Effective Date: February 25, 2021
Hello from SHIPSHAPE.Pro!
We are committed to be a privacy-first company, which means safeguarding your data privacy and operating with transparency are paramount to our success.
TABLE OF CONTENTS
WHO WE ARE
This Policy applies to all users, including Visitors, Boaters, Contractors, and Developers, of our Services (individually referred to as “you”; collectively “General Users”). We may designate certain sections in this Policy with Boaters, Contractors, or Developers headings to indicate information that applies more specifically to those types of users for clarification and convenience only. This Policy does not apply to any third-party services that integrate with our Services, or that we use to provide the Services to you. For information about third-party privacy practices, please consult with their respective privacy policies directly. Any capitalized terms not otherwise defined in this Policy will have the same meaning as in the Terms of Service (the “Terms”).
“Personal Information” means any information relating to an identified or identifiable natural person. An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.
“Sensitive Personal Information” means Personal Information revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person’s sex life or sexual orientation, or any Personal Information relating to criminal convictions and offenses.
We do not affirmatively solicit or attempt to collect, use, or process any Sensitive Personal Information. As specified in our Terms, we do not verify or claim any responsibility for the content you post to or through our Services. Any such content is at your own risk. We do not disclose any Personal Information other than as described in this Policy. You can always refuse to supply Personal Information, with the caveat that it may affect the performance of or prevent you from using the Services.
As stated in the Terms, neither the Site nor the Service is directed toward individuals under sixteen (16) years of age (“Child” or “Children”). We do not knowingly collect or process personal information from Children. If we become aware that a Child has provided personal information to us, we will take all commercially reasonable steps to delete such information. Children are not eligible to use our Service.
As a condition to using our Service, you must affirmatively consent to both our Terms and Policy. Your consent survives, especially if you continue to use our Service, until such time as you affirmatively withdraw such consent by terminating your account, as described in the Terms.
INFORMATION WE COLLECT
We collect different types of information about you in various ways when you use our Services. In each case, we only collect as much information as is necessary or appropriate to achieve the purpose of such data collection.
Information You Give Us
We may collect your name, email address, postal address, phone number (including your mobile phone number), survey responses, and other Personal Information you give us directly on our Services. If you use our mobile application, we may also collect your mobile device ID and your precise location data. We do not disclose any of your Personal Information other than as described in this Policy. You can always refuse to supply Personal Information, with the caveat that it may affect the performance of or prevent you from using the Services.
When you visit our Services, some information is automatically collected. For example, we may receive information about your location, operating system, Internet Protocol (IP) address, access times, browser type and language, and the referring website you visited before our Services. We also collect information about your usage and activity on our Services using certain technologies, such as:
Our Services may allow you to connect and share your actions, comments, content, and information publicly, with other users, or with friends. Our Services may also allow you to connect with us on, share on, and use third-party services, including those on which our Services have a presence.
Please be mindful of your personal privacy needs and the privacy needs of others as you choose whom to connect with and what to share and make public. We cannot control the privacy or security of information you choose to make public or share with others. We also do not control the privacy practices of third parties. Please contact those sites and services directly if you want to learn about their privacy practices.
Information from Third Parties
We may also obtain information from other sources, such as third-party websites, applications, and services (each, a “Third-Party Platform”), through which you connect with our Services, and we may combine that with information we collect directly through our Services. For example, we often pre-populate unclaimed Contractor pages with publicly available data and will use the publicly listed telephone number associated with that Contractor to authenticate a claim to that Contractor’s page.
We may access information contained in cookies placed on your device by a Third-Party Platform as permitted by the terms of your agreement and privacy settings with such Third-Party Platform. We may share this information with the Third-Party Platform for its use as permitted by the terms of your agreement and privacy settings with such Third-Party Platform.
In addition to the types of information we collect for our General Users, we may also collect and retain your primary boating city, information about your boat, current and prior Contractor reservation details, favorite Contractors, special Contractor requests, and the contact information of people you add to, or notify of, your reservations through our Services (“Your Shared Contacts”). These are preferences you make within our Services or that are otherwise generated by you through your use of the Services. If you use our mobile application, we may collect and retain the Contractor search locations you select. For certain Services, credit or debit card account information may be required for billing purposes, as further described in the section called “How We Share Information” below.
Do not provide us with someone else’s contact information unless you have their consent to share it with us as one of Your Shared Contacts. We will not contact Your Shared Contacts for any other purpose than sharing your reservation details, as requested by you; however, Your Shared Contacts may be retained on our servers for record-keeping purposes.
In addition to the types of information we collect for our General Users, we may also collect and retain your bank account information for payment purposes and information regarding Contractors as detailed below.
In addition to the types of information we collect for our General Users, we may also collect and retain information from you and your users through your incorporation of our social media features and widgets for certain Services (“Widgets”), into your website, product, or service. We may use automated methods to analyze your website, product, or service where the Widgets have been incorporated. We may also use any information you or your users submit, upload, post, create, or add to the Services through your use of the Widgets (including, without limitation, the use by users of your service or website), which shall be deemed Your Content (as defined in the Terms). We may collect and retain any place, latitude, and longitude, or other location information that you or your users submit, upload, post, create, or add to the Services. We may also collect and retain any comments, ideas, or feedback that you submit to us through or about our Services.
HOW WE USE INFORMATION
We use Personal Information collected through our Services for the purposes outlined below in this Policy, disclosed to you on our Services, and otherwise in connection with our Services. We may use your information as follows:
Further examples of how we use your information follow below:
HOW WE SHARE INFORMATION
We may share your Personal Information with other users when you have authorized us to do so, or as otherwise described in this Policy.
We also work with various affiliates, third-party vendors, consultants, and other service providers (“Our Third Parties”). Our Third Parties may include vendors who provide Payment Information authorizations or fraud detection services to us and other third parties.
To use certain Services, such as booking reservations and making or receiving payments, we may require Payment Information. By submitting your Payment Information through our Services, you expressly consent to the sharing of your information with Contractors and Our Third Parties that provide payment processing services (“Payment Processors”). As explained in the Terms, these Payment Processors may store your Payment Information so you can use our Contractor payment services through our Services in the future. We do not store your full credit card number in our databases or servers, but we may, for example, retain the last four digits for identification purposes associated with transactions through our Services.
Our Third Parties may also provide services such as data collection, reporting, ad response measurement, and site analytics, as well as assistance with delivery of relevant marketing messages and advertisements (“Marketing Third Parties”). Marketing Third Parties may view, edit, or set their own cookies. We and Our Third Parties may also place web beacons for these Marketing Third Parties. The use of these technologies by Marketing Third Parties is subject to their own privacy policies and is not covered by this Policy.
We may share Personal Information with Our Third Parties, as well as other third parties unaffiliated with us, as described above and as follows:
We may also share aggregated or de-identified information with third parties at our discretion.
In addition to the above, we may share your information to provide certain Services to you. For example, when you make a Contractor reservation through our Services, your information is provided to us and to the Contractors with whom you choose to reserve. In order to facilitate your reservation, your information is provided to that Contractor, just as it would if you made a reservation by calling the Contractor, emailing the Contractor, or using the Contractor’s website. If you provide a mobile phone number, Contractors may send you text messages regarding your reservation. When you make a Contractor reservation and make a payment to a Contractor through our Services, we may also share with the Contractors additional information, such as information about your boating preferences and history or information that we collect via Our Third Parties. You also have the option of indicating special preferences or providing comments about your reservation that we will pass on to that Contractor.
We may also share with Contractors summary reports of feedback from you and other Boaters. For example, if you provide comments about a Contractor through our Services, these comments may be shared with that Contractor. Information you choose to share with a Contractor when you make a reservation and pay a Contractor through our Services may be used by the Contractor for its own purposes. We do not control, and are not responsible for, the privacy practices of Contractors. Please contact the Contractors directly if you want to learn about its privacy practices.
In addition to the above, information about your services that you provide to us may be included on the public profile page for your company on our Services. The information that we display may include:
HOW WE STORE, TRANSFER & SECURE INFORMATION; OUR RESPONSIBILITIES
The security of your Personal Information is important to us, and we strive to implement and maintain reasonable, commercially acceptable security procedures and practices appropriate to the nature of the information we collect to protect it from loss, misuse, unauthorized access, disclosure, alteration, and destruction. If your Payment Information is being transmitted to or through our Services, it will be protected by encryption technology, such as Secure Sockets Layer (SSL).
To be clear, we do not store your Payment Information, and we do not have direct control over or responsibility for your Payment Information. Our contracts with Our Third Parties that receive your Payment Information require them to keep it secure and confidential.
Nonetheless, we cannot guarantee that transmissions of your Payment Information or Personal Information will always be secure or that unauthorized third parties will never be able to defeat the security measures taken by us or Our Third Parties. We assume no liability or responsibility for disclosure of your information due to errors in transmission, unauthorized third-party access, or other causes beyond our control. You play an important role in keeping your Personal Information secure. You should not share your user name, password, or other security information for your account on our Services with anyone. If we receive instructions using your user name and password, we will consider that you have authorized the instructions.
SHIPSHAPE.Pro may store and process Personal Information in the United States and other countries. Information may be transferred to, and maintained on, servers and databases located outside of your state, province, country, or other governmental jurisdiction where the privacy laws may not be as protective as your jurisdiction. Please be advised that we may transfer your information to and from any state, province, country, or other governmental jurisdiction, and process it in the United States or elsewhere. If our hosting services or data storage policies change, we will notify you by updating this Policy and may notify you through other means. Your continued submission of information represents your agreement to any such continued transfer.
For all authorized data transfers we make, whether internally or through Our Third Parties, we will only transfer data for the limited and specified purposes in this Policy or otherwise specified at the time you gave consent. Our Third Parties are obligated, under contract where applicable, only to process transferred data for the limited and specified purposes consistent with the consent you provided, as well as to provide at least the same level of privacy protection as we do under this Policy. We will take reasonable and appropriate steps to ensure that your transferred data is effectively processed in keeping with this Policy.
Our Third Parties are required to notify us if they can no longer meet their obligations and will stop processing your data or take other reasonable and appropriate steps to remediate. As of the date of such a notification, we will take reasonable and appropriate steps to stop and remediate unauthorized processing. If requested by the Department of Commerce, we will provide a summary or a representative copy of the relevant privacy provisions of our contracts with such agents and third-party service providers.
HOW TO ACCESS & CONTROL YOUR INFORMATION
Accessing, Correcting, and Restricting Your Personal Information
Subject to applicable law, you may be able to access, modify, or restrict access to your Personal Information and other information through the Services, or upon request. You may also have the right to lodge a complaint with your local data protection authority where you reside. If your account is administered by an organization and you are not the administrator, you must refer to that organization’s policies regarding your Personal Information and contact your administrator accordingly. We do not control, nor are we responsible for, the policies set by organization administrators. It is your responsibility to ensure that your Personal Information is current, correct, and accurate.
Removal and Portability
You may be able to remove or receive an electronic copy of your Personal Information and other information through the Services, or upon request, as is feasible and unless otherwise specified by your organization’s policies.
We will make all commercially reasonable efforts to provide you with or remove your Personal Information from our databases and servers upon request, as feasible, and as required under applicable laws and regulations. However, we may retain your Personal Information and any other information necessary in order to pursue legitimate business interests, conduct audits, comply with and demonstrate compliance with legal obligations, resolve disputes, and enforce our agreements. Likewise, if you post or share information publicly or with other users, certain information may remain even after you have terminated your account or requested the removal of your Personal Information.
In some cases, we may not be able to remove or supply you with your information, in which case we will let you know why. If fulfilling your request would reveal information about another person, or otherwise violate the rights and freedoms of others, we will notify you that we cannot act on your request for such reasons.
Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or services of our Services. Most mobile devices allow you to turn off location services. For more information about how to do this, please contact your mobile service carrier or your device manufacturer. If you choose to turn off location services, this could affect certain features or services of our Services.
You may opt out of receiving promotional communications from us as previously described, as well as by following the instructions in those emails. If you opt out, we may still send you non-promotional emails, such as emails about your account on our Services, your reservations made through our Services, or our ongoing business relations. You may also send requests about your contact preferences or changes to your information, including requests to opt out of sharing your Personal Information with third parties, to the email address listed for such requests under “Contact Us” below.
We may update or revise this Policy from time to time at our sole discretion, with or without notice to you. If we make any changes to this Policy, we will change the “Effective Date” above. If such changes are material, we may notify you of the updated Policy by email. You are free to decide whether or not to accept a modified version of this Policy, but accepting this Policy, as modified, is required for you to continue using our Services. Accordingly, if at any time you do not agree to be subject to this Policy or the modified Policy, you may no longer use the Service.