Privacy Policy | YACHTWAVE

This Privacy Policy outlines our practices regarding the collection, use, and disclosure of your information when you use our Service. It also informs you of your privacy rights and how the law protects you. We use your personal data to provide and improve the Service.By using the Service, you agree to the collection and use of information in accordance with this Privacy Policy and our Terms of Use, which govern your use of the Software.

1. Interpretation and Definitions

(a) Interpretation

Words with capitalized initial letters have specific meanings defined under the conditions below. The following definitions apply whether the terms appear in singular or plural.

(b) Definitions

Account: A unique account created for you to access our Service or parts of our Service.
Affiliate: An entity that controls, is controlled by, or is under common control with a party. “Control” means ownership of 50% or more of the shares, equity interest, or other securities entitled to vote for election of directors or other managing authority.
Application: Refers to YACHTWAVE, the software program provided by the Company.
Business: For the purposes of the CCPA (California Consumer Privacy Act), refers to the Company as the legal entity that collects consumers’ personal information and determines the purposes and means of processing consumers’ personal information, or on behalf of which such information is collected.
Company: Refers to Durban Equity Holdings II, LLC, located at 935 N Beneva Rd, Ste 609 PMB 2056, Sarasota, FL 34232. For GDPR purposes, the Company is the Data Controller.
Consumer: For the purposes of the CCPA, refers to a natural person who is a California resident.
Country: Refers to Florida, United States.
Data Controller: For the purposes of the GDPR, refers to the Company as the legal person who determines the purposes and means of processing Personal Data.
Device: Any device that can access the Service, such as a computer, cellphone, or digital tablet.
Global Privacy Control (GPC): We recognize and honor Global Privacy Control (GPC) signals. If your browser or device transmits a GPC signal, we will treat it as a valid request to opt-out of the "sale" or "sharing" of your personal information for targeted advertising purposes across our platforms.
Facebook Fan Page: A public profile named YACHTWAVE, created by the Company on the Facebook social network.
Personal Data: Any information that relates to an identified or identifiable individual. For GDPR purposes, Personal Data includes your name, identification number, location data, online identifier, or other factors specific to your identity. For CCPA purposes, Personal Data includes any information that identifies, relates to, or could be associated with you.
Sale: Under the CCPA, refers to selling, renting, releasing, or otherwise transferring a consumer’s personal information to another business or third party for monetary or other valuable consideration.
Service: Refers to the Application.
Service Provider: Any natural or legal person who processes data on behalf of the Company. This includes third-party companies or individuals employed by the Company to facilitate the Service, provide the Service on behalf of the Company, or assist the Company in analyzing how the Service is used. Under GDPR, Service Providers are considered Data Processors.
Third-party Social Media Service: Any social network website through which a User can log in or create an account to use the Service.
Usage Data: Data collected automatically, either generated by the use of the Service or from the Service infrastructure itself.
You: Refers to the individual accessing or using the Service or the company or legal entity on behalf of which such an individual is accessing or using the Service. Under GDPR, You may be referred to as the Data Subject or the User.

2. Collecting and Using Your Personal Data

(a) Personal Data

While using our Service, we may ask you to provide us with certain personally identifiable information, including but not limited to your email address, first name and last name, and phone number.

(b) Usage Data

Usage Data is collected automatically and may include your device’s IP address, browser type, pages visited, and other diagnostic data. When accessing the Service via a mobile device, we may also collect information such as your device’s unique ID, IP address, operating system, and browser type.

(c) Information Collected While Using the Application

We may collect, with your permission, information regarding your location, pictures, and other data from your device's camera and photo library to provide features of our Service.

(d) Information from Yachting Partners

We may receive personal and vessel data from boat manufacturers, original equipment manufacturers (OEMs), dealers, or brokers (collectively, "Partners") when they establish an account on your behalf. This includes Hull Identification Numbers (HIN), engine specs, and warranty start dates used to pre-populate your digital vessel profile.

3. Use of Your Personal Data

The Company may use your Personal Data for the following purposes:

To provide and maintain our Service.
To manage your Account and registration as a user.
To fulfill contracts, including purchase agreements.
To contact you via email, phone, SMS, or push notifications.
To send you news, special offers, updates, or other marketing communications if you have opted in, either during Registration or by managing your preferences. You may opt out at any time.
To manage your requests.
To deliver targeted advertising based on your interests and location.
For business transfers, such as mergers or sales of assets.
For data analysis, usage trend identification, and service improvement.
To facilitate Partner-supported services: We may share vessel-related Usage Data and User Content (such as maintenance logs, engine hours, and service history) with the manufacturer or broker who provided your account. This allows them to monitor warranty status, provide proactive service alerts, and maintain a digital "pedigree" for the vessel.
With Yachting Partners: We may share vessel-specific maintenance logs and usage data (like engine hours) with the original manufacturer or selling broker to facilitate warranty fulfillment and proactive safety notifications.

We may share your Personal Data with Service Providers, affiliates, business partners, and other users or third-party social media services, or disclose your information in the event of a business transaction or as required by law. For commercial Users, a Data Processing Addendum (DPA) is available upon request and governs our processing of Personal Data on your behalf.

4. Communication Preferences

You may choose to receive promotional communications from us by opting in during Registration or through your account settings. You may opt out of these communications at any time by clicking the unsubscribe link in our emails or updating your communication preferences within the Application. Transactional emails (e.g., service updates, security alerts) may still be sent as necessary.

5. Security of Your Personal Data

The security of your Personal Data is important to us. While no method of transmission over the Internet or method of electronic storage is 100% secure, we implement industry-recognized best practices and controls to protect your information. Our infrastructure providers maintain compliance with several recognized security and privacy standards, including:

SOC 2 Type II and SOC 3 Type II: These certifications validate that robust controls are in place to protect data in accordance with the AICPA’s Trust Services Criteria, covering security, availability, processing integrity, confidentiality, and privacy.
ISO/IEC 27001: Demonstrates a systematic approach to managing sensitive company and customer information with a strong emphasis on risk management and data protection.
Cloud Security Alliance (CSA) STAR Level 1: Reflects adherence to best practices in cloud security and transparency through self-assessment and third-party validation.
APEC CBPR and PRP: Indicates compliance with the Asia-Pacific Economic Cooperation’s frameworks for cross-border data transfers and processor accountability.

These certifications collectively demonstrate our commitment to safeguarding your data with a high standard of care, transparency, and regulatory compliance.

6. Your Rights

You have the right to access, update, and delete your Personal Data. Under GDPR, you may also request correction, object to processing, and request data transfer. Under CCPA, you have the right to request information on the collection, use, and sale of your Personal Data and to opt out of its sale.

If your account is linked to a boat manufacturer or broker, you may also have the right to restrict the sharing of your maintenance and usage data with those Partners through your account settings, though doing so may impact your ability to receive automated warranty or service support.

Automated Decision-Making: You have the right to receive information about the logic involved in our automated systems, such as AI Mechanic®. While these systems provide recommendations rather than "significant legal decisions," we are committed to transparency regarding how your data influences AI-generated outputs.

7. Changes to This Privacy Policy

We may update our Privacy Policy periodically. We will notify you of any changes by posting the new Privacy Policy on this page and notifying you via email or a prominent notice on our Service.

8. Contact Us

If you have any questions about this Privacy Policy, please contact us:

By email: [email protected]
By visiting this page on our website: https://www.yachtwave.com

Privacy Policy | YACHTWAVE®