Boats Discover Malibu Get In Touch Build A Boat Gear Store Find Your Local Dealer Request a Product Guide Privacy and Cookies Notice Malibu Boats, LLC., a business corporation composed of the “Malibu Boats”, “Axis Wake Research”, “Cobalt Boats”, “Pursuit Boats”, “Cobia Boats”, “Pathfinder Boats”, “Maverick Boats”, and “Hewes Boats” brands (herein “Malibu Boats”, “we”, “us” or “our”), based in the United States and headquartered at 5075 Kimberly Way Loudon, TN 37774, is committed to protecting and respecting your privacy and personal information (herein, “personal information” refers to any information that identifies you or is about you as an individual). This Privacy Notice describes how we collect, use and share personal information through your (herein, “you” or “your” refers to the person accessing our products and services) interaction with our websites: https://www.malibuboats.com/, https://www.axiswake.com/, https://cobaltboats.com/, https://www.pursuitboats.com/ , https://www.maverickboatgroup.com/, https://www.cobiaboats.com/, https://www.pathfinderboats.com/, https://www.maverickboats.com/, https://www.hewes.com/, https://mbggear.com/, https://mbgforum.com (herein, “Websites”). Please read this Privacy Notice carefully so you can make an informed decision about your use of our Websites. Contents 1. Scope of This Privacy Notice 2. How We Collect Personal Information 3. Categories of Personal Information We Collect 4. How We Use Personal Information 5. Legal Basis for Collecting and Using Your Personal Information 6. Links to Third-party Websites 7. Collection of Personal Information From Minors 8. Sharing and Sale of Your Personal Information 9. Protection of Personal Information 10. How Long We keep Your Personal Information 11. Where We Transfer Your Personal Information 12. Cookies Notice 13. Your Privacy Rights 14. Questions and Contacts 15. Changes to Our Privacy Notice 1. Scope of This Privacy Notice This Privacy Notice applies to anyone who interacts with us through our Websites, which manage our product and service offerings. This Privacy Notice provides details about the personal information we collect about you, how we use it, and how we protect and safeguard your personal information. This Privacy Notice also provides information about your rights as an individual, in relation to the personal information that we collect from you. These rights may commonly be referred to as your “Consumer Rights” under the California Consumer Privacy Act (“CCPA”) or your “Data Subject Rights” under the European Union General Data Protection Regulation (“GDPR”). 2. How We Collect Personal Information We may collect personal information about you from various interactions on our Websites. These interactions may include signing-up for newsletters, catalogs, or other marketing materials. We may also collect certain online identifiers, which may be considered personal information, through your use of our Websites. This information includes online activity information and technical information about your usage activities, to the extent that such information constitutes personal information. We may also set cookies on your web browser or use other tracking technologies when you interact with Websites, applications, or advertisements in our network. This allows us to collect certain Websites’ usage data and online identifiers which, under certain privacy regulations, may be considered personal information. However, in many cases such data may be aggregated or anonymized, and may only ever be used to attempt to identify you as an individual where we have a legal basis to do so (for example in the case of an investigation into fraudulent transactions). For more information, refer to our “Cookies Notice” in section 12 below. 3. Categories of Personal Information We Collect We may collect, and may have collected in the past, any of the following categories of personal information from you: Contact information, such as your name, address, email address, and phone numbers; Account Information, such as your username, and consent and preferences (e.g., to receive newsletters); Credentials, such as passwords, password hints, and similar security information used for authentication and account access; We may collect information about interaction with, and responses to, our marketing communications; Any personal information you send to us in emails, attachments, and other communications that you send us or otherwise contribute; We may obtain information about you from other sources, such as public databases, joint marketing partners, competitors, e-commerce partners, employment recruitment partners, as well as from other third-parties. Examples of the information we receive from other sources include leads and search results, including paid listings (such as sponsored links), and e-commerce insights such as product order history. Data and online identifiers we collect through our Websites (e.g., through cookies and other tracking technologies) may include IP addresses, preferences, web pages visited prior to coming to our Websites, information about browser, network or device (such as browser type and version, operating system, internet service provider, preference settings, unique device IDs, language, and other regional settings), and information about how you interact with our Websites (such as pages visited, timestamps, clicks, scrolling, browsing times, and load times). For more information refer to our “Cookies Notice” in section 12 below. 4. How We Use Personal Information Your personal information may be used by us, our employees and service providers, and disclosed to third-parties for the following purposes: Communicate with you, including by responding to questions or communications you send to us (e.g., as a response to communications you have sent via online webforms or email), and other relevant service or product-related announcements; Perform our services, including providing our Websites services (e.g., organizing tours/events and facilitating “Build A Boat” designs), order fulfilment and fulfilling transactions, maintaining accounts and contracts, providing customer service, informing and updating our investors, monitoring disputes, or verifying information; Notify you about changes to our products and services; Manage our affiliate, distributor, and customer relationships, including to enforce or apply the agreements concerning you (including any applicable agreements between you and us); Perform marketing, including providing relevant details and informational updates related to our products and services, or advertising our products and services online. This could include “remarketing” or “retargeting”, whereby users of our Websites may be marketed to on other third-party Websites through use of Marketing Cookies – see “Cookies Policy” section 12 below for further information. In addition to third-party cookies, remarketing may also involve our use of personal information (such as name and email address) collected from you in prior interactions, which may then be used to provide you with relevant updates, marketing, or other information related to your prior interactions with our products and services; Administer promotions such as offering product discounts, giveaways, or other incentives; Undertake monitoring, market research, trend analysis, and customer satisfaction survey activities to verify, maintain, or improve the quality and types of products and services being provided, including on our Websites, or to handle and respond to complaints or questions, analyze your interactions with our products and services, or act on feedback you provide through surveys, product feedback, emails, etc.; Audit our transactions and interactions, for purposes where we have legal grounds to do so, such as security or for regulatory compliance; Detect, remediate, and, if applicable, prosecute any physical security or information security-related or criminal incidents, including protecting against any illegal activity such as fraud to ensure the security and integrity of our services; Enforce our legal rights and comply with legal or regulatory obligations including in connection with court orders, complaints, or performance of identity verification to respond to certain requests for information, or to establish, make, or defend against legal claims; Act in the public interest, in line with any laws that apply; Evaluate job applications and business proposals (e.g., agreements or requests proposed by affiliates and distributors, or prospective affiliates and distributors); Post customer product comments on our Websites that may contain partially anonymized personal information. By submitting a product survey, you are consenting to have your comments regarding your experience with our products/services potentially posted anonymously on our Websites. If you wish to delete your comments, please contact us at privacy@malibuboats.com and be sure to include your name, comment location, and contact information. 5. Legal Basis for Collecting and Using Your Personal Information We process your personal information when we have a legal basis to do so. This includes: Consent - You have consented to the use of your personal information in a particular way. When you consent, you can have the right to revoke your consent, however this does not necessarily mean it is possible or that we are obligated to cancel or reverse any previous actions taken based on any consent previously provided. Details of how to exercise your legal rights are outlined in section 13 below - “Your Privacy Rights”; Legitimate Interest - We process certain personal information for the legitimate interests of Malibu Boats, our partners, or our customers. These legitimate interests include, for example, pursuit of our commercial activities and objectives; distribution of marketing materials through various channels such as by online advertising or social media, email, or physical mail; protection of our business, employees, customers, and other stakeholders; and research and analysis to monitor and improve our products, services and Websites based on sales trends, Websites’ usage data, and similar data. We will rely on our legitimate interests for processing personal information only after balancing our interests and rights against the impact of the processing on individuals; Performance of our Contract or fulfillment of our obligations as part of any transaction with you, or to take steps at your request before entering into a contract or transaction; Other Legal Bases - We have a legal or regulatory obligation to collect and/or use your personal information, such as to comply with regulatory requirements or to comply with a court order or law enforcement request. If you do not provide the relevant personal information to us, we may not be able to provide our Websites and services to you. 6. Links to Third-party Websites Our Websites may also contain links to and marketing from the websites of third-parties. We have no control over the content or operation of these websites, nor do we control the confidentiality or privacy practices of the website operators. Consequently, any personal information you submit through such website is governed by the privacy policies of the website in question. It is therefore your responsibility to find out about the third-party policies in order to protect your personal information when visiting these third-party websites. 7. Collection of Personal Information From Minors Our Websites are not designed or intended to attract children under 16 years of age, and we do not knowingly collect information from minors. By using our Websites, you hereby represent that you are at least the age of legal majority in your place of residence. 8. Sharing and Sale of Your Personal Information We may disclose your personal information to service providers and other third-parties. In the past, we may have disclosed to such third-parties any of the categories of personal information outlined in the above section 3, “Categories of Personal Information We Collect”, wherever we have legal basis for such sharing. However, we endeavor to share only the minimum relevant personal information that is required to fulfill the business purpose for sharing such personal information. We may disclose, and may have already disclosed, personal information to the following categories of third-parties: Our affiliates - Our current or past affiliated companies; any personal information collected could be shared across our aforementioned brands (listed in opening section); Our service providers - Our business partners, suppliers and sub-contractors who help us provide our Websites, products and services, or manage our affiliate and business partner (e.g., dealer) relationships. This includes, for example, our e-commerce platform providers, analytics providers, mailing providers, marketing and advertising service providers, website development and troubleshooting service providers, and our local dealers (and any other distributors) and shipping providers; Our professional advisers - including accountants, lawyers and other professional advisers that assist us in carrying out our business activities; Government authorities and third-parties involved in legal or regulatory action - External agencies and organizations (including the police and the relevant local authority) for the purpose of complying with applicable legal and regulatory obligations. We may also disclose your personal information to other third-parties, for example: In the event that we sell or buy any business or assets, or restructure our business or assets, we may disclose your personal information to the prospective affiliate, seller or buyer of such business or assets; If we are under a duty to disclose or share your personal information in order to comply with any legal obligation. While we do not sell personal information in exchange for monetary consideration, we do share, and may have already shared, personal information for other benefits that could be deemed a “Sale,” as defined by the CCPA in the California Civil Code 1798.140 section (t)(1). This includes sharing of identifiers (such as IP address or email address), commercial information (such as product interest), and internet or other electronic network activity usage data with advertising partners and networks, and our Websites’ analytics companies. You have the right to direct us to not sell your personal information. Please see section 13 “Your Privacy Rights” for further details on how to exercise this right. 9. Protection of Personal Information We use reasonable administrative, technical, and physical safeguards to protect your personal information, taking care of its integrity and availability and avoiding its damage, loss, alteration, destruction, or unauthorized use. Although we will do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to or via our Websites and any transmission is at your own risk. 10. How Long We Keep Your Personal Information We will retain your personal information for as long as is necessary for purposes for which it was collected. Those periods are also based on the requirements of applicable data protection laws, applicable legal and regulatory requirements and periods relating to the commencement of legal actions. 11. Where We Transfer Your Personal Information We are headquartered in the United States and we will process your personal information in the United States. Your personal information will be transferred and stored in the United States. If we transfer personal information outside the European Economic Area (EEA), we will implement appropriate and suitable safeguards to ensure that such data will be protected as required by applicable data protection law. For further information as to the safeguards we implement please contact privacy@malibuboats.com. 12. Cookies Notice This Cookies Notice applies when using our Websites. Cookie Overview and How They are Used on Our Websites Our Websites use cookies to distinguish you from other users of our Websites. Cookies are pieces of information stored directly on the device you are using by your browser. Cookies allow us to recognize your device and allow our Websites to remember certain information about you (such as preferences or “Build A Boat” designs associated with your account), and to perform analytics and other functions in relation to your, and others’, use of our Websites. This helps us to provide you with a good, secure, and personalized experience when you browse our Websites and allows us to improve our Websites over time. Cookies set by us on our Websites are called “first-party” cookies, used to help evaluate and enable performance and the secure functionality of our Websites. These may enable us to collect or remember certain usage data and data about your device. This may include data on website pages visited prior, during and after visiting our Websites, clicks or interactions made with the pages on our Websites, consents and preferences, time spent on our pages and date/timestamps of visits and interactions, device identifiers such as IP address or operating system type, and browser type. We also use “third-party” cookies, which are cookies from a website domain other than our Websites. These are used for our Websites’ analytics, site functionality, security, and marketing efforts by sharing usage and device-related data with relevant third-parties. We, and third-parties performing services on our behalf, may use cookies for security purposes (for example, in helping prevent fraud), to facilitate navigation, to display information more effectively, and to personalize your experience while using our services (for example, saving any custom designs in “Build a Boat” so that they remain there if you leave the webpage and return later). In addition, we may use the information to gather statistical information about the usage of our services in order to understand how they are used, continually improve their design and functionality, and assist us with resolving questions about them. Cookies further allow us to present to you the advertisements or offers that are most likely to appeal to you. We may also use cookies to track your responses to our advertisements and we may use cookies or other files to track your use of other websites. Your Choices Regarding Cookies The first time you visit any of our Websites and depending on your jurisdiction, you may be displayed a banner providing you with information about the use of cookies on our Websites, and options for how to opt-in or opt-out of certain cookies when you visit. This opting-in or opting-out can be done using our cookie consent center, which is accessed through the cookie banner you are presented. For example, you can opt-in or opt-out of certain categories of non-essential cookies (e.g., “Marketing Cookies” as described below), by turning the toggle on or off for these in the cookie consent center. You may also opt-out of third-party use of cookies and device identifiers in some instances with the relevant third-party directly or through your browser’s cookie settings. Please note, if you block certain cookies some parts of our Websites may not work correctly. Web Beacon Overview and How They are Used on Our Websites The pages of our Websites contain images (called a "single-pixel gif" or "web beacons") that allow our third-party service providers and us to count page views or to collect other anonymous data. In general, any electronic image viewed as part of a web page, including an ad banner, can act as a web beacon. Web beacons are typically very small, usually 1 by 1 pixel in size, but their presence can be easily seen with your browser’s inspection tools. Web beacons are small in order to minimize both their display and their loading time. Our web beacons may collect, gather, monitor or share personal information about our online service visitors for web tracking purposes; they also may be used to compile anonymous, aggregated statistics about the usage of our online services. For tracking purposes, we use web beacons on our Websites along with other technical methods. We also employ third-party services (e.g., Facebook) that collect data remotely through the use of web beacons. This service then returns the completely anonymous data to us as site traffic reports. Google Analytics In addition to the cookies detailed below, we use Google Analytics to better understand your use of our Websites and services. Google Analytics collects information such as how often users visit our Websites, what pages are visited, and what other sites may have been used prior to visiting. Google uses the data collected to track and examine website usage, to prepare reports on its activities and share them with other Google services, and to contextualize and personalize the ads of its own advertising network. More information about how Google Analytics collects and processes data can be found here. Google’s ability to use and share information collected by Google Analytics about your visits to our Websites is restricted by the Google Analytics Terms of Use and the Google Privacy Policy. You can also opt-out of and manage your preferences for Google’s use of personalized advertising and related cookies by visiting Google’s Ad Settings, and Google Analytics also offers an opt-out mechanism for the web available here. Heap We use Heap to better understand your use of our Websites and services. Heap collects information such as how often users visit our Websites, what pages are visited, and what other sites may have been used prior to visiting. Heap uses the data collected to track and examine website usage, to prepare reports on its activities and share them with other Heap services, and to partners. More information about how Heap collects and processes data can be found here. Heap’s ability to use and share information collected by Heap about your visits to our Websites is restricted by the Heap Terms of Use, the Heap Privacy Policy, and the Heap Terms of Service. HubSpot In addition to the cookies detailed below, we use HubSpot to better understand your use of our Websites and services. HubSpot collects information such as how often users visit our Websites, what pages are visited, and what other sites may have been used prior to visiting. Google uses the data collected to track and examine website usage, to prepare reports on its activities and share them with other Google services, and to contextualize and personalize the ads of advertising networks. More information about how Google Analytics collects and processes data can be found here. HubSpot’s ability to use and share information collected by HubSpot about your visits to our Websites is restricted by the HubSpot Terms of Service. Google Maps Our Websites use Google Maps APIs to enable “Find Your Local Dealer” functionality. To better understand Google's Privacy Policy, please refer to this link. Types of Cookies on Our Websites We use the following types of cookies for the following purposes: Strictly Necessary Cookies: These cookies are essential for you to browse our Websites and use their intended functionality, including accessing secure areas of our Websites. These cookies cannot be opted-in or out of. Performance Cookies: These cookies allow us to count visits and traffic sources so we can measure and improve the performance of our Websites. They help us to know which pages are the most and least popular and see how visitors move around our Websites. All information these cookies collect is aggregated and therefore anonymous. If you do not allow these cookies, we will not know when you have visited our site. Functional Cookies: These cookies enable the Websites to provide enhanced functionality. They may be set by us or by third-party service providers whose services we have added to our pages (for example, adding Google Maps to “Find Your Local Dealer”). Marketing Cookies: These cookies may be set on our Websites by our advertising and marketing service providers. They may be used by those companies to build a profile of your interests and show you relevant advertisements on other sites. They are based on uniquely identifying your browser and internet device. This recognition is used to serve relevant adverts, links, or other information about our products and services to users visiting other websites after having previously visited our Websites or interacted with our products and services. If you consent to these cookies, you may experience targeted advertising. Do Not Track and Third-party Tracking Disclosure Certain mechanisms may allow you to send web browser signals, known as “Do Not Track” (“DNT”) signals, indicating your choice to disable tracking on our Websites. We do not respond to browser “Do Not Track” signals at this time. We may not be aware of or able to honor and respond to every such mechanism. More information about “Do Not Track” is available at www.allaboutdnt.org. Third-parties, other than our service providers (such as our Websites’ analytics provider), do not have authorization from us to track which website you visited prior to and after visiting our Websites. That said, we cannot control third-party tracking and there may be some third-party tracking that occurs without our knowledge or consent. 13. Your Privacy Rights Depending on the jurisdiction you reside in, you may have certain rights in relation to the personal information we have collected about you. These rights are not absolute and do not apply in all cases. We will never discriminate against or provide discriminatory treatment to any individuals exercising their privacy rights under applicable regulations. If we are not able to meet your privacy rights request, we will explain why, and provide details of any further action you may take. Your privacy rights are detailed below: Right of Access/Right to Know: You may have the right to make a request for details of your personal information and a copy of that personal information. Depending on your residency (e.g., for California residents), this may also include rights to know: The categories and specific pieces of personal information that we have collected about you; The categories of sources from which the personal information is collected; The business or commercial purpose for collecting or sharing your personal information; The categories of third-parties with whom we share your personal information; The categories of personal information that we have “sold” about you, as well as the categories of third-parties to whom we sold the information. Right to Rectification: You may have the right to have inaccurate information about you corrected or removed; Right to Deletion/Right to Erasure: You may have the right to have certain personal information about you deleted from our records; Right to Restriction of Processing: You may have the right to ask us to use your personal information for certain restricted or specified purposes only; Right to Object to Processing: You may have the right to object to us collecting, using, sharing, or storing (collectively “processing”) your personal information in certain cases; Right to Portability: You may have the right to ask us to transfer your personal information to another company or individual in a computer-readable format; Right to Withdraw Consent: You may have the right to withdraw any permission (or “consent”) you have given us to handle your personal information; Right in Relation to Automated Decision Making: You may have the right to not be subject to automated decision making, or the right to have a manual review of the decision, as well as be informed of information regarding the logic used to make any automated decisions; Right to Complain or File a Dispute to the Relevant Data Protection Authority: You have the right to complain to the relevant data protection authority where you think we have not used your personal information or met your rights in accordance with relevant data protection law. If you are a California resident, you have the right to direct us to not sell your personal information. While we do not sell personal information in exchange for monetary consideration, we do share, and over the preceding twelve months may have shared, personal information for other benefits that could be deemed a “Sale,” as defined by the California Consumer Privacy Act in the California Civil Code 1798.140 section (t)(1). This includes sharing of identifiers (such as IP address or email address), commercial information (such as product interest), and internet or other electronic network activity usage data with advertising partners and networks, and Websites analytics companies. With respect to our use of third-party marketing cookies, you can always customize your settings at any time. See Section 12 “Cookies Notice” for further information on how to do this. To make a request related to the above privacy rights, please contact us via email at privacy@malibuboats.com, providing us with details on the request type you wish to make. Alternatively, the Privacy Office can be contacted by toll free phone number for California-based individuals exercising their rights under the CCPA - please call us at 1-877-230-5106 - or contact us by mail at the following postal address: Malibu Boats LLC. ATTN: Privacy Office, 5075 Kimberly Way Loudon, TN 37774, USA EU residents can find the contact information for the EU Data Protection Authorities here: https://edpb.europa.eu/about-edpb/board/members_en. 14. Questions and Contacts We hope this Privacy Notice has been helpful in explaining the way we handle your personal information and your rights to control it. For any questions or comments in relation to this Privacy Notice and our privacy practices in general, please contact our Privacy Office who will be pleased to help you by email at privacy@malibuboats.com. 15. Changes to Our Privacy Notice Any changes we make to this Privacy Notice in the future will be posted on this page. The updated Privacy Notice will take effect as soon as it has been updated or otherwise communicated to you. 3/12/2021, 12:31:20 AM Discover Malibu Athletes & Ambassadors Our History Malibu Innovations Malibu Monsoon Engines Awards News & Events Career Opportunities Investors Patents Privacy Policy Suppliers Owners Manuals Wakesurf Boat Wakeboard Boat Water Ski Boat Help & Support Contact Us Warranty Request A Product Guide Find A Dealer Malibu Gear Store Also of Interest Discover MalibuBoats facebook Asset 1 Copyright © 2020 Malibu Inc. All rights reserved. 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