Effective Date: December 16, 2019
How does Brunswick collect my personal information?
Brunswick collects and processes personal information for legitimate business purposes in order to, for example, process warranty information, communicate with existing customers about products and services, and/or address concerns related to purchased products or services. We collect your personal information, for example, when you:
What does Brunswick collect?
Brunswick collects and processes customers’ personal information for legitimate business purposes. The types of personal information we collect and/or share depend on the product and/or service you have with us. This information may include:
We do not collect personal information about your online activities over time and across third party websites or online services when you use our Sites. However, we will treat a “do not track signal” transmitted from your web browser as a request to opt-out of the sale of your information to the extent that we are able to associate your browswer with any other information about you.
Why does Brunswick collect my personal information?
In addition to instances in which you have consented to our use or processing of your information, Brunswick may use your information in order to:
combine with any of the information we collect from or about you and use it in the manner described above.
Who does Brunswick share my personal information with?
Brunswick does not sell the information you provide us for a profit, however, the information is shared with third parties. Brunswick shares your personal information internally and externally, including with:
In addition, we may disclose information about you to third parties under the following circumstances:
INFORMATION WE AUTOMATICALLY COLLECT
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.
CROSS-BORDER DATA TRANSFERS
To transfer data from the European Economic Area (EEA) to other countries, such as the United States, we comply with legal frameworks that establish an equivalent level of protection with EU law. By using the Sites or providing us with your personal information, you are transferring your personal information to us in the United States. In addition, we transfer the personal information we collect on the Sites to other countries where we do business.
The U.S. Brunswick entities adhering to the Privacy Shield Principles include: Attwood Corporation; BBG Logistics, Inc.; Blue Water Finance, Inc.; Boston Whaler, Inc.; Brunswick Commercial & Government Products, Inc.; Brunswick Family Boat Co. Inc.; Brunswick Financial Services Corporation; Brunswick Leisure Boat Company, LLC; Brunswick Marine in EMEA, Inc.; Brunswick Marine Sales Corporation; Brunswick Product Protection Corporation; Garelick Mfg. Co.; Land ‘N’ Sea Distributing, Inc.; Lund Boat Company; Marine Power International Limited; Marine Power International Pty. Limited; Marine Power New Zealand Limited; Sea Ray Boats, Inc.; and Thunder Jet Boats, Inc.
With respect to personal data received or transferred pursuant to the Privacy Shield, Brunswick and its related entities listed above are subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission. In certain circumstances, employees who have submitted personal data to Brunswick for Human Resources purposes may invoke binding arbitration when other dispute resolution methods have been exhausted, as described in Annex 1 to the Privacy Shield.
As described in the Privacy Shield Principles, Brunswick remains responsible for any of your personal information under the Privacy Shield and transferred to a third party acting as an agent on its behalf. Brunswick commits to cooperate with EU data protection authorities (DPAs) and the Swiss Federal Data Protection and Information Commissioner (FDPIC) and comply with the advice given by such authorities with regard to personal data transferred from the EU and Switzerland in the context of the employment relationship.
- Model Contract Clauses & Data Processing/Protection Agreements. Where appropriate, Brunswick has created and entered into Data Processing or Data Protection Agreements with relevant parties (vendors with whom we share personal information, for example) to ensure the appropriate transfer of your information. In the EEA, those agreements incorporate model contract clauses, which have been approved by the European Commission as an adequate means of protection when transferring data outside of the EEA.
HOW WE PROTECT YOUR INFORMATION
We work hard to protect you and Brunswick from unauthorized access, alteration, disclosure or destruction of information we hold. To that end, 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.
YOUR RIGHTS TO YOUR INFORMATION
If you are a resident of the EU, you have the right to request access to the personal information we have collected about you for the purposes of reviewing, modifying, or requesting erasure 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 restrict or cease processing or sharing 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 firstname.lastname@example.org or please fill out the form found here.
If you are a resident of Nevada, you have the right to request that we restrict or cease the transfer of your information to third parties in some situations. If you would like to make a request to restrict the sharing of your information, please contact us at email@example.com or please fill out the form found here.
To help protect your privacy and security, we will take reasonable steps to verify your identity before granting access to your information.
- California Resident Access Rights: If you are a California resident, beginning on January 1, 2020, you have the rights described below regarding your personal information:
Access to Specific Information and Data Portability: You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your personal information request, we will disclose to you, based on your request:
- The categories and specific pieces of personal information we collected about you;
- The categories of sources for the personal information we collected about you;
- Our business or commercial purpose for collecting or selling that personal information;
- The categories of third parties with whom we share that personal information; and
- If we sold or disclosed your personal information for a business purpose, two separate lists identifying: (a) the categories of your personal information collected and sold, and the categories of the third parties to whom the data was sold; and (b) the categories of your personal information that was disclosed for business purposes.
We will not, however, disclose any of the following information in response to an access request: your social security number, driver’s license number or other government-issued identification number, financial account number, any health or medical identification number, an account password, or security questions or answers in response to a request to know.
Deletion Request: You have the right to request that we delete the personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your personal information request and verify your identity through our two tier veficiation process, we will delete your personal information to the extent required by law and unless permitted or required by law to retain your personal information.
We may deny your deletion request if retaining the information is necessary for us or our service providers to:
- Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you;
- Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities;
- Debug products to identify and repair errors that impair existing intended functionality;
- Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law;
- Comply with California Penal Code Section 1546 et seq. (the California Electronic Communications Privacy Act);
- Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent;
- Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us;
- Comply with a legal obligation; or
- Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
Do Not Sell My Personal Information: We do not sell your personal information to third parties for a profit; however, the information is shared as described in this Policy. Should you wish to opt-out of this exchange, or not be contacted for marketing purposes, please click here and complete an “Opt-Out Request”. You can also click the “Do Not Sell My Personal Information” button on the bottom of each Site’s main page, which will take you to the same webform.
Exercising Your CCPA Rights
To exercise the CCPA rights described above, please submit a verifiable personal information request to us by either:
- Calling us at 855-283-1103 or 847-735-4002;
- Completing an online request form by clicking here ; or
- Emailing us at firstname.lastname@example.org.
Only you or a person registered with the California Secretary of State that you authorize to act on your behalf may submit a personal information request. You may also make a personal information request on behalf of your minor child. If an authorized agent submits a request on your behalf, unless that agent produces a power of attorney signed by you, we may require that: (1) you or the authorized agent produce your written permission for the agent to act on your behalf and (2) you to verify your identity.
You may only submit two personal information requests within a 12-month period. The verifiable personal information request must:
- Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information, or an authorized representative; and
- Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
If we cannot verify a request to delete, we will treat that request instead as a request to opt-out of the sale of your information.
We endeavor to respond to a personal information request within 45 days of its receipt, and we will confirm receipt of your request to know or to delete within 10 days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. We will deliver our written response by mail or electronically. If provided electronically, we will select a format to provide your personal information that is in a portable and readily useable format. The response we provide will also explain the reasons we cannot comply with a request, if applicable.
We do not charge a fee to process or respond to your personal information request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
Unless permitted or required by law, if you exercise any of your rights pursuant to California Civil Code 1798.100 et seq, the California Consumer Privacy Act (your “CCPA Rights”), we will not:
- Deny you goods or services;
- Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties;
- Provide you a different level or quality of goods or services; or
- Suggest that you may receive a different price or rate for goods or services, or a different level or quality of goods or services.
However, if you do exercise one or more of your CCPA Rights, we reserve the right to charge you a different price or rate from other
consumers, or provide you a different level or quality of goods or services. At this time, we do not offer financial incentives for the continued collection, use, sharing and/or sale of your personal information.
RETENTION OF YOUR 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 deleting personal information based on a request, Brunswick will make reasonable attempts to ensure that all instances of the information are deleted in their entirety.
LINKS TO OTHER WEBSITES & SOCIAL NETWORK ACCOUNTS
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.
Some of our Sites allow you sign into and associate your social network accounts including, but not limited to, Twitter, LinkedIn, Facebook, YouTube, Instagram, and Pinterest with Brunswick.
If you would like to disconnect a social media account from Brunswick, refer to the settings of that social media account and its provider.
Third parties, including advertisers, will collect information, potentially including personal information, about your activities over time and across different websites when you use the Sites. Those third parties provide Brunswick with data collection, reporting, ad response measurement, and analytical information, and assist with delivery of relevant marketing messages and advertisements.
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 that 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.
Our Sites are general audience Sites not directed at children under the age of 16. If we obtain actual knowledge that any information we collect has been provided by a child under the age of 16, we will promptly delete that information.
HOW TO CONTACT US
Attn: Law Department
26125 N. Riverwoods Blvd., Suite 500
Mettawa, IL 60045
Phone: 855-283-1103 or 847-735-4002
If you would like to update your contact information or preferences, have your information removed from our mailing lists, or no longer receive marketing emails 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
- Completing an online request form by clicking here.
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).
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.
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.
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.
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.
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.
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.
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.
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.
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
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
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
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
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.
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.
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.
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.
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
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
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.
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
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
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
BY USING A SITE, YOU AGREE TO THIS CHANGE PROCEDURE.
Effective Date: May 15, 2018
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.
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.
4. 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.
5. 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.
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 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 email@example.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 firstname.lastname@example.org.
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 email@example.com notifying us that you wish to deactivate your account and/or no longer own the boat associated with your User Account.
7. 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.
8. 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.
9. 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.
10. 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.
11. 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 Privacy Office
Attn: Law Department/Copyright Agent
26125 N. Riverwoods Blvd.
Mettawa, IL 60045
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.
12. 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.
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.
14. 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.
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.
17. 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.
HOW TO CONTACT US
Questions or comments about these Terms or the Site may be directed to:
• e-mail: firstname.lastname@example.org
• phone: (847) 735-4002 or 855-283-1103
• mail: Brunswick Corporation, Attn: Law Department, 26125 N. Riverwoods Blvd., Suite 500, Mettawa, IL 60045
Thank you for visiting our site.
Effective Date: MAY 15, 2018
WHAT ARE COOKIES AND OTHER TRACKING TECHNOLOGIES?
A Cookie is a small text file that can be stored on and accessed from your device when you visit one of our Sites, to the extent you agree. The Other Tracking Technologies work similarly to Cookies and place small data files on your devices or monitor your website activity to enable us to collect information about how you use our Sites. This allows our Sites to recognize your device
from those of other users of the Sites. The information provided below about Cookies also applies to these Other Tracking Technologies.
protect the Sites, and to process any requests that you make of us.
To administer our Sites and for research purposes, Brunswick also has contracted with third-party service providers to track and analyze statistical usage and volume information from our Site users. These third-party service providers use persistent Cookies to help us to improve the user experience, manage the content on our Sites, and analyze how users navigate and utilize the Sites.
FIRST AND THIRD-PARTY COOKIES
“First party Cookies” are cookies that belong to Brunswick and that Brunswick places on your device. “Third-party Cookies” are cookies that another party places on your device through our Sites.
Brunswick may contract with third-party service providers to send e-mails to users who have provided us with their contact information. To help measure and improve the effectiveness of our e-mail communications, and/or to determine whether messages have been opened and links clicked on, the third-party service providers may place Cookies on the devices of these users.
For more information on how these companies collect and use information on our behalf, please refer to their privacy policies as indicated below.
We use the following types of Cookies:
Persistent Cookies. We use persistent Cookies to improve your experience of using the Sites.
Session Cookies. Session Cookies are temporary and deleted from your device when your web browser closes. We use session Cookies to help us track internet usage as described above.
You may refuse to accept browser Cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of the Sites.
The data collected by the Sites and/or through Cookies that may be placed on your computer will not be kept for longer than is necessary to fulfil the purposes mentioned above.
Our Cookies are used for the following purposes:
|Strictly Necessary/ Technical||These Cookies are necessary to allow us to operate our Sites so you may access them as you have requested. These Cookies, for example, let us recognize that you have created an account and have logged into that account to access Site content. They also include Cookies that enable us to remember your previous actions within the same browsing session and secure our Sites.|
|Analytical/ Performance||These Cookies are used by us or third-party service providers to analyze how the Sites are used and how they are performing. For example, these Cookies track what pages are most frequently visited, and from what locations our visitors come from. If you subscribe to a newsletter or otherwise register with the Sites, these Cookies may be correlated to you. These Cookies include, for example, Google Analytics cookies.|
|Functionality||These Cookies let us operate the Sites in accordance with the choices you make. These Cookies permit us to “remember” you in-between visits. For instance, we will recognize your user name and remember how you customized the Sites and services, for example by adjusting text size, fonts, languages and other parts of web pages that are alterable, and provide you with the same customizations during future visits.|
You can stop cookies from being downloaded on your device by selecting the appropriate settings on your browser. Most 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. You can find out how to do this for your particular browser by clicking “help” on your browser’s menu or by visiting www.allaboutcookies.org. Please note, however, that without cookies you may not be able to access or take full advantage of all our Sites features.
Most browsers allow users to use a “private mode” by which cookies are deleted after your website visit. Please read the help section of your browser to learn more about how to activate the “private mode.” You could still visit our website if your browser is in “private mode”; however, the user experience may not be optimal and some utilities may not work.
If you want to remove previously-stored Cookies, you can manually delete the Cookies at any time. However, this will not prevent the Sites from placing further Cookies on your device unless and until you adjust your browser setting as described above.
For more information on the development of user-profiles and the use of targeting/advertising Cookies, please see www.youronlinechoices.eu if you are located in Europe or www.aboutads.info/choices if in the United States.
Attn: Law Department
26125 N. Riverwoods Blvd.
Mettawa, IL 60045
Phone: 855-283-1103 or 847-735-4002