European Union Privacy Policy : Sea Ray Boats

EUROPEAN UNION PRIVACY POLICY

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 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.

EU STANDARDS

The EU Directive on the Protection of Personal Data (the “EU Directive” or the “Directive”) prohibits the transfer of personal data to non-EU countries that do not meet the European “adequacy” standard for data protection. The EU standard is specified in a number of privacy principles as detailed below. We have listed the privacy principles below, along with the ways we comply with those principles.

“Personal data” and “personal information” and “your information” means data about you that identifies or can identify you and that is within the scope of the Directive, received by us from a source in the European Union, and recorded in any form.

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

NOTICE

If we state a specific purpose for gathering of information at the time we ask you to give the information to us, we will not use the information for any purpose other that the purposes stated or for purposes reasonably related to fulfilling that purpose. For example, if you give us your contact information in connection with the purchase of a product, we will use that information to communicate with you about the product (e.g. warranties, claims, features, maintenance, and use) and about issues reasonably related to the product (e.g. to tell you about user groups, events, promotions, new products, and additional information that are available to you online, through print media, or in your physical area). We will not use the information for any purpose about which we have not notified you as of the date you provide the information to us and/or as of the date you give to us your further express or implied consent after receiving such notice.

You can contact us with any inquiries or complaints or choose to revise or withdraw your consent at any time by contacting the parties below. To the extent we do not have a right under the Directive to continue to obtain, maintain, and/or disclose such information, we will comply with your request.

Terry Domian, AVALA Marketing Group,
1078 Headquarters Park Drive, Fenton, MO 63026,
Phone: 636-343-9988, Fax: 636-326-3282, E-mail: terryd@avalamarketing.com
or
Brian Rappaport, AVALA Marketing Group,
1078 Headquarters Park Drive, Fenton, MO 63026,
Phone: 636-343-9988, Fax: 636-326-3282, brianr@avalamarketing.com.

For More Information on Sea Ray’s 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

CHOICE

Except as otherwise provided by the Directive, you may choose whether your personal information is (a) to be disclosed to a third party or (b) to be used for a purpose that is incompatible with the purpose(s) for which it was originally collected or subsequently authorized by the individual. You may express your choices to us using the contact information above.

For sensitive information (e.g. personal information specifying medical or health conditions, racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, or information specifying sex life), we will give you an affirmative or explicit choice if the information is to be disclosed to a third party or used for a purpose other than those for which it was originally collected or subsequently authorized by you.

Consistent with the Directive, we may or may not solicit or obtain your consent where the use of your personal information is (1) in your vital interests of the interests of another person; (2) necessary for the establishment of legal claims or defenses; (3) required to provide medical care or diagnosis; (4) necessary to carry out our obligations in the field of employment law; or (5) related to data that you manifestly make public.

ONWARD TRANSFER

We apply the Notice and Choice principles above when providing your personal information to third parties. Where we wish to transfer information to a third party that is acting as our agent we may do so if we first either ascertain that the third party subscribes to the EU Directive Privacy Principles or is subject to the Directive or another adequacy finding or enter into a written agreement with such third party requiring that the third party provide at least the same level of privacy protection as is required by the relevant principles. Note that, so long as we comply with these requirements, you may not hold us responsible (unless we specifically agree otherwise in an authenticated record that refers to this provision) when a third party to which we transfer such information processes it in a way contrary to any restrictions or representations, unless we knew or should have known that the third party would process it in such a contrary way and we have not taken reasonable steps to prevent or stop such processing. If you suspect, or become aware of, any such processing, please contact us using the information above and give us as many specifics as possible.

Investment bankers or auditors may process your personal information without your knowledge, but only to the extent and for the period necessary to meet statutory or public interest requirements and in other circumstances in which the application of the EU Privacy Principles would prejudice our legitimate interests. These legitimate interests include the monitoring of our compliance with our legal obligations and legitimate accounting activities, and the need for confidentiality connected with possible acquisitions, mergers, joint ventures, or other similar transactions carried out by investment bankers or auditors.

SECURITY

We are required to take reasonable precautions to protect your personal information from loss, misuse, and unauthorized access, disclosure, alteration and destruction. We use the means described in the Security section of our General Privacy Policy above.

DATA INTEGRITY

The personal information we use must be relevant for the purposes for which it is to be used. We will not process personal information in a way that is incompatible with the purposes for which it has been collected or subsequently authorized by you. We generally assume that information that you give to us is accurate. If information you give to us is inconsistent with other information you give to us or with information that is available in public records or from other sources we are permitted by law to use, we will use reasonable efforts to make sure that the information we process is accurate. If, using prudent business practices, we reasonably satisfy ourselves that we have identified the correct information, we will make the correction internally and may or may not confirm the correction with you.

ACCESS

You may have access to personal information about you that we hold and you may correct, amend, or delete that information where it is inaccurate, except where the burden or expense of providing access would be disproportionate to the risks to your privacy in the case in question, or where the rights of third persons would be violated. To access your personal information, and to correct, amend, or delete that information where it is inaccurate, please contact us using the contact information above.

We provide access in the form of disclosure to the affected individual and, unless otherwise required by applicable law, do not permit access to our database.

We may charge you a reasonable fee for access to your personal information. We expect that this fee will approximate our actual costs or providing access to you. We may also waive such fees on a case-by-case basis.

If we refuse access to your personal information for any reason, we will tell you our reasons and will do so as specifically as we can. We may refuse to provide access to information to the extent that disclosure is likely to interfere with the safeguarding of important countervailing public interests, such as national security; defense; or public security. In addition, we may deny access where personal information is processed solely for research or statistical purposes. Other reasons for denying or limiting access are:

Interference with execution or enforcement of the law, including the prevention, investigation or detection of offenses or the right to a fair trial;
Interference with private causes of action, including the prevention, investigation, or detection of legal claims or the right to a fair trial;
Disclosure of personal information pertaining to other individual(s) where such references cannot be redacted;
Breaching a legal or other professional privilege or obligation;
Breaching the necessary confidentiality of future or ongoing negotiations, such as those involving the acquisition of publicly quoted companies;
Prejudicing employee security investigations or grievance proceedings;
Prejudicing the confidentiality that may be necessary for limited periods in connection with employee succession planning and corporate reorganizations;
Prejudicing the confidentiality that may be necessary in connection with monitoring, inspection or regulatory functions connected with sound economic or financial management; or
Other circumstances in which the burden or cost of providing access would be disproportionate or the legitimate rights or interests of others would be violated.

ENFORCEMENT

If we fail to comply with this privacy policy or otherwise comply with the Directive, we encourage you to tell us about the failure to comply and to be as specific as possible so that we can resolve any dispute between us.

If you are not satisfied with the resolution we offer, you may seek redress from us using arbitration. All arbitration will be conducted by the American Arbitration Association according to its applicable rules. The place of arbitration will be either Knox or Blount Counties in the State of Tennessee, USA. All disputes will be resolved by reference to the EU Privacy Principles and the arbitrator may, among other things, award damages where the applicable law or private sector initiatives so provide. We will follow up and permit the arbitrator to verify that the attestations and assertions we make about our privacy practices are true and that privacy practices have been implemented as presented.