Updated February 12, 2020

Zephyr, Inc. dba Zephyr Boating (“Zephyr, “we, “us,” “ours”) provides this Privacy Policy to inform you of our policies and procedures regarding the collection, use and disclosure of Personal Information we receive from users of https://zephyrboating.com and our mobile application. This Privacy Policy applies only to information that you provide to us through this website, including any subdomains thereof, and any other websites through which Zephyr makes its services available (collectively, the “Site”), our mobile, tablet and other smart device applications, and application program interfaces (collectively, the “Application”) and all associated services (collectively, the “Services”). The Site, Application and Services together are hereinafter collectively referred to as the “Zephyr Platform.”

This Privacy Policy may be updated from time to time. We will notify you of any material changes by posting the new Privacy Policy on the Site. You are advised to consult this Privacy Policy regularly for any changes. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Terms of Service.  

As used in this policy, the terms “using” and “processing” information include using cookies on a computer, subjecting the information to statistical or other analysis and using or handling information in any way, including, but not limited to collecting, storing, evaluating, modifying, deleting, using, combining, disclosing and transferring information within our organization or among our affiliates within the United States or internationally.

Our primary goals in collecting information are to provide and improve the Zephyr Platform and to enable users to enjoy and easily navigate the Site and Application.

What Information We Collect

1. Personal Information

When you sign up to be a rider, we will ask you for personally identifiable information. This refers to information about you that can be used to contact or identify you (“Identity Information”). Identity Information includes, but is not limited to, your name, phone number, email address and home postal address, but does not include your credit card number or billing information. In order to process some of your transactions through the Site, we may also ask for your credit card number and billing information (“Billing Information”) (Identity Information and Billing Information together, “Personal Information”). We use your Personal Information mainly to provide the Services and administer your inquiries, but we also use it as specified below including to send you information you may find of interest.

2. Non-Identifying Information

We may also collect other information that you provide as part of registration and the administration of your account (e.g., without limitation, zip code (on its own) and individual preferences or demographic information) (“Non-Identifying Information”).

Certain Non-Identifying Information would be considered a part of your Personal Information if it were combined with other identifiers (for example, combining your zip code with your street address) in a way that enables you to be identified. But the same pieces of information are considered Non-Identifying Information when they are taken alone or combined only with other non-identifying information (for example, your demographic information). We may combine your Personal Information with Non-Identifying Information and aggregate it with information collected from other Zephyr Users (defined below) to attempt to provide you with a better experience, to improve the quality and value of the Services and to analyze and understand how our Site and Services are used. We may also use the combined information without aggregating it to serve you specifically, for instance to deliver a product to you according to your preferences or restrictions.

How We Collect and Use Your Information

1. Personal and Non-Identifying Information

We use your Personal Information (in some cases, in conjunction with your Non-Identifying Information) mainly to provide the Services, complete your transactions, and administer your inquiries.

We also use your Personal Information to contact you with Zephyr newsletters, marketing or promotional materials, and other information that may be of interest to you. If you decide at any time that you no longer wish to receive such communications from us, please follow the unsubscribe instructions provided in any of the communications or update your “user preferences” information within your profile. (See “Changing or Deleting Information,” below.) We may also use your Personal Information and Non-Identifying Information to direct certain promotional or advertising materials to you.

Please note that we may also use your Personal Information to contact you with information related to your use of the Services; you may not opt out of these notifications.

2. Location Data

When you visit the Site or Application, whether as a registered user or a non-registered user (“guest”) just browsing (any of these, a “Zephyr User”), our software may automatically record information about Locations or Services browsed, and hence of your interest (“Location Data”).

We use this information to monitor and analyze use of the Zephyr Site and Application Services, and for the Site’s or Application’s technical administration, to increase our Services’ functionality and user-friendliness, and to better tailor it to our Users’ needs. We also use this information to verify that visitors to the Site or Application meet the criteria required to process their requests. We do not generally treat Location Data as Personal Information but may use it in association with Personal Information, or we may aggregate, analyze and evaluate such information for the same purposes stated above regarding other Non-Identifying Information.

3. Cookies

Like many websites, we use “cookies” to collect information. A cookie is a small data file that we transfer to your computer’s hard disk for record-keeping purposes. We use cookies for two purposes. First, we utilize persistent cookies to save your registration ID and login password for future logins to the Site. Second, we utilize session ID cookies to enable certain features of the Site, to better understand how you interact with the Site and to monitor aggregate usage by Zephyr Users and web traffic routing on the Site. Unlike persistent cookies, session cookies are deleted from your computer when you log off from the Site and Services and then close your browser. Third parties who place ads on the Site, such as Google Ad-words, may also place or read cookies on your browser. You can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. If you do not accept cookies, however, you may not be able to use all portions of the Site or all functionality of the Services.

Information Sharing and Disclosure Overivew

Zephyr is designed to facilitate an efficient and secure reservation process between Captains or Charter Companies who have watercraft available for use (“Captains”) and persons who wish to find watercraft to use (“Riders”). A Rider submits an inquiry through the Site or Application and Zephyr matches the Rider with a Captain who is able to meet the Rider’s stated requirements. Zephyr then transmits all contact information submitted by the Rider in an inquiry directly to the Captain, including name, phone number and email address if provided. When a Captain responds to a guest inquiry using the Zephyr system, his/her contact information is shared with the Rider. If the Captain offers a reservation to the Rider and the Rider accepts the Captain’s offer and submits payment information, the Captain and Rider enter into a confirmed transaction with one another. In no event is a Rider’s Billing Information shared with the Captain.  Zephyr uses third-party processors, including Square, PayPal, and Venmo for all payment card transactions and does not capture or store any payment card information.  For more information about each of these third-party processor’s privacy policies, please review their public website.   

Zephyr requires all Captains to sign a non-disclosure agreement with Zephyr obligating the Captain to (1) not use or disclose to any third party any Personal Information that Zephyr discloses, (2) maintain the confidentiality of the information using at least the same degree of care it uses to maintain its own Personal Information, but in no case less than a commercially reasonable degree of care, and (3) disclose the Personal Information only to Captain’s background validated employees only in order to fulfil their duties to Zephyr. Captain is responsible for any use or disclosure of any Confidential Information by Captain’s employees that Zephyr may provide for the purposes of providing the Services.

Parties with Whom We May Share Your Information

1. Third Parties

We may employ third-party companies and individuals to facilitate our Services, to provide the Services on our behalf, to perform Site- or Application-related services (e.g., without limitation, maintenance services, database management, payment card processing, web analytics and improvement of the Site or Application features) or to assist us in analyzing how the Zephyr Platform is used. These third parties may have access to your Personal Information; if they do, this access is only so that they may perform these tasks on our behalf, and they are obligated not to disclose or use it for any other purpose. We may also use third-party services such as HubSpot or Google, to associate information about you from third party sites with your Site or Application account. We may also provide Personal Information to our business partners or other trusted entities for the purpose of providing you with information on goods or services we believe will be of interest to you. You can, at any time, opt out of receiving such communications by clicking unsubscribe on any email sent, emailing us directly or calling us at the number below. Third party vendors, including Google, use cookies to serve ads based on a user’s prior visits to Zephyr. You can disable these specific cookies that track prior visits for the sake of follow-up advertising by opting out at http://www.google.com/privacy_ads.html.

2.  Aggregate Information and Non-Identifying Information

We may share aggregated information that does not include Personal Information and we may otherwise disclose Non-Identifying Information and Log Data with third parties for industry analysis, demographic profiling and other purposes. Any aggregated information shared in these contexts will not contain your Personal Information.

3. Business Transfers

Zephyr may sell, transfer or otherwise share some or all of its assets, including your Personal Information, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy.

4. Compliance with Laws and Law Enforcement

Zephyr cooperates with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including but not limited to subpoenas), to protect the property and rights of Zephyr or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, any illegal, unethical or legally actionable activity.

Security – Breach Notification

Zephyr is very concerned with safeguarding your information. We employ administrative, physical and electronic measures designed to protect your information from unauthorized access.

We will make any legally required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored “personal data” (as defined in applicable state statutes on security breach notification) to you via email or conspicuous posting on this Site in the most expedient time possible and without unreasonable delay, insofar as consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.

Where Your Information Is Held

Information may be held at our offices and those of third-party companies, individuals, service providers, representatives and agents as described above (see “Parties with Whom We May Share Your Information”).

YOUR INFORMATION MAY BE TRANSFERRED TO, AND MAINTAINED ON, COMPUTERS LOCATED OUTSIDE OF YOUR STATE, PROVINCE, COUNTRY OR OTHER GOVERNMENTAL JURISDICTION WHERE THE PRIVACY LAWS MAY NOT BE AS PROTECTIVE AS THOSE IN YOUR JURISDICTION. IF YOU ARE LOCATED OUTSIDE THE UNITED STATES AND CHOOSE TO PROVIDE INFORMATION TO US, ZEPHYR TRANSFERS PERSONAL INFORMATION TO THE UNITED STATES AND PROCESSES IT THERE. YOUR CONSENT TO THIS PRIVACY POLICY FOLLOWED BY YOUR SUBMISSION OF SUCH INFORMATION REPRESENTS YOUR AGREEMENT TO THAT TRANSFER AND THE TERMS OF THIS PRIVACY POLICY.  YOU CAN CHANGE OR DELETE YOUR INFORMATION AS PROVIDED HEREIN.

For more information on this topic, see Note to EU Residents, and Note to California Residents below.

How Long Your Information Will Be Kept

We will keep your Personal Information while you have an account with us or while we are providing the Services to you. Thereafter, we will keep your Personal Information for as long as is necessary:

• To respond to any questions, complaints or claims made by you or on your behalf;
• To show that we treated you fairly; or
• To keep records required by law.

We will not retain your Personal Information for longer than necessary for the purposes set out in this policy. When it is no longer necessary to retain your Personal Information, we will delete or anonymize it.

Your Rights Regarding Your Information

1. Changing or Deleting Your Information

All registered users may review, update, correct or delete the Personal Information in their registration profile by contacting us at info@zephyrboating.com or editing the relevant part of their profile. If you would like us to delete your record in our system, please contact us and we will attempt to accommodate your request if we do not have any legal obligation to retain the record. See below for privacy contact information.

Note To EU Residents

If you are an EU resident, you have certain rights regarding your data under the Global Data Protection Regulation (GDPR), outlined as follows:

Right to Access	The right to be provided with a copy of your Personal Information (the right of access)
Right to Rectification	The right to require us to correct any mistakes in your Personal Information
Right to be Forgotten	The right to require us to delete your Personal Information—in certain situations
Right to Restriction of Processing	The right to require us to restrict processing of your Personal Information—in certain circumstances, e.g. if you contest the accuracy of the data
Right to Data Portability	The right to receive the Personal Information you provided to us, in a structured, commonly used and machine-readable format and/or transmit that data to a third party—in certain situations
Right to Object	The right to object: at any time to your Personal Information being processed for direct marketing (including profiling);in certain other situations to our continued processing of your Personal Information, e.g. processing carried out for the purpose of our legitimate interests.
Right Not to be Subject to Automated Individual Decision-Making	The right not to be subject to a decision based solely on automated processing (including profiling) that produces legal effects concerning you or similarly significantly affects you

For further information on each of those rights, including the circumstances in which they apply, see the guidance from the UK Information Commissioner’s Office (ICO) on individual rights under the General Data Protection Regulation.

Note To California Residents

You have the right under the California Consumer Privacy Act of 2018 (CCPA) and certain other privacy and data protection laws, as applicable, to exercise free of charge:

Disclosure of Personal Information We Collect About You	You have the right to know: The categories of Personal Information we have collected about you;The categories of sources from which the Personal Information is collected;Our business or commercial purpose for collecting or selling Personal Information;The categories of third parties with whom we share Personal Information, if any; and The specific pieces of Personal Information we have collected about you. Please note that we are not required to: Retain any Personal Information about you that was collected for a single one-time transaction if, in the ordinary course of business, that information about you is not retained; Reidentify or otherwise link any data that, in the ordinary course of business, is not maintained in a manner that would be considered Personal Information; or Provide the Personal Information to you more than twice in a 12-month period.
Personal Information Sold or Used for a Business Purpose	In connection with any Personal Information we may sell or disclose to a third party for a business purpose, you have the right to know: The categories of Personal Information about you that we sold and the categories of third parties to whom the Personal Information was sold; and The categories of Personal Information that we disclosed about you for a business purpose. You have the right under the California Consumer Privacy Act of 2018 (CCPA) and certain other privacy and data protection laws, as applicable, to opt-out of the sale or disclosure of your Personal Information. If you exercise your right to opt-out of the sale or disclosure of your Personal Information, we will refrain from selling your Personal Information, unless you subsequently provide express authorization for the sale of your Personal Information. To opt-out of the sale or disclosure of your Personal Information, please contact our Customer Support at 1-833-473-7497.
Right to Deletion	Subject to certain exceptions set out below, on receipt of a verifiable request from you, we will: Delete your Personal Information from our records; and Direct any service providers to delete your Personal Information from their records. Please note that we may not delete your Personal Information if it is necessary to: Complete the transaction for which the Personal Information was collected, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between you and us;Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity;Debug to identify and repair errors that impair existing intended functionality; Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law;Comply with the California Electronic Communications Privacy Act;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 our deletion of the information is likely to render impossible or seriously impair the achievement of such research, provided we have obtained your informed consent;Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us; Comply with an existing legal obligation; or Otherwise use your Personal Information, internally, in a lawful manner that is compatible with the context in which you provided the information.
Protection Against Discrimination	You have the right to not be discriminated against by us because you exercised any of your rights under the CCPA. This means we cannot, among other things: Deny goods or services to you;Charge different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties; Provide a different level or quality of goods or services to you; or Suggest that you will receive a different price or rate for goods or services or a different level or quality of goods or services. Please note that we may charge a different price or rate or provide a different level or quality of services to you, if that difference is reasonably related to the value provided to our business by your Personal Information.

Links to Other Sites

Our Site contains links to other websites. If you choose to visit an advertiser by “clicking on” a banner ad or other type of advertisement, or click on another third-party link, you will be directed to that third party’s website. The fact that we link to a website or present a banner ad or other type of advertisement is not an endorsement, authorization or representation of our affiliation with that third party, nor is it an endorsement of their privacy or information security policies or practices. We do not exercise control over third party websites. These other websites may place their own cookies or other files on your computer, collect data or solicit Personal Information from you. Other sites follow different rules regarding the use or disclosure of the Personal Information you submit to them. We encourage you to read the privacy policies or statements of the other websites you visit.

Our Policy Toward Children

This Site is not directed to children under 18. We do not knowingly collect personally identifiable information from children under 13. If a parent or guardian becomes aware that his or her child has provided us with Personal Information without their consent, he or she should contact us at info@zephyrboating.com. If we become aware that a child under 13 has provided us with Personal Information, we will delete such information from our files.

Contacting Us

If you have any questions about this Privacy Policy, please contact us at info@zephyrboating.com or at +1 (833) 473-7497.

Contact Zephyr Boating Today

Fax: +1 (720) 419-2388
Toll-Free: 855-206-7594
Email: bookings@zephyrboating.com