Privacy Policy - United States and Canada
YachtClub INC, its subsidiaries, related companies, and/or affiliates ("YachtClub INC," "we," "us," or "our") offer services ("Services") to users ("Users") through our website, www.theyachtclub.ai and associated software application(s) ("Apps") (collectively, the "Site"). In so doing, we provide services on the Site to Users of the Site and service providers ("Licensors") (collectively, Users and Licensors of the Site may be referred to as "you" or "your").
YachtClub INC values individual privacy rights and wants to give you the opportunity to understand the kind of information that we collect and how you can control our collection, use, and sharing of your information, including Personal Information (defined below), as detailed in this privacy policy ("Privacy Policy"). By using the Services or the Site, you agree that you have read and understood the Privacy Policy. The Privacy Policy describes:
- the information that YachtClub INC collects from you;
- how that information is used, transferred, and disclosed by YachtClub INC; and
- the rights and options available to you.
This Privacy Policy is incorporated as part of the YachtClub INC Terms and Conditions, available at our Terms & Conditions page. This Privacy Policy does not apply to workforce-related Personal Information collected from job applicants.
Thank you for reading our Privacy Policy. We hope you enjoy using YachtClub INC!
Table of Contents
Please use this table of contents to quickly navigate to specific sections of the privacy policy that are of interest to you.
- Information We Collect
- How We Use the Information We Collect
- How We Disclose Your Information
- Deidentified Information
- Location Information
- Text Messaging
- Use By Children
- Cookies and Interest Based Advertising
- Your Rights and Choices
- Linked Sites and Third Party Use of Information
- Data Integrity and Security
- International Users
- Retention
- Modifications to this Privacy Policy
- Contact Information
- State and Country Specific Rights
- Verifiable Consumer Request
1. Information We Collect
We collect, transmit, and store information that you provide directly to us through (i) use of the Site or Apps, (ii) creation or modification of an account, (iii) requesting to use YachtClub INC's Services as a User or Licensor, (iv) contacting of customer support or other similar communications; and (v) other instances where you may voluntarily provide it to us.
While our collection of information varies based upon our interactions with you, we may collect certain Personal Information. For purposes of this Privacy Policy, "Personal Information" means any information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual or household. Personal Information does not, however, include publicly available information from government records, deidentified or aggregate information, or information excluded from the scope of applicable data privacy laws.
The type of Personal Information we may collect, use, transmit, and store is described below:
Categories of Personal Information
Identifiers
When you create a YachtClub INC account as a User or Licensor, we store and use information you provide during the account creation process as a User or account onboarding process as a Licensor, such as first and last name, email address, phone number, postal address, login and password information, vessel information such as, registration information and make/model/year of a vessel, and other similar account information ("Account Information")
Payment Information
When you use our Site a Licensor, we may collect financial information, such as bank account or wire transfer information to facilitate payments directly to you. If you are using the Site to manage Billing Statements, limited credit card and bank account information may be collected by YachtClub INC and more detailed credit card or bank account information may be collected by our payment processor, Square (https://squareup.com/us/en/legal/general/privacy). We never have access to your full credit card number, but, to administer your account and prevent fraud, we may have limited access to the following: the type of credit card you used (Visa, AmEx, etc.), the last four digits of the card number, and the card's expiration date;
Internet or Other Similar Network Activities
The IP address from which you access the Site; cookie data; network connection type; browser type; the name of the domain from which you access the internet; the type of device, browser and operating system used to access the Site; the date and time you access the Site and the duration and stop time of such access; the information about any person or entity from whom you were referred; the pages, files, documents and links that you visit; the internet address of the website from which you linked to the Site;
Commercial Information and Inferences
Information about your use of the Site or your usage of the Services generally; information you provide voluntarily when participating in surveys or product improvement interviews; and
Geolocation Information
Geolocation information including, with your consent, precise geolocation information.
2. How We Use the Information We Collect
Consistent with the permission you give us to collect Personal Information from you, YachtClub INC may use such Personal Information for the following legitimate business purposes:
- To provide, personalize, and improve your experience with the Services and Site and our advertising made available on or outside of the Site;
- To ensure technical functionality of the Services, develop new products and services, and analyze your use of the Services, including your interaction with applications, advertising, products and services that are made available, linked to, or offered through the Services;
- To communicate with you for Service-related or research purposes including via e-mails, notifications, text messages, or other messages, which you agree to receive;
- To communicate with you, either directly or through one of our partners, for marketing and promotional purposes via e-mails, notifications, or other messages consistent with any permissions you may have communicated to us;
- To facilitate payment processing through our third party payment processor, Square, or prevent or detect fraud;
- To facilitate payments directly to you as a Licensor;
- With your consent, to calculate distance to available services and show you services near your location;
- To enforce this Privacy Policy, the Terms and Conditions, and any other terms that you have agreed to, including to protect the rights, property, or safety of YachtClub INC, Users, Licensors, or any other person, or the copyright-protected content of the Services;
- To fulfill the purpose for which you submitted the information and for other uses consistent with that purpose; and
- As otherwise stated in this Privacy Policy.
3. How We Disclose Your Information
In certain circumstances, we may disclose your Personal Information to third parties for a business purpose, as described below. Otherwise, we do not sell, rent, lease, or "share" Personal Information, and will not disclose your Personal Information to third parties for purposes of their direct marketing without providing notice to you.
With our Affiliates
We share your Personal Information with our affiliates, subsidiaries, and other companies under common control, including companies within the YachtClub INC group, and require them to honor this Privacy Policy as well.
With Licensors
If you are a User, we share your Personal Information with Licensors for the Licensors' own business uses, including marketing to you.
With Users
If you are a Licensor, we share your information with Users for providing customer support.
With our Service Providers
We share your Personal Information with our service providers who assist us in performing certain services and functions necessary to operate our business, the Site and provide our Marketing Services to you, including services related to communications and hosting, security and fraud prevention, technical and customer support, tracking and reporting usage, marketing and targeted advertising, payment processing and other functions. YachtClub INC shares Personal Information with its service providers subject to obligations consistent with this Privacy Policy, and on the condition that Personal Information is only used on YachtClub INC's behalf and pursuant to our instructions.
With Business Partners
YachtClub INC works closely with a number of business partners that assist us and/or Licensors. These business partners' processing of your Personal Information will be governed by their own privacy policies. We encourage you to read the privacy policies of these third parties.
With Payment Processors
We share your Personal Information with our third party payment processor, Square, for payment processing purposes. If you are a Licensor, we share your Personal Information with banks and other financial institutions in order to make payments to you.
To Complete Business Transfers
If we become involved in a transaction involving the sale of all or substantially all of our assets, such as a merger or acquisition, or if we are transferred to another company, we may disclose and/or transfer your Personal Information as part of the transaction. If the surviving entity in that transaction is not us, the surviving company may use your Personal Information pursuant to its own privacy policies, and those policies may be different from this Privacy Policy.
With Marketing, Advertising, and Analytics Service Providers
We may share Personal Information about you with our data analytics and advertising service providers, such as Google Analytics, to help us measure traffic and usage trends for the Site and to understand more about the demographics and behaviors of our Users and Licensors. These companies may collect personal information when you interact with our digital property, including IP addresses, digital identifiers, information about your web browsing and app usage and how you interact with our properties and ads for a variety of purposes, such as personalization of offers or advertisements, analytics about how you engage with websites or ads and other commercial purposes. To learn more about Google's privacy practices, click here. To access and use the Google Analytics Opt-out Browser Add-on, click here. Additionally, we may share Personal Information with our marketing and advertising services providers, to show you a variety of personalized ads, promotions, and targeted content. To exercise any of your country or state-specific rights to opt-out of the processing of your Personal Information for such purposes under applicable privacy laws, please use the Verifiable Consumer Request method described in Section 17 below or click on the "Do Not Sell or Share My Personal Information" button located on the footer of the Site.
To Protect Rights and Property
We may disclose your Personal Information to third parties when we believe in good faith that disclosure is necessary to protect our rights, our property, personal safety, or the interests of you or any other person, and to detect, prevent and/or otherwise address fraud, risk management, security or technical issues.
To Comply with and as Required by Law
We may disclose your Personal Information to government authorities or other relevant third parties in order to comply with applicable legal requirements, judicial proceedings, court orders, legal process, or lawful requests from governmental authorities. We may also disclose your Personal Information in the good-faith belief that such action is necessary to protect our rights, interests, or property, or to protect your safety or the safety of others.
Aggregate or Anonymous Information
We share User information in the aggregate with third parties, such as Licensors that use our Services. For example, we may disclose the number of Users that have visited services in a particular city or a particular location.
At Your Request
We also share your Personal Information as directed or requested by you, or otherwise with your consent.
Categories of Recipients:
We disclose (and have disclosed within the previous 12 months) the categories of Personal Information identified in Section 1 to the categories of third party recipients indicated below, in each case for one or more of the lawful business purposes described in this Section 3:
- Affiliates;
- Licensors;
- Other Users;
- Service Providers;
- Business Partners;
- Law Enforcement/Government Authorities; and
- Third Parties to a Business Transfer
4. Deidentified Information
In addition to Personal Information, we may also collect deidentified information from you and aggregate information that may not by itself reasonably identify you as the source when you navigate the Site ("Deidentified Information"). Deidentified Information may include: (i) device type, (ii) device operating system, (iii) internet browser type, (iv) internet service provider, (v) referring/exit pages, (vi) date/time stamp, and (vii) clickstream information. We will take reasonable measures to ensure that Deidentified Information we collect is not personally identifiable and may not later be easily used to identify you as required by applicable law. When we receive or use deidentified information, we maintain it in deidentified form and do not attempt to reidentify the information.
5. Location Information
When you use the Site, we may collect and store general location information, such as an IP address. If you permit us to access location services through the permission system used by your mobile operating system or browser, we may also collect the precise geolocation of your device when the Site is running in the foreground or background of your device. This information may be used to help you locate services near you. You do not have to enable precise geolocation data to use the Site, but its functionality may be affected by your choice.
6. Text Messaging
YachtClub INC may use the mobile phone number or similar contact information that you provided to us to send text messages to provide you with the Services. YachtClub INC may also use the mobile phone number or similar contact information that you provided to us to send marketing and promotional text messages with your consent. Additionally, YachtClub INC may send you a text message containing a link to download its Apps, based on your request. Each text will contain instructions permitting you to "opt-out" of receiving future text message communications. However, you cannot revoke your authorization for fraud related communications or legally required communications.
7. Use by Children
The Services and Site are not intended for use by persons under the age of 16 in the United States (or under the age of majority in Canada, as applicable). We do not seek or knowingly collect Personal Information from individuals under the age of 16, and we request that such individuals do not provide such information. If you are under 16 and a resident of the United States (or under the age of majority in your respective Canadian jurisdiction), you may not use either the Marketing Services or Site. If we learn we have collected or received Personal Information from a child under the age of 16, we will take reasonable measures to promptly delete such information from our systems.
9. Your Rights and Choices
YachtClub INC provides ways for you to access and delete your personal information as well as exercise applicable data rights that give you certain control over your personal information. Your Rights and Choices include:
Email Subscriptions
We may, from time to time, communicate with you via email. If you no longer wish to receive promotional emails from us, please let us know by clicking unsubscribe in those messages or by emailing us at support@theyachtclub.ai. Please note that, although you can opt not to receive promotional emails, we reserve the right to send you informational emails about any administrative notices regarding the Site and Services or important information about your account, as permitted under the CAN-SPAM Act (15 U.S.C. §7701 et seq.).
Text Messages
You can opt-out of receiving text messages by texting STOP from the mobile device receiving the messages. Opting-out of receiving text messages may limit your ability to take advantage of our full range of features and services.
Push Notifications
You can opt out of receiving push notifications through your device settings. Please note that opting out of receiving push notifications may impact your use of the Site or Services.
Location Information
You can prevent your device from sharing location information through your device's system settings. If you do, this may limit our ability to provide you our full range of features and services.
Cookie Tracking
You may also enable online, where available, a universal opt-out preference tool (such as the Global Privacy Control ("GPC") signal) that automatically communicates your opt-out preferences, which we intend to respect. Some internet browsers may transmit "do-not-track" signals to websites with which the browser communicates. The Site does not currently respond to these "do-not-track" signals.
Accessing Your Account
You can access or correct your account information at any time by logging into your account or by contacting support@theyachtclub.ai (if you are a User) or sellersupport@theyachtclub.ai (if you are a Licensor). If you wish to close your account, please contact support@theyachtclub.ai (if you are a User) or sellersupport@theyachtclub.ai (if you are a Licensor).
Deleting Your Account
You can delete your User account through the YachtClub INC iOS mobile app by opening the YachtClub INC app, clicking Account --> Privacy --> Delete My Account. Please note that in some cases we may retain certain information about you as required by law, or for legitimate business purposes to the extent permitted by law. Please note that deleting your account is permanent and cannot be undone.
State and Country Specific Rights
Some states provide specific, additional rights to their residents regarding Personal Information. For more information about these rights and how to exercise them, see the State and Country Specific Rights section below.
10. Linked Sites and Third Party Use of Information
The Site may contain links to other websites or applications ("Linked Sites") that are not owned by YachtClub INC, such as websites of Licensors. We do not control the collection or use of any information, including Personal Information, which occurs while you visit Linked Sites. Therefore, we make no representations or warranties for—and will not in any way be liable for—any content, products, services, software, or other materials available on Linked Sites, even if one or more pages of the Linked Site are framed within the Site.
11. Data Integrity and Security
We utilize information technology security to keep the information that you provide to us through the Site secure. We also attempt to have privacy protection controls in place with our vendors in order to ensure that your Personal Information is protected from unauthorized access or disclosure. Only authorized employees are permitted to access your personally identifiable information or that of other visitors touring the Site. Notwithstanding, as effective as our reasonable security measures may be, no security system is impenetrable nor is any method of transmission over the Internet or via mobile device, or method of electronic storage, 100% secure. Therefore, while we strive to use commercially acceptable means to protect your Personal Information we cannot guarantee its absolute security.
12. International Users
YachtClub INC is based in the United States of America ("U.S."), and, regardless of where you use our Site from or otherwise provide information to us, the information may be transferred to and maintained on servers located in the U.S. Please note that any information we obtain about you will be stored in accordance with U.S. privacy laws, regulations and standards, which may not be equivalent to the laws in your country of origin or residence. By using the Site or by providing us with your information, you consent to this collection, transfer, storage, and processing of information to and in the U.S. YachtClub INC only offers Marketing Services in the U.S. and Canada.
13. Retention
We will retain your Personal Information while you maintain an account with YachtClub INC or to the extent necessary to provide the Site or Services. Thereafter, we will keep Personal Information for as long as reasonably necessary: (i) to respond to any queries from Users or Licensors; (ii) to demonstrate we treated Users and Licensors fairly; (iii) for ordinary business continuity procedures; or (iv) to comply with any applicable laws. We delete Personal Information within a reasonable period after we no longer need the information for the purposes set out in this Privacy Policy.
14. Modifications to this Privacy Policy
We may modify this Privacy Policy from time to time in our sole discretion without prior notice to you. The most current version of the Privacy Policy will govern our collection, use, and disclosure of information about you. You are responsible for ensuring we have an up-to-date, active, and deliverable email address for you, and for periodically reviewing this Privacy Policy for changes. We will indicate at the top of the Privacy Policy when it was most recently updated. Accordingly, please refer to this Privacy Policy frequently as it may change.
If we make material changes to the Privacy Policy which lessen your rights, we will notify you by email and/or by positing a notice through the Site and/or Apps prior to or on the effective date of the changes. By continuing to access or use the Site or Services after those changes become effective you agree to the terms of the revised Privacy Policy.
15. Contact Information
If you have questions about this Privacy Policy or wish to contact us regarding our privacy practices, we can be reached via any of the following:
Privacy Contact: legal@theyachtclub.ai
16. State and Country Specific Rights
A. State-Specific Privacy Rights (United States)
Pursuant to certain state privacy laws in the US, individuals residing in certain US states may have additional rights regarding YachtClub INC's collection, use, and sharing of their Personal Information. This Section applies to residents of states including California, Colorado, Connecticut, Delaware, Iowa, Montana, Nebraska, New Hampshire, New Jersey, Oregon, Texas, Utah, and Virginia and provides additional information in accordance with the privacy laws (current or forthcoming) in those states (collectively, the "State Privacy Laws"). YachtClub INC will not discriminate against you for exercising your rights under any State Privacy Laws. Please note that the various rights described in this Section may be limited to residents of the states listed above and may not be available to all Users and/or Licensors.
The State Privacy Laws may provide residents of certain US states with some or all of the rights set forth below. Please note, however, that these rights are not absolute and may be subject to certain exceptions. For this reason, YachtClub INC may decline requests made under the State Privacy Laws in certain instances, in accordance with applicable law. Subject to any exceptions or limitations, and based on your location, these rights may include:
Right to Access
The right to request a copy of the specific pieces of Personal Information that we have collected about you in the previous twelve (12) months. The information will be delivered by mail or electronically. Upon receipt of a Verifiable Consumer Request, described below, we will disclose: (i) The categories of Personal Information we have collected about you; (ii) The categories of sources from which Personal Information is collected; (iii) Our business purpose for collecting Personal Information; (iv) The categories of third parties with whom we share Personal Information, if any; and (v) The specific pieces of Personal Information we have collected about you.
Right to Data Portability
The right to receive your Personal Information in a portable, readily usable format that allows you to transmit your information to another entity without hindrance.
Right to Correct Inaccurate Information
The right to request that we correct inaccurate information about you that we maintain.
Right to Deletion
The right to request that we delete certain Personal Information.
Right to Be Free from Discrimination
The right to not be discriminated against by us for exercising any of your rights. For example, we will not: (i) Deny goods or services to you; (ii) Charge different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties; (iii) Provide a different level or quality of goods or services to you; or (iv) Suggest that you will receive a different price or rate for goods or services or a different level or quality of goods or services, except to the extent permitted by law.
The exact scope of these rights may vary by state. To exercise your rights under the State Privacy Laws, please use the Verifiable Consumer Request method described in Section 17 below. Please be aware that your rights (including those enumerated elsewhere in this Privacy Policy) are limited to the extent permitted by applicable law.
In addition to the above, pursuant to State Privacy Laws, you may have the right to opt-out of our processing or "sharing" of your Personal Information for one or more of the following purposes: (i) Personalized or targeted advertising; (ii) Sales; or (iii) Profiling in furtherance of decisions that produce legal or similarly significant effects. You may also have the right to either limit, opt-out of, or require consent to process your Sensitive Personal Information.
To exercise your opt-out rights, follow the instructions here or visit our Cookie Preference Center in the footer of our website.
Nevada also provides its residents with a limited right to opt-out of certain Personal Information sales. YachtClub INC does not sell your Personal Information to third parties as defined in Nevada law, and will not do so in the future without providing you with notice and an opportunity to opt-out of such sale as required by law. If you have any questions regarding our data privacy practices or our compliance with Nevada data privacy law, please contact us at legal@theyachtclub.ai.
B. California Residents: Additional Privacy Disclosures
Pursuant to the California Consumer Privacy Act of 2018 (as amended by the California Privacy Rights Act of 2020) and its implementing regulations (collectively, the "CCPA"), YachtClub INC makes the following additional disclosures regarding its collection, use, and sharing of Personal Information:
Categories of Information Collected, Disclosed, and Shared
The categories of Personal Information we collect and the sources from which we collect such information are described in Section 1 of our Privacy Policy; the business purposes for which we use this information are described in Section 2 of our Privacy Notice; and the categories of third parties to whom we may disclose this information are described in Section 3 of our Privacy Policy. We have not sold consumers' Personal Information in the preceding twelve (12) months.
As further described in our Privacy Policy, in the preceding twelve (12) months, we or our service providers may have collected the following categories of Personal Information, as defined in the CCPA, for a business purpose:
- Identifiers
- Financial Information
- Commercial Information
- Internet or Other Electronic Network Activity Information
- Geolocation Data Sufficient to Identify a Precise Physical Location
- Inferences About Preferences and Characteristics Based on Other Personal Information
Sensitive Personal Information
YachtClub INC does not use or disclose "Sensitive Personal Information," as that term is defined by applicable law, other than to provide you the Site and Services, as permitted by California law. YachtClub INC does not sell or share sensitive Personal Information for the purpose of cross-context behavioral advertising.
California's "Shine the Light" Law
Separate from the CCPA, California's "Shine the Light" law permits Users of the Site that are California residents to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes. We do not disclose your Personal Information to third parties for the purpose of directly marketing their goods or services to you unless you request such disclosure. If you have any questions regarding this policy, or would like to change your preferences, you may contact us at the address listed above in Section 15 (Contact Information).
C. Canadian Residents: Your Canadian Privacy Rights
Under applicable Canadian privacy legislation, you have the following rights:
Access
YachtClub INC permits the reasonable right of access to your Personal Information. Upon written request and authentication of identity, we will provide you with access to your Personal Information under our control, subject to any legal requirements and applicable exceptions to the right of access. We will make the information available within thirty days or provide written notice where additional time is required to fulfill the request. Where an access request is refused, we will notify you in writing and provide our rationale for refusal along with a list of next steps available to you.
Accuracy
If you demonstrate the inaccuracy or incompleteness of Personal Information, we will amend the information as required. If appropriate, we will send the amended information to third party service providers to whom the information has been disclosed.
Complaint
You may also have the right to complain to the Office of the Privacy Commissioner of Canada or the appropriate provincial Information and Privacy Commissioner if you have concerns related to our privacy practices.
Depending on your use of our Site and Services, you may have the following choices:
Cookies Settings and Preferences
You may disable cookies and other tracking technologies through the settings in your browser. While doing so may negatively affect your experience with the use of our Site and Services, it will not prevent us from transacting with you. You can also update your cookie settings by using our "Cookie Preference Center" tool available in our Site footer.
Marketing e-mails
You may sign up for our mailing list in order to receive promotional and other materials that may be of interest to you. If you no longer wish to receive marketing e-mails from us, you may choose to unsubscribe at any time by clicking on the "unsubscribe" link in our emails or by contacting us at support@theyachtclub.ai.
Opt-Outs
You may contact us to opt out of the use or sharing of your Personal Information, including for marketing or advertising purposes, and/or the provision of your Personal Information to our business partners for such purposes.
Online behavioral advertising
As outlined further below, we use Google Analytics on our Site. For more information on how Google Analytics collects and processes information, as well as how you can control the information sent to Google, please review Google's site "How Google uses data when you use our partners' sites or apps" located at www.google.com/policies/privacy/partners/. You may control your advertising preferences or opt-out of certain Google advertising products (i.e. the Google Analytics cookies) by visiting the Google Ads Preferences Manager, currently available at https://google.com/ads/preferences.
17. Verifiable Consumer Request
You can exercise your State Privacy Rights by submitting a Verifiable Consumer Request to us by:
- Emailing us at legal@theyachtclub.ai;
Please note that we reserve the right to ask for information verifying your identity and residency prior to disclosing any information to you or acting on your request. Should we ask for verification, the information you provide to verify your identity and residency will be used only for that purpose, and all copies of this information in our possession will be destroyed when the process is complete. An agent may submit a request on your behalf, but you must verify that your agent is authorized to do so.
If you make a request to exercise your rights, we will strive to respond or act on your request within 45 days of receiving your verifiable request. Notably, however, we reserve the right to extend the time to respond to 90 days when reasonably necessary. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.
You may only make a Verifiable Consumer Request for access to personal information twice in a 12-month period. We do not charge a fee to process or respond to Verifiable Consumer Requests, unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
If you wish to appeal YachtClub INC's decision to deny a request, please contact us via email within fourteen (14) days at the address listed above in Section 15 (Contact Information) using the subject line: Data Subject Rights Appeal.
18. Effective Date
This Privacy Policy was last modified as of the effective date printed above. This version of the Privacy Policy replaces and supersedes any prior privacy policies applicable to the Site or Services.