Privacy Policy

 

At Boats Group, we appreciate your use of and contributions to our websites, our mobile and desktop applications, our other properties and/or our related services (collectively known as the “Services,” or, each individually, a “Service”). Boats Group respects your privacy and is committed to protecting your personal information.

Your privacy is important to us. To better protect your privacy, Boats Group and/or our applicable subsidiaries and/or affiliates (collectively, “Boats Group”, “us”, “our” or “we”) provide this Privacy Policy, which explains our information practices and the choices you can make about the way in which your information is collected and used on this website, any other website operated by us where this policy appears or is otherwise accessible by you (for instance, via links from the website) and/or via any software applications we have created and made available for your use on your mobile device(s) (such websites and applications are, collectively, the “Services”). (Some of our Services may also be governed by separate or additional privacy policies.) Please see our Terms of Use for additional information applicable to your use of our Services.

We encourage you to read this privacy policy to understand the information we collect and how we use and disclose it. This policy applies to all of our Services that link to it.

No users from one yacht brokerage company are allowed access to the confidential transaction information of any other yacht brokerage company, including the clients or contracts that are pending or fully executed.

 
1.) Information Collected by Boats Group.

When you use the Services, we collect a variety of information from and about you, your devices, and your interaction with the Services. Some of this information identifies you directly or can be used to identify you when combined with other data.

  • Information you provide. When using the Services, you may be asked to provide personal information about yourself, such as your name, contact information, payment information, details about you or inventory you are interested in, financial information. This may occur, for example, when you register on the Services, share or save a listing, correspond with an industry professional (such as a dealer or broker) via the Services, or complete other forms or transactions, such as a request for loan information or an application. You may also provide information about a third party through the Services, for example, if you share a listing with a recipient via email. We may combine this information with other information we collect from your interaction with the Services or from other companies.
  • Voluntary Registration Information. In order to fully access YachtCloser, you must first complete the registration process, during which we will collect personal information about you. The information will include your name, company name, address, email address, telephone numbers, etc.
    By registering with us, you consent to the use and method of disclosure as described in this Privacy Policy.
  • Voluntary Information for Services and Features. We collect personally identifiable information when you choose to use certain features of the Site, including, but not limited to: i) completing, submitting, receiving and signing Forms, and ii) consenting to receive email. When you choose to use these features, we require you to provide your “Contact Information” in addition to other personal information that may be required to complete a transaction such as your phone number, billing and shipping addresses and credit card information. We will also collect any and all data that may be completed on the Forms. Occasionally, we may also request information such as usage preferences and demographics, which will help us better serve you and our other users in the future.

Some information you provide through the Services is collected and processed by third parties on our behalf. For example, when you order products or services through the Services, we may need to collect your credit or debit card information. This information is collected and processed by third-party payment processors. In the event that a credit report is required to use a Service, you may be asked to provide your Social Security number (“SSN”) or local equivalent. When SSNs are required, we use technology to pass that information directly to the third-party providers who need the information to process the credit or background check report. If you are a Service professional, you may be able to connect your third-party email account (such as Gmail) to your Boats Group CRM account. If you enable that connection, Boats Group will access your messages, contacts, and settings to provide the requested Services to you.

  • Cookies, web beacons, and other tracking technologies.We, and our partners, use various technologies to collect information automatically when you access and use the Services, including cookies, web beacons and other similar technologies. Cookies are bits of electronic information that can be transferred to your computer or other electronic device to uniquely identify your browser. When you use the Services, we, and our partners, may place one or more cookies on your computer or other electronic device or use other technologies that provide similar functionality. We, and our partners, may use cookies to connect your activity on the Services with other information we store about you in your account profile or your prior interactions on the Services to, for example, store your preferences. The use of cookies helps us improve the quality of the Services to you, by identifying information, which is most interesting to you, tracking trends, measuring the effectiveness of advertising, or storing information you may want to retrieve on a regular basis, such as your favorite homes.  At any time, you may adjust settings on your browser to refuse cookies according to the instructions related to your browser. Cookie Management  However, if you choose to disable cookies, many of the free features of the Services will not operate properly.

The pages on the Services may also include web beacons or pixels, which are electronic files. This is to: count users who have visited that page; track activity over time and across different websites; determine users’ interactions with emails we send; identify certain cookies on the computer or other electronic device accessing that page; or to collect other related information. This information may be associated with your unique browser, device identifier, or Internet Protocol address. We may, for example, implement a pixel on the pages of the Services where you view a certain advertisement so that we can track whether you visit a website associated with that advertisement at a later time.

  • Third-party cookies, web beacons, and other tracking technologies.We work with service providers and advertising networks to track and manage cookie information and your activities while you’re using the Services and your online activities over time and across different websites and devices. For example, third parties may use cookies to deliver advertisements to you based on your visit to the Services. For additional information, please refer to the section below entitled, “Interest-Based Advertising.” You may opt-out of cookie tracking and analysis from any of these service providers and advertising networks by Opting Out of Collection of Information by Third Parties, which is explained further below. Opt-Out
  • Mobile device and mobile browser information.You may adjust settings on your mobile device and mobile browser regarding cookies and sharing of certain information, such as your mobile device model or the language your mobile device uses, by adjusting the privacy and security settings on your mobile device. Please refer to the instructions provided by your mobile service provider or mobile device manufacturer.
  • Location Data.If you enable location services on your mobile device, Boats Group may collect the location of your device, which we use to provide you with location-based information and advertising. If you wish to deactivate this feature, you can disable location services on your mobile device.
  • Usage logs.We collect information about your use of our Services, including the type of browser you use, access times, pages viewed, your IP address and the page you visited before navigating to our Services. We also collect information about the computer or mobile device you use to access our Services, such as the hardware model, operating system and version, unique device identifiers, mobile network information, and browsing behavior.
  • Calls and text messages.Calls between you and Boats Group, or between you and third parties made through Boats Group (such as dealers or brokers you contact about a listing through a form or link on our website, or using contact information found on our website), may be recorded or monitored for quality assurance and customer service purposes. You will be notified at the beginning of a call if it may be recorded or monitored. Boats Group uses a third-party service provider to track phone calls and text messages between you and industry professionals so that we and the industry professional can access certain details about the contact. As part of this process, Boats Group and its service provider will receive in real-time and store data about your call or text message, including the date and time of the call or text message, your phone number, and the content of the text message.
  • Public content. You may provide information publicly through the Services, such as when you leave a review for listing, professional, service or when you contribute to discussion forums.
  • Social networks. If you use the social networking connection functions offered through the Services, we may access all of your social network profile information that you have made available to be shared and to use it in accordance with this privacy policy. Please refer to the instructions governing your social network account to manage the information that is shared through your account.
  • Collection of information by third-party services, sites Ad Servers, and Sponsors. Some Services require the collection of your information directly by third parties. Our Services may contain links to other websites or services whose information practices may be different than ours. For example, while using one or more of our websites, you may link to a third party’s website via a window opened within (or on top of) our website.  Some of our Services may allow users to interface with third-party websites or services, such as Facebook and Twitter.  You will remain logged into those third-party websites or services until you actively log off.  By interfacing with those third-party websites or services, you are allowing our Services to access your information that is or becomes available via such third party websites or services, and you are agreeing to those third party’s applicable terms and conditions.  Once you log onto any such third party websites or services, the content you post there may also post to our Services.  Our Privacy Policy and procedures may or may not be consistent with the policies and procedures of such third party websites or services, and when you visit such websites or services our Privacy Policy does not apply to personally identifiable information and other data collected by the third party. You should consult, read and understand the privacy notices of such third parties before choosing to provide personally identifiable information on any such websites or services.

    We take great pride in the relationship of trust we have built with our industry partners over many years and we are dedicated to treating your personal information with care and respect. Pursuant to California Civil Code Section 1798.83(c)(2), members of Boats Group do not share industry partner personal information with other companies. Boats Group for those parties’ direct marketing use unless an industry partner elects that we do so. For more information about our privacy and data collection policies, please review our Privacy Policy.

  • Referrals. You may choose to invite friends to join Boats Group Properties including YachtCloser.com or participate in a transaction being facilitated by YachtCloser.com, by sending invitation emails. Boats Group Properties and YachtCloser.com stores the email addresses you provide so that the respondents may be added to your network, confirm orders/purchases and also to send reminders of the invitations. Boats Group Properties / YachtCloser.com does not sell these email addresses or use them to send any other communication besides invitations and invitation reminders. Recipients of invitations may contact Boats Group Properties / YachtCloser.com to request removal of their information from our database. You represent and warrant that you are duly authorized to provide such emails and submit other such personal information to Boats Group Properties /YachtCloser.com.

Our Services may also use a third-party ad server to present the advertisements that you may see on our Services. These third-party ad servers may use cookies, Web beacons, clear gifs or similar technologies to help present such advertisements, and to help measure and research the advertisements’ effectiveness. The use of these technologies by these third-party ad servers is subject to their own privacy policies and is not covered by our Privacy Policy.

Boats Group will not knowingly collect personally identifiable information from any person under the age of 13.

2.) Information Security and Confidentiality, Yacht Closer

No users from one yacht brokerage company are allowed access to the confidential transaction information of any other yacht brokerage company, including the clients or contracts that are pending or fully executed in YachtCloser. In order to avoid any conflicts of interest, this includes officers of YachtCloser with current ownership interests in any yacht brokerage company. Those officers are granted access to their own brokerage’s confidential information and to none other.
We restrict access to brokerage information to YachtCloser employees, contractors and agents who need to know that information in order to process it for us, and who are subject to strict contractual confidentiality obligations and may be disciplined or terminated if they fail to meet these obligations.
You understand that, in the process of facilitating a transaction, personal information (including Registration Data and information entered into a YachtCloser.com Form) will be submitted, and made available to, other parties in the transaction (including, without limit, buyers, sellers, and brokers). If you are entering data on behalf of another party, you represent and warrant to Yacht Closer LLC that you are duly authorized to do so. YachtCloser.com only uses your personal information for the original purposes it was given. Your personal information will not be sold or otherwise transferred to unaffiliated third parties without your approval at the time of collection.

Notwithstanding anything to the contrary herein, YachtCloser.com reserves the right to collect and publish information in aggregate form (i.e. in a form that will not specifically disclose your name, email or physical address, or other unique personal information). However, information such as, and for purposes of example only, total value of all transactions facilitated by YachtCloser.com, may be collected and published without uniquely identifying you. Such information may be used for marketing and other purposes, in the sole discretion of Yacht Closer LLC.

Except as specifically described herein, YachtCloser.com will not disclose, use, give or sell any personal information to third parties for any purposes other than to our suppliers, accountants, agents, attorneys, and other third parties in order to deliver services on behalf of YachtCloser.com, unless required to do so by law. Further, YachtCloser.com reserves the right to contact you regarding matters relevant to the underlying service provided and/or the information collected. You may also be contacted by other parties and participants in a transaction facilitated by YachtCloser.com.

Please note that personally identifiable information is used only to provide you with a more enjoyable, convenient online experience and to help us identify and/or provide information, products or services that may be of interest to you. We use your personally identifiable information to support and enhance your use of the Site and its features, including without limitation: providing customer service; tracking email invitations you send; and otherwise supporting your use of the Site.
YachtCloser.com may use your personal information for target advertising toward you based on things such as region, gender, interests, goals, habits, etc.
We may permit certain trusted third parties to track usage, analyze data such as the source address that a page request is coming from, your IP address or domain name, the date and time of the page request, the referring Web site (if any) and other parameters in the URL. This is collected in order to better understand our Web site usage, and enhance the performance of services to maintain and operate the Site and certain features on the Site. We may use third parties to host the Site; operate various features available on the Site; send emails; analyze data; provide search results and links and assist in fulfilling your orders.
Also, we may share personally identifiable or other information with our parent, subsidiaries, divisions, and affiliates.
We may transfer personally identifiable information as an asset in connection with a proposed or actual merger or sale (including any transfers made as part of an insolvency or bankruptcy proceeding) involving all or part of our business or as part of a corporate reorganization, stock sale or other change in control.

YachtCloser.com may disclose Contact Information in special cases where we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be violating our terms and conditions of use or may be causing injury or interference with our rights, property, our customers or anyone who could be harmed by such activities.
WE ARE NOT LIABLE OR RESPONSIBLE FOR THE PERSONALLY IDENTIFIABLE OR OTHER INFORMATION YOU CHOOSE TO SUBMIT IN (I) THE PROCESS OF COMPLETING A TRANSACTION OR FORM, OR (II) FORUMS SUCH AS A BULLETIN BOARD, CHAT ROOM OR ANY OTHER PUBLICLY ACCESSIBLE AREA OF THE SITE.

3.) How Boats Group Uses Your Information

Boats Group generally uses the information collected about you to provide and improve the Services, including to:

  • provide and deliver the Services, process transactions and send related information such as confirmations and invoices;
  • send you technical notices, updates, security alerts and support and administrative messages;
  • respond to your comments, questions and requests and provide customer service;
  • communicate with you about products, services, offers, promotions, rewards and events offered by Boats Group and others, and provide news and information we think will be of interest to you;
  • monitor and analyze trends, usage and activities in connection with our Services;
  • revise, modify, and update existing Services and develop new Services;
  • detect, investigate and prevent fraudulent transactions and other illegal activities and protect the rights and property of Boats Group and others;
  • personalize the Services and present you with advertising, content or features that we believe will be of interest or useful to you;
  • facilitate contests, sweepstakes and promotions and process and deliver entries and rewards;
  • link or combine with information we get from others to help understand your needs and provide you with better service; and
  • carry out any other purpose described to you at the time the information was collected.

Email Management. You may receive email from Boats Group for a variety of reasons – for example, if you took an action through the Services, you signed up for a regular report, or you posted your inventory for sale and a buyer sent you a message. You can manage your receipt of some types of communication by following the instructions upon account creation. Please note that, even if you unsubscribe from certain email correspondences, we may still need to email you with important transactional or administrative information.

4.) When Boats Group Shares and Discloses Your Information

Your privacy is important and we are committed to protecting your information that identifies you personally. We will only share personal information that you provide outside the public areas of the Services in the following circumstances:

  • With your consent.When you consent or direct Boats Group to share the personal information. This happens when you submit your information through many of our Services. For example, if you choose to contact an industry professional through the Services, your name, phone number, email address, and message content will appear to the recipient of the message. Similarly, if you fulfill the Yacht Closure administrative process, that specific information will be shared with the contracted parties.
  • Service providers to Boats Group.When Boats Group hires a service provider to help operate the Services or our business, Boats Group may give access to personal information only as appropriate to perform the service for Boasts Group, and subject to the terms of this privacy policy. Boats Group always remains responsible for the privacy of your personal information that is shared with service providers.
  • Partners with whom we conduct business.When Boats Group partners with other businesses to offer products and services, we may share information with those business partners only as needed to provide those products and services and only subject to the terms of this privacy policy.
  • Legal obligation or protection from harm.When Boats Group has a good faith belief that access, use, preservation or disclosure of information is reasonably necessary to (a) satisfy any requirement of law, regulation, legal process, or enforceable governmental request, (b) enforce or investigate a potential violation of the Terms of Use, (c) detect, prevent, or otherwise respond to fraud, security or technical concerns, (d) support auditing and compliance functions, or (e) protect the rights, property, or safety of Boats Group, its users, or the public against harm.
  • Business transfers.If and when Boats Group is involved in a merger, acquisition, or any form of transfer or sale of some or all of its business, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, we may share your personal information in connection with that transaction.

Boats Group may also share aggregated or de-identified information that cannot reasonably be used to identify you.

5.) Interest-Based Advertising

We participate in interest-based advertising. This means that when you use the Services, we or third-party service providers or advertisers may use cookies (that they collect or that we provide to them) or other similar technologies to collect information about your use of the Services (including mobile applications) or your online activities over time and across different websites and devices. Collected information may include the content you view, the date and time that you view this content, and the website that referred you to the Services, and this information may be associated with your unique browser, device identifier, or Internet Protocol (IP) address. These practices help tailor advertisements that are relevant and useful to you. These tailored advertisements may appear on the Services or on other websites, applications or properties.

In addition, if you have provided your email address to us, we may use a scrambled, unreadable form (a hash) of your email address to deliver tailored advertisements to you on the Services or on other websites, including via Facebook’s Custom Audience Feature or other similar tools. Click here to learn about how you can control the ads you see on Facebook.

You may opt-out of cookie tracking and analysis as described in the section below entitled ‘Opting Out of Collection of Information by Third Parties’. The Services do not otherwise respond to ‘do not track’ signals.

6.) Opting Out of Collection of Information by Third Parties

Boats Group’s third-party ad servers, ad network providers, third-party advertisers may provide you with advertisements that you may see on the Services or on other affiliated websites. To improve the relevancy and help measure the effectiveness of such advertisements, the Boats Group Ad Providers may use cookies, web beacons, clear gifs or similar technologies. These are used to record users’ activity, such as the pages visited, and to learn what types of information are of most interest to the users. For more information regarding the choices you have about these technologies (such as opting-out), visit the Network Advertising InitiativeDigitalOmniture, and PrivacyChoice.

7.) Third-Party Links and Websites

Throughout the Services, we may link to the websites of other companies and/or individuals. Further, certain functionalities on the Services may involve the distribution of your listing information to third-party websites. These third-party websites may collect information about users on those websites, and Boats Group’s privacy policy does not extend to these external websites and third parties. Please refer directly to these third parties and websites regarding their privacy policies.

8.) Security and Retention of Information

Boats Group takes reasonable steps to protect the information users share with us from unauthorized use, access, and disclosure, both during transmission and at rest. However, no transmission of information via the Internet nor electronic storage solution can be entirely secure, so please be aware that we cannot guarantee absolute security.

You can access, update, and delete personal information you provide to Boats Group through contact with an account management representative of Boats Group by sending an email to cs@boats.com.

Boats Group will retain and use information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

9.) Transfer of Information to the United States

Boats Group is based in the United States and you acknowledge that the information we collect is governed by U.S. law. By accessing or using the Services or otherwise providing information to us, you consent to the processing, transfer, and storage of information in and to the United States, where you may not have the same rights and protections as you do under local law.

10.) Transfer of information to and from United Kingdom

Boats Group has partners and clients in the United Kingdom. This means that, occasionally, we will be transferring and receiving personal data (as listed in this privacy policy) to and from United Kingdom (UK).
As from 1st of January 2021, UK is no longer an EU Member State. In order to make sure that transfers to and from UK are still legal and secure, Boats Group have taken reasonable steps to protect the information users share with us, by putting in place additional contracts and measures. By accessing or using the Services or otherwise providing information to us, you consent to the processing, transfer, and storage of information in and to the United Kingdom.

11.) Government and Private Party Information Requests

Boats Group may occasionally receive various forms of legal process from government agencies and private parties requesting information about Boats Group users. Before we produce information, we will attempt to notify affected users and give them an opportunity to object unless notification is prohibited by law or if we believe that notification would create a risk of harm or be otherwise counterproductive.

12.) Disclaimer to Security

By consenting to the Terms of Use of the Site and hence the Privacy Policy, you consent that no data transmission over the Internet is completely secure. We cannot guarantee or warrant the security of any information you provide to us and you transmit such information to us at your own risk.

13.) Contacting Boats Group

If you have any questions about this privacy policy, or the privacy practices of Boats Group, please email us at cs@boats.com, or you can write to us at:

Boats Group, LLC

Attn: Consumer Care
1221 Brickell Ave, Ste 2300
Miami, FL 33131

14.) Changes to this Privacy Policy

Please note that this policy may be amended from time to time. You should check back for the most current version before relying on any of the provisions in this privacy policy. We will provide notice of material changes to the policy, either by posting a notice on our websites, by sending an email, or some other reasonable method.

15.) Additional Rights for European Citizens:

Under the GDPR (or equivalent local legislation), you have certain rights with respect to their Personal Data, including:

right to request access – you may obtain confirmation from us as to whether or not your data is being processed and, where that is the case, access to your data;

right to rectification – you have the right to obtain rectification of inaccurate personal data we hold concerning you;

right to erasure – you have the right to obtain the erasure of your data without undue delay in certain circumstances

right to restriction of processing or to object to processing – you may require us to restrict the processing we carry out on Your Data in certain circumstances or to object to us processing your data;

right to data portability – you have the right to receive your data in a structured, commonly used and machine-readable format;

right to withdraw consent – where you have provided your consent to us processing your data, you have the right to withdraw your consent at any time;

right to lodge a complaint – you may lodge a complaint with the supervisory authority in the EU Member State where you are resident or where you work. For further information on your rights, please see the supervisory authority of your country or EU Member State.

16.) Additional rights for UK Citizens:

Under the Data Protection Law 2018, you have similar rights to those listed under the GDPR. You may lodge a complaint with the Information Commissioner’s Office (ICO).

17.) Additional Rights for California Citizens:

If you are a California resident under the age of 18, and are a registered user of any site where this policy is posted, California Business and Professions Code Section 22581 permits you to remove content you have posted publicly. In order to do so, you must send an email with a detailed description of the specific content or information to cs@boats.com. Please be aware this request does not guarantee that all the content or information you have posted will be removed and that there may be circumstances in which the law does not require or allow removal even if requested.

 
[Policy Last Updated: Mar 2021]