
- For the performance of a contract. To perform our contractual obligations to you, including our fulfilling orders or purchases you have made, contacting you in relation to any issues with your order or use of our Services, in relation to the provision of our Services, or where we need to provide your personal data to our service providers related to the provision of the Services, including for account activation and management.
- To comply with legal obligations. To comply with laws, regulators, court orders, or other legal obligations, or pursuant to legal process.
- Legitimate Interests. To operate our business and provide our Services (other than in performing our contractual obligations to you) for our “legitimate interests” and for the purposes of applicable law, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data. Legitimate interests may include:
- To communicate with you regarding the Services and to address and respond to your requests, inquiries, and complaints.
- For our direct marketing purposes.
- To send you surveys in connection with our Services.
- To assist in the investigation of suspected illegal or wrongful activity, and to protect and defend our rights and property, or the rights or safety of third parties.
- For fraud, loss, and other crime prevention purposes.
- To develop, provide, and improve our Services.
- To protect data subjects’ vital interests.To protect the vital interests of you or of another person.
In cases where we are not already authorized to process the personal data under applicable law, we may ask for your consent to process your Personal Data, including:
- Marketing. We may ask for your consent for GetMyBoat, Inc. d/b/a GetMyBoat and GetMyBoat.com or our partners or vendors to contact you by telephone, SMS, post and/or email about other offers, products, promotions, developments or Services which we think may be of interest to you and for other marketing purposes.
- Precise Location Data. We may request your consent to collect your precise location. Our Services may require this data to provide the Services. If you choose not to provide this information, certain Services or features may be unavailable or not function properly.
A “cookie” is a small text file that a web server stores in browser software. A browser sends cookies to a server when the browser makes a connection to the server (for example, when requesting a web page from the same domain that created the cookie). The purpose of cookies is to remember the browser over time and distinguish one browser instance (or user) from all others. Some cookies and other technologies may serve to track Personal Data previously entered by a web user on our site. Most browsers allow you to control cookies, including whether or not to accept them, and how to remove them. Cookies can remember login information, preferences, and similar information.
Cookies, as well as other tracking technologies such as HTML5 local storage, and Local Shared Objects (such as “Flash” cookies), and similar mechanisms, may record information such as a unique identifier, information you enter in a form, IP address, and other categories of data.
We also use web beacons or “pixels,” and in certain circumstances may collect IP address, screen resolution and browser software and operating system types; clickstream patterns; dates and times that our site is accessed, and other categories of data.
If you want to block the use and saving of cookies from the Site on to their computers hard drive, you should take the necessary steps within your web browser’s settings to block all cookies from the Site and its external serving vendors. Please note that if you choose to erase or block your cookies, certain parts of our Site may not function correctly. For information on how to disable cookies, refer to your browser’s documentation.
Where we rely on your consent to process personal data, you have the right to withdraw or decline your consent at any time, provided that we are not required by applicable law or professional standards to retain such information. Please note, however, that if you do not provide consent or if you withdraw your consent, we may be unable to provide you certain Services that require the use of personal data.
If you want to stop receiving future marketing messages and materials, you can do so by clicking the “unsubscribe” link included in our email marketing messages or by contacting us at firstname.lastname@example.org.
Where we rely on legitimate interests, you have the right to object. If you have any questions about the lawful bases upon which we collect and use your personal data, please contact our Support Team here.
We have lawful bases to collect, use and share data about you. You have choices about our use of your data.
The opt-outs for interest-based advertising require that strictly necessary cookies are not blocked by the settings in your web browser. We support the Self-Regulatory Principles for Online Behavioral Advertising of the Digital Advertising Alliance in the U.S., the Canadian Digital Advertising Alliance in Canada, and the European Digital Advertising Alliance in the EU. If you live in the United States, Canada, or the European Union, you can visit Ad Choices (US), Your Ad Choices (Canada), or Your Online Choices (EU) to find a convenient place to opt-out of interest-based advertising with participating entities for each region. These websites also provide detailed information about how interest-based advertising works. Opting out does not mean that you will no longer receive advertising from us, or when you use the Internet. It just means that the data collected from our website will not be used for interest-based advertising and that the advertising you see displayed on websites will not be customized to your interests.
Social Network Widgets
Our Site may include social network sharing widgets that may provide information to their associated social networks or third-parties about your interactions with our web pages that you visit, even if you do not click on or otherwise interact with the plug-in or widget. Information is transmitted from your browser and may include an identifier assigned by the social network or third party, information about your browser type, operating system, device type, IP address, and the URL of the web page where widget appears. If you use social network tools or visit social networking sites, you should read their privacy disclosures, to learn what information they collect, use, and share.
Third-Party Direct Marketing
We do not share personal data with third parties for their direct marketing purposes.
Contact Information for Questions or Complaints
If you have questions or complaints regarding this Policy, please contact GetMyBoat online. You can also reach us by phone (818-927-2148) email (email@example.com) and physical mail (950 Tower Lane Ste 2117, Foster City, CA 94404).
You can also contact our Data Protection Officer on firstname.lastname@example.org. You may also have a right to lodge a complaint with a supervisory authority.
You can contact us or use other options to resolve any complaints.