Privacy Policy

JPY, LLC d/b/a On The Water (the "Company" or "we" or “us” or “our”), operator of this website located at [https://www.onthewaterdocks.com/] and any affiliated internet domain names, associated web pages, features, and functions (the “Website”), has enacted this Privacy Policy (this “Privacy Policy”), effective as of the date set forth above, to demonstrate the Company’s commitment to the protection of the Personal Data (as defined below) of our customers and the users of this Website, our services (“Services”) and platform.  Any reference in this Privacy Policy to “users”, “you”, or “your” shall mean the individual that is accepting the terms of this Privacy Policy or the entity for which you are acting on behalf of and are representing and warranting that you are authorized to bind such person or entity to this Privacy Policy on its behalf.

Please read this Privacy Policy carefully to understand our policies regarding the handling and processing of your Personal Data and our practices and procedures for securing and protecting the same. By using our Website, you agree to this Privacy Policy and its terms and conditions, as such Privacy Policy may be amended, supplemented, or otherwise modified from time to time in accordance with its terms (See Modifications, Changes and Updates to Our Privacy Policy). 

Personal Data We Collect and How We Collect It.

This Privacy Policy applies to the following types of personal information and personally identifiable information that users may provide to us when contacting us, interacting with our Website, engaging our Services, or consuming our content: (i) user-specific information, whether general and nondescript or personal and private, that users may provide to us through virtual interactions with our Website, engagement of our Services, consumption of our content, or through direct interactions with us by telephone, text message, email, letter, or other methods of direct communication; (ii) all information we collect, as a controller, automatically when you contact and interact with us and third party websites used in conjunction with our Website; and (iii) all information collected by third parties (collectively, “Personal Data”).  

This Privacy Policy also describes and is intended to apply to all types of Personal Data including generic information about users that is readily available to the public and, where applicable in this Privacy Policy, that sensitive personal information more fully described herein, including, but not necessarily limited to, your name, mailing address, email address, other contact information, financial and payment information, geolocation and demographic information, and other unique and personally identifiable information under any relevant law related to privacy or the protection of Personal Data that we may collect, use, retain, protect, store, disclose and transfer consistent with the terms of this Privacy Policy.  This Privacy Policy does not apply to Personal Data that we may collect offline or through any other applications or websites, including third-party websites which may be accessed through the interaction with our Website, and other non-identifying personal information that you provide to or is collected by any third party (See Third-Party Collection of Personal Data).

Personal Data You Provide to Us Directly

We may ask you to provide Personal Data by which users may be personally identified when users virtually interact with us on our Website and engage with us or representatives of the Company.  The Personal Data we may ask you to provide to us includes, but may not be limited to: 

  • Personal information that identifies, relates to, describes or is capable of being associated with a particular individual such as an individual’s name, mailing address, email address, telephone number, or fax number, records of your correspondence in the event you contact us;

  • Information that is provided to us by users when communicating and interacting with us directly, engaging our Services, filling out online forms and responding to certain digital prompts on our Website, and consuming or posting content on our Website or the social media pages owned and operated by the Company;

  • Payment information and other financial information a user may provide to us as part of a user’s interaction with our Website, including forms of payment, account numbers, credit or debit card numbers, credit or debit card expiration dates, credit or debit card verification values (CVV), information necessary to process payments, the dates and amounts of payments, and other bank information and transaction details; 

  • Physical information about a user’s location and the location of a user’s device; 

  • Personal Data that is provided to us for publication or display on public areas of our Website and transmitted at a user’s own risk (collectively, "User Contributions").  

  • Information related to users’ internet connection and network activity including certain unique mobile device and other online identifiers, Media Access Control address, Internet Protocol address, information about users’ operating systems, information about users’ internet browser types and activity, and other information regarding your interaction with our Website.

We understand the sensitive nature of our supporters’ Personal Data, which is why we will not collect that certain Personal Data in the absence of a user’s affirmative consent when first required to do so by applicable law. Your continued use of our Website following the posting of changes or your receipt of notice of material changes constitutes your acceptance of such changes. For a more fulsome description of how you can “agree” or “disagree” to our collection of this Personal Data, please proceed to the section of this Policy entitled Your Choices About Our Collection, Use, and Disclosure of Your Personal Data.

Automatic Personal Data We Collect

Please note that we may employ certain automatic collection technologies to monitor Personal Data when users interact with us and access our Website:

  • Usage Details.  We may automatically collect certain details of your use of and access to our Website, including traffic data, location data, logs, and other communication data and the resources that users access through our Website.

  • Stored Personal Data and Files.  By interacting with us and using our Website, we may also access certain metadata and other Personal Data associated with other files stored on your device. This may include, for example, photographs, audio and video clips, personal contacts, and address book information.

  • Personal Data Collected by Cookies and Web Beacons.  A cookie is a small file placed on your computer, smartphone, or tablet. It may be possible to refuse to accept mobile cookies by activating the appropriate settings on your device. However, a user may be unable to access certain parts of our Website in the event this setting is selected. Web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) are small pieces of code belonging to a third party that can be embedded on websites and within emails, which allow us to quantify the number of users visiting our Website, analyze the character of said users, and monitor other general statistics and key performance indicators of our Website (e.g., recording the popularity of certain content and verifying system and server integrity).

Users may opt out of the automatic collection of their Personal Data at any time by following the “Opt-Out” instructions included in this Privacy Policy below and on our Website; provided, however, opting out of the collection of certain geolocation Personal Data will disable its features and benefits.

Third-Party Collection of Personal Data

Certain third parties may use automatic Personal Data collection technologies to collect Personal Data about users and their devices when users contact us directly or interact with our Website. Some of these third-party data collection organizations include, but are not limited to: 

  • Advertisers and advertising networks and servers;

  • Analytics companies;

  • Mobile device manufacturers; and

  • Mobile service providers.

These outside entities may utilize tracking technologies to collect certain Personal Data and other miscellaneous information about users who interact with our Website. The information these third parties collect may be associated with users’ Personal Data described in this Policy, or they may collect certain Personal Data about a user’s online activities over time and across various websites, mobile applications, and other online websites and services. These third parties may also use the Personal Data they collect to deliver interest-based advertising or other targeted content to certain users. 

We do not control these third parties' tracking technologies or how they may be used. Users should contact the responsible provider directly if there are any questions about advertisements or other targeted content. For information about how you can opt out of receiving targeted advertisements from providers, please review the section of this Privacy Policy entitled Your Choices About Our Collection, Use and Disclosure of Your Personal Data. 

How We Use Your Personal Data.

We use the Personal Data that we collect or that you provide to us, some of which may include your Personal Data, to:

  • Provide you with our Services, content, and any other marketing or promotional messages and notices about our Services, content, and other Personal Data that may be of interest to you through our digital newsletters;

  • Send you notices about your account or subscription, including expiration and renewal notices;

  • Notify you when certain updates are available and of changes to any products or Services that we offer;

  • Carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection; and

  • Fulfill any other purpose for which you provide it.

The Personal Data that we collect helps to develop our Website by giving us the ability to estimate our digital footprint and the usage patterns of our supporters, monitor the size and characteristics of the users of our Website, and store Personal Data about the personal preferences of our supporters to customize their interaction with our Website. The cumulative effect of our collection of certain Personal Data, some of which may include that certain Personal Data described herein, helps to customize our Website according to a user’s individual interests and enhance their overall experience when they contact us and interact with our Website by creating a frictionless user-experience.  We may use the Personal Data that we collect to display advertisements to our advertisers' target audiences. Even though we do not disclose your Personal Data for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.

Our Disclosure of Your Personal Data.

Stewardship of your Personal Data is critical to us and a responsibility that we embrace and take seriously.  We believe that your Personal Data should receive the same legal protection regardless of whether it is stored on our Website, our network, or on your home computer’s hard drive. We will abide by this Privacy Policy and our strict principles of disclosure when receiving, scrutinizing, and responding to any requests for your Personal Data.  In response to any such requests, we may disclose aggregated Personal Data about our users and information that does not identify any individual or device without restriction. Additionally, we may disclose certain limited Personal Data that we collect or you provide to us:

  • To our subsidiaries and affiliates or to third-party marketers;

  • To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep Personal Data confidential and use it only for the purposes for which we disclose it to them;

  • To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of the Company’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by the Company and our users is among the assets transferred;

  • To third parties to market their products or services to you if you have consented to or not opted out of these disclosures. We contractually require these third parties to keep personal information confidential and use it only for the purposes for which we disclose it to them. (See Your Choices About Our Collection, Use, and Disclosure of Your Information);

  • To fulfill the purpose for which you provide it and for any other purpose disclosed by us when you provide the information;

  • To our audience as customer testimonials, which could include your Information, so long as your consent is obtained prior to posting such Information;

  • To comply with any court order, law, or legal process, including to respond to any government or regulatory request, protect any person from death or serious bodily injury, prevent fraud or abuse of the Company or our users, and protect the Company’s rights, property, safety, or interest; or

  • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

Your Choices About Our Collection, Use, and Disclosure of Your Personal Data.

We strive to provide users with choices regarding the Personal Data that is provided to us.  This section describes the mechanisms we provide for users to control certain uses and disclosures of their Personal Data. 

  • Tracking Technologies.  Users can set their internet browsers to refuse all or some internet browser cookies or to create an alert when cookies are being sent.  Users can also choose whether to allow our Website to collect Personal Data through other tracking technologies by following the “Opt-Out” provisions located on the Website.  Some parts of our Website may be inaccessible or not function properly in the event internet browser cookies are disabled or refused or  a user blocks the use of other tracking technologies.

  • Personal Data.  Users with an account profile registered on our Website may access, review, and update certain Personal Data previously provided to us by logging into the user’s registered account and using the available features and functionalities.

  • Location and IP Address Personal Data.  Users can choose whether or not to allow our Website, to collect and use real-time information about the location of a user’s device by updating the device's privacy settings.  By clicking “I agree” on our Website, you accept and agree to our collection of Personal Data.  In the event a user blocks the use of location information, some parts of our Website and related Services may become inaccessible or not function properly.

  • Promotion by the Company.  In the event users of our Website do not wish for us to use their Personal Data or other identifying personal information to promote our Services and related products or the Services and products of third parties, users can opt-out by following the “Opt-Out” provisions described in this Privacy Policy and on our Website.  

  • Targeted Advertising by the Company.  Should users not want us to use the Personal Data that is collected by or provided to us to deliver advertisements based on our advertisers' target-audience preferences, users may decline to have their Personal Data collected for this purpose by following the “Opt-Out” provisions described below and on our Website. 

  • Profiling by the Company.  If users do not want us to use the Personal Data that we collect or that is provided to us to profile through solely automated means in furtherance of decisions with legal or similar effect, users can opt-out by following the “Opt-Out” provisions described below and on our Website.  

  • “Do-Not-Track” Browsers.  Some internet browsers transmit “do-not-track” signals to certain websites. Please note that we do not act in response to these signals currently on account of certain differences in how some internet browsers incorporate and activate this do-not-track feature.

  • Right to Appeal.   If your data privacy rights request has been denied, you may have the right to appeal such decision. The request for appeal must be submitted within a reasonable time after receipt of a decision made by us on your request.  You can exercise your right to appeal by replying directly to the email you are appealing.  

Users can also always opt-out of any collection, use, or disclosure of their Personal Data by logging into their account profile registered on our Website and adjusting the Personal Data collection setting by checking or unchecking the relevant user-preferences located on the user’s account profile or by sending an email to us simply stating the user’s request to opt-out.  Please understand that we do not control the third-party collection or use of users’ Personal Data for purposes of specifically tailored interest-based advertising.  However, these third parties may provide users with options to opt out of having their Personal Data collected or used in this way. You can opt out of receiving targeted advertisements from members of the Network Advertising Initiative by visiting the NAI’s website (included here). 

Accessing and Correcting Your Personal Data.

Users can review their Personal Data, modify their accessibility settings, and correct, limit, or delete the Personal Data on their account profile registered on our Website by visiting their account profile and updating the relevant user-preferences. Users may also email us to request access to, correct, obtain a copy of or a summary of, or delete any Personal Data provided to or collected by us.  We cannot delete user Personal Data or other generic user information except by deleting users’ account profiles.  The Company hereby reserves the right to refuse to accommodate a request to change a user’s Personal Data if we believe the change would violate any law or legal requirement or cause the Personal Data to be incorrect.

If User Contributions and other user-created content is deleted from the Website, copies of User Contributions and such content may still remain viewable in cached and archived pages or may have been copied or stored by other users of the Website. Proper access to Personal Data and use of the same provided on the Website, including User Contributions and user-created content, is governed by our Terms and Conditions of Service, a copy of which can be found on our Website.

Your State’s Privacy Rights.

You may have specific privacy rights in your state or region that provide users with additional rights regarding our use of their Information. For example, in the United States, residents of California have specific privacy rights under the California Consumer Privacy Act (CCPA). To learn more about consumer privacy rights in other states, please consult the International Association of Privacy Professionals’ website for a complete list of privacy laws in the United States.

Children’s Privacy.

We do not knowingly collect or solicit any Personal Data from children under thirteen (13) years of age; if you are a child under the age of thirteen, please do not attempt to use our Website, register for or use our Services, view our content, send any personal, private and sensitive Personal Data, or otherwise interact with us through our Website in any way. If we become aware that any Personal Data, sensitive and private or not, has been collected from a child under thirteen years of age without parental or guardian consent, we terminate that account immediately (where that child has an account with us) and delete any Personal Data as quickly as possible.

In the limited and exceptional circumstances that we may need to collect any degree of Personal Data from minors (such as features addressed to families, as applicable), we shall strictly adhere to the principles of legality, necessity, clear purpose, openness, transparency, and security, and we take strict measures to protect such Personal Data.  

Should you have any questions or concerns regarding our protection of children’s Personal Data, or if you (in your capacity as the parent or guardian) wish to delete or correct any Personal Data of a minor child, please send us an email at the email address below or included within the “Contact Us” page of our Website.

Personal Data Security.

The Company has implemented commercially reasonable and appropriate technical, physical, and administrative security measures designed to secure users’ Personal Data from accidental loss and from unauthorized access, use, alteration, modification, and disclosure of Personal Data.  Despite storing users’ Personal Data on secure servers, or those of third parties providing us with IT-related services or resources, and protecting user’s Personal Data further through modern access control methods, the ultimate safety and security of users’ Personal Data depends on the efforts of the user. Where and to the extent it is applicable, users are responsible for keeping certain Personal Data and Website-related access credentials confidential.  We ask users to not share certain Personal Data that is used in connection with accessing and interacting with our Website with anyone and we urge users to be careful about giving out their Personal Data in public areas of our Website as Personal Data shared in public areas may be viewed by any user of the Website and the internet generally.

In an effort to further protect users’ Personal Data, the Company will conduct a data protection assessment, when required by applicable law, of how we process our users’ Personal Data and other identifying personal information that we may collect, treat, and handle.  The purpose of the data protection assessment is to examine how we deal with our users’ Personal Data in relation to targeted advertisements, profiling of information, and the sale, transfer, or disclosure of Personal Data that we collect in hopes of determining whether there are any present or foreseeable risks to the public of either unfair, deceptive or unlawful treatment of their Personal Data, physical or financial harm users of the Website and any individual or group of individuals, or any other intrusive or substantial harm to any person.

Unfortunately, no data security system is perfect, and the transmission of Personal Data via the internet and mobile platforms is not completely secure.  Although we do our best to secure and protect each user’s Personal Data, we cannot guarantee unequivocally the security of all Personal Data when transmitted to us or another individual by way of our Website due to the internet’s intrinsic vulnerabilities.  Any transmission of Personal Data is made at the risk of each individual user, and we are not responsible for the circumvention of any privacy settings or security measures we provide, nor are we responsible for the privacy practices of external and third-party websites linked from our Website.

Modifications, Changes, and Updates to Our Privacy Policy.

We update this Privacy Policy from time to time at our discretion and will notify you of any material changes to the way in which we treat your Personal Data by posting a notice on our Website and other relevant areas.  We will also provide notice to you in other ways, at our sole discretion, through the contact information provided to us by each user.  Any updated version of this Privacy Policy will be effective immediately upon the posting of the revised Privacy Policy unless otherwise specified.  

Acceptance of Privacy Policy Terms.

Your use of our Website indicates your acceptance of the terms of this Policy.  Your continued use of the Website after the effective date of any revised version of this Privacy Policy will constitute your acceptance and consent to such updates.  However, we will not, without your consent, use your Personal Data provided to us for any reason other than what was stated at the time the Personal Data was collected.

Contact Us.

We welcome your questions, comments, suggestions, and concerns regarding this Privacy Policy, our practices and procedures related to privacy and our protection of Personal Data, or our users’ dealings and interactions with our Website.  If users wish to inquire about our policies and procedures related to how we process and handle Personal Data, please contact us by email at sales@onthewaterdocks.com or write to us at 51237 North Lake Shore Drive, Fremont, NE 68025.

© 2024 JPY, LLC

All rights are hereby reserved by JPY, LLC, a limited liability company organized under Nebraska law.