Privacy Policy: General Data Protection Regulation (GDPR)

Background:

SkipperMyBoat Inc. respects and values the privacy of everyone who visits Our Site and will only collect and use information in ways that are useful to you as a User and in a manner consistent with your User rights and Our obligations under the law.

This Policy applies to Our use of any and all data collected by us in relation to your use of Our Site. Please read this Privacy Policy carefully and ensure that you understand it. Your acceptance of Our Privacy Policy is deemed to occur upon your first use of Our Site. If you do not accept and agree with this Privacy Policy, you must stop using Our Site immediately.

1. Definitions and Interpretation:

In this Policy, the following terms shall have the following meanings:


2. Information About Us:

2.1.1 Our Site, SkipperMyBoat.com, is operated by SkipperMyBoat Inc.,

2.1.2 Our data protection officer is [Emily Harper] who can be contacted at [[email protected]]

3. Scope – What Does This Policy Cover?

3.1.1 This Privacy Policy applies only to your use of Our Site. It does not extend to any websites that are linked to or from Our Site (whether We provide those links or whether they are shared by other users). We have no control over how your data is collected, stored or used by other websites and We advise you to check the privacy policies of any such websites before providing any data to them.

4. What Data Do We Collect?

4.1.1 Some data will be collected automatically by Our Site. Other data will only be collected if you voluntarily submit it and consent to Us using it for the purposes set out in section 5. For example, when signing up for an Account, Depending upon your use of Our Site, We may collect some or all of the data that follows:

5. How Do We Use Your Data?

5.1.1 All personal data is stored securely in accordance with the EU General Data Protection Regulation (Regulation (EU) 2016/679) (GDPR). For more details on security see section 6, below.

5.1.2 We use your data to provide the best possible products and services to you. This includes the following:


A) 5.1.3  In some cases, the collection of data may be a statutory or contractual requirement, and for Us to be able to use such data, We may be limited in the products and services that We are permitted to provide you without your consent.

B) 5.1.4  With your permission and/or where permitted by law, We may also use your data for marketing purposes which may include contacting you by email AND/OR telephone AND/OR text message with information, news and offers on Our services. We will not, however, send you any unsolicited marketing or spam and will take all reasonable steps to ensure that We fully protect your rights and comply with Our obligations under the GDPR and the Privacy and Electronic Communications (ECDirective) Regulations 2003, as amended in 2004, 2011 and 2015.

C) 5.1.5  Advertisers whose content appears on Our Site may engage in what is known as “behavioral advertising” – advertising which is tailored to your preferences, based on your activity. Your activity is monitored using Cookies, as detailed below in section 12. You can control and limit your data used in this way by adjusting your web browser’s privacy settings. Please note that We do not control the activities of such advertisers, nor the information they collect and use. Limiting the use of your data in this way will not remove the advertising, but it will make it less relevant to your interests and activities on Our Site.

D) 5.1.6  Under GDPR, We will ensure that your personal data is processed lawfully, fairly, and transparently without adversely affecting your rights. We will only process your personal data if at least one of the following basis applies:

1)  You have given consent to the processing of your personal data for one or more specific purposes;

2)  Processing is necessary for the performance of a contract to which you are a party or in order to take steps at the request of you prior to entering into a contract;

3)  Processing is necessary for compliance with a legal obligation to which we are subject;

4)  Processing is necessary to protect the vital interests of you or of another natural person;

5)  Processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller; and/or

6)  Processing is necessary for the purposes of the legitimate interests pursued by us or by a third party, except where such interests are overridden by the fundamental rights and freedoms of the data subject which require protection of personal data; in particular, where the data subject is a child.

6. How and Where Do We Store Your Data?

6.1.1  We keep your data only for as long as We need to in order to use it as described above in section 5, and/or for as long as We have your permission to keep it. In any event, We will conduct an annual review to ascertain whether we need to keep your data. Your data will be deleted if we no longer need it in accordance with the terms of our Data Retention Policy.

6.1.2  Data security is of great importance to Us, and to protect your data We have put in place suitable physical, electronic and managerial procedures to safeguard and secure data collected through Our Site.

6.1.3  We take steps to make sure your data is secure.

6.1.4  Notwithstanding the security measures that We take, it is important to remember that the transmission of data via the internet may not be completely secure and that you are advised to take suitable precautions when transmitting data to Us via the internet.

7. Do We Share Your Data?

7.1.1 We may contract with third parties to supply products and services to you on Our behalf. These may include payment processing, delivery of goods, search engine facilities, advertising, and marketing. In some cases, the third parties may require access to some or all of your data. Where any of your data is required for such a purpose, We will take all reasonable steps to ensure that your data will be handled safely, securely, and in accordance with your rights. These are Our obligations, and the obligations of the third party under the law. We currently contract with:

Intercom

Stripe Connect

Google Analytics

7.1.2  We may compile statistics about the use of Our Site including data on traffic, usage patterns, user numbers, sales, and other information. All such data will be anonymized and will not include any personally identifying information. We may from time to time share such data with third parties such as prospective investors, affiliates, partners and advertisers. Data will only be shared and used within the bounds of the law.

7.1.3  In certain circumstances, We may be legally required to share certain data held by Us which may include your personal information. For example, where We are involved in legal proceedings, where We are complying with the requirements of legislation, a court order, or a governmental authority. We do not require any further consent from you in order to share your data in such circumstances and will comply as required with any legally binding request that is made of Us.

8. What Happens If Our Business Changes Hands?

8.1.1  We may, from time to time, expand or reduce Our business and this may involve the sale and/or the transfer of control of all or part of Our business. Data provided by users will, where it is relevant to any part of Our business so transferred, be transferred along with that part and the new owner or newly controlling party will, under the terms of this Privacy Policy, be permitted to use the data for the purposes for which it was originally collected by Us.

8.1.2  In the event that any of your data is to be transferred in such a manner, we will contact you and inform you about it.

9. How Can You Control Your Data?

9.1.1 When you submit information via Our Site, you may be given options to restrict Our use of your data. We aim to give you strong controls on Our use of your data (including the ability to opt-out of receiving emails from Us which you may do by unsubscribing using the links provided in Our emails or contact us directly.

10. Your Right to Withhold Information and Your Right to Withdraw Information After You Have Given it

10.1.1  You may restrict your internet browser’s use of Cookies. For more information, see section 12

10.1.2  You may withdraw your consent for Us to use your personal data, as set out in section in 5, at any time by contacting Us using the details set out in section 15, and We will delete Your data from Our systems. However, you acknowledge this may limit Our ability to provide the best possible service to you.

11. How Can You Access Your Data?

11.1.1 You have the legal right to ask for a copy of any of your personal data held by Us (where such data is held). Please Contact Us for more details at the following email: 

[email protected]

12. What Cookies Do We Use and What For?

12.1.1  Our Site may place and access certain first-party Cookies on your computer or device. First-party Cookies are those placed directly by Us and are used only by Us. We use Cookies to facilitate and improve your experience of Our Site and to provide and improve Our services/products. For more details, please refer to section 5, above, and to section 12.6, below. We have carefully chosen these Cookies and have taken steps to ensure that your privacy is protected and respected at all times.

12.1.2  By using Our Site you may also receive certain third-party Cookies on your computer or device. Third-party Cookies are those placed by websites, services, and/or parties other than Us. We use third-party Cookies on Our Site for marketing and understanding our target audience. For more details, please refer to section 5, above, and to section 12.6, below. These Cookies are not integral to the functioning of Our Site.

12.1.3  All Cookies used by and on Our Site are used in accordance with current English and EU Cookie Law.

12.1.4  Certain features of Our Site depend on Cookies to function. EU Cookie Law deems these Cookies to be “strictly necessary.” These Cookies are shown below in section 12.6. Your consent will not be sought to place these Cookies. You may still block these Cookies by changing your internet browser’s settings as detailed below in section 12.10, but please be aware that Our Site may not work as intended if you do so. We have taken great care to ensure that your privacy is not at risk by allowing them.

12.1.5 The following first-party Cookies may be placed on your computer or device:

'user'

 - This cookie is used to keep you signed in between sessions and during your visit on our site.

'cookies_allow'

 - A generic cookie to allow us to check whether you have previously consented to cookies on our domain. 

12.1.6  Our Site uses analytics services provided by Google Analytics. Website analytics refers to a set of tools used to collect and analyze usage statistics, enabling Us to better understand how people use Our Site. However, while Our use of them does not pose any risk to your privacy or your safe use of Our Site, it does enable Us to continually improve Our Site, making it a better and more useful experience for you.

12.1.7  The analytics service(s) used by Our Site use(s) the following Cookies:

12.1.8  You can choose to enable or disable Cookies in your internet browser. Most internet browsers also enable you to choose whether you wish to disable all cookies or only third-party cookies. By default, most internet browsers accept Cookies but this can be changed. For further details, please consult the help menu in your internet browser or the documentation that came with your device.

12.1.9  You can choose to delete Cookies at any time, however, you may lose any information that enables you to access Our Site more quickly and efficiently including, but not limited to, login and personalization settings.

12.1.10  It is recommended that you keep your internet browser and operating system up-to-date and that you consult the help and guidance provided by the developer of your internet browser and manufacturer of your computer or device if you are unsure about adjusting your privacy settings.

12.1.11 We provide a limited amount of your information (such as sign-up date and some personal information like your email address) to Intercom Inc. (“Intercom”) and utilize Intercom to collect data for analytics purposes when you visit our website or use our product. As a data processor acting on our behalf, Intercom analyzes your use of our website and/or product and tracks our relationship by way of cookies and similar technologies so that we can improve our service to you. For more information on Intercom's use of cookies, please visit: https://www.intercom.com/terms-and-policies#cookie-policy. We may also use Intercom as a medium for communications, either through email or through messages within our product(s). As part of our service agreements, Intercom collects publicly available contact and social information related to you, such as your email address, gender, company, job title, photos, website URLs, social network handles and physical addresses to enhance your user experience. For more information on the privacy practices of Intercom, please visit https://www.intercom.com/terms-and-policies#privacy. Intercom’s services are governed by Intercom’s terms of use which can be found at https://www.intercom.com/terms-and-policies#terms. If you would like to opt out of having this information collected by or submitted to Intercom, please contact us. 

12.1.12 The Stripe Connect Platform Agreement (“Connect Platform Agreement”) is an agreement between the legal entity (including sole proprietors) that you identified on the registration page (“you”) and Stripe. Your integration and use of Stripe Connect with your platform (“Platform”) are subject to your acceptance of the terms and conditions of this Connect Platform Agreement and the Stripe Services Agreement. By integrating and using Stripe Connect, you expressly agree to the terms and conditions of this Connect Platform Agreement, the Stripe Services Agreement, and any updates or modifications to either of those documents made from time to time by Stripe. 

Summary of Your Rights under GDPR
Under the GDPR, you have:

13.1 The right to request access to, deletion of, or correction of your personal data held by Us;

13.2 The right to complain to a supervisory authority;

13.3 Be informed of what data processing is taking place;

13.4 The right to restrict processing;

13.5 The right to data portability;

13.6 Object to the processing of your personal data;

13.7 Rights with respect to automated decision-making and profiling (see section 14 below).

To enforce any of the foregoing rights or if you have any other questions about Our Site or this Privacy Policy, please contact Us using the details set out in section 15 below.

14. Automated Decision-Making and Profiling:

14.1.1 In the event that We use personal data for the purposes of automated decision-making and those decisions have a legal (or similarly significant effect) on You, You have the right to challenge such decisions under GDPR through requesting human intervention, expressing your own point of view, and obtaining an explanation of the decision from Us.

14.1.2 The right described in section 14.1 does not apply in the following circumstances:

A)  The decision is necessary for the entry into, or performance of, a contract between You and Us;

B)  The decision is authorized by law; or

C)  You have given you explicit consent.

14.1.3  Where We use your personal data for profiling purposes, the following shall apply:

A) Clear information explaining the profiling will be provided, including its significance and the likely consequences;

B) Appropriate mathematical or statistical procedures will be used;

C) Technical and organizational measures necessary to minimize the risk of errors and to enable such errors to be easily corrected shall be implemented; and

D) All personal data processed for profiling purposes shall be secured in order to prevent discriminatory effects arising out of profiling.

15. Contacting Us:

15.1.1  If you have any questions about Our Site or this Privacy Policy, please Contact Us by email at: [[email protected]], by telephone on [ +1 512-900-2374], or by post at [ 8 The Green St. A, Dover DE, 19901]. Please ensure that your query is clear, particularly, if it is a request for information about the data We hold about you (as under section 11, above).

16. Changes to Our Privacy Policy:

16.1.1 We may change this Privacy Policy as we may deem necessary from time to time, or as may be required by law. Any changes will be immediately posted on Our Site and you will be deemed to have accepted the terms of the Privacy Policy on your first use of Our Site following the alterations. We recommend that you check this page regularly to keep up-to-date.

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