1. COLLECTION OF INFORMATION
We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (“personal information”). In particular, we have collected the following categories of personal information from consumers within the last twelve (12) months:
- IDENTIFIERS: Name, postal address, email address,
- CUSTOMER RECORDS INFORMATION: Name, address, telephone number
- COMMERCIAL INFORMATION: Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies
- INTERNET OR OTHER ELECTRONIC NETWORK ACTIVITY INFORMATION: Browsing history, search history, and information regarding a consumer’s interaction with an Internet website, application, or advertisement
A. Purpose. Users can access limited features of this website without disclosing personal information. In order to access the entire website, users may need to register for an account, which will provide the registrant with full access to the website, including access to the website’s forums, message boards and chat rooms.
B. Information Sought During Registration. During the account registration process, you will be asked to submit personal information, including your proper name and at least one active e-mail address. At this time, you will also have the opportunity to subscribe to website services, newsletters and other promotions regarding Hobie Cat products and/or services. Information such as your name, e-mail address, phone number and physical address may also be requested in order to register Hobie Cat products.
C. Information Sought to Fulfill Catalogue Requests and Dealer Inquiries. Personal information including your name, e-mail address, physical address and phone number may be requested in order to provide you with a physical or electronic copy of our catalogue(s) or put you in touch with your nearest Hobie Cat dealer or Hobie Cat owners club.
D. Information Sought During Website Sweepstakes or Contests. When the website offers sweepstakes or contests, personal information is collected in order to contact or notify you if you win the sweepstakes or contest.
E. When you speak to us at an event, we may collect the following information from you: name, address, email address, phone number and other contact information. We collect this information so that we can contact you to keep you up to date with our products and pursue business opportunities with you.
F. Automatically Collected Information. Information concerning your computer hardware and software is automatically collected and may be shared with other Hobie Cat websites. This information may include: your IP address, browser type, domain names, device type, screen resolution, access times and referring website addresses. Hobie Cat uses selected third-party analytics providers to collect and process this information to maintain the quality of its service and to provide general statistics about website visitors.
2. USE OF INFORMATION
When you phone, email, or submit information through our website, we may handle your personal information (your name, contact details and the other details you provide to us) to provide the customer services you have asked us to. This could be for product information, warranty or repair inquiries, or dealer services.
We rely on your consent to handle your personal information in this way. Please keep in mind that if you do not provide us with the personal information, we request from you for customer service purposes, we may not be able to fully answer your queries.
If you have opted in to receive marketing communications from us, we will use your email address to provide you with marketing communications in line with any preferences you have told us about.
When we send you marketing emails, we rely on your consent to contact you for marketing purposes. Every email we send to you for marketing purposes will also contain instructions on how to unsubscribe from receiving them.
You are not under any obligation to provide us with your personal data for marketing purposes.
You can tell us that you do not want your personal information to be processed in this way at any time by contacting us at firstname.lastname@example.org or, where relevant, by following the unsubscribe link shown in every marketing communication you receive from us.
Information concerning your geographical location is used to determine if Hobie Cat should provide regionalized information to its customers. When you complete an online warranty registration, we request your name, email address, mailing address, phone number and purchase related information in order to contact you with updates and notifications in the event of a product issue.
When you voluntarily enter a sweepstakes or contest, we request your e-mail address and other contact information, so we can contact you in the event you are a winner of the sweepstakes or contest.
Hobie Cat provides links to send e-mail messages to this website for your convenience and your e-mail address may be used to reply to your inquiry.
Hobie Cat tracks the pages on this website that our customers visit in order to determine which areas of the website are most popular. This data is used to deliver customized content and advertising within the website to customers whose behavior indicates that they are interested in a particular subject area.
We use your personal information and share your aggregated, anonymous data with third party analytics and search engine providers for the purposes of improving and optimizing our customer experience.
We process your data for this reason because we have a legitimate interest to provide you with the best customer experience we can.
Hobie Cat sometimes hires service providers to provide limited services on our behalf, such as sending newsletters, providing customer service, and performing statistical analysis of our services. We will only provide those service providers with the information that they need to provide us with such services, and we prohibit them from using that information for any other purpose.
3. TRANSMISSION, TRANSFER AND STORAGE OF DATA
A. TRANSMISSION AND TRANSFER Hobie Cat may store and process user’s data and personal information in the United States or any other country in which Hobie Cat or its affiliates, subsidiaries, or agents maintain facilities. By using Hobie Cat’s websites, you consent to any such transfer of information outside of your country.
Except as otherwise stated below, the personal information you provide on this website will not be shared with any third-parties other than Hobie Cat’s affiliates, subsidiaries, partners, contractors and service providers with whom Hobie Cat reserves the right to share information without your express permission. We may transmit the personal information we collect on this website to other countries where we do business, but we will do so only for the purposes described herein.
In the preceding twelve (12) months, we have not sold any personal information.
B. STORAGE Hobie Cat maintains your information on computer servers in a controlled, secure environment, protected from unauthorized access, use or disclosure. We employ administrative, physical, and electronic measures designed to protect your information from unauthorized access. However, despite those efforts, no security measures are perfect or impenetrable and no method of data transmission can be guaranteed against any interception or other type of misuse. If you choose to create a profile on Hobie Cat’s websites or if you choose to register for an account, you will be required to select a password. This password can be changed at any time after you first log into the service by using your current password. You must keep your password confidential and you must not share this information with anyone. If you share a computer with anyone, you should always log out of the website before leaving it to prevent access to your information from subsequent users of that computer.
We will only retain your personal information for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any accounting or legal requirements.
To determine the appropriate retention period for the personal information we hold, we consider the amount, nature and sensitivity of the personal information, the risk of harm from unauthorized use or disclosure of your personal information, the reasons why we handle your personal information and whether we can achieve those purposes through other means, and the applicable legal requirements. If you require further information about our specific retention periods, please contact us at.
4. INFORMATION FROM OTHER SOURCES
We sometimes supplement the information that we receive that has been outlined in this Policy with information from other sources and companies. Such outside information includes updated delivery and address information from carriers or third parties, which enables us to correct our records and deliver your next purchase from this website or future communications more easily; account information, purchase or redemption information, and page-view information from some merchants with which we operate co-branded businesses or for which we provide technical, fulfillment, advertising, or other services; search term and search result information from some searches conducted through the Web search features; search results and links, including paid listings (such as Sponsored Links from Google); and credit history information from credit bureaus, which we use to help prevent and detect fraud and to offer certain credit or financial services to some customers.
6. USE OF WEB BEACONS
Hobie Cat’s website pages may contain electronic images known as web beacons—also referred to as single-pixel gifs—that permit Hobie Cat to count users who have visited those pages and for other related website statistics – (e.g., recording the popularity of certain website content and verifying system and server integrity). Web beacons are not used to access your personal information on Hobie Cat’s websites; they are solely used to compile aggregated statistics concerning the use of the Hobie Cat’s websites. Web beacons collect only a limited set of information including a cookie number, the time and date of a page view, and a description of the page on which the web beacon resides.
7. DO NOT TRACK
Do Not Track (DNT) is a privacy preference user can set if they do not want web services to collect information about their online activity. However, there is currently no universal standard for sending and receiving DNT signals. Due to this lack of universal standard, it would be impossible for us to promise that we comply with all known and unknown DNT standards.
Therefore, Hobie Cat does not in any way monitor or respond to DNT signals or other mechanisms that provide a choice regarding the collection of personally identifiable information about activities over time and across different websites or online services.
If a universal standard for DNT becomes available, we may revisit our DNT Policy.
8. COMMUNITIES AND FORUMS OFFERED THROUGH THIS WEBSITE
Any personally identifiable information or personally sensitive data that you disclose through the Communities, Forums, Message Boards, Chat Rooms, or other public online forums hosted on or linked to through this website, may be collected and used by others. We recommend caution when giving out personal information to others in these public online forums. Hobie Cat encourages you to review the privacy statements of websites you choose to visit via hyperlinks posted on this website so that you can understand how those websites collect, use and share your information. Hobie Cat is not responsible for the privacy policies or other content on third-party websites accessed through Hobie Cat’s website.
9. USER ACCESS TO AND CONTROL OF INFORMATION
You may access the information about you that we collect and process. For example, you may access information regarding recent orders from the website; personally, identifiable information (including name, e-mail, password, communications preferences, address-book); payment settings (including credit card information and gift certificates); e-mail notification settings; and prior order history.
With respect to your communications preferences, you can unsubscribe from newsletters by following the instructions included in the newsletter you receive. If your e-mail address has changed and you would like to continue to receive newsletters, you will need to access your account and update your e-mail address information in your account and sign-up again for the newsletter. Occasionally, Hobie Cat will send out e-mails concerning website disruptions, new products and other news about Hobie Cat’s products and services. These e-mails are sent to all account holders and are not subscription-based. Such e-mails are considered a part of Hobie Cat’s service to the users of its website.
We do not knowingly collect personal information from children under thirteen (13). If we learn that we have collected the personal information of a child under thirteen (13), we will take steps to delete the information as soon as possible.
11. CONDITIONS OF USE, NOTICES AND REVISIONS
12. EUROPEAN UNION CITIZENS
For the purposes of applicable EU data protection law (including the General Data Protection Regulation 2016/679 (the “GDPR”), we are a ‘data controller’ of your personal information.
If you are accessing this website and are a citizen of a nation within the European Union (EU), you should know that the EU has passed specific legislation regarding the use and transfer of your information. Hobie Cat does not sell, distribute, give, or otherwise provide your information to third parties in countries that do not provide an adequate level of data protection as evaluated by the European Commission.
You are also entitled to ask us to port your personal information (i.e. to transfer in a structured, commonly used and machine-readable format, to you), to erase it, or restrict its processing. You also have rights to object to some processing that is based on our legitimate interests, such as profiling that we perform for the purposes of direct marketing, and, where we have asked for your consent to process your data, to withdraw this consent as more fully described below.
These rights are limited in some situations – for example, we can demonstrate that we have a legal requirement to process your personal information. In some instances, this means that we may retain some data even if you withdraw your consent.
Where we require your personal information to comply with legal or contractual obligations, then provision of such data is mandatory: if such data is not provided, then we will not be able to manage our contractual relationship with you, or to meet obligations placed on us. In all other cases, provision of requested personal information is optional.
If you have unresolved concerns, you also have the right to complain to data protection authorities. The relevant data protection authority will be the data protection authority of the country: (i) of your habitual residence; (ii) of your place of work; or (iii) in which you consider the alleged infringement has occurred.
13. AUSTRALIAN CITIZENS
If you are accessing this website and are a citizen of Australia, you should know that your country has passed specific legislation in the interest of protecting your data. In compliance with this legislation, Hobie Cat will not transfer your data to any third parties in nations that do not share or exceed Australia’s data protection principles.
If you are an Australian citizen, you may access the data that we collect from you and process. For example, you may have access to information regarding recent orders from the website; personally identifiable information (including name, e-mail, password, communications preferences, etc.); payment settings (including credit card information and gift certificates); e-mail notification settings; and prior order history. You also have the right to correct any inaccurate information we may have received with regards to your personal data. If you would like to have such information permanently deleted from our records, copied for your records or corrected for accuracy please contact Hobie Cat.
14. CALIFORNIA PRIVACY RIGHTS
This PRIVACY NOTICE FOR CALIFORNIA RESIDENTS supplements the information contained in the Privacy Statement of the Hobie Cat Company and its subsidiaries and applies solely to visitors, users, and others who reside in the State of California. We adopt this notice to comply with the California Consumer Privacy Act of 2018 (“CCPA”) and other California privacy laws. Any terms defined in the CCPA have the same meaning when used in this notice.
Only you or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.
You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:
- Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
- Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use personal information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.
Deletion Request Rights
You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.
We may deny your deletion request if retaining the information is necessary for us or our service providers to:
- Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
- Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
- Debug products to identify and repair errors that impair existing intended functionality.
- Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
- Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.).
- Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent.
- Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
- Comply with a legal obligation.
- Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
Response Timing and Format
We endeavor to respond to a verifiable consumer request within 45 days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request's receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.
We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:
- Deny you goods or services.
- Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
- Provide you a different level or quality of goods or services.
- Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
To make such a request, please contact us:
Hobie Cat Company, Inc.
4925 Oceanside Blvd. Oceanside, CA 92056
e-mail to email@example.com
15. CONTACT INFORMATION