Last Modified: August 1, 2020
This Privacy Policy applies to your use of theafloatapp.com and all related apps and services which we offer to you (the “Services”). All references to “us” (and similar words such as “we” and “our”) mean Afloat Limited Liability Company, a Kansas limited liability company. All references to “you” (and similar words such as “your”) mean the individual using the Services, and if you are using the Services on behalf of a business entity, it means both you and that business.
By using the Services, you are agreeing to this Privacy Policy.
If you are using the Services on behalf of a business entity, then you confirm that you are authorized to use the Services on behalf of that business, and you are agreeing to this Privacy Policy on behalf of both you and that business.
If you do not agree to this Privacy Policy, then you may not use the Services.
INFORMATION WE COLLECT
ANONYMOUS DATA
We may collect (or you may provide to us) information which is not personal in nature and which may not be used to identify you as a specific individual or business (“Anonymous Data”)
PERSONAL DATA
As a result of your use of the Services we may collect (or you may provide to us) the following types of information (“Personal Data”):
- Basic Information: Your name, business name, address, email address, phone number, photos, videos, and similar types of information.
- User Account Information: Usernames, nicknames, passwords, and similar types of information.
- Payment Information: Payment information including credit/debit card numbers, account numbers, and similar types of information.
- Information We Collect Automatically: We may collect information about you automatically, including your IP address, operating system, browser ID, browsing activity, time stamps, site navigation, button clicks, and similar types of information. We may also use and/or collect cookies and other types of data files (such as web beacons and cookie-equivalent technology), some of which may be stored on your computer or electronic device for use when you use the Services
YOUR CONTENT
You may also voluntarily provide Your Content to us (as defined in our Terms of Services).
SENSITIVE PERSONAL DATA
You should not provide us with any sensitive information about you, including for example your racial or ethnic origins, political opinions, religious or philosophical beliefs, trade union membership information, genetic data, biometric data, health data, sex life data, or sexual orientation data.
HOW WE USE YOUR INFORMATION ANONYMOUS DATA
We may use Anonymous Data for any purpose not otherwise prohibited by applicable law, without your consent, without providing notice to you, and without providing compensation to you, including without limitation sharing and selling Anonymous Data to third parties.
PERSONAL DATA
We will not share or sell your Personal Data except as otherwise provided in this Privacy Policy.
We may use your Personal Data as follows:
- Provision and Customization of Services: We may use your Personal Data to provide the Services to you for their intended purposes, as well as to customize and/or enhance your use of the Services. This includes sharing your Personal Data with other people in your public and private groups which you join, but only to the extent you chose to share that Personal Data with those people in those groups. Please note that by submitting an Afloat to a group, or by responding to an Afloat in a group, you will be sharing some of your Personal Data with the other members of those groups.
- Customization of Services: We may use your Personal Data to customize and/or enhance your use of the Services.
- Advertising: We may use your Personal Data to serve more customized ads to you on the Services.
- Communications: We may use your Personal Data to send communications to you, including marketing communications.
- Payments: If you purchase goods or services through our Services, then we may use your Personal Data to process your purchase and payment.
- Sharing with Affiliates & Third Parties: We may share your Personal Data with our affiliates and other third parties to accomplish the purposes outlined in this Privacy Policy and in our Terms of Service. This includes sharing your Personal Data with third party payments processors.
- Retention: We may store and retain your Personal Data for purposes of using it as described in this Privacy Policy. However, we do not have any obligation to store your Personal Data for the benefit of you or any other third party.
- Per our Terms of Service: We may use your Personal Data as provided in our Terms of Service.
YOUR CONTENT
If you upload any content deemed “Your Content” under our Terms of Service, then we may publish and share that content along with your name or username for the purposes of including you in groups which you join in the Services as well as directed by you through the Services (for example, sharing Your Content in an Afloat request).
IMPROVEMENTS TO THE SERVICES
If you share ideas or suggestions with us regarding how to improve or modify our Services, then we may use all of the same without your consent, without providing notice to you, and without providing compensation to you.
COMPLIANCE WITH LEGAL PROCESS
We may use and/or share your Personal Data as follows: (a) to comply with court orders, valid discovery requests, valid subpoenas, and other appropriate legal mechanisms; (b) to respond to lawful requests by public authorities, including to meet national security or law enforcement requirements; (c) to prosecute and defend a court, arbitration, or similar legal proceeding; (d) with our representatives and advisors, including attorneys and accountants; and/or (e) if we have a good faith belief that disclosure is necessary to enforce this Privacy Policy or our Terms of Service or to investigate or prevent illegal or immoral actions.
AGGREGATED DATA
We may aggregate your Personal Data with information we have about other users, individuals, and business, for the purpose of converting your Personal Data into Anonymous Data. Once converted, we may use that information as provided in this Privacy Policy.
YOUR CHOICES REGARDING YOUR INFORMATION
ACCOUNT SETTINGS
Some of the information you provide to us may be changed or deleted by you in your account settings. However, even if you change or delete that information, we may retain previous versions of the information for a reasonable period of time in order to continue providing the Services.
COOKIES & TRACKING DATA
You may restrict our ability to use cookies and certain other types of data files by adjusting the settings on your device or browser.
DELETING YOUR DATA
You may request that we delete your Personal Data from the Services, but we do not have any obligation to honor that request. If you terminate your user account in accordance with our Terms of Service, then we will use reasonable efforts to remove your information from the sections of the Services that allow other users to see and contact you (if any). Also, please note that other users of the Services may be able to access or view your Personal Data to the extent that you shared it with those other users.
RIGHTS UNDER THE EUROPEAN UNION’S GENERAL DATA PROTECTION REGULATION (GDPR)
If you are a “Data Subject” under the GDPR, then in addition to the rights outlined elsewhere in this Privacy Policy, you have the rights outlined in this section. If you have questions about any of these rights or if you would like to exercise any of these rights, please contact us at support@theafloatapp.com. Also, please note that certain portions of the Services will not work for you unless you provide us with your Personal Data.
- You have the right to be informed about what data we collect and how we use it.
- You have the right to request access to your Personal Data.
- You have the right to have us rectify your Personal Data if it is inaccurate or incomplete.
- You have the right to have us erase, remove, or delete, your Personal Data.
- You have the right to restrict our processing of your Personal Data as provided in the GDPR.
- You have the right to data portability with respect to your Personal Data.
- You have the right to object to certain uses of your Personal Data as provided in the GDPR.
- You have the right to lodge a complaint with a supervisory authority that has jurisdiction over issues related to the GDPR.
- To the extent you provided consent to our processing of your Personal Data, you have the right to withdraw that consent at any time. However, such withdrawal will not be effective with respect to lawful processing based upon consent that occurred prior to your withdrawal. (We require only the information that is reasonably required to enter into a contract with you. We will not require you to provide consent for any unnecessary processing as a condition of entering into a contract with us.)
- We will only retain your Personal Data for as long as necessary for the purposes outlined in this Privacy Policy and our Terms of Service.
SECURITY
We will use commercially reasonable efforts to protect your information, especially your personally identifiable information and payment information.
However, since the Internet is not a 100% secure environment, we cannot ensure or warrant the security of any information you transmit to us. Further, it is your responsibility to protect the security of your login information and credentials.
POWER TO AMEND THIS PRIVACY POLICY
This Privacy Policy is effective as of the Last Modified date at the top of this page.
We may amend this Privacy Policy at any time, for any reason, with or without notice to you, and your continued use of the Services after the amended Privacy Policy is posted on our Services will constitute your acknowledgment and agreement to the amended Privacy Policy. However, to the extent the amended Privacy Policy materially alters your rights or obligations in this Privacy Policy, the amended Privacy Policy will become effective upon the earlier of (a) your continued use of the Services with actual knowledge of the amended Privacy Policy; or (b) 30 days after the amended Privacy Policy is posted on the Services.