Legal Information & Disclaimers

We recognize that you may be concerned about our use and disclosure of your Personal Information (as defined below). Your privacy is very important to us, and the following will inform you of the type of information that we may collect from you, and how it is used. By using our website, www.h2oyacht.co (including any mobile optimized version of our site) (the “Website”), you are accepting the practices and policies described in this “Privacy Policy.”

INFORMATION COLLECTION

We may collect, use, store and transfer different kinds of information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with you as a particular consumer or device (your “Personal Information”), which we have grouped into the following categories:

• Identity Data includes your real first and last name, alias, title, date of birth, gender, or unique personal identifier.
• Contact Data includes billing address, servicing address, email address, and telephone numbers.
• Technical Data includes internet protocol (IP) addresses, your browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, sensory data (e.g., audio, electronic, visual, thermal, olfactory or similar information), or other technology on the devices you use to access the Website.
• Usage Data includes information about how you use the Website, products, and services.

Additionally, if you communicate with us regarding our Website or our services, we will collect any information that you provide to us in any such communication.

We may contact you via email in the future to tell you about specials, new products or services, or changes to this Privacy Policy.

INFORMATION USE

We use the Personal Information primarily for our own internal purposes, such as providing, maintaining, evaluating, and improving our services and Website, fulfilling requests for information, and providing customer support.

We have set out below, in a table format, a description of all the ways we plan to use your Personal Information, and which of the legal bases we rely on to do so. We have also identified our legitimate interests where appropriate.

Note that we may process your Personal Information for more than one lawful reason depending on the specific purpose for which we are using your Personal Information. Please contact us if you would like additional information about the specific legal basis on which we are relying to process your Personal Information where more than one reason has been set out below:

• To register you as a new client: (a) Identity, (b) Contact, (c) Profile, (d) Marketing & Communication
• Prequalification for purchase: (a) Identity, (b) Contact
• Evaluation of your creditworthiness: (a) Identity, (b) Contact
• To provide you with a quote for our services: (a) Identity, (b) Contact
• To manage our relationship with you, which includes notifying you about changes to our Privacy Policy or TOS, as well as asking you to take a survey: (a) Identity, (b) Contact, (c) Profile, (d) Marketing and Communications
• To administer and protect our business and the Website, including troubleshooting, data analysis, testing, system maintenance, support, reporting, and hosting of data: (a) Identity, (b) Contact, (c) Technical

SECURITY

We follow generally accepted industry standards to protect the information submitted to us, both during transmission and once we receive it.

If we collect sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a closed lock icon at the bottom of your web browser, or looking for “https” at the beginning of the address of the web page.

While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.

COOKIES

We use “cookies” on this Website. A cookie is a piece of data stored on a site visitor’s hard drive to help us improve your access to our site and identify repeat visitors to our site. For instance, when we use a cookie to identify you, you would not have to log in a password more than once, thereby saving time while on our Website. Cookies can also enable us to track and target the interests of our users to enhance the experience on our Website. Usage of a cookie is in no way linked to any personally identifiable information on our Website.

SHARING

We will not sell or otherwise provide the information we collect to outside third parties for the purpose of direct or indirect mass email marketing.

We will disclose Personal Information and/or an IP address, when required by law or in the good-faith belief that such action is necessary to: (a) Cooperate with the investigations of purported unlawful activities and conform to the edicts of the law or comply with legal process served on our company, (b) Protect and defend the rights or property of our Website and related properties, and (c) Identify persons who may be violating the law, the rights of third parties, or otherwise misusing our Website or its related properties.

Please keep in mind that whenever you voluntarily disclose Personal Information online – for example through e-mail, discussion boards, or elsewhere – that information can be collected and used by others. In short, if you post Personal Information online that is accessible to the public, you may receive unsolicited messages from other parties in return.

Ultimately, you are solely responsible for maintaining the secrecy of your Personal Information. Please be careful and responsible whenever you are online.

LINKS

This Website may contain links to other sites. Please be aware that we are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave our Website and to read the privacy statements of any other site that collects personally identifiable information.

SURVEYS & CONTESTS

From time-to-time our Website may request information via surveys or contests. Participation in these surveys or contests is completely voluntary and you may choose whether or not to participate and therefore disclose this information. Information requested may include contact information (such as name and email address), and demographic information (such as zip code, age). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the use and satisfaction of this Website.

YOUR LEGAL RIGHTS

Under certain circumstances, you have rights under data protection laws in relation to your Personal Information. Please contact us via telephone at 954-256-0100 or via email to info@h2oyacht.co if you would like to:

• Request access to your Personal Information – you will receive a copy of the Personal Information we hold about you, which will allow you to check that we are lawfully processing it. Upon your request, we will provide you the following about our collection and use of your Personal Information over the previous twelve (12) months:The categories of Personal Information we collected about you;The categories of sources for the Personal Information we collected about you;Our business or commercial purpose for collecting or selling your Personal Information;The categories of third parties with whom we share your Personal Information;The specific pieces of Personal Information we collected about you; andIf we sold or disclosed your Personal Information for a business purpose, two separate lists disclosing: (i) sales, identifying the Personal Information categories that each category of recipient purchased; and (ii) disclosures for a business purpose, identifying the Personal Information categories that each category of recipient obtained.
• Request correction of your Personal Information – this enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
• Request erasure of your Personal Information – this enables you to ask us to delete or remove Personal Information where there is no good reason for us to continue processing it. You also have the right to ask us to delete or remove your Personal Information where you have successfully exercised your right to object to processing (see below), where we may have processed your Personal Information unlawfully or where we are required to erase your Personal Information to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request. For example, we may not be able to fulfill your request if retaining the information is necessary for us or our service provider(s) to: Complete the transaction for which we collected your Personal Information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you;Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities;Debug products to identify and repair errors that impair existing intended functionality;Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law;Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent;Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us;Make other internal and lawful uses of that information that are compatible with the context in which you provided it; andFor California residents, comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.);
• Object to the processing of your Personal Information – if we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground, you may object as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your Personal Information for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your Personal Information which override your rights and freedoms.
• Request restriction of processing your Personal Information – this enables you to ask us to suspend the processing of your Personal Information in the following scenarios: (i) if you want us to establish the data’s accuracy; (ii) where our use of the data is unlawful but you do not want us to erase it; (iii) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend a legal claim; or (iv) if you have object to our use of your Personal Information but we need to verify whether we have an overriding legitimate basis to use it.
• Request transfer of your Personal Information – you may request to have your Personal Information transferred to you or to a third party. We will provide to you, or a third party you have chosen, your Personal Information in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
• Withdraw your consent – when we are relying on consent to process your Personal Information, you may withdraw or revoke your consent.
• We may need to request specific information from you to help us confirm your identity and ensure your right to access your Personal Information (or to exercise any of your other rights). This is a security measure to ensure that Personal Information is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

We try to respond to all legitimate requests within one month. Occasionally it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

We do not charge a fee to process or respond to your request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

CALIFORNIA RESIDENTS

If you are a resident of California, you may have certain additional data protection rights regarding the access, rectification, deletion, processing, storage, portability, transfer, and restriction of your Personal Information under the California Consumer Privacy Act of 2018 (the “CCPA”).
In the past twelve (12) months, we have used names and email addresses to create marketing materials that we then email to you using various third-party email distribution applications (for example, Constant Contact).

If you would like to make any of the requests detailed above, only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a request related to your Personal Information. You may also make a request on behalf of your minor child.

You may only make a request for access twice within a 12-month period. The request must: (i) provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Information or an authorized representative; and (ii) describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

Any disclosures we provide will only cover the 12-month period preceding the request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable.

CONSENT

By using this Website, you consent to the collection and use of information as specified above. If we make changes to our Privacy Policy, we will post those changes on this page. Please review this page frequently to remain up-to-date with the information we collect, how we use it, and under what circumstances we disclose it. You must review the new Privacy Policy carefully to make sure you understand our practices and procedures.

If you feel that we are not abiding by this Privacy Policy, you should contact us immediately via telephone at 954-256-0100 or via email at info@h2oyacht.co.

CONTACT FORM – INFORMATION

By entering your information you agree to receive emails, calls and/or SMS messages from our team.

We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of Personal Information is protected and maintained. we may change this Privacy Policy from time to time at our sole discretion.

1. TERMS

By accessing the website at www.h2oyacht.co (including any mobile optimized version of our site) (the “Website”), you are agreeing to be bound by these terms of service (“Terms of Service”) and all applicable laws and regulations. You agree that you are responsible for compliance with any laws that are applicable to your use of the Website. Please carefully review these Terms of Service and the Privacy Policy, and any other terms and conditions that may appear on the Website that govern particular offers or features incorporated herein (together, the “Terms & Conditions”). Such Terms & Conditions govern your use of and access to the Website and any and all content, data and information contained on the Website. If you do not agree with these Terms of Service, you may not use the Website or provide us with any of your Personal Information (as defined in the Privacy Policy). The materials contained in this Website are protected by applicable copyright and trademark law.

2. USE LICENSE

1. We grant you permission to temporarily access the materials (information or software) on our Website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:(a) modify or copy the materials;(b) use the materials for any commercial purpose, or for any public display (commercial or non-commercial);(c) attempt to decompile or reverse engineer any software contained on our Website;(d) remove any copyright or other proprietary notations from the materials; or(e) transfer the materials to another person or “mirror” the materials on any other server.
2. This license shall automatically terminate if you violate any of these restrictions and may be terminated by us at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. DISCLAIMER

1. The materials on our Website are provided on an ‘as is’ basis. We make no warranties, expressed or implied, and hereby disclaim and negate all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
2. Further, we do not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on our Website or otherwise relating to such materials or on any sites linked to this Website.

4. LIMITATIONS

In no event shall we or our services providers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on our Website, even if we or one of our authorized representatives has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. ACCURACY OF MATERIALS

The materials appearing on our Website could include technical, typographical, or photographic errors. We do not warrant that any of the materials on our Website are accurate, complete or current. We may make changes to the materials contained on our Website at any time without notice to you. However, we do not make any commitment to update the materials.

6. LINKS

We have not reviewed all of the sites linked to our Website and are not responsible for the contents of any such linked site. The inclusion of any link does not imply our endorsement of the linked website. Use of any such linked website is at your own risk.

7. MODIFICATIONS

We may revise these Terms of Service for our Website at any time without notice. By using this Website you are agreeing to be bound by the then-current version of these Terms of Service.

8. YOUR REPRESENTATIONS

As a condition of your right to use the Website, you represent that you are of legal age to enter into a binding contract and that you are not a person barred from accessing the Website under the laws of the United States or any other country. You represent and warrant that any information you post or provide to us by means of the Website, including, without limitation, as part of any enrollment or application form or to gain access to the Website, is truthful, accurate, not misleading and offered in good faith.

9. GOVERNING LAW

The Terms and Conditions are governed by and construed in accordance with the laws of Florida, and you irrevocably submit to the exclusive jurisdiction of, and waive any objection to venue in, the courts in that State.

10. COMMENCEMENT OF ACTIONS

Any cause of action or claim you may have with respect to the Website must be commenced within one (1) year after such claim or cause of action arises; otherwise, such cause of action or claim is permanently barred. You acknowledge and agree that this limitation may be shorter than the limitation provided under applicable state law.

11. MISCELLANEOUS

Our failure to act with respect to a breach of the Terms & Conditions by you or others does not constitute a waiver and shall not limit our rights with respect to such breach or any subsequent breaches. Neither the course of conduct between the parties nor trade practice shall act to modify the Terms & Conditions. We may assign our rights and duties hereunder to any party at any time without any notice to you. The Terms & Conditions may not be assigned by you without our prior written consent, which we may withhold or condition in our sole discretion. If any provision of the Terms & Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms & Conditions and shall not affect the validity and enforceability of any remaining provisions. The Terms & Conditions may not be modified except in writing, signed by both parties.

The Terms of Service and our Privacy Policy constitute the sole and entire agreement between you and us regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

H2O Yacht Co markets/sells boating vessels from various brands. All trademarks and registered trademarks mentioned on this website are the property of their respective owners.

H2O Yacht Co uses these trademarks only to accurately describe the products we market/sell and to identify the brands associated with them. Their use does not imply any endorsement, sponsorship, or affiliation with H2O Yacht Co.

Any references to third-party trademarks are purely for descriptive purposes and to benefit the owner, without intent to infringe upon their rights. Lanham Act, Nominative fair use, 15 U.S.C. §1125)(c)(3)(2023).

If you believe that your trademark rights are being violated or have any concerns about the use of trademarks on this website, please contact us immediately.