Privacy policy

1. GENERAL PROVISIONS

1.1. This Privacy Policy (the “Policy”) describes the procedure implemented by GETBOAT GLOBAL INC. and its affiliates and authorized representatives (hereinafter referred to as the “Company”) to collect and use the personal data in relation to use of service available at www.getboat.com (the “Service”). This Policy covers all persons, providing information in connection with the use of the Service (the “Users”), including any representatives, employees and service providers regarding the boats/yachts thereof, while they use the Service via the site www.getboat.com (the “Site”), mobile applications, any additional functions and services throughout the world.

1.2. The Company reserves the right to make, in its sole discretion, any amendments to this Policy at any time and without any special notice to this effect. The new version of this Policy shall come into effect from the moment it is posted on the Site. Continuing using the Service, the User confirms his/her consent to comply with the terms and conditions of the Policy in its current version. The Company recommends the Users to review the Policy more often in order to make sure that the User understands the terms, while using the Service. If the User does not agree with the terms of the Policy amended by the Company, he/she should stop using the Service.

1.3. Any timeframes set forth herein, are stated according to time zone UTC-5, unless otherwise stated in this Policy. The beginning and the end of calendar dates set forth herein, including those used to determine the duration of a term, shall be determined according to the beginning and the end of respective days in time zone UTC-5.

1.4. Unless this Policy expressly states otherwise, any terms used in the text, shall have the meaning determined in the Service License Agreement or Service End User License Agreement.

1.5. This version of the Policy shall come into effect on December 11, 2023 and shall remain valid until approval of a new version.

2. COLLECTION OF INFORMATION

2.1. While operating the Service the Company collects information that relates to an identified or identifiable person, which may include name, e-mail and/or residence address (the “Personal Information”). In addition to the Personal Information the Company collects information that does not identify the User, including age range, gender, deidentified or aggregated information. The Personal Information that the Company collects depends on what services are used or information is requested via the Service.  Collection and processing of the Users’ information is based on different contexts: performance of a contract by the Company, Company’s obligations under applicable law, legitimate interest of the Company in conducting its business and/or upon the User’s consent.  The following are examples of some Personal Information and not-identifying Users’ information that may be collected while operating the Service:

2.1.1 When using the Service for boat / yacht rent, the information on the Users may include:

• name (nickname),

• images,

• company or sole entrepreneur name,

• details of the company or sole entrepreneur registration (including TIN and VAT numbers),

• details of Boater Education Card/Charterboat Captain’s License,

• e-mail address,

• telephone number,

• details of registration in social media,

• login and password in the Service,

• current and previous settings of the Personal Account,

• information on devices used for access to the Service and cookie files,

• addresses and information of the current location,

• information on submitted Rental requests,

• information on previously concluded or booked Rentals,

• details of the loyalty cards of the Service’s partner that may be specified at the Rental booking,

• records of communication with the Service support and/or boat / yacht Owners,

• rating assigned to boat / yacht Owners and/or the Service, comments, reviews, etc.

The Service shall not in any way get access to and process the payment information of the Users (bank cards details, bank account details etc.) while Rental booking.

2.1.2. When using the Service as the boat / yacht Owner, information on the Users may include:

• name (name of the company or sole entrepreneur, conventional name of the boat / yacht Owner in the Service),

• images,

• e-mail address,

• telephone number,

• login and password in the Service,

• registered address,

• details of registration as the legal entity (sole entrepreneur, including TIN and VAT numbers),

• information on the boat / yacht offered for Rent (including technical data, registration information, images),

• payment details (including information on the banking or payment systems’ accounts necessary and sufficient for making payments to such accounts),

• regions where the boat / yacht Owner may render services via the Service,

• information on devices used for access to the Service and cookie files,

• web-site address, social media accounts or other description of business activity,

• information on devices used for the Service use and cookie files,

• current and previous settings of the Personal Account,

• positions and/or powers and names of the boat / yacht Owner’s representatives,

• details of the Offers placed via the Service, completed and non-completed Rentals,

• records of communication with the Service support and/or boat / yacht renters,

• rating assigned to the boat / yacht Owner and/or the boat / yacht in the Service (reviews, comments, etc.).

2.1.3. Information on the Users may be provided by way of:

- filling out respective forms in sections of the Personal Account by the Users,

- submitting respective data to the Company’s e-mail by the Users,

- collection of information during the use of the Service by the Users, including by placement of requests for the Rentals and completion of the same.

2.2. When a request for the Rental is placed by the User, the boat / yacht Owner gets access to the following information: place and time of the start and the end of the Rental. Upon sending an Accept for a certain Rental the following User details shall be available to the boat / yacht Owner: name, contact email and phone number. The boat / yacht Owner shall not have the right to use the above Users’ details for the purposes other than completion of the Rental.

2.3 The Company may transfer information on the Users for processing to its affiliates, subsidiaries or contractors under the respective service agreements between such third parties and the Company. Irrespective of where the data is processed, the Company shall implement adequate measures for security of the data.

3. INFORMATION USE AND TRANSFER

3.1. The Company shall have the right to use information provided by the Users for communication with the Users, in order to check the data kept in the Personal Account, ensure completion of and payment for the Rentals, and for mailing and posting information and marketing messages by any means and in any media. The Company hereby guarantees that for any media publications (including social media) it will use images and video loaded by the users to the Services but no personal data (names, etc.) of any Users.

3.2 The Company shall have the right to transfer information to its suppliers, consultants, marketing partners, research entities and any other service providers or business partners. During the transfer of information hereunder, the Company shall take measures to process information in compliance with the guidelines and Privacy Policy of the Company, as well as any other applicable regulations on confidentiality and security. In particular, such third parties may include:

• boat / yacht Owners (only with respect to data on passengers for the purposes of Rental completion);

• Users booking the boat / yacht via the Service (with respect to data on boat / yacht Owners, performing their Offers, including for the purposes of conflict situations settlement);

• Payment processors;

• Entities performing the verification of the documents (only with respect to data provided by the boat / yacht Owners);

• Cloud storage providers;

• Marketing partners and marketing platform providers;

• Providers of data analysis systems;

• Research entities, including companies taking the polls or conducting research together with the Company or on the Company’s behalf;

• Providers assisting the Company in increasing safety and improvement of protection of its applications;

• Affiliates of the Company, including subsidiaries and dependent companies;

• Consultants, lawyers, accountants, auditors and any other providers of professional consulting services;

• Partners in the scope of insurance and financial services.

3.3 The Company may transfer data on the Users, if it believes that it is required by applicable law, regulation, valid contract, court proceedings or request issued by a public authority, or if such information needs to be disclosed for the settlement of conflict situations (in particular, with respect to completion of and/or payment for the Rentals), ensuring security to the Users and/or the Service, in case of any claims and disputes, related to getting services under the Service and others by the Users.

3.4 The information on the Users may be provided by the Company to the third parties in connection with such events as merger or sale of the Company’s assets, amalgamation and restructuring, financing and acquisition of a business as a whole or in part, or during the negotiations of such matters.

3.5 Information on the Users may be provided by the Company to the third parties in connection with the violation by the Users of intellectual property rights in relation to the content posted in the Service, or any other violation of the third parties rights, for further resolution of the dispute.

3.6 The Company may disclose information to the third parties in situations, which are not expressly stated herein, subject to obtaining the User’s consent to disclosure of information pertaining to him/her.

3.7 Any data transfer by the Company mentioned in this section includes possibility of cross-border data transfer.

4. STORAGE AND ERASURE OF INFORMATION

4.1. The Company shall keep the information available in the User’s Personal Account and any other data about the User until the Personal Account is not deleted by the User or until the Service gets the User’s request for deletion of Personal Account. In order to comply with any legal, fiscal, insurance and any other requests, effective under applicable laws, User support, improvement of the service quality, research and analytics with respect to the Service use, direct marketing and for any other operational purposes, the Company shall keep all the information on the Users that may be received in accordance with this Privacy Policy, including information on payments of Rental Cost and License Fees, as well as of the devices used for the use of the Service within all the term of use of the Personal Account and within 7 (seven) years after the Personal Account is deleted. Upon expiry of this term the Company shall delete or anonymize such information in compliance with the applicable laws.

4.2. The Users may at any time send the request for deletion of his/her Personal Account. Upon receipt of such request, the Company shall delete all the information on the User, except for the information that must be kept and shall restrict access of any third parties, including the Service Users, to such User’s data, which remains in the Service. The Users hereby accept and agree, that even in case of deletion of the Personal Account, the information on the User may be provided by request to the third parties, in particular, if any conflict situation, related to completion of or payment for the Rental needs to be settled, for the purposes of ensuring security of the Users and/or the Service, prevention or investigation of any cases of fraud, etc.

5. ACCESS TO AND CHANGE OF INFORMATION

5.1. The Users may change name, telephone number and e-mail address that were specified in the Personal Account. The Personal Account also contains the history of the placed Offers and Requests and agreed Rentals (completed and non-completed due to any reasons), as well as the User’s rating in the Service.

5.2. The requests for receipt of any User’s information (including purposes of its processing, categories of information processed, information recipients or types of recipients), change of information specified in the Personal Account in case of its unreliability, deletion of the Personal Account and refusal to receive marketing information from the Company may be sent by the User to info@getboat.com.

6. COOKIES

6.1. The website of the Company uses “cookies”. Information that the Company gets through the cookies helps to deliver services in the most convenient way. By using this website, the User agrees with the placement of cookies in his/her device under the terms of this Agreement. If the User doesn’t agree with the use of cookies by the Company, the User needs either to customize respectively the settings of his/her browser for control or disabling of the cookies in his/her device or not to use the Site and exit it.

6.2. Information on cookies

Cookies are the small text files downloaded by internet browser of the User to his/her PC/tablet computer, telephone or any other device used by the User for access to the Site.

Cookies are used in order to ensure a personalized experience of the site use and convenient site navigation. They help to track the most visited web pages, determine the efficiency of advertising and web searches, and give an indication of the User behavior, thereby contributing to improvement of communication means and products offered to Users. The cookies also help the User not to lose data inserted into the request form, when the site page is refreshed.

Cookies that the Company saves through the Site do not contain any data enabling to identify the User.

Please note that the Company do not guarantee a correct work of the Company’s Site in the User’s browser, should the User disable the option of cookies storage.

6.3. Used cookies

The Company uses the cookies of the following types:

1. Performance cookies.

These cookies collect information on using of the websites such as, for example, information on the most visited by User pages of the site. They can be used by the Company for optimization of the websites and navigation facilitation. These cookies are also used by the Company’s affiliates to establish a fact of visit to the site from the site of affiliates; a fact of use of the website’s services. The performance cookies are not used for collection of personal data of the website User. All information collected with such cookies is intended for the purposes of statistics and remains anonymous.

2. Functionality cookies.

These cookies help the websites to remember the choice made by the User, when browsing the website. Such cookies can also be used to remember the settings like a font type and font size of the text, and any other adjustable parameters of the website. The functionality cookies can be used to track the recommended services and videos of the Company in order to prevent the repetition of the same. The functionality cookies help the User not to lose the data inserted into the request form in the website. The information provided by the functionality cookies does not enable User identification and tracking of the User’s experience in the websites, which are not related to the Company.

3. Advertising cookies.

These cookies record data on User actions in the web, including visits to the sites and pages, and data on the links and advertisements clicked by the Users for browsing. This is necessary to display on the websites the content, which is the most targeted for the User, and to ensure the opportunity to provide the advertising or any other information, which is the most compliant with the User’s interests. The Company, together with the third parties, including the technological partners and service providers, participates in advertising targeted to the interests of Users, delivering the advertisement and the personalized content, which, in Company’s opinion, will be of interest for the User.

6.4. Cookies management

Most web browsers are preset to accept cookies. The User may change settings to block the cookies by the browser or to get notifications, when such files are sent to the device. There are several ways to manage cookies. Read the browser manual please to learn more about how to adjust or change the browser settings. Please keep in mind that some personal services can’t be delivered to the User and the User selecting such settings can’t get a full access to all sections of the website.

6.5. Term of storage of cookies

Some cookies operate from the moment of the User’s access to the site till the end of a particular session in the browser. These files become useless and they are automatically deleted upon closing the browser. Such files are called session cookies. Some cookies are also saved on device between the sessions in browser and they are not deleted after the browser closing. Such cookies are called persistent cookies.

6.6. Additional terms and conditions

THE TERMS OF THIS POLICY APPLY WITHOUT REGARD TO HOW THE USER GETS ACCESS TO THE NETWORK AND/OR TO THE COMPANY’S SITE. BY ACCESSING THE SITE THE USER AGREES WITH THE TERMS OF POLICY EACH TIME THE USER VISITS THE SITE WITH USE OF ANY DEVICE. ANY AMENDMENTS MADE TO THE POLICY WILL BE PUBLISHED ON THE COMPANY’S SITE.

This Policy may be amended and/or supplemented by the Company in its sole discretion without any special notification. This Policy is an open and public document. The valid version of the Policy is available at https://getboat.com/yachts/privacy-policy/. The Company recommends the Users to check regularly the terms and conditions of this Policy for any amendments and/or supplements.

7. APPLICABLE LAW AND GLOBAL OPERATING

7.1. As the Service is globally operating, the Users’ personal data may be processed by the Company, its partners and service providers based in USA, Canada, Europe, Asia Pacific and South America under the local legislation which may differ from the laws applicable to a User’s country of residence. For other countries, the Company takes adequate measures to comply with the applicable data protection laws.

7.2. Personal information of Users residing in the USA is processed in accordance with the relevant state legislation (California Consumer Privacy Act, Delaware Online Privacy and Protection Act, etc.).

7.3. In respect to the personal data of the Users residing in the European Economic Area and Switzerland GETBOAT GLOBAL INC. (251 Little Falls Drive, Wilmington, New Castle County, State of Delaware, 19808, USA) is the controller under this Privacy Policy as in the terms of European Union General Data Protection Regulation 2016/679.

7.4. Personal data of the Users residing in UK is processed under the Data Protection Act 2018, and GETBOAT GLOBAL INC. (251 Little Falls Drive, Wilmington, New Castle County, State of Delaware, 19808, USA) is the controller for such information.

7.5. Personal data of the Users residing in the Republic of Azerbaijan, Republic of Armenia, Republic of Belarus, Republic of Kazakhstan, Kyrgyz Republic, Republic of Moldova, Russian Federation, Republic of Tajikistan, Republic of Uzbekistan shall be processed under the applicable local legislation by “Global Online Travel” Limited Liability Company (127 area, 11/11 Argishti street, Kentron 0015, Yerevan RA).