PRIVACY POLICY

Last Updated December 5, 2024

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Bayside Village Marina LLC (the “Company” or “we” or “us”) owns, and through its property management company, Terra Vista Management, Inc. (“TVM”), operates Bayside Village Marina located in Newport Beach, California, and believes in protecting personal information and privacy.

We take pride in the relationships we have been able to build with our customers, and we have established the following Privacy Policy (“Policy”) for their benefit and protection. Please read this Policy carefully and in conjunction with our Terms of Use and ensure that you understand this Policy and such terms before you start to use our Website (as defined below) or our services.

This website, https://www.baysidevillagemarina.com,  and any related social media and online locations such as Facebook, X (formerly known as Twitter), Instagram and YouTube, and any subdomains, content services thereof, or any other replacement website (individually and collectively, the “Website”) is managed by TVM, as property manager for, and on behalf of, Bayside Village Marina LLC.

By accessing and using our Website or services, you acknowledge that you have read and understood the content of this Policy. Accordingly, if you do not agree to the terms of this Policy, do not use our Website or services.

If you have a question regarding this Policy, please check the information posted on this Website or contact us as follows:

Terra Vista Management, Inc.

Attn: Privacy Administrator

445 Marine View Avenue, Suite 110

Del Mar, CA 92014

Telephone: 800-946-9179

Email: privacy@terrav.com

You may print a copy of this Policy by clicking here. If you have a disability, you may access this Policy in an alternative format by using the AccessiBe tool on this Website. An AccessiBe Icon is present on this Website in the lower right corner to adjust the settings as needed.

I. Collection of Information

1. Categories of Information We Collect

We collect the following categories of information:

• Identifiers, such as a first name, last name, email address, physical address, including your street, city and zip code, and/or account name
• Personal information categories, such as names of slip or storage unit renters, signatures, telephone or mobile number, driver’s license or passport information, boating license information, emergency contacts, and other forms of documents to verify identities
• Commercial information, such as records of reservations, purchased, obtained, or considered, including but not limited to, the type of boat, year of manufacture, size, weight or displacement, model, boat registration and license number and any other unique identifiers, insurance information, dry storage unit rental information, rates, financial records, social security numbers, rental histories and credit checks, full or partial payment card information or other information relating to payment methods, boat service requests, incident reports, safety compliance, complaints, compliance with rules and regulations
• Internet or other similar network activity, such as browsing history or information on your interaction with a website or application
• Geolocation data, such as physical location
• Sensory Data, such as a photograph, or a video or audio recording, including security surveillance
• Inferences drawn from other personal information, such as personal information reflecting a person’s preferences

We do not (and do not want to) collect any sensitive data that includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, genetic, or biometric data.

2. Source of Personal Information We Collect

We directly collect personal information from you when you interact with our Website:  

• Information that is provided when a reservation for boat slips or dry storage units is made online or in person
• Information is requested or a product or service is purchased from us, including names, addresses, telephone numbers, email addresses, license plate numbers, boat license numbers, passwords, and payment information
• Information that is provided when you respond to customer surveys, and when customers and guests register at the front desk or visit the management office, fill out forms or otherwise share information
• Information that you provide to our third-party service providers
• Photos, videos and other digital media taken by us of guests or visitors visiting our property or boaters at our property and facilities. If you would like us to remove any photo or video of you, please contact us at privacy@terrav.com in writing
• Digital images and photos that people post when they interact with or post to our social media accounts
• Information you provide when you create an account with us.

Creating an Account

We may require or allow the creation of an account with us when making a reservation on our Website or by phone or in person, as applicable. Our reservation process may require customers to provide a name, a mailing address, a telephone number, cell phone, email address, and password, as applicable. By creating an account with us, we can provide a better, simpler, and more interactive experience. The contact information provided will be used to contact the account holder regarding the status of a reservation or order for boat slips or dry storage units, answering questions, and, unless the account holder has chosen to opt-out, to send communications about upcoming special rates and promotions, product information, and similar notifications.

By creating an account, the account holder acknowledges and agrees to be responsible for maintaining the confidentiality of their account information and password. If you maintain a password-protected account, you may review and make changes to certain information such as your name and address through that account. The account holder cannot share their login credentials with multiple users. The account holder also acknowledges they are responsible for all use of our Website and activities that occur under the account.

We indirectly collect personal information from you when you interact with our Website or open emails from us, and it can include device and usage information or information obtained through technologies like cookies.

3. Device and Usage Information

Device and Usage Information that we collect consists of:

• Information About your Device: information about the devices and software you use to access our Website. This primarily includes the internet browser or mobile device on which you use your IP address or device ID (or other persistent identifiers that uniquely identify your computer or mobile device on the Internet), and other similar technical information.
• ·Usage Information: information about your interactions with the Website. This includes analytics such as device type, access dates and times, and hardware and software information. We use this information to administer and improve the Website, analyze trends, track visitors’ use of the Website, and gather broad demographic information for aggregate use.
• Location Data: we may collect your location data through your IP address or if your mobile device permits such collection.

While we may temporarily collect this information while you are using our Website to facilitate usage, we do not log or retain it or associate it with other information we collect about you.

4. How We Use Customer Information.

We or our agents may access customer information, unless prohibited under applicable law, for the following purposes:

• To process customer reservations and participation in activities and events, and provide the customer with products and services;
• To analyze, optimize, and improve the online experience, products, services and facilities;
• To communicate with customers regarding a reservation, account, transaction, and information requests relating to the property, boat slip or dry storage unit rental;
• To post online or in other promotional materials the names, photos, videos, and other digital media of our customers, boaters, dry storage unit renters, and guests taken while at our property;
• To provide information regarding features on our Websites or changes to our policies;
• According to choices and controls that may be selected: To send users emails, offers, and promotions for our products and services; and
• To personalize content and experiences on our Website.

5. Disclosing Your Information

We may disclose your personal information as follows:

Service Providers

We may disclose your personal information with our service providers to provide services on our behalf, including but not limited to handling customer support inquiries, processing transactions, database management and digital marketing. Those companies will be permitted to obtain only the personal information they need to perform the service requested. We may also disclose your information to our third-party payment processors. In these instances, we only collect the billing address, first and last name and the last four digits of your payment card. In other instances, we may collect full payment card information, including all digits on the payment card. Please refer to the relevant third-party payments processors’ policies to see how they handle your personal information.  

Business Transfers

If we are involved in a merger, acquisition, sale, or financing of all or a portion of our assets, your personal information may be transferred as part of that transaction, but we will notify you (for example, via email and/or a prominent notice on our Website) of any change in control or use of your information or if either become subject to a different privacy policy. We will also notify you of choices you may have regarding the information.

Business Affiliates

We may share your personal information with our business affiliates as necessary or appropriate to enhance your experience and provide you with tailored services or to manage our relationship with you. We utilize the property management services of TVM, which may assist us with various business operations such as managing reservations, boat slips, dry storage unit rentals, and customer experiences, operations, marketing, analytics and other support services. TVM maintains the protection of such personal information in accordance with this Policy.

Complying with Legal Obligations and Security

We reserve the right to use or disclose information, including personal information, if required by law or if we reasonably believe that use or disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, subpoena, or legal process. In certain situations, we may be required to disclose your personal information in response to lawful requests by the government or public authorities, including to meet or assist national security or law enforcement requirements.

We also may disclose your information in the process of detecting and investigating fraud, security incidents and potentially illegal or prohibited activities, or to protect the safety or security of the Website and/or services or to prevent spam, abuse, or other malicious activity of actors with respect to the Website and/or services, to protect our rights or property and/or the rights or property of those who use the Website and and/or services.

II. Advertising and Cookies

1. Cookies

For more information on the types of cookies we use and the choices that you have to manage your cookie preferences, please visit our Cookie Policy.  

2. Advertising

We do not sell your personal information to third parties for profit. We use online analytics to measure the ways users engage with our Website, services, and to provide targeted marketing. These analytics, in turn, inform how we perform online advertising. In order to provide these analytics for cross-contextual behavioral advertising and facilitate online advertising, we may use third parties that collect device identifiers and place tags, cookies, beacons, and similar tracking mechanisms on our digital properties and on third-party digital properties as set forth above. 

3. Third Parties

Our Website may offer social sharing features or other integrated tools, including links to other websites, which let users share actions taken on the Website with social media providers such as Instagram, Facebook, X (formerly known as Twitter) and vice versa. The use of such features enables the sharing of information with “friends” or the public, depending on the settings the user establishes with the third party that provides the social sharing feature. In addition, our Website includes Google Analytics code that allows Google to collect certain data about your use of the Website, such as your IP address and which page you are visiting on our Website. Google Analytics may set a cookie that enables Google Analytics to track your use of our and other websites. You can learn more about Google Analytics’ use of cookies by visiting the Google Privacy and Terms page at http://www.google.com/policies/. You may opt-out of Google’s use of cookies by visiting the Google advertising opt-out page at https://www.google.com/privacy_ads.html or the Google Analytics Opt-out Browser Add-on at https://support.google.com/analytics/answer/181881?hl=en.

These third-party services may collect information about your online activities over time and across different websites or online services when you use our Website. For more information about the purpose and scope of data collection and processing in connection with social sharing features, please visit the privacy policies of the third parties that provide these features.

4. Direct Marketing

Our communications to you for marketing purposes will contain instructions on how you can opt-out from receiving future communications, and if you consent to our use of your personal information for marketing purposes, you may always withdraw your consent by clicking “Unsubscribe” link found at the bottom in the marketing emails and newsletters or you may contact us at privacy@terrav.com.

III. Your Rights

1. Your Privacy Rights  We collect various categories of personal information when you use our services, including identifying information, financial information, purchase histories, and internet activity. The purpose of this collection is to assist in our performing services for consumers, including but not limited to transacting business with consumers, detecting security incidents, protecting against fraudulent or illegal activity, engaging in marketing efforts, and advancing our commercial interests. A more detailed description of the information we collect and how we use it is provided in Section I, Collection of Information. It describes the categories of third parties with whom we disclosed personal information, and what information may be disclosed under different circumstances.

You may have certain privacy rights relating to your personal information as described below, based on applicable laws. If you would like to exercise these rights and submit data requests, please email us at privacy@terrav.com.

• Right to access. You can request to access the personal information we have collected, used, or otherwise processed and you can confirm what personal information has been collected.
• Right to correct inaccuracies. You can request that we correct any inaccurate personal information we may have. 
• Right to delete. You can request deletion of your personal information.

When we receive your request, we will first verify your identity by asking you to provide your name, and the email address and phone number reflected in our records. Once we have verified your identity, we will promptly fulfill your request.

We will not discriminate against you in a manner prohibited by applicable state laws because you exercise your privacy rights. We welcome you to exercise any privacy rights, applicable to you. We provide users certain controls and choices regarding our collection, use, and sharing of information as set forth in our Cookie Policy.

2. Do Not Track

We may track users’ use of services on this Website, but do not track users across third-party websites. We do not currently respond to browser Do Not Track (DNT) signals. For more information on DNT settings generally, please visit https://allaboutdnt.com.

3. Nevada Consumers.

Pursuant to the Nevada Revised Statutes Chapter 603A, we do not currently engage in the sale of any covered information, according to the statute’s defined meaning of a “sale.”

IV. Children’s Personal Information

We recognize the utmost importance of the need to protect the personal information of children. For this reason, except as stated below, we do not target our services on this Website to anyone under the age of 13. If we do collect personal information from a child under 13 years old, we may maintain that information only as long as it is reasonably necessary as required by law, or with express parental consent as set forth below. If we discover we possess information from a child under 13 inconsistent with our data practices and applicable laws, we will seek to delete the information immediately.

From time to time, we take photos and videos of visitors at our property. If the photos and videos may include children under 13, please contact us at privacy@terrav.com to request the removal of such information from the applicable Website.

Any parent/legal guardian can review or have deleted from Website his or her child’s images and other personal information and refuse to permit its future collection or online use. Please email privacy@terrav.com to request a deletion from the Website of your child’s image and other personal information and/or to refuse to permit any future collection or online use.

Should an individual have any inquiries or concerns about information concerning children under the age of 13 years or about our privacy practices in general, they can direct all their inquiries to:

Terra Vista Management, Inc.

Attn: Privacy Administrator

445 Marine View Ave., Suite 110

Del Mar, CA 92014

Telephone: 800-946-9179

Email: privacy@terrav.com

V. Data Security, Integrity, and Retention.

We are committed to the security, integrity, and confidentiality of our users’ information. We have appropriate physical, administrative, electronic, and technical security measures which are designed to protect our users’ personal information from unauthorized viewing, access, disclosure, use, and modification. We periodically review all security procedures to consider appropriate new measures which become available to us. In addition, we limit access to your personal information to those employees, agents, contractors and other third parties who have a business need to know. Despite all efforts, however, no security measures are perfect or impenetrable.

We will retain users’ personal information for as long as necessary to fulfill the purposes for which we collected it in the first place, including for the purposes of fulfilling any requests, and satisfying any legal, accounting or reporting requirements. We strive to dispose of all personal information in a secure manner when the information is no longer reasonably necessary.

VI. Changes to this Policy.

We may change this Policy to accommodate new technologies, adjust to new industry practices, or to abide by regulatory requirements. Changes are generally intended to provide greater protections of personal information, or for other purposes. When we materially change this Policy, we will provide notice to customers, if and to the extent required by applicable law. Your continued use of our products or service, including use of the Website, after the effective date of the change will constitute acceptance of the change. We may provide such notice by email, by posting the notice on our Website, or by other means consistent with applicable law.

VII. Contact Information

If you have any questions or concerns regarding this Policy or the privacy of your personal information, you can request more information or ask questions using the contact information provided below:

Terra Vista Management, Inc.
Attn: Privacy Administrator
445 Marine View Ave., Suite 110
Del Mar, CA 92014
Telephone: 800-946-9179
Email: privacy@terrav.com