Privacy Policy

Last updated July 26, 2022

At BoatList LLC (“Company,” “we,” “us,” or “our“), we are committed to protecting your personal information and your right to privacy. If you have any questions or concerns about this Privacy Policy (this “Policy”) or our practices with regard to your personal information, please contact us at info@boatlist.auction.

This Policy applies to anyone who uses our Services (as defined below), including visitors to BoatList’s websites, users who register for an account, buyers and sellers who use BoatList’s auction site to bid on or sell boats and anyone who otherwise interacts with BoatList (e.g., customer service inquiries, submission of forms, etc.). If you do not agree with this Policy, do not access or use the Services or otherwise interact with BoatList.

In this Policy, if we refer to:

• “Website,” we are referring to any website of ours that references or links to this policy;
• “Services,” we are referring to our Website, applications, products and services.

The purpose of this Policy is to explain to you in the clearest way possible what information we collect, how we use it, and what rights you have in relation to it. If there are any terms in this Policy that you do not agree with, please discontinue use of our Services immediately.

Please read this Policy carefully, as it will help you understand what we do with the information that we collect.

1. WHAT INFORMATION WE COLLECT

When you use our Services, we may obtain various types of information related to you and your use of the Services. This may include information that directly identifies you such as your name, address, or contact information (this type of information may be called “personal information” or “personally identifiable information”). The information we obtain generally consists of information (1) you give us about yourself, (2) automatically collected about your interactions with the Services and our content or ads on third-party websites, apps or other media, and (3) we get from other sources.

Personal Information You Give Us

We collect personal information that you voluntarily provide to us when you register for an account on our website, express an interest in obtaining information about our Services, when you participate in activities on the Website (such as by participating in auctions) or otherwise when you contact us. You may not be able to use some of the features of our Services (such as registering for an account and/or participating in an auction) if you do not submit the requested information.

The personal information that we collect depends on the context of your interactions with us and our Services, the choices you make and the products and features you use. The information you give us may include the following:

• Account registration information, including your full name, e-mail address, mailing address and phone number.
• Payment information (such as credit card details) to be used if you bid in an auction.
• Information about your boat (for example, location of the boat, boat hull ID number, length of ownership, engine hours and pictures and videos of the boat) if you want to list a boat for auction.
• Comments, photos, videos and other content or information you choose to publish on the Services or otherwise share with us.
• Information you provide when you choose to participate in surveys, polls, sweepstakes, contests or promotions.
• Transactional and activity information, including records of your bids and won auctions and questions you ask sellers.

All personal information that you provide to us must be true, complete and accurate, and you must notify us of any changes to such personal information.

Information Automatically Collected

We automatically collect certain information when you visit, use or navigate the Services. The Services automatically log certain information about visits to the Services, such as the number and frequency of visitors, technical information about browsers and devices used to access the Services, and information about crashes or other technical issues. In addition, we and third parties may automatically collect certain information through automated means about your activities over time across the Services as well as across third-party sites, apps or other media.

This information does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our Services and other technical information. This information is primarily needed to maintain the security and operation of our Website, and for our internal analytics and reporting purposes.

Like many businesses, we use a variety of tools that collect this information and include technologies such as cookies, web beacons, tags, scripts and pixels. These technologies may be included in our web pages, emails, and other digital content. These tools may assign or collect unique cookie IDs or other identifiers associated with your browser or device. These tools may collect information while you are using our Services or while they are running in the background of your device.

The information we automatically collect may include:

• Information about your computer, device, browser and operating system (e.g., type, model, or version).

• Internet protocol (IP) address, which may be used to derive your general geographic area (e.g., city and country).
• Device identifiers (e.g., mobile advertising IDs).
• Information about your interactions with the Services, including browsing activities, search history and clickstream data that reflect the content you have accessed, clicked on, or viewed.
• Information about how you accessed the Services, including details about websites or apps visited immediately before or after accessing the Services.
• Information about your interactions with email messages and other communications, such as whether you opened or forwarded the email or clicked on links contained in the email.

Information We Obtain From Other Sources

We receive information about you from other sources and it may be combined with other information about you. For example, we may obtain data from:

• Operators of third-party sites, apps, channels and platforms when you interact with our content, products, services or ads available thereon. The information we receive may include information about the content you view or access as well as your demographic information and information about your interests.
• Third-party data suppliers such as data aggregators, data resellers, public databases and business partners. They may provide us with demographic information, information about your transactions, and other information that helps us learn about you and other users of the Services.
• Social Media Platforms and similar services (“Social Media Platforms”). When you engage with our content or ads on Social Media Platforms, or interact with features on the Services that contain content or features provided by Social Media Platforms (e.g., login or sign in features or tools that allow you to share our content with others on Social Media Platforms), we may obtain information from Social Media Platforms, including your username, user ID, demographic information and other information, subject to the settings and privacy practices of the relevant Social Media Platform. We may obtain this information directly from the Social Media Platform or through plug-ins, integrations or applications. Please keep in mind that operators of Social Media Platforms may also gather information about you according to their own privacy policies.

2. HOW DO WE USE YOUR INFORMATION?

We use personal information collected via the Services for a variety of business purposes described below. We process your personal information for these purposes in reliance on our legitimate business interests, in order to enter into or perform a contract with you, with your consent, and/or for compliance with our legal obligations.

We use the information we collect or receive:

• To facilitate account creation and the logon process. If you choose to link your account with us to a third-party account (such as your Google or Facebook account), we use the information you allowed us to collect from those third parties to facilitate account creation and the logon process.
• To provide the Services. We may use your information to operate, improve and develop the Services and related content, products or services, including developing new products and features based on users’ interactions with the Services. This also includes for the purpose of providing the Services to you, including processing listings that you place or bids that you make. This may also include the publication and promotion of your listings and related content on other sites, apps or digital properties operated by third parties.
• To improve your experience. We may use your information to customize content, provide recommendations and enhance the quality and your overall experience with the Services, including by retaining your user preferences or presenting content in the most effective manner for the browser or device you use to access the Services.
• For analytics and operations. We may use your information to learn about users of the Services and analyze how you and others interact with and respond to the Services, including by measuring and optimizing usage, reliability and performance, conducting market research and analyzing trends. We may also use your information to analyze and measure the performance, effectiveness and reach of our advertising (including interest-based ads) and marketing efforts on the Services and elsewhere.
• To post testimonials. We post testimonials on our Website that may contain personal information. Prior to posting a testimonial, we will obtain your consent to use your name and the content of the testimonial. If you wish to update, or delete your testimonial, please contact us at info@boatlist.auctions and be sure to include your name, testimonial location, and contact information.
• To request feedback. We may use your information to request feedback and to contact you about your use of our Services.
• To enable user-to-user communications. We may use your information in order to enable user-to-user communications with each user’s consent.

• To manage user accounts. We may use your information for the purposes of managing your account and keeping it in working order.
• To process payment of fees. If you post a listing or bid on a boat, we use your payment card information for limited purposes, such as to process any applicable transaction fees.
• To Administer contests, prize draws and competitions. We may use your information to conduct surveys, sweepstakes and contests and to administer prize draws and competitions when you elect to participate therein.
• To respond to user inquiries/offer support to users. We may use your information to provide customer assistance or technical support, to respond to your inquiries and to solve any potential issues you might have with the use of our Services.
• To send you marketing and promotional communications. We and/or our third-party marketing partners may use the personal information you send to us for our marketing purposes.

• To develop, manage and conduct advertising and marketing campaigns. This includes marketing activities related to our auctions, listings and content or to products and services of third parties.
• For interest-based advertising (also known as targeted or personalized advertising or ads). We may use your information to deliver advertising based on your interests as inferred from your activities over time on the Services and online services operated by third parties, as well as information from other sources. Interest-based ads may consist of text ads, images, animations or videos and may be displayed to you based on various factors, including the context of the site or app in which they appear (e.g., sport or travel section), information you provided to the operator of the site or app (e.g., when you created an account), your activities on the site or app (e.g., pages viewed, searches performed or ads clicked), and information such as your demographic, interests and household information. These ads may be delivered to you via the Services and on third-party sites, apps or other media. There are steps you can take to limit the collection of your information for interest-based advertising purposes. These steps vary for the web and mobile app environments and are browser and device specific. To learn more about interest-based advertising and opt-out choices, see http://www.aboutads.info/choices/.
• To send administrative information to you. We may use your personal information to send you product, service and new feature information and/or information about changes to our terms, conditions, and policies.

• To protect our Services. We may use your information as part of our efforts to keep our Services safe and secure (for example, for fraud monitoring and prevention and to detect or respond to potentially illegal activities, misuse of our Services and intellectual property infringement).
• For operational purposes. We may use your information to perform audits, conduct assessments and for testing or troubleshooting activities. We may also use it for backing up our systems (including for disaster recovery purposes) and enhancing the overall security of the Services.
• To enforce our terms, conditions and policies for business purposes, to comply with legal and regulatory requirements or in connection with our contract. This includes using your information to comply with and enforce applicable industry and legal requirements (including legal process such as court orders, warrants or subpoenas) and to fulfill contractual obligations.

• To respond to legal requests and prevent harm. If we receive a subpoena or other legal request, we may need to inspect the data we hold to determine how to respond.
• In an aggregated and anonymized manner. If your information is anonymized and aggregated such that you cannot be identified as the source of such information, then we may use such anonymized/aggregated information for any business purpose.

3. WHO WE SHARE YOUR INFORMATION WITH

We may need to process your data or share your personal information in the following situations:

• Sellers, Other Users and Third Parties. If you transact with another user or third party in connection with an auction or other feature made available on or in connection with the Services (such as asking a seller a question about a listing), we share your personal information with the seller, other user or third party to facilitate the transaction you requested. Please note that if you successfully win a bid, we will provide the seller with your personal information (including, your name and contact information) to facilitate the sale of the boat. Other users (including sellers) and third parties are independent from us and are responsible for the handling and use of your personal information, including personal information that we may provide to them. Sellers and third parties are responsible for compliance with applicable laws, including privacy laws, and rights that you may have with respect to your personal information that such users, sellers and third parties maintain. You should direct any questions or concerns with respect to your information directly to such users, sellers and third parties.
• Service Providers. In connection with the operation and provision of the Services, we engage various third parties to provide services or handle transactions on our behalf, such as payment card processing, email distribution, cloud computing, analytics, digital content performance measurement, ad serving and managing sweepstakes, contests, promotions or events. These service providers use the information we provide to them as necessary or appropriate for the performance of their services.
• The Public. You can set automated notifications to be contacted when specific boat models are listed on the site and such notification may be added to your publicly-available profile. In addition, every time you place a bid, or win an auction, that information is displayed publicly on you profile. And lastly, all questions you ask sellers are posted publicly and may be saved to your profile and/or the seller’s profile.
• Advertisers, Advertising- and Marketing-Related Service Providers and Partners. We may provide your information to advertisers, advertising agencies, ad networks, ad exchanges, marketing businesses, technology vendors and other entities that create, deliver and assess advertising or marketing campaigns, including interest-based ads.
• Content Measurement Companies. We and third parties seek to measure the performance of content across the internet, including on the Services. We may include third-party measurement software in the Services to enable market research or to measure digital and video content consumption.
• Social Media Platforms. If you interact with social media widgets, share content using social media share buttons, or access features of the Services that contain content or features provided by Social Media Platforms, the relevant Social Media Platforms may collect information. We encourage you to review the privacy policies of the Social Media Platforms that you engage with as we are not responsible for their privacy practices.
• When Required by Law. We may disclose your information where we are legally required to do so in order to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal process, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements).
• Vital Interests. We may disclose your information where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which we are involved.
• Business Transfers. We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.
• With Your Consent or Otherwise at Your Direction. In addition, we may share your information with third parties when you consent to or request such sharing.
• In Aggregated/Anonymized Form. If your information is anonymized and aggregated such that you cannot be identified as the source of such information, then we may share such anonymized/aggregated information for any business purpose.

4. YOUR CHOICES

Direct Marketing Opt-Outs

1. Email marketing. You may opt out of receiving marketing or promotional emails from us by clicking on the “unsubscribe” link contained in such emails or by updating your notification settings in your account. Please keep in mind that if you opt out of receiving marketing or promotional emails, we may still send you transactional emails or other communications relating to your use of the Services (e.g., to confirm your bids, to inform you of changes to our Services or in response to your password recovery request).
2. Text message marketing. If you choose to participate in a text message marketing campaign or promotion offered in connection with the Services, you may opt out of receiving marketing texts from us by following the instructions contained in those messages (e.g., texting the word STOP) or provided to you when you elected to receive text message marketing.
3. Direct mail. You may request that we stop sending you postal mail offers through the US post office by notifying us via e-mail at info@boatlist.auction. Please indicate in your e-mail the name of the Services or publication to which your request applies.

Website (Browser) Opt-Out

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 of the Services. To opt-out of interest-based advertising by advertisers on our Website visit http://www.aboutads.info/choices/.

Do Not Track

The Company does not currently take steps to respond to browsers “Do Not Track” signals as no uniform standard to respond to such signals has been developed at this time.

User Account

If you have created an account via the Services, you can to review and change your information for that account by logging in and updating your information or user preferences. If you wish to deactivate or delete your account, please contact us at info@boatlist.auction.

5. THIRD-PARTY WEBSITES

The Services may contain advertisements from third parties that are not affiliated with us and which may link to other websites, online services or mobile applications. We cannot guarantee the safety and privacy of data you provide to any third parties. Any data collected by third parties is not covered by this Policy. We are not responsible for the content, or privacy and security practices and policies, of any third parties, including other websites, services or applications that may be linked to or from our Services. You should review the policies of such third parties and contact them directly to respond to your questions.

6. RETENTION OF YOUR INFORMATION

We will keep your personal information for as long as we have a relationship with you. Once our relationship with you has come to an end, we will retain your personal information for a period of time that enables us to:

• Maintain business records for analysis, understanding market trends and/or audit purposes and to improve the Services.
• Comply with record retention requirements under applicable laws or other relevant legal or regulatory requirements.
• Defend, establish, exercise or bring any existing or potential legal claims.
• Carry out fraud detection and prevention.
• Deal with any complaints regarding the Services, our products and services.

We will delete your personal information when it is no longer required for these purposes. If there is any information that we are unable, for technical reasons, to delete from our systems, we will put in place appropriate measures to prevent any further processing or use of the data.

7. OUR SECURITY

We have implemented appropriate technical and organizational security measures designed to protect the security of any personal information we process, including encryption of your data in transit and at rest and requiring user authentication. However, despite our safeguards and efforts to secure your information, no electronic transmission over the Internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security, and improperly collect, access, steal, or modify your information. Although we will do our best to protect your personal information, transmission of personal information to and from our Services is at your own risk. You should only access the Website within a secure environment.

8. CALIFORNIA RESIDENTS

California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us at 1801 NE 123rd Street, Suite 314, North Miami, FL 33181. For such request, you must put the statement “Your California Privacy Rights” in the body of your request, as well as your name, street address, city, state, and zip code. In your request, you need to attest to the fact that you are a California resident and provide a current California address for our response. Please note that we will not accept requests via the telephone, email, or by facsimile, and we are not responsible for notices that are not labeled or sent properly, or that do not have complete information.

9. CHILDREN’S PRIVACY RIGHTS

Our Services are not intended for use by or directed to minors. We do not knowingly collect or ask for information from minors. We do not knowingly allow minors to use our Services. We will delete any information we discover is collected from a minor without permission from their parent(s) or legal guardian(s). Please contact us using the contact details below if you believe you may have provided us with a minor’s information without permission from their parent(s) or legal guardian(s).

10. WHERE WE MAY STORE OR TRANSFEER YOUR INFORMATION

By using the Services you acknowledge and agree that: (i) your information will be processed as described in this Policy; and (ii) you consent to have your information transferred to us and our facilities in the United States or elsewhere, including those of third parties as described in this Policy. To provide you with the Services, we may store, process, and transmit data in the United States and locations around the world.

You must be a resident of the United States to use the Services as we do not intent to collect information from individuals residing outside of the United States. If you are no located in the United States, please do not use our Services.

11. CHANGES AND UPDATE TO THIS POLICY

We may update this Policy from time to time to reflect changes in our privacy practices or applicable laws. Subject to applicable law, we may make such changes without prior notice. We will publish the updated version on the Website and indicate at the top of the updated Policy when it was most recently updated. Your use of the Services will be governed by the then-current version of the Policy. We encourage you to review this Policy frequently to be informed of how we are protecting your information.

12. CONTACT INFORMATION

If you have questions about this Policy or your information, you may email us at info@boatlist.aucftion or by post to:
1801 NE 123rd Street
Suite 314
North Miami, FL 33181
United States