PowerTime

Privacy

Introduction

The PowerTime Group, LLC (the “Company,” “PowerTime” or “We”) respect your privacy and are committed to protecting it through our compliance with this policy (this “Privacy Policy”).

This Privacy Policy describes the types of information we may collect from you or that you may provide when you visit any PowerTime websites (the “Sites”), any PowerTime mobile application(s) (together, the “Apps”), and related services, content, information, functionality, or communications including embark.sailtime.com (collectively referred to as the “Platform”)and our practices for collecting, using, maintaining, protecting, and disclosing that information. Capitalized terms used herein and not otherwise defined having the meanings ascribed to them in the Platform’s Terms & Conditions..

This Privacy Policy applies to information we collect:

On the Platform.
In email, text, alerts, and other electronic messages between you and the Platform.
When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this Privacy Policy.

It does not apply to information collected by:

Us offline or through any other means, including on any other website operated by any third party (including our affiliates and subsidiaries); or
Any third party (including our affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible from or on the Platform.

Please read this Privacy Policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Platform. By accessing or using this Platform, you agree to this Privacy Policy. This Privacy Policy may change from time to time (see Changes to Our Privacy Policy).

Your continued use of this Platform after we make changes is deemed to be acceptance of those changes, so please check the Privacy Policy each time you access the Platform.

Children Under the Age of 18

Our Platform is not intended for children under 18 years of age. No one under age 18 may provide any personal information to or on the Platform. We do not knowingly collect personal information from children under 18. If you are under 18, do not use or provide any information on this Platform or through any of its features, register on the Platform, make any reservations or purchases through the Platform, use any of the Interactive Services of this Platform, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 18 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 18, please contact us at 877-724-5846 or [email protected].

Information We Collect About You and How We Collect It

We collect several types of information from and about users of our Platform, including information:

By which you may be personally identified, such as name, postal address, e-mail address, telephone number, membership information, and other identifiers by which you may be contacted online (“personal information”);
That is about you but individually does not identify you, such as GPS location, reservation and scheduling information; and/or
About your internet connection, the equipment you use to access our Platform, and usage details.

We collect this information:

Directly from you when you provide it to us.
Automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies.

Information We Collect About You and How We Collect It

The information we collect on or through our Platform may include:

Information that you provide by filling in forms on our Platform. This includes information provided at the time of registering to use our Platform, subscribing to our service, posting material or content, or requesting further services. We may also ask you for information when you report a problem with our Platform.
Records and copies of your correspondence (including email addresses), if you contact us.
Details of transactions you carry out through our Platform, including but not limited to reservation details. .
Any information you elect to enter in the Interactive Services of the Platform, including, but not limited to, your Calendar, Sailing Log, Document Library, Photo Gallery, Maintenance Log, and your Contact list.

You also may provide information to be published or displayed (hereinafter, “posted”) on public areas of the Platform, such as the Owner Forum or Member Blog, or transmitted to other users of the Platform or third parties (collectively, along with all information you enter through the Interactive Services, “User Contributions”). Your User Contributions are posted on and transmitted to others at your own risk. Although we limit access to certain pages, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Platform with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.

Information We Collect Through Automatic Data Collection Technologies

As you navigate through and interact with our Platform, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

Details of your visits to our Platform, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Platform.
Information about your computer and internet connection, including your IP address, operating system, and browser type.

We also use these technologies to collect information about your online activities over time and across third-party websites or other online services. See Choices About How We Use and Disclose Your Information for information on how you can opt out of behavioral tracking on our Platform and how we respond to web browser signals and other mechanisms that enable consumers to exercise choice about behavioral tracking.

The information we collect automatically may include personal information, and we may further maintain it or associate it with personal information we collect in other ways or receive from third parties. This automatically collected information helps us to improve our Platform and to deliver a better and more personalized service, including by enabling us to:

Estimate our audience size and usage patterns.
Store information about your preferences, allowing us to customize our Platform according to your individual interests.
Speed up your searches.
Recognize you when you return to our Platform.

The technologies we use for this automatic data collection may include:

A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Platform. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Platform.
Certain features of our Platform may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Platform. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see Choices About How We Use and Disclose Your Information.
Pages of our the Platform and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

Third-Party Use of Cookies and Other Tracking Technologies

Some content or applications on the Platform are served by third-parties, including advertisers, ad networks and servers, content providers, social media sites 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 website. 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 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. For information about how you can opt out of receiving targeted advertising from many providers, see Choices About How We Use and Disclose Your Information.

Disclosure of Your Information

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.

We may disclose personal information that we collect or you provide as described in this Privacy Policy:

To our subsidiaries, franchisees, and affiliates, but only to the extent permitted under our Terms & Conditions.

To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of the Company’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by the Company about our Platform users is among the assets transferred.
To fulfill the purpose for which you provide it.
For any other purpose disclosed by us when you provide the information.
In instances where your consent is required, for any other purpose disclosed by us when you provide the information, with your consent.

We may also disclose your personal information:

To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
To enforce or apply our Terms & Conditions and other agreements, including for billing and collection purposes.
If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

Choices About How We Use and Disclose Your Information

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.

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 Network Advertising Initiative (“NAI“) on the NAI’s website.

Accessing and Correcting Your Information

You can review and change your personal information by logging into the Platform and visiting your account profile page.

You may also send us an email at [email protected] to request access to, correct or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

If you delete your User Contributions from the Platform, copies of your User Contributions may remain viewable in cached and archived pages, or might have been copied or stored by other Platform users. Proper access and use of information provided on the Platform, including User Contributions, is governed by our Terms & Conditions.

Residents of Canada

If you are a resident of Canada, please see the “Additional Disclosures for Residents of Canada” section. If you have any questions or wish to exercise your rights and choices, please contact us as set out in the “Contact Us” section.

Nevada Privacy

Nevada laws permit customers in Nevada to opt-out of the sale of certain kinds of personal information. We do not sell your personal information to third parties for monetary consideration to trigger the opt-out requirements under Nevada law.

Data Security

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls. Any payment transactions will be encrypted using SSL technology.

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 Platform, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Platform like message boards. The information you share in public areas may be viewed by any user of the Platform.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Platform. 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 Platform.

Changes to Our Privacy Policy

It is our policy to post any changes we make to our Privacy Policy on this page with a notice that the Privacy Policy has been updated on the Platform home page. If we make material changes to how we treat our users’ personal information, we will notify you by email to the primary email address specified in your account and/or through a notice on the Platform home page. The date the Privacy Policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Platform and this Privacy Policy to check for any changes.

Contact Information

To ask questions or comment about this Privacy Policy and our privacy practices, contact us at:

Additional Disclosures for California Residents

These additional disclosures for California residents apply only to individuals who reside in California. The California Consumer Privacy Act of 2018 (“CCPA”) provides additional rights to know, delete and opt out, and requires business collecting or disclosing personal information to provide notice of rights California residents have and can exercise. Certain terms in this notice are defined by CCPA and their meanings may differ from the meanings applied elsewhere in our website. The meanings of such CCPA defined terms are specific to the content of this notice.

California Notice of Collection. We have collected personal information corresponding to the following categories enumerated in the CCPA, including within the last 12 months.

Identifiers, including name, address, email address, account name, and IP address associated with your account.
Customer records, including phone numbers, billing addresses, credit or debit card information.
Internet activity, including history of visiting and interacting with our Platform, browser type, browser language and other information collected automatically.
Geolocation data, including location enabled services such as WiFi and GPS.

PowerTime does not generally sell information as the term “sell” is traditionally understood. However, to the extent “sale” under the CCPA is interpreted to include any business purposes identified in Section 6 (Disclosure of Your Information), as a “sale,” we will comply with applicable law as to such activity.

PowerTime discloses the following categories of information for business purposes:

Identifiers
Customer records
Demographic information
Internet activity
Location data

We use and partner with different types of entities to assist with our daily operations and manage the Platform. Please review Section 6 for more detail about the parties with which we share personal information.

Your Rights and Choices

Right to Know and Delete. If you are a California resident, you have the right to know certain information about our data practices in the preceding 12 months. In particular, you have the right to request the following from us:

The categories of personal information we have collected about you;
The categories of sources from which the personal information was collected;
The categories of personal information about you we disclosed for a business purpose or sold;
The categories of third parties to whom the personal information was disclosed for a business purpose or sold;
The business or commercial purpose for collecting or selling the personal information; and
The specific pieces of personal information we have collected about you.

Right to Deletion. In addition, you have the right to delete the personal information we have collected from you. However, this is not an absolute right and PowerTime may have legal grounds for keeping such data.

To exercise any of these rights, please submit a request at [insert contact information where CCPA requests should be directed]. In the request, please specify which right you are seeking to exercise and the scope of the request. We will confirm receipt of your request within 10 days. We may require specific information from you to help us verify your identity and process your request. If we are unable to verify your identity, we may deny your requests to know or delete.

Right to Opt-Out. To the extent PowerTime sells your personal information as the term “sell” is defined under the CCPA, you will have the right to opt out of the sale of your personal information by us to third parties at that time. Currently, PowerTime does not sell your personal information as defined under CCPA.

Authorized Agent. You can designate an authorized agent to submit requests on your behalf. However, we will require written proof of the agent’s permission to do so and verify your identity directly.

Right to Non-Discrimination. You have the right to non-discriminatory treatment by us, should you exercise any of your rights.

Shine the Light. Customers who are residents of California may request: a list of the categories of personal information disclosed by us to third parties during the immediately preceding calendar year for those third parties’ own direct marketing purposes, and (ii) a list of the categories of third parties to whom we disclosed such information. Requests must include “California Shine the Light Request” in the first line of the description and include your name, street address, city, state, and ZIP code. We may require additional information from you to allow us to verify your identity and are only required to respond to requests once during any calendar year. To exercise a request, please contact us as set out in the “Contact Us” section.

Residents of the European Economic Area (EEA)

Interest-Based Advertising in the EEA. For more information about interest-based ads, or to opt out of having your web-browsing information used for behavioral advertising purposes, please visit http://youronlinechoices.eu/.

Additional Disclosures for Residents of the EEA

Transfer Of Data. We and our affiliates and third-party agents primarily store data about you, including personal information, on servers located and operated within the United States. If you reside or are located outside of the U.S., we may transfer, store, and process your personal information (also referred to as personal data under the General Data Protection Regulation) to the U.S. in order to provide and operate the Platform. Whenever your personal data is transferred outside of the EEA, we undertake to ensure an adequate level of protection is afforded to it, either by us, our affiliates, and/or third-party agents, in accordance with applicable EEA data protection law.

Your Rights. You have the following rights under certain circumstances:

A right of access: you have the right to obtain confirmation as to whether personal data concerning you are processed or not and, if processed, to obtain access to such data and a copy thereof;
A right to rectification: you have the right to obtain the rectification of any inaccurate personal data concerning you. You also have the right to have incomplete personal data completed, including by means of providing a supplementary statement;
A right to erasure: in some cases, you have the right to obtain the erasure of personal data concerning you. However, this is not an absolute right and PowerTime may have legal or legitimate grounds for keeping such data;
A right to restriction of processing: in some cases, you have the right to restrict the processing of your personal data;
A right to data portability: you have the right to receive the personal data concerning you which you have provided to PowerTime, in a structured, commonly used, and machine-readable format, and you have the right to transmit those data to another controller without hindrance from us. This right only applies when the processing of your personal data is based on your consent or on a contract and such processing is carried out by automated means.
A right to object to processing: you have the right to object at any time, on grounds relating to your particular situation, to the processing of personal data concerning you when such processing is based on the legitimate interest of PowerTime. PowerTime may, however, invoke compelling legitimate grounds for continued processing. When your personal data are processed for direct marketing purposes, you have the right to object at any time to the processing of such data.
A right to lodge a complaint with the supervisory authority: if your request or concern is not satisfactorily resolved by us, you may approach your local data protection authority.

You can exercise your rights by contacting us at:

Additional Disclosures for Residents of Canada

Transfer Of Data. We and our affiliates and third-party agents primarily store data about you, including personal information, on servers located and operated within the United States. If you reside or are located outside of the U.S., we may send and store your personal information (also commonly referred to as personal data) to the U.S. in order to provide and operate the Platform. By accepting the terms of this Privacy Policy, you acknowledge the transfer to and processing of your personal information on servers located in the U.S.

Interest-Based Advertising in Canada. For more information about interest-based ads, or to opt out of having your web-browsing information used for behavioral advertising purposes, please visit https://youradchoices.ca/en/tools. To learn more about interest-based advertising in mobile apps and to opt-out of this type of advertising by third-party advertising companies that participate in the DAAC’s AppChoices tool, please download the version of AppChoices for your device at https://youradchoices.ca/en/tools.

The Canadian Personal Information Protection and Electronic Documents Act (PIPEDA).

PIPEDA provides certain rights to Canadian residents. Under Canadian law, you have a right to access your personal information held by us, subject to applicable exceptions. You may contact us or write to us at the address below to ask us to access and/or correct your information. We may require you to send us proof of your identity before providing you with access to your personal information. If you send us a request to access or correct information, then we will contact you within 30 days (although it may take us longer to fully respond to your request).

Our Privacy Policy clearly states how we collect, use and share your personal information. Please contact us at any time to let us know (1) if you do not wish to receive marketing communications (such as emails) from us, or you otherwise object to our sharing your information as disclosed in this Privacy Policy, (2) if you have any questions, or complaints, regarding the collection or use of your personal information or the content of this notice, or (3) if you wish to withdraw your consent to us using your data.

If you are not satisfied with our response to your query or complaint, you may also contact the Office of the Information and Privacy Commissioner of Canada.