PRIVACY POLICY

November 7, 2023TMBO USA, LLC (“TMBO”, “we”, “us”, or “our”) operates the TMBO mobile applications (the “App”), the www.tmbousa.com website (the “Site”) and related TMBO service offerings. This Privacy Policy applies to the App, the Site, service offerings and to any other website or mobile app offered by us that reference or link to this Privacy Policy (collectively, the “Services”).

This Privacy Policy describes the types of information that we may collect or you may provide when you download, install, register with, access or use the Services. This Privacy Policy also describes our practices for collecting, using, disclosing, and maintaining such information.

This Privacy Policy does not alter the terms of any other agreement that you may have with us. Your use of the Services constitutes your acceptance of this Privacy Policy. IF YOU DO NOT AGREE WITH OUR POLICIES AND PRACTICES, DO NOT DOWNLOAD, INSTALL, REGISTER WITH, ACCESS OR USE THE SERVICES. By downloading, registering with, accessing or using the Services, you agree to the terms and conditions of this Privacy Policy.

Personal Information We Collect.

When we refer to “personal information” throughout this Privacy Policy we mean data that can be used to uniquely identify or contact a single person. We collect this information from registered users of the Services and visitors who use the Services to search for dock rentals. We may collect this information directly from you or if you interact with us on social media and your preferences share this information.

• Registered User on the Site. . If you register for an account on the Site as an Owner or Renter, we collect your name, primary address, listing addresses, email address, phone number, and password. You may also provide a profile picture. As a registered user, you can book and list dock rentals. Through your account dashboard, you can access the aforementioned information and update your profile information.

• Registered User on the App. If you register for an account on the App, we collect your name, primary address, listing addresses, email address, phone number and password. You have the option to update account profile. As a registered user, you can book and list dock rentals. Through your account dashboard, you can access the aforementioned information and update your profile information.

• When Booking a Rental. When you book a rental on one of the Services, we may ask for, and store, your credit card number and billing information. We may also require that you grant us permission to check your driver’s record in order to confirm you meet our eligibility standards. You authorize us to access your driver’s record from state DMVs, RMVs, and other applicable entities and you authorize those entities to release this information to TMBO.

• Visitors to the Site or App. Even if you do not use our Services as a registered user to search for dock rentals or use other features of the Services, you may still provide us information. We may use links throughout the Services to provide you with the opportunity to contact us to ask questions.

• When an Owner Makes a Listing. As an Owner, you will need to include information about dock rental in the listing, such as the address where the dock is located, a description of the dock, features of the dock, photos of the dock, dock insurance information, and marina where the dock is located. This information may be required to list on TMBO. Do not post or add information that you would not want to be publicly available.

• Social Media. When you interact with us through various social media, for example, by liking us on Facebook or following us on X (formerly know asTwitter), we may collect information including your email address, location and biographical information. The information we receive from your social network depends on your privacy settings. You should always review, and, if you prefer, adjust your privacy settings on third-party websites and services before linking or connecting them to the Services.

Information We Receive from Third Parties.

We may receive information about you (including personal information) from third parties. For example, if you are on another website and you opt-in to receive information from us, that website will forward to us your email address and other information about you so that we may contact you as requested. We may combine the information we receive from these third parties with information we collect through the Services. In those cases, we will apply this Privacy Policy to any personal information received, unless we have disclosed otherwise.

Automatic Data Collection; Technologies Used to Automatically Collect Information.

Whenever you visit or interact with the Services, we, as well as our service providers, may use assorted technologies that automatically or passively collect information about how the Services are accessed and used. We refer to this information as “traffic data.” Traffic data may include browser type, device type used to access the Services (i.e., computer or mobile device), unique number assigned to identify such device, operating system, application version, click path taken through the Services, your use of features or applications on the Services, and other usage information. This information helps us manage, improve and customize the Services.

Technologies we use on the Services to collect traffic data, directly or through our service providers, may include cookies (data files placed on your computer or other devices used to access the Services), analytics software (e.g., Google Analytics) and pixel tags (transparent graphic image, sometimes called a web beacon or tracking beacon, placed on a web page or in an email, which indicates that a page or email has been viewed).

A cookie is used to identify one unique visitor from another visitor during a particular session. A session is the period of active Services-use while that unique visitor is linked to our server. We may use cookie technology during a session as a tool to carry forward your input information. This enables the visitor to input their information once and have the information appear later. A pixel tag may tell your browser to get content from another server. We, or our service providers, may place cookies or similar files on your computer or other devices used to access the Services for security purposes, to facilitate Services navigation and to personalize your experience while visiting the Services.

To learn how you may be able to reduce the number of cookies you receive from us, or delete cookies that have already been installed in your browser’s cookie folder, please refer to your browser’s help menu or other instructions related to your browser. If you do disable or opt out of receiving cookies, please be aware that some features and services on the Services may not work as intended and you may not have access to all of the services and features we may offer.

Location Information.

If you are using the App, then this Section applies to you. While you are using the App, we or our service providers may receive or infer information about your location from a variety of sources. For example, we may use your IP address to identify your general location or we may receive more precise location data from your mobile device (such as via GPS, wireless networks, cell towers, Wi-Fi access points). If you have enabled location information sharing while using the App actively, then your location information may be shared with our service provider in order to help you locate TMBO listings near you. We may use location data to analyze certain information, and to improve the App and relevance of the information we provide to you via the App. Please note that if you do not share your location information then we will not be able to send TMBO listings near you and certain features of the App will have very limited functionality.

How We Use Information We Collect.

We collect and use your personal information for a variety of business purposes, including to respond to your questions or requests, to provide the Services and the services that you request, to communicate with you about the Services, and to do all things necessary to administer the Services, and manage, protect and improve them. As we mentioned above, we also use the traffic data we collect to improve the Services and to customize your experience.

Information We Share with Others.

We may share your personal information and other information we collect with affiliates or business partners that require access to your personal information for business purposes. We may disclose your personal information to third parties to protect the security and integrity of the Services, to correct technical problems and malfunctions on the Services, to technically process your information, to provide the Services, or to take precautions against liability. We also may provide your personal information to service providers who provide services on our behalf, such as our third-party website developer or analytics provider. We may share your personal information to our service providers subject to obligations consistent with this Privacy Policy. If you request services via a mobile device, your request will be transmitted via your mobile carrier’s network and your carrier may have access to it. Consult your carrier’s privacy policy for additional information.

We reserve the right to transfer any information we have about you in connection with a sale, merger, consolidation, change in control, transfer of assets, reorganization or liquidation of our business. We reserve the right to disclose any personal information as needed if that information is requested by law enforcement agencies or if we are required to do so by law, treaty, regulation, subpoena, court order, or by a government entity. We also may disclose your personal information to third parties if we have reason to believe that disclosing such information is necessary to conduct investigations of possible breaches of law, to cooperate in any legal investigation, or to identify, contact, or bring legal action against someone who may be violating any agreement with us.

Do-Not-Track Requests; Third-Party Tracking.

Unless your browser settings are configured to make your online activities and information about your online activities (such as traffic data as described above) invisible to usage analytics tools, we do not presently have the capability to omit you from usage analytics to the extent your browser only sends us a “do not track” message and does not otherwise screen you from tracking without any action on our part. To learn more about browser tracking signals and “Do Not Track”, please visit http://allaboutdnt.org. Third parties, other than our vendors (such as our website analytics provider), do not have authorization from us to track which websites you visited prior to and after visiting the Services. Please note, however, that we cannot control third party tracking and there may be some third party tracking that occurs without our knowledge or consent.

Security.

We use reasonable precautions, including technical, administrative, and physical procedures, to protect personal information from loss, misuse, or alteration. Although guaranteed security does not exist on the Internet or offline, we make commercially reasonable efforts to handle such information consistent with this Privacy Policy and applicable laws. Due to the design of the Internet and other factors outside our control, we cannot guarantee that communications between you and our servers will be free from unauthorized access by third parties.

Data Retention.

We will retain your personal information for as long as is necessary for purposes for which it was collected. The precise period will depend on the reason why it was collected. Those periods are also based on the requirements of applicable laws, applicable regulatory requirements and periods relating to the commencement of legal actions. Typically, we will keep your information for the period of time that you are a registered user of the Services.

Your Choices.

If you need to correct, update, delete or deactivate your personal information or account, please contact us at any time by sending an email to support@tmbousa.com.

• Profile:If you are a registered user of the Services, you can correct, update, or delete your personal information or account on your account dashboard on the Site or App.

• Opt-Out: If you receive any promotional e-mail communication from us, you will be given the option to “unsubscribe” from receiving further e-mail communications from us at any time. Your option not to receive promotional and marketing material will not preclude us from corresponding with you, by email or otherwise, regarding your existing or past business relationships with us, and will not preclude us from accessing and viewing your personal information in the course of maintaining and improving the Services.

• Cookies:You can set your browser to refuse all or some cookies or alert you when cookies are being sent. If you disable or refuse cookies or block the use of other technologies, some parts of the Services may then be inaccessible or not function properly.

• Push Notifications: If you are a registered user of the App and do not want to receive push notifications from us, you may opt out of receiving these when you first launch the App or at a later stage by using the settings on your mobile device.

• Location: If you are a registered user on the App, then you can choose whether or not to allow the App to collect and use real-time information about your device’s location through your device’s settings. You can manage these preferences when the App is first launched or at a later stage by using the setting on your mobile device. If you are a registered user accessing the Services through the Site, you can manage your preferences in your browser settings. If you block the use of location information, some functionality of the Services will be inaccessible and will not function properly. For example, if you do not allow the App access to your location on your phone, then you will not be able to use the map feature to see what TMBO listings are near you.

Third-Party Links.

The Services may contain links to third-party websites that are not controlled by us. These links are made available to you as a convenience, and you agree to use these links at your own risk. Please be aware that we are not responsible for the privacy practices or content of such third-party websites. This Privacy Policy only applies to information we collect from you while you are on the Services. If you navigate to a third-party website from the Services, we strongly encourage you to review and become familiar with that third-party website’s own privacy policy and statements. Use of third-party social networking websites, such as Twitter, Facebook and LinkedIn, are governed by the privacy policies and practices of those websites.

Children.

The Services are not intended for use by children under the age of 18, and we do not knowingly collect personal information from such individuals. If we learn that we have collected the personal information of any such individual, we will take steps to delete the information as soon as possible.

Notice to Residents of Countries Outside the United States.

The Services are intended for use in the United States only. If you are located outside of the United States, be advised that any information you provide to us will be transferred to and stored in the United States and that, by submitting information to us, you explicitly authorize its transfer and storage within the United States. We will protect the privacy and security of personal information according to this Privacy Policy regardless of where it is processed or stored.

Your California Privacy Rights.

Pursuant to Section 1798.83 of the California Civil Code, residents of California have the right to request from a business with whom the California resident has an established business relationship what types of personal information, if any, the business shares with third parties for direct marketing purposes by such third parties and the identities of the third parties with whom the business has shared such information in the immediately preceding calendar year. We do not currently share any personal information with third parties for direct marketing purposes by such parties. If you have any questions or comments, please contact us via the contact methods listed in Section 16 below.

Changes to Privacy Policy.

We reserve the right to change or replace this Privacy Policy at our sole discretion at any time and we encourage you to review this Privacy Policy periodically. If we make material changes to this Privacy Policy, we will post the updated Privacy Policy on this page. Any changes to the Privacy Policy will become effective upon posting of the revised policy. Your continued use of the Services following the posting of changes constitutes your agreement to such changes.

Contact Us.

If you have any questions about this Privacy Policy, please feel free to contact us at support@tmbousa.com.