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PRIVACY POLICY

 

Effective Date: May 25, 2018

Hello from The Wanderlust Group, Inc!

We are committed to be a privacy-first company, which means safeguarding your data privacy and operating with transparency are paramount to our success. With this in mind, we have revised our Terms of Service and this Privacy Policy. Among other things, these updates reflect:

  • more specifics about the types of information we collect and for what purpose;
  • how we use, share, and secure your information; and
  • the rights and choices you have to better control your information.

 

TABLE OF CONTENTS

 

 

WHO WE ARE

The websites, content, mobile applications, products, and services associated with Dockwa, Marinas.com, any subdomain of such websites, and any of our other websites, mobile applications, products, and services operated by us that post these terms of service, (collectively, the “Services”) are made available in the United States and its territories and possessions by The Wanderlust Group, Inc. (“TWG”, “we”, or “us”), a Delaware corporation doing business as “Dockwa”, including its subsidiaries and affiliates. This privacy policy (the “Policy”) explains how we may collect, use, and share your Personal Information through our Services. Updates to this Policy reflect changes in data protection laws, as well as our effort to provide you with a clear understanding of how we protect your privacy.

 

 

POLICY APPLICABILITY

This Policy applies to all users, including Visitors, Boaters, Marinas, and Developers, of our Services (individually referred to as “you”; collectively “General Users”). We may designate certain sections in this Policy with Boaters, Marinas, 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 reasonably steps to delete such information. Children are not eligible to use our Service.

 

 

CONSENT

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:

  • Cookies. We may automatically collect information using “cookies” and similar technology. Cookies are small data files that may have unique identifiers and reside, among other places, on your computer or mobile device, in emails we send to you, and on our web pages. Among other things, cookies help us improve our Services and your experience. We use cookies to see which areas and features of our Services are popular and to count visits to our Services.

 

  • Web Beacons. We may collect information using web beacons. Web beacons are electronic images that may be used on our Services or in our emails. We use web beacons to deliver cookies, count visits, understand usage and campaign effectiveness, and tell whether you open an email and act upon it.

 

  • Do-Not-Track Signals. We currently do not employ technology that recognizes “do-not-track” signals from your browser. We may engage third parties, such as marketing or analytics partners, who may collect information about your online activities over time and across different websites when you use our Services.

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 marina pages on Marinas.com with publicly available data and will use the publicly listed telephone number associated with that marina to authenticate a claim to that marina’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.

Boaters

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 marina reservation details, favorite marinas, special marina requests, and the contact information of people you add to, or notify of, your marina 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 marina 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.

Marinas

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 your marina as detailed below.

Developers

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 Marinas.com API (the “API”), or 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 API or 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 API and 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:

  • to operate, maintain, and improve our Sites, products, and Services;
  • to retain any preferences you have communicated to us through the Services;
  • to respond to comments and questions, and to provide customer support;
  • to process payments;
  • to send information, including confirmations, invoices, technical notices, updates, recommendations, security alerts, and support and administrative messages;
  • to communicate with you about promotions, upcoming events, and other news about products and services offered by us and our selected partners, but only with your additional opt-in and consent, like signing up for our newsletter;
  • to link or combine user information with other Personal Information to understand your needs and provide you with a better integrated and customized experience, for billing purposes, and in order to provide or improve the Service;
  • to protect, investigate, and deter against fraudulent, unauthorized, or illegal activity;
  • to comply with laws and to protect our legal rights and interests, and the legal rights and interests of you and other users;
  • to verify accounts and activity, and to identify violations of our Terms and Policy; and
  • to provide and deliver products and services that you or other users may

Further examples of how we use your information follow below:

  • Account Creation & Maintenance. We may collect and use your Personal Information to create, authenticate a claim to, or otherwise maintain a user account on the Services. We use your information to send you transaction receipts and to authenticate your credit card, debit card, or bank account information (“Payment Information”) when you provide that information to us.
  • We may collect and process your search terms used on our Services to allow you to search, sort, and filter Our Content. We may also collect Personal Information and other content you provide to us by leaving and updating reviews, booking or changing reservations, or otherwise posting and responding to classified listings on our Services. In particular, we may use the contact information you provide to us to send you information relating to your reservation and order confirmations, changes, and updates.
  • Customer Support. If you contact us for support, questions, to provide feedback or comments, or in response to one of our service updates, we may collect, use, process, and share your contact information and message content in order to communicate with you, diagnose any potential issues with the Services, provide you with a response or solution, and otherwise provide customer service. We may request additional information from you to achieve this purpose. We may also use the contact information you give us to send you information relating to our products and services, including reservation confirmations, receipts, technical notices, updates, security alerts, and support and administrative messages. These are not marketing communications, and you may not opt out of these communications unless you terminate your account with us.
  • Marketing. We may use your information to communicate with you about contests, offers, promotions, rewards, upcoming events, and other news about products and services offered by us, our affiliates, and our other selected partners that constitute marketing communications. We will not use your information for marketing purposes without your explicit additional consent to do so, and you may opt out of receiving such communications at any time by selecting “Unsubscribe” where available, or otherwise emailing us at the appropriate address under “Contact Us” 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 Marinas 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 marina 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:

  1. when you authorize us to share your information with Our Third Parties for their own marketing purposes, which are subject to the separate privacy policies of such Third Parties.
  2. when Our Third Parties work for us as needed to do such work.
  3. when we aggregate statistical data for the improvement of our Services.
  4. to comply with laws and to respond to lawful requests and legal process.
  5. to protect the rights and property of TWG, our agents and customers, and others, including to enforce our agreements, policies, and Terms.
  6. in an emergency to protect the safety of TWG, its employees, users, or any person.
  7. if we sell, transfer, divest, or disclose all or a portion of our business or assets to another company in connection with or during negotiation of any merger, financing, acquisition, bankruptcy, dissolution, transaction, or proceeding.
  8. with you upon request, and without undue delay, in accordance with applicable data privacy laws and regulations.

We may also share aggregated or de-identified information with third parties in our discretion.

Boaters

In addition to the above, we may share your information to provide certain Services to you. For example, when you make a marina reservation through our Services, your information is provided to us and to the marinas with whom you choose to reserve. In order to facilitate your reservation, your information is provided to that marina, just as it would if you made a reservation by calling the marina, emailing the marina, or using the marina’s website. If you provide a mobile phone number, marinas may send you text messages regarding your reservation. When you make a marina reservation and make a payment to a marina through our Services, we may also share with the marinas 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 marina.

We may also share with marinas summary reports of feedback from you and other Boaters. For example, if you provide comments about a marina through our Services, these comments may be shared with that marina. Information you choose to share with a marina when you make a reservation and pay a marina through our Services may be used by the marina for its own purposes. We do not control, and are not responsible for, the privacy practices of marinas. Please contact the marina directly if you want to learn about its privacy practices.

Marinas

In addition to the above, information about your marina that you provide to us may be included on the public profile page for your marina on our Services. The information that we display may include:

  1. The name of your marina
  2. Pricing
  3. Whether mooring and/or docking is offered
  4. Address
  5. Phone number
  6. VHF Channel(s) monitored
  7. Narrative description of your marina
  8. Services and amenities offered at your marina
  9. Your cancellation policy
  10. Your website URL

 

 

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.

TWG may store and process Personal Information in the United States and other countries. Our servers are hosted and run by Heroku (a subsidiary of Salesforce.com) in their data centers, which are subject to their terms and privacy policies. We encourage you to read their terms and policies, and to contact Heroku or Salesforce.com directly with questions. 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.

Your Choices

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.

 

 

POLICY UPDATES

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.

 

 

CONTACT US

For questions about accessing, changing, or deleting your Personal Information, please visit http://www.dockwa.com/ or contact customer support via email at mayday@dockwa.com.

For questions or requests regarding this Policy, please contact TWG via email at info@dockwa.com.