Privacy Policy

Last Updated: 05/25/2018

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.wherefreedomtakesyou.com, www.sellboatsandrvs.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"). POP has created this Privacy Policy to explain to you our privacy practices regarding the information we gather from you when you visit the Websites or utilize our Services.

This Privacy Policy aims to give you information on how POP collects and processes your personal data through your use of our Websites and our Services for our own purposes (i.e. where we are the Controller). It is intended to meet our duties as a Controller of Transparency under European data protection legislation known as the "GDPR" or "General Data Protection Regulation". This Privacy Policy does not describe how we process personal data on our customer's or any other person's instructions (i.e., where we act as a Processor).

POP reserves the right to modify this Privacy Policy. In the event of a modification to this Privacy Policy, the effective date at the top of this page will change. Your continued use of our Websites or our Services after a change in the effective date will constitute your acceptance of any modification.

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.
• Cookies. Like many online services, we use cookies to store and retrieve information. "Cookies" are small files that a website or its service provider transfers to your computer's hard drive through your Web browser that enables the website's or service provider's systems to recognize your browser and capture and remember certain information. We use cookies to help us understand your preferences based on previous or current site activity and compile aggregate data about Website traffic and Website interaction so that we can offer better Website experiences and tools in the future. You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser (e.g. Microsoft Internet Explorer, Mozilla Firefox, Google Chrome, or Apple Safari) settings. Each browser is a little different, so look at your browser Help menu to learn the correct way to modify your cookie preferences. If you turn cookies off, you won't have access to many features that make your Website experience more efficient and some of our Services will not function properly. We use cookies only to record session information and to tailor marketing information and other services to you. We do not use cookies to obtain personally identifiable information.
• 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.
• Third Party Analytics. We use third party services providers, such as Google Analytics, to help analyze how users use the Website ("Analytics Providers"). Analytics Providers use Cookies to collect information such as how often users visit the Website, what pages they visit, and what other sites they used prior to coming to the Website. We use the information we get from Analytics Providers only to improve our Websites and our Services. Analytics Providers collect only the IP address assigned to you on the date you visit the Website, rather than your name or other personally identifying information. We do not combine the information generated through the use of Analytics Providers with your personal data.

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).

General Use

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.

If we need to use your personal data for an unrelated purpose, we will update this Privacy Policy and we will explain the legal basis which allows us to do so.

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.

User Testimonials. 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.

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.

We disclose your personal information as described below and as described elsewhere in this Privacy Policy.

• 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.
• Corporate Restructuring. We may share some or all of your personal information in connection with or during negotiation of any merger, financing, acquisition or dissolution, transaction or proceeding involving sale, transfer, divestiture or disclosure of all or a portion of our business or assets. In the event of an insolvency, bankruptcy, or receivership, personal information may also be transferred as a business asset. If another company acquires our company, business or assets, that company will possess the personal information collected by us and will assume the rights and obligations regarding the personal information as described in this Privacy Policy.
• Other Disclosures. Regardless of any of the choices you make regarding your personal information (as described below), POP may disclose personal information if it believes in good faith that such disclosure is necessary (a) in connection with any legal investigation; (b) to comply with relevant laws or to respond to subpoenas or warrants served on POP; (c) to protect or defend the rights of POP or users of our Websites or our Services; and/or (d) to investigate or assist in preventing any violation or potential violation of the law, this Privacy Policy or our Terms of Use.

• 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.

• 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).

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").

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 sean@popsells.com.

We rely on our Legitimate Interests as the legal basis for the processing of your personal data that is involved in sending you marketing communications. If you wish to exercise your right to object to the processing of your personal data for this purpose, you may do so by following the opt-out processes outlined in the marketing email you received or by contacting us directly (please see contact information below). Following your exercise of your right to object, we will promptly cease processing your personal data for the purpose of sending you marketing communications. Despite your indicated e-mail preferences, we may send you service related communications, including notices of any updates to our Terms of Use or Privacy Policy.

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 would like to make a complaint regarding this Privacy Policy or our practices in relation to your Personal Data, please contact us at: sean@popsells.com. We will reply to your complaint as soon as we can.

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.

This Privacy Policy applies solely to information collected by our Websites and our Services. In an attempt to provide you with increased value, we may include third-party links on our Websites. These linked sites have separate and independent privacy policies, and we do not have control over and do not review these linked sites. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our Websites and welcome any feedback about these linked sites (including if a specific link does not work).

This Privacy Policy applies only to information collected through our Websites and our Services and not to information collected by us offline.

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.