1. INTRODUCTION
2. INFORMATION WE COLLECT
3. HOW WE USE THE INFORMATION WE COLLECT
4. SHARING & DISCLOSURE
5. OTHER IMPORTANT INFORMATION
6. YOUR RIGHTS
7. OPERATING GLOBALLY & INTERNATIONAL TRANSFERS
8. SECURITY
9. CHANGES TO THIS PRIVACY POLICY
10. CONTACT US
Welcome to Board My Boat were you can easily “book, board and play!” Your trust is paramount to us and we’re committed to protecting the privacy and security of your personal information. The information that’s shared with us helps us to provide a great experience with Board My Boat (and The Company) We have a privacy policy process that is committed to protecting all the personal information we collect and help ensure that personal information is handled properly worldwide. This Privacy Policy describes how we collect, use, process, and disclose your personal information, in conjunction with your access to and use of the Board My Boat Ltd. Platform and the Payment Services. This privacy policy describes our privacy practices for all websites, platforms and services that link to it. Please read the privacy policy on the applicable site.
1.1 Definitions If you see an undefined term in this Privacy Policy (such as “Listing” or “Board My Boat Ltd. Platform”), it has the same definition as in our Terms of Services (“Terms”).1.2 Data Controller When this policy mentions “Board My Boat Ltd.,” “we,” “us,” or “our,” it refers to the Board My Boat Ltd. company that is responsible for your information under this Privacy Policy (the “Data Controller”).
1.3 Applicability to Payments This Privacy Policy also applies to the Payment Services provided to you by Stripe Payments pursuant to the Payments Terms and Conditions (“Payments Terms”). When using the Payment Services, you will also be providing your information, including personal information, to one or more Board My Boat Ltd. Payments entities, which will also be the Data Controller (the "Payments Data Controller") of your information related to the Payment Services, generally depending on your country of residence.
If you change your country of residence, the Data Controller and/or Payments Data Controller will be determined by your new country of residence, from the date on which your country of residence changes. To this end the Data Controller and/or Payment Data Controller that originally collected your personal information will need to transfer such personal information to the new applicable Data Controller and/or Payments Data Controller due to the fact that such transfer is necessary for the performance of the contractual relationship with you. Please Contact Us below for contact details of the Data Controllers and Payments Data Controllers.
There are three general categories of information we collect.
2.1 Information You Give to Us.
2.1.1 Information that is necessary for the use of the Board My Boat Ltd. Platform. We ask for and collect the following personal information about you when you use the Board My Boat Ltd. Platform. This information is necessary for the adequate performance of the contract between you and us and to allow us to comply with our legal obligations. Without it, we may not be able to provide you with all the requested services.
2.1.2 Information you choose to give us. You may choose to provide us with additional personal information in order to obtain a better user experience when using Board My Boat Ltd. Platform. This additional information will be processed based on our legitimate interest or when applicable, your consent.
2.1.3 Information that is necessary for Payment Services Functions. The Payments Data Controller needs to collect the following information necessary for the adequate performance of the contract with you and to comply with applicable law (such as anti-money laundering regulations). Without it, you will not be able to use Payment Services:
2.1.4 We Automatically Collect Information from Your Use of the Board My Boat Ltd. Platform and Payment Services. When you use the Board My Boat Ltd. Platform and the Payment Services, we automatically collect personal information about the services you use and how you use them. This information is necessary for the adequate performance of the contract between you and us, to enable us to comply with legal obligations and given our legitimate interest in being able to provide and improve the functionalities of the Board My Boat Ltd. Platform and Payment Services.
2.1.5 Third-party Information We Collect. Board My Boat Ltd. and Board My Boat Ltd. Payments may collect information, including personal information, that others provide about you when they use the Board My Boat Ltd. Platform and the Payment Services, or obtain information from other sources and combine that with information we collect through the Board My Boat Ltd. Platform and the Payment Services. We do not control, supervise or respond for how the third parties providing your information process your Personal Information, and any information request regarding the disclosure of your personal information to us should be directed to such third parties.
2.2 Children’s (minors) Data. Our websites and applications are not directed to children under 18 and we do not knowingly collect any personal information directly from children under 18. If you believe that we processing the personal information pertaining to a child inappropriately, we take this very seriously and urge you to contact us using the information provided under the “Contact Us” section below.
We may use, store, and process personal information to (1) provide, understand, improve, and develop the Board My Boat Ltd. Platform, (2) create and maintain a trusted and safer environment (such as to comply with our legal obligations and ensure compliance with Board My Boat Ltd. Policies) and (3) provide, personalize, measure, and improve our advertising and marketing.3.1 Provide, Improve, and Develop the Board My Boat Ltd. Platform. We may use the personal information to provide, improve, and develop the Board My Boat Ltd. Platform such as to:
We will process your personal information for the purposes listed in this section given our legitimate interest in undertaking marketing activities to offer you products or services that may be of your interest.3.4 How the Payments Data Controller uses the Personal Information Collected. We may use the personal information as a part of Payment services such as to:
The Payments Data Controller processes this personal information given its legitimate interest in improving the Payment Services and its users’ experience with it, and where it is necessary for the adequate performance of the contract with you and to comply with applicable laws.3.5 SMS Terms for New Zealand for text messaging in the New Zealand, by requesting, joining, agreeing to, enrolling in, signing up for, acknowledging, or otherwise consenting to receive one or more text messages (“Opting In”) or using a Board My Boat Ltd. arrangement in which Board My Boat Ltd. sends (or indicates that it may send, or receives a request that it send) one or more text messages (“Text Message Service”), you accept these SMS Terms for NEW ZEALAND(“SMS Terms”), consent to the handling of your personal information as described in the Board My Boat Ltd. Privacy Policy, and agree to resolve disputes with Board My Boat Ltd. as described in our Terms of Service. Message and data rates may apply. Board My Boat Ltd. will use reasonable commercial efforts to deliver the automated marketing text messages to the number you provide through compatible wireless carriers. Carriers and Board My Boat Ltd. are not liable for delayed or undelivered messages. The short code we use for some Text Message Services may not be supported on all NEW ZEALAND carriers. Opting-In By Opting In to a Text Message Service:
After Opting-In, in addition to the main messages the service offers, you may receive one or more welcome messages or administrative messages, such as (in some cases) a request to confirm your Opt-In. About the Text Message Services and Opting-Out Message and data rates may apply. Unless otherwise noted, Text Message Services send multiple, recurring messages. Board My Boat Ltd. may terminate any Text Message Service or your participation in it at any time with or without notice, including, for example, before you have received any or all messages that you otherwise would have received, but these SMS Terms still will apply. Text "STOP" to any promotional message to Opt-out or if applicable update your “Notification” settings on your Board My Boat Ltd. account. For additional help, text “HELP” in response to a marketing message or contact customer service.3.6 Your Choices You have choices on the promotional messages that you choose to receive.
4.1 Advertising and Social Media; Sharing With Your Consent. Where you have provided consent, we share your information, including personal information, as described at the time of consent, such as when you authorize a third-party application or website to access your Board My Boat Ltd. Account or when you participate in promotional activities conducted by Board My Boat Ltd. partners or third parties. Where permissible according to applicable law we may use certain limited personal information about you, such as your email address, to hash it and to share it with social media platforms, such as Facebook or Google, to generate leads, drive traffic to our websites or otherwise promote our products and services or the Board My Boat Ltd. Platform. These processing activities are based on our legitimate interest in undertaking marketing activities to offer you products or services that may be if your interest. The social media platforms with which we may share your personal information are not controlled or supervised by Board My Boat Ltd. Therefore, any questions regarding how your social media platform service provider processes your personal information should be directed to such provider. Please note that you may, at any time ask Board My Boat Ltd. to cease processing your data for these direct marketing purposes by sending an e-mail to info@boardmyboat.co.nz
4.2 Sharing between Members. To help facilitate bookings or other interactions between Members, we may need to share certain information, including personal information, with other Members, as it is necessary for the adequate performance of the contract between you and us, as follows:
We don’t share your billing and pay-out information with other Members.
4.3 Profiles, Listings, and other Public Information. The Board My Boat Ltd. Platform lets you publish information, including personal information, that is visible to the general public. For example:
Based on our legitimate interest to promote the Board My Boat Ltd. Platform we may display parts of the Board My Boat Ltd. Platform (e.g., your Listing page) on sites operated by Board My Boat Ltd.’s business partners, using technologies such as widgets or APIs. If your Listings are displayed on a partner’s site, information from your public profile page may also be displayed. Information you share publicly on the Board My Boat Ltd. Platform may be indexed through third-party search engines. In some cases, you may opt-out of this feature in your Account settings. If you change your settings or your public-facing content, these search engines may not update their databases. We do not control the practices of third-party search engines, and they may use caches containing your outdated information.
4.4 Additional Services by Hosts. Hosts may need to use third-party services available through the Board My Boat Ltd. Platform to assist with managing their Accommodation or providing additional services requested by you, such as cleaning services or lock providers. Hosts may use features on the Board My Boat Ltd. Platform to share information about the Guest (like check-in and check-out dates, Guest name, Guest phone number) with such third-party service providers for the purposes of coordinating the stay, managing the Accommodation, or providing other services. Hosts are responsible for third-party service providers they use and ensuring those service providers process Guest information securely and in compliance with applicable law including data privacy and data protection laws.
4.5 Compliance with Law, Responding to Legal Requests, Preventing Harm and Protection of our Rights. Board My Boat Ltd. and Board My Boat Ltd. Payments may disclose your information, including personal information, to courts, law enforcement, governmental authorities, tax authorities, or authorized third parties, if and to the extent we are required or permitted to do so by law or if such disclosure is reasonably necessary: (i) to comply with our legal obligations, (ii) to comply with a valid legal request or to respond to claims asserted against Board My Boat Ltd., (iii) to respond to a valid legal request relating to a criminal investigation or alleged or suspected illegal activity or any other activity that may expose us, you, or any other of our users to legal liability (request information on Board My Boat Ltd.’s Law Enforcement Guidelines), (iv) to enforce and administer our Terms of Service, the Payment Terms or other agreements with Members, or (v) to protect the rights, property or personal safety of Board My Boat Ltd., its employees, its Members, or members of the public. For example, if permitted due to the forgoing circumstances, Host tax information may be shared with tax authorities or other governmental agencies. These disclosures may be necessary to comply with our legal obligations, for the protection of your or another person's vital interests or for the purposes of our or a third-party’s legitimate interest in keeping the Board My Boat Ltd. Platform secure, preventing harm or crime, enforcing or defending legal rights, facilitating the collection of taxes and prevention of tax fraud or preventing damage. Where appropriate, we may notify Members about legal requests unless: (i) providing notice is prohibited by the legal process itself, by court order we receive, or by applicable law, or (ii) we believe that providing notice would be futile, ineffective, create a risk of injury or bodily harm to an individual or group, or create or increase a risk of fraud upon Board My Boat Ltd.’s property, its Members and the Board My Boat Ltd. Platform. In instances where we comply with legal requests without notice for these reasons, we may attempt to notify that Member about the request after the fact where appropriate and where we determine in good faith that we are no longer prevented from doing so.
4.6 Service Providers. Board My Boat Ltd. and Board My Boat Ltd. Payments uses a variety of third-party service providers to help us provide services related to the Board My Boat Ltd. Platform and the Payment Services. Service providers may be located inside or outside of the European Economic Area (“EEA”). In particular, our service providers are based in Europe, India, Asia Pacific and North and South America. For example, service providers may help us: (i) verify your identity or authenticate your identification documents, (ii) check information against public databases, (iii) conduct background or police checks, fraud prevention, and risk assessment, (iv) perform product development, maintenance and debugging, (v) allow the provision of the Board My Boat Ltd. Services through third-party platforms and software tools (e.g. through the integration with our APIs), (vi) provide customer service, advertising, or payments services, or (vii) process, handle or assess insurance claims or other similar claims (such as claims under the Board My Boat Ltd. Host Guarantee). These providers have limited access to your personal information to perform these tasks on our behalf and are contractually bound to protect the personal information and only use the personal information in accordance with our instructions. Board My Boat Ltd. and the Board My Boat Ltd. Payments will need to share your information, including personal information, to ensure the adequate performance of our contract with you.
4.7 The "Board My Boat" mobile application collects location data to enable "to insure user safety while out on the water," "Assist user experience on excursion," & "offer end-to-end navigation upon check-in as well as check-out" even when the app is closed or not in use.
4.8 Collection and Remittance of Occupancy Taxes. In jurisdictions where Board My Boat Ltd. facilitates the Collection and Remittance of Occupancy Taxes as described in the “Taxes” section of the Terms of Service, Hosts and Guests, where legally permissible according to applicable law, expressly grant us permission, without further notice, to disclose Hosts’ and Guests’ data and other information relating to them or to their transactions, bookings, Accommodations and Occupancy Taxes to the relevant tax authority, including, but not limited to, the Host’s or Guest’s name, Listing addresses, transaction dates and amounts, tax identification number(s), the amount of taxes received (or due) by Hosts from Guests, and contact information.
4.9 Government Registration. In jurisdictions where Board My Boat Ltd. facilitates or requires a registration, notification, permit, or license application of a Host with a local governmental authority through the Board My Boat Ltd. Platform in accordance with local law, we may share information of participating Hosts with the relevant authority, both during the application process and, if applicable, periodically thereafter, such as the Host’s full name and contact details, Accommodation address, tax identification number, Listing details, and number of nights booked.
4.10 Information Provided to Enterprise Customers. If you have linked your Board My Boat Ltd. Account to the Board My Boat Ltd. Account of a company or other organization (an “Enterprise”), added your work email address, or have a booking facilitated via another party (such as the future employer or other entity) or used a coupon in a similar capacity in connection with an Enterprise (such as using a coupon to pay for an accommodation for an enterprise related event like employment onboarding, orientation, meetings, etc.) through one of our Enterprise products, that Enterprise will have access to your name, contact details, permissions and roles, and other information as required to enable use by you and the Enterprise of such Enterprise products.
4.11 Host Information Provided to Board My Boat Ltd. for Work Customers. If a booking is designated as being for business purposes and made by a Guest affiliated with an Enterprise, and the Enterprise is enrolled in our Board My Boat Ltd. for Work , such as a booking made for business purposes using a coupon provided by an Enterprise, we may disclose information related to the booking to the Enterprise, such as the name of the Host, the Accommodation address, booking dates, pricing, Listing details, and other related information, to the extent necessary for the adequate performance of Board My Boat Ltd.’s contract with the Enterprise and to provide the services. At the request of the Enterprise or the Guest, we may also share this information with third parties engaged by the Enterprise to provide travel management, travel planning, financial reporting, personnel management, crisis management, or other services.
4.12 Guest Information Provided to Board My Boat Ltd. for Work Customers. If you have linked your Board My Boat Ltd. Account with an Enterprise, and you are included on a booking designated as being for business purposes, we may disclose information related to the booking to the Enterprise to the extent necessary for the adequate performance of Board My Boat Ltd.’s contract with the Enterprise. Typically, this includes information related to the booking, such as your name, dates of the booking, number of guests, pricing, Listing details, the Accommodation address, and other related information. At the request of you or your Enterprise, we may also disclose this information to service providers engaged by it, such as companies that provide travel management, financial reporting, personnel management, crisis management, or other services. In the event of a dispute, emergency, or similar situation involving a booking identified as being for business purposes, Board My Boat Ltd. may also share additional relevant information it believes is necessary to safely and quickly address the situation.
4.13 Programs with Managers and Owners. We may share personal information and booking information with charter companies, management companies, and/or property owners to facilitate programs with these partners. For example, guest booking, and personal information may be shared with owners and the Captain of the boat, marina, or shared boat where a host lives and/or the listing is to facilitate hosting services, security, billing, and other services that may be provided.
4.14 Business Transfers. If Board My Boat Ltd. undertakes or is involved in any merger, acquisition, reorganization, sale of assets, bankruptcy, or insolvency event, then we may sell, transfer or share some or all of our assets, including your information in connection with such transaction or in contemplation of such transaction (e.g., due diligence). In this event, we will notify you before your personal information is transferred and becomes subject to a different privacy policy.
4.15 Aggregated Data. We may also share aggregated information (information about our users that we combine together so that it no longer identifies or references an individual user) and other anonymized information for regulatory compliance, industry and market analysis, research, demographic profiling, marketing and advertising, and other business purposes.
If you have any questions or complaints about this Privacy Policy, Partners Policy or Board My Boat Ltd.’s information handling practices, you may email us at the email addresses provided in the relevant sections above or contact us via mail: For persons whose country of residence is within New Zealand: Board My Boat Ltd., Contact Legal Department, Martelli McKegg Street Address: Level 20, HSBC Tower, 188 Quay Street Auckland 1010 Postal Address: Martelli McKegg, PO Box 5745, Victoria Street West, Auckland 1142. Phone:+64 9 379 7333 Fax:+64 9 309 4112 Email: info@martellimckegg.co.nz
Copy Right, Board My Boat Limited 2023. All Rights Reserved.
Board My Boat Limited, NZBN: 9429047054134
101 Pakenham Street West, Auckland CBD, Auckland 1010
Copyright © 2023 BOARD MY BOAT LIMITED. All Rights Reserved.
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