Privacy Policy

Effective Date: 08.22.2024

Introduction

This Privacy Notice applies to all users of MarineListings.com, operated by Native Rank, Inc, and its affiliated entities, brands, and domains listed below (collectively, “MarineListings,” “us,” or “we”). We are committed to protecting and respecting your personal data and privacy. This Privacy Notice applies to all users of MarineListings and its affiliated entities’ websites, mobile applications, software applications, and links from the websites as listed in the ‘Company Entities’ section below (collectively known as the “Services,” or, each individually, a “Service”).

Please note that some of our Services may also be governed by separate or additional privacy policies. We will provide you with this additional information when you subscribe to a particular service.

For additional information applicable to your use of our Service, please also see our Terms of Use. We work hard to ensure that any personal data we collect about you (“Your Data”) is used fairly and transparently and in strict accordance with the data protection laws that protect it. This notice sets out how we collect, store, process, transfer, or share your data.

Whether you are a resident of the EU, UK, any state within the United States with applicable law, or Canada, this Privacy Notice provides you with certain information that must be provided to you under:

  • The European General Data Protection Regulation (“EU GDPR”).
  • The Data Protection Act 2018 as amended by regulations under the European Union (Withdrawal) Act 2018 currently known as “UK GDPR.”
  • The California Consumer Privacy Act (“CCPA”) and Virginia Consumer Data Protection Act (“VCDPA”).
  • The Federal Personal Information Protection and Electronic Documents Act (PIPEDA).

When we refer to “Personal Data” or “Your Data” in this Privacy Notice, we mean any information about you from which you can be identified. It does not include data where your identity has been removed (anonymous data) or data about someone who is deceased.

If you are a Canadian resident, “Personal Data” includes “personal information” as defined in the PIPEDA.

Please note that this Privacy Notice does not cover:

  • The Personal Data we collect if you apply for a job with MarineListings. This is covered in our Job Candidate Privacy Notice, which is available [here].
  • The Personal Data we collect if you work for us. This is set out in our Employee Privacy Policy, available from your manager.

Statutory or Contractual Obligations To Provide Personal Data

You are not obliged by any law or contract to provide us with your Personal Data. However, if you choose not to provide certain information when requested, we may not be able to perform the contract we have entered into with you (such as providing you with information you have requested), or we may be prevented from complying with our legal obligations.

We encourage you to read this Privacy Notice in its entirety to understand the information we collect and how we use and disclose it. This notice applies to all of our Services that link to it and/or are included in the Company Entities.

This Privacy Notice Contains:

  • General information about us,
  • How and why we collect Your Data,
  • What data we collect about you,
  • How we use Your Data,
  • Our Lawful Basis for collecting Your Data,
  • When and why we may disclose or transfer Your Data,
  • How long we store Your Data,
  • Rights Available to You.

GENERAL INFORMATION ABOUT US

[Company Name] is responsible for deciding how and why Your Data is used in the situations covered by this Privacy Notice. This means that, for the purposes of the EU and UK GDPR, we are the “Data Controller” and under the CCPA and other US State privacy laws, we are referred to as “Business.”

HOW AND WHY WE COLLECT YOUR DATA

At MarineListings, we collect Personal Data in different ways depending on how and why you are interacting with us. This Privacy Notice covers the Personal Data that we collect:

  • When you browse or submit information through our website,
  • When you show an interest in our services or interact with our marketing material or events,
  • When you become a customer of MarineListings,
  • When you provide services to MarineListings,
  • When you contact us,
  • When you provide information on public platforms,
  • When we purchase data from data brokers,
  • When you visit our office/premises.

WHAT DATA WE COLLECT ABOUT YOU

When you use the Services or visit our premises, we collect a variety of information from and about you, your devices, and your interaction with the Services. Some of this information identifies you directly or can be used to identify you when combined with other data.

Information You Provide

When using the Services, you may be asked to provide personally identifiable information (PII) about yourself, such as your name, contact information, email address, payment information, details about you or inventory you are interested in, and/or financial information. This may occur, for example, when you register on the Services, share or save a listing, correspond with an industry professional (such as a dealer or broker) via the Services, or complete other forms or transactions, such as a request for loan information or an application.

Some information you provide through the Services is collected and processed by third parties on our behalf. For example, when you order products or services through the Services, we may need to collect your credit or debit card information. This information is collected and processed by third-party payment processors.

Cookies, Web Beacons, and Other Tracking Technologies

We use cookies and similar technologies to personalize and improve your experience as you use our Services. Please see our Cookie Notice for details of the cookies that are set on our Services.

Mobile Device and Mobile Browser Information

If you are accessing our Services on your mobile, we may collect your username, mobile device model, language, IP address, and browser information. We use this information to provide better services to you.

Location Data

If you enable location services on your mobile device, MarineListings may collect the location of your device, which we use to provide you with location-based information and advertising. If you wish to deactivate this feature, you can disable location services on your mobile device.

Usage Logs

We collect information about your use of our Services, including the type of browser you use, access times, pages viewed, your IP address, and the page you visited before navigating to our Services. We also collect information about the computer or mobile device you use to access our Services, such as the hardware model, operating system and version, unique device identifiers, mobile network information, and browsing behavior.

Calls and Text Messages

Calls between you and MarineListings, or between you and third parties made through MarineListings (such as dealers or brokers you contact about a listing through a form or link on our website, or using contact information found on our website), may be recorded or monitored for quality assurance and customer service purposes. You will be notified at the beginning of a call if it may be recorded or monitored. MarineListings uses a third-party service provider to track phone calls and text messages between you and industry professionals so that we and the industry professional can access certain details about the contact. As part of this process, MarineListings and its service provider will receive in real time and store data about your call or text message, including the date and time of the call or text message, your phone number, and the content of the text message.

Public Content

You may provide information publicly through the Services, such as when you leave a review for a listing or when you contribute to discussion forums.

Social Networks

If you use the social networking connection functions offered through the Services, we may access all of your social network profile information that you have made available to be shared and to use it in accordance with this privacy notice. Please refer to the instructions governing your social network account to manage the information that is shared through your account.

Collection of Information by Third-Party Services, Sites, Ad Servers, and Sponsors

Some Services require the collection of your information directly by third parties. Our Services may contain links to other websites or services whose information practices may be different than ours. For example, while using one or more of our websites, you may link to a third party’s website via a window opened within (or on top of) our website. Some of our Services may allow users to interface with third-party websites or services, such as Facebook and Twitter. Once you log onto any such third-party websites or services, the content you post there may also post to our Services. Our Privacy Notice and procedures may or may not be consistent with the policies and procedures of such third-party websites or services, and when you visit such websites or services our Privacy Notice does not apply to personally identifiable information and other data collected by the third party. You should consult, read, and understand the privacy notices of such third parties before choosing to provide personally identifiable information on any such websites or services.

Physical Access Data

Relating to details of your visits to our offices, such as name, email address, copy of ID, and physical image.

MarineListings will not knowingly collect personally identifiable information from any person under the age of 13.

HOW WE USE YOUR DATA

MarineListings generally uses the information collected about you to provide and improve the Services, including to:

  • Provide and deliver the Services, process transactions, and send related information such as confirmations and invoices;
  • Send you technical notices, updates, security alerts, and support and administrative messages;
  • Respond to your comments, questions, and requests and provide customer service;
  • Communicate with you about products, services, offers, promotions, rewards, and events offered by MarineListings and others, and provide news and information we think will be of interest to you;

Monitor and analyze trends, usage, and activities in connection with our Services;

  • Revise, modify, and update existing Services and develop new Services;
  • Detect, investigate, and prevent fraudulent transactions and other illegal activities and protect the rights and property of MarineListings and others;
  • Personalize the Services and present you with advertising, content, or features that we believe will be of interest or useful to you;
  • Facilitate contests, sweepstakes, and promotions and process and deliver entries and rewards;
  • To notify the person you are visiting that you have arrived, to provide you with a visitor’s pass, to monitor parking on-site (if you have provided your car registration), and to keep a record of the number of people in the building so that we know how many people need to be evacuated in the event of an incident; and for security surveillance;
  • Link or combine with information we get from others to help understand your needs and provide you with better service; and
  • Carry out any other purpose described to you at the time the information was collected.

Email Subscriptions

You may receive emails from MarineListings for a variety of reasons. For example, if you took an action through the Services, signed up for a regular report, or posted your inventory for sale and a buyer sent you a message; if you saved a listing, we’ll keep you posted on status updates and other information about your transaction. You can manage the types of emails you receive by following the instructions in each email we send you. Please note that, even if you unsubscribe from certain email correspondences, we may still need to email you with important transactional or administrative information.

WHEN AND WHY WE MAY DISCLOSE OR TRANSFER YOUR DATA

Your privacy is important and we are committed to protecting your information that identifies you personally. We will only share Your Data that you provide outside the public areas of the Services in the following circumstances:

  • With Your Consent: When you consent or direct MarineListings to share Your Data. This happens when you submit your information through many of our Services. For example, if you choose to contact an industry professional through the Services, your name, phone number, email address, and message content will appear to the recipient of the message.

  • Service Providers to MarineListings: When MarineListings hires a service provider to help operate the Services or our business, MarineListings may give access to personal information only as appropriate to perform the service for MarineListings, and subject to the terms of this Privacy Notice. MarineListings always remains responsible for the privacy of your personal information that is shared with service providers.

  • Partners With Whom We Conduct Business: When MarineListings partners with other businesses to offer products and services, to facilitate offers and advertising from others that may interest you, and we may share information with those business partners only as needed to provide those products and services subject to the terms of this Privacy Notice.

  • Legal Obligation or Protection From Harm: When MarineListings has a good faith belief that access, use, preservation, or disclosure of information is reasonably necessary to (a) satisfy any requirement of law, regulation, legal process, or enforceable governmental request, (b) enforce or investigate a potential violation of the Terms of Use, © detect, prevent, or otherwise respond to fraud, security, or technical concerns, (d) support auditing and compliance functions, or (e) protect the rights, property, or safety of MarineListings, its users, or the public against harm.

  • Business Transfers: If and when MarineListings is involved in a merger, acquisition, or any form of transfer or sale of some or all of its business, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, we may share Your Data in connection with that transaction.

MarineListings may also share aggregated or de-identified information that cannot reasonably be used to identify you.

HOW LONG WE STORE YOUR DATA FOR

MarineListings takes reasonable steps to protect the information users share with us from unauthorized use, access, and disclosure, both during transmission and at rest. However, no transmission of information via the internet nor electronic storage solution can be entirely secure, so please be aware that we cannot guarantee absolute security.

OUR LAWFUL BASIS FOR COLLECTING YOUR DATA

MarineListings will retain and use information as necessary to market our products and services, including online advertising, to comply with our legal obligations, resolve disputes, and enforce our agreements as follows:

  • When You Browse or Submit Information Through Our Website: When you visit the Website or use the ‘contact us’ form, we will collect name, email address, company, state, and country information. We use cookies and similar technologies to personalize and improve your experience as you use our website. Please see our Cookie Notice for details of the cookies that are set on our Website. When you submit a lead, MarineListings will store Personal Data and lead information and send it to the Current Customers to support purchasing or selling a boat. This Personal Data acquired through the lead submission process will be retained for 24 months in order to research and complete a transaction while sharing information with the designated party representing the inventory. If you signed up to receive marketing materials but indicate that you no longer wish to receive them, we will retain your name and email address on a suppressed list to keep a record that you have opted out of receiving direct marketing (so that we don’t accidentally send them to you again), but we will no longer use it to contact you with marketing.

  • When You Show Interest in Our Services and Interact With Our Marketing Materials or Events: When you attend a conference or trade show, show interest in our Services, and interact with our marketing materials or events, we collect the following information directly from you when you visit our stand or speak to one of our representatives: name, address, job title, email address, phone number, company, and any specific interest in our Services.

  • When You Become a Customer: Defined as a party who receives goods and services from MarineListings, including but not limited to Active Subscriptions, Sponsored Content, Enhancements, Websites, Digital Advertising, etc. Upon account cancellation, we will hold customer Personal Identifiable Information, billing information, and specific inventory identifiable data for a period of 12 months from the date of cancellation unless we identify a legitimate need to retain it for longer, such as in order to defend a legal claim, for compliance with our obligation to keep records for tax purposes, or where we are required by law to do so. If you indicate that you no longer wish to receive marketing materials, we will retain your name and email address on a suppressed list to keep a record that you have opted out of receiving direct marketing (so that we don’t accidentally send them to you again), but we will no longer use it to contact you with marketing.

  • When You Provide Services to Us: When you (or the company you work for) provide services to MarineListings, we collect name, email address, phone number, and postal address. If you are providing a service, we may also collect bank account details for payments. This information is collected directly from you via email or over the phone. We use this information to contact you about the services you (or your organization) are providing. Our legal basis for using Your Data in this way is that it is necessary for the performance of our contract with you or the organization you work for. We keep Your Data for the duration of our contract with you plus a period of [7] years. This is so that we can comply with our obligation to keep records for tax purposes. After 7 years, we will delete Your Data from our systems unless we identify a legitimate need to retain it for longer, such as in order to defend a legal claim or where we are required by law to do so.

  • When You Contact Us: When you contact us by phone, email, post, or in person, were a former customer, or are currently solicited to use Services from MarineListings, we will retain any Personal Information that you voluntarily provide to us during that contact, including copies of the correspondence, including contact level within Salesforce. We will keep this information to respond to you and keep a record of our correspondence. Our legal basis for using your Data in this way is that it is necessary for our legitimate interest in responding to queries. We may share Your Data with our customer relationship manager system and Salesforce. We keep Your Data for the duration of our interaction with you plus a period of 12 months. This is so that we can refer to our previous correspondence should you contact us again during this time. After 12 months, we will delete Your Data from our systems unless we identify a legitimate need to retain it for longer, such as in order to defend a legal claim or where we are required by law to do so.

  • When You Provide Information on Public Platforms: When you provide information on public platforms, such as your preferences, email address, etc., we will use this data to enhance any information we already have about you, to enhance our marketing campaigns. We will use this information to provide you with targeted marketing campaigns. Our legal basis for using Your Data in this way is our legitimate interest in promoting our goods and services to you. We may use the following service provider to store any additional details: our Customer Relationship Manager system and marketing automation services provider. We keep Your Data for the duration of our interaction with you plus a period of [24 months]. This is so that we can refer to our previous correspondence should you contact us again during this time. After [24] months, we will delete Your Data from our systems unless we identify a legitimate need to retain it for longer, such as in order to defend a legal claim or where we are required by law to do so.

  • When You Visit Our Offices: Our legal basis for this use of Your Data is that it is necessary for the purpose of our legitimate interests to make our staff aware of their visitors, and it is necessary for compliance with our legal obligations under health

and safety laws.

DATA STORAGE LOCATION

MarineListings is based in the United States, and you acknowledge that the information we collect is governed by U.S. law. By accessing or using the Services or otherwise providing information to us, you consent to the processing, transfer, and storage of information in and to the United States, where you may not have the same rights and protections as you do under local law.

MarineListings collects and uses all Personal Data it holds in accordance with the requirements of the GDPR and UK GDPR. If you are a resident of the EU or UK, Your Data will, therefore, be protected in the same manner that it would be within the EEA.

We also use service providers, consultants, and advisors who are based in the United States. We ensure that all service providers who process Personal Data on our behalf outside of Europe are subject to contractual restrictions that ensure compliance with the third country transfers to protect the data in accordance with EU requirements (such as Standard Contractual Clauses).

GOVERNMENT AND PRIVATE PARTY INFORMATION REQUESTS

MarineListings may occasionally receive various forms of legal process from government agencies and private parties requesting information about MarineListings users.

RIGHTS AVAILABLE TO YOU

Your Privacy Rights (GDPR)

You have certain rights with respect to Your Data. These are:

  • Right to request access: You may ask to see the personal data we hold about you. This right always applies, but there are some exemptions, which means you may not always receive all the information we process.
  • Right to rectification: If you believe the information that we hold about you is inaccurate, you can ask us to correct it.
  • Right to erasure: You can ask us to delete the information we hold about you in certain circumstances.
  • Right to restriction of processing: You can ask us to stop using Your Data in a certain way in certain circumstances.
  • Right to object: You can object to our use of your personal data if we are processing it on the basis of our legitimate interest.
  • Right to data portability: You have the right to ask that we transfer the information you gave us from one organization to another or give it to you. The right only applies if we are processing information based on your consent or under, or in talks about entering into a contract, and the processing is automated. This only applies to information you have given us.
  • Right to withdraw consent: Where you have provided your consent to us processing Your Data, you have the right to withdraw your consent at any time.
  • Right to lodge a complaint: If you are a resident in the EU, you may lodge a complaint with the supervisory authority in the EU Member State where you are a resident or where you work. For further information on your rights, please see the website of the supervisory authority of your EU Member State.

Additional Rights for UK Citizens:

Under the Data Protection Law 2018 (UK GDPR), you have similar rights to those listed under the GDPR. You may lodge a complaint with the Information Commissioner’s Office (ICO) https://ico.org.uk/make-a-complaint/.

Your Privacy Rights (CCPA)

You have certain rights with respect to Your Data. These are:

  • The right to know what *personal information we hold about you and with whom we share that Personal Information.
  • The right to access or correct your Personal Information.
  • The right to delete your Personal Information.
  • The right to opt out of the sale of your information.
  • The right to equal service and pricing of services when you exercise one of your privacy rights.
  • The right to non-discriminatory treatment for exercising any rights.
  • The right to initiate a private cause of action for data breaches.
  • The right to limit the use and disclosure of sensitive and personal information.

If you are a California resident under the age of 18 and are a registered user of any site where this notice is posted, California Business and Professions Code Section 22581 permits you to remove content you have posted publicly. In order to do so, you must send an email with a detailed description of the specific content or information to [[email protected]]. Please be aware this request does not guarantee that all the content or information you have posted will be removed and that there may be circumstances in which the law does not require or allow removal even if requested.

*CCPA/CPRA defines “personal information” as information that identifies, relates to, describes, is reasonably capable of being associated with, or could be reasonably linked, directly or indirectly, with a particular consumer or household.

Your Privacy Rights (VCDPA)

  • The right to know what personal data is being collected from you and why it is being collected.
  • The right to access your personal data and to request that it be deleted or corrected.
  • The right to opt-out of the sale of your personal data.
  • The right to request that your personal data be transferred to another service provider.
  • The right to restrict the processing of your personal data in certain circumstances.

How to Exercise Your Rights

If you wish to exercise any of your rights, please navigate [here]. If you have any questions about this Privacy Notice, or the privacy practices of MarineListings, please email us at [[email protected]].

Company Entities, Brands, and Domains

The following MarineListings affiliates, websites, and brands are subject to this Privacy Notice: [MarineListings.com, SubBrand1.com, SubBrand2.com, etc.].

Changes to this Privacy Notice

Please note that this Privacy Notice may be amended from time to time. You should check back for the most current version before relying on any of the provisions in this Privacy Notice. We will provide notice of material changes to the notice, either by posting a notice on our websites, by sending an email, or by some other reasonable method.