Privacy Policy
Last updated: August 3, 2026
This Privacy Policy describes the policies and procedures of Kirby Marine regarding the collection, use, storage, disclosure, and protection of information when You use the Service. It also explains Your privacy rights and how You may exercise those rights.
We use Your Personal Data to provide, operate, maintain, and improve the Service, respond to Your requests, and communicate with You when permitted. By using the Service or voluntarily providing information to Us, You acknowledge the practices described in this Privacy Policy.
Interpretation and Definitions
Interpretation
Words with an initial capital letter have meanings defined under the following conditions. These definitions have the same meaning whether they appear in singular or plural.
Definitions
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. “Control” means ownership of 50% or more of the shares, equity interests, or other securities entitled to vote for the election of directors or another managing authority.
Company, referred to as either “the Company,” “We,” “Us,” or “Our,” means Kirby Marine, located at 222 JT Connell Highway, Newport, RI 02840.
Cookies are small files placed on Your computer, mobile device, or other device that may contain information about Your browsing activity.
Country refers to Rhode Island, United States.
Device means any device that can access the Service, including a computer, mobile phone, or tablet.
Personal Data means information that identifies, relates to, describes, or could reasonably be linked with an identified or identifiable individual.
Service refers to the Website and related services offered by the Company.
Service Provider means a person or legal entity that processes information on behalf of the Company. Service Providers may help Us operate the Website, provide communications, process requests, maintain systems, analyze Service usage, or perform other business functions.
SMS or Text Messaging means communications sent to or received from a mobile telephone number using short message service or similar messaging technology.
Usage Data means information collected automatically through use of the Service or from the Service’s technical infrastructure.
Website refers to Kirby Marine, accessible at https://www.kirbymarine.com.
You means the individual accessing or using the Service, or the company or other legal entity on behalf of which that individual accesses or uses the Service.
Collecting and Using Your Personal Data
Types of Data Collected
Personal Data
When You use Our Service, complete a website form, request information, communicate with Us, or otherwise interact with the Company, We may ask You to provide personally identifiable information.
The information We collect may include:
First name and last name
Email address
Telephone or mobile phone number
Address, city, state, province, and ZIP or postal code
Information included in messages, inquiries, or form submissions
Product, service, inventory, financing, or appointment interests
Communication preferences
SMS consent and opt-in records
Information required to respond to or complete Your request
Usage Data
We collect Personal Data directly from You when You submit it through the Website, contact Us by telephone or email, opt in to receive text messages, visit one of Our locations, or otherwise communicate with Us.
We may also collect information automatically through Cookies, analytics technologies, server logs, and similar tools when You access or use the Service.
Usage Data
Usage Data is collected automatically when You use the Service.
Usage Data may include information such as Your Device’s Internet Protocol address, browser type, browser version, pages of the Service that You visit, the date and time of Your visit, the amount of time spent on those pages, unique device identifiers, referring URLs, and other diagnostic information.
When You access the Service through a mobile device, We may automatically collect information including the type of mobile device You use, Your mobile device identifier, Your mobile device’s IP address, Your mobile operating system, the type of mobile browser You use, and other diagnostic data.
We may also collect information that Your browser or Device sends whenever You visit or interact with the Service.
Tracking Technologies and Cookies
We use Cookies and similar tracking technologies to monitor activity on the Service, store certain information, maintain Website functionality, understand how the Website is used, and improve Our services.
Technologies We may use include:
Cookies or Browser Cookies
A Cookie is a small file placed on Your Device. You may instruct Your browser to refuse Cookies or alert You when a Cookie is being sent. However, if You do not accept certain Cookies, some parts of the Service may not function properly.
Unless You have configured Your browser to refuse Cookies, Our Service may use Cookies.
Web Beacons
Certain portions of the Service and Our emails may contain small electronic files known as web beacons, clear GIFs, pixel tags, or single-pixel GIFs. These technologies may allow the Company to count users who visit certain pages or open emails and to collect related Website statistics.
Cookies may be either “Persistent” or “Session” Cookies. Persistent Cookies remain on Your Device after You close Your browser, while Session Cookies are deleted when You close Your browser.
We may use the following categories of Cookies:
Necessary or Essential Cookies
Type: Session Cookies
Administered by: Us
These Cookies are necessary to provide services available through the Website and enable certain Website features. They may help authenticate users, maintain security, and prevent fraudulent use of accounts.
Cookies Policy or Notice Acceptance Cookies
Type: Persistent Cookies
Administered by: Us
These Cookies identify whether users have accepted or responded to a Cookie notice on the Website.
Functionality Cookies
Type: Persistent Cookies
Administered by: Us
These Cookies allow Us to remember choices You make when using the Website, such as login details, form selections, or language preferences. Their purpose is to provide a more personalized experience and prevent You from having to re-enter preferences during future visits.
Why We Collect and Use Personal Data
The Company may collect and use Personal Data for the following purposes:
To Provide and Maintain the Service
We may use information to operate the Website, provide requested features, maintain Website security, diagnose technical problems, and monitor Service performance.
To Manage Your Account
We may use Personal Data to manage Your registration and provide access to account features or restricted areas of the Service.
To Respond to Requests
We may use Personal Data to respond to inquiries, provide information, process form submissions, schedule appointments, provide estimates, or address customer service requests.
To Perform a Contract
We may use Personal Data to develop, perform, manage, or complete a contract for products or services You have purchased, requested, or agreed to receive.
To Contact You
We may contact You by email, telephone, SMS, or another form of electronic communication regarding:
Your inquiries or requests
Appointments or service updates
Transactions or account activity
Products or services You requested
Operational or security notices
Other communications permitted by Your consent or applicable law
To Provide Marketing Communications
Where permitted by law and based on Your preferences or consent, We may provide information about products, services, promotions, or events that may be of interest to You.
You may opt out of marketing email communications by using the unsubscribe instructions included in those emails.
Marketing email consent and SMS consent are managed separately. Providing consent to receive email communications does not automatically constitute consent to receive SMS messages.
To Manage SMS Communications
When You voluntarily provide Your mobile telephone number and expressly opt in to SMS messaging, We may use Your number to send messages covered by the consent language presented to You at the time of opt-in.
SMS communications may include customer service messages, responses to inquiries, appointment information, service-related updates, requested information, or promotional messages where You have separately agreed to receive them.
Consent to receive SMS messages is not a condition of purchasing any goods or services.
For Analytics and Service Improvement
We may use information to analyze usage trends, measure Website performance, evaluate communication effectiveness, improve Our products and services, and enhance customer experience.
For Legal and Security Purposes
We may use information to comply with applicable laws, enforce agreements, protect the security of Our Service, prevent fraud, respond to legal requests, and protect the rights, safety, and property of the Company, Our customers, and others.
For Business Transactions
We may use information to evaluate or complete a merger, acquisition, financing, restructuring, reorganization, dissolution, sale of assets, or similar business transaction.
SMS and Mobile Information Privacy
When You provide Your mobile number through a website form, telephone conversation, written agreement, or another opt-in method, We will use that information only in accordance with the consent You provided and this Privacy Policy.
No mobile information will be shared with third parties or affiliates for marketing or promotional purposes. All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties. You can always decline or stop receiving messages by responding “STOP” at any time. For more information, reply “HELP.” Message and data rates may apply. Message frequency varies.
We may disclose mobile telephone numbers and related information only to Service Providers that are necessary to deliver, route, support, or administer Our text messaging services. These Service Providers may process the information solely on Our behalf and may not use it for their own marketing or promotional purposes.
SMS opt-in records, consent information, message history, and mobile telephone numbers will not be sold, rented, or shared with third parties or Affiliates for their independent marketing or promotional purposes.
SMS Consent and Opt-Out Rights
You will receive SMS messages from Us only when You have provided the required consent or when the message is otherwise permitted by applicable law.
You may withdraw Your SMS consent at any time by:
Replying STOP to any text message from Us
Contacting Us using the information listed in the “Contact Us” section
Requesting that Your mobile number be removed from Our SMS messaging list
After You submit a STOP request, You may receive a final confirmation message stating that You have been unsubscribed. After that confirmation, You will no longer receive SMS messages from the applicable messaging program unless You provide consent again.
For assistance, reply HELP to a message or contact Us directly.
Message and data rates may apply depending on Your mobile carrier and service plan. Message frequency varies depending on Your requests, transactions, and communication preferences.
Wireless carriers are not liable for delayed or undelivered messages.
The SMS consent language displayed on Website forms is separate from this Privacy Policy. This Privacy Policy does not replace the SMS disclosure or consent statement presented at the point where a mobile number is collected.
Sharing and Disclosure of Personal Data
We do not sell or rent Your Personal Data to third parties for their independent marketing purposes.
We may disclose Personal Data in the following limited circumstances:
With Service Providers
We may share necessary Personal Data with Service Providers that help Us host the Website, maintain business systems, process requests, provide analytics, facilitate communications, deliver SMS or email messages, prevent fraud, or perform other services on Our behalf.
Service Providers are authorized to use Personal Data only as necessary to provide services to Us and are expected to protect the information they process.
Mobile information, SMS opt-in data, and SMS consent records will not be shared with Service Providers for their independent marketing or promotional purposes.
For Business Transactions
We may transfer Personal Data as part of a merger, acquisition, financing, restructuring, bankruptcy, sale of assets, or similar business transaction. Any recipient of Personal Data will be required to process the information in accordance with applicable law.
SMS opt-in data and consent information may not be used for marketing or promotional purposes by an acquiring party unless You provide the legally required consent.
With Affiliates
We may share Personal Data with Affiliates for internal operational, administrative, or service-related purposes. Affiliates receiving information must protect it in accordance with this Privacy Policy.
Mobile information and text messaging originator opt-in data and consent will not be shared with Affiliates for marketing or promotional purposes.
With Business Partners
We may share limited information with business partners when necessary to provide a product, service, event, or promotion that You specifically requested or agreed to participate in.
We will not share mobile telephone numbers, SMS opt-in information, or SMS consent records with business partners for their marketing or promotional purposes.
With Your Consent
We may disclose information for another purpose when You have knowingly and voluntarily consented to that disclosure.
For Legal Requirements
We may disclose Personal Data when We reasonably believe disclosure is necessary to:
Comply with applicable law, regulation, legal process, or governmental request
Protect and defend the rights or property of the Company
Prevent or investigate suspected fraud or wrongdoing
Protect the personal safety of users, customers, employees, or the public
Protect against legal liability
Enforce Our agreements and policies
Retention of Personal Data
The Company retains Personal Data only for as long as reasonably necessary to fulfill the purposes described in this Privacy Policy, unless a longer retention period is required or permitted by law.
The length of time We retain information depends on factors including:
The purpose for which the information was collected
Whether We have an ongoing relationship with You
Whether the information is needed to provide a requested service
Contractual, accounting, tax, insurance, or legal requirements
The need to resolve disputes or enforce agreements
Security, fraud prevention, and recordkeeping requirements
Whether You have withdrawn consent or requested deletion
Customer inquiries and form submissions may be retained for as long as necessary to respond to the inquiry, maintain appropriate business records, and comply with legal obligations.
SMS consent and opt-in records may be retained for as long as You participate in the SMS program and for an additional period after You opt out when reasonably necessary to document consent, opt-out requests, regulatory compliance, or dispute resolution.
When Personal Data is no longer reasonably necessary, We may delete, anonymize, aggregate, or securely dispose of it.
Usage Data is generally retained for a shorter period unless it is needed to improve security or Service functionality or We are legally required to retain it for a longer period.
Transfer of Personal Data
Your information, including Personal Data, may be processed at the Company’s operating offices and in other locations where Our Service Providers operate.
This means information may be transferred to and maintained on systems located outside Your state, province, country, or other governmental jurisdiction, where privacy laws may differ from those in Your location.
Where required, the Company will take reasonable steps to ensure that transferred information receives appropriate protection and is processed in accordance with this Privacy Policy and applicable law.
Your Privacy Rights and Choices
Depending on Your location and applicable law, You may have the right to:
Request confirmation of whether We process Your Personal Data
Request access to Personal Data We maintain about You
Request correction of inaccurate or incomplete Personal Data
Request deletion of Personal Data
Withdraw consent where processing is based on consent
Object to or restrict certain processing activities
Opt out of marketing communications
Opt out of SMS messages
Request information about how Personal Data has been used or disclosed
Request a copy of certain Personal Data in a portable format
Submit a complaint concerning Our privacy practices
You may withdraw Your consent at any time by contacting Us. Withdrawing consent will not affect the lawfulness of processing performed before the withdrawal.
You may opt out of SMS messages by replying STOP. You may request SMS assistance by replying HELP.
You may request access, correction, deletion, or another privacy action by contacting Us using the information provided in the “Contact Us” section.
We may need to verify Your identity before completing a privacy request. Verification may require You to provide information that reasonably matches information already maintained by the Company.
Certain requests may be denied or limited when permitted by law, including when retaining information is necessary to comply with a legal obligation, complete a transaction, prevent fraud, protect security, exercise legal rights, or maintain required records.
Complaints and Privacy Concerns
If You have a concern or complaint about how Your Personal Data, mobile number, or SMS consent information has been collected, used, stored, or disclosed, You may contact Us using the telephone number listed in the “Contact Us” section.
Please include sufficient details about Your concern so that We can identify the relevant interaction and investigate the matter. We may contact You to request additional information or verify Your identity.
We will review privacy complaints and respond within a reasonable period, taking into account the nature and complexity of the request.
You may also have the right to submit a complaint to an applicable state attorney general, consumer protection authority, privacy regulator, or another governmental authority with jurisdiction over the matter.
Delete Your Personal Data
You have the right to request deletion of Personal Data We have collected about You, subject to legal limitations and exceptions.
The Service may allow You to update or delete certain information through Your Account settings.
You may also contact Us to request access to, correction of, or deletion of Personal Data You have provided.
We may retain certain information when necessary to comply with legal obligations, document SMS consent or opt-out requests, prevent fraud, resolve disputes, enforce agreements, or exercise legal rights.
Disclosure of Personal Data
Business Transactions
If the Company is involved in a merger, acquisition, financing, restructuring, bankruptcy, or sale of assets, Personal Data may be transferred as part of that transaction.
Where required, We will provide notice before Personal Data becomes subject to a materially different privacy policy.
Law Enforcement
Under certain circumstances, the Company may be required to disclose Personal Data in response to a valid request from a court, government agency, regulator, or law enforcement authority.
Other Legal Requirements
The Company may disclose Personal Data when it believes in good faith that disclosure is necessary to:
Comply with a legal obligation
Protect and defend the rights or property of the Company
Prevent or investigate possible wrongdoing involving the Service
Protect the personal safety of users of the Service or the public
Protect against legal liability
Security of Personal Data
The security of Your Personal Data is important to Us. We use reasonable administrative, technical, and organizational safeguards designed to protect Personal Data against unauthorized access, use, alteration, loss, disclosure, or destruction.
However, no method of transmitting information over the Internet or storing information electronically is completely secure. Although We strive to use commercially reasonable protections, We cannot guarantee absolute security.
Children’s Privacy
Our Service is not directed to children under 13 years of age, and We do not knowingly collect Personal Data from children under 13.
If You are a parent or guardian and believe that a child has provided Personal Data to Us, please contact Us. If We learn that We collected Personal Data from a child under 13 without legally required parental consent, We will take reasonable steps to delete the information.
If applicable law requires parental consent for individuals above or below a different age, We will comply with those requirements.
Links to Other Websites
The Service may contain links to websites that are not operated or controlled by Us.
When You select a third-party link, You will be directed to that third party’s website. We recommend reviewing the privacy policy of every website You visit.
We are not responsible for the content, privacy policies, security, or practices of third-party websites or services.
Changes to This Privacy Policy
We may update this Privacy Policy periodically to reflect changes in Our practices, services, technology, legal requirements, or other operational needs.
When We update this Privacy Policy, We will post the revised version on this page and update the “Last updated” date at the top.
Where required by law, We may also provide notice by email, through the Service, or by another appropriate method before material changes become effective.
You are encouraged to review this Privacy Policy periodically. Changes become effective when posted unless otherwise stated.
Contact Us
If You have questions, requests, complaints, or concerns regarding this Privacy Policy or Our handling of Personal Data, You may contact Us:
Kirby Marine
222 JT Connell Highway
Newport, RI 02840
Phone: 401.847.0321