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 firstname.lastname@example.org.
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
California Civil Code §1798.83 sets forth certain rights for users who are California residents. Once per year, free of charge, any user of the Services is entitled to request and obtain from MasterCraft Boat Company and Aviara any information about the personal information (if any) of the user that we disclosed to third parties for direct marketing purposes in the preceding calendar year. To the extent applicable, this information would include the types of personal information shared and the names and contact information of each third party with whom the personal information was shared. California residents should make such requests to: email@example.com.