If you are in Europe, “personal information” covers all personal data processed by us, which means information that (either in isolation or in combination with other information) enables you to be identified directly or indirectly. “Europe” covers the European Economic Area and Switzerland.
1. WHAT INFORMATION DO WE COLLECT ABOUT YOU?
We collect your personal information when you provide it to us. We may also collect other information that you voluntarily provide to us, such as when you communicate with us via email, post, telephone or other channels; and when you respond to our communications or requests for information. We may record customer support calls or calls with dealers after notice to you. The types of information that may be collected may include, but are not limited to: name, postal address, shipping address, telephone numbers, email address, your interests and activities, product information such as boat and engine registries and hull identification numbers (HINs) and opinions on our Sites, products and Services.
In relation to certain Services and products provided, we may also collect: date of birth, age, emergency contact details or other identification details. We may also collect information about other people that you provide to us, for example when you submit another person’s name and address when you purchase a gift.
We collect information about you when you register on the Sites or for a Service. We also collect information when you voluntarily complete an enquiry form on the Sites or other Services or purchase or return goods or purchase Services offered through the Sites or otherwise.
Website usage information is collected using web logs and cookies. When you enter the Sites or use certain other Services, we may collect your browser and device information, such as IP address, hardware model, software, file names and versions, preferred languages, unique device identifiers, advertising identifiers, serial numbers and network information. We collect information about how you interact with us and the Sites and other Services, any preferences you express and settings you choose. This information is gathered for all visitors and users of the Sites or other Services.
We may receive information about you from other sources, such as our dealership network and other third parties, and publicly available information that help us: update, expand and analyze our records; identify new customers; identify new dealers; or prevent or detect fraud. We may combine the information collected from these sources with other information in our possession.
We may also receive information about you from social media platforms, such as when you interact with us on those platforms or access our social media content. Please note that the information we may receive from those third party sites (such as Facebook, Instagram, Twitter, LinkedIn, Vemmo and YouTube) is governed by the privacy settings, policies and/or procedures of the applicable platform, and we strongly encourage you to review them before submitting any information using a social media platform.
You can choose not to disclose certain information through Sites or Services, but then you might be limited in the Services you can take advantage of.
Any other information transferred by you in connection with your visit to the Sites or use of Services (that is, information that cannot be used to identify you) may be included in databases owned and maintained by Indmar Products, Inc or its agents. Indmar Products, Inc. retains all rights to these databases and the information contained in them.
We may also enhance or merge your information with data obtained about your online activities over time and across third party websites or other online services or publicly available information for the same purposes.
To help us make emails more useful and interesting, we may receive a confirmation when you open an email from us. We also may compare our customer list to lists received from third parties, in an effort to avoid sending unnecessary messages to you.
Where we host a message board in conjunction with a Service, you also may provide your information to be published or displayed on such public areas of the Sites or other Service (collectively, “User Content”). Your User Content is posted on and transmitted to others at your own risk. Any information you post publicly through a Service is available to the public without any expectation of privacy or confidentiality. Although we limit access to certain pages, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Service with whom you may choose to share your User Content. Therefore, Indmar Products, Inc. cannot and does not guarantee that your User Content will not be viewed by unauthorized persons.
We ask that you do not send us or disclose any sensitive information on or through the Services or otherwise, including personal information relating to: racial or ethnic origins; political opinions; membership of a political association; religion or other beliefs; health or medical conditions; genetic or biometric information; trade union membership; membership of a professional or trade association; sex life or sexual orientation; or criminal background. Unless you are located in Australia, if any sensitive information is freely available or accessible in the public domain, we will not have any obligations to you regarding that information.
You agree not to post any abusive, obscene, vulgar, slanderous, hateful, threatening, sexually orientated, or indecent material or any other material that may violate any laws or standards of decency, be it of your country, the country where the message board is hosted or internationally. Doing so may lead to you being immediately and permanently banned from some or all of the Service(s), with notification to your Internet Service Provider if we deem it necessary or expedient. The IP addresses of all posts are recorded to aid in enforcing these conditions. You agree that we have the right to remove, edit, move or close any topic at any time should we see fit for any reason. As a user you agree to any information you have entered being stored in databases and backup or other files. Any information revealed in a posting to a message board becomes public information. Please exercise discretion and caution while using the message board. We are not responsible for any third-party use of any information you disclose through your use of the message board.
We comply with the Digital Millennium Copyright Act. The Digital Millennium Copyright Act lays out a system of legal requirements for dealing with allegations of copyright infringement.
2. IF YOU ARE IN EUROPE – WHAT ARE OUR RESPONSIBILITIES TO YOU?
If you are in Europe, for the purposes of the EU General Data Protection Regulation 2016/679 (the “GDPR”) and the equivalent Swiss arrangements, the organization within Indmar Products, Inc. which collected personal information about you and determines the purposes and means of the processing of your personal information will be the data controller for that personal information. Although other organizations within Indmar Products, Inc. may also act as data controllers where they control the use or processing of such personal information, there is a single point of contact for all the Indmar Products, Inc. data who can be contacted as noted below:
5400 Old Millington Road | Millington, TN 38053
3. HOW WE MAY USE AND SHARE THE INFORMATION WE COLLECT
We may use the information we collect:
- to respond to your enquiries;
- to provide you with goods and services that you request and participate in events, competitions, sweepstakes and surveys and process guarantee claims, returns and refunds;
- to present our Sites or Services to you and send you marketing communications and other information or materials that may be of interest to you or which you have expressed an interest in receiving, such as email newsletters and print catalogues and magazines for which you have subscribed;
- to maintain our list of contacts;
- for Indmar Products, Inc business purposes, such as: improving the provision of our Services, products and services; warranty registrations; providing service bulletins and advisories; data analysis; submitting invoices and debt collection; detecting, preventing and responding to actual or potential fraud, illegal activities or intellectual property infringement; and providing support to customers and dealers (including in relation to agreements between customers and dealers);
- to better understand your needs and assess the effectiveness of our events, promotional campaigns and publications; and
- as we believe reasonably necessary or appropriate to: comply with our legal obligations; respond to legal process or requests for information issued by government authorities or other third parties; or protect your, our or others’ rights, such as exchanging information with other companies and organizations
- for fraud protection and credit risk reduction.
We may share the information we collect:
- with third party service providers engaged by us to perform services on our behalf, such as web-hosting companies, information technology providers, web-development consultants, analytics providers, delivery of goods and services, processing of credit card payments, billing and debt collection, customer services, marketing and communications services and event hosting;
- with third parties who sponsor or co-sponsor or promote or co-promote an event or a competition, sweepstake, promotion, survey, or other activity or offering in which you participate;
- with law enforcement, courts or tribunals, other government authorities or third parties (within or outside the jurisdiction in which you reside) as may be permitted or required by the laws of any jurisdiction that may apply to us; as provided for under contract; or as we deem reasonably necessary to provide our services; or as we consider, in our judgment, to be in the best interests of Indmar Products, Inc., you, our dealers, third parties or society. In these circumstances, we take reasonable efforts to notify you before we disclose information that may reasonably identify you or your organization, unless giving prior notice is prohibited by applicable law or is not possible or reasonable in the circumstances;
- to protect the rights, property, or safety of Indmar Products, Inc. or others, such as exchanging information with other companies and organizations for fraud protection and credit risk reduction; and
- with service providers, advisors, potential transactional partners or other third parties in connection with the consideration, negotiation or completion of a transaction in which we are acquired by or merged or amalgamated with another company or we sell, liquidate or transfer all or a portion of our assets.
Other than as set out above, you will receive notice when information about you might go to third parties, and you will have an opportunity to choose not to share the information.
If you do not want us to use your personal information in these ways, please choose the relevant response on the form on which we collect your information or contact us as provided in Section 17 below.
Indmar Products, Inc. will never intentionally send Unsolicited Commercial Email or SPAM.
4. LEGAL GROUNDS FOR USING PERSONAL INFORMATION
We rely on the following legal grounds to process personal information, namely:
Performance of a contract:
We may need to collect and use personal information to enter into a contract with you or to perform a contract that you have entered into with us.
We may need to collect and use personal information to comply with legal obligations to which Indmar Products, Inc. is subject.
5. IF YOU ARE IN CALIFORNIA – CALIFORNIA CIVIL CODE COMPLIANCE
If you are a resident in California in the United States, Indmar Products, Inc. seeks to comply with the California Civil Code Section 1798.80-1798.84. That law permits you to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. You may only make such a request one time each year.
To make such a request, please contact us as advised in Section 17 below with any questions regarding such use of personal information.
6. MEASURES WE HAVE IN PLACE TO PROTECT AND SAFELY STORE THE INFORMATION WE COLLECT
The security of your personal information is important to us. When you enter personal information through a Service, we encrypt that information using secure socket layer technology (SSL) or other secure means for encryption. We follow generally accepted industry standards to protect the personal information submitted to us from loss, unauthorized access or disclosure, both during transmission and once we receive it. These measures include firewall protection, password encryption and restricted server access. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its security. You acknowledge that you are aware of security and privacy limitations, such as: (a) the limitation of security, privacy and authentication measures and features; and (b) that data or information on the Sites or server providing Services may be subject to hacking, password theft, electronic fraud and/or viruses. Subject to our obligations to you under the GDPR and the equivalent Swiss arrangements if you are in Europe and other applicable laws, we assume no liability for any disclosure of information due to errors in transmission, unauthorized third-party access or other acts of third parties, or acts or omissions beyond our reasonable control and you agree that you will not hold us responsible for any breach of security. Any transmission of your information is at your own risk. Therefore, we urge all users to exercise caution while using our Services.
We use several suppliers and service providers in connection with the operation of our business and they may maintain or have access to the personal information we process. For example, an IT service provider may see your personal information when providing software support, or a company which we use for delivery of goods, processing of credit card payments or a marketing campaign may process your personal information for us. When contracting with suppliers and/or service providers, Indmar Products, Inc. takes appropriate steps to ensure that such third parties are required to maintain adequate protection of personal information.
7. RETENTION OF THE INFORMATION WE COLLECT
We retain the information we collect for no longer than is reasonably necessary to fulfill the purposes for which we collect the information to comply with our legal obligations, and to serve our reasonable interests (e.g., until termination of any statutes of limitation).
Following completion of the services provided by us, we will either retain the related papers or store these records digitally.
Where personal information is retained for the purposes of sharing promotional material, and you no longer want to be contacted by us, please contact us as advised in Section 17 below. Please include your name and mailing address (as well as your email address) if you also prefer not to receive direct mail. Note that you may still receive service-related communications from us.
8. WEB LOG INFORMATION
Web log information is gathered when you visit our Sites or use certain Services by the computer that hosts our Sites or other Services (called a “server”). The server automatically recognizes some information, such as the date and time you visited our Sites or used another Service, the pages you visited, crashes, the website you came from, the type of browser you are using (e.g. Chrome), the type of operating system you are using, and location data. It helps us improve our Sites or other Services and to deliver a better and more personalized service, such as by enabling us to: (a) estimate our audience size and usage patterns; (b) store information about your preferences, allowing us to customize our Services according to your individual interests; (c) speed up your searches; and (d) recognize you when you return to our Sites or other Services.
10. IP ADDRESSES
The Sites and certain other Services may use Internet Protocol (IP) addresses. An IP address is a number assigned to your computer by your Internet Service Provider, so you can access the Internet. Generally, an IP address changes each time you connect to the Internet (it is a dynamic address). Note, however, that if you have a broadband connection, depending on your individual circumstance, it is possible that your IP address that we collect, or even perhaps a cookie we use, may contain information that could be deemed identifiable. This is because with some broadband connections your IP address doesn’t change (it is static) and could be associated with your personal computer. We use your IP address to report aggregate information on use and to help improve the Sites and other Services.
11. HOW WE RESPOND TO DO NOT TRACK SIGNALS AND APPLY LOCAL SHARED OBJECTS, PIXEL TAGS, WEB BEACONS, ANALYTICS, TAILORED ADVERTISING AND LOCATION INFORMATION
Do Not Track is a privacy preference that visitors and users can set in their browsers. When a visitor or user turns on the Do Not Track signal, the browser sends a message to websites requesting them not to track the visitor or user. For information about Do Not Track, visit www.allaboutdnt.org. At this time, the Sites do not respond to Do Not Track browser settings or signals.
In addition, the Sites or other Services may use other technology that is standard to the Internet, such as local shared objects, pixel tags, web beacons and other similar technologies, to track visitors to or users of the Sites or other Services. Those tools may be used by us and third parties (such as Facebook and Google) to collect information about you and your Internet activity, even if you have turned on the Do Not Track signal.
When you use a smart phone, mobile device or computer to access the Sites or other Services, we may collect information about your physical location. We may combine this information with other location-based information (e.g. your IP address and billing/postal address), to provide you with other services on your device. We share your location information only with third parties that help us provide you with services, such as our dealership network. You can opt-out of sharing this information by changing the permissions in your device.
We do not knowingly collect information on individuals under the age of 18 or solicit personal information from any person under the age of 18. No person under the age of 18 may provide any personal information to or on the Sites or other Services. If you are under the age of 18, please do not use or provide any information to or on the Sites or other Services or on or through any of its features, or use any of the interactive or public comment features of the Sites or other Services, or provide any personal information about yourself to Indmar Products, Inc., such as your name, address, telephone number, date of birth, age, emergency contact details, email address or any screen name or user name you may use. If we learn that we have collected or received personal information from a person under the age of 18, other than where such personal information has been provided by an adult (such as a parent or guardian), we will delete that information as quickly as possible. If you believe that we, with the exception of where such personal
information has been provided by an adult (such as a parent or guardian) might have any personal information from or about a person under the age of 18, please contact us as advised in Section 17 below. We encourage parents to monitor their children’s Internet usage and/or to use web filtering technology to supervise their children’s access to the Internet.
Although certain pages within the Site may reference children, we strictly intend for such portions of those websites to be used only by adults (such as parents or guardians).
Indmar Products, Inc. seeks to comply with the Children’s Online Privacy Protection Act instituted in April 21, 2000. The entire COPPA documentation can be viewed here.
13. CAREER INQUIRIES
14. UPDATING YOUR INFORMATION, OPT IN AND OUT OPTIONS AND CHOICES ABOUT HOW WE USE AND DISCLOSE YOUR INFORMATION – OTHER THAN IF YOU ARE IN EUROPE
You may request that we correct, update or remove personal information previously provided to us (including opting in to or out of receiving promotional emails from us) by contacting us as advised in Section 17 below. All our general emails also contain an unsubscribe link at the bottom and you can unsubscribe to such emails at any time by clicking on that link. Please include your name and mailing address (as well as your email address) if you also prefer not to receive direct mail. Note that you may still receive service-related communications from us.
We will use reasonable commercial efforts to make changes you request, but it is not always possible or commercially reasonable to modify database or backup information. We may retain certain information unaltered for legal or other appropriate reasons. To the extent that personal information was provided to third parties, we will not be able to make changes to it. Information may not be completely removed from our database(s) due to technical constraints and the fact that we back-up our systems. If you are located in Australia and we do not correct your personal information in the way requested, you have the right to associate with the information a statement that the information is inaccurate, out-of-date, incomplete, irrelevant or misleading, and we will take such steps as are reasonable in the circumstances to associate that statement with all records we hold that contain the relevant information.
15. IF YOU ARE IN EUROPE – CHOICES AND RIGHTS IN RESPECT OF THE INFORMATION WE HOLD
If you are in Europe, personal information must be processed in line with individuals’ rights, including the right to:
- request a copy of their personal information;
- request that their inaccurate or incomplete personal information is corrected;
- request that their personal information is deleted and destroyed in certain circumstances;
- object to processing or request that the processing of their personal information is restricted in certain circumstances or withdraw consent, including to opt out of receiving communications (including electronic) from Indmar Products, Inc;
- not be subject to automated decision making; and
- request the transfer of their personal information in certain circumstances.
If you wish to exercise any of these rights, please contact us as advised in Section 17 below.
When making your request please provide:
- your full name and address; and
- details of your request and/or the information you want. Please be as specific as possible, and if it is not obvious, it would be helpful if you could explain why you expect us to hold your personal information.
We may also ask you to provide further information in certain circumstances, such as to clarify the terms of your request or to confirm your identity.
However, please note that for practical and/or technical reasons it may not be possible to remove or correct certain information.
All our general emails also contain an unsubscribe link at the bottom and you can unsubscribe to such emails at any time by clicking on that link.
16. Links to Other Websites
17. HOW TO CONTACT US
- If you have any queries concerning your personal information or any questions on our use of that information, please contact us as noted below or as otherwise advised on the Sites or other Services:
5400 Old Millington Road | Millington, TN 38053
18. IF YOU ARE IN AUSTRALIA
If you are located in Australia:
You consent to any disclosure of your personal information by us outside of Australia on the understanding that if the overseas recipient handles the personal information in breach of the Australian Privacy Principles, the entity will not be accountable under the Privacy Act and you will not be able to seek redress under the Privacy Act. The overseas recipient may not be subject to privacy obligations or any principles similar to the Australian Privacy Principles. Individuals may not be able to seek redress in some overseas jurisdictions and overseas recipients may be subject to a foreign law that could compel the disclosure of personal information to a third party such as an overseas authority.