1. CUSTOMER INFORMATION
The information we learn from visitors to our Aviara Website ("customers", "users", or "you") helps us personalize and continually improve our services to you. Here is a non-exclusive list of the types of information we gather about our customers:
We receive and store any information you enter on our Aviara Website, such as names, e-mail addresses and other personal information, including information provided on any lead forms and employment applications you submit, or information you provide when you contact the Company for customer support. You can choose not to disclose certain information; however, it could limit the services you can take advantage of on our Aviara Website. We use the information that you provide for such purposes as responding to your requests, customizing future features for you, and communicating with you. You are responsible for ensuring the accuracy of the information that you enter on our Aviara Website, and inaccurate information will affect the information you receive when using our Aviara Website and our ability to contact you.
When you visit the Aviara Website or engage in related Services, we may collect personal information from you:
Customer and Support Correspondence: We may collect personal information that identifies you personally when you submit lead and web forms, comments, questions, or suggestions to our customer service.
Transactions: We may collect Personal Information to fulfill a request or order you place on our Aviara Website. Such information could include name and address, credit card number and expiration date, and billing address.
Communications or Submissions: From time to time, you may be asked to submit Personal Information to MasterCraft Boat Company for use on the Aviara Website or Services.
We may collect information about the devices you use to access the Aviara Website, including the hardware models, operating systems and versions, software, file names and versions, preferred languages, unique device identifiers, advertising identifiers, serial numbers, and network information.
Server Log Information:
When you interact with our Aviara Website, we collect server logs which may include information like device IP address, access dates and times, features or pages viewed, crashes and other system activity, and type of browser.
Information from other sources
We may also collect information about you from other sources, including publicly available sources, social media and marketing service providers. We may combine the information collected from these sources with other information in our possession.
2. HOW WE USE YOUR PERSONAL INFORMATION
We collect and use customer information to provide, maintain and improve our boats, products, services and to provide excellent customer care and support. We also use the information we collect for research and development, to provide promotions, and in connection with legal proceedings.
We take your privacy seriously. Except as disclosed in this policy, we do not sell or disclose customer personal Information or information that makes it possible for other parties to contact you directly without your consent. Your information is an important part of our business, and we are not in the business of selling it to others. We use and share customer information only as described below:
Providing Services and Features:
We use information we collect to provide, personalize, maintain and improve our Aviara Website and our products and services. This includes using the information to perform internal operations, including troubleshooting software bugs and operational problems, conducting data analysis, testing, and research, and monitoring and analyzing Aviara Website usage and activity trends.
We use the information we collect (including recordings of customer support calls after notice to you and with your consent) to assist you when you contact our customer support services, including to: direct your questions to the appropriate support person, investigate and address your concerns, and monitor and improve our customer support responses.
Research and Development:
We may use the information we collect for testing, research, analysis and boat product development. This allows us to improve and enhance our Aviara Website and to develop new features and products.
We may use the information we collect to communicate with you about products, services, promotions, studies, surveys, news, updates and events. We may also use the information to promote and process contests and sweepstakes, and serve you relevant ads and content about our services.
With the General Public:
When you submit a product review to us or you communicate with us through public forums such as social media, your communications may be viewable by the public.
Our Dealers and Subsidiaries:
We may share information with our dealers, subsidiaries and affiliates to help us provide and deliver our boats, products, services, care and support on behalf of MasterCraft Boat Company.
For Legal Requirements and Protection:
We may release personal information whenever we have a good-faith belief that disclosing it is helpful and appropriate to: (1) comply with any applicable law, regulation, legal process, or governmental request; (2) enforce any other terms and conditions of use of the Aviara Website or any other agreement between us, including investigations of potential violations; (3) detect, prevent, and address fraud, credit risk reduction, or security or technical issues; (4) protect against harm to the rights, property, or safety of our Aviara Website, other users of the Aviara Website, yourself, or the public; (5) investigate reports of users providing false or misleading information; (6) prevent or investigate reports of credit card fraud or unauthorized use; or (7) protect against misuse or unauthorized use of the Aviara Website.
With your Consent:
MasterCraft Boat Company and the Aviara brand may share your information other than as described in this policy if we notify you and you consent to the sharing.
MasterCraft Boat Company and the Aviara brand use reasonable efforts to store and maintain Customer Information to protect it from loss, misuse, alteration, or destruction by any unauthorized party. We exercise reasonable care to protect your Personal Information. This includes storing the Personal Information on our servers behind a secure firewall. Unfortunately, no data transmission over the Internet can be guaranteed to be 100 percent secure. So while we strive to protect your Personal Information, we cannot guarantee the security of any information you transmit to us or receive from us. This is especially true for information you transmit to us via email. We have no way of protecting that information until it reaches us. Once we receive your transmission, we maintain physical, electronic, and procedural safeguards to protect your Personal Information.
When registering for access to a secure area of our Aviara Website(s) and Services, we will ask you to select a Username and Password. We recommend that you do not divulge your Password to anyone and maintain secrecy. We will never ask you for your Password in an unsolicited phone call or in an unsolicited email. Also, remember to sign out of the registered area of our Aviara Website and/or Services and close your internet browser window when you have finished. Internally at MasterCraft Boat Company and for the Aviara brand, we limit access to Personal Information to those persons who need the information to provide products, services and support to you or maintain or service those products or services.
4. LINKS TO OTHER SITES
Please be aware that we provide links to third-party sites as a service to our visitors, and that we are not responsible for the content or information collection practices of those sites. Please note that these sites´ privacy policies may differ from those of MasterCraft Boat Company and the Aviara brand. We encourage you to review and understand their privacy practices before providing them with information.
The Aviara Website is presented by MasterCraft Boat Company from within the United States of America and the Company makes no representation that materials on the Aviara Website and/or Services are appropriate, displayed or available for use in locations outside the United States; access to them from territories where their contents are illegal is prohibited. Those who choose to access this Aviara Website from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
A) Provision of Service:
Your use of the materials included on this Aviara Website is solely for information and shopping purposes. You agree not to distribute, publish, transmit, modify, display, or create derivative works of or exploit the contents of this Aviara Website in any way. You agree and acknowledge that MasterCraft Boat Company is entitled to modify, improve or discontinue any of its Aviara Websites or Services at its sole discretion and without notice to you even if it may result in you being prevented from access. Furthermore, you agree and acknowledge that the Company is entitled to provide Services to you through subsidiaries or affiliated entities.
B) Proprietary Rights:
All text, images, graphics, sound files, animation files, video files, and other materials contained on this Aviara Website, including their selection, coordination and arrangement, are protected by MasterCraft Boat Company copyright, trade dress, trademarks, and/or other intellectual property owned or controlled by the Company and/or third-party licensors. You agree to abide by any and all additional copyright notices, information or restrictions contained in any content on our Aviara Website.
C) Submitted Content:
Any material, information, or idea you transmit to or post on this Aviara Website or Services by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by MasterCraft Boat Company and Aviara or its affiliates for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products. Any material you submit to this Aviara Website will be deemed the subject of a grant of a royalty-free, non-exclusive right and license to use, reproduce, distribute, modify, display, transmit, adapt, publish, translate, create derivative works from, and distribute these materials throughout the universe in any medium and through any methods of distribution, transmission, and display whether now known or hereafter devised. In addition, you warrant that all so-called “moral rights” have been waived. You agree that you will not submit anything to the Aviara Website that will violate any right of any third party, including copyright, trademark, privacy, or other personal or proprietary right(s). You further agree that you will not post or transmit to this Aviara Website any unlawful, threatening, libelous, defamatory, obscene, pornographic or profane material, or any other material that could give rise to any civil or criminal liability under the law.
D) Copyright Claims Notification:
MasterCraft Boat Holdings, Inc., the parent of MasterCraft Boat Company, LLC and its wholly owned and trademarked brand “Aviara” (“Aviara Boats”) respect the legitimate intellectual property rights of all copyright holders and will remove Content or Materials appearing on the Site under the appropriate circumstances. Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512, if you believe that any work for which you are the copyright owner has been copied on the Site in a manner that constitutes copyright infringement, please provide notice to the MasterCraft Copyright Agent and include the following required information:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
For notification of infringement claims, or other copyright inquiries, please contact Aviara ATTN: Aviara Copyright Claims at email@example.com.
E) Accuracy of Aviara Website and Services:
All illustrations and specifications contained in this Aviara Website are based on the latest boat and product information available at the time of publication. MasterCraft Boat Company and Aviara reserve the right to make changes at any time, without notice, to colors, materials, equipment, specifications, pricing and models. Colors shown may not represent actual product colors due to variations in screen displays and printers. Illustrations may include test situations. Some boats and products may be shown with non-U.S. equipment. Some boats and products may be shown with optional equipment.
All prices shown are based upon U.S. Manufacturer’s Suggested Retail Price in U.S. dollars and do not include extra costs, such as, but not limited to, taxes, title fees, dealer charges, options, and destination. These prices are valid and effective only in the United States. For specific pricing, product availability, and program information, please contact your local Aviara Dealer. Dealers are independent and are free to set their own prices. The Company reserves the right without prior notice to discontinue or change specifications on boats, , prices, products and services offered on this Aviara Website and related Services.
F) Agreement Termination:
Children’s Online Privacy Protection Act (COPPA) Our Aviara Website is a general audience Aviara Website that is not designed nor intended to collect Personal Information from children under the age of 13. MasterCraft Boat Company and Aviara do not knowingly collect or maintain any Personal Information from children under the age of 13. In addition, no part of this Aviara Website is designed with the purpose of attracting any person under age 13. To respect the privacy of children and to comply with the Children’s Online Privacy Protection Act, children under the age of 13 should not provide any Personal Information on this Aviara Website or related Services. Parents should supervise their children while online.
9. CALIFORNIA RESIDENTS’ PRIVACY RIGHTS
Information We Collect:
We collect information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household, or device ( “personal information”). Personal information does not include publicly available information from government records, or deidentified or aggregated consumer information.
In particular, we have collected the following categories of personal information from consumers within the last twelve (12) months:
A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, or other similar identifiers.
B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80I).
A name, signature, address, telephone number, education, employment, employment history (for the purposes of career opportunities functionality), credit card number, debit card number, medical information. Some personal information included in this category may overlap with other categories.
C. Protected classification characteristics under California or federal law.
Age (40 years or older) and sex (including gender).
D. Commercial information.
Products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
E. Internet or other similar network activity.
Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.
F. Geolocation data.
Physical location or movements.
G. Professional or employment-related information.
Current or past job history or performance evaluations (for purposes the purposes of our career opportunities functionality).
H. Inferences drawn from other personal information.
Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
We obtain the categories of personal information listed above from the following categories of sources:
Directly from you. For example, from forms you complete or products and services you purchase.
Indirectly from you. For example, from observing your actions on our Website, correlation to your social media presence, etc.
Use of Information We Collect
We may use or disclose the personal information we collect for one or more of the following purposes:
To fulfill or meet the reason you provided the information. For example, if you share your name and contact information to request a price quote or ask a question about our products or services, we will use that personal information to respond to your inquiry. If you provide your personal information to purchase a product or service, we will use that information to process your payment, facilitate delivery, connect you with an appropriate dealer, distributor or third-party fulfillment provider, and notify component manufacturers of purchasers for component warranties, support or service, etc. We may also save your information to facilitate new product orders or process returns.
To provide, support, personalize, and develop our Website, products, and services.
To create, maintain, customize, and secure your account with us.
To process your requests, purchases, transactions, and payments and prevent transactional fraud.
To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
To personalize your Website experience and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our Website, third-party sites, and via email or text message (with your consent, where required by law).
To help maintain the safety, security, and integrity of our Website, products and services, databases and other technology assets, and business.
For testing, research, analysis, and product development, including to develop and improve our Website, products, and services.
To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
As described to you when collecting your personal information or as otherwise set forth in the CCPA.
To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our Website users/consumers is among the assets transferred.
We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.
SHARING PERSONAL INFORMATION
We may disclose your personal information to a third party for a business purpose. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.
We share your personal information with the following categories of third parties:
Dealers, Distributors, and Third-Party Fulfillment Providers.
Disclosures of Personal Information for a Business Purpose
In the preceding twelve (12) months, Company has disclosed the following categories of personal information for a business purpose:
Category A: Identifiers.
Category B: California Customer Records personal information categories.
Category C: Protected classification characteristics under California or federal law.
Category D: Commercial information.
Category E: Internet or other similar network activity.
Category F: Geolocation data.
Category H: Inferences drawn from other personal information.
We disclose your personal information for a business purpose to the following categories of third parties:
Dealers, Distributors, and Third-Party Fulfillment Providers.
Component manufacturers for warranty purposes.
YOUR RIGHTS AND CHOICES
The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.
Access to Specific Information and Data Portability Rights
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 verifiable consumer request(see,Exercising Access, Data Portability, and Deletion Rights below), we will disclose to you:
The categories 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.
The specific pieces of personal information we collected about you (also called a data portability request).
If we disclosed your personal information for a business purpose, a list identifying disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.
Deletion Request Rights
You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see, Exercising Access, Data Portability, and Deletion Rights below), we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies. We may deny your deletion request if retaining the information is necessary for us or our service provider(s) 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, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract with you.
Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
Debug products to identify and repair errors that impair existing intended functionality.
Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent.
Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
Comply with a legal obligation.
Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
Exercising Access, Data Portability, and Deletion Rights
You can make a Subject Access Request (SAR) to exercise access, data portability and deletion rights. Please submit a verifiable request through this form:
Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.
You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:
Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use personal information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.
Response Timing and Format
We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request's receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance. We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
Personal Information Sales Opt-Out and Opt-In Rights
The CCPA provides consumers with the right to Opt-Out or Opt-In from sales of your personal data. However, we do not sell your personal data, so it is not necessary to Opt-Out of the sale of your personal data.
We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:
Deny you goods or services.
Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
Provide you a different level or quality of goods or services.
Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
However, we reserve the right to offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information's value and contain written terms that describe the program's material aspects. Participation in a financial incentive program will require your prior opt in consent, which you may revoke at any time.
If you have any questions or comments about this notice, the ways in which Aviara Boats and MasterCraft collects and uses your information described here, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at:
Aviara Boats: MasterCraft Boat Company, LLC
100 Cherokee Cove Drive
Vonore, Tennessee 37885
You can make a Subject Access Request (SAR) to exercise access, data portability and deletion rights. Please submit a verifiable request through this form: