Last Modified: July 2022
Smarter Charters, LLC and its affiliates (the “Company”, “we”, “our”, or “us”) respect your privacy and are committed to protecting it through this privacy policy (“Privacy Policy”). This Privacy Policy describes the type of information we may collect from you or that you may provide to us when you visit our www.smartercharters.com and the affiliated subdomains (the “Site”), use our Services (as defined in the Terms of Service) that we provide to you or which are available through our Services and our policies and practices regarding how we collect, use and disclose that information. If you engage in Services offered by us, then you may be subject to other terms and conditions and disclosures relevant to the Services that are not included in this Privacy Policy.
BY ACCESSING OR BROWSING THE SITE, REGISTERING OR USING THE SERVICES, YOU CONSENT TO THE COLLECTION AND USE OF YOUR INFORMATION AS DESCRIBED IN THIS PRIVACY POLICY, AS MODIFIED FROM TIME TO TIME BY US.
This Privacy Policy applies to information we collect:
We reserve the right, at any time and without notice to you, to add to, change, update, or modify this Privacy Policy. If we decide to change our Privacy Policy, we will post a new notice on our Site and change the date at the top of the Privacy Policy. Any change, update or modification will be effective immediately upon posting on our Site and will apply to any personal information provided to us on and after that date. Your continued use of the Site or Services after we make changes is deemed to be acceptance of those changes, so please check the Privacy Policy periodically for updates.
If we make a material change to our Privacy Policy that affects how we collect or use your personal information, we will notify you via email, SMS text message, and/or a notification under the account settings page.
If you have any questions about this Privacy Policy or our use of your information, you can email us at customerservice@smartercharters.com.
The Personal Information we use to provide the Services is the information that we know about you, either because you are an end user of our Services or a customer contact (like a subscriber to our subscription services).
We collect “Personal Information,” which is information that can be used to identify you individually, such as your name, mailing and email addresses, phone number, and other information that permits us to contact you at a physical location, online, or by electronic communication, including telephone, email, or text messages (including by an automatic telephone dialing system).
In general, you can browse the Site or Services and “opt-out” from providing us with any Personal Information. Once you agree to provide us with Personal Information, you are no longer anonymous to us. If you choose to use Services, or sign up for subscription services, we may require you to provide contact and identity information, billing information, and other Personal Information as indicated on the forms throughout the Services. You always have the option to not provide information by choosing not to use or purchase Services.
We also collect information about you that does not itself identify you individually and aggregate information, which is information about use of our Services, such as pages visited on our Site. The information we collect depends on the purpose and nature of your interactions with the Site and on what services and features you use on our Services.
If you are using our Site and/or Services as an Account Holder, you are required to submit information about your business, your business name, your name, the name of staff or other individuals associated with your business, an email address, password, and additional Personal Information. We also collect and store access information related to your account. If you register for our Services, you may be required to submit an email address, password, and additional Personal Information. We also collect and store access information related to your account.
When you have an account with us, the combination of your username and your password is the key to your account with our Services. We recommend that you use a unique combination of letters, numbers, and special characters to create your password. You are responsible for all actions taken in the name of your account. You should not disclose your password to anyone. If you decide to share your password or lose control of your password, you may jeopardize the security and confidentiality of your Personal Information. Moreover, you may be subject to legally binding actions taken on your behalf. Therefore, if your password has been compromised for any reason, you should immediately notify us at customerservice@smartercharters.com and, if available, login to your account at the Site and change your password.
We may also track and retain the details of all transactions and communications between customers, target audiences, and other users on our Site and Services such as emails, feedback, ratings, sale and purchase of products or services, and any other forms of communications. We may use and display your name when you send an email or other communication through our Site and/or Services.
If you use our Site and/or Services for purchases or financial transactions, such as listing a boat for charter, making a charter booking purchase, or purchasing related services or merchandise. , we collect information related to the purchase or transaction. This information includes your payment method (credit card or debit card number, account and authentication information), billing information, shipping and delivery details. Your payment may be charged through a third-party payment processor that you select to use. You should look to the third-party payment processors’ terms regarding payments and contact them directly if you have any inquiries.
For Account Holders, Customers, and others who may obtain Services from us that require monthly recurring billing, you authorize us to maintain your credit card and billing information and to charge you monthly, or other recurring basis, as indicated on the Site or Services during the sign-up process or as indicated on any purchase order, subscription, license, enrollment form, or other agreement with us. You understand and agree that we may not send monthly invoices or bills for the recurring billing.
Your payment for purchased Services may be charged directly by us through our payment processor, Stripe, Inc., or through your mobile application provider, in which case you should look to the provider’s terms regarding in-app payments. To the extent the Services or any portion thereof is made available for any fee or through a subscription, your access will be granted following payment of the applicable fees to Smarter Charters. Your account and access to the Services may be suspended in the event of non-payment of applicable fees.
You agree to provide accurate and complete billing information, including valid credit card information, your name, address and telephone number, and to provide us with any changes in such information within five (5) days of the change.
We may collect information that identifies you personally when you submit comments, questions, or suggestions to us or to the Services using the Contact Us form or by email, including attached files in an email sent to us. We may also track and retain the details of all transactions and communications you have with other users such as emails, feedback, ratings, sale and purchase of products or services, and any other forms of communications.
Any comments and any emails we receive from you are subject to the terms of this Privacy Policy and the Terms of Service.
We collect information from or about the computers and devices that you use to access the Services, as determined and allowed by the personal settings you have for the computer and device. We collect the Internet Protocol (IP) address, domain name, browser type, operating system, device settings, location, web log files, and other code tracking devices from any device you use to access our Services and any pages at our Site. You can turn-off and adjust settings on your computers and devices that will not allow us to collect information. For example, in many cellular devices, you can turn off location settings by selecting the “Settings” feature, choosing “Privacy” and turning-off “Location.”
Cookies are small files that are sent to your browser from a web server and stored on your computer, mobile phone, or other device. In this section “website” may refer to the Site or an eCommerce website. When you use the Services, we collect certain information by automated electronic means, which may include:
Our use of cookies, pixel tags and other technological measures includes:
The information from Cookies is also stored in web server logs, which are then transmitted back to the website by your computers or mobile devices. These servers and Cookies are operated and managed by us and our service providers. As you use the website and Services, your browsers communicate with servers operated by the Company and our service providers to coordinate and record the interactivity and fill your requests for services and information.
We may track, collect, and retain the details of transactions and communications you have with other users such as emails, feedback, ratings, sale and purchase of products or services, and any other forms of communication. In addition, our Services contain applications to enable you to connect to and from social networking sites and we may collect information about you and your business from such social networking sites in order to provide you with a more personalized experience. We may use and display your name when you send an email or other communication through our Services to our registered users.
Some content, applications, email, or text message marketing campaigns from our Site through the Services are served by third-parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our Services. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.
We may enable third parties (e.g., Account Holders) to serve advertisements, including email and text message campaigns, available through our Services, eCommerce websites, or on third-party websites or other media (e.g., social networking platforms) that enable us and third parties to target advertisements to you for products and services in which you might be interested. Third-party ad network providers, advertisers, sponsors, and/or traffic measurement services may use cookies, JavaScript, web beacons (including clear GIFs), LSOs and other tracking technologies to measure the effectiveness of their ads and to personalize advertising content to you. These third-party cookies and other technologies are governed by each third-party’s specific privacy statement, not this one. We may provide these third-party advertisers with information, including personal information, about you.
If you are a target audience of any advertising by an Account Holder, please direct all inquiries related to mobile phone or email contact to the sender of that advertising. If you receive an unsolicited email or text message from an Account Holder, please follow the unsubscribe process within that message and direct any further inquiries to the sender. We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.
By providing us or Account Holders with your mobile phone number, you hereby expressly consent to receive automated text messages (including SMS and MMS) from us at the mobile phone number you provided. You represent that you are 18 years of age or older and you have the consent of the wireless account holder associated with the mobile phone number you provided.
You are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.
Text messages may be sent using an automatic telephone dialing system or other technology. Your consent to receive autodialed marketing text messages is not required as a condition of purchasing any goods or services. If you have opted in, we may provide updates, special offers, inside news, access to events, ways to enter sweepstakes, instant win games and other marketing offers via text messages through your wireless provider to the mobile number you provided. Message frequency varies.
You may opt out of receiving emails or text messages from us at any time either by texting the word “STOP” to any text message using the mobile device that is receiving the messages, by using the unsubscribe link contained in the email, or by contacting the sender. If you are unable to resolve this through these means, contact us at customerservice@smartercharters.com
We may change any short code or telephone number we use to operate the texting services at any time and will notify you of these changes. You acknowledge that any messages, including any STOP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages. Please contact us at customerservice@smartercharters.com if you need assistance.
We use Personal Information to provide you with the features available through the Site and Services, to respond to requests that you initiate through the Site or Services, to process orders and facilitate any transactions that you may initiate through the Site or Services, and to communicate with you. When we have location information, we may use it to tailor our services for you.
We share your Personal Information to facilitate transactions through the Site and Services, for example when you purchase product through our Account Holders, the Site, or the Services. We share your information with certain third-party service providers to perform the services and facilitate transactions initiated through the Site or Services.
We may use Personal Information, non-personal, and aggregate information to evaluate and improve our products and services, and for our own internal statistical, design, operational purposes, for example to estimate our audience size, measure aggregate traffic patterns, and understand demographic, customer interest, purchasing, and other trends among our visitors and Customers. We transfer information to certain Account Holders that use the Services and to vendors and service providers who provide technical infrastructure services and other content, analyze our services and measure the effectiveness of our services.
We may use third-party software that tracks traffic directed to and from our Site and Services from affiliate websites and the purchases that result from this traffic. This information is aggregated and is not tied to an individual purchase or person.
To the extent allowable, we may also use your Personal Information for the marketing and/or promotion of our products or services. We may outsource all of the tasks described in this Privacy Policy to third parties on a confidential basis. We may share Personal Information with third-parties for marketing purposes. If you do not want to receive promotional materials from us or third parties to whom we outsource certain tasks, email us at customerservice@smartercharters.com martercharters.com to change your preferences. Otherwise, you agree that we may use your Personal Information, including your email address, to improve our marketing and promotional efforts, to analyze Site and Service usage, to improve our Site and Services, and to customize the Services content and layout. These uses improve our Site and Services and better tailor it to meet your needs, so as to provide you with a smooth, efficient, safe, and customized experience while using the Services.
From time-to-time we may invite you to participate in surveys on our Services. Participation in these requests is completely voluntary and with each request you will have the choice of whether or not to disclose information. Such survey information will be used to improve the overall experience of visiting or using the Site and Services. No compensation will be provided should you choose to participate.
If you provide us with feedback, we will collect that information and we may use it in our marketing materials, use it on our Site and/or Services, or disclose it for any purpose we choose. Your Personal Information will not be disclosed or associated with any feedback that we use or disclose unless you have given us permission to use your Personal Information for this purpose. We use computer and device information for marketing purposes, to examine traffic to the Site and Services, identify any misuse of the Site and Services, and improve the Site and Services to provide you a better experience.
We may disclose Personal Information, non-personal information, and aggregate information:
(a) to comply with the law, cooperate and respond to requests and claims or comply with legal process served on us (e.g., a lawful subpoena, warrant, or court order);
(b) to enforce or apply our Terms of Service, policies, or agreements (including to initiate, render, bill, and collect for amounts owed to us);
(c) to protect and defend us or our user’s rights or property, the Site, Services, our employees, visitors, or the public, (including protecting and defending from fraudulent, abusive, or unlawful use of, the Site or Services); or
(d) if we reasonably believe that an emergency involving immediate danger of death or serious physical injury to any person requires disclosure of communications or justifies disclosure of records without delay.
Information collected through our Site or Services is considered our trade secret or proprietary information. As the owner of such information, we may disclose or sell such information as an asset of the company in conjunction with the sale to a third-party of our company or a portion of our assets.
You may access our Services through external websites provided by Account Holders. Account Holders manage your use and related personal information provided by you on their websites. We cannot make changes to your personal information provided by you to external websites. If you place an order through an external website, we may collect information pertaining to your order.
You may choose not to provide us with any Personal Information. In that case, you can still visit and browse the Site subject to the Terms of Service; however, you will not have access to or receive the benefits conferred upon registered users of our Services. If you do not wish to receive information and promotional material from us or from an Account Holder, you may select the appropriate “opt-out” option in the communication. Despite your election to opt-out, we may send you emails or contact you by other means regarding your account, transactions, and your activities with the Services.
Account Holders of our Services that set up an account with us may elect to receive or stop receiving information from us or any third-party as described by this Privacy Policy. If you receive email communications from our Services, you may use the unsubscribe link contained in the email. Please contact us at customerservice@smartercharters.com if you need assistance.
You may also review and request changes to your Personal Information and obtain removal of content or information you have publicly posted at our Site by sending an email with a detailed description of the specific content or information to customerservice@smartercharters.com Please be aware that such a request does not ensure complete or comprehensive removal of the content or information you have posted and that there may be circumstances in which the law does not require or allow removal even if requested.
Please be aware that we cannot always delete records of past interactions and transactions. For example, we are required to retain records relating to previous sales and purchases for financial reporting and compliance reasons.
You may manage how your browser handles cookies and related technologies by adjusting its privacy and security settings. Browsers are different, so refer to instructions related to your browser to learn about cookie-related and other privacy and security settings that may be available. You can opt-out of being targeted by certain third-party advertising companies online at http://www.networkadvertising.org/choices/.
You may manage how your mobile browser handles cookies and related technologies by adjusting your mobile device privacy and security settings. Please refer to instructions provided by your mobile service provider or the manufacturer of your device to learn how to adjust your settings.
Users in the United States may opt out of many third-party ad networks. For example, you may go to the Digital Advertising Alliance (“DAA”) Consumer Choice Page for information about opting out of interest-based advertising and your choices regarding having information used by DAA companies. You may also go to the Network Advertising Initiative’s (“NAI”) Consumer Opt-Out Page for information about opting out of interest-based advertising and your choices regarding having information used by NAI members. The NAI’s main webpage is located at www.networkadvertising.org.
Opting out from one or more companies listed on the DAA Consumer Choice Page or the NAI Consumer Opt-Out Page will opt you out from those companies’ delivery of interest-based content or ads to you, but it does not mean you will no longer receive any advertising through the Services. You may continue to receive advertisements, for example, based on the particular website that you are viewing (i.e., contextually based ads). Also, if your browsers are configured to reject cookies when you opt-out on the DAA or NAI websites, your opt-out may not be effective. Additional information is available on the DAA’s website at www.aboutads.info or the NAI’s website.
We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.
If you do not want us to use information that we collect or that you provide to us to deliver advertisements according to our advertisers’ target audience preferences, you can opt-out by contacting us at customerservice@smartercharters.com For this opt-out to function, you must have your browser set to accept browser cookies. We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the NAI on its website at www.networkadvertising.org.
Please be aware that we may provide links to third-party websites as a service to our visitors, and that we are not responsible for the content or information collection practices of those pages. Please note that these websites’ privacy policies may differ from our Privacy Policy. We encourage you to review and understand the privacy practices at third-party websites before providing them with information.
We follow generally accepted industry standards to protect Personal Information, including your email address, submitted to us, both during transmission and once we receive it. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Services.
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Services, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.
Some internet browsers have incorporated “Do Not Track” features. We respond to Do Not Track signals by not tracking browser and URL information collected through a tracking pixel. However, for security purposes, we do not respond to Do Not Track signals for information collected via server logs, such as user IP address and firewall events.
We will not collect information from children under age 18. Our Services are for general audiences and are not designed nor intended to collect Personal Information from children under the age of 18 We require that registrants affirm that they are 18 years or older, prior to creating an account on the Site and/or using our Services. If we learn that a person under the age of 18 has submitted personally identifiable information to us, we will delete that information from our Services. If you believe that we might have information from or about a person under the age of 18, please contact us immediately at customerservice@smartercharters.com
We may provide your Personal Information to third parties for direct marketing purposes as defined in California Civil Code Section § 1798.83. Please contact us at customerservice@smartercharters.com for any questions regarding your Personal Information or to receive information regarding the use of your Personal Information for direct marketing purposes.
As set forth above, we collect the following categories of information: identifiers (such as your name and email address), Personal Information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)) (such as your name and contact information), internet or other similar network activity, geolocation data, and inferences drawn from the collected Personal Information. This information is collected directly from you when you provide it to us (for example when you submit a form requesting more information) or automatically as you navigate through the Services. We use this information for one or more legitimate business purposes, including to improve our Services and offer information about our Services to you.
We have not sold your Personal Information in the past 12 months.
If you are a resident of California, you have other rights under the CCPA:
• Right of Access: You can access your collected personal information by contacting us at customerservice@smartercharters.com
• Right to correct, update, or delete: You can correct, update or request deletion of your personal information by contacting us at customerservice@smartercharters.com We can’t make changes to or delete your information in some situations where it is necessary for us to maintain your information, for example if we need the information to comply with applicable law.
• Right to Request Disclosure of Information Collected: Please contact us at customerservice@smartercharters.com to request further information about the categories of personal information we have collected about you, where we collected your personal information, and for what purpose we use your personal information.
• Right to Disclosure of Information Sold and Right to Opt-Out: You have the right to know what information of yours we have sold, and you have the right to opt-out of any sale of your information. We do not sell any of your information. If you have any questions about these rights, please contact us at customerservice@smartercharters.com
• Right to Non-Discrimination: We do not and will not discriminate against you if you exercise your rights under the CCPA.
When you contact us regarding any of your rights under the CCPA, we will verify your identity before we provide any information. If you have any questions or comments about your rights under the CCPA, please contact us at customerservice@smartercharters.com
When you contact us regarding any of your rights under the CCPA, we will verify your identity before we provide any information. If you have any questions or comments about your rights under the CCPA, please contact us at customerservice@smartercharters.com
As set forth above, we collect the following categories of information: identifiers (such as your name and email address), personal information (such as your name and contact information), internet or other similar network activity, geolocation data, and inferences drawn from the collected Personal Information. This information is collected directly from you when you provide it to us (for example when you submit a form requesting more information) or automatically as you navigate through the Services. We use this information for one or more legitimate business purposes, including to improve our Services and offer information about our Services to you.
If you are a resident of Colorado, Nevada, or Virginia, you have other rights under your respective states’ consumer privacy statute:
• Right of Access: You can access your collected personal information by contacting us at customerservice@smartercharters.com
• Right to correct, update, or delete: You can correct, update or request deletion of your personal information by contacting us at customerservice@smartercharters.com We can’t make changes to or delete your information in some situations where it is necessary for us to maintain your information, for example if we need the information to comply with applicable law.
• Right to Request Disclosure of Information Collected: Please contact us at customerservice@smartercharters.com to request further information about the categories of personal information we have collected about you, where we collected your personal information, and for what purpose we use your personal information.
• Right to Disclosure of Information Sold and Right to Opt-Out: You have the right to know what information of yours we have sold, and you have the right to opt-out of any sale of your information. We do not sell any of your information. If you have any questions about these rights, please contact us at customerservice@smartercharters.com
• Right to Disclosure of Targeted Advertising and Right to Opt-Out (Colorado & Virginia): If you are a resident of Colorado or Virginia, you have the right to know what information of yours we have processed for targeted advertising. If you have any questions about these rights or wish to opt-out of any processing of your personal information as it relates to targeted advertising, please contact us at customerservice@smartercharters.com
• Right to Disclosure of Profiling (Colorado & Virginia): If you are a resident of Colorado or Virginia, you have the right to know what information of yours we have processed for the purposes of profiling in furtherance of decisions that produce legal or similarly significant effects concerning the consumer. If you have any questions about these rights or wish to opt-out of any processing of your personal information as it relates to profiling, please contact us at customerservice@smartercharters.com
• Colorado Right to Non-Discrimination: We do not and will not discriminate against you if you exercise your rights under the CPA.
• Nevada Right to Non-Discrimination: We do not and will not discriminate against you if you exercise your rights under the NPICICA.
• Virginia Right to Non-Discrimination: We do not and will not discriminate against you if you exercise your rights under the VCDPA.
When you contact us regarding any of your rights under the CPA, NPICICA, or VCDPA we will verify your identity before we provide any information. If you have any questions or comments about your rights under the CPA, NPICICA, or VCDPA please contact us at customerservice@smartercharters.com
“Company” means Smarter Charters, LLC. To learn more about our privacy practices or this Privacy Policy, you may contact us at customerservice@smartercharters.com.