Last Updated: 5/25/2018
Pop Sells, LLC (“Pop”, “we”, or “us”) offers a range of services to customers related to the purchase and sales process for boats and RVs. You may interact with Pop and provide us information through our online platform at www.popyachts.com, www.poprvs.com, www.sellboatsandrvs.com, www.wherefreedomtakesyou.com, (and all associated sub-domains), as well as several other websites which will identify themselves as being “a product of Pop Yachts” or “A product of Pop RVs”, such as www.sea-ray.net, www.soldboatprice.com, www.toyhaulersguide.com, and www.sellmyvessel.com (collectively, our “Websites”), or by speaking with our employees and other representatives in support of your purchase or sale (collectively, our “Services”).
What information do we collect?
We collect information about you in various ways when you use our Websites and our Services.
Information you provide
We collect the information you voluntarily provide to us. For example:
- We may collect personal information from you, such as your first and last name, phone number, and email address when you create an account to access enhanced features of our Websites (“Account”).
- If you elect to receive notifications of matching listings, we retain your notification settings so that we may comply.
- If you provide us feedback or contact us via email, we will collect your name and email address, as well as any other content included in the email, in order to send you a reply.
Information collected via technology
We collect certain information automatically via various technological means. We collect information via technology in the following ways:
- Log Files. As is true of most websites, we gather certain information automatically and store it in log files. This information includes aggregate information on the pages customers access or visit, IP addresses, browser type, Internet Service Provider (ISP), operating systems, date/time stamp and clickstream data. We use this information to analyze trends, administer our Websites and better tailor our Services to our users’ needs.
- Pixel Tags. In addition, we use “Pixel Tags” (also referred to as clear Gifs, Web beacons, or Web bugs). Pixel Tags are tiny graphic images with a unique identifier, similar in function to Cookies, that are used to track online actions of users. In contrast to Cookies, which are stored on a user’s computer hard drive, Pixel Tags are embedded invisibly in webpages and emails. Pixel Tags also allow us to send e-mail messages in a format users can read, and they tell us whether e-mails have been opened. We may use this information to reduce or eliminate messages sent to a user.
For a complete overview of all cookies, pixel tags, and analytics used, please see your personal privacy settings.
No special categories of personal data
We do not collect any “Special Categories of Personal Data” about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, criminal offenses, trade union membership, information about your health and genetic and biometric data).
How do we use your personal information?
We will only use your personal data for the purposes for which we collected it as listed below, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose.
What is our “Legal Basis” for processing your personal data?
In respect of each of the purposes for which we use your personal data, the GDPR requires us to ensure that we have a “legal basis” for that use. Most commonly, we will rely on one of the following legal bases:
- Where we need to perform a contract we are about to enter into or have entered into with you (“Contractual Necessity”).
- Where it is necessary for our legitimate interests and your interests and fundamental rights do not override those interests (“Legitimate Interests”). More detail about the specific legitimate interests pursued in respect of each purpose we use your personal data for is set out in bullet form below.
- Where we need to comply with a legal or regulatory obligation (“Compliance with Law”).
We use your personal information in the following ways:
- Facilitate the creation of and secure your Account on our network;
- Identify you as a user in our system;
- We will use your e-mail address to provide you with administrative email notifications, updates on your purchase or sale, matching listings, changes to listings you’ve viewed, or other communications related to your prospective purchase or sale process;
- Provide the Services you request;
- Provide improved administration of our Websites and our Services;
- Respond to your inquires and other requests;
- For fraud protection and/or to verify your identity; and
- Send newsletters, surveys, offers, and other promotional materials related to our Services and for other marketing purposes of POP.
We often receive testimonials and comments from users who have had positive experiences with our Services. We occasionally publish such content. When we publish this content, we may identify our users by their first and last name, and may also indicate their home city. If you prefer your comments not be used, please let us know at the time your comments are provided.
Creation of Anonymous Data
We may create anonymous information records from your Specifications and any personal information we collect by excluding information (such as your name) that makes the information personally identifiable to you. We use this anonymous information to analyze request and usage patterns so that we may enhance the content of our Websites and improve our Services. We reserve the right to use anonymous information for any purpose and disclose anonymous information to third parties at our sole discretion.
What happens when you do not provide necessary personal data?
Where we need to process your personal data either to comply with law, or to perform the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you. For example, we may not be able to provide you with the functionalities of our Websites (e.g., setting up your account or responding to your query) or we may not be able to respond to or fulfill a request you make of us (e.g., list and advertise your boat, or to negotiate an offer).
In this case, we may have to suspend your Account and cancel the fulfillment of our mutually agreed upon contract but we will notify you if this is the case at the time.
Do we share your information with any third parties?
- Third Party Service Providers. We may share your personal information with third party service providers to: provide you with the Services that we offer you through our Websites; to conduct quality assurance testing; to facilitate the creation of accounts; to provide technical support; to advertise our services to you through an ad network, and/or to provide other services to Pop.
How we keep your personal data secure.
- We have put in place commercially reasonable security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed.
- We have put in place procedures to deal with any actual or suspected personal data breach. In the event of any such breach, we have systems in place to work with applicable regulators. In addition, in certain circumstances (e.g., where we are legally required to do so) we may notify you of breaches affecting your personal data.
- We will only retain your personal data for so long as we reasonably need to use it for the purposes set out above, unless a longer retention period is required by law (for example for regulatory purposes).
- We limit access to your personal data to those employees and other staff who have a business need to have such access. All such people are subject to a contractual duty of confidentiality.
How long we store your personal data.
We will only retain your personal data for so long as we reasonably need to use it for the purposes set out above, unless a longer retention period is required by law (for example for regulatory purposes).
Your rights relating to your personal data.
Under certain circumstances, by law you have the right to:
- Request access to your personal data. This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
- Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected.
- Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us to continue to process it. You also have the right to ask us to delete or remove your personal data where you have exercised your right to object to processing (see below).
- Object to processing your personal data. This right exists where we are relying on a Legitimate Interest as the legal basis for our processing and there is something about your particular situation, which makes you want to object to processing on this ground. You also have the right to object where we are processing your Personal Data for direct marketing purposes.
- Request the restriction of processing of your personal data. This enables you to ask us to suspend the processing of personal data about you, for example if you want us to establish the accuracy or the reason for processing it.
- Request the transfer of your personal data. We will provide you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
- Withdraw consent. This right only exists where we are relying on consent to process your personal data (“Consent Withdrawal”).
How to exercise your rights.
If you want to exercise any of the rights described above (except Consent Withdrawal, on which see below), please contact us by e-mail at firstname.lastname@example.org.
Typically, you will not have to pay a fee to access your personal data (or to exercise any of the other rights outlined above). However, except in relation to Consent Withdrawal, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive, or, we may refuse to comply with your request in these circumstances.
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex (a full erasure request is complex) or you have made a number of requests. In this case, we will notify you and keep you updated.
If you feel that your complaint has not been adequately resolved, please note that the GDPR gives you the right to contact your local data protection supervisory authority.
Privacy and third-party links
Online policy only
Do not track signals
Some web browsers may transmit “do not track” signals to the websites and other online services with which your web browser communicates. There is no standard that governs what, if anything, websites should do when they receive these signals. We currently do not take action in response to these signals. If and when a standard is established, we may revise our policy on responding to these signals.