Highwater Marine, LLC

LAST UPDATE: July 11, 2018

This Privacy Statement describes information that Highwater Marine, LLC and its affiliates (“Highwater Marine”, “we”, “our”, and “us”) collect, use, share and store, including personal information. Highwater Marine cares about the integrity and security of consumer personal information. However, Highwater Marine cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

This Privacy Statement focuses on the types of personal information we collect through your operation of various Highwater Marine products and services (collectively, “Highwater Marine Products”).

We provide additional details about how we collect and use information collected from our public websites in our Website Privacy Policy.

1. CONSENT

Consent to Data Collection and Processing

You hereby agree with and consent to the collection and processing of your personal information as described in this Privacy Statement.

International Data Transfers

Your personal information may be collected, processed and stored by Highwater Marine or its services providers in the United States and other countries where our servers reside. Please be aware that the privacy protections and legal requirements, including the rights of authorities to access your personal information, in some of these countries may not be equivalent to those in your country.

2. GENERAL PRINCIPLES FOR THE PROCESSING OF PERSONAL INFORMATION

Personal information will be collected, stored, processed and transmitted in accordance with Highwater Marine’s established policies and applicable federal, state, local and foreign laws, rules and regulations.

The principles of Highwater Marine with respect to the processing of personal information are as follows: (1) personal information will be processed fairly and lawfully, (2) personal information will be collected for specified, explicit, and legitimate purposes and not further processed for incompatible purposes, (3) personal information collected by Highwater Marine will be adequate, relevant, and limited to what is necessary in relation to the purposes for which they are collected and processed, (4) personal information collected by Highwater Marine will be accurate and, where necessary, kept up to date to the best of our ability, (5) personal information collected by Highwater Marine will be retained as identifiable data for no longer than necessary to serve the purposes for which the personal information was collected, and (6) personal data will be processed in a manner that ensures appropriate security of the personal data, including protection against unauthorized or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organizational measures.

If Highwater Marine engages in the processing of personal information for purposes other than those specified in this Policy, Highwater Marine will provide notice of these changes, the purposes for which the personal information will be used, and the recipients of personal information.

3. INFORMATION COLLECTED

  • As you interact with Highwater Marine, there may be opportunities for you to provide us with your information. Additionally, we may collect certain information about your or your Highwater Marine products as further described below.
  • You may provide us with information about you or your Highwater Marine products through a number of sources: Highwater Marine websites, applications, product and related events, surveys, social media platforms, sweepstakes entries, and through our customer contact centers. We also receive information about you through Highwater Marine product sales records provided by your dealer and we may obtain, with your consent, data obtained from your Highwater Marine product.
  • The types of information that Highwater Marine collects about you may include, but are not limited to:
    • Contact information (such as name, address, city, state and ZIP code, age or date of birth, occupation, social security number, email address and telephone number)
    • Payment information (such as your bank account information, credit card number, debit card number, bank or investor account, CVV code, expiration date, and payment history)
    • Information related to your creditworthiness, assets, income, or liabilities
    • Information about your Highwater Marine product (such as license plate number, Highwater Marine product identification number (VIN), make, model, model year, selling dealer, servicing dealer, date of purchase or lease, lease/financing term, service history, mileage, oil/battery status, fuel or charging history, electrical system function, gear status, and diagnostic trouble codes)
    • Information about your connected devices (such as mobile phone, computer, or tablet) and how you interact with our products, services, apps, and websites (such as IP address, browser type, unique device identifier, cookie data, and associated identifying and usage information)
    • Demographic information (such as gender, date of birth, marital status, and household composition)
    • Marketing profile information (such as when you plan to purchase a Highwater Marine product)
    • Photographs and videos such as those that you may submit for contests, sweepstakes and social sharing
    • Relationships you have with Highwater Marine in addition to the purchase and servicing of your Highwater Marine product (such as through a rewards card, etc.)
    • Incentive eligibility verification information (such as college name, branch of service, or credit union name for Highwater Marine product purchase programs)
    • Social Security Number (in limited circumstances Highwater Marine may collect SSN, for example if you win a sweepstakes or receive compensation that must be reported for government tax purposes)
    • Investor Information (name, address, phone number, and email address)
    • The kind of Highwater Marine product you purchased
    • The kind of service provided to you
  • In order to register an account with Highwater Marine, or join a Highwater Marine rider community, you will need to provide your name, address, telephone number, and email address.
  • If you decide to purchase any Highwater Marine Products or services offered by Highwater Marine directly from Highwater Marine, Highwater Marine will ask for your name, mailing address, telephone number, email address and certain financial information such as a credit card number to be used for order processing and payment. Highwater Marine may use a third party for payment processing on its behalf. You may also choose to finance your purchase of Highwater Marine Products from Highwater Marine pursuant to one of several financing options made available by third party financial institutions. If you choose to finance your purchase of Highwater Marine Products, you will be directed to one of the third party financial institutions with which Highwater Marine has a business relationship to make an application directly through that financial institution in connection with which the financial institution will ask you for the personal and financial information applicable to their own application process, the privacy and security of which will be governed by their privacy policies.
  • If you choose to purchase extended service contracts or insurance services from Highwater Marine. You may also choose to apply for a Highwater Marine Visa card. Depending upon the choices you make in connection with your purchases of Highwater Marine Products or services offered by Highwater Marine or a third party with which Highwater Marine does business, you will be asked for personal information including your name, mailing address, telephone number, email address and certain financial information such as a credit card number to be used for order processing and payment.
  • If you apply for a Highwater Marine Visa card, you will be asked for personal information including your name, date of birth, social security number, country of citizenship, country of residence, primary phone number, mobile phone number, email address, physical address, duration of residency, housing status, monthly housing payment amount, mail delivery address, employment status, employer, annual income, additional annual income, expected monthly cash transactions, expected monthly international transactions, expected balance transfers, joint applicants, authorized users.
  • If you decide to purchase any Highwater Marine Products or services through an independent dealer, the dealer will ask for your name, mailing address, telephone number, email address, and certain financial information such as a credit card number to be used for order processing. The dealer may use a third party for payment processing on its behalf, and will transmit to Highwater Marine all or a portion of the information that you provide to the dealer in connection with your purchases.
  • If you decide to voluntarily participate in a sweepstakes, game, contest, survey, or other similar activity offered by Highwater Marine or in conjunction with a third party provider, you may be asked to provide your name, mailing address, email address and age as well as other information on an optional basis such as your gender or other types of Highwater Marine products purchased in order to participate in the sweepstakes, contest, or survey. Occasionally, Highwater Marine will refer to this information to better understand your needs and interest in our products and services. If you consent, Highwater Marine will also use this information to send you information about Highwater Marine products. You have a right to withdraw consent at any time without affecting the lawfulness of processing based on consent before its withdrawal. To do so please refer to section 5 below.
  • Remember that when you visit our websites, we collect personal information as described in our separate Website Privacy Policy. Like most Internet sites, we routinely record log entries (including information such as your IP address) and technical information (such as your browser type and version) when your browser or mobile device contacts our servers.

4. HOW WE MAY USE INFORMATION WE COLLECT

The information Highwater Marine collects about you and your Highwater Marine products may be used:

  • To provide products and services and maintain customer relationships
  • To improve the quality, safety, and security of our products and services
  • To administer your account(s) and process your payments for products and services
  • To operate our websites and applications, including online registration processes
  • To facilitate and support Highwater Marine dealer and supplier diversity programs and Highwater Marine grant programs
  • To autofill data fields on our websites to improve your online experience
  • To develop new products and services, including connected, autonomous, and car-sharing products and services
  • To provide customer and Highwater Marine product support and service (such as recall information)
  • For warranty administration and validation
  • To provide information and product updates
  • To evaluate Highwater Marine product performance and safety
  • For research, evaluation of use, and troubleshooting purposes
  • To verify eligibility for Highwater Marine product purchases or incentive programs
  • For marking and analytics purposes
  • To support the electronic signature and delivery process between you and your dealer
  • To customize and improve communication content
  • To comply with legal, regulator, or contractual requirements

Communications with you in connection with these uses may be via mail, telephone, e-mail, text message, social medial, or other electronic messages, or via our websites and applications.

Highwater Marine may share personally identifiable information about you with third parties only with your permission or as set forth herein. Uses of information that you choose to share with a third party are governed by that third party’s privacy policy while in that third party’s possession. For example, if you select a third party for the service of Highwater Marine Products and share your personal information with that party, we cannot control the collection, storage or sharing of information collected by that party. Always check the privacy policies for any company that collects your personal information.

We may also receive information from Highwater Marine dealers, from our partners, and from other sources and combine that with the information in your Highwater Marine account. Personally identifiable information about you that Highwater Marine receives from third parties will be processed and stored by Highwater Marine and will be treated in accordance with this Privacy Statement. This information may be processed in the same or different ways as any other data that is part of your Highwater Marine account.

The following are examples of situations where we may share your personally identifiable information:

  • With your consent.
  • For external processing, storage, and management. We may also utilize third party vendors to assist with monitoring our servers for technical problems and data security and privacy compliance. These third party vendors (as well as Highwater Marine employees) may access certain information about you or your account in line with this work, but are not permitted to use this data for purposes unrelated to Highwater Marine Products and services.
  • Upon the sale or transfer of the company and/or all or part of its assets, your personal information may be among the items sold or transferred. We will request a purchaser to treat our data under the Privacy Statement in place at the time of its collection.
  • We may provide information to a third party if we believe in good faith that we are required to do so for legal reasons. For example, we may disclose information in response to legal process and we may disclose information in response to lawful requests by public authorities in the United States and other countries for the purposes of law enforcement and national security.

Uses of information and data may include:

Contact Information

“Contact Information” means information that allows someone to identify or contact you (e.g., your name, phone number, home address, and email address). Unless otherwise stated in this Privacy Statement, we do not share your Contact Information with anyone without your permission. However, we may use your Contact Information to market Highwater Marine Products and third-party products and services to you via various methods. You can stop the delivery of future promotional emails from us by following the specific instructions in the advertising emails you may receive. These choices do not apply to the receipt of mandatory service communications that are considered important to the Highwater Marine Products or services you receive.

Service Information

“Service Information” means information necessary or useful to us in providing the Highwater Marine Products to you (e.g., Highwater Marine Products you use and how/when you use them). This information is used by us for operation of the Highwater Marine Products, to provide services or information to you, to maintain the quality of our products and services, and to provide general statistics regarding use of the Highwater Marine Products. We may also use Service Information for customer support, Highwater Marine Product restoration, research and development activities for new products and services, and other similar purposes. Finally, we may provide certain Service Information to selected third parties, such as our dealers and other business partners, to improve the Highwater Marine Products or the services we provide, for marketing purposes, or otherwise where we have obtained your consent.

Anonymized Information

Sometimes we may “anonymize” your information by removing any identifier that can be associated with you. Anonymized information helps us develop reports and analyses about how our customers use the Highwater Marine Products and for other research such as behavioral inferences. We may publically share or sell anonymized information and reports and analyses based on anonymized information. We may disclose aggregated, anonymized information, and analyses and reports derived from such information to third parties including utilities, our service providers, suppliers, advertisers, merchants, consumer and market research companies and other organizations. We may share non-personally identifiable information (for example, aggregated or anonymized customer data) publicly and with our partners. We take steps designed to keep this non-personally identifiable information from being associated with you, and we require our partners to do the same.

5. YOUR RIGHTS OVER YOUR INFORMATION

By law, you can ask us what information we hold about you, and you can ask us to correct it if it is inaccurate. You can also ask for it to be erased and you can ask for us to give you a copy of the information. You can also ask us to stop using your information and limit how we use your information. To do so, please refer to contact details below.

Your California Privacy Rights

Under California’s “Shine the Light Law”, California residents who provide personal information in obtaining products or services for personal, family, or household use are entitled to request and obtain from us once a calendar year information about the customer information we shared, if any, with other businesses for their own direct marketing uses. If applicable, this information would include the categories of customer information and the names and addresses of those businesses with which we shared customer information for the immediately prior calendar year.

To obtain this information on behalf of Highwater Marine, please send an email message to privacy@hwmllc.com with “Request for California Privacy Information” on the subject line and in the body of your message. We will provide the requested information to you at your email address in the response. Please be aware that not all information is covered by the “Shine the Light “requirements and only information on covered sharing will be included in our response. For an explanation of our privacy practices, please review our Privacy Statement by clicking the “Privacy Statement” link on our home page.

6. RETENTION AND DELETION OF INFORMATION

We generally store your information or data on our servers or on the servers of our third party vendors until the later of (i) the date you request that we delete or edit it, (ii) the date on which you are no longer a Highwater Marine Products customer, or (iii) as long as is required by applicable law.

If you cease to be a Highwater Marine Products customer, Highwater Marine will deactivate your account and will, upon receipt of a written notice from you, request that our third party vendors delete your account information from their servers. Because of the way we maintain certain services, however, after your information is deleted, backup copies may linger for some time before they are deleted, and we may retain certain data for a longer period of time if we are required to do so for legal reasons.

7. SECURITY

Highwater Marine will take reasonable steps to protect the personal data in its possession from loss, misuse, unauthorized access, disclosure, alteration, and destruction, and will take all useful precautions with regard to the nature of the data and the risks of the processing, to preserve the security of the data and, in particular, prevent its alteration and damage or access by non-authorized third parties. Highwater Marine has put in place technical, physical, and organizational procedures and security measures designed to safeguard and secure the personal data from destruction, loss, alteration, unauthorized access or disclosure, or other forms of unauthorized or unlawful processing commensurate with the risks posed by the particular type of processing, the nature of the personal data and in accordance with applicable law, and taking into consideration the cost of implementing such measures. Highwater Marine cannot guarantee the security of personal data on or transmitted via the Internet.

Highwater Marine will comply with applicable local laws, rules and regulations with respect to data breach disclosure and notification.

8. CHANGES TO THIS PRIVACY STATEMENT

Please note that this Privacy Statement may change from time to time. We will provide notice of any changes on the website or by contacting you.

9. YOUR RIGHT TO COMPLAIN

If you have a complaint as to our use of your information, you may file a complaint with us, the competent data protection authority, any other governmental agency, and/or a judicial body.

A complaint may be submitted directly to Highwater Marine:

  • By filling the complaint form
  • By mail:
    – to Highwater Marine, LLC 4500 Middlebury St, Elkhart, IN 46516 Attention: Webmaster/GDPR – 1-574-522-8381 (Monday to Friday, 8am – 5pm CST)

10. CONTACT US

If you have any questions about this Policy, please contact Highwater Marine’s Data Protection Officer or Highwater Marine directly.

Our contact information is as follows:

Highwater Marine LLC
4500 Middlebury St
Elkhart, IN 46516
Attention: Webmaster/GDPR
1-574-522-8381 (Monday to Friday, 8am – 5pm EST)
privacy@hwmllc.com