PRIVACY POLICY

Last updated: May 22, 2023

California Consumer Privacy Act Rights https://oag.ca.gov/privacy/ccpa

This Privacy Policy describes our practices regarding the collection, use and disclosure of personal information collected and processed by BoatBot LLC. (“Company,” “us,” or “we”) and applies to information about users of our application services and other data provided by Company.

This Privacy Policy only covers information collected by Company and does not govern the information practices of companies affiliated with Company. Please note specifically that where applicable, services provided by affiliated company, BoatBot LLC.

TABLE OF CONTENTS

  1. INFORMATION WE COLLECT
  2. HOW WE USE INFORMATION
  3. HOW WE SHARE INFORMATION
  4. THIRD PARTY ADVERTISING AND ANALYTICS COMPANIES
  5. “DO NOT TRACK” AND GLOBAL PRIVACY CONTROL SIGNALS
  6. CHANGING YOUR INFORMATION
  7. THIRD PARTY CONTENT, WEBSITES AND DEVICES
  8. SECURITY
  9. RETENTION
  10. CHANGES TO THE PRIVACY POLICY
  11. GENERAL AUDIENCE SITE
  12. YOUR PRIVACY RIGHTS UNDER STATE LAWS
  13. CONTACT US

Information We Collect Automatically 

Company offers a variety of products and services, and the information we collect will depend on which products and services you use.  We may collect information from you directly, automatically when you use any of the Services and also from third parties. Some of this information may be considered “personal information” or “personal data,” and some of which may be considered “sensitive” under various applicable laws. We consider information that identifies you as a specific, identified individual to be personal information (such as your name, phone number, e-mail address), and we treat additional information, including IP addresses and cookie identifiers, as “personal information” where required by applicable law. And, if we combine information, we consider to be non-personal with personal information, we will treat that combined information as personal information under this Privacy Policy. Note that we may de-identify or pseudonymize personal information so that it is non-personal, such as by aggregating it or converting it to a code, sometimes using a function commonly known as a “hash.” We will treat de-identified and pseudonymized information as non-personal to the fullest extent allowed by applicable law.

Information You Provide to Us Directly

When you access or interact with the Services, we may ask that you provide us with certain information, or you may choose to provide certain information to us.  Such information may include: 

Contact and Payment Information

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You may provide information to us when sign up for a subscription (free trial or paid) to access our services, establish a user profile, purchase products from us, or contact us (via email or online form) This may include account or profile information (email address and password), contact information (name, phone number, shipping address), payment information (for example, credit card information), and vessel information.

Other Information

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Certain features may collect additional information from you directly, such as demographic data or information about your preferences and interests.  We may infer information about you based on other information we have collected and supplement the information we have associated to you and your account, to better personalize the Services and our communication with you.

If you choose to use a voice feature with our services we may record your voice. We do not collect or store voiceprints or use such voice data to identify you personally.

Information We Collect Automatically

We as well as third party companies we have business relationships with, may use a variety of technologies that automatically or passively collect certain information whenever you visit or use a Service or otherwise interact with us or our content (“Usage Information”). Usage Information may be collected from any device you use to access the Services including desktop computers, mobile phones, and tablets.

General Usage Information

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We may collect Usage Information such as the hardware model, browser, internet service provider, operating system, the URL or advertisement that referred you to the Service you are visiting, the areas of the Services that you visit or use. Note this may include data that allows us to follow up with you, such as when you begin the process to make a purchase but abandon the transaction. In addition, we automatically collect your IP address and unique identifier (“Device Identifier”) for any Internet-enabled Device you use to access the Services.

Interactions with our Content

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We also collect Usage Information related to the content you ask Captain AI and service information.

Cookies - Cookies are small text files that help store user preferences. These files are stored locally on your device when you use the website or certain Internet-enabled Devices to access the Services.  These technologies are able to store a unique identifier for a device that allows us to recognize the device whenever it returns to that Service. These technologies may be used for many purposes, such as automatically collecting Usage Information, enabling features, serving advertisements to you online, and remembering your preferences. We, our service providers or third party companies with whom we have a business relationship may use cookies and other technologies to help us manage and report on your interaction with the Services, secure and improve the Services, study the effectiveness of our customer communications, maintain the integrity of the Services, manage multiple instances of the Services in a single browser, collect and report on aggregate statistical information, measure crash analytics and other maintenance related information, manage and measure the performance of advertisements placed by Company on other sites or delivered by or through the Services, and personalize your experience of the Services, such as to recognize you when you return to the Services. Other information we collect may include internet protocol (IP) addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, and date/time stamp. You may limit cookies on your device by adjusting the settings on your Internet browser or via settings we make available on our website. You will need to indicate your preferences for each device or browser that you use.  If you choose to disable cookies or to adjust your privacy settings on your device, some features of a Service may not function as well. For more information about cookies and managing cookies generally, visit http://www.allaboutcookies.org .

Web Tags‐

Small graphic images or other web programming code called web beacons (also known as “1×1 GIFs” or “clear GIFs”), may be included in our web pages and e-mail messages. Web tags or similar technologies may be used for a number of purposes, including, without limitation, to count visitors to a Service, to monitor how users navigate a Service, to count how many e-mails that were sent were actually opened or to count how many particular videos or links were actually viewed.

Beacons‐

Beacons are small, wireless transmitters that use low energy Bluetooth technology to send signals to other smart devices in their proximity and can be used by mobile applications to help locate a device’s physical location. We may use beacons when your Internet-enabled Device interacts with the Services, typically through a mobile application, to serve you relevant advertisements, and may in some instances, share beacon data with third parties, including to serve you advertisements based on your location.

Software Development Kits (SDKs)‐

SDKs are a software package that contains a set of tools that can be used to help build applications and implement new features in existing apps. These tools can be used to create and operate features that collect information from your device.

Data Collection from Mobile Devices‐

We use SDKs and similar tools to collect information from mobile devices such as the hardware model, operating system and version, identification numbers assigned to your mobile device, such as the ID for Advertising (IDFA) on Apple devices, and the Advertising ID on Android devices, mobile network information, and website usage behavior. In addition, we may use a variety of other technologies that collect similar information for security, fraud detection, and maintenance purposes.

In addition, we may use a variety of other technologies that collect Usage Information and similar information for security and fraud detection purposes.

Location Information

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When you use an Internet-enabled Device to access the Services, we collect your approximate (or “rough”) location via your IP address. We do not collect precise geolocation of your mobile device or your vehicle without your consent.

Social Media Interactions

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The Services may facilitate interactions with an interactive third party website or service (“Social Media”), which may include the ability for you to “like” or “share” content. If you choose to post information to a Social Media platform, that information will be public. You may also have the opportunity to connect your account on a Social Media service (e.g., Facebook or Twitter). When you interact with Social Media through the Services, we may receive information about you from that Social Media service and they may set their own cookies and collect information about your use of the Services, including your IP address or other Device Identifier and which page you are visiting on a Service. These Social Media platforms may be able to collect certain information about your visits to the Service regardless of whether or not you affirmatively interact with the feature and whether or not you are logged into (or have) an account with the Social Media platform.

The information collected and stored by a third party is subject solely to the third party’s privacy practices. Company is not responsible for, and will assume no liability, if a third party collects, uses, or shares any information about you in violation of its own privacy policy or any applicable laws, rules, or agreements.

HOW WE USE INFORMATION 

We may use information we collect or obtain, including Usage Information and personal information, to:

facilitate your use of and access to the Services, including to determine your eligibility to receive service, process your registration and verify the information you submit to us, enable you to manage your account and subscriptions, maintain your user profile, send you service- and account-related communications, and provide customer service, including communicating directly with you about any inquiries or requests you submit to us;

provide you with information, special deals, offers, extensions of service, promotions, or new product or services offered by us, or by third party entities that we think may be of interest to you;

enhance your experience on the Services and content recommendations and communications;

administer and improve the Services, and for internal business purposes such as to develop new products and services, perform market research, analyze and produce statistical reports and gauge the effectiveness of our marketing efforts;

understand how you use the Services, including identifying popular areas and analyzing trends and usage patterns;

identify and connect you, your account or your user profile to Services for which you are eligible to receive;

tailor the placement and content of advertisements to you, your interests, or your location on the Services or other sites and applications, and to monitor and control the ad delivery, performance and frequency;  

investigate and prevent fraudulent transactions and other illegal activities or activities that violate our policies;  

identify, diagnose and address technical issues;

contact you with regard to your use of the Services, our agreements with you including the Customer Agreement and Website Terms of Use, or changes to our policies;

to comply with our policies, procedures, and legal obligations including complying with government authority requests, regulatory requirements, and enforcing our agreements and policies; and

fulfill purposes disclosed at the time you provide your personal information or otherwise with your consent.

We may also use non-personal information at our discretion, including to identify satellite or other service outages, and to serve, monitor, and report on general, regional or contextual advertising, and to allow others to do so.

HOW WE SHARE INFORMATION

We share non-personal information, which may include Usage Information or information that has been de-identified or pseudonymized, with third parties at our discretion as allowed by law.

We may share personal information we have collected about you as disclosed to you at the time you provided your information or as described in this Privacy Policy, and in the following circumstances:

Subsidiaries and Affiliated Entities

We may share information with our affiliates and subsidiaries for business, analytical, marketing, operational and advertising purposes and to offer, provide, and improve services and products offered both individually and jointly.  

Unaffiliated Third Parties

Unless otherwise stated, we may share your personal information with unaffiliated third parties for their own business and marketing purposes. A third party’s use of the personal information is subject to their privacy policy and data practices. You may opt-out of our sharing of your information for third-party marketing through your by sending an email request to opt-out of sharing for third-party marketing to privacy@boatbot.ai. Opt-out requests received via these channels may take up to 15 business days to process. California residents, please see section below titled NOTICE TO CALIFORNIA RESIDENTS for additional information.

When You Consent To or Direct Us To Share Your Information

We may share your personal information when you expressly consent or otherwise direct us to do so. For example, you may be presented with the option to share your information with a third party content provider of content that you have expressed interest in. Please note that we are not responsible for the privacy practices of any such third party, and you should consult the privacy policy of the third party for information about how they will use your information.  If you later decide that you no longer want to receive communications from a third party, you will need to contact that third party directly.

When You Post Content Publicly

The Services may offer message boards, chats, forums and other public areas (“Community Forums”) where you can choose to interact with others and/or to post or submit content. Note that anything you choose to disclose in such a Community Forum is public. It may be viewed, collected and used by others and the protections of this Privacy Policy will not apply. Think carefully before you post and use caution before disclosing any personal information.

Service Providers

We may share information with third party service providers or allow those third parties to collect information about you, to enable them to perform services on our behalf, such as website hosting, conducting website usage analytics, supporting calls for customer service, sending mail, email, text, or other communications, fulfilling orders, providing marketing assistance and data analysis, processing payments, performing collection activities, and other services. Additionally, we may share various information relating to our users and fraudulent or potentially fraudulent activities with our fraud prevention and similar service providers, and they will use this information to help us and their other clients prevent fraudulent and illegal transactions.

Administrative and Legal Reasons

We may disclose personal information to third parties: (i) to comply with a legal obligation, such as respond to a valid subpoena or other legal process or if we believe in good faith that the law requires it; (ii) in response to a legitimate request of legal, regulatory or governmental authority conducting an investigation; (iii) to protect, enforce or defend our agreements including the Customer Agreement, Website Terms of Use, or other policies applicable to our Services; (iv) to respond to an emergency; (v) otherwise to protect the safety, rights, property or security of Company, our employees or contractors, our subsidiaries, or our customers, or the public; or (vi) to protect against fraud or to conduct risk management. In the course of any of the above, we may also use Device Identifiers, including IP addresses, to identify users, and may do so in cooperation with copyright owners, Internet service providers, wireless service providers or law enforcement agencies at our discretion.

We may share non-personal information, which may include Usage Information or other information that has been de-identified or pseudonymized, with third parties at our discretion and as allowed by law, including for targeted advertising purposes. California Residents, please see section below titled NOTICE TO CALIFORNIA RESIDENTS for additional information.


Business Transfers

In the event Company goes through a business transition, Company reserves the right to disclose and transfer all personal information related to the Services (including, without limitation, during the course of any due diligence process): (i) to a subsequent owner, co-owner or operator of a Service or applicable database; or (ii) in connection with a corporate merger, consolidation, restructuring, bankruptcy, the sale of certain of Company’s ownership interests, assets, or both, or other company change. By providing your information, you understand and agree that we may transfer such information to the acquiring entity without your further consent.

THIRD PARTY ADVERTISING AND ANALYTICS COMPANIES

We work with third party companies (such as advertisers, ad agencies, analytics providers, and other advertising entities) to serve advertisements and offers for the Services on other properties and applications, to serve third party ads on the Services and to provide us with information regarding the use of the Services and the effectiveness of our advertisements. These third parties may set and access their own tracking technologies on your Internet-enabled Device (including cookies and web beacons), and they may otherwise collect or have access to Usage Information and other information about you, some of which may be personal information under various state laws. Some of these parties may collect personal information over time when you visit the Services or other online websites and services. We may share information, typically information that has been pseudonymized or de-identified (including hashed email addresses), Usage Information, and general location information with third party advertising companies, analytics providers and other third parties for the purpose of serving you more relevant ads on and off the Services.

You have the following methods to exercise choice around the collection of data by these advertising/analytics third parties through the Services:

Cookie Settings

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Company offers visitors to the Company website an ability to opt-out of the collection of personal information by third party cookies placed on our website for certain targeted advertising and similar purposes. You can make changes to which categories of cookies we use (with the exception of strictly necessary cookies) by launching the Cookie Settings from the footer of our web pages.

Self-Regulatory Programs Opt-Outs

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We may work with a variety of companies to serve advertisements. Some of these companies are members of the Network Advertising Initiative (“NAI”) or the Digital Advertising Alliance (“DAA”) Self-Regulatory Program for Online Behavioral Advertising and you may want to visit the following webpages, which provide “opt-out” mechanisms for participating companies: https://optout.networkadvertising.org  and https://optout.aboutads.info .

Mobile-Based Opt Outs

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Mobile devices may contain settings that allow you to disable tracking advertising and/or analytics. Your mobile device manufacturer may also provide methods to opt-out from advertising based on your individual interests through your mobile device. If you are using an iOS-based device and do not want to receive advertisements personalized to you or your individual interests, you may be able to limit these advertisements by enabling “Limit Ad Tracking” on your iOS Device following these instructions from Apple . If you are using an Android-based device and you do not wish to receive advertisements personalized to you or your individual interests, you can visit Google’s Ads Settings  page from a browser on your Android-based device and make your choices there. In addition, the digital advertising industry has provided the ability for mobile users to register their intent not to receive targeted advertising at http://www.aboutads.info/appchoices.

Google Analytics

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We use Google Analytics, which uses cookies and similar technologies to collect and analyze information about use of the Services and report on activities and trends. This service may also collect information regarding the use of other websites, apps, and online services. You can learn about Google’s practices by going to http://www.google.com/policies/privacy/partners, and opt out of them by downloading the Google Analytics opt-out browser add-on.  

Please note that your opt-out choices are browser and device specific; if you disable your cookies, upgrade your browser after opting out or if you use multiple different Internet-enabled Devices, please opt-out on each device and each browser separately. Also, opting out through these mechanisms does not opt you out of being served advertising and you will continue to receive generic ads while online. Certain states provide additional rights.

“DO NOT TRACK” and Global Privacy Control Signals

Do Not Track

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Note that your browser settings may allow you to automatically transmit a “Do Not Track” signal to websites and online services that you visit. When you choose to turn on the “Do Not Track” setting in your browser, your browser will send a signal to websites, analytics providers, advertisement networks, plug-in providers, and other web service providers you encounter while browsing to stop tracking your activity.  To find out more about and set up “Do Not Track,” please visit http://www.allaboutdnt.com .

Global Privacy Control

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Global Privacy Control (“GPC”) is a technical specification in your browser settings that you can use to automatically inform websites of your privacy preferences with regard to third party online tracking.  To find out more about and set up GPC, please visit https://globalprivacycontrol.org/#about .

CHANGING YOUR INFORMATION

You are responsible for maintaining the accuracy of the information you submit to us, such as contact information you have provided for your account. If you wish to make any changes or updates to your personal information, please visit user profile located in your app.

THIRD PARTY CONTENT, WEBSITES & DEVICES

In certain instances, the Services may be associated with or direct subscribers to content that is served by another party or links to third party content or web sites that Company does not control, such as resellers of the Services or radios used to deliver the Services, third party promotional services accepted by you as a benefit of your BoatBot LLC subscription, or sponsors or other third party businesses that may display our logo as part of a co-branded business relationship.


Use of Framing Techniques

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Some third-party companies with whom we have a business relationship may utilize framing techniques to serve content to and from webpages accessible through our Services while preserving the look and feel of our website. Please be aware that if a third party utilizes framing techniques, you are providing your personal information to the third party and not to Company.

SECURITY

We implement commercially reasonable technical and organizational measures designed to secure your personal information. However, no data transmission over the Internet, wireless transmission or electronic storage of information can be guaranteed to be 100% secure. Company cannot ensure or warrant the security of any information we collect. You use the Services and provide us information at your own risk.

RETENTION

We will retain your personal information during the time you have an account, maintain a listener profile with us or continue to use the Services, and for as long as it is reasonably necessary for the purposes set out in this policy; to support and provide you access to the Services; exercise the choices and rights you have requested; comply with our contractual obligations; resolve disputes and enforce our Customer Agreement and Website Terms and comply with legal, financial and regulatory requirements.

CHANGES TO THE PRIVACY POLICY

To the extent allowed by applicable law, Company reserves the right to change this Privacy Policy at any time. We will notify you of material changes by posting the changed or modified Privacy Policy on the Services and will otherwise notify you as required by applicable law. We may also provide notice to you in other ways, such as through an email address that you have provided. Any changes will be effective immediately upon the posting of the revised Privacy Policy unless otherwise specified. Your continued use of the any of the Services after the effective date of the revised Privacy Policy will constitute your consent to those changes to the fullest extent allowed by applicable law. However, we will provide notice and obtain your consent (opt-in or opt-out) if required. Note that when applicable, you may need to consent to a revised policy in order to continue to use the Services.

GENERAL AUDIENCE SITE

The Services are intended for a general audience, and we do not knowingly collect personal information from children younger than age 18. 

YOUR PRIVACY RIGHTS UNDER STATE LAWS 

Notice to California Residents


Your Rights Under the California Consumer Privacy Act of 2018 (CCPA) and as amended by the California Privacy Rights Act of 2020 (CPRA):

If you are a resident of California, please review the latest at the following site https://oag.ca.gov/privacy/ccpa, which sets forth certain information about your California privacy rights and additional information about the personal information we collect and share.


Your rights under Cal. Civ. Code § 1798.83 (Shine the Light law):

California residents have the right to request from companies conducting business in California certain information relating to third parties to which the company has disclosed certain categories of personal information during the preceding year for the third parties’ direct marketing purposes. You may request certain information about categories of personal information shared by Company with unaffiliated third parties for those parties’ own marketing purposes during the previous calendar year and the names of such parties.


To make your request, please write to us at: 123 BoatBot Blvd. Newport Beach, CA 92625

Notice to Nevada Residents


If you are a resident of Nevada residents, you may apply limits to the sale of certain personal information to third parties for resale or licensing purposes, subject to applicable law.  Company does not sell your personal information for such use.  You are entitled to register your preference for limits on such sales in the future by sending an email to privacy@boatbot.ai, with the subject line, “Nevada Do Not Sell Request” along with your first and last name, street address, city, state, zip code, whether you are a former or current BoatBot LLC subscriber, and a valid email address so that we can contact you if needed regarding your request. Note: in order to process a request from a former or current BoatBot LLC subscriber, your email address must match the email address on your account. 

Notice to Virginia Residents


As required under the Virginia Consumer Data Protection Act (VCDPA), this Privacy Policy describes the categories of personal data we process, the purpose for processing personal data, the categories of personal data shared, and the categories of third parties with whom personal data is shared. Virginia residents have the following rights, all subject to the meanings and exceptions set forth in the VCDPA:

To confirm whether we are processing your personal data and to request a copy of the personal data previously provided by you to us, up to twice annually (“Right to Access“)

To request that we delete the personal data provided by you or obtained about you (“Right to Delete“)

To opt-out of the processing of your personal data for the purposes of targeted advertising as defined under VCDPA (“Right to Opt-Out of Targeted Advertising”)

BoatBot LLC may engage in advertising practices that may be considered “targeted advertising” under the VCDPA.  To opt out of targeted advertising, please submit your preference to privacy@boatbot.ai. To disable online sharing through cookies set by third parties that may be considered targeted advertising under the VCDPA, please launch the Cookie Settings from the footer of our web pages.

To opt-out of the processing of your personal data for the purposes of a sale (“Right to Opt-Out of Sale”)

To opt-out of the processing of your personal data for the purposes of profiling in furtherance of decisions that produce legal or similarly significant effects. (“Right to Opt-Out of Profiling”)

To opt-in to the processing of sensitive data (as defined under VCDPA) (“Right to Opt-in to Processing of Sensitive Data”).

If you are a Virginia resident and would like to exercise any of these rights described above pursuant to the VCDPA, and any implementing regulations adopted thereunder, please submit a request at privacy@boatbot.ai.


Virginia residents also have the right to request correction of inaccurate personal data we hold about you (“Right to Correct ”). This right may be exercised directly through your Online Account Center.  If you need additional assistance, please contact a customer care agent at 800-869-5593 to provide the correct information. 


VCDPA Appeals

Pursuant to the VCDPA, if, for any reason, you would like to appeal our decision relating to your request, you have the right to submit an appeal and can do so by submitting your request at privacy@boatbot.ai. Please provide all of the requested information so that we may properly address your appeal. 


CONTACT US

If you have any questions about this Privacy Policy, please privacy@boatbot.ai or write to us at:


BoatBot LLC.

Attn: Chief Privacy Officer

123 BoatBot Blvd. Newport Beach, CA 92625