LEGAL

Privacy Policy

When you use or interact with Golden Anchor Auctions Incorporated (“GAA”, “we”, or “us”) website at dezuraluxuryboats.com (“Website”) or participate in an auction for luxury boats, watercraft or other marine vessels as a seller, buyer or bidder or use related services and offerings (“Services,” collectively the “Digital System”), we may obtain certain information about you. Your use of our Digital System is at all times subject to our Terms of Service (“Terms”), which incorporates this Privacy Notice.

This Privacy Policy does not apply to our employees, contractors, personnel or job applicants.

Types of Personal Information We Collect

Personal information is any identifying information, usually your name in combination with another identifier, such as date of birth, postal address, email address, telephone number, or government-issued identification number. Personal information does not include anonymous or aggregated data that can no longer be used to identify a specific person, even if combined with other data. The specific definition of personal information varies from one jurisdiction to another.

The personal information we may collect includes:

Identifiers, such as a real name, unique personal identifier, online identifier, IP address, email address, or account name
Personal information categories such as a name, date of birth, telephone number, physical address, zip code
Commercial information, such as records of Services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies, including but not limited to boat registration details, boat ownership history, bids placed or listed
Payment Data, such as payment card type, last four digits of your credit or debit card number, billing address, phone number, email and other information provided in your financing application for our Digital System
Internet or other similar network activity, such as browsing history or information on a user's interaction with our Digital System
Geolocation data
Inferences drawn from other personal information, such as information reflecting a person's preferences

Source of Personal Information

We use different sources to collect data from and about you as described below.

Information Collected Directly From You

You may provide us with personal information directly when you:

Sign up for information about our Services
Fill out the “Contact Us” form, email or call us
Make inquiries as a seller and request information on Services, products and our third party service providers that provide professional photography and/or comprehensive inspection of the boats, watercraft
Complete a consultation with us to potentially list your boat on our Services
Make inquiries as a buyer and/or bidder for our Services
Complete your purchase
Create an account on our Website
Get verified to become an authorized bidder for our Services
Subscribe or sign up for our marketing or newsletters
Contact our team for support

Information Collected Automatically

As you interact with us via our websites, we may automatically collect technical data about your equipment, browsing actions and patterns. Technical data is information such as your device's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Website that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data. When you access the Services by or through a mobile device, we may collect certain information automatically, including, but not limited to, the type of mobile device you use, your mobile device unique ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browser you use, unique device identifiers and other diagnostic data. We may also collect information that your browser sends whenever you visit our Service or when you access the Services by or through a mobile device.

Information Collected From Third Parties

We may also obtain personal information about from our third party sources like service providers, publicly available sources, marketing and analytics partners and business partners and/or affiliates.

Purpose

We collect and use your personal information for the following purposes:

Processing your requests regarding the Digital System and our products, including live auctions, listing or placing a bid or offer on a listed luxury boat in the Digital System, and coordinating our third party services for professional inspections, financing, shipping, transportation and documentation.
Providing customer assistance or technical support and solving problems or disputes relating to auctions or fee claims.
Customizing content, providing recommendations and enhancing the quality and your overall experience with the Digital System and retaining your user preferences or presenting content in the most effective manner for the browser or device you use to access the Digital System.
Maintaining, operating, improving and developing the Digital System and related content, products or services, including developing new products and features based on users' interactions with the Website.
Learning about users of the Digital System and analyzing how you and others interact with and respond to the Digital System, including by measuring and optimizing usage, reliability and performance, conducting market research, analyzing trends, and supporting our operations (e.g., for accounting, auditing, financial, legal or other purposes).
Sending you informational messages about the Digital System (e.g., to confirm your listing or bid, and notify you of live auctions and changes to the Digital System and Website).
Delivering marketing or promotional communications, including offers or promotions about our or third parties' products, services or other initiatives.
For advertising and marketing purposes, including targeted advertising, measuring, analyzing the effectiveness of our advertising and marketing efforts and deploying advertising campaigns.
Protecting our rights or the rights of others including but not limited to, detecting, preventing and responding to fraud or potentially illegal activities, misuse of the Digital System, violations of law, this Privacy Policy, our Terms of Service or other applicable policies.
Performing audits, assessments, testing or troubleshooting activities.
Complying with legal or regulatory requirements and fulfilling our contractual obligations.
Any other purpose for which it is necessary to carry out our obligations under this Privacy Policy or our Terms of Service for which we provide specific notice at the time the information is collected.

Disclosing Your Information

We may provide user information to our service providers or vendors for reasons such as:

Other companies and individuals we employ to perform functions on our behalf; and
Professional service providers, such as auditors, bankers, lawyers, accountants and insurers, marketing agencies, advertising partners and website hosts, who help us run our business.

We may also provide information to the following:

Affiliate marketing partners, advertising agencies, ad networks, ad exchanges, and marketing businesses;
Other third parties for their independent marketing purposes;
Independent providers linked or made available on our Digital System related to the auction and facilitating transactions;
Governments, regulators, law enforcement and fraud prevention agencies, so we can help tackle and comply with law enforcement; and
In conjunction with business transfers, where we may share information with third parties to whom we choose to sell, transfer, or merge parts of our business or our assets. If a change happens to our business, then the new owners may use your personal information in the same way as set out in this Privacy Notice. In the event of an insolvency, bankruptcy, or receivership, your personal information may also be transferred as a business asset.

Email Marketing

You may opt out of receiving marketing or promotional emails from us by clicking on the “unsubscribe” link contained in such emails. You may also be able to opt out of marketing or promotional emails by logging into your account and managing your email preferences. Please keep in mind that if you opt out of receiving marketing or promotional emails, we may still send you transactional emails or other communications relating to your use of the Digital System (e.g., to confirm your bids, to inform you of changes to the Website or Services or in response to your password recovery request).

Cookies and Tracking Technologies

We use cookies, and similar technologies to gather information about your use of our Website and to customize your experience using the Website.

Cookies

Cookies are small data files that help us keep track of your usage of the Website. Many of the cookies we use enable the Website to function as you would expect it to. Persistent cookies enable the Website to remember things like your login information for convenience, and session cookies are useful for things like keeping the items in your shopping cart when you navigate away from the page, all of which allows us to enhance the user experience. Cookies also enable us to track and analyze user behavior to help improve our Website.

We use the following four categories of cookies on the Website:

Strictly Necessary Cookies are necessary for the Website to function. If you refuse them, you will not be able to use the Website, as the Website will not function properly without them.
Functionality Cookies help us enhance the performance and functionality of our Website to remember your choices, settings, or preferences from one visit to the next. These are not necessary for your use. Still, certain functions or features may become unavailable if you refuse them.
Analytical/Performance Cookies collect information about your use of our Website, including which pages you visit, and whether you experience any errors. These cookies do not collect any personally identifiable information. The information collected is only used to analyze how the Website is being accessed and used in order for us to improve the Website and your experience using it.
Targeting Cookies collect information designed to customize your experience on the Website and other sites, and record information about your visit to the Website, the pages you have visited and the links you have followed, so we can recognize you as a prior visitor to tailor marketing to your interests and measure the effectiveness of our marketing strategies. This information may be shared with third parties for marketing purposes.

For more information about cookies, see aboutcookies.org. Most web browsers automatically accept cookies, but you may change your browser settings to accept or decline certain types of cookies if you prefer. If you decline certain cookies, it may impact your use or the functionality of the Website.

Managing Your Opt-Out Preferences

Disabling Cookies Using Browser Settings

Most browsers accept cookies by default. You may be able to change the settings to have your browser refuse certain cookies or notify you before accepting cookies. If you choose to disable the use of cookies in your web browser, some features of the Website may become difficult to use or unavailable. Each browser may have its own way for you to manage cookies: Google Chrome; Mozilla Firefox; Internet Explorer; and Safari.

Please keep in mind that if you opt out of targeted ads, you will still see ads, but these ads will not be based on your inferred interests. In addition, if you take the steps described below, some automated means may still be used to collect information about your interactions with the Website for the other purposes described in this Privacy Policy (e.g., to remember user preferences or enable specific functionality).

DAA and NAI Opt-Out

Some of the advertisers and Service Providers that perform advertising-related services for us may participate in the Digital Advertising Alliance (“DAA”) or the Network Advertising Initiative (“NAI”). Please see the links below for more information on how to opt out. By following the instructions, you can block participating companies from installing future cookies on your computer or browser.

The NAI's opt-out platform: http://www.networkadvertising.org/choices/
The DAA's opt-out platform: http://optout.aboutads.info/?c=2&lang=EN

Google Analytics

We use Google Analytics to help create reports and statistics on the performance of the site. Google Analytics collects information such as your IP address, device type and operating system, referring URLs, location and pages visited. To disable analytics cookies, you can use the browser opt-out cookies controls discussed above or do it directly by visiting https://tools.google.com/dlpage/gaoptout.

Do Not Track / Global Privacy Control

We do not currently take steps to respond to browser “Do Not Track” signals as no uniform standard to respond to such signals has been developed at this time.

SMS Marketing and Communications

By providing your phone number or email and clicking the box, “submit my vessel”, or “Join waitlist”, you consent and agree to opt-in to receive text messages and emails. Message frequency depends on the transactional messages and marketing, and other Digital System offerings provided. You may opt out of receiving text messages or emails by texting “Stop” at the end of any message you receive, or you can opt out of these communications by contacting us at Admin@dezuraluxuryboats.com and sharing the phone number that you would like to opt out. You may also reply “Help” for help. Messaging and data rates may apply.

We may disclose your SMS opt-in or consent status, with affiliates or third parties that help us provide our messaging services, including but not limited to platform providers, phone companies, and any other vendors who assist us in the delivery of text messages. We will not share or sell your phone number, your opt-in to the SMS with third parties for their direct marketing purposes or for purposes unrelated to our Digital System or Website.

Children's Privacy Rights

The Digital System are not designed or targeted for children, and we do not knowingly collect, use or maintain personal information from any person under the age of 18. If you are aware that your child has provided us with personal information, please contact us so that we may delete such information. We will take reasonable steps to delete that information as quickly as possible. We encourage parents and legal guardians to monitor their children's internet usage and to help enforce our Privacy Policy by instructing their children never to provide personal information on our Digital System without their permission.

Your Rights

A number of US states may provide their residents with certain privacy rights. If applicable, you may have the right to request:

Whether we are processing your personal information, access to that information and to receive a copy of your personal information.
Correction of your personal information that is inaccurate.
Deletion of your personal information.
Opt out of the processing of your personal information for the purposes of providing you with targeted advertising.

The exact scope of these rights may vary by state. To exercise any of these rights, or to appeal a decision regarding a consumer rights request please contact us.

Exercising Access, Data Portability, and Deletion Rights

Only you or a person that you authorize to act on your behalf, may submit a request related to your personal information rights. You may also make a request on behalf of your minor child. When you use an authorized agent to submit a request to know or a request to delete, we may require that you provide the authorized agent written permission to do so and verify their own identity directly with us, unless you have provided the authorized agent with a valid power of attorney. We may deny a request from an agent that does not submit proof that they have been authorized by you to act on his or her behalf.

To exercise the access, data portability, correction, and/or deletion rights described above, please submit a request to us by contacting us. We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm that the identified personal information relates to you.

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.

Non-Discrimination

We will not discriminate against you in a manner prohibited by the applicable state laws because you exercise your privacy rights. While you may request to delete your personal information, such deletions may affect our ability to offer the Digital System to you.

Storing Your Information

We will keep your personal information for as long as necessary to fulfil the purposes for which we collected it in the first place, including for the purposes of satisfying any legal, accounting, or reporting requirements. We will retain your personal information for a period of time that enables us to:

Maintain business records for analysis, understanding market trends and/or audit purposes and to improve the Digital System.
Comply with record retention requirements under applicable laws or other relevant legal or regulatory requirements.
Defend, establish, exercise or bring any existing or potential legal claims.
Carry out fraud detection and prevention.
Deal with any complaints regarding the Digital System, or our related offerings.

We will delete your personal information when it is no longer required for these purposes. If there is any information that we are unable, for technical reasons, to delete from our systems, we will put in place appropriate measures to prevent any further processing or use of the data.

International Data Transfers

We are located in the United States, and the personal information collected through the Digital System will be processed in and subject to the laws of the United States, which may not provide the same level of protection for your personal information as your home country.

By sending us personal information, you agree and consent to the processing of your personal information in the United States, which may not offer an equivalent level of protection to that required in other countries (particularly the European Union), and to the processing of that information by us on servers located in the United States, as described in this Privacy Policy.

We have implemented safeguards we believe are designed to ensure that the personal information we process remains protected in accordance with this Privacy Policy, including when processed internationally or by our third-party service providers.

Your Shine The Light California Rights

You may also have the right to request a list of third parties to which certain personal information (as defined by California Civil Code § 1798.83) obtained through the Digital System was disclosed to others by us during the preceding year for those third parties' direct marketing purposes. If you are a California resident and want such a list, please contact us at admin@dezuraluxuryboats.com. For such request, you must put the statement “Your California Privacy Rights/Shine the Light” in the body of your request, as well as your name, street address, city, state, and zip code. In your request, you need to attest to the fact that you are a California resident and provide a current California address for our response. Please note that we will not accept requests via the telephone, email, or by facsimile, and we are not responsible for notices that are not labeled or sent properly, or that do not have complete information.

EU / EEA Data Subject Rights

European Union / European Economic Area (EEA) data subjects may have certain rights under the General Data Protection Regulation (the “GDPR”). Once you make a request, we will respond in one month or less unless extenuating circumstances apply.

Right to be Informed— You may have a right to be informed about what personal information we collect from you and how it is used.
Right of Access— You may have the right to know what data has been collected about you and how such data has been processed.
Right of Rectification— You may have a right to correct any incorrect or incomplete information we have about you.
Right to Erasure— In certain circumstances, you may have the right to request that we delete your personal information.
Right to Restrict Processing— In certain circumstances, you may have the right to restrict the processing of your personal information.
Right to Data Portability— If our lawful basis for processing your data is consent or performance of a contract, you may have the right to receive personal information we have collected from you in an accessible format.
Right to Object— You may have the right to object to the processing of your personal information for direct marketing purposes.
Rights Related to Automated Decision-Making Including Profiling — You may have the right to not be subject to a decision based solely on an automated process which produces legal effects or significantly affects you. We will not make these types of decisions by solely automated processes.

How We Protect Your Information

We use a variety of security technologies and procedures to help protect information from unauthorized access, use or disclosure. However, no method of transmission over the internet, or method of electronic storage, is 100% secure. Therefore, while we make reasonable efforts to protect your personal information, we cannot guarantee its absolute security.

Links to Third-Party Websites

The Digital System may contain links to websites, mobile apps or other services operated by companies not affiliated with us, for example, shipping, inspection, detailing and financing service providers that complete the transactions from the auctions. We are not responsible for the privacy practices of any non-GAA operated websites, mobile apps or channels, and we encourage you to review the privacy policies or notices published by relevant third parties.

Changes to This Privacy Policy

We may update this Privacy Policy from time to time to reflect changes in our privacy practices or applicable laws. In accordance with applicable law, we may make such changes without prior notice. We will publish the updated version on the Website and indicate at the top of the Privacy Policy when it was most recently updated. Your use of the Digital System will be governed by the then-current version of the Privacy Policy.

Contact Us

If you have any questions about this Privacy Policy, please contact us by email at admin@dezuraluxuryboats.com.