OnBuoy, SPC Privacy Policy

OnBuoy, SPC, a Washington Special Purpose Corporation and our affiliated entities (“we”, “us” or the “Company”), respect your privacy and are committed to protecting it through compliance with this Privacy Policy. This Privacy Policy describes and governs the manner in which we collect, use, maintain and disclose information about you when you use our website, mobile applications and other services to offer, search for, and reserve mooring buoys and dock space for short term, recreational usage (the “OnBuoy Platform”). Please read this Privacy Policy carefully before you start to use the OnBuoy Platform. By accessing and/or using the OnBuoy Platform, you accept and agree to be bound and abide by this Privacy Policy and our Terms of Service available at https://www.onbuoy.com/terms-of-service (the “Terms of Service”) incorporated herein by reference and to comply with all applicable laws, rules and regulations (collectively, “Applicable Law”). If you do not agree to this Privacy Policy and the Terms of Service, you must not access or use the OnBuoy Platform.

Personal Information

We may collect personal information from you in a variety of ways, including the following key categories and types of personal information:

• Contact information: Name, username, address, email address and phone number, name, jurisdiction of incorporation or formation, address and phone number of company or business entity, if applicable.
• Financial information: Bank information, including account number and routing number, address, payment reference, and credit card information.
• Listing Information: We will collect information about the moorage equipment that you post for use in connection with the OnBuoy Platform, including registration information for boat owners and registration information for buoys and other moorage equipment. By providing this information in connection with the OnBuoy Platform you grant us the right to share such information with other users and third-parties as needed to operate the service.
• Information about your transaction: We will collect information about any transaction for which you use the OnBuoy Platform, including information about your boat or moorage equipment and your reservation of listings offered on our website, and general transaction details and timing.
• Geolocation data: The general region or area from which you access the OnBuoy Platform.
• Internet or other online activity: Referral channels that led you to the OnBuoy Platform, browsing and click history and information about how you navigate the OnBuoy Platform.
• Inferences: We may make inferences based on the information we collect.

How We Use Collected Information

We may collect and use your personal information for the following purposes:

• To provide and improve customer service. We use your contact information to answer your questions and respond to your requests and enquiries, notify you of changes to the OnBuoy Platform, and maintain and improve functionality of the OnBuoy Platform.
• To provide the OnBuoy Platform. We use personal information to provide you the OnBuoy Platform. For example, we may use your personal information to confirm the proper registration of your moorage equipment.
• For analytical purposes. We use aggregated information collected detailing your internet activity, browsing history and geolocation data to analyze preferences, trends and statistics relating to the usage of the OnBuoy Platform. We may also use your activity on the OnBuoy Platform in an aggregate way in order to improve the OnBuoy Platform. We may also use your information to protect the Company, the OnBuoy Platform and our website, and to prevent fraud, theft and misconduct.
• For relevant updates, marketing and promotional purposes. We may use your contact information, employment-related information, other personal information and various inferences described above to send you relevant, articles, blog posts, newsletters, podcasts and other information we think may be relevant to you. You may choose to opt-out of receiving these communications at any time. We may also use information about your use of the OnBuoy Platform in an anonymized and aggregate way to analyze trends and statistics and to promote and market the OnBuoy Platform.
• To comply with the law. We use your personal information to enforce and comply with the law, including to conduct an investigation, to protect the property and rights belonging to us or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, illegal, fraudulent, unethical or legally actionable activity.

How we Collect Your Personal Information

We collect personal information from the following sources:

• Directly. We collect personal information directly from you. When you register for the OnBuoy Platform, submit information in an online form, request information from us, or otherwise communicate with us or our support personnel, you may provide us with information, for example, your name, email address, phone number and physical address. By providing us with this information, you consent to your information being collected, used, disclosed, processed and stored by us in accordance with this Privacy Policy.
• Passively. We and our service providers collect personal information from you passively from the internet and other automatic data collection tools, such as cookies and web beacons, which are summarized below:
  • Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our website.
  • Web Beacons. Pages of our website 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 and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
  • Tracking Tools. We use the following tracking tools:
    • Google Analytics and Adwords: We use Google tools such as Google Analytics and Google Adwords to understand how users use our website. This includes looking at where a visitor comes from and where they go when they leave our site. Google Analytics provides an opt-out for its tool here.
    • Other tracking tools: We may deploy other automatic tracking tools in the future. Similar to the tools we currently use, such future tracking tools will track data about our visitors only in the aggregate and on an anonymized basis and will not reveal personal information about you.

When We Share Your Personal Information with Third Parties

• With service providers who do things on our behalf. For example, we will share information with vendors and contractors who conduct email marketing for us or who assist us with developing and providing the OnBuoy Platform and customer support. Such service providers may reside outside the United States and in countries that may not provide the same level of protections as the laws of the United States.
• With third parties as directed by you or to support transactions you engage in via the OnBuoy Platform. We may share your information with third parties with your consent or as requested by you, or in connection with a transaction you engage in through the OnBuoy Platform.
• In accordance with applicable law. We may share your information with the appropriate authorities if we believe disclosure is in accordance with, or required by, any applicable law, including lawful requests by public authorities to meet national security or law enforcement requirements.
• In connection with sale of the Company. In the event of a reorganization, merger, or sale we may transfer your personal information we collect to the relevant third party.

We Do Not Sell Your Personal Information

We do not sell, trade, or rent your personal information to others.

Third-Party Links and Websites

The OnBuoy Platform may contain advertising, links or other content from the websites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties (collectively, the “Third-Party Services”). We do not control the content or links that appear on these Third-Party Services and are not responsible for the practices employed by such Third-Party Services. In addition, these Third-Party Services may have their own privacy policies and customer service policies. Browsing and interacting on any of these Third-Party Services are subject to such Third-Party Services’ own terms and policies.

Our Content on Third-Party Services

The OnBuoy Platform may be provided on or hosted on a third-party platform or otherwise make use of Third-Party Services. We do not control the content or links that appear on these Third-Party Services and are not responsible for the practices employed by such Third-Party Services. Your browsing and interacting on any of these Third-Party Services are subject to such Third-Party Services’ own terms and policies. Any visit you make to those other services is at your own risk. Such third parties’ use of any information you share is governed by the third party’s privacy policy. The OnBuoy Platform may also use third-party service remarketing services to advertise to previous visitors to the OnBuoy Platform on such Third-Party Services. Such third parties may use tracking technology (e.g., cookies) to serve ads to you based on your past activity on the OnBuoy Platform and other websites and applications, subject to their own privacy policies.

Your Choices

You have certain choices on how we treat your personal information, described below:

• Modifications to Personal Information. You may review and request modifications to your personal information by editing your profile directly on our website or by contacting us using the resources on our Help & FAQ pages. Please note that Personal Information is stored for as long as reasonably necessary and proportionate to achieve the purposes for which the Personal Information was collected or processed. If you provide us with updated information, we will do our best to keep your information accurate and up-to-date. We will make good-faith efforts to make requested changes in any active database as soon as practicable.

• Marketing Communications. You can opt out of promotional marketing communications by unsubscribing through the OnBuoy Platform or contacting us using the resources on our Help & FAQ pages. We may give choices about other emails and communications you receive from us. If you opt out, we may still send you non-promotional communications, such as those about your account or our ongoing business.

• Ad Choices. Some advertisements and other content may be delivered by third-party advertising networks and advertisers that may use cookies and similar and/or your advertiser ID for mobile devices to collect and track information such as demographic information, inferred interests, aggregated information, and activity to assist them in delivering advertising that is more relevant to your interests. To find out more about third-party advertising networks and similar entities that use these technologies, see www.aboutads.info. If you would like to opt-out of such ad networks’ and services’ advertising practices, you may find a service provider (for example, www.aboutads.info/choices) to opt out in desktop and mobile web browsers.

• Tracking Technology. You may turn off part or all of our tracking software that has been placed on your computer by following the instructions on your browser. On a mobile device, you may turn off part or all of mobile tracking through your mobile device settings. However, if you prevent the use of tracking software or tracking through your mobile device, it will be more difficult, and may be impossible, for you to use the Service or portions of the OnBuoy Platform.

• Location and Analytics. If we use Third-Party Services to automatically collect your personal information, such Third-Party Services may offer you a choice to stop the automatic collection of your information. Please see our “How we collect your personal information” above with respect to our tracking tools.

• Cookies. Most web browsers are set by default to accept cookies. You can usually set your browser to remove or reject cookies. Please note if you choose to reject, this could affect the availability and functionality of the OnBuoy Platform.

• Not Providing Personal Information. You may choose not to provide personal information to us. However, if you do not provide personal information, we may not be able to offer you all or part of the OnBuoy Platform.

Where Your Information Is Stored

We store your information in the United States. However, we may transfer your information to our service providers who may reside in other countries.

By using the OnBuoy Platform or otherwise providing information to us, you understand and consent to having any personal information transferred to and processed in the United States. If you reside in the European Union (the “EU”), we will transfer your personal information pursuant to EU data protection laws. You understand that the United States may not provide the same level of protections as the laws in your country. United States data protection and other relevant laws may not be the same as those in your jurisdiction. In certain circumstances law enforcement or regulatory agencies, courts or security authorities in the United States may be entitled to access your personal information.

Information Security

We use commercially reasonable security technologies and procedures to help protect your personal information from unauthorized access, use or disclosure. However, we cannot guarantee the complete safety of your information. It is your responsibility to keep your information confidential.

How Long We Keep Your Information

We retain, store and use your information for least amount of time necessary for our relationship with you and to provide you access to the OnBuoy Platform and in accordance with data retention policies and applicable law.

The OnBuoy Platform is Not Intended For Children

The OnBuoy Platform is not directed to children; however, we may allow children ages 13 and older to use the OnBuoy Platform with the consent and under supervision of a parent or legal guardian. We do not knowingly collect information, including personal information, from children under the age of 13. If we obtain actual knowledge that we have collected such information from children under the age of 13, then we will promptly delete it. If you are a parent or legal guardian and you believe that your child has provided us with personal data without your consent, please contact us using the resources at https://help.onbuoy.com/.

Usage and Deletion of Personal Information

You may request what personal information we have collected, used and disclosed about you as well as the identity of the third parties to which we have disclosed your personal information. You may also request deletion of your personal information. Please note that we may not delete all of your information if: (1) we need it to complete a service as requested by you or perform under a contract we have with you; (2) we need such information to repair any errors to the OnBuoy Platform or detect data security violations; or (3) we need such information to protect against fraud or illegal activity or to comply with applicable law. Please note that if we delete your personal information, we may not be able to provide you the OnBuoy Platform with the same functionality. To make any request for personal information or deletion, please send an email to deletemyaccount@onbuoy.com.

Changes to this Privacy Policy

We have the discretion to update this Privacy Policy at any time. Updates to this Privacy Policy will be posted to our website from time to time or notice will be provided to you via email we have on record. We encourage you to frequently check this page for any changes. You acknowledge and agree that it is your responsibility to review this Privacy Policy periodically and become aware of modifications. Subject to applicable law, your continued use of the OnBuoy Platform shall be deemed an acceptance of our revised policy.

You Can Contact Us

If you have any questions about this Privacy Policy, you can contact us using the resources at https://help.onbuoy.com/.