facebook
Kelowna, BC 250-763-5599

Privacy Policy

DOWNTOWN MARINA INC. PRIVACY POLICY

Last Updated: April, 2025

1. Introduction and Scope

Welcome to Downtown Marina Inc. (“Downtown Marina,” “we,” “us,” or “our”). We are located in Kelowna, British Columbia, Canada, and are incorporated in Alberta. We operate a boat rental and retail business, as well as a website at https://www.downtownmarina.ca (the “Website”).

Downtown Marina is committed to safeguarding your personal information in compliance with:

  • The Personal Information Protection and Electronic Documents Act (PIPEDA) (federal)
  • The Personal Information Protection Act (BC PIPA) (British Columbia)
  • The Personal Information Protection Act (AB PIPA) (Alberta)

This Privacy Policy (“Policy”) explains how we collect, use, disclose, and protect your personal information when you interact with us, whether by:

  • Renting boats or using related services
  • Purchasing retail goods in-store
  • Visiting or using our Website (https://www.downtownmarina.ca)
  • Contacting us via phone or email
  • Participating in any promotions, surveys, or other engagements with Downtown Marina

Important: This Policy is provided for informational purposes only and does not create or confer upon any individual any legal rights or impose on Downtown Marina obligations beyond those required by applicable law. By using any of our services, including our Website, you agree to the terms of this Policy and any future revisions.

2. Definitions

  • “Personal Information” means information about an identifiable individual, as defined under Canadian privacy laws, including PIPEDA, BC PIPA, and AB PIPA. This may include, but is not limited to, your name, contact information, driver’s license details, and payment information.
  • “Third Parties” refers to any individual, partnership, corporation, organization, or governmental authority outside of Downtown Marina Inc. that may receive or process personal information on our behalf, such as payment processors, service providers, or regulatory bodies.
  • “Consent” refers to your voluntary agreement to the collection, use, or disclosure of your personal information, as required and defined under applicable Canadian privacy laws.

We collect and process personal information only with your consent or as otherwise permitted or required by law.

3. Types of Information Collected

Depending on the nature of your interactions with Downtown Marina, we may collect the following categories of personal information:

  1. Identity and Contact Details
    • Full name
    • Phone number
    • Email address
    • Home or mailing address
  2. Verification and Eligibility Information
    • Date of birth (e.g., to verify legal age and eligibility to operate a boat)
    • Driver’s license and/or boat operator’s license details or proof of eligibility to operate a watercraft
  3. Payment and Transaction Information
    • Credit card or other payment details
    • Transaction history related to boat rentals and retail purchases
  4. Website and Online Data
    • IP address
    • Browser type and version
    • Device identifiers (if applicable)
    • Pages visited on our Website, time spent, and navigation paths
    • Cookies and similar tracking technologies (see Section 11 for more details)
  5. Additional Information
    • Information you provide in surveys, promotions, or customer service communications
    • Insurance or liability information (if required for certain boat rental agreements)

4. Methods of Collection

We collect personal information through various methods, including but not limited to:

  1. In-Person Interactions
    • When you visit our physical location to rent a boat, purchase retail goods, or make an inquiry.
  2. Online or Electronic Means
    • When you interact with our Website, submit forms, or send us emails.
  3. Phone or Email
    • When you contact us by telephone or email to make reservations, seek support, or request information.
  4. Service Providers
    • When third parties collect information on our behalf (e.g., payment processors).

Why We Collect This Information: We collect this information primarily to confirm your identity, verify boating eligibility, process transactions, fulfill rental agreements, improve customer service, and enhance your overall experience. Website analytics help us understand user engagement and refine our offerings.

5. Purposes and Legal Grounds for Processing

We process personal information for the following purposes and under these legal grounds:

  1. Providing Services and Managing Operations
    • Contractual necessity: Fulfilling boat rental agreements, retail sales, and other contractual arrangements.
    • Legal requirement: Complying with municipal, provincial, and federal regulations, such as safety rules and boating regulations under BC and Alberta law.
  2. Payment and Transaction Processing
    • Consent/Contractual necessity: We collect and use payment information to process your transactions through a third-party payment processor that is Payment Card Industry Data Security Standard (PCI-DSS) compliant. This third party may store or handle your credit card information under its own privacy policy and security protocols. Downtown Marina does not store full credit card numbers on our servers.
  3. Customer Support and Communications
    • Consent/Legitimate interest: Responding to inquiries, handling complaints, and providing updates regarding rentals or products.
  4. Marketing and Promotional Activities
    • Consent: With your consent, we may use your contact information to send newsletters, promotions, or special offers. You may opt out at any time.
  5. Analytics and Website Improvement
    • Legitimate interest: To understand Website usage and enhance functionality, user experience, and security.
  6. Legal Compliance and Protection
    • Legal requirement: Disclosing personal information to authorities or agencies when required to comply with legal obligations.
    • Legitimate interest: Protecting our business and users from fraud, misuse, or unauthorized use of our services.

6. Disclosure to Third Parties

We may disclose your personal information to the following categories of recipients:

  1. Service Providers and Business Partners
    • These may include payment processors, IT support providers, marketing platforms, and other partners who assist us in delivering services.
    • Payment Processors: When you make a payment, your credit card information is transmitted directly to our third-party payment processor. This third party stores and processes credit card data and is certified to meet PCI-DSS requirements. Downtown Marina does not store or have direct access to your full credit card details.

Note: Under Canadian privacy laws (PIPEDA, BC PIPA, AB PIPA), Downtown Marina remains accountable for personal information we transfer to third parties, but we rely on the representations and safeguards of those providers to protect your information. We disclaim liability for unauthorized acts or omissions by these third parties to the extent permitted by law, and will take reasonable steps to address or mitigate any issues if they arise.

  1. Government or Regulatory Bodies
    • When we are legally required to disclose information (e.g., for regulatory inspections, law enforcement requests, safety compliance).
  2. Fraud Detection and Legal Proceedings
    • If required to detect, prevent, or address fraud or other illegal activities, or in connection with a legal proceeding, court order, or law enforcement inquiry.
  3. Corporate Transactions
    • In the event of a merger, acquisition, sale of assets, or other business transaction, provided that the recipient agrees to adhere to privacy standards substantially similar to those described in this Policy.

Except as provided above or otherwise required by law, we do not sell, rent, or share your personal information with unaffiliated third parties without your consent.

7. International Data Transfers

Your personal information may be transferred outside of Canada (for example, when we use a cloud service provider with servers located in another country). In such cases, we will ensure appropriate safeguards are in place, such as data processing agreements or contractual clauses, to protect your information to the standards required under Canadian privacy laws.

Please be aware that if your personal information is located in a foreign jurisdiction, it may be subject to local laws and accessible by local law enforcement and national security authorities in that jurisdiction.

8. Data Retention and Destruction

We retain personal information only for as long as necessary to:

  • Fulfill the purposes outlined in this Policy
  • Comply with legal and regulatory requirements under PIPEDA, BC PIPA, AB PIPA, or other applicable laws
  • Enforce our rental agreements, contracts, or policies

When personal information is no longer required, we will destroy, erase, or anonymize it in a secure manner, consistent with our data retention policies. We generally retain only limited details (e.g., last four digits of your credit card, transaction date, amount) for as long as necessary for business or legal purposes.

9. Safeguards and Security Measures

We maintain physical, technical, and administrative safeguards to protect your personal information against loss, theft, unauthorized access, disclosure, copying, or modification. Examples include:

  • Physical Security: Secure facilities with restricted access.
  • Technical Security: Encrypted data transmission (where feasible), firewalls, and routine software updates.
  • Administrative Measures: Internal policies and training for staff to ensure your information remains confidential.

Despite these measures, no method of data transmission or storage can be guaranteed 100% secure. You acknowledge and accept that there is some risk in transmitting your information online or through other means.

10. Individual Rights and Requests

In compliance with PIPEDA, BC PIPA, and AB PIPA, you have the right to:

  1. Access Your Personal Information
    • You may request a copy of the personal information we hold about you.
  2. Request Corrections
    • You may ask us to correct or update any inaccurate or incomplete information.
  3. Withdraw Consent
    • Where we rely on your consent to process personal information, you may withdraw that consent at any time.
  4. Opt Out of Marketing
    • You may unsubscribe from our marketing communications at any time by following the unsubscribe link or contacting us directly.

To exercise these rights or make any inquiries or complaints about our privacy practices, please contact our Privacy Officer using the details in Section 14. We will respond to your request within the timeframes required by law.

11. Use of Cookies/Online Tracking

We use cookies and similar tracking technologies to enhance user experience and analyze Website performance. These small text files help us:

  • Identify returning visitors
  • Remember preferences
  • Understand site usage through analytics

You can control or disable cookies through your browser settings. However, disabling certain cookies may limit the Website’s functionality. For more details on managing or deleting cookies, see your browser’s help documentation.

12. Children’s Privacy

Our services, including boat rentals, are generally intended for individuals who have reached the age required by law to operate a boat in the relevant jurisdiction. We do not knowingly collect personal information from children under the age of 13 without parental or guardian consent. If you believe we have inadvertently collected information from a minor, please contact us immediately so we can take steps to delete the information.

13. Data Breach Notification

In the unlikely event of a data breach or security incident involving personal information under our control, Downtown Marina will comply with all applicable legal requirements, including notification obligations under PIPEDA, BC PIPA, and AB PIPA (e.g., notifying affected individuals and/or regulators where there is a real risk of significant harm).

14. Policy Updates and Notification

We reserve the right to update or modify this Privacy Policy at any time. We will indicate the “Last Updated” date at the top of this document. Any material changes to how we handle personal information will be posted on our Website, and where required by law, we will seek your consent or provide you with additional notice.

15. Contact Information and Dispute Resolution

If you have any questions, concerns, or complaints about this Policy or our handling of your personal information, please contact our Privacy Officer at:

Downtown Marina Inc.
210 Bernard Avenue
Kelowna, BC, Canada
Phone: 250-763-5599
Email: privacy@downtownmarina.ca

We will investigate all complaints and take appropriate measures to resolve them. If you are not satisfied with our response, you may contact:

16. Acknowledgment and Acceptance

By using Downtown Marina’s services or accessing our Website, you acknowledge that you have read and understand this Privacy Policy and agree to its terms. If you do not agree, please refrain from using our services or providing us with your personal information.