Privacy Policy

1. About BoatBites Inc. and this Privacy Policy.

 

BoatBites Inc., Inc. and its group companies (collectively, “BoatBites Inc.,” “we,” “us,” or “our”) are committed to protecting your privacy. BoatBites Inc. is a technology company that connects people with the best of their waterways by enabling local businesses to meet boaters’ needs of ease and convenience, and, in turn, generate new ways for people to earn, work, and live.

 

This Privacy Policy (“Policy”) explains how we process (e.g., collect, use, disclose and/or protect) personal information when we are acting in the data processing role or capacity of a Controller (as defined below). This Policy applies to personal information relating to: (i) individuals who are registered users of or subscribers to our Services (as defined below) (“Users”); (ii) individuals who are not Users but who: (a) receive gifts of products, goods, and/or other items (including, without limitation, a one-time order, BoatBites Pass gift subscriptions, meal plan orders or similar orders, and gift cards) (“Gift(s)”) from or through our Services, (b) receive communications about our Services as a result of referrals from Users (“Referral(s)”), or (c) visit our platforms (e.g., websites, apps, etc.) and/or who communicate with us (e.g., when submitting a form, contacting us using the contact information on our platforms, etc.) (collectively “Non-Users”); (iii) individuals who are non-BoatBites er independent contractors who perform services in support of BoatBites Inc.’s corporate and/or administrative activities and who are acting in such capacity (“Non-BoatBiteser Independent Contractors”); (iv) individuals who are personnel members of, or otherwise associated with, companies who have a business relationship with BoatBites Inc. to utilize the Services to make their products, goods, and/or other items available to Users (e.g., restaurants, stores, or other businesses) (“Merchants”) and whose personal information is processed in connection with the potential and/or actual business relationship between BoatBites Inc. and the applicable Merchant (“Merchant Personnel”); and (v) individuals who are personnel members of, or otherwise associated with, a vendor, service provider or other party whose services BoatBites Inc. uses to provide its Services (excluding Merchants) and to conduct and administer its business activities (“Service Providers”) and whose personal information is processed in connection with the potential and/or actual business relationship between BoatBites Inc. and the applicable Service Provider (“Service Provider Personnel”).

 

 

Notice to Certain California Individuals: Please note that the disclosures regarding the collection, processing/use and disclosure of personal information of, from or about Non-BoatBites er Independent Contractxors, Merchant Personnel, and Service Provider Personnel are only set forth in the California Privacy Notice, as these categories of data subjects are only covered by the California Privacy Rights Act of 2020 (“CPRA”). The disclosures regarding the collection, processing/use and disclosure of personal information of, from, or about Users and Non-Users, are set forth in both this Policy and the California Privacy Notice. If you are an individual referenced in this section, please read our California Privacy Notice and note that certain sections of the California Privacy Notice reference back to this General Privacy Policy (such as detailed information on how to exercise privacy rights).

 

When we are processing personal information in the role or capacity of a processor, BoatBites Inc.’s processing is subject to the instructions received by BoatBites Inc. from the appropriate Controller, in which case this Policy will not apply. The term “Controller” means the natural or legal person that, alone or jointly with others, determines the purposes and means of processing personal information.

 

This Policy applies to all BoatBites Inc. platforms (e.g., websites, apps, etc.) that contain a link to this Policy, including, without limitation, www.BoatBites Inc.com, and the applicable BoatBites Inc. User, BoatBites Inc. Merchant, and Dealer mobile apps. The term “Services” means BoatBites Inc.’s services offered on or through such platforms.

 

If you are a User, your access to and use of our Services are subject to our Terms and Conditions, which define some of the terms used throughout this Policy. Please make sure that you have carefully read and understand the Terms and Conditions before you use our Services. By using our Services, you accept the Terms and Conditions, and acknowledge and agree that you have read and fully understand and agree to our privacy practices as described in this Policy. If you do not feel comfortable with any part of this Policy or our Terms and Conditions, you must not use or access our Services.

If you are Merchant Personnel, then your relationship with us is also subject to the contractual agreement(s) (e.g., Merchant Terms of Service or Merchant MSA) between the applicable Merchant and BoatBites Inc.

If you are Service Provider Personnel, then your relationship with us is also subject to the contractual agreement(s) between the applicable Service Provider and BoatBites Inc.

If you are a Non-BoatBites er Independent Contractor, then your relationship with us is also subject to the appropriate contractual agreement(s) entered into between you and BoatBites Inc. or, if applicable, between BoatBites Inc. and the agency or company through which you are engaged as an independent contractor.

 

This Policy does not apply to BoatBitesers who deliver orders through the Services (“BoatBites ers”). For the privacy policy for BoatBitesers, please visit the www.boatbites.app.

 

2.Processing of Personal Information Covered Under this Policy.

 

1. USERS.

 

1. Collection of Personal Information

 

When you use our Services, we may collect personal information about you. The types of categories or personal information that we may collect about you include:

 

1. Information You Provide to Us Directly

 

You may provide your personal information to us when you use our Services, including when you register with BoatBites Inc., search within or place orders through our Services, contact us with inquiries, engage with our chatbot or other similar technology on the platforms or Services, respond to surveys, or otherwise access or use our Services. This information may include:

• Personal Identifiers and records information – We may collect and process information such as name, alias, email address, postal or delivery address, account name, phone number, signature, date of birth, or other similar identifiers.
• Biometric Information – We may process facial recognition, voiceprint, or other similar data that may be considered biometric data.
• Transactional/Commercial Information – When you place an order through our Services, we collect information related to that order. This may include information such as items purchased, special instructions, date and time of order, subtotal, photos that you provide to BoatBites Inc., or other purchasing or consuming histories or tendencies.
• Financial Account or Payment Information – Payment information collected such as bank name, payment method, or other financial information. We use a payment processor that collects your payment information and processes payments made on or through the Services. We obtain limited information about your payment card from our payment processor, such as the last four digits of your card and the expiration date.
• Survey Response Data – We conduct survey research among participating Users to learn more about Users to improve and enhance our Services and in connection with surveys, we may collect various information including, without limitation, information pertaining to consumer activity, usage of the Services, health and medical information, race/ethnicity information, sex life/sexual orientation, family relationships, etc.
• Identification Documentation – We may collect identification documentation (e.g., drivers’ license, Federal or state identification card, passport, etc.) in certain limited scenarios (e.g., to verify identity and age when delivering an age-restricted product, good, and/or other item).
• Access Credential Information – In connection with your User account, we will process username, password, unique User identification number, etc.
• Loyalty Account Information – In connection with your use of our Services, we may process loyalty account information for your participation in certain loyalty programs for Merchants.
• Sensory information – images, photos, and/or videos that you upload or submit to us in connection with the Services (e.g., a profile photo, a video(s) of your BoatBites Inc. experience, etc.).
• Employment and professional information – if you are using our Services for orders to be delivered to your place of employment or on behalf of your employer, we may collect employment or professional related information from or about you
• Sensitive Data or Sensitive Personal Information – as these terms are defined under applicable data protection and privacy laws, including precise geolocation (see below for further information); a social security, driver’s license, state identification card, or passport number; racial or ethnic origin; religious beliefs; mental or physical health diagnosis; sex life or sexual orientation; or citizenship; etc. We do not use or disclose your sensitive data or sensitive personal information for purposes other than to perform the services reasonably expected by an average consumer, for security and legal reasons, with your consent, and/or for other purposes permitted by applicable law.

 

1. Information Received From You as Part of Your Communications

 

When you use our Services, complete electronic forms, communicate with BoatBites ers or contact us, by online chat, email, phone or text, we may automatically collect and store certain information about you and the activity you engaged in, for example: your name and contact information; your order details; information that you voluntarily provide to us; the nature and content of your communication; the purpose of the interaction; and the action we took in response to your inquiry or request.

 

1. Information Collected Automatically

 

We also may collect and store certain information about you and your device(s) automatically when you access or use our platforms and Services, including, without limitation, on our websites and engaging with our online chat functionality. This collection may include the use of, among other technology, cookies and similar technologies as described in Section 3 (Cookies and Similar Technologies) of this Policy. This information may include:

 

• Technical Information – We collect technical information associated with your activity on our platforms and/or Services and may include information related to your browser and operating system, IP address (the Internet address of your computer), unique device identifiers, personal and online identifiers, and other information such as your device type and version of the app that is in use.
• Usage Information – This may include the webpage that you were visiting before accessing our platforms and Services, the pages or features of our platforms and Services that you browsed to inform us which part of our platform and Services you visit and how much time you spend there.
• Platform Preferences – We collect information about your preferences to make your use of the platforms and Services more productive.

1. Location Information

 

When you use the Services, we may collect and store general location information (such as IP address). We may also collect route information and delivery pick-up or drop-off information. If you permit the Services to access location services through the permission system used by your mobile operating system or browser, we may also collect and store the precise location of your device when our apps are running in the foreground or background of your device. This information may be used to help you select your delivery address, to provide more accurate deliveries of your orders, to provide recommendations on Merchants to you based upon your location, and to enhance your user experience and improve the services. You can choose whether to enable the location tracking feature through the settings on your device or when prompted by our mobile apps. If you choose to disable the location feature this may impact some of your use of our Services (e.g., the BoatBites er will not receive precise location information from your device, which may compromise the accuracy of deliveries in some situations).

 

1. Information Related to a Referral Program or Gift

 

BoatBites Inc. allows Users to (i) send Gifts from or through our Services and (ii) invite people with whom the User has a personal connection to sign up for our Services through a Referral. If you are setting up and sending a Gift or a Referral, we will process information related to you and the recipient. This information will include, but is not limited to, names of both the sender and the recipient, contact information for the recipient, information related to the Gift or Referral (e.g., what was sent, was the gift redeemed, what activity has the recipient taken towards completing the activities associated with the referral, the content of any messages included, etc.). For any personal information that you provide about a recipient of a Gift or Referral, by submitting the information to us you certify that you have the consent and approval of the recipient for you and BoatBites Inc. to process their personal information for the purposes for which you disclosed it to us (and, as applicable, for the sending of messages (e.g., email, etc.) to the recipient). As a user, if someone sends you a Gift, we will process your information in connection with setting up and delivering the Gift, tracking the Gift for our Gifting program and for other purposes as set forth in this Policy.

 

1. Information Collected from Your Social Media Accounts

 

You may choose to enable or log in to our Services via various online services, including social networking services like Facebook and Google. Our Services also may enable you to access social networking services such as Facebook, Twitter, or Instagram (“Social Network(s)”) directly or indirectly through our Services.

 

When you link a Social Network account to our platforms or Services or log into our platforms or Services using your Social Network account, we may collect relevant personal information to enable our platforms or Services to access that Social Network and your information contained within that Social Network. Any sharing of personal information from or by your Social Network to us is subject to the applicable privacy policy for, and the applicable privacy notices from, the Social Network and, as applicable, any consent or approval that you have provided to the Social Network.

 

1. Information Collected about Users from Market Enrichment Partners

 

We may license, rent, or otherwise acquire certain demographic information that is about or associated with you that we use to gain a better understanding of you and your consumer habits so that we can improve and enhance our Services and marketing and advertising campaigns.

 

1. Information Collected from Advertising Partners and Analytics Providers.

 

In connection with certain marketing and advertising campaigns, we may collect and process certain information from our advertising providers and analytics providers that is connected or associated with you and linked or connected to your interaction with our campaigns.

 

1. Information Collected from Business Partners

 

We may collect personal information from business partners in connection with co-branded product offerings.

 

1. Information Collected from Payment Providers

 

We may collect or receive limited personal information from payment providers in connection with our processing of transactions or orders in connection with our Services.

 

 

1. Use of Your Personal Information

 

We may use the information we collect about you for various purposes as described below.

 

1. To Provide You with the Services

 

We use your information to provide you the Services. For example, we use credit card information to complete a transaction or we use address information to allow the BoatBites er to fulfill your delivery or we use your information to process a Gift or a Referral. In performing or providing the Services, we may disclose your information to another party or person to facilitate the performance or delivery of the Services (e.g., sharing personal information with Merchants or BoatBites ers or with your bank to validate your payment card, etc.). In such an event, we enter into contractual agreements with such parties or persons to protect your information.

 

1. To Maintain and Improve the Platforms and Services

 

We use your information for our everyday business operations such as auditing, administration of the Services and business activities, fulfillment, analytics, debugging to identify and repair errors that impair existing intended functionality, conducting internal research for technological development and demonstration, and undertaking activities to verify or maintain the quality or safety of our Platforms and Services. Your information may also be used to improve the content and/or functionality of the Services. We may use your information to help us enhance offerings for BoatBites Inc. and our Merchants. We may process your information, either on an individual level or aggregated with information from or about Users, to analyze trends in the use of our Services and to improve and enhance our Services. We may also use aggregate information about Users and their activities in connection with our Services to provide suggestions or recommendations to Merchants relating to the Merchants’ use of our Services.

 

1. To Communicate with You

 

We use your information to communicate with you. For example, we may send you text messages or other notifications about the status of your orders and deliveries. We may also contact you with promotional offerings or other communications that may be of interest to you.

In the event you contact us, we use certain information to respond to your questions and assist you with any issues that may arise in your use of the Services. If you send direct messages, such as chat or text messages to a BoatBites er, using the telephone number for that BoatBites er available on the Services, we may use a third-party service provider to monitor and analyze these messages. We monitor these messages for fraud prevention, to ensure appropriate charging of fees, to enforce our Terms and Conditions, and for quality and training purposes. As part of this process, BoatBites Inc. and its service provider will receive in real time and store data about your direct messages, such as chat or text messages, including the date and time of the text message, your phone number, and the message. If you do not agree with the monitoring of direct messages you send to BoatBites ers, please do not send messages to BoatBites ers.

 

1. For Account and Network Security Purposes

 

We care about keeping you secure and safe while using our Services. Keeping you safe requires us to process your personal information, such as your device information, activity information and other relevant information. We use such information to combat spam, malware, malicious activity or security risks; improve and enforce our security measures; and to monitor and verify your identity so that unauthorized users do not gain access to your information.

 

1. To Maintain Legal and Regulatory Compliance

 

Our Services are subject to certain laws and regulations which may require us to process your personal information. For example, we process your personal information to pay our taxes, to fulfill our business obligations or as necessary to manage risk as required under applicable law.

 

1. To Enforce Compliance with Our Agreements and Policies

 

When you access or use our Services, you are bound to our Terms and Conditions (if you are a User), and this Policy. To ensure you comply with them, we process your personal information by actively monitoring, investigating, preventing and mitigating any alleged or actual prohibited, illicit or illegal activities on our Services. We also process your personal information to: investigate, prevent or mitigate violations of our internal terms, agreements or policies; enforce our agreements with third parties and business partners.

 

1. To Protect You, Others, and Our Business

 

We use your information to protect you, others, and our business, including, without limitation, using information for fraud prevention, for enforcement of our Terms and Conditions, to comply with the law, and to protect against security risks.

 

1. To engage in Certain Marketing and Advertising Activities and to Personalize your Experience or Use of the Services

 

In addition to the marketing and advertising activities described elsewhere in this Policy, including in Section 3 (Cookies and Similar Technologies) of this Policy, we engage in the following activities:

• Look-alike Modeling. We may use personal information and/or link personal information to a third-party cookie or other similar technology to develop audience insights and/or look-alike models in connection with our marketing campaigns, which models are used to market or advertise the Services on third party platforms (e.g., websites, apps, etc.) to people who exhibit similar characteristics with the look-a-like modeled data.

 

• Audience Insights/Ad Measurement. We may use the personal and transactional information collected from or about you and your use of our Services and platforms to gather audience insights and engage in ad effectiveness measurement. In connection with this activity, we may share personal and transactional information about you and your use of our Services and platforms with our service providers, processors and business partners for the purposes of ad insight and ad effectiveness measurement reporting (either on an individual user level or an aggregate level), which will be used to create, enhance, and improve our Services and platforms and to create, enhance, improve, and implement marketing campaigns and content.

 

• Cross-context behavioral advertising. We may engage in targeted marketing or advertising to a User based upon the User’s personal information obtained from the User’s activity across another company’s distinctly-branded websites, applications, or services, however, such activities are only on our behalf and for the benefit of us and the Services.

 

We also use your information to personalize your experience. For example, we may personalize the content and features you see when visiting our Services. In addition, we may personalize advertisements, marketing communications, and recommendations to make them more tailored to your interests.

We may also use aggregate information about Users and their activities in connection with our Services to provide suggestions or recommendations to Merchants relating to the Merchants marketing activities and the Merchant’s use of our Services.

 

1. For Our Business Purposes

 

We may use your information for any other purpose disclosed to you at the time we collect the information, or otherwise with your consent.

 

iii. Disclosing Personal Information

 

We may provide your personal information, as described in Section 2.A.i of this Policy, to third parties as described below.

 

1. Service Providers, Contractors or Third Parties

 

We may provide your information to our service providers and contractors to help provide services to you for certain business purposes. This information is provided in order for them to provide us services such as payment processing, advertising services, marketing partners, web analytics, data processing, IT services, customer support and other services. These service providers or contractors may have access to your personal information to perform services on our behalf.

 

We may provide your information to third parties in connection with certain marketing, and/or advertising activities, including, without limitation, cross-context behavioral advertising. The marketing and/or advertising activities are performed on behalf of BoatBites Inc. and the Services.

 

1. BoatBites ers, Merchants or Other Users

 

To help provide you with our delivery services we provide your information, including limited personal information (e.g., first and last names, address, phone number (however, your phone number is masked to protect your privacy)) and order details, to the BoatBites ers who complete your requested deliveries. Similarly, we provide information to Merchants to facilitate deliveries, which will include your order information for the Merchant and, depending upon the delivery service (e.g., delivery by a BoatBites er or delivery by the Merchant), some amount of personal information (e.g., first and last name or first name and last initial, address, phone number, etc.). We may also share information that you provide to BoatBites Inc. with Merchants as part of a Merchant Loyalty Program when you connect your BoatBites Inc. account with the applicable Merchant program.

 

1. Group Companies

 

We may provide your information to our group companies for business purposes. We will require these entities to comply with the terms of this Policy with regard to their use of your information.

 

Service provided by BoatBites Inc., and our group companies may share certain functionalities such as a uniform login experience where users of both applications will need to use a single username and password.

 

 

1. Social Networks

 

In connection with linking or connecting your User account(s) with our Services to your Social Network, we may share certain of your information with the operator of that Social Network to facilitate your use of that Social Network and for other purposes or uses described in the Social Network’s privacy policy. Additionally, a Social Network may collect personal information and information about your use of our platforms or Services automatically. The manner in which a Social Network collects, uses, stores, and discloses your information is governed by the policies of such third parties and BoatBites Inc. shall have no liability or responsibility for the privacy practices or other actions of any Social Network that may be enabled within our Services. Keep in mind that your usage of Social Network features is governed by applicable Social Networks and not by BoatBites Inc. and may be visible or accessible to the public.

 

1. To Third Parties when Required or Permitted by Law

 

We may be required to provide your personal information to third parties including law enforcement agencies when required to protect and defend our legal rights, protect the safety and security of users of our Services, prevent fraud, comply with the law, respond to legal process, or a request for cooperation by a government entity.

 

1. Corporate Transactions

 

We may disclose your personal information to third parties in order to participate in, or be the subject of, any sale, merger, acquisition, restructure, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings) or other similar transaction(s), in which case we may disclose your personal information to prospective buyers, sellers, advisers or partners and your data may be a transferred asset in a business sale.

 

1. Co-Branded Products & Services

We may share your personal information with companies that offer co-branded products or services, such as a co-branded BoatBites credit card. In conjunction with the co-branding program, we may receive compensation from the co-branding activity. These companies are prohibited from using your personal information for purposes other than offering you and administering your use of, these co-branded products and services.

 

1. Individuals who you Send a Gift or Referral to

 

When you send a Gift or Referral to another person (e.g., a User or Non-User), certain personal information of or about you will be included with the communication (e.g., first and last names, email address, a personal message (if applicable) and your User account profile picture (if any)).

1. With Your Consent or at Your Direction or Instruction

 

We also may provide your information to third parties with your consent or at your direction.

 

1. Professional Services Organizations

 

We may disclose your personal information to professional services organizations in connection with exercising our rights and conducting our business activities.

 

1. NON-USERS.

 

In connection with our Services, we may process personal information about Non-Users, which can occur when a User is sending a Non-User a Gift, when a User is sending a Referral to a Non-User, or when a Non-User is visiting our platforms or Services (e.g., visiting www.BoatBites.com) or communicating with us (e.g., sending us an email through the contact information available through our platforms). When we are processing personal information in connection with a Gift or in connection with a Referral, the User is solely responsible for ensuring that the User has the consent or approval of the Non-User for both the User and BoatBites Inc. to process the Non-User’s personal information, including, without limitation, for the sending of communications to the Non-User (e.g., emails, etc.) and by submitting the Non-User’s personal information to us, the User is certifying that such consent or approval has been received or obtained. Please note the following: (i) if you participate in a BoatBites Inc. Referral program, we will disclose your personal information and activity in connection with the Referral with the User who referred you; (ii) for Referrals, the User setting up the communication determines the timing of sending the communication, determines the channel through which to send the communication (e.g., email, SMS/text message, etc.), determines who to send the communication to, and has full control over the content of the communication and can edit any suggested content provided by BoatBites Inc.; and (iii) if you are receiving a Gift as part of a meal plan or other similar program organized by a User, the User may disclose some personal information about you to individuals who participate in the meal plan or other similar program and such disclosure is controlled by the User not by BoatBites Inc. and the User is required to have your consent or approval for the sharing of the personal information. We do not sell or share (as these terms are defined under applicable data protection and privacy laws) the personal information of Non-Users. For more information on the processing of Non-User personal information, please see below.

 

1. Categories of Personal Information Collected and Disclosed to Third Parties.

• Contact information, such as first and last names, residential address, phone number, email address, etc.
• Preferences for products, goods, and/or other items (e.g., food preferences, etc.)
• Order/transaction history
• Activity or actions in connection with a referral program (as applicable)
• Technical information, such as IP address, device identifier, browser type, device type, etc. (as applicable)
• Online activity, such as browsing history, websites/web pages/web content viewed or interacted with, etc. (as applicable)
• Communications data, such as the date and time of communications, the nature and content of the communications, information on the sender and recipients of communications, etc.

 

1. Categories of Sources of Personal Information.

• A User, such as when a Gift is organized or ordered or when a Referral is set up using BoatBites Inc.’s platforms or systems to transmit the message
• A Non-User recipient of an order when they interact or communicate with BoatBites Inc. about an order
• Your device, system, browser, when you access, use or interact with our platform(s), through the use of cookies and similar technologies as described in Section 3 (Cookies and Similar Technologies) of this Policy

 

iii. Purposes or Uses of Personal Information.

• Creating, facilitating and delivering an order, such as setting up the order, communicating the order to a Merchant(s), communicating with the Non-User about the order, and arranging for delivery through a BoatBites er
• Facilitating and administering our communication and interaction with you
• Operating our platforms and Services, including, without limitation, debugging to identify and repair errors that impair existing intended functionality
• Assisting a User in generating and transmitting a link for a Referral program
• Engaging in marketing and advertising activities in connection with cookies and similar technologies, as described in Section 3 (Cookies and Similar Technologies) of this Policy (as applicable)
• Complying with legal and regulatory requirements
• Protecting the interests, persons, and property of BoatBites Inc. and its personnel, you, and other third persons and parties
• Monitoring, investigating, preventing, mitigating and remediating, any alleged or actual prohibited, illicit, or illegal activities in connection with the Services and our business relationships and operations
• Ensuring compliance with our internal terms, policies, and agreements and meeting internal and external audit requirements, including our information security obligations
• Creating, enhancing and improving our Services and our business activities, including, without limitation, conducting internal research for technological development and demonstration, and undertaking activities to verify or maintain the quality or safety of our platforms and Services
• Handling inquiries, complaints, and requests
• Exercising our rights, and to defend ourselves from claims
• Protecting and enhancing the security of our systems, platforms and the Services (e.g., to prevent, detect, and mitigate security risks, malicious activity, spam, malware, etc.; to improve, enhance, and enforce our security measures and controls; and to monitor and verify identity for the purposes of protecting against unauthorized use, etc.)

 

1. Categories of Third Parties Who May Receive Personal Information.

• BoatBites Inc.’s group of companies
• The User(s) who set up the Gift or Referral (as applicable)
• Third parties who help us establish and administer our relationship with you and perform and deliver the Services, including the applicable Merchant(s) and BoatBiteser(s) to fulfill your order
• Third parties where we have a duty or obligation to or are permitted to disclose your personal information by law (e.g., government agencies, law enforcement, courts, and other public authorities)
• Professional service organizations (e.g., legal professionals, accountants, auditors, security professionals, information technology professionals) where we feel it is appropriate to protect the rights, persons, and property of BoatBites Inc., our personnel, you, our Users, our platforms and/or Services, and/or other persons or parties
• Any person or party to whom you direct, or consent to, us to disclose your personal information
• Third parties in order to participate in, or be the subject of, any sale, merger, acquisition, restructure, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings) or other similar transaction(s), in which case we may disclose your personal information to prospective buyers, sellers, advisers or partners and your data may be a transferred asset in a business sale

 

3. Cookies and Similar Technologies.

 

We use cookies, web beacons, pixels, session replay/screen capture, and similar technologies to collect information and personalize your experience with our Services. When we use session replay technology, we may collect on a real-time basis information on how you use and navigate the Services. This may include mouse movements and how you scroll through the Services, but we do not collect keystroke data. Additional information on other technologies we may use is set forth below.

 

For information on your opt-out rights under applicable data protection and privacy laws, please see Section 8 (Your Rights and Choices) of this Policy. Please note that even if you opt-out, you may still receive advertisements from us. However, in that case, the advertising will not be tailored to your interests. Please further note that the opt-out mechanisms will not impact or affect BoatBites Inc.’s non-interest based advertising on our platforms or Services.

 

1. Cookies

 

Cookies are small web files that a site or its provider transfers to your device’s hard drive through your web browser that enables the site’s or provider’s system to recognize your browser and remember certain information.

 

How We Use Cookies – We use first-party and third-party cookies for the following purposes:

 

• to make our Services function properly;
• to improve our Services;
• to recognize you when you return to our platforms and to remember information you have already provided, such as items already in your order cart;
• to collect information about your activities over time and across third party websites or other online services in order to deliver content and advertising tailored to your interests; and
• to provide a secure browsing experience during your use of our Services.

 

How to Manage Cookies – You may disable the use of cookies by modifying your browser settings. If you choose to disable cookies you may not be able to fully experience the interactive features of our Services. For more information on cookies and how to disable cookies visit www.ftc.gov/ftc/cookies.shtm or https://www.usa.gov/optout_instructions.shtml.

 

1. Web Beacons

 

Web beacons, also known as web bugs, pixel tags or clear GIFs, are tiny graphics with a unique identifier that may be included on our platforms to deliver or communicate with cookies, in order to track and measure the performance of our platforms and Services, monitor how many web visitors we have, and to monitor the effectiveness of our advertising. Unlike cookies, which are stored on the user’s hard drive, web beacons are typically embedded invisibly on webpages (or in an email).

 

1. Online Analytics and Advertising Technologies

 

We and our third-party vendors may use automated technologies (including cookie identifiers on our platforms), along with other collected information, to tailor ads or deliver content when you are on our Services or on other devices, apps or websites.

 

 

1. Targeted Advertising

 

We (or our service providers) may use the information we collect, for instance, IP addresses and unique mobile device identifiers, to locate or try to locate the same unique users across multiple browsers or devices (such as smartphones, tablets, or computers), or work with providers that do this, in order to better tailor content and features and provide you with a seamless experience across devices. If you wish to opt out of such cross device tracking for purposes of interest-based advertising, you may do so through your device settings. We may also use cross-device tracking to help identify our users and serve advertising. This type of advertising is often called “interest-based” or “personalized” advertising and when it occurs on mobile apps, “cross-app” advertising.

 

You can learn more about interest-based advertising and how to opt-out of receiving tailored advertising by visiting (i) the Network Advertising Initiative’s Consumer Opt-Out link or (ii) the Digital Advertising Alliance’s Consumer Opt-Out link. To opt out of Google Analytics for display advertising or customize Google display network ads, you can visit the Google Ads Settings page. These links are provided for convenience purposes only; BoatBites Inc. is not responsible or liable for the compliance practices and programs of the companies managing the opt-out processes available through the above links.

 

1. Mobile Applications

 

Depending on your permissions, we may receive your personal information from your Internet service and mobile device providers. Users of mobile devices who do not want to receive interest-based advertising may opt-out in several ways. Learn more about your choices for mobile devices by visiting http://www.aboutads.info/appchoices. Each operating system, (iOS for Apple phones, Android for Android devices, etc.) provides its own instructions on how to prevent the delivery of tailored in-application advertisements. You should view your device or system settings to determine how you can opt out of use of your device ID for “cross-app” personalized advertising.

 

4. Security.

 

BoatBites Inc. has implemented administrative, organizational, technical, and physical security controls that are designed to safeguard personal information. However, no online activity is ever fully secure or error-free. While we strive to protect your information, we cannot guarantee that your personal information is absolutely secure. Please keep this in mind when disclosing any information to BoatBites Inc..

 

Please recognize that protecting your personal information is also your responsibility. We urge you to take every precaution to protect your information when you are on the Internet, or when you communicate with us and with others through the Internet. Change your passwords as appropriate, use a combination of letters and numbers, and make sure you use a secure browser. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of your account might have been compromised), or if you suspect someone else is using your account, please let us know immediately by contacting us as indicated in Section 12 (Contact Us) of this Policy.

 

5. Data Retention.

 

Our retention of your personal information may vary based upon the nature of our relationship with you (e.g., User, Non-BoatBites er Independent Contractor, etc.) or, as applicable, the company or business with whom you are employed, associated, or connected (e.g., in the case of Merchant Personnel and Service Provider Personnel, etc.) and based upon several factors, including without limitation, the following:

• The length of time necessary to fulfill the purpose(s) for which we collected the personal information;
• When your relationship with us ceases or terminates or when the company or business that you are affiliated, associated, or connected with, ceases to maintain a business relationship with us;
• The length of time it is reasonable to keep records to demonstrate that we have fulfilled our business and legal duties and obligations and contractual commitments (as applicable);
• Any limitation periods within which claims can be made;
• Any retention periods prescribed by law or recommended by regulators, professional bodies, or associations; and
• The existence of any relevant legal proceedings.

 

6. Third-Party Sites.

 

Some of the functionality may be provided by third parties and the Services may link to other third-party websites that are not controlled by BoatBites Inc.. These third parties are not under our control and BoatBites Inc. is not responsible for their privacy policies or practices. If you provide any personal information to any third party or through any such third-party website, we recommend that you familiarize yourself with the privacy policies and practices of that third party.

 

 

7. Children’s Information.

 

16. Our Services are not intended for children under 16 years of age, and we do not knowingly collect personal information from children under the age of 16. If you are a parent or guardian of a child under the age of 16 and believe he or she has disclosed personal information to us, please contact us at privacy@BoatBites.club. A parent or guardian of a child under age 16 may review and request deletion of the child’s personal information. Parents or guardian’s should closely monitor their User accounts to ensure that the accounts are properly used.

 

1. In connection with our business-to-business relationships, we do not knowingly process any personal information of or about a child.

 

1. If we become aware that personal information we collected is associated with a minor under 16 years of age, we will delete that personal information.

 

8. Your Rights and Choices.

 

1. Your Rights.

You may have rights under certain data protection and privacy laws pertaining to our processing of your personal information. These rights are not absolute, meaning that, as permitted under applicable data protection and privacy laws, we may not be obligated to comply with your request and we can limit the frequency of your requests. For all requests, we will need to verify the identity of the data subject and, if applicable, the identity and authority of the person submitting the request on behalf of the data subject. If we are unable to confirm or validate the identity of the data subject and, if applicable, the identity and authority of the requestor if different than the data subject, then we may reject or deny the request. Subject to applicable data protection and privacy laws, you can exercise your rights free of charge.

Subject to applicable data protection and privacy laws, the following rights may be available:

Authorized Agent Requests. For authorized agents submitting a request on behalf of a data subject, please contact us at privacy@BoatBites.club and provide (i) the first and last names and email address for the data subject, (ii) the first and last names and business contact information for the agent, (iii) evidence of authority (e.g., power of attorney, etc.), (iv) the status of the data subject (e.g., User, Non-User, Merchant Personnel, etc.), (v) the right(s) being exercised, and (vi) in the subject line include “Authorized Agent Request”.

Contact BoatBites Inc. by Phone: If you do not have access to email or based on your personal preference, you may exercise any of the rights available to you by calling us at +1 (813) 448-6563.

Contact BoatBites Inc. by E-Mail: You may contact us via e-mail to exercise the following rights: (i) right to correct/rectify personal information, (ii) the right of access/right to know, and (iii) the right to deletion. In your email, please provide (a) your first and last name, email address and address of residency; (b) identify the right(s) being exercised; and (c) in the subject line include “DSR Request”.

1. Your Additional Choices.

 

1. Commercial Email Messages & Text Messages. You can unsubscribe from our marketing or promotional emails and text messages by using the unsubscribe mechanism in the communication. We will still send you transactional, information, and relationship communications about the use of our Services, platforms and/or the relationship between us and you. This opt-out option does not apply to BoatBites Inc. credit card offerings because these are provided through associated financial institutions. However, you can choose to stop receiving certain prescreened offers of credit that originate from participating nationwide credit reporting agencies, including our prescreened offers, by calling the official Consumer Credit Reporting Industry organization at 1-888-567-8688 or by going to www.optoutprescreen.com.

 

1. Push Notifications. In the notifications section of the account page on our mobile platforms/apps, you can adjust your preferences for push notifications for order updates, store offers, BoatBites Inc. offers, recommendations, reminders, and product updates and news. Please note that turning off notifications may impact the use of our Services, platforms, and/or the relationship between you and us.

 

iii. Location Access. You can restrict, limit or prohibit our access to your location through your device settings. Please note if you restrict, limit or prohibit our tracking of your location, this may impact your use of and our delivery of the Services.

1. Cookie Tracking. Please see Section 3 (Cookies and Similar Technologies) of this Policy.

 

1. Ad Personalization. To adjust your preferences on our ad personalization activities on third party platforms (e.g., websites and apps), please go to marketing choices in the privacy section of the User account and you can slide the toggle to disable or enable.

 

9. California Residents. California residents, please review additional privacy information in our California Privacy Notice.

 

10. Nevada Residents.

 

Under Nevada Revised Statutes Chapter 603A (Security and Privacy of Personal Information) (“Nevada Privacy Law”), companies that qualify as an Operator under Nevada Privacy Law must satisfy certain requirements pertaining to “Covered Information.” The term “Covered Information” is defined to include the following items of personally identifiable information: (1) first and last name, (2) home or other physical address, (3) email address, (4) phone number, (5) social security number, (6) an identifier that allows a specific person to be contacted either physically or online, and (7) any other information concerning a person collected from the person through the Internet website or online service of the operator and maintained by the operator or data broker in combination with an identifier in a form that makes the information personally identifiable. Under Nevada Privacy Law, certain Nevada consumers may opt-out of the sale of Covered Information, with “sale” being defined as the exchange of Covered Information for monetary consideration. We do not believe that we sell Covered Information under Nevada Privacy Law; however, we do offer an opt-out of the sale or sharing of personal information to satisfy requirements under other data protection and privacy laws and this right is available to Nevada residents as well.

 

11. International Users.

 

The personal information processed in connection with this Policy may be stored and processed on servers located in the United States and other global locations, which means that if you reside outside of the United States your personal information will be transferred, stored, and processed outside of the country or jurisdiction in which you reside.

12. Contact Us.

 

If you have any questions or concerns relating to this Policy or our privacy practices, please contact us at privacy@BoatBites.app.

13. Updates to this Policy.

This Policy may be subject to updates from time to time with or without notice. We recommend that you periodically review this Policy. In the event of any changes to this Policy, we will determine whether or not notice is required and, if notice is required, we will provide appropriate notice taking into account the nature of the changes. Your continued use of our Services after any updates to this Policy constitutes your agreement and acceptance of this Policy as updated. In the event that you disagree with the changes, your only remedy is to cease using the Services.