Yachtly Privacy Policy

[last updated September 14, 2024]

YACHTLY PRIVACY POLICY

If you visit any of Yachtly’s websites or other products and services we provide (the “Yachtly Platform”), Yachtly, Inc. ("Yachtly," "we," "us," or "our") will ask for, collect, and store Personal Data about you (your “Personal Data”). We would not be able to provide the Yachtly Services to you without the Personal Data you provide us, which is why we want you to know that we take our responsibility to protect your Personal Data very seriously. We also want to make very clear how we use your Personal Data so that you can make informed choices about your use of the Yachtly Services.

This document (our “Privacy Policy”) explains how we collect and use your Personal Data, how and with whom we share your Personal Data, and how we protect your Personal Data. This Privacy Policy is subject to the terms of the Yachtly Platform Agreement and the Yachtly Payment Services Addendum. If you have questions about this Privacy Policy, or have suggestions for how we can improve it, please contact us at support@goyachtly.com.

If you do not want us to collect Personal Data from you or share Personal Data with any third parties or otherwise disclose your Personal Data, you should not visit our website, or apply or use the Yachtly Services. If you see a capitalized word in this Privacy Policy and it is not defined in the context in which it is used, the word will have the meaning shown in Section 1.

1. Definitions

"Account Owner" are individuals acting on behalf of an existing or potential Yachtly User (e.g., you are a founder of a company, or administering a Yachtly Account for a brokerage, stakeholder, or yacht management company that is a Yachtly User).

"Beneficial Owner" means individuals who own 25% or more of a Yachtly User.

"Control Persons" means individuals in executive roles (e.g., CEO, CTO, COO, CFO), or who have the authority to act on behalf of a Yachtly User.

"End Users" are individuals who work for Yachtly Users or to whom a Yachtly User provides access to a Yachtly Account, and who interacts with the Yachtly Platform to create charters and to process payments.

"Charterers" are individuals who pay for charter yacht vacations using the Yachtly Services.

"Financial Partners" means financial institutions, payment processors, and any other third-party entities with whom we partner to provide payment processing and other regulated financial service components of the Yachtly Services; including Stripe, Inc., Stripe Payments Company, Wells Fargo Bank, PNC Bank, Evolve Bank & Trust, and Celtic Bank, and certain other Financial Service Payment Method Providers used by Charterers to make payments.

"Financial Partner Services" means the banking, payment processing, and funds transfer services provided our Partners.

"Financial Partner Service Providers" means any third-party technology provider who assists a Financial Partner with providing the Financial Partner Services (see the privacy policies of each Financial Partner listed in this Privacy Policy for more information on how they use your Personal Data).

"Service Providers" means any third-party technology providers who are not Financial Partners who assist us with developing, hosting, and maintaining the Yachtly Platform, including Amazon Web Services (hosting), GitHub (code repository); Google (Yachtly email), Slack (Yachtly internal communications), HubSpot (automation of user communications and chat customer service).

"Visitors" are individuals who visit the Yachtly Platform without being logged into a Yachtly Account or who otherwise communicate with Yachtly about the Yachtly Services without creating a Yachtly Account.

“Yachtly Account” means an account made on the Yachtly Platform.

"Yachtly Services" means the products and services provided by Yachtly accessed through the Yachtly website and mobile application.

"Yachtly Users" means the business entities or sole proprietors who use the Yachtly Services to receive payments for charter yacht vacations.

2. Collection of Personal Data

In the table below, we provide the list of categories of Personal Data that Yachtly has collected from Beneficial Owners, Control Persons, End Users, Charterers, and Visitors within the last twelve months and some examples for a better understanding. We may collect Personal Data when you use the Yachtly Platform or apply for a Yachtly Account. We also have identified the main sources and purposes for collection:

3. Sharing of Personal Data

4. How long do we keep Personal Data?

We collect, but do not store the following Personal Data that we provide to our Financial Partners:

• Residential Address

• Business Title

• Date of Birth

• Last four digits of Social Security Number or Green Card number

• Driver's License number or Passport number, and their corresponding images

All other Personal Data collected will be stored in databases on servers owned and maintained by our Service Providers in the United States and in the European Union. Our Financial Partners will store KYB/KYC data and transaction data for 7 years. We will store all other Personal Data for as long as you maintain an account with Yachtly, and then for 1 year after you close your Yachtly Account. We will store Site Personal Data for 2 years.

6. Your Data Protection Rights Under the General Data Protection Regulations (GDPR)

If you are a resident of the EEA, you have the following data protection rights:

· If you wish to access, correct, update, or request deletion of your Personal Data, you can do so at any time by emailing support@goyachtly.com. If you delete your Yachtly Account your Personal Data will not be used by us for any further purposes, nor sold or shared with third parties, except as necessary to prevent fraud and assist law enforcement, as required by law, or in accordance with this Privacy Policy.

· In addition, you can object to the processing of your Personal Data, ask us to restrict the processing of your Personal Data, or request portability of your Personal Data. Again, you can exercise these rights by emailing support@goyachtly.com.

· You have the right to opt-out of marketing communications we send you at any time. You can exercise this right by clicking on the "unsubscribe" or "opt-out" link in the marketing emails we send you. To opt-out of other forms of marketing, please contact us by emailing support@goyachtly.com.

· Similarly, if we have collected and process your Personal Data with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect the processing of your Personal Data conducted in reliance on lawful processing grounds other than consent.

· You have the right to complain to a data protection authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority.

We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws.

Legal Basis for Processing Personal Information

Our legal basis for collecting and using the Personal Data described above will depend on the Personal Data concerned and the specific context in which we collect it.

However, we will normally collect Personal Data from you only (i) where we need the Personal Data to carry out our obligations under contracts with our Financial Partners; (ii) where the processing is in our legitimate interests and not overridden by your rights; or (iii) where we have your consent to do so. We have a legitimate interest in operating the Yachtly Services and communicating with you as necessary to provide the Yachtly Services, for example when responding to your queries, improving the Yachtly Services, or for the purposes of detecting or preventing illegal activities.

In some cases, we may also have a legal obligation to collect Personal Data from you or may otherwise need the Personal Data to protect your vital interests or those of another person.

If we ask you to provide Personal Data to comply with a legal requirement or to perform a contract with you, we will make this clear at the relevant time and advise you whether the provision of your Personal Data is mandatory or not (as well as of the possible consequences if you do not provide your Personal Data).

6. California Privacy Rights

As a California consumer, you have the following choices regarding our use and disclosure of your Personal Data subject to certain limitations under the California Consumer Privacy Act (“CCPA”):

• Right to know. You may request, up to twice in a 12-month period, the following information about the Personal Data we have collected, used, disclosed or sold about you during the past 12 months:

o the categories and specific pieces of Personal Data we have collected about you;

o the categories of sources from which we collected the Personal Data;

o the business or commercial purpose for which we collected the Personal Data;

o the categories of third parties with whom we shared the Personal Data; and

o the categories of Personal Data about you that we disclosed for a business purpose and sold to third parties, and the categories of third parties to whom the information was disclosed or sold.

• Right to delete. You may request that we delete the Personal Data we have collected from you, subject to certain limitations under the CCPA.

• Right to opt-out from sale of Personal Data. You have the right to opt-out of the sale of your Personal Data. We do not sell your Personal Data.

• Non-discrimination. The CCPA provides that you may not be discriminated against for exercising these rights.

To submit a request to exercise any of the rights described above, you may email us at support@goyachtly.com or write to us at Yachtly, Inc., 50 W Broadway Ste 333 PMB 68268, Salt Lake City, UT 84101. We will verify your identity before responding to your request by either verifying that the email address from which you send the request matches your email address that we have on file, or by requiring you to log into your account.

Consumer Request by an Authorized Agent

If any authorized agent submits a consumer request under the CCPA on your behalf, we require the authorized agent to submit the following information so that we can confirm their authority to act on your behalf:

• Evidence of authorization to act on behalf of the California consumer: (1) California Secretary of State authorization, (2) notarized written permission from the California consumer, or (3) power of attorney.

• Evidence of identity of the California consumer: (1) first and last name, (2) email address, and (3) password.

7. Cookies, Advertising and Analytics Services

We may allow others to provide analytics services and serve advertisements on our behalf across the Internet and in applications. These entities may use cookies, web beacons, device identifiers and other technologies to collect information about your use of the Yachtly Services and other websites and applications, including your IP address, web browser, mobile network information, pages viewed, time spent on pages or in apps, links clicked and conversion information.

These tools allow us to:

• Provide you services that allow you to email or chat with our customer service team

• Perform website analytics

• Improve the advertisements you see

• Prevent fraud and prevent attacks against our Platform and the Yachtly Services

• Advertise the Yachtly Services, and additional products and services from our Financial Partners

• We use cookies and trackers to assign you a unique identifier so we can record:

o Websites you visit

o Length of time the advertisement was visible

o IP Address

You can block cookies at any time using your web browser settings or Yachtly Account settings but doing so may limit your browsing experience and your ability to use certain features of the Yachtly Services.

We do not currently respond to “Do Not Track” or DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. For more information about interest-based ads, or to opt out of having your web browsing information used for behavioral advertising purposes, please visit www.aboutads.info/choices.

Yachtly also uses Google Analytics. The following link explains how Google uses data when you use its partners’ websites and applications: www.google.com/policies/privacy/partners/. Your use of Yachtly’s website is evidence of your consent to Yachtly storing and accessing cookies and other information on your computer or phone and Yachtly’s use of Google Analytics in connection with such activities. Please read the information at the link provided so you understand what you are consenting to.

8. International Data Transfers

We will store and process your Personal Data in the United States. If you use the Yachtly Services from outside the United States, you acknowledge we will transfer your Personal Data to, and store your Personal Data in, the United States, which may have different data protection rules than in your country, and Personal Data may become accessible as permitted by law in the United States, including to law enforcement and/or national security authorities in the United States.

9. Security

We are committed to protecting the privacy and confidentiality of your Personal Data. We limit access to your Personal Data to our authorized employees or agents and we contractually require our business partners and service providers to limit their use of your Personal Data. We also maintain physical, technical, and administrative safeguards to protect your Personal Data against loss, misuse, damage or modification, and unauthorized access or disclosure.

10. Your Choices

9.1 Account Information

You may update, correct or delete information about you at any time emailing us at support@goyachtly.com. In our reply, and only if applicable, we will also provide the email address of any Financial Partners with whom we have shared KCY or KYB data. If you wish to delete your account, please email us at support@goyachtly.com, but note that we may retain certain information as required by law or for legitimate business purposes. We may also retain cached or archived copies of information about you for a certain period of time.

9.2 Mobile Push Notifications/Alerts

With your consent, we may send promotional and non-promotional push notifications or alerts to your mobile device. You can deactivate these messages at any time by changing the notification settings on your mobile device.

11. Children’s Privacy

The Yachtly Platform is not intended for children. We do not knowingly collect, use, sell, or share any Personal Data from anyone under the age of 16. If we become aware that a child under the age 16 has provide Personal Data to us, we will delete it.

12. Social Sharing Features

The Yachtly Platform may include social media features, such as the Facebook "Like" or "Share" buttons. These features may collect your IP address and which pages or features you are using or visiting on the Yachtly Platform and may set a cookie to enable the feature to function properly. Social media features are either hosted by a third-party or hosted by us. Your interactions with these features are governed by the privacy policy of the company providing them. We do not control, and we take no responsibility for the use of your Personal Data by these third-party sites.

13. Third-Party Links

The Yachtly Platform may contain links to other websites or apps. Your access to and use of such linked sites is not governed by this Privacy Policy but, instead, is governed by the privacy policies of those third-party websites. We are not responsible for the Personal Data practices of such third-party websites. Please review the privacy policies of such sites before you disclose your Personal Data to them.

14. Changes to this Privacy Policy

We may change this Privacy Policy from time to time to reflect changes in our practices concerning the collection, use, and sharing of Personal Data. The revised Privacy Policy will be effective immediately upon posting to the Yachtly website, by notification through your Yachtly Account. If you continue to use the Yachtly Platform after we make changes then you will be deemed to have agreed to the changes, so please check this Privacy Policy periodically for updates.

15. Contact Us

If you have any questions about this Privacy Policy, please contact us at: support@goyachtly.com.