Privacy Policy

*Introduction*

BoatyBall, LLC ("Company” or “We") respect your privacy and are committed to protecting it through our compliance with this policy. This policy describes:

1. The types of information we may collect or that you may provide when you download and register with BoatyBall through either our mobile application or website, www.boatyball.com (the “Platforms").
2. Our practices for collecting, using, maintaining, protecting, and disclosing that information.

This policy applies only to information we collect in the Platforms and in electronic communications sent through or in connection with the Platforms.

This policy DOES NOT apply to information that:

1. We collect offline or on any other Company apps or websites, including websites you may access through the Platforms.
2. You provide to or is collected by any third party, including but not limited to Stripe [https://stripe.com/us/privacy].

Our Platforms, and these third parties may have their own privacy policies, which we encourage you to read before providing information on or through them.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, do not download, register with, or use the Platforms. By downloading, registering with, or using the Platforms, you agree to this privacy policy. This policy may change from time to time. Your continued use of the Platforms after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

*Children Under the Age of 13*

The Platforms is not intended for children under 13 years of age, and we do not knowingly collect personal information from children under 13. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at support@boatyball.com.

*Information We Collect and How We Collect It*

We collect information from and about users of our App:

1. Directly from you when you provide it to us.
2. Automatically when you use the Platforms.

When you download, register with, and use the Platforms, we may ask you provide information:

1. By which you may be personally identified, such as name, postal address, email address, telephone number, and financial information ("personal information").
2. That is about you but individually does not identify you, such as the location and IP address from which you access the Platforms, information regarding any person or entity from which you were referred to the Platforms, boat information, boat license, boat specifications, charter company information, the internet address of the website from which you linked to the Platforms, and information regarding your use of the Platforms.

This information includes without limitation:

1. Information that you provide by filling in forms in the Platforms. This includes information provided at the time of registering to use the Platforms and in using the Platforms’ services. We may also ask you for information when you report a problem with the Platforms.
2. Records and copies of your correspondence (including email addresses and phone numbers), if you contact us.
3. Details of reservations you carry out through the Platforms. You may be required to provide financial information before making a reservation through the Platforms.
4. Your search queries on the Platforms.

You may provide information to be published or displayed ("Posted") on public areas of websites you access through the Platforms (collectively, “User Contributions"). Your User Contributions are Posted and transmitted to others at your own risk. We cannot control the actions of third parties with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons. When you download, access, and use the Platforms, it may use technology to automatically collect:

1. Usage Details. When you access and use the Platforms, we may automatically collect certain details of your access to and use of the Platforms, including traffic data, location data, logs, and other communication data and the resources that you access and use on or through the Platforms.
2. Device Information. We may collect information about your mobile device and internet connection, including the device’s unique device identifier, IP address, operating system, browser type, mobile network information, and the device’s telephone number.
3. Stored Information and Files. The Platforms also may access metadata and other information associated with other files stored on your device. This may include, for example, photographs, audio and video clips, personal contacts, and address book information.

If you do not want us to collect this information you may opt out at any time by [OPT-OUT METHOD]. Note, however, that opting out of the Platforms’ collection of location information will cause its location-based features to be disabled.

*Automatic Information Collection*

The technologies we use for automatic information collection may include:

1. Cookies (or mobile cookies). A cookie is a small file placed on your smartphone. It may be possible to refuse to accept mobile cookies by activating the appropriate setting on your smartphone. However, if you select this setting you may be unable to access certain parts of our App.
2. Web Beacons. Pages of the Platforms and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related app statistics (for example, recording the popularity of certain app content and verifying system and server integrity).

*Third-Party Information Collection*

When you use the Platforms or its content, certain third parties may use automatic information collection technologies to collect information about you or your device. These third parties may include:

1. Advertisers, ad networks, and ad servers;
2. Analytics companies;
3. Online payment service providers; and
4. Your mobile service provider.

These third parties may use tracking technologies to collect information about you when you use the Platforms. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites, apps, and other online services websites. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

*How We Use Your Information*

We use information that we collect about you or that you provide to us, including any personal information, to:

1. Provide you with the Platforms and their contents, and any other information, products or services that you request from us.
2. Fulfill any other purpose for which you provide it.
3. Carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
4. Notify you when App updates are available, and of changes to any services we offer or provide though it or the Website.

The usage information we collect helps us to improve our Platforms and to deliver a better and more personalized experience by enabling us to:

1. Estimate our audience size and usage patterns.
2. Store information about your preferences, allowing us to customize our Platforms according to your individual interests.
3. Speed up your searches.
4. Recognize you when you use the Platforms.

We may use the information we collect to display advertisements to our advertisers’ target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.

*Disclosure of Your Information*

We may disclose aggregated information about our users without restriction.

In addition, we may disclose personal information that we collect or you provide:

1. To our subsidiaries and affiliates.
2. To contractors, service providers, and other third parties we use to support our business.
3. To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of the Company’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by the Company about our Platform users is among the assets transferred.
4. To fulfill the purpose for which you provide it. For any other purpose disclosed by us when you provide the information.
5. With your consent.
6. To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
7. To enforce our rights arising from any contracts entered into between you and us, and for billing and collection.
8. If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of BoatyBall, LLC, our customers or others.
9. We will not share your personal or mobile information with third parties for marketing purposes without your explicit consent.
10. We will not transfer your personal data to external organizations without your explicit consent, except as required by law or to fulfill our contractual obligations.
11. We have implemented strict access controls and data protection measures to prevent unauthorized sharing of your information.

*Your Choices About Our Collection, Use, and Disclosure of Your Information*

We strive to provide you with choices regarding the personal information you provide to us. This section describes mechanisms we provide for you to control certain uses and disclosures of over your information.

1. Tracking Technologies. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. You can choose whether or not to allow the Platforms to collect information through other tracking technologies by [OPT-OUT METHOD]. If you disable or refuse cookies or block the use of other tracking technologies, some parts of the Platforms may then be inaccessible or not function properly.
2. Location Information. You can choose whether or not to allow the Platforms to collect and use real-time information about your device’s location through the device’s privacy settings. If you block the use of location information, some parts of the Platforms may then be inaccessible or not function properly.

We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way.

*Accessing and Correcting Your Personal Information*

You can review and change your personal information by logging into the Platforms and visiting your account profile page. You may also send us an email at support@boatyball.com to request access to, correct, or permanently delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

If you delete your User Contributions from the Platforms, copies of your User Contributions may remain viewable in cached and archived pages or might have been copied or stored by other App users. Proper access and use of information provided on the Platforms, including User Contributions, is governed by our terms of use.

*Your California Privacy Rights*

California Civil Code Section 1798.83 permits users of our App that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to support@boatyball.com.

*Data Security*

We have implemented reasonable measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our App, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. Unfortunately, the transmission of information via the internet and mobile platforms is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted through our App. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures we provide.

*Changes to Our Privacy Policy*

We may update our privacy policy from time to time. If we make material changes to how we treat our users’ personal information, we will post the new privacy policy on this page with a notice that the privacy policy has been updated provided by an alert the first time you use the Platforms after we make the change.

The date the privacy policy was last revised is identified at the top of the page.

*SMS Terms and Conditions*

SMS Terms and Conditions By opting into our SMS messaging program, you agree to the following terms and conditions. Please read them carefully.

By providing your mobile phone number and opting into our SMS Text Message program, you are giving express written consent to receive text messages from BoatyBall LLC at the number you provide. These messages may include: • Transactional messages related to account updates, alerts, and reservations. • Customer support communications. • Promotional and marketing messages, including special offers and event notifications. To opt in to our SMS Text Message Program by contacting BoatyBall LLC at 919-473-6053 or by going through the registration process available by this link: https://boater.boatyball.com/welcome.

By agreeing to receive SMS text messages from BoatyBall, you certify that you are over 18 years of age and (a) you are the mobile account holder or (b) you have the account holder’s permission to enroll the designated mobile number and understand that message and data rates apply. You agree that you are solely responsible for all message and data charges that apply. All such charges are billed by and payable to your mobile service provider. Our messages may not be deliverable in all areas. Please contact your participating mobile service provider for pricing plans, participation status and details. BoatyBall, its service providers, and the mobile carriers are not liable for delivered or undelivered content. You understand that wireless through Wi-Fi or a participating mobile service provider may not be available in all areas at all times and may be affected by product, software, coverage or other service changes made by your mobile service provider or otherwise.

Text messages may be sent using an automated system. Your consent is not required as a condition of purchasing any goods or services. You can opt out at any time and for any reason by contacting BoatyBall LLC at 919-473-6054, through the registration process on our website, or by texting “STOP” to 919-473-6054. Alternatively, you can opt out by visiting https://cdn.forms-content.sg-form.com/71111de8-e938-11ef-be8c-0e06f6c74133. You will receive one further message confirming you are unsubscribed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the “STOP, END, CANCEL, UNSUBSCRIBE, or QUIT” keywords and agree that BoatyBall LLC will not have liability for failing to honor such requests. Opt-out requests shall be honored within ten (10) business days.

By using our SMS text message services, you agree that BoatyBall LLC may communicate with you through your mobile device and that certain information about your usage of these text message services may be communicated to BoatyBall LLC. If you change or deactivate your mobile telephone or other access number, you agree to promptly update your mobile text message service account information to ensure that messages BoatyBall intends to send to you are not sent to another person.

Message frequency varies. You may receive up to 5 messages per week, depending on your activity and preferences, unless otherwise agreed or unless you participate in our customer service program via text messages. Text messages shall identify BoatyBall LLC as the sender and shall not contain false or misleading information. Additionally, please review our full Privacy Policy at https://boatyball.com/privacy to understand how we collect, use, and protect your information. BoatyBall LLC shall comply with all provisions of the Telephone Consumer Protection Act and other applicable federal and state laws regarding text message communications. We will not transfer your personal data to any external organizations under any circumstances.

For assistance, text HELP to 919-473-6054 or contact our support team at support@boatyball.com. 4908-9772-8051, v. 3

BoatyBall LLC