Privacy

Privacy Policy

Effective Date: May 1, 2018

For nearly two decades, Nautical Luxuries has built a community that shares a common passion for boats, the sea and the nautical lifestyle. We value the trust and confidence you place in us when you visit our website and when you do business with us.

By using the site you consent to the policies and practices described in this Nautical Luxuries Privacy Policy (“Privacy Policy”). If you do not agree with any part of this Privacy Policy, then please do not use the site.

Scope

This Privacy Policy describes how Nautical Luxuries (collectively, “we”, “us”, or “our”) collect and use information about you in connection with www.NauticalLuxuries.com and any other website, application or other online service on or to which this Privacy Policy is linked or referenced (collectively, the "Site"). This Privacy Policy does not apply to information that is collected by any third-party websites or services that you may access through the Site.

Our agreements with certain customers may contain provisions about the collection, use, storage and disposal of information collected through the Site and offline. If a provision of a customer agreement conflicts or otherwise is inconsistent with a provision of this Privacy Policy, then the provision of the customer agreement will prevail but solely to the extent of the conflict or inconsistency.

Certain features of the Site, such as promotional offers may be subject to additional terms presented in conjunction with them. Regardless of how they are presented to you, we require that you agree to additional terms before using the features of the Site to which they apply.

What We Mean–Definitions

This Privacy Policy uses certain capitalized terms that we intend to have particular meanings. Sometimes, those terms are defined when they are first used. In addition, and for ease of reference, the following terms are defined in this section:

Personal Information: means information that identifies you or that can identify you, such as your name, shipping and/or billing address, e-mail address, phone number and credit card information.

Browsing Information: means information that, by itself, does not individually identify you, such as browser type, operating system, the web pages you viewed and how long you viewed them. We generally do not treat Browsing Information as Personal Information. We may, however, link together different types of Browsing Information or link Browsing Information to Personal Information. If linked information identifies (or can be used to identify) an individual person, we treat the linked information as Personal Information.

Process: (including its variants) means transfer, share, disclose, provide access to, use, combine, verify, store, sell, rent and delete.

How We Process Information

We process personal information and browsing information for a variety of purposes, including the following:

To help provide you with a smooth, efficient shopping experience that is tailored to you, such as to:

  • help you quickly find information, products, and services;

  • make the Site easier for you to use by eliminating the need for you to repeatedly enter your Personal Information;

  • provide you with information about your order history, gift cards, wish lists and gift registries you create, reviews you write, questions you answer, products you pick or people who are following your picks (if you choose to make picks and allow followers)

  • help create content that is customized to your particular preferences or interests; and

  • make third party offers of products and/or services more relevant to you.

  • To alert you to Nautical Luxuries and third party products, services, and promotional offers that may be of interest to you, through email, direct mail or other methods of delivery, such as mobile content delivery programs.

  • To allow you to participate in trusted store or similar programs, subscription services, rewards programs or other membership programs that we offer or participate in with business affiliates. This may involve collecting and disclosing Personal Information (including your order details) for purposes such as allowing third parties to track which of their members visit or use the Site (for example, to obtain purchase protection or to earn points or discounts for purchases made on our Site through links from the partner site).

  • To announce the names, and cities and states, of winners of contests, sweepstakes, and promotions.

  • To fulfill and ship your order, to process your payments, and to communicate with you about your order and to provide customer service.

  • To assist in marketing efforts, including by tailoring and serving advertisements, and by tracking the effectiveness of marketing efforts.

  • To operate the Site and to improve Site content, layout and design, and vendor selection.

  • To monitor the usage and performance of the Site and to conduct system administration and system troubleshooting.

  • To comply with legal requirements and process (for example, in response to subpoenas, court orders, and law enforcement or governmental requests or investigations), to protect our legal rights or the rights of others (for example, by working to reduce the risk of fraud or Site misuse); to enforce our Terms of Use or other policies or agreement; or to respond to an emergency.

  • In connection with a merger, sale, acquisition, divestiture, restructuring, reorganization, dissolution, bankruptcy or other change of ownership or control (in each case whether in whole or in part). Such a transaction may involve the disclosure of Personal Information and Browsing Information to prospective or actual purchasers or third parties. If all or any part of our assets are acquired, Personal Information and Browsing Information may be one of the transferred assets.

  • To help us determine which areas of our Site are most popular so we can enhance the experience of Site visitors. We may aggregate certain Browsing Information or Personal Information so that it does not relate to any specific Site visitor (“aggregate information”) in order to detect, analyze, and describe patterns of Site usage. Browsing Information and aggregate information can provide an overview of our Site users' characteristics, demographics, and collective viewing, search and shopping habits.

  • To share information with our affiliates, vendors, business partners (including advertising partners) and other third parties for purposes such as: tailoring Site and email content and services for individual users and recipients; conducting targeted advertising; offering promotions and discounts; and to offer third party products and services.

  • For any other lawful purpose.

How We Collect Information

Information We Collect From You

In general, when we collect Personal Information about you on the Site, you are asked to affirmatively provide the information or to take some action—such as in registering an account, or placing an order—on or through the Site. Other information you affirmatively provide, such as about your preferences (e.g., specific products or brands you like), and demographic information (e.g., gender, age, or income range) is generally maintained along with Personal Information. You can choose not to provide any information that is affirmatively requested of you, however, this may limit your ability to use the Site. For example, you must provide certain information about you in order to access all of the Site’s features, to obtain promotional or email offers, to create wish lists or gift registries, to participate in special or loyalty programs (including gift certificates) through the Site, to write and share product reviews, to enter contests or sweepstakes, or to place an order on the Site.

Depending on the purpose, we may ask you to provide different categories of Personal Information. For example, if you place an order, we may ask you to provide information including your name, phone number, email address, shipping and billing addresses, zip code and credit card information

User-generated content on our Site (such as product reviews, product ratings and wish lists created by users) may include Personal Information. We Process any Personal Information submitted with or included in the user-generated content provided to the Site.

The Site may link with social media platforms and social media plug-ins (e.g., the Facebook "Like" button, '"Share to Twitter"' button) (collectively, “Social Media”). When accessing the Site through a Social Media account, we may (depending on the applicable account privacy settings) automatically receive information (including Personal Information) from the Social Media platform. We may collect and use this information for the purposes described in this Privacy Policy or at the time the information was collected.

In addition to collecting information on the Site, we may collect information from you when you visit our showroom, or communicate with us over the phone or e-mail. This information may include Personal Information and other information such as your name, billing and mailing address, e-mail address, phone number, purchase and return history, gift card usage, and participation in events and promotions that we offer. This information may be matched with, and stored in connection with Personal Information provided or collected in connection with the Site.

Information Collected Automatically

When you visit our Site, we automatically collect what we refer to as Browsing Information about you.

Browsing Information includes certain information that is automatically sent by, or collected from, your computer, web browser, and/or other device used to access the Site. This may include information such as your computer’s IP address, unique device identifier associated with the device you use to access the Site, the URL of the webpage you visited before coming to the Site and when exiting the Site, the location from which you (or your computer or access device) accesses the Site, and information about your computer or browser type and settings (such as your browser version, language settings). We also may collect or access information associated with cookies or other Tracking Technologies, as further described in the “Tracking Technologies Used on the Site” section below.

Browsing Information also includes certain information about your use of the Site, such as the pages and services you click on or access on the Site, the data you or your computer or access device transfers to or receives from the Site, session information (such as page response times), click-stream data and other information about the unique way in which you use the Site. This information can allow us to record and understand the precise way in which you interact with the Site in any particular visit, including each of the webpages you visit, and the manner in which you engage with each webpage (e.g., where you move your cursor, what you scroll through, what searches you run and products you view, etc.). Browsing Information also includes preference data, such as search and purchase information and other preference-related information that you submit to the Site (such as the styles and brands you prefer, what activities you enjoy and other lifestyle information).

Tracking Technologies Used on the Site

We and our business associates use cookies, web beacons and similar tracking technologies (“Tracking Technologies”), on the Site to collect, process, and store Personal Information and Browsing Information.

Cookies are small files that are stored on your computer or other device that you use to access this Site. The Site uses two kinds of cookies, in both the first and third party form: session ID and persistent cookies. A session ID cookie generally expires when you close your browser, while a persistent cookie remains on your computer for an extended period of time. Persistent cookies can generally be removed by following directions provided in your Internet browser's "help" file, and your browser may offer you settings to reject cookies; we are not able to guarantee that any particular browser’s instructions or settings will work properly. If you enact settings to reject cookies, or if you delete cookies, you may not be able to access or use some portions and features of the Site.

Cookies are used for a variety of purposes, including to enable you to select, place and purchase products in our shopping cart, to make it easier for you to navigate the Site (such as by storing your Personal Information, so you don't have to enter that information more than once), and enhance your shopping experience. Cookies are also used to track the number of times users have visited the Site, to determine and analyze their use of the Site, to store information that they provide (such as preferences), to store technical information useful for interactions with the Site, and to track the number of visitors to the Site. Cookies are utilized to collect Browsing Information, including the information described in the “Information Collected Automatically” section above.

The Site also may use web beacons —sometimes called single-pixel gifs or action tags—to assist us in delivering cookies and allow us to collect Browsing Information about Site users. Web beacons may also be included in emails in order to determine whether the emails have been opened and acted upon. To learn more about cookies and web beacons, visit www.allaboutcookies.org.

Locally shared objects—sometimes called Flash cookies—collect and hold more data than cookies and are stored differently on your computer. Locally shared objects may not be deleted, or prevented, through the use of browser settings or controls. For more information about locally shared objects, including instructions on how to control or delete them, review information provided by Adobe in connection with Flash technology you use, such as http://www.adobe.com/devnet/security.html.

The Tracking Technologies used on the Site may be used by us or by our service providers or business affiliates (including third party advertising companies) for the purposes described in this Privacy Policy (including the collection and use of Browsing Information and Personal Information). In addition, our service providers, business affiliates, and advertising companies may use Tracking Technologies to measure advertising effectiveness (such as which web pages are visited or what products are purchased and in what amount), to understand shopping patterns, to determine whether you have seen a particular ad before so as to avoid duplication, and for their own business purposes that are not described in this Privacy Policy.

We also use analytics services, such as Google Analytics, to collect information. Generally analytics services do not identify individual users. Many analytics services allow you to opt out of data collection. For example, to learn more about Google Analytics practices and to opt out, visit www.google.com/settings/ads or by downloading the Google Analytics opt-out browser add-on at https://tools.google.com/dlpage/gaoptout.

Email Communications That We Send; Consent to Electronic Notice of Breaches

We may send you, or you may elect to sign up to receive, emails from us. To help us understand whether we are providing information of interest to you, we may include software code or other Tracking Technologies in our emails to monitor whether you opened a particular email, whether you have clicked on the images and/or links in the email, the date and time the message was opened, and whether your computer is capable of receiving HTML-based email.

If you do not wish to receive marketing emails, please follow the opt-out instructions provided in the email. We reserve the right to send you service announcements or similar administrative messages (for example, if we need to temporarily suspend the Site for maintenance), without offering you the opportunity to opt out of receiving them. In addition, because we must communicate with you about orders that you have placed, you cannot opt out of receiving emails relating to your orders.

If we or our Site suffers a data security breach that requires us to provide you with notice, such as under applicable law, you consent to allow us to provide you with such notice by sending an e-mail to the primary e-mail address that is associated with your account.

Your Right to Access and Update Personal Information

You can view some of the Personal Information that we maintain about you and your account by logging into your account on the Site and viewing the My Account section. You can update certain information about your account, such as your mailing or billing address information, email address, and phone number by clicking the Edit Account Settings link within the My Account section, however, we may still possess and maintain records that do not reflect any updates that you provide in this manner.

Not all Personal Information is maintained in a manner that can be accessed or updated by you. For example, Personal Information that we collect and maintain independent of the Site—for example, information that you provide in our retail location or over the phone—generally is not directly accessible to you. Additionally, we generally do not maintain Browsing Information in a manner that can be accessed or updated by you.

If you have questions or concerns about our information practices, please contact us using the information in the “Contacting Us” section of the Privacy Policy, below.

How We Protect And Store Information

Nautical Luxuries uses physical, electronic, and procedural safeguards intended to protect Personal Information. However, since no security system is impenetrable, we cannot guarantee the security of Personal Information or Browsing Information. In addition, any information you include in a product review or post to any message board, discussion group, or other public posting area on the Site is available to anyone with Internet access.

If you create an account on the Site, you may be asked to choose a password for your account, which can be used to access information associated with your account (including Personal Information). You should choose a password that is not easy to guess. Do not Process your password to any other person. You are responsible for maintaining the confidentiality of your password and account, and we will attribute activities that occur using your account information (e.g., through the use of your password) to you. If you suspect that your password has been compromised, change it immediately, or contact us at sales@nauticalluxuries.com.

We retain information for as long as necessary to fulfill the purposes for which you provided the information, to comply with law legal obligations, to resolve disputes, to enforce agreements and similar essential purposes.

Links To Other Sites

The Site contains links to third party websites and services, such as Social Media, that are not operated by us. When you click these links, you are navigating away from the Site. A link to a third-party website or digital service does not mean that we endorse it or the quality or accuracy of information presented on it. If you decide to visit a third-party website or digital service, you are subject to its privacy practices and policies, not ours. This Privacy Policy does not apply to any Personal Information that you provide to these other websites and services.

We also may from time to time offer services that are co-branded (i.e., operated in partnership with an unaffiliated business). We and our co-branding partner may collect Personal Information on co-branded websites or services. Our processing of your Personal Information is subject to this Privacy Policy but the processing of your Personal Information by a co-branding partner is subject to its privacy policy and practices, not ours.

Children's Privacy and Note to Parents and Guardians

We do not knowingly collect personal information about children under 13 years of age. If we become aware that we have unknowingly collected Personal Information from a child under the age of 13, we will make commercially reasonable efforts to delete such information from our database. If you are a parent or guardian of a child under the age of 13, and you believe that your child has provided us with personal information, please contact us using the information in the “Contacting Us” section at the end of this Privacy Policy.

NOTICE TO CALIFORNIA RESIDENTS

California Code Section 1798.83 permits individual California residents to opt-out of our disclosure of Personal Information to third parties for their direct marketing purposes. You may choose to opt-out of the sharing of your Personal Information with third parties for marketing purposes at any time by submitting a request in writing to our contact address below or by sending us an email to sales@nauticalluxuries.com. Please note that this opt-out does not prohibit disclosure made for non-marketing purposes. California law also permits residents of California to request and obtain from us once per year, free of charge, a list of the third parties (if any) to whom we have disclosed personal information for their direct marketing purposes in the prior calendar year, as well as the type of Personal Information disclosed to those third parties. If you are a California resident and would like to request this information, please submit your request by email to sales@nauticalluxuries.com or by writing to the contact address below. The email’s subject line or the mailing envelope must include the phrase “California Privacy Rights.” The body of the email or letter also must include “California Privacy Rights,” as well as your email address (if you wish to receive a response via email) or street address, city, state, zip code (if you wish to receive a response via mail). We will not accept requests via telephone or facsimile.

If you are a California resident under age 18 and are a registered user of any of the Site, then you may request that we remove any content that you publicly posted on the Site. To request removal of your content, please send an email with a detailed description of the specific content to sales@nauticalluxuries.com. We reserve the right to request that you provide information that will enable us to confirm that the content that you want removed was created and posted by you.

We will make a good faith effort to delete or remove your content from public view as soon as reasonably practicable. Please note, however, that your request that we delete your content does not ensure complete or comprehensive removal of your content. Your content may remain on backup media, cached or otherwise retained by us for administrative or legal purposes or your content may remain publicly available if you or someone else has forwarded or re-posted your content on another website or service prior to its deletion. We also may be required by law to not remove or allow removal of your content.

Updates to this Privacy Policy

We reserve the right to update this Privacy Policy from time to time. When we do, we will revise the "Effective Date" at the top of this Privacy Policy. We encourage you to check this page periodically for any updates. If we make material changes to the way we use Personal Data, we will post a notice about the changes prominently in the Site. Your continued use of the Site after the Effective Date constitutes your acceptance of the amended Privacy Policy. The amended Privacy Policy supersedes all previous versions.

Governing Law; Visitors Residing Outside The United States

This Privacy Policy and the privacy practices of our Site and Nautical Luxuries are governed solely under the laws of the State of California (in the United States of America), without regard to its conflict of law principles and are binding upon the parties hereto in the United States and worldwide. You and we agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to the interpretation or construction of this Privacy Policy or any other terms related to your use of the Site.

For those who use our Site and reside outside the United States are responsible for compliance with local laws. If you reside outside of the United States, by using our Site, you consent to the collection, transfer, storage, processing and use of your personal information in the United States of America in accordance with this Privacy Policy.

LIMITATION OF LIABILITY

TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, RELIANCE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, LOSS OF USE OR DAMAGE TO REAL, TANGIBLE OR INTANGIBLE PROPERTY ARISING FROM OR RELATED TO YOUR USE OF THE SITE.

YOU AGREE THAT OUR MAXIMUM LIABILITY TO YOU ARISING FROM YOUR USE OF THE SITE IS LIMITED TO THE GREATER OF THE TOTAL AMOUNT PAID BY YOU TO US THROUGH THE SITE DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY AND $1,000.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR DAMAGES. ACCORDINGLY, THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY IN THEIR ENTIRETY TO YOU. YOU UNDERSTAND AND AGREE, HOWEVER, THAT OUR LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

You acknowledge and agree that the above limitations of liability, together with the other provisions regarding your use of the Site that limit liability, are essential terms and that we would not be willing to grant you the right to sue the Site but for your agreement to the above limitations of liability.

CALIFORNIA RESIDENTS: YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.

Contacting Us

If you have any remaining questions about how we treat your privacy, just let us know. You can contact us by writing to: sales@nauticalluxuries.com.

Legal

Terms of Use

By using our website, you acknowledge and agree that:

  • nauticalluxuries.com is not liable for any damages related in any way to your use of or inability to access this site.

  • This site may contain errors.

  • We cannot guarantee that this website is free of viruses or other harmful elements.

  • You are responsible for any costs associated with servicing your equipment as a result of using this site.

  • Use is completely at your own risk.

 

Nautical Luxuries makes every effort to present complete and current information regarding our company and the products we carry. We apologize for any errors, but we make no warranties, express or implied, regarding accuracy - at times, the available images do not accurately depict the product. Any incomplete information, typographical errors or inaccuracies are unintended. We reserve the right to correct or update information at any time, without prior notice.

Discontinued or currently unavailable merchandise may be removed from the site. If such merchandise is not removed and we cannot provide it, we will try to assist you in making an alternate selection, but cannot guarantee our success. If you are unable to locate a product, a service or the information that you recall from a previous visit, please email us at sales@nauticalluxuries.com and we will make every effort to assist you.

While under no obligation to do so, we do attempt to respond to questions and comments submitted via e-mail. Although we value our customers' feedback, please do not submit any proprietary information, suggestions or materials via e-mail or our website. We are not obligated to compensate you for such submissions, which will become the property of Nautical Luxuries. By submitting such materials, you release your proprietary, intellectual property and all other rights.

Material which violates or infringes upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent or otherwise objectionable, which encourages conduct constituting a criminal offense, gives rise to civil liability or otherwise violates any law will not be posted on or transmitted via our website. We will not permit any conduct that, in Nautical Luxuries’ judgment, restricts or inhibits others from using or enjoying our website.

Copyright

www.nauticalluxuries.com contains copyrighted material, trademarks and other proprietary information including, but not limited to text, software, photos, and graphics. The entire content of our website is copyrighted as a collective work under United States copyright laws. No user may modify, publish, transmit, create derivative works, or in any way exploit any of the content of this website. Except as otherwise expressly permitted under copyright law, no copying, redistribution, publication or commercial exploitation of downloaded material from www.nauticalluxuries.com is permitted without express written permission from us and any other copyright owner.

If any copying, redistribution or publication of copyrighted material is expressly permitted, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made. Each user acknowledges that he or she does not acquire any ownership rights by downloading copyrighted material. The user shall be liable for any damages resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from any uploading, downloading or submission.

Marks

Nautical Luxuries is a Service Mark. All other trademarks, product and company names, and logos appearing on www.nauticalluxuries.com are the property of their respective owners.

Product Liability

We are not responsible for any personal injuries or property damage allegedly resulting from products sold through any of our channels of business. Users should use their best judgment when purchasing a product.

Kids

At www.nauticalluxuries.com we are interested in protecting the safety and privacy of children. Please obtain permission from your parents or guardians before using this website. We encourage parents to participate in their children's activity on the Internet and use filtering software if appropriate.