Privacy Policy

Privacy Policy

Cove Charters USER PRIVACY STATEMENT

Cove Charters collects information about you when you use our mobile applications, websites, and other online products and services (collectively, the “Services”) and through other interactions and communications you have with us. For persons residing in the United States, the Services are provided by Cove Charters Boating, LLC and its U.S. affiliates (hereinafter “Cove Charters” or “we”).

  1. Scope and application. This Cove Charters User Privacy Statement (“Statement”) applies to User and any other persons that use the Cove Charters platform under license (collectively “Users,” or individually “you”) and who resides in the United States. This Statement does not apply to Users who reside outside the United States.
  2. Collection of Information. Cove Charters may collect personal information from or about you when you create an account for, and use, the Cove Charters Services, including location data, which information may be stored, processed, and/or accessed by Cove Charters, as well as its service providers, for business purposes, including for marketing, lead generation, service development and improvement, analytics, industry and market research, and such other purposes consistent with Cove Charters’s and its Affiliates’ legitimate business needs. By submitting information to Cove Charters during the account creation process and/or by using the Services, you consent to such collection and use of personal data.
  3. Disclosure of User Information to Third Parties. Subject to all applicable laws, Cove Charters may provide to a third party any information (including personal data and any Cove Charters Data) about Users provided hereunder if: (a) there is a complaint, dispute or conflict, including an accident, relating to a User; (b) it is necessary to enforce the terms of any agreement that results from User’s use of Cove Charters’s services; (c) it is required, in Cove Charters’s sole discretion, by applicable law, regulation, ordinance, license, or operating agreement; (d) it is necessary, in Cove Charters’s sole discretion, to protect the safety, rights, property, or security of Cove Charters, the Cove Charters Services, or any third party; to detect, prevent or otherwise address fraud, security or technical issues; and/or to prevent or stop activity which Cove Charters, in its sole discretion, considers to be, or to pose a risk of being, illegal, unethical, or legally actionable.
  4. Location-Based Services Consent. User hereby expressly consents to Cove Charters’s use of location-based services and expressly waive and release Cove Charters from any and all liability, claims, causes of action or damages arising from your use of the Cove Charters Services, or in any way relating to the use of the precise location and other location-based services. When you use the Services we collect precise location data about the USer from the Cove Charters app used by the User. If you permit the Cove Charters app to access location services through the permission system used by your mobile operating system (“platform”), we may also collect the precise location of your device when the app is running in the foreground or background. We may also derive your approximate location from your IP address.
  5. Contacts Information. If you permit the Cove Charters app to access the address book on your device through the permission system used by your mobile platform, we may access and store names and contact information from your address book to facilitate social interactions through our Services and for other purposes described in this Statement or at the time of consent or collection.
  6. Transaction Information. We collect transaction details related to your use of our Services, including the type of service requested, date and time the service was provided, amount charged, distance traveled, and other related transaction details. Additionally, if someone uses a promo code, we may associate your name with that person.
  7. Usage and Preference Information. We collect information about how you and site visitors interact with our Services, preferences expressed, and settings chosen. In some cases, we do this through the use of cookies, pixel tags, and similar technologies that create and maintain unique identifiers. To learn more about these technologies, please see our Cookie Statement.
  8. Device Information. We may collect information about your mobile device, including, for example, the hardware model, operating system and version, software and file names and versions, preferred language, unique device identifier, advertising identifiers, serial number, device motion information, and mobile network information.
  9. Call and SMS Data. Our Services facilitate communications between User and other users. In connection with facilitating this service, we receive call data, including the date and time of the call or SMS message, the parties’ phone numbers, and the content of the SMS message.
  10. Log Information. When you interact with the Services, we collect server logs, which may include information like device IP address, access dates and times, app features or pages viewed, app crashes and other system activity, type of browser, and the third-party site or service you were using before interacting with our Services.
  11. Important Information About Platform Permissions. Most mobile platforms (iOS, Android, etc.) have defined certain types of device data that apps cannot access without your consent. And these platforms have different permission systems for obtaining your consent. The iOS platform will alert you the first time the Cove Charters app wants permission to access certain types of data and will let you consent (or not consent) to that request. Android devices will notify you of the permissions that the Cove Charters app seeks before you first use the app, and your use of the app constitutes your consent. To learn about the platform-level permissions that the app seeks, please visit our new iOS Permissions page and Android Permissions page. Sometimes these permissions require more explanation than the platforms themselves provide, and the permissions we request will change over time, so we’ve created these pages to serve as authoritative and up-to-date resources for our users.
  12. Information We Collect From Other Sources. We may also receive information from other sources and combine that with information we collect through our Services. For example: If you choose to link, create, or log in to your Cove Charters account with a payment provider (e.g., Google Wallet) or social media service (e.g., Facebook), or if you engage with a separate app or website that uses our API (or whose API we use), we may receive information about you or your connections from that site or app. When you request on demand services, our users may provide us with a User rating after providing services to you. If you also interact with our Services in another capacity, for instance as a user of other apps we provide, we may combine or associate that information with information we have collected from you in your capacity as a User or rider.
  13. Use of Information. We may also receive information from other sources and combine that with information we collect through our Services. For example: To provide, maintain, and improve our Services, including, for example, to facilitate payments, send receipts, provide products and services you request (and send related information), develop new features, provide customer support to Users and Users, develop safety features, authenticate users, and send product updates and administrative messages; Perform internal operations, including, for example, to prevent fraud and abuse of our Services; to troubleshoot software bugs and operational problems; to conduct data analysis, testing, and research; and to monitor and analyze usage and activity trends; Send or facilitate communications (i) between you and a User, such as estimated times of arrival (ETAs), or (ii) between you and a contact of yours at your direction in connection with your use of certain features, such as referrals, invites, split fare requests, or ETA sharing; Send you communications we think will be of interest to you, including information about products, services, promotions, news, and events of Cove Charters and other companies, where permissible and according to local applicable laws; and to process contest, sweepstake, or other promotion entries and fulfill any related awards; Personalize and improve the Services, including to provide or recommend features, content, social connections, referrals, and advertisements. We may transfer the information described in this Statement to, and process and store it in, the United States and other countries, some of which may have fewer protective data protection laws than the region in which you reside. Where this is the case, we will take appropriate measures to protect your personal information in accordance with this Statement.
  14. Sharing of Information. We may share the information we collect about you as described in this Statement or as described at the time of collection or sharing, including as follows: (i) With Users to enable them to provide the Services you request. For example, we share your name, photo (if you provide one), average user rating given by users, and pickup and/or drop-off locations with users; (ii) with third parties to provide you a service you requested through a partnership or promotional offering made by a third party or us; (iii) with the general public if you submit content in a public forum, such as blog comments, social media posts, or other features of our Services that are viewable by the general public; and (iv) with third parties with whom you choose to let us share information, for example other apps or websites that integrate with our API or Services, or those with an API or Service with which we integrate. We may further share your information with Cove Charters subsidiaries and affiliated entities that provide services or conduct data processing on our behalf, or for data centralization and/or logistics purposes; with vendors, consultants, marketing partners, and other service providers who need access to such information to carry out work on our behalf; in response to a request for information by a competent authority if we believe disclosure is in accordance with, or is otherwise required by, any applicable law, regulation, or legal process; with law enforcement officials, government authorities, or other third parties if we believe your actions are inconsistent with our user agreements, Terms of Service, or policies, or to protect the rights, property, or safety of Cove Charters or others; in connection with, or during negotiations of, any merger, sale of company assets, consolidation or restructuring, financing, or acquisition of all or a portion of our business by or into another company; if we otherwise notify you and you consent to the sharing; and in an aggregated and/or anonymized form which cannot reasonably be used to identify you.
  15. Social Sharing Features. The Services may integrate with social sharing features and other related tools which let you share actions you take on our Services with other apps, sites, or media, and vice versa. Users use of such features enables the sharing of information with your friends or the public, depending on the settings you establish with the social sharing service. Please refer to the privacy policies of those social sharing services for more information about how they handle the data you provide to or share through them.
  16. Analytics and Advertising Services Provided by Others. We may allow others to provide audience measurement and analytics services for us, to serve advertisements on our behalf across the Internet, and to track and report on the performance of those advertisements. These entities may use cookies, web beacons, SDKs, and other technologies to identify your device when you visit our site and use our Services, as well as when you visit other online sites and services. For more information about these technologies and service providers, please refer to our Cookie Statement.
  17. Users Choices.
    1. Account Information. User may correct your account information at any time by logging into your online or in-app account. If you wish to cancel your account, please follow instructions in the app. Please note that in some cases we may retain certain information about you as required by law, or for legitimate business purposes to the extent permitted by law. For instance, if you have a standing credit or debt on your account, or if we believe you have committed fraud or violated our Terms, we may seek to resolve the issue before deleting your information.
    2. Access Rights. Cove Charters will comply with individual’s requests regarding access, correction, and/or deletion of the personal data it stores in accordance with applicable law.
    3. Location Information. We request permission for our app’s collection of precise location from your device per the permission system used by your mobile operating system. If you initially permit the collection of this information, you can later disable it by changing the location settings on your mobile device. However, this will limit your ability to use certain features of our Services. Additionally, disabling our app’s collection of precise location from your device will not limit our ability to collect your trip location information from a User’s device nor our ability to derive approximate location from your IP address.
    4. Contact Information. We may also seek permission for our app’s collection and syncing of contact information from your device per the permission system used by your mobile operating system. If you initially permit the collection of this information, iOS users can later disable it by changing the contacts settings on your mobile device. The Android platform does not provide such a setting.
    5. Promotional Communications. User may opt out of receiving promotional messages from us by following the instructions in those messages. If you opt out, we may still send you non-promotional communications, such as those about your account, about Services you have requested, or our ongoing business relations.
    6. Users California Privacy Rights. California law permits residents of California to request certain details about how their information is shared with third parties for direct marketing purposes. Cove Charters does not share your personally identifiable information with third parties for the third parties’ direct marketing purposes unless you provide us with consent to do so.
    7. Cookies and Advertising. Please refer to our Cookie Statement below for more information about your choices around cookies and related technologies.
    8. Cookies Statement. A cookie is a small text file that a website sends to a visitor’s browser and that sends back information each time the visitor makes a request from the website. A cookie contains a unique identification number that identifies the visitor’s browser, but not necessarily the visitor. Cookies can be accepted, rejected, or identified by configuring a browser’s preferences or settings. Pixel tags or clear gifs are tiny graphics with a unique identifier that are embedded invisibly on a webpage and are used to track a visitor’s movements on a website. We use the information gathered by clear gifs to help us better manage content on the Site. Cookies and pixel tags are used to help recognize a returning visitor, and to help customize the visitor’s online experience. Unless a visitor specifically informs us of his/her identity (e.g., by registering with us), we will not know who the individual visitor is. Our site uses cookies as follows: (i) to collect Session Data and other session information; (ii) to process orders and to store order and shopping cart information; (iii) to store and hash usernames and passwords so that users do not have to re-enter this information each time they log in; and (iv) to collect analytics relating to visitors’ use of the Site.
  1. Changes to the Statement. We may change this Statement from time to time. If we make significant changes in the way we treat your personal information, or to the Statement, we will provide you notice through the Services or by some other means, such as email. Users continued use of the Services after such notice constitutes your consent to the changes. We encourage you to periodically review the Statement for the latest information on our privacy practices.

WAIVER, RELEASE AND INDEMNIFICATION THIS WAIVER, RELEASE AND INDEMNIFICATION (this “Release”) is made as of [insert] (the “Effective Date”) by and between Cove Charters Boating, LLC (“Cove Charters”) and [insert], an individual (“Owner”). BACKGROUND: 1. Cove Charters provides an online platform and mobile application that connects Cove Charters customers with (i) privately available vessels for charter (“Yachts”) pursuant to bareboat charter agreements; and (ii) U.S. Coast Guard (“USCG”) licensed captains available for such bareboat charters (all of the foregoing, including without limitation if applicable, Owner’s rights and obligations under that certain Bareboat Charter Facilitation Agreement dated as of even date herewith by and between Cove Charters and Owner, is referred to herein as the “Services”). 2. Reference is made to those certain “Terms of Service” agreed to by Owner regarding the terms and conditions of Owner’s use of the Services. TERMS AND CONDITIONS: For the reasons described above, in consideration of the mutual promises and covenants set forth in this Release, and for other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, Cove Charters and Owner hereby agree as follows: 1. In consideration of Cove Charters permitting Owner to utilize the Services, Owner, and to the full extent allowed by law, on behalf of him or herself, his or her spouse, children/wards and guests (the “Owner Parties”), does hereby release, waive and discharge Cove Charters of and from any and all manner of action or actions, cause or causes of action, in law or in equity, suits, debts, liens, contracts, agreements, promises, covenants, obligations, liabilities, claims, demands, losses, damages, costs or expenses, including but not limited to court costs and attorneys’ fees (including reasonable attorneys’ and paralegals’ fees and costs incurred before and at trial, at all tribunal levels, whether or not suit is instituted, and at arbitration and in establishing this right to indemnification), of any nature whatsoever, whether or not now known, claimed or suspected, fixed or contingent (hereinafter collectively referred to as “Claims”) which the Owner Parties may have, or which may hereafter accrue to the Owner Parties, as a result of Owner’s, and to the full extent allowed by law, the Owner Parties’ use of the Services. This Release is intended to discharge in advance Cove Charters, its members, officers, employees and agents (“Cove Charters Parties”) from any and all liability arising out of or connected in any way with the Owner Parties’ use of the Services and/or participation in the Bareboat Charter Facilitation Agreement even though that liability may arise out of negligence or carelessness on the part of the Cove Charters Parties. 2. Owner’s receipt of the Services involves known and unknown RISKS associated with boat chartering. Owner, and to the full extent allowed by law on behalf of the Owner Parties, hereby agree to fully accept and assume all such RISKS and all responsibility for losses, costs and damages the Owner Parties incur as a result of the Owner and the Owner Parties receipt of the Services and/or participation in the Yacht Membership Club. 3. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE Cove Charters PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM OWNER’S, AND TO THE FULL EXTENT ALLOWED BY LAW THE OWNER PARTIES’ USE OF THE SERVICES. THE LIMITATIONS OF THIS SECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT Cove Charters HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. 4. The Owner, and to the full extent allowed by law, the Owner Parties, and each of them, hereby indemnifies, defends, and holds harmless the Cove Charters Parties from, against and in respect of any and all direct and/or indirect Claims asserted against or suffered or incurred by the Cove Charters Parties to the extent directly or indirectly under, caused, resulting from or in connection with the Owner’s, and to the full extent allowed by law the Owner Parties’ use of the Services, even if such claims arise out of or in connection with the negligence of the Cove Charters Parties. 5. The release provided in Section 1 and the indemnification provision in Section 4 shall not apply in the event of gross negligence or intentional misconduct by any Cove Charters Party or in the event of a breach of Cove Charters’s obligation to ensure that the Yachts are insured as described in Exhibit D to the during all bareback charter operations. 6. The Background above and Terms of Service are incorporated herein by reference. I UNDERSTAND THE RISKS INVOLVED AND ACCEPT THEM IN FULL. I, FOR MYSELF, AND TO THE EXTENT ALLOWED BY LAW, MY SPOUSE, CHILD/WARD AND GUESTS, HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT WE HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.

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