Privacy Policy

PRIVACY POLICY

Effective as of December 1, 2022

USE OF OUR SERVICES SIGNIFIES YOUR UNDERSTANDING AND AGREEMENT TO COMPLY WITH THE ENTIRE PRIVACY POLICY.

Note to All Users

Our Commitment to Privacy. This privacy policy (“Privacy Policy”) is designed to inform you about how BoatPowered(“BoatPowered”) uses information we collect from you in connection with your use of our websites, players club, or other services provided by BoatPowered (collectively “Services”). It is also intended to explain the conditions under which BoatPowered uses and discloses that information and your rights relating to the collection, use and disclosure of that information. For purposes of this Privacy Policy, the terms “we,” “us,” and “our” refer to BoatPowered, and “you” or “your” refers to you, as a user of the Services.

Your Consent. By using the Services, you consent to our collection, use and disclosure of your personal information as described in this Privacy Policy. Please review the entire policy to learn about what type of information is gathered, how such information is used, and what information may be disclosed to third parties. If you do not consent to our practices, do not submit your personal information through the website, register, subscribe, or create a players club account with BoatPowered.

Privacy Policy Changes. BoatPowered reserves the right to modify this Privacy Policy at any time without giving you prior notice. Your use of the Services following any such modification constitutes your agreement to follow and be bound by such things as modified. For this reason, we encourage you to review the Privacy Policy and other terms whenever you use the Services.

Note to California Residents

Your California Privacy Rights. California Civil Code Section 1798.83 permits California residents who have provided personal information to us or our third party advertisers and marketing partners, if any, to request certain information regarding our disclosure of personal information to third parties for direct marketing purposes. Requests should be submitted via email to info@BoatPowered.com and should include CALIFORNIA PRIVACY RIGHTS in the subject line. We will need your first and last name, mailing address and email address in order to process your request. Within thirty days of receiving such a request, we will provide a list of the categories of personal information disclosed to third parties for direct marketing purposes during the immediately preceding calendar year, if any, along with the names and addresses of these third parties, if any. Please be aware that not all information sharing is covered by the requirements of Section 1798.83 and only information on covered sharing will be included in our response. This request may be made no more than once per calendar year.

Personally-Identifying Information We Collect

Personally-identifying information is information that can be used to identify, contact, or locate an individual (“Personal Information”). Personal Information we may collect includes, but is not limited to the following categories:

Personal Information You Provide. We collect Personal Information that you voluntarily provide when using our Services, including your name, date of birth, postal address, zip code, e-mail address, telephone number, fax number, gender, and other information that you voluntarily provide when you: (i) provide us with your contact information, (ii) join our mailing list, (iii) register for one of our tournaments or events, and/or (iv) join our players club. If you communicate to us by e-mail, mail, or text we will record the e-mail address, postal address and cell number from which you send your correspondence. Any telephone calls to and from BoatPowered may be monitored and recorded for quality assurance and training purposes.

Transactional Information. Transactional information helps us understand who you are and what types of offers may interest you. This also allows us to improve the products and services we offer. Transactional information may include the nature, frequency, and duration of your visits, participation in any tournaments, and/or attendance at special events.

Mobile Device Information. When you access and use the Services from your mobile devices, we receive data from the mobile device you use to access the Services. This may include your location data, IP address and device type. You may manage how your mobile device and mobile browser share location information with BoatPowered, as well as how your mobile browser handles cookies and related technologies by adjusting your mobile device privacy and security settings. Please refer to instructions provided by your mobile service provider or the manufacturer of your device to learn how to adjust your settings.

Personal Information from Other Sources. BoatPowered may receive Personal Information about you from third parties. We may associate this information with the other Personal Information we have collected about you. The collection, use and disclosure of information third parties is governed by the privacy policies listed on the website where the information was submitted by the user. Third parties may send their own cookies and pixel tags to you, and may collect information and use it in a way inconsistent with this Privacy Policy. Please carefully review these third party privacy policies to understand how your information may be collected, used and disclosed by these third parties.

Non-Personally-Identifying Information We Collect

Non-personally identifying information or “Aggregate Information” is information that, without the aid of additional information, cannot be directly associated with a specific person. Like most website operators, we collect Aggregate Information about your activities online including referring / exit pages and URLs, computer settings, number of clicks, domain names, landing pages, pages viewed, and other such information through the use of cookies, pixel tags, Internet Protocol (IP) addresses, click-through URLs, domain name tracking, and analytics. If you have voluntarily disclosed Personal Information to BoatPowered, some or all of the Aggregate Information may be linked to your Personal Information.

Cookies. A cookie is a small data file stored on your hard drive that your browser provides to BoatPowered when you visit certain web pages. We use both session ID cookies and persistent cookies. For the session ID cookie, the data is temporarily stored on your computer, but once you close your browser the cookie terminates. A persistent cookie is a small text file stored on your hard drive for an extended period of time. This allows us to track your activities while using the Services and help improve the functionality, navigation and performance of the Services. If you do not want to store cookies on your computer, you can set your browser to refuse cookies or to alert you when cookies are being sent. However, some parts of the Services may not function properly if you choose not to accept cookies. If you are concerned that you have created a cookie in a previous visit, you can delete cookies that are already stored on your hard drive by accessing your computer’s cookie file.

Pixel Tags. Pixel tags (a.k.a. clear gifs) are tiny graphics with a unique identifier, similar in function to cookies, which allow us to monitor the use of our Services and to deliver banner advertisements to you about our products and services as you browse the Internet. Pixel tags generally work in conjunction with cookies, registering when a particular computer visits a particular page. You cannot decline pixel tags; however, if you turn off cookies the pixel tag will simply detect an anonymous visit. In addition, we may use pixel tags in our HTML-based emails to let us know which emails have been opened by the recipients. This allows us to gauge the effectiveness of certain communications and the effectiveness of our marketing campaigns. If you do not want to receive pixel tags you can opt-out of these emails or change the type of email you receive to text only.

Internet Protocol (IP) Address. BoatPowered’ servers also automatically identify your computer or mobile device by its Internet Protocol (IP) addresses. An IP address is a number that is automatically assigned to your computer by your Internet Service Provider. Your IP address does not identify you by name, however, it may reveal your geographic area and your Internet Service Provider. BoatPowered may match your IP address to your Personal Information.

Computer Profiles. BoatPowered may also collect and accumulate computer profile data which will help us understand and analyze the experience of our visitors. For example, BoatPowered may collect data relating to the type of browser used, operating system software, screen resolution, color capability, browser plug-ins, language settings, cookie preferences, search engine keywords and JavaScript enablement.

Click Through URLS. BoatPowered may send you e-mail messages with a “click-through URL” linked to the content of our Services. When you click onto one of these URLs, you will pass through our server before arriving at the destination webpage. BoatPowered may track this click-through data to help us determine subscriber interest in the subject matter and measure the effectiveness of our subscriber communications. You can avoid being tracked simply by not clicking on any links or images in the e-mail.

Domain Name Tracking. When you use our Services, we automatically record the name of the domain from which you accessed the Services. Additionally, if you reach our Services by means of a link from another site, our computers will note the fact that you came to us from that linked site. We may also record the domain name and URL for the next website you go to after leaving the Services.

Analytics. BoatPowered may use one or more third party analytics programs, including but not limited to Google Analytics, to help analyze how users utilize the Services. Google Analytics does not store any Personal Information. Google Analytics uses a cookie containing an anonymous identifier to distinguish users and to collect standard Internet log information and visitor behavior information. The information generated by the cookie about your use of our website (including IP address) is transmitted to Google. This information is used to create statistical reports on user activity for BoatPowered. In addition to reporting website usage statistics, Google Analytics can also be used, together with some of the advertising cookies described above, to help show more relevant ads on Google properties (like Google Search) and across the web. For more information about Google Analytics, including opt-out options visit https://support.google.com/analytics/answer/6004245.

Use of Information Collected

Our primary purpose for collecting Personal Information and Aggregate Information (collectively “User Information”) is for us to provide you with products and services. We may also use your User Information for the purpose of improving our Services; to send you notices to inform you about service updates, technical notices, security alerts, support and administrative messages, and updates to this Privacy Policy or our Terms of Use; to send advertisements and promotional offers to you, email messages, text messages, applications, or other methods of communication; to send newsletters and marketing materials; to communicate preferences which you have indicated; to customize the advertising and content you see; and/or for any other purpose disclosed at the point of collection.

We may also use your User Information to provide services and customer support that you may request as well as to correct problems, resolve disputes and collect fees. We may also combine your information with information we collect from other companies to improve and personalize our Services.

We may also use the User Information we collect through our Services as necessary to comply with legal requirements, to enforce the Terms of Use, to prevent fraud, to cooperate with law enforcement and regulatory authorities and to stop other prohibited, illegal or harmful activities.

E-mail and Opt-out. If you no longer wish to receive our promotional e-mail communications, you may opt-out of receiving these communications by clicking on the Unsubscribe link at the bottom of the promotional emails or by emailing us at info@BoatPowered.com. If you choose to opt-out of receiving promotional e-mail, we may still send you administrative emails regarding BoatPowered, including, for example, administrative and transactional confirmations, and notices of updates to our Privacy Policy and Terms of Use.

Information We Share

BoatPowered may share User Information with third parties for advertising and promotional purposes, to perform analytics, and to improve the quality of the Services. We may also use third-party companies to assist in collection and analysis of data collected through the use of cookies and pixel tags. BoatPowered may also disclose User Information in the following circumstances:

Affiliated companies. BoatPowered may share User Information with its parent company, subsidiaries and other companies owned by or controlled by BoatPowered, who may use the User Information for the purposes described above.

Service Providers. We may disclose your User Information to third party service providers hired to perform business functions on our behalf, including but not limited to, advertising and marketing services, sending direct mail or email, website or database hosting companies, e-mail service providers, analytics companies, and payment processing companies.

Legal Disclaimer Concerning Subpoenas and Other Matters. We reserve the right to release account and User Information about you when BoatPowered believes, in its sole discretion, that such release is appropriate to (1) comply with the law, legal process or law enforcement requests; (2) protect and defend our rights, property, safety or other interests including those of our parent company, subsidiaries, customers, shareholders, or others; (3) protect against misuse or unauthorized use of our Services and to enforce or apply our Terms of Use and other agreements; and/or (4) protect the personal safety or property of our users or the public (among other things, this means that if you provide false information or attempt to pose as someone else, information about you may be disclosed as part of any investigation into your actions).

Business Transitions. BoatPowered reserves the right to transfer all User Information in its possession in the event BoatPowered goes through a business transition, such as a merger, being acquired by another company, or selling a portion of its assets. Similarly, your User Information may be passed on to a successor in interest in the event of a reorganization, reconstruction, liquidation, bankruptcy or administration. Users will not be notified of any such change of ownership or control of their User Information.

Children’s Privacy

The Services are intended for adult use only and are not directed towards children, minors or anyone under the age of 21. If you are under the age of 13, you are not authorized to provide us with any personally identifying information. If the parent or guardian of a child under 13 believes that the child has provided us with any personal data, the parent or guardian of that child should contact our us at the email address below and ask to have this personal information deleted from our files. We appreciate your cooperation with this federally mandated requirement.

Links to Partner Websites

The Services may contain links to or may redirect users to other websites owned by BoatPowered (“Partner Websites”). Partner Websites may send their own cookies to you, and may collect information and use it in a way inconsistent with this Privacy Policy. Please carefully review the privacy policies on any Partner Websites to understand how your information may be collected, used and disclosed by these Partner Websites. BoatPowered may share User Information with Partner Websites pursuant to the terms of this Privacy Policy.

Links to Third Party Sites

The Services may contain advertisements and links to sites other than our own (“Third Party Websites”). The links to Third Party Websites may be to advertisers, content providers or partners who may use our logo and/or style as a result of a co-branding agreement. This Privacy Policy does not cover the collection, use or disclosure of the information collected by these Third Party Websites. Third Party Websites may not follow the same privacy policies as BoatPowered. We have no responsibility for Third Party Websites and provide links to Third Party Websites solely for your convenience. Third Party Websites may send their own cookies and pixel tags to you, and may collect information and use it in a way inconsistent with this Privacy Policy. We encourage you to review the privacy policies or statements of these Third Party Websites to learn more about how they collect, use and disclose information.

Security

No transmission of data over the Internet is guaranteed to be completely secure and we cannot guarantee that your submissions to the Services, any content residing on our servers, or any transmissions from our server will be completely secure. It may be possible for third parties to intercept or access transmissions or private communications unlawfully. Any such transmission is done at your own risk.

LOCATION, INTERNATIONAL TRANSFER, AND CHOICE OF LAW.

By accessing and/or using the Services, you acknowledge and agree that BoatPowered operates the Services from its offices located in the United States. If you use the Services from the European Economic Area or other regions of the world with laws governing data collection and use that differ from laws of the United States, then you understand and consent to the transfer of your User Information to the United States for the uses identified above, in accordance with this Privacy Policy and the laws of the United States. You acknowledge and agree that the privacy and data security laws in place in the United States may be different from the privacy and data security laws in force in the country in which you reside. By voluntarily providing User Information, you hereby agree that you are consenting to our collection, use, transfer, processing, storage, and disclosure of such User information in accordance with this Privacy Policy and that such collection, use, storage, and disclosure shall be governed by the laws of the United States.

Questions and Concerns

If you would like to review, edit or delete any of the information we have collected from you, or if you have any questions or concerns about this Privacy Policy, please contact info@BoatPowered.com.