Terms of Use

Effective date: [ ● ], 2019

LBFG Solutions Inc., a corporation doing business under the name “Boatmeet” (“BOATMEET” “us”, “we”, or “our”) operates the BoatMeet mobile application (the “Mobile Application”) and the BoatMeet website accessible online at www.boatmeet.com (the “Website” and collectively with the Mobile Application, the “Services”) for the use of the nautical community. For the purpose of this policy (the “Privacy Policy”) we are the Data Controller of your Personal Data.

You may reach us at:

LBFG Solutions Inc.
Data Protection Officer
Luc Boisvert

1228, Du Rivage Road.
Saint-Antoine-sur-Richelieu, Quebec, J0L 1R0, Canada
Tel.: (514) 212-9181
Email: admin@lbfgsolutions.com

This Privacy Policy informs you of our policies regarding the collection, use, disclosure and any other processing of Personal Data when you use our Services and the choices you have made associated with that data.

1. Definitions

“Personal Data” means any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

“Cookies” are small pieces of data stored on a User’s device such as beacons, tags, and scripts. They contain small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. We treat Cookies as Personal Data, even if in certain cases the Cookies that we process cannot be use to identify you.

“Data Controller” means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of Personal Data.

“Data Processor” (or “Service Providers”) means a natural or legal person, public authority, agency or other body which processes Personal Data on behalf of the Data Controller (other than its own employees).

“Data Subject” means any natural person who is the subject of Personal Data.

“User” means the natural person using our Services. The User corresponds to the Data Subject, who is the subject of Personal Data.

2. Sources of Personal Data

We process the Personal Data that originated from the creation of your account and from your use of the Services, including the portion of the Services that is publicly accessible and the one that requires the creation of an account to access.

3. Purposes of Processing and Legal Basis

Among the data we process, we process the following types of Personal Data for the following purposes to provide our Services to you and improve it.

3.1     Account Information. To use our Services, you need to create an account using your email address, name and a password of your choice. You may also elect to use our Services by connecting through your Facebook account and related password.

(a)     Purposes and Legal Basis. We process your email address, name and a password because you need to use them to sign in and to connect to your account. The legal basis to this processing is our legitimate interest to identify you as User of the Services and to protect your account’s security.

We also process your email address:

  1. when you use our customer support. The legal basis for this processing is our legitimate interest to recognise you and to provide a personalized customer support;
  2. to communicate with you. The legal basis to this processing is our legitimate interest in providing you with important safety or other important information regarding the Services or changes in this Privacy Policy, or simply providing the information you have requested the Services to provide;
  3. to provide you with marketing information about us or the Services from our part. However, you will only receive such marketing information from us if you have subscribed to our marketing mailing list. The legal basis to this processing is your consent. You may withdraw you consent at any time by changing your preferences in your account or by the unsubscribe link at the bottom of our marketing emails. The content of some of the marketing email you may receive from us is determined by your Cookies. The legal basis to this processing is our legitimate interest in reducing the number of marketing emails sent to our Users by automatically selecting content that may be more adapted to you instead of sending all our marketing emails to all our Users who has consented to receiving marketing emails. Note that if you do not whish that we process your Cookies for that purpose, you may withdraw you consent receive such marketing email at any time by changing your preferences in your account or by the unsubscribe link at the bottom of our marketing emails, and we will cease to process your Cookies for that purpose.

3.2     Tracking Cookies Data. Subject to your prior consent, we process Cookies to track the activity on our Services and hold certain information to improve the Services and improve your overall experience when using the Services.

Examples of Cookies we use:

  1. Session Cookies. We use Session Cookies to operate our Services.
  2. Preference Cookies. We use Preference Cookies to remember your preferences and various settings.
  3. Security Cookies. We use Security Cookies for security purposes.

(a)     Purposes and Legal Basis. In particular, if we have obtained your prior consent to do so, we will process your Cookies, with the assistance of third-party analytics services (see Section 4.1 for details regarding such third-party analytics services), to (i) analyse the way you navigate the Services, (ii) generate statistics about the use of the Services, (iii) help diagnose problems with the Services and (iv) help administer the Services. You will be invited to accept or decline the processing of your Cookies when you access our Services. The legal basis to this processing is you consent. You may withdraw you consent at any time by changing your preferences in your account or manage your Cookie preferences on the Services.

WARNING: If you delete your Cookies in your browser, you will be asked again to accept or decline the processing of your Cookies. There are browser plugins to help you preserve your-opt out Cookies. For more information, please visit http://www.aboutads.info/PMC or https://youradchoices.ca/choices/protect-my-choices/.

3.3     Geolocation Data. Important features of the Mobile Application require the processing of your geolocation Personal Data that we collect through geolocation technologies embedded into your device (smartphone or tablet).

We will process information about your location only if you have activated such feature. However, if those features are not activated, the usefulness of the Mobile Application will be greatly diminished.

(a)     Purpose and Legal Basis. Your geolocation Personal Data could therefore be processed to:

  1. provide you the “SOS Alert” feature.  In this case the Mobile Application will send your current location and, for a period of time of your choice after activating the SOS Alert, keep other users informed as soon as your location changes.
  2.  optimize your experience on the Mobile Application by proposing services or products of third parties near your location or letting other know you location when you whish to be located by such other person trough the Mobile Application.The legal basis to such processing is your consent. You may withdraw you consent at any time by changing your preferences in your account.

3.4     Image Data. We process the image data (pictures or videos) that you elect to share with other users pursuant to the features available through the Mobile Application. By using these features on the Mobile Application, you hereby certify that you either (i) have a legal right to access, possess or share such image data; or (ii) you have obtained, prior to sharing, the consent of all natural person whose images are to be shared on the Mobile Application (in such case, you will not share with other users the images of any natural person under the age of 18 years old).

(a)     Purposes and legal basis. We process image data in order to offer the features provided through the Mobile Application, namely to allow you to share pictures and videos. The legal basis for this processing is the performance of the agreement between you and BOATMEET to provide you such service.

3.5     Text Data. We process the text data that you elect to share with other users pursuant to the features available through the Mobile Application.

(a)     Purposes and legal basis. We process text data in order to offer the features provided through the Mobile Application, namely to allow you to interact and exchange with other users. The legal basis for this processing is the performance of the agreement between you and BOATMEET to provide you such service.

4. Recipients or Categories of Recipients of Personal Data

We employ third party Services providers and individuals to facilitate certain processing of your Personal Data to provide the Services on our behalf, to perform Services-related services or to assist us in analyzing how our Services are used.

These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

More precisely, here are the recipients or categories of recipients to whom we may transfer your Personal Data.

4.1     Third-party Services. We use the following Data Processor to process your Cookies:

4.2     Third-party Cloud Servers. We use the following Data Processor to store and otherwise process your Personal Data on their servers:

4.3     Third-party Mail Services. We use the following Data Processor to process your email address to send you emails:

  • Wildbit, LLC. (Postmark). We invite you to consult its privacy policy that you may find by clicking this hyperlink or by visiting its Web site: https://wildbit.com/privacy-policy.

4.4     Business Transaction. If BOATMEET is involved in a merger, acquisition or asset sale, your Personal Data may be transferred to such merging entity or purchaser if (i) such assignee is compliant with all legislations regarding Personal Data that apply to you (ii) respect all consent or refusal or withdrawal of consent to process your Personal Date and (iii) is taking the same or better means to protect your Personal Data than our. We will provide notice before your Personal Data is transferred and becomes subject to a different Privacy Policy and be allowed to object to processing of your Personal Data.

4.5     Disclosure for Law Enforcement. Under certain circumstances, BOATMEET may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

4.6     Legal Requirements. BOATMEET may disclose your Personal Data in the good faith belief that such action is necessary to:
(a)     To comply with a legal obligation;
(b)     To protect and defend the rights or property of BOATMEET;
(c)     To prevent or investigate possible wrongdoing in connection with the Services;
(d)     To protect the personal safety of users of the Services or the public;
(e)     To protect BOATMEET against legal liability.

5. Transfer of Personal Data to a Third Country

We process your Personal Data on the servers of our cloud service providers mentioned in Section 4.2 above which are located in Canada. Therefore, your information, including Personal Data, may be processed on — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction of residence.

Accordingly, your Personal Data will be processed in Canada, except for the following type of Personal Data that will be processed according to the privacy policy of our following Data Processors:

 

(a)     UK. Openweather Ltd. (OpenWeatherMap) has its principal establishment located in the United Kingdom. We invite you to consult its privacy policy that you may find by clicking this hyperlink or by visiting its Web site: https://openweathermap.org/privacy-policy to understand how and where it may process your Personal Data;

(b)     USA. Google LLC (Google Maps) has its principal establishment located in the United States of America. We invite you to consult its privacy policy that you may find by clicking this hyperlink or by visiting its Web site: https://policies.google.com/privacy?hl=en to understand how and where it may process your Personal Data.

(c)     USA. Wildbit, LLC. (Postmark). has its principal establishment located in the United States of America. We invite you to consult its privacy policy that you may find by clicking this hyperlink or by visiting its Web site: https://wildbit.com/privacy-policy to understand how and where it may process your Personal Data.

We have put in place with such Data Processors, when required by Privacy Laws, appropriate safeguards to ensure your rights under this Privacy Policy and applicable Privacy Laws will be respected by such Data Processors. You may contact our Data Protection Officer at the coordinates provided at the beginning of this Privacy Policy to obtain a copy of such safeguards, if any.

Nonetheless we confirm you that BOATMEET will take all steps reasonably necessary to ensure that your Personal Data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of your Personal Data. For any transfer of Personal Data to a jurisdiction that is not automatically considered by privacy authority having jurisdiction on our processing of your Personal Data, as an adequate jurisdiction for a transfer of your Personal Data without additional requirement, all steps necessary to satisfy those requirements are taken by us, such as using Model Contractual Clause, for the European Union. The Model Contractual Clause or other legal requirement permitting the transfer to such jurisdiction between us and the Data Processor may be obtained on request to our Data Protection Officer.

6. Retention of Personal Data

BOATMEET will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

In particular, for the Mobile Application, we will retain the following Personal Data for the time mentioned in the following table.

Type of Personal DataPersonal DataRetention Duration
Account InformationEmail address
Name
Password		As long as the account is not closed by the User
Tracking Cookies DataSession Cookies
Preference Cookies
Security Cookies		12 months
Geolocation DataGPS coordinates1 hour;
Until the end of the day; or
As long as the account is not closed by the User.
Depending on your own selection.
*Please be aware that we only retain your last GPS coordinates.
Image DataPictures and videos of natural person.As long as both accounts taking part in the exchange of image data are not closed by both Users.
Text Data(not defined prior to processing)As long as both accounts taking part in the exchange of text data are not closed by both Users.

In particular, for the Website, we will retain the following Personal Data for the time mentioned in the following table.

Type of Personal DataPersonal DataRetention Data
Account InformationEmail address
Name
Password
As long as the account is not closed by the User
Tracking Cookies DataSession Cookies
Preference Cookies
Security Cookies
12 months

7. Your Rights

BOATMEET allows you to correct, amend, delete, limit or oppose to the process of your Personal Data.

Whenever made possible, you can update your Personal Data directly within your account settings section. If you are unable to change your Personal Data, please contact us to make the required changes.

If you wish to be informed what Personal Data we hold about you and if you want it to be removed from our systems, please contact us. However, you may at any time withdraw any consent you gave us to process your Personal Data in the preference settings of your account. In this case, we will, as soon as commercially and reasonably possible, delete from our systems all your Personal Data obtained on the legal basis of your consent and request our Data Processors to do the same.

Without limiting the foregoing, except in certain circumstances provided by applicable privacy laws, you have the right:

(a)     To access and receive a copy of the Personal Data we hold about you;

(b)     To rectify any Personal Data held about you that is inaccurate;

(c)     To request the deletion of Personal Data held about you;

(d)     To object and request restriction to processing of your Personal Data.

You also have the right to data portability for the information you provide to BOATMEET. Therefore, you have the right to receive your Personal Data that is processed based on your consent or that is processed by automated means, the whole in a structured, commonly used and machine-readable format and have the right to transmit those data to another Data Controller ontroller without hindrance from us.  You have the right to have such Personal Data transmitted directly from us to another controller, where technically feasible.

Depending of your jurisdiction (ex. Canada and European Union), you may have the right to lodge a complaint with a supervisory authority.

Please note that we may ask you to verify your identity before responding to such requests.

8. Security of Data

The security of your Personal Data is important to us but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.

Nevertheless, we are providing you with updated measures of protection and physical, electronic and operational security, pursuant to the best standards and practices of the industry.

9. Children’s Privacy

Our Services does not address anyone under the age of 16 (“Children“).

We do not knowingly collect Personal Data from anyone under the age of 16. If you are a parent or guardian and you are aware that your Children have provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.

10. Changes to This Privacy Policy

We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.

We will let you know via email and/or a prominent notice on our Services, prior to the change becoming effective and update the “effective date” at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

If you have any question about this Privacy Policy, please contact our Data Protection Officer at the address, telephone number and email address mentioned on the first page of this Privacy Policy.

BFG Solutions Inc. All rights reserved.

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