Terms & Conditions
This Privacy Policy describes "Our" (Sailytix LLC) policies and procedures on the collection, use and disclosure of "You"/"Your" (Customer) information when You use the Service and tells You about your privacy rights and how the law protects You.
We use Your personal data in anonymous form to provide and improve the Service. By using the Service, You agree to the collection and use of information in accordance with this Privacy Policy.
Sailytix does not explicitly or implicitly condone using the platform during racing, as any mobile device (not this application) could help competitors communicate with competitors outside of their sailing vessel in contradiction of World Sailing RRS 41. These terms will change when there is an updated application that ensures sailors do not violate this rule.
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalised have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of this Privacy Policy:
Account: means a unique account created for You to access our Service or parts of our Service.
Affiliate: means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Application: refers to Speedbrix and Speedbrix Pro, the software program provided by the Company.
Company: (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Sailytix LLC.
Country: refers to: New Zealand
Device: means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Personal Data: is any information that relates to data that is collected anonymously by the user for the purposes of improving the product.
Service: refers to the Application.
Service Provider: means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analysing how the Service is used.
Usage Data: refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
You: means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Limitations of Liability for Product Purchases from Sailytix
Understanding Our Limits in Product Transactions
When engaging in transactions involving the purchase of products through our Service, it is essential for You to understand the scope and limitation of our responsibilities and liabilities. This understanding is crucial to ensure a transparent and informed experience while using the Application.
Scope of Our Liability
In the context of product purchases, our liability is limited in several key areas:
Product Use and Third-Party Interactions: We are not responsible for any harm or damages that arise from your purchase or use of goods, services, resources, content, or any transactions made in connection with any third-party websites or services. The safe and appropriate use of products purchased through our Application falls under your responsibility.
Accuracy of Information: While we aim to provide precise and up-to-date product descriptions and pricing, we cannot guarantee the complete accuracy of all information available through our Service. Any inaccuracy or error in product descriptions, data, or pricing does not hold us liable.
Service Availability and Interruptions: The continuous availability, uninterrupted access, or error-free functionality of our Service, including the purchasing feature, is not guaranteed. We shall not be liable for any unavailability, interruptions, or errors in our Service.
Dependence on Third-Party Providers: Our Service may include or rely on tools and services provided by third parties. These include, but are not limited to, payment processing and product delivery services. We are not liable for any loss, damage, claims, or expenses resulting from the actions or inactions of these third-party providers.
Limitation of Remedies: We, including our directors, employees, partners, agents, suppliers, or affiliates, shall not be liable for any indirect, incidental, special, consequential, or punitive damages resulting from your use or inability to use the Service, the conduct or content of any third party on the Service, any content obtained from the Service, or unauthorised access, use, or alteration of your transmissions or content. This limitation applies regardless of whether the damages arise under contract, tort, warranty, or any other legal theory, and even if we have been advised of the possibility of such damages.
Compliance with Laws: You are responsible for ensuring that your use of our Service complies with all applicable local, national, and international laws. We bear no responsibility for any non-compliance with these laws.
Your Acknowledgment
By engaging in purchasing products from Sailytix LLC, you acknowledge and agree to our limitations of liability. You understand that, to the fullest extent permitted by law, the Company will not be liable for any claims related to your purchase or use of our products. We encourage you to review the terms and conditions of any third-party providers involved in these transactions.
Collecting and Using Your Personal Data
Types of Data Collected:
Personal Data
While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used for others to contact or identify You. At no time do we transmit this data as a service - the application stores it solely for the use of log files. Personally identifiable information may include, but is not limited to:
Name
World Sailor Id
Usage Data
Usage Data
Usage Data is collected automatically when using the Service.
Usage Data may include information such as Your Device's Internet Protocol address (e.g. IP address), the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers, screen layouts, and other diagnostic data.
When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.
We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.
Use of Your Personal Data
The Company may use Personal Data for the following purposes:
To provide and maintain our Service, including to monitor the usage of our Service.
For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service.
To provide You with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.
To manage Your requests: To attend and manage Your requests to Us.
For other purposes: We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Service, products, services, marketing and your experience.
We may share Your personal information in the following situations:
With Service Providers: We may share Your personal information with Service Providers to monitor and analyse the use of our Service.
With Affiliates: We may share Your information with Our affiliates, in which case we will require those affiliates to honour this Privacy Policy. Affiliates include Our parent company and any other subsidiaries, joint venture partners or other companies that We control or that are under common control with Us.
With business partners: We may share Your information with Our business partners to offer You certain products, services or promotions.
With other users: when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside.
With Your consent: We may disclose Your personal information for any other purpose with Your consent.
Retention of Your Personal Data
The Company will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.
The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.
Transfer of Your Personal Data
Your information, including Personal Data, is processed at the Company's operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.
Your consent to this Privacy Policy followed by Your submission of such information represents Your agreement to that transfer.
The Company will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy and no transfer of Your Personal Data will take place to an organisation or a country unless there are adequate controls in place including the security of Your data and other personal information.
Delete Your Personal Data
You have the right to delete or request that We assist in deleting the Personal Data that We have collected about You.
Our Service may give You the ability to delete certain information about You from within the Service.
You may update, amend, or delete Your information at any time by signing in to Your Account, if you have one, and visiting the account settings section that allows you to manage Your personal information. You may also contact Us to request access to, correct, or delete any personal information that You have provided to Us. Information that is personally identifying is only ever stored on device however, and data collected by the Company is strictly for analytics and service improvement.
Please note, however, that We may need to retain certain information when we have a legal obligation or lawful basis to do so.
Disclosure of Your Personal Data
Business Transactions
If the Company is involved in a merger, acquisition or asset sale, Your Personal Data may be transferred. We will provide notice before Your Personal Data is transferred and becomes subject to a different Privacy Policy.
Law enforcement
Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
Other legal requirements
The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:
Comply with a legal obligation
Protect and defend the rights or property of the Company
Prevent or investigate possible wrongdoing in connection with the Service
Protect the personal safety of Users of the Service or the public
Protect against legal liability
Security of Your Personal Data
The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security, which is in large part a reason why this service was created to be mainly executed on device without data saved to a central database.
CCPA and CPRA Compliance
Your Rights Under the CCPA and CPRA
As a part of our commitment to privacy and in compliance with the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA), we recognise and respect the privacy rights of our users residing in California, USA. This section outlines the specific rights afforded to you under these acts and how you can exercise them in relation to our Service.
Rights Afforded by the CCPA and CPRA
Right to Know and Access: You have the right to request that we disclose certain information about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you the categories of personal information we collected about you, the categories of sources for the personal information, our business or commercial purpose for collecting or selling that personal information, the categories of third parties with whom we share that personal information, and, if applicable, the specific pieces of personal information we collected about you.
Right to Delete: You have the right to request the deletion of your personal information that we have collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.
Right to Opt-Out of the Sale of Personal Information: If we sell your personal information, you have the right to opt-out of the sale of your personal information. We will provide a link titled "Do Not Sell My Personal Information" on our website and mobile application for you to exercise this right.
Right to Non-Discrimination: We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not deny you goods or services, charge you different prices or rates for goods or services, provide you with a different level or quality of goods or services, or suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
Exercising Your Rights
To exercise the rights described above, please submit a verifiable consumer request to us by contacting us through the provided contact information on our website. Only you, or someone legally authorised to act on your behalf, may make a verifiable consumer request related to your personal information. You may only make a verifiable consumer request for access or data portability twice within a 12-month period.
Contact for More Information
If you have any questions or concerns about our privacy practices related to the CCPA and CPRA, please contact us using the contact information provided on our website, or using the contact email: contact@sailytix.com
GDPR Compliance
Commitment to GDPR
In compliance with the General Data Protection Regulation (GDPR), which applies to individuals within the European Union (EU), we are committed to protecting the privacy and security of our users' personal data. This section outlines the rights of our EU users and our obligations under the GDPR.
User Rights Under the GDPR
Right of Access: You have the right to request access to your personal data that we hold and to obtain information about how we process it.
Right to Rectification: If your personal data is inaccurate or incomplete, you have the right to have it corrected.
Right to Erasure ('Right to be Forgotten'): You can request the deletion or removal of personal data where there is no compelling reason for us to continue processing it.
Right to Restrict Processing: You have the right to 'block' or suppress further use of your personal data under certain circumstances.
Right to Data Portability: You have the right to obtain and reuse your personal data for your own purposes across different services.
Right to Object: You have the right to object to the processing of your personal data in certain situations, such as for direct marketing purposes.
Our Obligations Under the GDPR
Lawful Processing: We are committed to ensuring that the collection and processing of your data are conducted in a lawful, fair, and transparent manner.
Data Minimisation: We only collect and process personal data that is necessary for the purpose for which it is obtained.
Data Security: We implement appropriate technical and organisational measures to ensure a level of security appropriate to the risk, safeguarding the personal data from unauthorised or unlawful processing, accidental loss, destruction, or damage.
Breach Notification: In the event of a data breach, we will notify you and the appropriate authorities as required by the GDPR.
Transfer of Data: We take appropriate measures to ensure that data transferred outside the EU is subject to an adequate level of protection.
Exercising Your GDPR Rights
To exercise any of your rights under the GDPR, please contact us using the contact details provided on our website. We may require verification of your identity for security purposes before responding to your request.
CalOPPA Compliance with Underage Users
Commitment to Protecting Minors' Privacy
In line with the California Online Privacy Protection Act (CalOPPA), and recognising our future plans to collect personal information from users under the age of 18, we are committed to protecting the privacy of underage users. This section explains how we handle personal information for these users and outlines our practices to ensure compliance with CalOPPA.
Practices for Underage Users
Parental Consent: For users under the age of 18, especially those under 13, we will implement measures to obtain verifiable parental consent before collecting personal information. This may involve age-verification mechanisms and direct communication with parents or guardians.
Privacy Notice for Minors: Our Privacy Policy will include a specific section addressing the collection of information from minors. This will cover the types of information collected, the purposes for such collection, and how the information is used and shared.
Control for Parents or Guardians: Parents or guardians will have the right to review the personal information collected from their children and request its deletion or refuse to permit further collection or use of the information.
User Rights and CalOPPA Requirements
Access to Information for Minors: Underage users or their parents/guardians can request and obtain information about the categories of personal information collected, shared, and the third parties with whom we shared such information.
Online Privacy Policy Updates: Any changes to our policies or practices regarding minors' data will be clearly communicated through updates to our Privacy Policy. These updates will be made accessible on our website, with significant changes notified through a prominent notice.
Exercising Rights Related to Minors' Data
To exercise rights related to the personal information of a user under the age of 18, parents or guardians can contact us using the contact details provided on our website. We are committed to providing a responsive and respectful approach to privacy concerns for our underage users and their parents or guardians.
Children's Privacy
Our Service does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 13 without verification of parental consent, We take steps to remove that information from Our servers.
If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require Your parent's consent before We collect and use that information.
Links to Other Websites
Our Service may contain links to other websites that are not operated by Us. If You click on a third party link, You will be directed to that third party's site. We strongly advise You to review the Privacy Policy of every site You visit.
We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
Changes to this Privacy Policy
We may update Our Privacy Policy from time to time. We will notify You of any changes by posting the new Privacy Policy on this page.
We will let You know via email and/or a prominent notice on Our Service, prior to the change becoming effective and update the "Last updated" date at the top of this Privacy Policy.
You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.
Contact Us
If you have any questions about this Privacy Policy, You can contact us:
By email: contact@sailytix.com By visiting this page on our website: https://www.sailytix.com/contact