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GENERAL PRIVACY POLICY

Effective Date: April 06, 2017

Brunswick respects your concerns about privacy and values its relationship with you.

This Privacy Policy applies to information collected by Brunswick Corporation, any affiliated or subsidiary companies (“Brunswick,” “we” or “us”), offline or online, including, but not limited to all websites or apps that post a link to this Privacy Policy (collectively, “the Sites”).

This Privacy Policy explains the types of information we collect, how we may use that information, and with whom we may share it. Our Privacy Policy also describes the measures we take to protect the security of the information. We also tell you how you can reach us to update your contact information, remove your name from our mailing lists, or get answers to questions you may have about our privacy practices. Please read this Privacy Policy carefully. By continuing to interact with our sites, you are agreeing to the practices described in this Privacy Policy.

INFORMATION WE COLLECT

You may choose to provide personal information including your name, address, telephone number, employer, email address, site password, and demographic information, health information, or financial information when you visit the Sites, create an account with us, or register a product or purchase with the Sites. Some of our sites may also offer you the option to interact with, capture, or save information through the Sites such as photos or forum posts.

We may also automatically collect information about the devices you use to interact with our Sites. The information we automatically collect may include device identifier, web browser, precise geolocation (with your knowledge and consent), and browsing information collected through cookies and beacons on our Sites, and IP address. We may also automatically collect information about how you use the Sites, such as what you have searched for and viewed with the Sites. The information automatically collected will be associated with any personal information you have provided.

USE OF INFORMATION

The personal information we collect may be used where Brunswick has a legitimate interest in or other legal basis for processing such data. In some situations the collection of personal information may be required for the operation of the Sites or to provide certain services or products. The information we collect may be processed for the following purposes:

• To serve the functions of the Sites;
• To manage everyday business needs, such as administration and improvement of the Sites;
• To analyze the Sites’ performance and functioning;
• To prevent fraud; to enforce the Sites’ Terms of Use; to comply with all applicable laws and corporate reporting obligations; and to enforce Brunswick’s agreements;
• To analyze how you use the Sites and to perform other market research;
• To communicate with you about our products and services;
• To provide you with advertisements based on your interests;
• To provide you with information on financial options for the purchase of our products;
• To facilitate your interaction through our Sites with other consumers, including through social networking; and
• To send you further notices, promotions, solicitations, brochures, or other marketing materials regarding our Sites, our products, and the services of our businesses, affiliates, business partners, or authorized dealers.

We may use your personal information to develop a personal profile about you. We may use the personal information in your profile to respond to requests for financial options for purchasing products and services from us.

If you notify us that you do not wish to be contacted for marketing purposes, we will not send you marketing information.

Our Sites do not collect personal information about your online activities over time and across third party websites or online services. Therefore, “do not track” signals transmitted from web browsers do not apply to our sites, and we do not alter any of our data collection and use practices upon receipt of such a signal.
Additional ways in which personal information may be collected and/or used are as follows:

Information You Provide

Precise Geolocation Information. In order to use some of the Sites, you may be required to allow Brunswick to collect your precise geolocation, with your knowledge and consent, to provide you with a product or service.

We may also use this precise geolocation information for analytics purposes, and may share your precise geolocation and information with third parties, including but not limited to dealers and parties who provide targeted advertising and analytics services.

Information Request. If you request information about our products (e.g., ordering a brochure, a catalogue, or a magazine), we may ask you to provide personal information and details, such as your name, email address, telephone number, intended use of the relevant product, interests, etc. You may choose to provide additional comments and requests. We, or the authorized dealer in your area, will use your details to send you the information you request and may use this information to communicate with you in the future about our products or services.

Newsletters and Other Communications. We may offer online or offline newsletters and other communications about our products, services and promotions. To sign up, we ask you for personal information, such as your name, postal address and email address. We, or the authorized dealer in your area, may use the information to send you the communications you request and to communicate with you about our products and services.

Feedback, Surveys, or Contests. We may offer you the opportunity to participate in online surveys, solicitations, or contests. Information we request may include contact information (such as e-mail address) and demographic information (such as number of family members and income ranges). Participation in surveys, solicitations, or contests is completely voluntary. Therefore, you have a choice as to whether to disclose any information. We, our business partners, or the authorized dealer in your area, may use the information provided to notify contest winners and award prizes, to monitor or improve the use of one or more websites or advertising, and to provide aggregated information for marketing analyses. Solicitations may take the form of mailings via U.S. mail; other couriers; or (if provided) email.

Careers. Our Sites may include a link to Brunswick Careers so that you may search for open Brunswick positions and apply for positions by submitting your resume and other personal information, such as your name, contact information, and job history. We use the information you submit to evaluate your interest in employment and to contact you regarding possible employment.

Locate a Dealer. Some of our Sites enable you to locate a dealer near you through the “find dealer” request form. Where this service is available, it is completely voluntary and you will have a choice as to whether to provide your personal information. In order to assist you in locating a dealer, we will ask you for information, such as your first and last name, full postal address and telephone number. We use this information to locate a dealer near you, to evaluate your needs and to give you the best and most relevant service. We, or the authorized dealer in your area, may use the information to communicate with you directly about our products and services.

Online Sales.

Brunswick Sites. Our branded merchandise may be offered for sale by Brunswick directly from the Sites. If you transact with Brunswick via our Sites, your information will be collected to process orders. Your information may be collected by Brunswick or by an authorized third party payment processor.

Third Party Sites. Our branded merchandise may be offered for sale by an authorized third party merchandise partner through a website they own and control, which may be linked to the Sites. If you transact with an authorized third-party merchandise partner, your purchase will be conducted on our authorized third party merchandise partner’s website subject to the third party’s privacy policies and terms of use. You should review the privacy policy and terms of use that apply to that third party’s website, which may apply to your transaction.

Product Financing and Credit Refinancing. In some instances, we may provide links to third party vendors for product financing or credit refinancing information for some of our products. If such a link is provided, your information is transmitted directly to the third party vendor and is not received by our companies. You should review the privacy policy and terms of use that apply to the third party vendor’s website.

Owner’s Programs or Rewards Programs. Some of our Sites may offer owner’s programs, reward programs, or coupons and request contact information and information on your product purchases so that we can enroll you in these programs and communicate with you.

Product Registration. From time to time, some of our Sites may offer online product registration. By registering your product online, you agree to that we, our business partners, an authorized dealer/service provider, or third-party advertising agency may contact you related to the product for a variety of reasons including, but not limited to, providing product notifications, as required by law, for customer service and/or warranty assistance, to maintain Brunswick’s databases and business processes, and/or to contact you for purposes otherwise stated in this Privacy Policy.

Referral Service. We may offer a referral service that allows you to inform your friends and other acquaintances about products and/or information contained on (or through) Brunswick’s websites. If you elect to use such a referral service, the following will apply: email address(es) will be collected for the purpose of sending a one-time email for which you will be noted as the sender of such email. Brunswick will be a service provider facilitating such delivery.

Electronic Delivery for Shareholders. If you are a Brunswick shareholder and would like to receive shareholder materials by email, we ask you to register for this service on the Brunswick.com website. Registering will also allow you to vote your shares online. To register, if you are a shareholder in the United States or Canada, you must provide your Social Security number or tax ID number, your email address and a 4-digit PIN. If you are a shareholder in a country other than the United States or Canada, you must provide your Brunswick shareholder account number, your email address and a 4-digit PIN. We use the information you provide to verify that you are a Brunswick shareholder, to register you for the electronic delivery service, and to provide you with the electronic delivery and voting services you requested. You may also update or cancel your registration on the site by providing the same information.

Information We Automatically Collect

We may collect certain information by automated means when you visit our Sites, such as how many users visited our Sites and the pages accessed. By collecting this information, we learn how to best tailor our Sites to our visitors. We collect this information through various means such as “cookies” and “web beacons.” In addition, we may collect IP addresses, as explained below.

Cookies. Like many companies, we use “cookies” on some of our Sites. Cookies are pieces of code placed on your devices when you visit certain websites. We use cookies to tell us, for example, whether you have visited us before or if you are a new visitor and to help us identify features of the Sites in which you may have the greatest interest. Cookies may enhance your online experience by saving your preferences while you are visiting a particular website.

Most web browsers will tell you how to stop accepting new cookies, how to be notified when you receive a new cookie, and how to disable existing cookies. Please note, however, that without cookies you may not be able to take full advantage of all the features and functionality of the Sites.

Web Beacons. Certain pages on our website contain “web beacons” (also known as Internet tags, pixel tags and clear GIFs). These web beacons allow third parties to obtain information such as the IP address of the computer that downloaded the page on which the beacon appears; the URL of the page on which the beacon appears; the time the page containing the beacon was viewed; the type of browser used to view the page; and the information in cookies set by the third party.

IP Addresses. An IP address is a unique identifier that certain electronic devices use to identify and communicate with each other on the Internet. When you visit our website and/or app, we may view the IP address of the device you use to connect to the Internet. We may then use this information to determine the general physical location of the device and understand the general locations of our website visitors. We also may use this information to enhance our website and/or app.

CHILDREN’S PRIVACY

Our Sites are general audience Sites not directed at children under the age of 13. If we obtain actual knowledge that any information we collect has been provided by a child under the age of 13, we will promptly delete that information.

LINKING SOCIAL NETWORK ACCOUNTS
Some of the Sites may allow you sign into and associate your social network accounts including, but not limited to, Twitter, LinkedIn, Facebook, YouTube, Instagram, and Pinterest with Brunswick.

By using this functionality you give Brunswick permission to access all of the elements of your social network profile information that you have made available to be shared and to use it in accordance with the social network’s terms of use and this Privacy Policy. Please refer to the privacy settings in your social network account for information about what data is shared with us and other connected applications and to manage the data that is shared through your account, including information about your activities using our sites.

Brunswick does not retain your username or password for social networking platforms for any longer than is necessary to complete an interaction. If you would like to disconnect a social media account from Brunswick, refer to the settings of that social media account and its provider.

INFORMATION WE SHARE

We may share the information you provide with affiliates, business partners, or authorized dealers to communicate with you about their products and services, and to send you further notices, promotions, solicitations, or brochures, and other marketing materials regarding our website, our products, and the services they provide. We may share your precise geolocation with third parties with your knowledge and consent, including but not limited to dealers and parties who provide targeted advertising and analytics services.

We also may share your information with third parties who perform services and functions on our behalf to support our interactions with you including, for example, providing our products and services, administering surveys or contests, hosting product reviews, or communicating with you. These third parties are not authorized by us to use or disclose the information except as necessary to perform services on our behalf or comply with legal requirements.

In addition, we may disclose information about you:

• If we are required to do so by law or legal process;
• To law enforcement authorities or other government officials;
• When we believe disclosure is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation of suspected or actual illegal activity;
• If this is necessary to protect the vital interests of a person;
• To enforce our Terms of Use;
• To protect our property, services and legal rights;
• To prevent fraud against Brunswick, our affiliates, business partners, or authorized dealers;
• To support auditing, compliance, and corporate governance functions; or
• To comply with any and all applicable laws.

We reserve the right to transfer any information we have about you in the event we sell or transfer all or a portion of our business or assets.

YOUR CALIFORNIA PRIVACY RIGHTS

If you are a California resident, California Civil Code Section 1798.83 permits you to request information regarding the disclosure of your personal information by us to third parties for the third parties’ direct marketing purposes within the immediately preceding calendar year. We will provide you with a list of the categories of personal information disclosed and a list of the names and addresses of the third parties. To make such a request, please send an email including evidence of residency in California to privacy@brunswick.com.

Some of the Sites provide the opportunity for you to publicly post content. If you are a California resident under the age of 18, and a registered user of any site where this policy is posted, California Business and Professions Code Section 22581 permits you to request and obtain removal of content or information you have publicly posted. To make such a request, please send an email with a detailed description of the specific content or information to privacy@brunswick.com. Please include evidence of residency in California, and age of requester. Please be aware that such a request does not ensure complete or comprehensive removal of the content or information you have posted and that there may be circumstances in which the law does not require or allow removal even if requested.

LINKS TO OTHER WEBSITES

Our Sites may provide links to other websites for your convenience and information. These websites may operate independently from our Sites. Linked websites may have their own privacy notices or policies, which we strongly suggest you review if you visit any linked websites. To the extent any linked websites you visit are not part of this website, we are not responsible for their content, any use of the websites, or the privacy practices of any of those websites.

THIRD-PARTY ADVERTISEMENTS

Third parties, including advertisers, may collect information, potentially including personal information, about your activities over time and across different websites when you use the Sites. Those third parties may also provide Brunswick with data collection, reporting, ad response measurement, analytical information, and assist with delivery of relevant marketing messages and advertisements.

Collection of your personal information by third parties is not governed by this Privacy Policy. Please consult the privacy policies of those third parties to determine how they collect and use your personal information. Many third-party advertisers and some web browsers and mobile devices allow you to opt out of third-party advertising. Information and resources to opt out of interest-based advertising are available from the Digital Advertising Alliance at http://www.aboutads.info/choices/. You may also opt out of tracking and receiving targeted advertisements on your mobile device by some mobile advertising companies and other similar entities by downloading the App Choices app at www.aboutads.info/appchoices.  Please note opting out through these mechanisms does not opt you out of being served advertising. You will continue to receive generic ads while visiting the Sites and elsewhere online.

INFORMATION WE TRANSFER

The Sites to which this Privacy Policy applies are subject to United States law, unless otherwise provided herein. By using the Sites or providing us with your personal information, you are directly transferring your personal information to us in the United States. In addition, we may transfer the personal information we collect on the Sites to other countries where we do business, which may not have the same data protection laws as the country in which you reside. When we transfer your information to other countries, we will protect that information as described here, even though a given country may not have the same privacy and data protection laws as the country in which you reside. You agree to and acknowledge our collection, transfer, and processing of your personal information in accordance with this Privacy Policy.

HOW WE PROTECT PERSONAL INFORMATION

We maintain administrative, technical and physical safeguards to protect against loss, misuse or unauthorized access, disclosure, alteration or destruction of the information you provide when visiting or using the Sites.

ACCESS AND CORRECTION

You have the right to request access to the personal information we have collected about you for the purposes of reviewing, modifying, or requesting deletion of the information. You also have the right to request a copy of the information we have collected about you. In certain situations, you may also request that we cease processing your information.

If you would like to make a request to access, review, or correct the personal information we have collected about you, please contact us at privacy@brunswick.com or through one of the methods in the “How to Contact Us” section, below.
To help protect your privacy and security, we will take reasonable steps to verify your identity, such as requiring a password and user ID, before granting access to your information.

You will be notified of any actions taken on your personal information in response to a request submitted for modification, deletion, or restrictions on the processing of your personal information.

RETENTION OF INFORMATION

Brunswick retains all personal information for the duration of the relevant business relationship or, where required, in accordance with its information management policies and schedules. When requested to delete personal information by the data subject, Brunswick will make reasonable attempts to ensure that all instances of the information are deleted in their entirety. For requests for access, corrections, or deletion, please refer to the “Access and Correction” section of this policy.

YOUR CHOICES

If you would like to update your contact information or preferences, have your information removed from our mailing lists, or no longer receive marketing e-mails resulting from information collected via product registration cards or other sources, you may do so by:

• Adjusting the settings in an account you created through the Sites;
• Unsubscribing via the links contained in emails from us; or
• Contacting us at privacy@brunswick.com or through one of the methods in the “How to Contact Us” section, below.

You have the right to withdraw your consent to the processing of your personal information at any time. You have the right to lodge a complaint with the appropriate privacy or data protection regulator in your jurisdiction.

UPDATES TO OUR PRIVACY POLICY

This Privacy Policy may be updated periodically. We may modify this Privacy Policy at any time in our sole discretion. If we make material changes to this Privacy Policy that increase our rights to use personal information we have previously collected about you, we will obtain your consent either through an email to your registered email address or by prominent posting on our sites.

HOW TO CONTACT US

If you have any questions or comments about this Privacy Policy, please contact:

Brunswick Corporation

Attn: Law Department

1 North Field Court
Lake Forest, IL 60045

Phone: 855-283-1103 or 847-735-4002

Email: privacy@brunswick.com

CANADIAN PRIVACY POLICY

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The information sharing practices described in this privacy policy apply to our current and potential customers, users of our internet sites, recipients of surveys or marketing information, and boating enthusiasts.

POLICY JURISDICTION

Both the General Privacy Policy and this Canadian Privacy Policy (the “Canadian Policy”) apply to citizens of Canada except that, for such persons (and only for such persons), where the provisions of the General Privacy Policy and the Canadian Policy cannot be construed consistently, the Canadian Policy will govern.  

CANADIAN PRIVACY STANDARD

The Personal Information Protection and Electronic Documents Act (“PIPEDA”) imposes requirements regarding the collection, use, and disclosure of personal information in relation to our commercial activities, as does private-sector privacy legislation in Quebec, Alberta and British Columbia.

This Canadian Policy applies to all personal information about you that we collect, hold, use and disclose, regardless of  the way in which we collect it (i.e. whether through a site or otherwise).

PERSONAL INFORMATION

Under federal Canadian privacy laws (and in this Canadian Policy), personal information is generally any information about an identifiable individual. It may include your name, age, mailing address, residential phone number, or e-mail address, and personal history, including income, financial, credit, and family information, billing history, and information concerning your purchases with our companies. The term, personal information, does not include your name, business title, business address, or business telephone number in your capacity as an employee of an organization or enterprise.

COLLECTION OF PERSONAL INFORMATION

We collect personal information from correspondence, product registration cards, surveys, faxes, e-mails, telephone inquiries, web forms, and other means of communication.  We collect such information when you order or agree to purchase or avail yourself of goods or services, as well as in the case of registrations to track warranty rights and obligations, to provide product information (whether with regard to recalls or otherwise), and other lawful purposes. We often collect personal information from you or from third parties and as agents on behalf of third parties, where we have obtained the requisite consent to do so or as otherwise permitted by law. Third parties include, as examples, organizations for whom we provide services to you or on your behalf, organizations that perform outsourcing and other services for us.  LUND WILL NOT SELL YOUR PERSONAL INFORMATION OR SUBJECT YOU TO TELE-MARKETING OR UNSOLICITED E-MAIL.

HOW WE USE PERSONAL INFORMATION

As a general matter, we collect your personal information primarily to provide goods and/or services to and for you, for administrative or management requirements, and to enhance our relationship with customers.  We identify additional purposes for which we use your personal information at the time we collect such information from you and obtain the requisite consent, unless otherwise permitted by law, prior to such other use.  We may also use your personal information as otherwise permitted by law.

We generally hold, collect, use and disclose your personal information for the following purposes.

(a) With respect to customers and other past, present, or potential users of our goods or services, we collect, use and disclose your personal information for the following purposes.

(i) Recording and using the information relevant to the provision of goods and/or services to you or on your behalf;

(ii) Recording and determining goods and/or services provided to you or on your behalf in your relationship with us;

(iii) Administration, billing, accounting and collection in relation to your business and relationship with us;

(iv) Protecting against fraud and error;

(v) Communicating with you generally or to ensure your satisfaction;

(vi) Communicating the information to a advertising agency or subcontractor (or other agents or intermediaries) in the course of a contract or mandate for the performance of any of the purposes listed above;

(vii) Fulfilling orders from you or on your behalf;

(viii) Fulfilling the terms of a warranty or other contractual obligation; and

(ix) Facilitating recalls or service campaigns if necessary.

(x) Providing you notices, promotions, new product brochures, and solicitations regarding the Site and the products and services of our businesses and those of our affiliates, business partners, or authorized dealers;

(b) With respect to our divisions, subsidiaries, and affiliates, we keep a file and collect, use, and disclose the information in it for the following purposes.

(i) Providing products and/or services to you or on your behalf:

(ii) Establish, manage or terminate an employment relationship:

(iii) Administrative or management requirements related to our provision of products;

(iv) Servicing, building and maintaining our relationship and expertise;

(v) Communicating with you generally, or to ensure your satisfaction, or to inform you of the development of, or other information regarding, products and/or services; and

(vi) Communicating to our advertising agencies, sub-contractors (or other agents or intermediaries) any of your personal information in the course of the performance of a contract or mandate for the execution of any of the purposes mentioned above.

See the paragraph below titled “Limitations” for more information about what we do not do with your personal information.

SHARING YOUR PERSONAL INFORMATION

We identify to whom, and for what purposes, we disclose your personal information. For example, we may disclose your personal information:

(a) For the specific purposes declared (or not limited by) the section below titled “Limitations”);

(b) To any of our offices or facilities in connection with the provision of goods and/or services to or on behalf of our customers, to establish, manage or terminate an employment relationship, and for administrative or management requirements, including analysis of relevant products, services, and markets;

(c)  To professional firms, government agencies, and any other organizations or enterprises, when required for services to and for customers, as well as for compliance and insurance obligations;

(d)  To third-party service providers with whom we have a contractual agreement and who have comparable levels of privacy protection, for the processing related to goods and services provided to, or on behalf of, customers, to establish, manage, and terminate an employment relationship, and for administrative or management requirements (such as, in all cases, for photocopying, printing and faxing, shredding, storage and other document management, payroll, information technology, including software maintenance, consulting and staffing services, collections, warranty tracking, accounting, and legal compliance);

(e)  To such persons for which you provide your consent; and

(f) As otherwise permitted by law.

When supplementary disclosure is required, we will identify (at the time we collect such information from you and obtain the requisite consent to such disclosure, unless otherwise permitted by law) the other persons, organizations, and/or enterprises and the other purposes to whom and for which disclosure may occur.

OBTAINING CONSENT

Except when otherwise permitted by law, we obtain the requisite consent prior to collecting and, in any case, prior to using or disclosing your personal information for any purpose. You may provide your consent to us orally, in writing, by electronic communication, or any other means reasonably capable of conveying your consent.  We will obtain your express consent if we collect, use or disclose sensitive information. Your consent may also be intrinsic to the circumstances such as in the case where you have already provided personal information to us and you maintain your relationship with us or where you provide our representatives with your phone number so that we can contact you. Except when otherwise permitted by law, we will only use the information for the purpose for which it was given. From time to time, we may collect, utilize, or disclose your personal information based on your consent and as otherwise permitted by law.

When your consent is required, you can withdraw consent at any time (unless withdrawing the consent would frustrate the performance of legal obligations) upon providing to us a 30-day notice. However, the withdrawal of your consent may adversely affect our ability to provide products and services to you and to maintain our relationship.

In certain circumstances, as permitted or required by law, we may collect, use, or disclose personal information without your knowledge or consent. These circumstances include (where applicable) information about individuals that is publicly available, where collection or use is clearly in the interests of the individual and consent cannot be obtained in a timely way, to investigate a breach or a contravention of a law, to comply with a subpoena, warrant, court order, or as required or otherwise permitted by law.

THIRD PARTIES

We remain responsible for all personal information communicated to third parties for processing. As such, we ensure that third parties that are engaged to provide products or services on our behalf and are provided with personal information are required to observe the intent of this Canadian Policy by having comparable levels of security protection or, when required, by assuring us (through a confidentiality agreement) that they will not use or disclosure the personal information for any purpose other than the purpose for which the personal information was communicated.

LIMITATIONS

We only collect the personal information necessary to fulfill the purposes identified to you prior to or at the time of collection, or any other reasonable and legitimate purposes or as required by law.

We do not use or disclose your personal information, except for the purposes for which it was collected, or new purposes to which you have consented, or as required or otherwise permitted by applicable law.

We do not, as a condition of supplying goods or services to you or on your behalf, or as an administrative or management requirement, require consent to the collection, use or disclosure of personal information beyond that reasonably required for such purposes, or to comply with its obligations under applicable law.

RETENTION OF PERSONAL INFORMATION

We may keep a record of your personal information, including correspondence or comments, in the applicable file specific to you. We will utilize, disclose, or retain your personal information for as long as necessary to fulfill the purposes for which it was collected and for legal or business requirements. We will establish minimum and maximum retention periods and procedures for maintaining and destroying your personal information.  When personal information is retained to make a decision about you, we will retain such information for one year.

ACCESS TO YOUR PERSONAL INFORMATION

Subject to the exceptions provided by the applicable law, we will make available to you any specific personal information about you that we have collected, utilized or disclosed, upon your written request. We will make such information available to you in a form that is generally understandable, including explaining any abbreviations or codes and using an alternative format, if required. Simply send your request for access to the Privacy Officer listed below.  Please be as specific as possible in your request so that we can meet the applicable time lines.

ACCURACY

We will use reasonable efforts to ensure that your personal information is kept as accurate, complete, and up-to-date as possible. We will not routinely update your personal information, unless such a process is necessary. In order to help us maintain and ensure that your personal information is accurate and up to date, you must inform us, without delay, of any change in the information you provided to us.

You can at any time, challenge the accuracy or completeness of the personal information we have about you, subject to the exceptions provided by applicable law. If you successfully demonstrate that the personal information we have on you is inaccurate or incomplete, we will amend the personal information as required. Where appropriate, we will transmit the amended information to third parties to whom we have communicated your personal information.

RESPONSE TIMES

We will make every reasonable effort to respond to each of your written requests not later than 30 days after receipt of such requests. When applicable, we will advise you in writing if we cannot meet your requests within this time limit. When applicable, you have the right to make a complaint to the appropriate privacy commission with respect to this time limit.

COSTS

We expect to provide access without charge as a general matter.  However, we reserve the right to collect a reasonable charge when you request the transcription, reproduction, or transmission of such information. We will notify you, following your request for transcription, reproduction, or transmission, of the appropriate amount that will be charged. You will then have the opportunity to withdraw your request.

IDENTIFICATION IN CONNECTION WITH REQUESTS

We may require that you provide us with sufficient identification of your identify before we provide information about the existence, use, or disclosure of your personal information in our possession. Any such information shall be used only for this purpose.

SAFEGUARDS

We use security safeguards appropriate to the sensitivity of personal information to protect it from loss or theft, as well as unauthorized access, disclosure, copying, use or modification. These safeguards include physical measures, such as restricted access to offices and equipment, organizational measures, such as security clearances, and publishing this policy to appropriate personnel with instructions to act in accordance with its principles (for example, limiting access on a “need to know” basis), and technological measures, such as the use of passwords and/or encryption.

CONTACT

Personal information is generally accessible at our corporate or divisional offices or at our advertising agencies.  Please direct any inquiries or requests regarding your personal information to:

Lund Boat Company (Attn: Legal/Privacy)
318 West Gilman Street
New York Mills, MN 56567
Phone (218) 385-2235
Fax: (218)385-7263
Email:

Info@Lundboats.com

This e-mail address is being protected from spambots. You need JavaScript enabled to view it

For More Information on Lund’ Privacy Policies Contact:
Brunswick Chief Privacy Officer
Brunswick Corporation, 1 North Field Court, Lake Forest, IL 60045, USA
Telephone:  (847) 735-4430; Fax:  (847) 735-4330

EUROPEAN UNION PRIVACY POLICY

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The information sharing practices described in this privacy policy apply to our current and potential customers, users of our internet sites, recipients of surveys or marketing information, and boating enthusiasts.

Thank you for purchasing a boat or requesting information from Lund! We are required by EU Directives and laws and US laws to collect your personal information to be able to provide you with information for product safety purposes, and to fulfill our warranty obligations to you. The European Data Protection Directive requires notification to you of the collection, use, safeguarding, and transfer to our company in the United States and Canada of your personal information.

POLICY JURISDICTION

Both the General Privacy Policy and this European Union Privacy Policy (the “EU Policy”) apply to citizens of European Union Member States except that, for such persons (and only for such persons), where the provisions of the General Privacy Policy and the EU Policy cannot be construed consistently, the provisions of the EU Policy will govern.

HOW WE COLLECT PERSONAL INFORMATION

“Personal data” and “personal information” and “your information” means data about you that identifies or can identify you.  Upon receipt of this form executed by you, your dealer will provide us with personal information collected at the time of your boat order/purchase with other product registration data.  Lund does not collect sensitive personal data pertaining to racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, health or sexual life, or financial account numbers or credit card information used to purchase your boat. Your dealer will continue to provide us with information on your boat relating to our express limited warranty.  We will send you customer satisfaction surveys which you may elect to return to provide us with information on your boat purchase and your servicing needs.  Your personal information may be gathered by or shared with Lund’ marketing providers and affiliated companies, who have comparable levels of privacy protection, for the purposes described in this statement.  Lund, your dealer, and our marketing providers collect personal information when you request information about our companies and from surveys, promotions, contests, correspondence, your e-mails, telephone inquiries, web forms, and other communications.

HOW WE USE & DISCLOSE PERSONAL INFORMATION

Unless you advise us otherwise, Lund, our authorized dealers, affiliated companies, and our marketing providers, may generally collect, use, disclose, transfer, hold, and file your personal information for the following purposes: (1) Providing you with information for product safety purposes; (2) Fulfilling the terms of our limited warranty or other service obligations; (3) Ensuring your satisfaction through surveys or other contacts; (4) Providing goods, brochures, information, incentives, and/or services to you or on your behalf; (5) Reviewing goods and/or services provided to you in product, services, and market analyses; (6) Providing billing, accounting, collections, and protecting against fraud and error; and (7) Investigating a breach or a contravention of a law, complying with a subpoena, warrant, court order, or as required or permitted by law.  LUND WILL NOT SELL YOUR PERSONAL INFORMATION OR SUBJECT YOU TO TELE-MARKETING OR UNSOLICITED E-MAIL.

SAFEGUARDS

We use security safeguards appropriate to the sensitivity of personal information to protect it from loss or theft, as well as prohibiting unauthorized access, disclosure, copying, use or modification of your personal information. These safeguards include restricted access to offices and equipment, security clearances, the use of passwords and/or encryption, publishing our privacy policy to appropriate personnel with instructions to act in accordance with its principles and contractual provisions with our marketing agents and authorized dealers to follow the principles of our privacy policy.

TRANSFER OF PERSONAL INFORMATION OUTSIDE THE EUROPEAN ECONOMIC AREA (“EEA”)

Although the United States and Canada may not have data privacy laws which afford the same level of protection for your personal information as laws within the EEA, please be assured that Lund and the recipients described above will continue to abide by the principles set out in this privacy statement, in our full privacy policy, and in applicable laws, for all transferred personal information. Lund will preserve the security and confidentiality of personal information and afford such personal information an adequate level of protection.

ACCESS AND CORRECTION TO YOUR PERSONAL INFORMATION

Subject to the exceptions provided by applicable law, we will provide upon written request your specific personal information collected in a form which is generally understandable.  You can withdraw consent for us to use your personal information and/or send you marketing materials at any time upon providing us with 30-day notice. Your Personal Information is held by Lund, and is located at Lund at the following address. Please direct corrections, withdrawals of consent, complaints or other inquiries regarding personal information to:

Lund Boat Company (Attn: Legal/Privacy)
318 West Gilman Street
New York Mills, MN 56567
Phone (218) 385-2235
Fax: (218)385-7263
Email:
Info@Lundboats.comThis e-mail address is being protected from spambots. You need JavaScript enabled to view it

For More Information on Lund’ Privacy Policies Contact:
Brunswick Chief Privacy Officer
Brunswick Corporation, 1 North Field Court, Lake Forest, IL 60045, USA
Telephone:  (847) 735-4430; Fax:  (847) 735-4330

PRODUCT REGISTRATION PRIVACY STATEMENT

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Product Registration Information Use.  By purchasing a product, submitting a product registration card or permitting it to be submitted, you agree to the following provisions:  Lund may collect, maintain, and disclose your name, address, phone number and any other contact information about you required on the product registration card to our employees, affiliates, dealers, and marketing agencies. This information will be shared with third-party advertising agencies in order to maintain our companies’ databases and business processes (provided that such third parties are similarly restricted in their use of the information).  This information is collected for the following reasons:

* to provide product notifications from Lund or as required by the Federal Boat Safety Act or other applicable laws;
* to provide exclusive owner benefits;
* to conduct product surveys to determine any current need with your purchase and future preferences;
* to offer products & services, and marketing solicitations, including contests, promotions, or discounts;
* to comply with any requirement of law or request of a governmental authority

Owner Surveys & Exclusive Owner Benefits.  Owner-satisfaction surveys which are forwarded to new boat owners from information provided through product registration are important to determine your requirements for any assistance with our products and to be able to determine your present and future needs. Any information provided through the survey is completely voluntary.  Accordingly, if you request that your contact information provided to Lund companies be removed from marketing solicitations, you must specify that this includes surveys and/or other exclusive owner benefit packages.  Otherwise, new boat owners will continue receive any applicable exclusive owner benefit packages and product survey(s), which may provide extended warranty benefits upon completion.

Marketing Surveys, Solicitations, Or Contests.  From time to time, we may use personal information provided through product registration to request marketing information from you using surveys, solicitations, or contests. Additional information requested may include contact information (such as e-mail address) and demographic information (such as number of family members and income ranges). Participation in surveys, solicitations, or contests is completely voluntary and you therefore have a choice as to whether to disclose any information.  We will use such contact information to notify winners and award prizes, to monitor or improve the use of one or more sites or advertising, and to provide aggregated information for marketing analyses.  We use this information to analyze your present and future needs related to our products and to send you further notices, promotions, solicitations, or brochures and other marketing materials regarding the Site and the products and services of our businesses and those of our affiliates and business partners or authorized dealers. Solicitations may take the form of mailings via U.S. mail or other couriers, or e-mail (if provided).  If you do not want to receive these solicitations from us using the personal information provided by you through product registration cards or other sources, you may specify this during registration where and if indicated, you may unsubscribe to e-mail, or you may notify the individuals who handle database information as follows:

Access, Correct, Or Remove Personal Information. If you want to access, correct, or remove your personal information from our marketing distribution databases, contact:

Lund Boat Company (Attn: Legal/Privacy)
318 West Gilman Street
New York Mills, MN 56567
Phone (218) 385-2235
Fax: (218)385-7263
Email:
Info@Lundboats.comThis e-mail address is being protected from spambots. You need JavaScript enabled to view it

For More Information on Lund’ Privacy Policies Contact:

Brunswick Chief Privacy Officer
Brunswick Corporation, 1 North Field Court, Lake Forest, IL 60045, USA
Telephone:  (847) 735-4430; Fax:  (847) 735-4330

CALL CENTER PRIVACY STATEMENT

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Use of Personal Information. Personal information, including names, addresses, and personal opinions, may be retained by Marketing Call Centers, or Customer Service and Warranty Call Centers for any of the following purposes:

* to assist callers with obtaining marketing information;
* to assist callers with customer or product issues;
* to evaluate callers’ experiences with marketing programs, products, service, and sales;
* to comply with any requirement of law or request of a governmental authority;
* to return calls or follow-up with third parties to provide the caller with assistance;
* to keep an accurate record of calls;
* to train employees and improve service; and
* any other specific purpose explained to the caller.

The caller’ personal information will only be used by the Call Center for these specified purposes and will not be sold to any third party. Depending on your request to the Call Center, Callers’ personal information may be forwarded to third party suppliers with which we have contracted to provide you with certain products or services and which have comparable levels of privacy protection.   The Call Center will provide a caller with a copy of any retained documented personal information upon written request within a reasonable amount of time.  Personal information will be subject to the safeguards, access, retention and disposal policies as set out in the Lund’ Privacy Policies and Practices under Call Centers and Brunswick’ Document Retention policies.

TAPED CALLS

1. Calls should only be taped for specified purposes, which a reasonable person would consider appropriate under the circumstances.
2. The taped information will only be used by the Call Center for the specified purposes described to the caller.
3. Call Centers will obtain the consent of the caller prior to taping the call by informing the caller that the conversation is being taped and the purpose for the taping at the beginning of the call by either an automatic recording or a Call Center representative. Callers who continue to place the call have provided implied consent.
4. The Call Center will comply with applicable law regarding the deletion of any tapes pertaining to a caller’s personal information upon written request within a reasonable time, provided that such records are not required for legal or business reasons relating to the services being provided to the caller.  The written request shall specify the name of the caller and date of the call for retrieval purposes.  A summary of the call will still be recorded as set out above.
5. The Call Center’s recorded calls will be stored and catalogued in such a way that they may be easily and individually retrievable and, where circumstances warrant, erasable.
6. The taped call will be subject to the safeguards, access, retention and disposal policies as set out in the Company’ Privacy Policies and Practices, under Call Centers.

MAGAZINE/NEWSLETTERS

If you wish to subscribe to a magazine or newsletter that we offer or to a mailing list that we maintain, we will collect from you contact information necessary to send the information to you. This is usually limited to your postal address, and e-mail address, but may include other information.

EMAIL INFORMATION

If you choose to correspond with us through email, we may retain the content of your email messages together with your email address and our responses.  If you give us your e-mail address, we may send you a welcoming e-mail that may verify password and user name information. If you wish to unsubscribe from e-mail contact, follow the directions in the e-mail or use the contact information at the end of this policy to remove your name from the database.

TELL-A-FRIEND

We may offer a referral service that allows you to inform your friends and other acquaintances about content on the site or to forward information to them.  If you elect to use such a referral service, the following provisions will apply:

* We will collect the friend’ e-mail address and use it to send a one-time e-mail inviting the friend to visit internet sites or providing the information you requested.
* We will store this contact information for the sole purpose of sending the one-time e-mail.
* When you use this service, you represent and warrant to us that you have an existing business or personal relationship with the friend or acquaintance sufficient to avoid liability under any law that applies to unsolicited e-mail.
* You will be the sender of any such e-mail and we will merely be a service provider facilitating your sending of the e-mail.

SITE SALES, ORDERING, EVENT REGISTRATION, AND RELATED PROCESSES: This section is meant as a general description of our practices.  It does not impose any duty upon us and it does not constitute a representation or warranty by us upon which you may rely.

Lund Branded Merchandise Sites. In some instances, we will make available through the Site, an indivisible linked site of a third party vendor to sell certain products and services, including the Lund-branded merchandise sold by a third party vendor.  Although it may appear that you are on our Site when you request such products and services, your information goes directly to the third party vendor for the purpose of fulfilling your order or request and is not received by Lund.

Credit Card Information for Lund Merchandise.  If you send confidential personal credit card information as part of your ordering process to our vendor’ site, it is encrypted and securely relayed to a third party credit card processor, who subsequently sends an authorization code back to the Site.  Your confidential personal credit card information is not received, stored or otherwise retained by Lund in any way.

Lund Merchandise Licensee. The Lund branded merchandise sold on this Site is sold by Lund’ licensee, Kudzu.  Please contact Raven Rogers, Kudzu, 16 Downing Drive, Phenix City, AL 36868 (phone), Mailing address: PO Box 2516, Phenix City, AL 36868-2516, 1-800-723-5656, or by e-mail at
ravenrogers@kudzullc.comThis e-mail address is being protected from spambots. You need JavaScript enabled to view it
for information regarding products, delivery, and returns.

Order Forms. When and if you order brochures or services using a site or register for an event, Lund or a third party vendor selling Lund branded merchandise will request information from you using an order form. When we already have information about you (such as through a previous order, survey, or registration, whether received through a site or otherwise), we may use such information to facilitate the order or registration process. When using an order form, you must provide contact information (such as name and shipping address) and financial information (such as credit card number and expiration date). This information is used for billing purposes and to fill your order. If Lund or its third party vendor selling Lund branded merchandise have trouble processing an order, this contact information could be used to contact you.

Shipping of Merchandise. Lund, or its third party vendors selling Lund-branded merchandise on linked sites to the Lund site, may use outside shipping or other outsourcing providers to process and ship orders or perform other functions.  We use commercially reasonable diligence to restrict the purposes for which these outsourcing providers may use your personal information.  The requirements or requests that we impose on such outsourcing providers vary with the sensitivity of the information and can, but do not necessarily, include requirements that these outsourcing providers not retain, share, store, or use personal information for any secondary purposes, except for backup and recovery operations. Although we use good faith efforts to impose, and/or ensure compliance by our outsourcing providers, we cannot, and will not, be responsible to users for misuse of personal information by such outsourcing providers.  

USERS UNDER AGE 13

It is our policy that visitors to our Site who are under the age of 13 should not post or provide information on our Site without the consent of their parents.   The Child Online Privacy and Protection Act (COPPA) regulates online collection of information from persons under the age of 13.  It is our policy to refrain from knowingly collecting or maintaining personal information relating to any person under the age of 18. If you are under the age of 18, please do not supply any personal information through the site. If you are under the age of 18 and have already provided personal information through the site, please have your parent or guardian contact us immediately, so that we can remove such information from our files. You may contact:

Lund Boat Company (Attn: Legal/Privacy)
318 West Gilman Street
New York Mills, MN 56567
Phone (218) 385-2235
Fax: (218)385-7263
Email:
Info@Lundboats.comThis e-mail address is being protected from spambots. You need JavaScript enabled to view it

COOKIES

Definition of Cookies.  Similar to other commercial Web sites, a technology called “cookies” may be used to provide you with tailored information.  A cookie is a small piece of data that a Web site can send to your browser, which may then be stored on your hard drive so we can recognize you when you return.  A cookie can contain information about you, your computer, your browser, your session, the websites you visit, and other information about you or others who use, or have used, the computer or browser you use to access the Internet. The goal is to save you time and provide a more meaningful visit.

Link with Personal Information.  The cookies we use, if any, are not linked to any personal information while using a site unless you have given us permission to link personal information to one or more cookies. You give us that permission any time you register on a site, place an order through a site, or identify yourself or the computer you are using through a site.  When this permission is given, the cookies we use may link your personally identifiable information with the pages on our sites that you visit.

Notification & Rejection of Cookies.  You may be able to set your browser to notify you when you receive a cookie.  Most or all browsers permit you to disable or reject cookies.  You can do this by setting the preferences in the browser. If you set the browser to reject cookies, you can use the sites, but you may not be able to use the full functionality of one or more of the sites or it may take additional time to utilize such functionality.  Use the “help” feature of your browser to obtain more information about refusing cookies. As of the time we wrote this privacy policy, there was information about how to disable cookies at the following websites.  We do not operate either of these websites and we make no representation or warranty about the information contained in the websites to which these links will take you.

http:/support.microsoft.com/default.aspx?scid=kb%3ben-us%3b283185
http:/wp.netscape.com/legal_notices/cookies.html

Third-Party Use of Cookies.  One or more of the organizations with which we do business, or to which we provide links from a site, may also use cookies. We have no control over such organizations’ uses of cookies and users should review the privacy policies of such organizations to determine the uses such organizations make of cookies.

LOG FILES

We or our hosting provider may collect traffic information from visitors for statistical analysis and site improvement. When you access a site, we or our hosting provider may collect information about your visit in a log file on a server. Log file information may include, but is not limited to, internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks.  We or our hosting provider use this information to analyze trends, administer sites, track users’ movements in the aggregate, and gather demographic information for aggregate use. IP addresses and other log file information are not linked to personal information. We do not try to track users or to identify users individually except as otherwise stated in this policy, but we or our hosting provider do review this information to understand overall trends and to determine what kinds of content are popular and useful to users.

LINKS TO OTHER WEB SITES

When you use a link to go from our Site to another Web site, our Privacy Policy is no longer in effect.  We do not operate those websites and we cannot control the information that the operators of such websites gather or what the operators of such websites do with the information.  We are not responsible for the privacy practices employed by Web sites linked to or from our Site nor for the information or content contained therein.

SECURITY

Where we collect nonpublic personal information from you, we or one or more of our service providers use industry-standard encryption and security standards to protect such information.  You can tell whether encryption is being used by noting the “locked” or other status indicator on the browser you are using.  If the browser you are using does not indicate that the session is secure (e.g. by displaying a lock, a key or another icon), you should assume that the connection is not secure and that third parties could intercept the information shared by you and us during that part of the session.

We also use commercially reasonable efforts to protect user information offline. All sensitive user information is maintained in our offices or at the facilities of our information technology provider(s). We cause access to servers and connections to be limited by key or other access.  Only employees or agents who need the information to perform specific functions are granted access to personal information. We use reasonable efforts to assure that our employees and agents are informed of our security and privacy practices.

SITE AND SERVICE UPDATES

We may also send to you updates and service announcements about one or more of the sites. You may not un-subscribe or opt not to receive such announcements because such announcements contain important information about the services offered through the relevant site(s).

ACCESS YOUR INFORMATION AND ASK QUESTIONS

Users who no longer wish to receive newsletters or promotional materials or have their information provided to authorized dealers, affiliates, or business partners may opt to not receive such communications or have information shared by contacting us using the information below.  It may be impractical for us in some circumstances to prevent an authorized dealer, affiliate, or business partner to whom we have supplied your information from continuing to use the information and opting out may not stop them from contacting you.  You will need to contact them directly to opt out of any further use of your information.

We will use commercially reasonable efforts to timely make any changes you request.  Such compliance may involve batch processing and other processes that take 30 days or longer.  If you require an immediate change to your personal information and are unable to make such a change using the available site resources, please contact us.  If you opt not to receive such communications or allow us to share your information and then give your personal information to us again using a site or under other circumstances that permit us to use your information, we will regard your opt-out as rescinded.

You can reach us with any inquiries or complaints or choose to access, revise or withdraw your consent at any time by contacting:

Lund Boat Company (Attn: Legal/Privacy)
318 West Gilman Street
New York Mills, MN 56567
Phone (218) 385-2235
Fax: (218)385-7263
Email:
Info@Lundboats.comThis e-mail address is being protected from spambots. You need JavaScript enabled to view it

For more information on Lund’s Privacy Policies please contact:

Brunswick Chief Privacy Officer
Brunswick Corporation, 1 North Field Court, Lake Forest, IL 60045, USA
Telephone: (847) 735-4430; Fax: (847) 735-4330

CHANGES TO THIS PRIVACY POLICY

If we decide to change this privacy policy, we will post the revised policy on this site.  Except as stated below, we will use information in accordance with the privacy policy under which the information was collected.

BY USING A SITE, YOU AGREE TO THIS CHANGE PROCEDURE.

EXCEPTIONS

Notwithstanding anything else in this privacy policy to the contrary, we may collect personal information and use such information in ways other than those described above if we are required to do so by law or if we deem it advisable in the course of assisting law enforcement activities or protecting our site(s) or other property.

TERMS OF USE

Effective Date: April 06, 2017

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INTRODUCTION

Welcome to this site, app, or other online service operated by Brunswick Corporation. These Terms of Use (the “Terms”) apply to any web site, app, or other online service that posts a link to these Terms (collectively the “Site”). Throughout the Site, the terms “Brunswick,” “we,” “us” and “our” refer to Brunswick Corporation and any affiliated or subsidiary companies along with their directors, officers, employees, agents, independent contractors and representatives. Brunswick offers the Site, including all information, tools and services available from the Site, to individuals on the condition that all of these Terms of Use are accepted (individually, “you,” “your,” or “User” and, collectively, “you” or “Users”).

These Terms are binding, and you agree that you will comply with these Terms. These Terms are effective as of the Effective Date identified above. The act of accessing or using the Site signifies your consent to these Terms without limitation or qualification. If you do not agree to these Terms, you should not use the Site. Brunswick reserves the right to modify these Terms, and the contents of the Site, including the features, availability, or operation of the Site, at any time in our sole discretion. We encourage you to periodically review the Terms posted on the Site. You agree to monitor the Site for any changes made thereon and that your continued use of the Site following the posting of any changes indicates your understanding of and agreement to such changes.

Additional or different terms may apply to some products, services, or portions of the Site. Those terms will be posted on the Site in connection with the relevant offering. If the other terms are inconsistent with these Terms, the other terms will govern for the relevant offering.

The Site may contain links to goods, services, or content that are not under our control, including third-party websites or apps where products may be available for purchase. These links are provided only as a convenience and as an additional avenue of access to the subject matter available at the linked location. Brunswick has not necessarily reviewed all of the subject matter available at the linked location and is not responsible for it, or for any goods, services, content, or products that may be offered. Inclusion of links to other websites or apps should not be viewed as an endorsement of the content of linked websites or apps, and different terms and conditions may apply to the use of any linked websites, apps, or purchases made at those locations. Brunswick is not responsible for the content of those websites, apps, or services or any losses, damages, or other liabilities incurred as the result of the use of any of the websites, apps, goods, services, content or products referenced on the Site. Some Brunswick products are offered for sale by independent dealers or third-party retailers, and the purchase of any such product is subject to the terms and conditions of the applicable sale, lease, or retail installment contract or other form of agreement.

PRIVACY POLICY

We have a Privacy Policy that applies to the Site. It contains important information about the ways that we collect, use, and share information about you. We encourage you to read it so that you will understand your choices concerning protection of your personal information. Our Privacy Policy is considered a part of these Terms.

ABILITY TO ACCEPT TERMS OF USE


You affirm that you are over the age of legal majority, can form legally binding agreements under applicable law, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to qualify under, abide by, and comply with these Terms.

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION


Information presented on the Site is for informational purposes only. Although Brunswick makes reasonable efforts to ensure that all information included on the Site is correct, accuracy, completeness, and timeliness cannot be assured. Brunswick does not assume any responsibility or obligation for the accuracy, completeness or timeliness of information included on the Site. The Site should not be relied upon or used as the sole basis for making significant decisions without consulting primary or more accurate, complete or timely sources of information.

Brunswick neither represents nor warrants that any product or service depicted or mentioned on the Site is currently available for sale or in production, or has been tested for commercial use. Regardless of any information presented on the Site, Brunswick reserves the right, without prior notice, to discontinue products and services, including models, parts, accessories, and other items, or to change specifications at any time without incurring any obligations. Information on the Site does not constitute a binding offer to buy or sell any products or services or to make any products or services available in your area. Brunswick also does not represent or warrant that job opportunities depicted or mentioned on the Site are currently available. Information on the Site regarding job openings does not constitute a binding offer of employment.

USE OF THE SITE AND STANDARDS OF CONDUCT


To maintain the integrity of the Site and the experience of Users, you agree not to misuse the Site or its content. For example, you must not do (or try to do) any of the following, or encourage or assist others to do any of the following:

• Disrupt or interfere with the normal operation and navigation of the Site or the availability of the Site to other Users.
• Circumvent any measures we use to limit access to the Site or particular content available on the Site.
• Access the Site using any unauthorized “robot,” “spider,” “scraper” or other automated means.
• Provide or use a false name, email address or other contact information, impersonate any person or entity, or otherwise misrepresent your identity, affiliation or the origin of materials you transmit.
• Display the Site, or any of its content, in a “frame” or otherwise in connection with any other content or trademark, or in any other way that could potentially deprive Brunswick of revenue or falsely suggest a relationship between us and any third party.
• Make any commercial use of the Site or its content, including collection or use of information concerning our product offerings, descriptions, images, prices and sales volumes, except as we specifically authorize.
• Maintain any link to the Site from any commercial website other than the authorized website of a distributor of Brunswick products, or maintain any link to the Site that we ask you to remove.
• Transmit to or through the Site any viruses, spyware, adware or other harmful code, political campaign communications, chain letters, mass mailings, or any form of “spam.”
• Disassemble, decompile or otherwise reverse engineer any software or other technology used in or available through the Site.
• Use the Site to advertise or promote any goods or services other than Brunswick’s.
• Use the Site to transmit or collect personal information about other users.
• Use the Site, or any content from the Site, to advertise or solicit for any other person, entity or cause, or otherwise to compete with us or act illegally or maliciously against our business interests or reputation.

If you violate this Section, we may terminate your access to the Site, take other remedial actions, and seek any remedies permitted by law. Termination of access or use of the Site will not waive or affect any right or relief to which Brunswick may be entitled at law or in equity.

ACCOUNTS

The Site may provide the opportunity for you to create a user account to access certain functionality provided through the Site (a “User Account”). This Section, “Accounts,” establishes additional terms that apply to User Accounts.

You may only create and hold one User Account for each Site, and you may not use anyone else’s User Account. Certain information is required by Brunswick for you to establish a User Account. We may invite you to provide other information that is optional. When we request information from you to create a User Account, you must provide Brunswick with accurate and complete information. You also must update your account when information you have provided to us changes. You may do so either through the account section on the relevant Site or by contacting us at privacy@brunswick.com. Brunswick may use the information you provide in creating a User Account as set forth in its Privacy Policy and other provisions of these Terms.

You are responsible for maintaining the confidentiality of your User Account authentication credentials such as your account login names and passwords, and you must not permit use of your User Account by anyone else. You accept responsibility for all activities that occur under your User Account. If you have reason to believe that an unauthorized person is using or has accessed your User Account, please contact us immediately at privacy@brunswick.com. We are not responsible for any loss or damage resulting from unauthorized use of your User Account.

You authorize us to use the contact information you provide us to communicate with you about our Site and products. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically, including through posting or email, satisfy any legal requirement that such communications be in writing. You may opt out of receiving marketing e-mails from us by following the opt-out instructions provided to you in those e-mails.
We reserve the right to terminate access to your User Account at any time, without notice, in our sole discretion for any or no reason, including but not limited to inactivity or misuse. If access to your User Account is terminated, you may lose access to any information stored in connection with your User Account, and any promotional account credits and any other forms of value that may be associated with your User Account. Upon termination, these Terms shall continue to apply to any other use of the Site that you are permitted to make.

The Site provides various mechanisms to disable or delete your User Account. For many of our sites you can log in to your User Account and disable or delete your account through the account settings. In some instances, Brunswick may retain some of the associated account information for reporting or regulatory purposes after a User Account has been disabled or deleted.

Please note that if you have created a User Account with us, and that same User Account can be accessed either through a website or through a mobile app (e.g., VesselView), deleting the mobile app will not delete your User Account. You must visit the website to delete your User Account or contact us at privacy@brunswick.com.

For Owners’ Club User Accounts, to terminate a User Account you must visit the website of the Owner’s Club and change your settings or send an email to privacy@brunswick.com notifying us that you wish to deactivate your account and/or no longer own the boat associated with your User Account.

COMMUNITY FORUMS AND USER CONTENT

The Site may provide the opportunity for you to submit comments or otherwise transmit or publish material through the Site including, but not limited to, product reviews, blogs, “My Community” sections, owners’ clubs, and official Brunswick social media accounts on Facebook or Twitter (collectively, “Community Forums”). Information you provide to us, other than product orders and personal information, is referred to in these Terms as “User Content.” This Section 7, “Community Forums and User Content,” states additional terms that apply to User Content.

You are responsible for any User Content submitted via the Site, including the legality, reliability, appropriateness, originality and copyright of any such User Content. You are prohibited from submitting any User Content that: (i) is false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable, (ii) constitutes or encourages a criminal offense, violates the rights of any party or otherwise gives rise to liability or violates any law, or (iii) violates the provisions of Section 5, “Use of the Site and Standards of Conduct.” When you submit User Content, you represent and warrant that you have the right to provide it to us, that it does not violate the prohibitions above, and that it is not inaccurate, false or misleading.

When you submit User Content, the profile information you provided in connection with your User Account (e.g., your user name) may be displayed with the User Content. You grant us a nonexclusive, worldwide, royalty-free, perpetual, irrevocable, fully transferable and sublicenseable license to use, reproduce, create derivative works of, distribute, perform, display and in any other way exploit User Content by any means now known or developed in the future, and for any purpose, including for developing, manufacturing, and marketing products and in advertising. You agree that (1) User Content is not being provided to us in confidence; (2) there is no confidential or fiduciary relationship between you and us; and (3) you have no expectation that we will review, acknowledge or compensate you for your User Content.
To avoid the possibility of misunderstandings, our policy is not to accept creative ideas, product designs, proposals, business plans or similar materials provided as User Content. Please do not provide us such materials. If you nonetheless do so, the immediately preceding paragraph will apply.

We may refuse or remove User Content without notice to you. We may monitor User Content, but are not required to do so. You agree that we will not be liable for any loss or damage resulting from your User Content or similar submissions made by other users.

PURCHASES & FINANCING INFORMATION

The Site may offer you the opportunity to order products. In some situations, the Site may transfer you to a third party who sells products or processes payments on our behalf. This Section 8, “Purchases,” states additional terms that apply to such orders.

Financing Information. The Site may provide opportunities for you enter personal information and obtain additional details on financing options for some of our products. Financing information is provided by third parties and is subject to those third parties’ policies and terms.

Product Availability and Pricing. Not all products are available in all models and colors. When you order a product, the price will be made clear during the order process. All prices are in U.S. Dollars. You agree to pay the price that is stated in your order, as well as any applicable taxes and shipping expenses, where applicable. While we try to provide accurate pricing information on the Site, a price stated on a Site occasionally may be in error. If we discover such an error, we will attempt to notify you using the contact information provided in connection with your order, and we will give you the choice to cancel your order or pay the correct price.

Product Descriptions. We try to be accurate when we describe and depict products on the Site. However, we cannot guarantee that images we provide will be displayed properly on your device, or that our product descriptions and images will always be complete, reliable, current and error-free. If you purchase a product from the Site that you believe is not as described or depicted, you may return it to the extent provided in the applicable return policy.
Taxes. Purchases through the Site may be subject to taxes in certain states. Tax rates are different from state to state. You are responsible for paying all such taxes.

Discounts and Promotions. The specific terms of any discounts or other promotions are stated at the time they are offered. Promotions cannot be combined unless we specifically state otherwise. Eligibility for any promotions is determined at the time of your order.

Ordering. When you click the “Place Order” button on the Site, you make an offer to buy the relevant products. While we may confirm receipt and processing of orders by email, such confirmation does not constitute our acceptance of your order. We cannot guarantee that all items displayed on your order confirmation will be in stock at the time your order is shipped. We reserve the right to reject or cancel any order, in whole or in part, at any time prior to shipping. If we do, we will attempt to notify you using the contact information provided in connection with your order. You agree not to try to exceed stated quantity limits (except where specifically noted), violate the terms of any specific offer or promotion, or place orders through the Site if we have notified you that you are prohibited from placing orders through the Site.

Payment. We accept only the payment methods indicated on the Site. When you provide payment information, you represent that the information is accurate and that you are authorized to use the payment method provided. If your payment method has expired or is otherwise invalid when we try to charge it, you remain responsible for payment, and for all costs we incur in collecting any unpaid amounts, including, but not limited to, attorney and collections fees.

Shipping to our Retail Customers. Shipping options and applicable charges will be stated during the order process. The U.S. Postal Service delivers to P.O. boxes, but this method may delay your order. Please note that Next Business Day and 2nd Business Day shipping options are not available for delivery to P.O. boxes. We will send you emails with updates on your order’s status as they become available. Additional charges may apply for shipments to Alaska and Hawaii.
Shipping to addresses outside the U.S. is available on a limited basis and may be subject to additional terms, fees, and restrictions. Such information will be provided during the checkout process. If you have any questions or require additional information about shipping to addresses outside the U.S. please contact us using the information in the “How to Contact Us” section, below.

Stated shipping times and delivery estimates are only estimates and are not binding. If a product becomes unavailable between ordering and processing, we will cancel your order and attempt to notify you using the contact information provided in connection with your order. Legal title to products, and the risk of loss or damage to the products, is transferred to you when products are provided to the carrier. You will be responsible for filing any claims with the carrier for damaged and/or lost shipments.

Returns. Return policies are posted on the relevant Site. We reserve the right to refuse to issue a refund or credit, and the right to recover the cost of return delivery from you, if any product you return (1) is not eligible for return, in accordance with the relevant return policy or the terms of any specific offer or promotion, or (2) is found to have suffered damage after delivery to you, including as a result of having been misused by you. We take legal title to returned products only after they arrive and are processed at our designated returns location.

Return terms and policies may vary. Please check the return policy of the Site where you are making a purchase for additional details. Where the Return terms and policies are different for a particular Site from what is stated above in these Terms, those specific Return terms and policies will control.

CONTESTS AND SWEEPSTAKES

Brunswick may offer sweepstakes or contests, which may be hosted by or offered in conjunction with third parties. Additional or different terms may apply to such contests or sweepstakes. The relevant terms will be posted where information is collected to enter into the contest or sweepstakes. If the other terms are inconsistent with these Terms, the other terms will govern for that contest or sweepstakes.

INTELLECTUAL PROPERTY

All content included on the Site, including text, designs, graphics, trademarks, service marks, logos, icons, images, audio clips, downloads, interfaces, and software, any intellectual property held by Brunswick, and the selection and arrangement of any of these, are the exclusive property of Brunswick, its content providers, and applicable trademark owners, and is protected by copyright, trademark, and other applicable laws. The copying, downloading and/or printing of content included on the Site is for your personal and noncommercial use only and is conditioned on your not modifying or deleting any copyright, trademark or other proprietary notice that appears on the content. Any other use of content contained on or obtained from the Site, including, but not limited to, the modification, distribution, transmission, performance, broadcast, publication, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any content obtained from the Site is expressly prohibited. Brunswick, its content providers, and applicable trademark owners retain full and complete title to the content provided on the Site, including all associated intellectual property rights. Nothing on the Site shall be construed as granting by implication, estoppel, or otherwise, any license or right to use any content, including any trademark, logo, or service mark displayed on the Site, without the owner’s prior written permission, except as otherwise described herein. Brunswick reserves all rights not expressly granted in and to the Site and its content.

We may make Intellectual Property available through the Site to dealers and other third parties with whom we have additional agreements in place. In some cases, those materials are subject to separate agreements or terms, which may be posted on the relevant Site, or require separate authentication credentials.

DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE


Brunswick respects the intellectual property rights of others and requests that you do the same. If you believe that any content appearing on the Site has been copied in a way that constitutes copyright infringement under the laws of the United States, please forward the following information to the Digital Millennium Copyright Act Agent named below:

Brunswick Corporation
Brunswick Privacy Office
Attn: Law Department/Copyright Agent

1 North Field Court

Lake Forest, IL 60045
847-735-4002
privacy@brunswick.com

To be effective, the notification must include ALL of the following:

• a physical or electronic signature of the copyright owner or a person authorized to act on the owner’s behalf;
• identification of the copyrighted work claimed to have been infringed;
• information sufficient to locate the allegedly infringing material on the Site;
• name, address, telephone number, e-mail address and other information necessary to permit Brunswick to contact the person submitting the notification;
• a statement that the person submitting the notification has a good faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent or the law; and
• a statement that the information in the notification is accurate and, under penalty of perjury, that the person submitting the notification is the copyright owner or is otherwise authorized to act on behalf of the copyright owner.

Brunswick is under no obligation take any action based on a notification of claimed infringement, and the absolute right and discretion to remove any information and/or material from the Site remains with Brunswick.

DISPUTE RESOLUTION

If you have any dispute with or claim against Brunswick (a “Claim”) arising out of or relating to the Site, these Terms, any product acquired through the Site, or any communications between you and us relating to the Site, and the claim is not resolved by contacting us at the contact information provided in the “How to Contact Us” section of these Terms, you and we each agree to resolve such disputes through an individual binding arbitration or an individual action in small claims court. Class arbitrations and class actions are not permitted, and your Claim may not be consolidated with any other person’s claim. This Section 12 shall survive termination of your use of the Site or any User Account that you may have.

By virtue of this Section 12, you and Brunswick are each giving up the right to go to court and have a Claim heard by a judge or jury except in small claims court. The provisions of this Section 12 shall constitute your and Brunswick’s written agreement to arbitrate Claims under the Federal Arbitration Act or to have Claims resolved in small claims court. Any modification to this Agreement shall be in writing and signed by you and Brunswick.

Before you commence an arbitration or file a small claims court action with respect to your Claim, you must first send to us a written notice of your claim (“Notice”). The Notice must (1) be sent by certified mail; (2) be addressed to Brunswick Corporation, Attn: Law Department, 1 North Field Court, Lake Forest, IL 60045; (3) describe the nature of your Claim; and (4) specify the damages or other relief you seek. You must provide such a notice within one year after your Claim accrued. Otherwise, you waive the Claim. If we and you do not then resolve the Claim within 30 days after our receipt of your Notice is received, either you or we may commence an arbitration or file a small claims court action to resolve the Claim.

Any such arbitration will be administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to its rules, including, without limitation, the AAA’s Consumer Arbitration Rules, available at https://www.adr.org or by calling 800-778-7879. The arbitrator will apply and be bound by these Terms, apply applicable law and the facts, and issue a reasoned award. In circumstances in which the applicable rules provide for an in-person hearing, such hearing will, at your request, take place in the U.S. county (or parish) of your residence, or otherwise in Chicago, Illinois.

For any Claim that does not exceed $50,000, we will pay all filing and arbitrator’s fees, unless the arbitrator finds the arbitration was frivolous or brought for an improper purpose. If the arbitrator awards you damages that are greater than our last written settlement offer communicated before commencement of the arbitration, we will pay you the greater of $1,000 or the amount of the award.

DISCLAIMERS


USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. BRUNSWICK EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO: IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE SITE ARE NONINFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT ANY DEFECTS WILL BE CORRECTED; THAT THE SITE OR ITS CONTENT WILL CONTINUE TO BE AVAILABLE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITE WILL BE COMPLETE, ACCURATE OR TIMELY. BY USE OF THE SITE, YOU HEREBY ACKNOWLEDGE THAT ANY INFORMATION SENT OR RECEIVED DURING USE OF THE SITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM BRUNSWICK OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND. BRUNSWICK DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE CONTENT ON THE SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.

LIMITATION OF LIABILITY


BRUNSWICK MAKES THE SITE AVAILABLE AT NO CHARGE. YOU UNDERSTAND AND ACKNOWLEDGE FULL RESPONSIBILITY FOR USE OF THE SITE AND THAT SUCH USE IS AT YOUR SOLE RISK AND DISCRETION BRUNSWICK, ITS AFFILIATES, DEALERS, OR SUPPLIERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE OR WITH THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITE, BRUNSWICK’S REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON ITS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF BRUNSWICK OR ANY OF ITS AFFILIATES OR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF ANY CONTENT IS DOWNLOADED FROM THE SITE, IT IS DONE AT YOUR SOLE RISK AND DISCRETION. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. BRUNSWICK WILL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN OUR PERFORMANCE DUE TO ANY CAUSE BEYOND OUR REASONABLE CONTROL, INCLUDING ACTS OF WAR, ACTS OF GOD, ACTS OF SHIPPERS OR OTHER THIRD PARTY SERVICE PROVIDERS, EARTHQUAKE, FLOOD, EMBARGO, RIOT, SABOTAGE, LABOR SHORTAGE OR DISPUTE, GOVERNMENTAL ACT, POWER FAILURE OR FAILURE OF THE INTERNET OR COMPUTER EQUIPMENT. THIS LIMITATION OF LIABILITY APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, ANY LOSS OF PROFITS, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. USERS OF THE SITE SPECIFICALLY ACKNOWLEDGE AND AGREE THAT BRUNSWICK AND SUPPLIERS SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OF THE SITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS IS TO IMMEDIATELY DISCONTINUE USE OF THE SITE.

INDEMNIFICATION


You agree to indemnify, defend and hold harmless Brunswick and its affiliates, and their officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers, from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from use of the Site and any violation of these Terms. If you cause any technical disruption of the Site or the systems transmitting the Site, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption. Brunswick reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification and, in such case, you agree to cooperate with Brunswick in defense of such matter.

JURISDICTION


The Site is controlled by Brunswick from its offices located within the United States of America. The laws of the State of Illinois govern these Terms of Use and use of the Site. If the Site is accessed from a location outside of the United States, it is done at your sole risk and discretion with the understanding that laws applicable in a foreign location may not be applicable to the Site.

ENTIRE AGREEMENT


These Terms along with any posted policies or operating rules constitute the entire understanding of Brunswick and Users and supersedes any prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to the Site.
18. Severability
If any provision of these Terms of Use is unlawful, void or unenforceable, the remaining provisions of shall remain in full force.

HOW TO CONTACT US • phone: (847) 735-4002 or 855-283-1103
• mail: Brunswick Corporation, Attn: Law Department, 1 North Field Court, Lake Forest, IL 60045

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