WEBSITE PRIVACY POLICY
BPIII Smith Bay, LLC (“Company,” “We” or “Us”) is committed to respecting the privacy rights of visitors to the websites operated by or for Us, including without limitation www.bvitime.com, and all subdomains, and all social media accounts held or operated by Us (collectively, the “Site”), and all content, and other services (collectively, “Services”) made available or provided from the Site. Company has adopted the privacy policies outlined below (this “Privacy Policy”), which serve as the basis for our use of personal information gathered when you (you or User) interact with Company, such as when you visit the Site or when you contact Us. This Privacy Policy is intended to comply with privacy laws applicable to Company and the operation of the Site and the Services.
WHAT TYPE OF INFORMATION DOES COMPANY COLLECT?
We plan to collect the User’s IP address for every User or visitor to the Site. Our goal with the Site is for Users to submit the User’s:
- port of entry into the U.S. Virgin Islands or the British Virgin Islands (collectively “Port of Entry”);
- User’s wait time at the Port of Entry; and
- the name of the vessel the User is on when User arrives at the Port of Entry so that we can aggregate that information to provide information on how long wait times are at the Port of Entry. If a User of the Site creates a login with the Site, we may collect the following additional information: User’s name, email address, address, phone number, User’s position/job on a particular vessel, the name of the vessel User is on, and the name of the charter company to which the vessel is affiliated, and User’s password for the Site.
The Site is NOT collecting a User’s precise geolocation data.The information we collect is broken down into three types of information about Users:
- “Personal Information” - Personal Information is collected online when a User voluntarily submits non-publicly available information, including sensitive data, that is linked or reasonably linkable to an identified or identifiable individual on the Site. Only your IP address would be collected automatically when you access the Site or the Services for purposes of enhancing your Site browsing via cookies or standard settings. Personal Information we collect from a User is a User’s IP address, and if a User of the Site creates an account login, we may collect the User’s name, email address, address, phone number, User’s position on a particular vessel, the name of the vessel User is on, the name of the charter company to which the vessel is affiliated, social media user name or ID, computer/device and other similar personally identifiable information. Your Personal Information will be retained for fulfillment of the intended purposes for which such Personal Information is collected.
- “De-Identified Information” - De-Identified Information (such as statistical information on Site usage and data and technical requirements) is collected online information in which all personal and individually identifiable identifiers have been removed by Company such as when a Site User who does not have a login to the Site submits User’s Port of Entry, wait time at a Port of Entry, name of the vessel User is on when entering a Port of Entry, or the name of the charter company for the vessel. De-Identified Information is used in a collective manner for analyses and statistics to improve the Services. De-Identified Information does not personally identify a specific User or such User’s geographic location and is information that cannot reasonably be linked to an identified or identifiable individual, or a device linked to that individual.
- “Aggregate Information”- Aggregate Information is non-personally identifiable (or anonymous) information about you, such as pages most frequently accessed by you. Aggregate Information is used in a collective manner, and no single person can be identified by that compiled information (for example, the number of people who logged into the Site on a particular day). Aggregate Information does not personally identify a specific User. We will establish minimum and maximum retention periods based upon the type of information collected (i.e., sensitivity), the intended purposes and as otherwise may be legally required.
Personal Information shall NOT include any personal information posted or sent by or to you in any public forum (such as a posting on our social media accounts) available or accessed from the Site. Participation in these public forums requires the public release and dissemination of such information, and thus Company cannot commit to treating such information confidentially in the same manner that other Personal Information will be treated under this Privacy Policy. Participation in these features of the Site is voluntary and thus your consent to certain terms is required before participation is allowed.
HOW DOES COMPANY SECURE MY PERSONAL INFORMATION?
Company maintains commercially reasonable safeguards to ensure the security, integrity and privacy of the Personal Information provided by you. Such security safeguards are intended to be appropriate to the sensitivity of the Personal Information collected. To the extent that Company transfers any Personal Information to third parties, we will use commercially reasonable efforts to assure that such third parties to whom we may transfer any Personal Information have knowledge of our Privacy Policy and provide sufficient protection of such Personal Information. Company is committed to properly securing the Personal Information collected online. To help us accomplish this, we take the following steps:
- We employ internal access controls to ensure that the only people who see your Personal Information are those with a need to do so to perform their official duties.
- We train relevant personnel on our privacy and security measures and applicable legal requirements.
- We physically secure the areas where we hold hard copies (if any) of the Personal Information that we collect or process.
- We use technical controls to secure the Personal Information that we collect, as appropriate, including but not limited to: encryption, firewalls, and password protections.
- We periodically test our security procedures to ensure personnel and technical compliance.
- We disclose your identifiable Personal Information to others only in accordance with this Privacy Policy or as otherwise permitted by law.
- We disclose the minimum amount of Personal Information as necessary for the particular purpose in compliance with applicable law. Although we make good faith efforts to store the Personal Information, we collect in a secure operating environment that is not accessible to unauthorized users, we cannot guarantee 100% complete security.
HOW DOES COMPANY COMPLY WITH APPLICABLE PRIVACY LAWS IN COLLECTING PERSONAL INFORMATION?
Personal Information may be processed by Company in the country where it was collected as well as other countries (including the United States) where laws regarding processing of Personal Information may be less stringent. Please note that Personal Information gathered online from the Site or submitted by you will be transmitted, stored, and processed in the United States of America. By submitting your Personal Information to Company, you expressly consent to the collection, transmittal, storage, and processing of your Personal Information according to this Privacy Policy.As further explained in the “Contact Information” section below, we encourage you to contact us should you have a privacy-related concern.
DOES COMPANY USE COOKIES TO COLLECT PERSONAL INFORMATION ON THE SITE?
The Site may utilize a standard technology called a “cookie” to collect information about how the Site is used. A “cookie” is a small text file placed on your hard drive by our web page server. These cookies do not collect Personal Information, only Aggregate Information.Your browser is probably set to accept cookies. However, if you would prefer not to receive cookies, you can alter the configuration of your browser to refuse cookies. If you choose to have your browser refuse cookies, it is possible that some areas of our Site or the Services will not function properly when you view them.We do not combine Aggregate Information collected through cookies with Personal Information to determine who you are or your email or IP address. The Site can access the Aggregate Information only from a cookie sent by the Site. We cannot access other cookies sent by other websites or the information contained in those other websites. Additionally, we cannot learn your email or IP address using a cookie.We use cookies to track usage of the Site and the Services and further customize your experience when you are visiting the Site or using the Services. By tracking usage, we can best determine what features of the Site and the Services best serve the Users. Without cookies, the features would “forget” items that may be stored. The session information used by the Site is deleted when your browser is closed.When you visit the Site, we automatically collect Aggregate Information about your visit. We can tell the type of computer, browser, and web service that you are using. We also know the date, time, and pages that you visit on the Site. Collecting this information helps us design the Site and the Services to enhance your experience during access. We may use Aggregate Information for internal purposes, such as providing targeted content to make the Site or the Services more useful to our visitors. The gathering of this Aggregate Information may be accomplished using cookies. In particular, Company may collect an IP Address from all visitors to the Site. An IP Address is a number that is automatically assigned to your computer when you use the Internet. We use IP addresses to help diagnose problems with our server, administer our Site, analyze trends, track Users’ movement on the Site, gather broad demographic information for aggregate use for us to improve the Site, to enhance the reliability of the information/data provided on the Site, and deliver customized, personalized content. IP addresses, however, are not linked to Personal Information. We also may collect your device information if you ask for technical assistance from our customer support, if offered, and we will use such device information to trouble shoot problems with your device and connectivity to or use of video streaming or other content on the Site.We do provide third parties with De-Identified Information or Aggregate Information about our Users, as more fully set forth in this Privacy Policy. However, other websites linked to the Site also may send cookies; however, we do not control such activities.If you are accessing the Site from outside the United States, you will be prompted to consent to the collection of information via a cookie before full access will be granted. You will only be asked to opt-in upon your initial visit to those portions of the Site only. By clicking “I accept,” you consent to the collection of information via a cookie. However, if you decline, you may not be able to view or access all pages or features of the Site and your browser may not work properly or your ability to use certain Site features will be impacted.Company also may use a unique assigned number located with the Site’s URL to determine each website from which you navigated to get to the Site. While this number may not be apparent to you, it does not contain your Personal Information.We also use clear gifs in our HTML-based emails to let us know which emails have been opened by recipients. This allows us to gauge the effectiveness of certain communications and the effectiveness of our marketing campaigns, if any.
HOW DOES COMPANY USE PERSONAL INFORMATION?
Your privacy is important to us. We will use the Personal Information provided by you in accordance with good commercial practice and applicable law. If you provide us with your email address (or have done so in the past), we may send notifications, or email confirmations to you for the stated purposes of collecting such email address. Your email will be used for notifications or newsletters only. Company does not share your public email address with others in its public forums.Company collects your Personal Information when you take part in activities on the Site. For example, if you have a Site Login you may provide Personal Information in the creating of your Site login and when providing details on the Port of Entry and wait times at a Port of Entry. We will not use your Personal Information for any purpose other than what you have intended it. By providing Personal Information using the Site or the Services, you warrant to Company that your Personal Information is reliable for its intended uses, accurate, complete, and correct, and that you will promptly notify us if such Personal Information is no longer current or correct.We also may use your Personal Information collected via the Site in the performance of all Services to provide, maintain and improve our Services as well as to develop new products and services to be offered as part of the Services. For example, we use Personal Information to analyze data, to improve our Services’ algorithms and databases and to tune our outputs based on a particular User’s patterns of usage of our Services.With respect to particular topics found on the Site, Company uses Personal Information submitted by you for the following purposes:
- AGGREGATED PORT OF ENTRY WAIT TIMES – Company aggregates Port of Entry Wait Times and posts them on the Site.
- SOCIAL MEDIA – If you wish to participate in the social media sites linked to the Site (such as Facebook, Twitter, Instagram, YouTube), we will be given your social media user account name as well as access and viewing of your social media account and postings.
DOES COMPANY SHARE YOUR PERSONAL INFORMATION WITH OTHERS?
As a general policy, Company may share Personal Information internally in the fulfillment of the Services offered on or using the Site. Company does not share, sell, or trade Personal information with other third parties without permission from the User. However, we may provide your Personal Information to third parties directly involved in the operation, performance, support, hosting and/or maintenance of the Site or the Services and each product or service offered on the Site, including without limitation, our website designers, hosts, service providers, technical consultants, payment processors and business partners. Any Personal Information, however, will be used by such organizations only to perform their functions and/or to provide services in support of the Site or the Services, and as otherwise permitted by law or approved by you in accordance with this Privacy Policy. Aggregate Information or De-Identified Information may at times be shared with Company’s business partners and other third parties.We reserve the right to assign or transfer your Personal Information to any successor in interest to our organization associated with the Site or the Services by merger, reorganization, sale of all or substantially all of our assets or equity interests or operation of law. We also may divulge Personal Information if such information is required for us to comply with any valid legal process, such as a subpoena, search warrant, statute or court order, or if we reasonably believe that you have commited unlawful acts or acts that may endanger the health or safety of another User or of the general public. You will be notified via email and/or a prominent notice on the Site of any change in ownership or use of your Personal Information, as well as any choices you may have regarding your Personal Information.
DO I HAVE THE CHOICE TO OPT-IN OR OPT-OUT OF ANY USES OF MY PERSONAL INFORMATION?
Company provides its Site Users with an easy means to opt-in and/or decline receiving notifications, newsletters or offers by email. We recognize the importance of providing you with the choice to “opt-in.” You can control the number of notifications sent by email by your election when you submit a request or otherwise notify Company. If you prefer, you also can “opt-out” of receiving any email notifications by contacting our Privacy Officer at the Contact Address below. All email offers sent by Company will inform you as to how you can “opt-out” or decline receiving further email offers. However, with respect to any Personal Information that is sensitive in nature, we will require you to “opt-in” to having such Personal Information used or shared by Company.Please note that there is no automated decision-making that is made on a solely algorithmic basis with respect to your Personal Information.You are provided the option to opt-out within each email or newsletter. If you no longer wish to receive Company communications, you may “unsubscribe” from our email or mailing program at any time by clicking on the auto-unsubscribe link included in each email.We will then update our database and take reasonable measures so that no further promotional correspondence should be sent to the email or mail address. You will be opted out of further communications within ten (10) business days. You may, however, still receive transactional messages related to any purchases, if applicable.With respect to transactional messages, Company will send required notifications via email and/or mail in order to inform you as to the status of your orders or requests. This service is used for messages that are important for the performance of the Services. When you make such orders or requests, we require an email and/or mail address for completion of the transaction and such address will be used for these communications. To stop receiving these notifications, please contact our Privacy Officer.If Company makes available public forums on the Site, you may have an opportunity to interact with other Site visitors to share knowledge and news or participate in social media postings or community activities. Since participation in such forums is voluntary, you control what Personal Information may be disclosed to others. In order to avoid your email address or other Personal Information from being gathered and used by others for unsolicited, inappropriate or harmful purposes, Company advises that you should be cautious about posting your email address or phone number or other personal information in any public forums, and you do so at your own discretion and risk. Company is not responsible and shall not be held liable for information and Personal Information posted in the public forums.
CAN I MAKE CORRECTIONS, REVOKE CONSENT, OR GET A COPY OF MY PERSONAL INFORMATION COLLECTED ONLINE?
Yes, a User has the right to:
- confirm whether Company is processing User’s Personal Information and to access User’s Personal Information, if any;
- correct inaccuracies in User’s Personal Information or update the User’s Personal Information;
- request deletion of User’s Personal Information (whether the Personal Information was provided by User or obtained about the User);
- request and obtain a portable copy of User’s Personal Information;
- opt out of processing for the purposes of targeted advertising, sale of Personal Information or profiling, if Company were to do any of the things listed here; and/or
- designate in writing another person to serve as User’s agent to opt out of processing on the User’s behalf.
To exercise the rights listed here you can send an email or mail a request to the Company Privacy Officer at the Contact Address below. If you send your request by email, Company likely will send such Personal Information (or a summary) to User’s email address on file in our database, or we will send the Personal Information to you in another secure manner. Company is not required to respond to manifestly unfounded, excessive, or repetitive requests. Company does not have to make the disclosure of Personal Information to the same User more than twice annually.Company has 45 days to respond to a verifiable User’s request to change or access Personal Information. Company will attempt to respond to a User’s request to change or access Personal Information within 10 business days. Please note, however, that we may retain your Personal Information for as long as your request or order is active, as needed to provide the Services requested by you, and your Personal Information also may be retained in our archives. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. When contacting our Privacy Officer, we will verify your identification using security questions before sharing any Personal Information.
WHO CAN I CONTACT AT COMPANY IF I HAVE QUESTIONS ABOUT THIS PRIVACY POLICY OR ANY CHALLENGES AS TO COMPLIANCE OR WANT TO APPEAL A DENIED REQUEST?
If Company does not comply with your request, you may file an appeal by sending such written claims and request by certified mail, return receipt requested to the Privacy Officer.In the event your appeal is denied by Company, you may contact the Texas State Attorney General to file a complaint at this website: https://www.texasattorneygeneral .gov/consumer-protection/file-consumer-complaint or any other web address as designated by the Texas Attorney General.We have designated our Privacy Officer, who can be contacted at the following address (“Contact Address”):
By Mail:
Privacy OfficerBPIII Smith Bay, LLCc/o General Counsel5847 San Felipe St., Ste. 4450Houston, TX 77057Phone: 713-341-7916Email: notices@smallventuresusa.com
DOES COMPANY COLLECT PERSONAL INFORMATION FROM CHILDREN?
Company does not knowingly solicit data from children or knowingly market to children. In accordance with the U.S. Children’s Online Privacy Protection Act of 1998, we do not knowingly request or solicit personally identifiable information from anyone under the age of 13 without prior verifiable parental consent. If we receive actual knowledge that we have collected such Personal Information without the requisite and verifiable parental consent, we will delete that information from our database as quickly as is reasonably practical.
WHAT ABOUT PRIVACY ON INTERNET WEBSITES LINKED TO THE SITE?
You should be aware that other Internet websites to which you hyperlink from the Site may contain privacy statements that differ from our Privacy Policy. Company is not responsible for such provisions, and expressly disclaims any and all liability related to such provisions.
WHAT CONSTITUTES MY ACCEPTANCE OF THIS PRIVACY POLICY?
By using the Site or the Services and/or voluntarily submitting your Personal Information, you expressly consent to the use and disclosure of information, including but not limited to Personal Information, as described in this Privacy Policy. Your consent will be required separately (and not bundled) each time that you submit Personal Information. Your continued use of the Site or the Services after the effective date of any modification to the Privacy Policy will be deemed to be your agreement to the changed terms. You agree to review the Privacy Policy each time you use the Site so that you are aware of such modifications.
WHAT IS THE EFFECTIVE DATE OF THIS PRIVACY POLICY AND HOW CAN CHANGES BE MADE?
Company expressly reserves the right to modify the terms of this Privacy Policy at any time and in our reasonable discretion.
This Privacy Policy was last modified on 5/31/2024.