Policy Effective: May 16,2023

Welcome to Apex Yacht Finance, LLC, a Florida limited liability corporation (“APEX YACHT FINANCE” or the “Company” or “we” or “us”).  We have developed this Privacy Policy (the “Privacy Policy” or “Policy”) to inform you how we will collect, process, store and/or use information (the “Information”), including personally identifiable information, you submit, or we collect from you through the Company’s websites, mobile applications, telephonic communications, and email communications (the “Information”).  The internet address for the the Company’s website is located at www.apexyachtfinance.com, and associated subdomains (the “Site”).

This Policy does not apply to information collected by us offline (except telephonic communications) or through any other means, including on any other website operated by us or any third party; including through any application or content (including advertising) that may link to or be accessible from the Site.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Site.

This Policy is governed by United States law. Please read it carefully. By using the Site, you are accepting the practices described in this Policy and accept its terms. You also give your express permission for us to collect, process, store, and use Information in accordance with this Policy.

The Company reserves the right to modify or amend this Policy at any time, but should it be necessary to do so, will notify you of any material changes to this Policy by email,by posting such changes at the Site or by other acceptable means.

All amended terms will automatically take effect thirty (30) days after we provide such notice, or on a date that we specify in the notice. Each version of the Policy is identified at the top of the page by its effective date. Your continued use of the Site after changes have been posted constitutes your acceptance of the Policy as amended. If you do not agree to the changes, please do not use the Site.

INFORMATION SUBMITTED BY YOU

Information That You Provide To Us. We may ask you to provide us with, and we may automatically collect thefollowing Information: name, address, email address, telephone number, mobile phone number, information on the prospect/client (this includes employment, financial information, credit information, boating experience, and any related and pertinent information needed to obtain financing as well as insurance), information on the vessel (including, hull numbers, price paid, receipts/invoices, past insurance information), application version, and device type. The Information referenced in this paragraph that is provided by you is referred to as “Personally Identifiable Information.”

Social Media. You may create an account using your existing Facebook account. Should you choose to do so, the Company may acquire personal information contained within your Facebook user profile, including, without limitation, your image, email address, contact information and Facebook User ID.

Responsibility for Information Provided. You are responsible for the content of the Personally Identifiable Information and you must ensure it is legal, honest, truthful, accurate and not misleading in any way. You must ensure that the Personally Idenfiable Information provided by you does not infringe on any rights of any third party (including, without limitation, rights of confidentiality), or is otherwise legally actionable by such third party. 

No Obligation. Use of the Site is entirely voluntary. Submission of Provided Information does not establish any obligation not listed in this Policy.

USER CHOICES

You have the ability to review and request changes to Provided Information by submitting an email to the following email address: office@apexyachtfinance.com

PURPOSES OF INFORMATION COLLECTION, PROCESSING, AND/OR USE

We use Information to provide you with a superior experience, and, as necessary, to administer our Company. We use your Information in the following ways:

• Provide the most suitable financing for your vessel through our financing partners;
• Create insurance quotes, proposals, and documentation for you (if you choose to be provided such quotes and proposals);
• To allow you to be contacted by a third party insurance company (if you choose to be so contacted);
• Provide notices about your financing or insurance request;
• Provide client service and/or marketing products or services;
• Administer, enhance, and communicate with you regarding the Company’s events, marketing, and advertising; and/or
• Make communications necessary to notify you regarding order confirmations, products, services, market research, requests, fraud, marketing, security, privacy, and administrative issues.

RETENTION OF INFORMATION

We will retain and use Information as necessary as long as your account is active, it was reasonably useful for commercial purposes, and/or to comply with our legal obligations, resolve disputes, and enforce our agreements.

INFORMATION SHARING

We may share Information as follows or as otherwise described in this Policy:

• With suppliers, business partners, vendors, consultants and other service providers, subsidiairies, and affiliates who need access to such information to carry out work on our behalf relating to the Site and the Company, including, without limitation:website operation/hosting, or information technology consulting services; completion of forms; payment processing; customer service; Site maintenance and management; data analysis; fraud screening / protection; product customization; customer service, marketing and promotions; data cleansing (if applicable); legal services; and other administrative and back-up and security services. These third parties do not have the right to use Information we provide them in any way that is not authorized by us or otherwise disclosed in their privacy policies.
• With third party insurance providers to market their products or services to you, if you have not opted out of these disclosures for purposes of creating insurance quotes, proposals, and documentation for you, and/or contacting you (if you choose to be provided such quotes and proposals).
• In response to a request for information if disclosure is required in accordance with any applicable law, legal obligation (e.g. subpoena, warrant or other court and/or governmental order), regulation or legal process, or is otherwise required or permitted by any applicable law, rule or regulation.
• To fulfill the purpose for which you provide it (for example, subscribing to an email newsletter).
• To protect the rights, property, and/or safety of the Company and others, and/or to assist in the investigation of fraud as initiated by the Company, third-party insurance carriers and government agencies.
• In connection with any merger, restructuring, reorganization, sale of the Company, including itsassets, for the purposes of obtaining financing, or the acquisition of all or a portion of our Company to another company. The Company will take commercially reasonable efforts to ensure that information provided to the entities and advisors involved, will be subject to a confidentiality agreement. The Company will only provide you with electronic notice (to you at your email address on file)before Information is finally transferred and becomes subject to a different privacy policy, unless otherwise required by law. Such a transaction may involve us (i) retaining the right to continue to use transferred Information in addition to the right of the transferree to use such Information, and (ii) engaging in additional transfers of Information (including new Information) with the transferree from time to time following such a transaction.
• With others with your consent or at your direction, including if we notify you that the information you provide will be shared in a particular manner and you provide such information.
• For any other purpose disclosed by us when you provide the information.
• With your consent.
• If the Company, in its sole reasonable discretion, believes the health and/or safety of an individual may be jeopardy.

YOUR CALIFORNIA PRIVACY RIGHTS

Under California Civil Code Section 1798.83, you have the right to ask us not to use disclose your Information to third parties for the third parties’ direct marketing purposes (that is, “opt-out”). If you wish to opt-out of sharing your Information with third parties for direct marketing purposes, please send an email to office@apexyachtfinance.com with “Opt-Out” in the subject line. California residents may request further information about our approach to this law by writing to us at the address listed below and requesting further information.

INORMATION STORAGE

All Information is stored on databases and/or servers that are operated by us (such as Bluehost and GoDaddy) or our third party insurance company partners, whose use such Information is governed by our agreements with them.

USAGE OUTSIDE OF THE UNITED STATES

Some services offered by us are intended for use within the United States, and is not intended to be used in any other territory, even though the Site and the Mobile App may function in countries other than the United States. If you use the Site from outside the United States, you explicitly accept that your Information may be transferred to, stored, and processed in the United States, where laws regarding processing of personal information may differ than the laws of other countries. You are responsible for complying with the laws of the jurisdiction in which you choose to use the Site.

You agree not to use the Site in any way that is in violation of the law of any country or jurisdiction. You further agree not to use the Site from a territory that is embargoed by the United States or from which it is illegal to receive products or services from the United States. You further agree to ensure that the Site will not accessed or used by persons on the United States Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals.

NON-PERSONALLY IDENTIFIABLE INFORMATION

The Company may use Non-Personally Identifiable Information for any legitimate business puprose, including for marketing activities.  Non-Personally Identifiable information THAT belongs to a particular user of the service, but is not sufficient to identify, contact or locate the peson to whom such information pertains.  For example, the name and contact information may be removed and replaced with an special customer ID used solely for this purpose, while the remaining information.This information may include data which has been purposefully de-identified.  At no time will any information used in such a manner be attributable specifically to you. 

SECURITY

The Company takes appropriate security measures to secure Information. For example, communications between the Mobile App and our servers are secured over “https” and we hash user passwords that are stored by us. With respect to third parties, we review their privacy practices and require that any Information shared with a third party have the same level of safeguards as those used by us. Note that the transmission of information via the internet is not always completely secure. Although we will do our best to protect Information, we cannot guarantee the security of Information transmitted through the Site.

CHILDREN’S INFORMATION

The Site and Mobile App is marketed for, and directed to, purchase and usage by adults. Individuals under the age of 18 are not permitted to use the Site without the supervision of a parent or legal guardian.

We do not knowingly collect or solicit Information from anyone who we know to be under the age of 13, or knowingly allow such persons to use the Site. Should we learn that someone under the age of 13 has provided Information through the Site, we will remove that Information as soon as reasonably possible. To the extent possible, any Information from anyone who we know to be under the age of 13 will be destroyed.

If you believe we might have any information from or about a child under 13, please contact us at office@apexyachtfinance.com.

CONTACT

Questions and requests related to this Policy may be directed to the postal address listed below, at the following email address: office@apexyachtfinance.com. We will respond to such requests in accordance with applicable law.