SKIERS CHOICE INC. SKIER'S CHOICE PRIVACY POLICY Terms of Use and Privacy Policy Last Modified: December 31, 2019 Thanks for visiting our website. To make this document easier to read, we’re going to use some abbreviations throughout. “Skier’s Choice” or “us” or “we” refers to Skier’s Choice, Inc. Our “website” refers to the domains << https://skierschoice.com >>, << https://supraboats.com >>, << https://moomba.com >>, individually and collectively, as well as the content and webpages on the websites and the social media pages offered by Skier’s Choice. “You” refers to you and other users of the website. Accepting these Terms of Use and Privacy Policy Please read this Terms of Use and Privacy Policy (“Terms of Use” or “Privacy Policy”) carefully as these terms control your use of our website and discuss how we collect, use, share and process your information. By accessing our website, you agree to these terms and consent to having your data transferred to and processed in the United States. If you have any questions or comments, you may contact us at: Skier’s Choice, Inc., 1717 Henry G. Lane St., Maryville, Tennessee, or you may email us at sc-info@skierschoice.com or by phone [865-983-9924]. Your Personal Information: How We Collect, Use and Share It Below is a brief overview of the personal information we collect and the purpose for our collection. A more detailed description is found below. Type of Personal Information Purpose for Collection Name, phone number, zip code and email address Collected if provided by you for quotes and inquiries into our products. Browsing history, search history, information on your interaction with our website and your Internet Protocol address Collected with automated technologies to improve our website as discussed in our Cookies Policy. Inferences we make about our customers based on data available to us. Collected as described in this Policy and our Cookies Policy to improve our products and business. What We Collect and How It Is Used We collect data from you when you provide it to us, including when you send, receive, or engage in messages with us. We retain those communications to process your inquiries, respond to your requests, and improve our products and services. We use cookies and similar technologies as described in our Cookies Policy. By using our website, you agree to our Cookies Policy. When you fill out a Build Your Boat form on our website, we collect your IP address, name, phone number, email address and your zip code. As discussed in more detail below, we use this information to assist our Authorized Dealers with contacting you concerning the products and services you inquire about on our website. We will otherwise only collect and process personal data about you where we have a lawful basis. These include your consent, an agreement (such as these Terms of Use) and other legitimate interests. These legitimate interests include compliance with applicable law, administration of our business, managing corporate transactions, and to generally understand and improve our business and customers, provided that the foregoing adequately protects your rights. Where we rely on your consent to process personal data, you have the right to withdraw or decline your consent at any time, and where we rely on legitimate interests, you have the right to object. If you have any questions about the lawful basis upon which we collect and use your personal data, please contact us at sc-info@skierschoice.com. Service and Marketing Messages We may use your information to contact you about product and service offerings by email or otherwise. You have the right to opt-out of such messages. We may use your information to investigate, respond to and resolve legal, security or technical issues and complaints and as necessary for security purposes or to investigate possible fraud, violations of law or violations of these Terms of Use. We may use your information to contact you about these security, legal and other service-related issues. Please be aware that you cannot opt-out of receiving such messages from us. Legal Notices We may use your personal information to provide you with notice regarding a security incident or data breach, by: (i) sending a message to the email address you provide (as applicable); (ii) posting to a publicly facing page of our website; (iii) through major statewide media; and/or (iv) telephonic means, including calls and/or text messages, even if sent via automated means including automated dialers (standard text and data messaging rates may apply from your carrier). Notices sent by e-mail will be effective when we send the email, notices we provide by posting will be effective upon posting, and notices we provide through telephonic means will be effective when transmitted or dialed. You consent to receiving electronic communications from Skier’s Choice relating to any security incident or data breach. It is your responsibility to keep your email address and any other contact information you provide to us current so that we may provide these communications to you. Disclosure of Your Information Disclosure on Your Behalf We may disclose personal information that we collect for the purpose that you provide the information or for another purpose for which we have your consent. We may also disclose your personal information as described below. Internal Disclosure We will share your personal data internally within Skier’s Choice to help improve our products and services. Disclosure to Our Service Providers We disclose personal information that we collect or you provide to third party service providers that we use to support our business (such as the management of our data, maintenance, analysis, audit, fraud detection, communication and the like). They will have access to your information as reasonably necessary to perform tasks on our behalf and are obligated not to disclose or use it for other purposes. Disclosure to Authorized Dealers Skier’s Choice has business relationships with third party businesses that are authorized to distribute our products (“Authorized Dealers”). We will share the information you provide to us with those Authorized Dealers when you ask for quotes or have other inquiries about our products. Authorized Dealers will have access to your information as reasonably necessary to contact you per your request for information concerning our products and services. Legal Process It is possible that we will need to disclose information about you when required by law, subpoena, or other legal process or if we have a good faith belief that disclosure is reasonably necessary to (1) investigate, prevent, or take action regarding suspected or actual illegal activities or to assist government enforcement agencies; (2) enforce our agreements with you; (3) investigate and defend ourselves against any third-party claims or allegations; (4) protect the security or integrity of the website; (5) in the event of a merger or an acquisition of our corporate assets or similar transaction; or (6) exercise or protect the rights and safety of Skier’s Choice and others. We may attempt to notify you about legal demands for your personal data when appropriate in our judgment, unless prohibited by law or court order or when the request is an emergency. We may dispute such demands when we believe, in our discretion, that the requests are unlawful, overbroad, vague, or lack proper authority, but we do not promise to challenge every demand. Your Rights to Deleting, Accessing and Correcting Your Information For personal data that we have about you, you have the following rights: Deletion: You may ask us to erase or delete all or some of your personal data. Please note that doing so may limit your ability to use certain functionality of the website. Correction/Modification: You may ask us to change, update, or fix your data in certain cases, including if it’s inaccurate. Object to, or Limit or Restrict, Use of Data: You can ask us to stop using all or some of your personal data or to limit our use of it. Right to Access and/or Take Your Data: You can ask us for a copy of your personal data you have provided to us. Once we receive and confirm your verifiable request as discussed 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 purpose for collecting that personal information, the categories of third parties with whom we share that personal information (if any), the specific pieces of personal information we collected about you (also called a data portability request), and if we disclosed your personal information for a business purpose, a disclosure of that business purpose, identifying the personal information categories that each category of recipient obtained. Certain state’s laws may provide you the right to make additional requests concerning your personal information. If you are a resident of one of these states, and have provided us with personal information, state law may require that we provide you with certain information concerning your personally identifiable information. To request this information, send a request to sc-info@skierschoice.com and include the phrase “[Your State] Privacy Request” in the subject line. When contacting us, please indicate your name, address, email address, and what personally identifiable information you do not want us to share with third parties. Also, please note that there is no charge for controlling the sharing of your personally identifiable information or requesting this notice. To make these or any other requests with respect to your personal information, you may contact us at: Skier’s Choice, Inc., 1717 Henry G. Lane St., Maryville, Tennessee, 37801, or you may email us at sc-info@skierschoice.com or by phone [865-983-9924]. We ask that individuals making requests identify themselves and identify the information requested to be accessed, corrected or removed before we process any requests. We may decline to process requests if we cannot verify the requestor’s identity, if we believe the request will jeopardize the privacy of others, if we believe the change would violate any law or legal requirement or cause the information to be incorrect, or for a similar legitimate purpose. In any case, where we provide information access, deletion or correction, we perform this service free of charge, except if doing so would require a disproportionate effort. We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time, we will inform you of the reason and extension period in writing. We will deliver our written response by mail or electronically, at your option. 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. If we modify or delete some or all of your personal information, we will retain your personal data if reasonably necessary to comply with our legal obligations (including law enforcement requests), meet regulatory requirements, resolve disputes, maintain security, prevent fraud and abuse, enforce obligations or fulfill any other requests from you (for example, to opt-out of further messages or for a copy of your data). We will not discriminate against you for exercising any of your rights under applicable law. 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. Third-Party Sites Please keep in mind that the website may contain links to other websites or apps. You are responsible for reviewing the privacy statements and policies of those other websites you choose to link to or from the website, so that you can understand how those websites collect, use and store your information. We are not responsible for the privacy statements, policies or content of other websites or apps, including websites you link to or from the website. Websites containing co-branding (referencing our name and a third party’s name) contain content delivered by the third party and not us. Intellectual Property Rights The website and its contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Skier’s Choice, its licensors or other providers of the material and are protected by law. These Terms of Use permit you to use the website for your personal, non-commercial use only. If you wish to make any use of material offered on or through the website other than that set out in this section, please contact us at sc-info@skierschoice.com. SKIER’S CHOICE, SUPRA and MOOMBA, as well as all related names and logos and other product and service names, designs and slogans used by Skier’s Choice are trademarks of Skier’s Choice or its licensors or suppliers. You must not use these marks without the prior written permission of Skier’s Choice or their respective owners. Security and Protection We implement security safeguards designed to protect your data. These include using encryption for your data while it is being transmitted between your device or browser and our servers. However, given the nature of communications and information technology, and that the use of the internet has inherent risks, although we regularly monitor for possible vulnerabilities and attack, we cannot warrant or guarantee that information provided to us through the website or stored in our systems or otherwise will be absolutely free from unauthorized intrusion by others, nor can we warrant or guarantee that such data may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. Children We do not collect personal information from any person we actually know is under the age of 16 without the consent of the parent or legal guardian of that minor. A parent or guardian may consent to the use of the website by a minor, which parent or guardian is solely responsible for providing supervision of the minor’s use of the website and assumes full responsibility for the interpretation and use of any information or suggestions provided through the website. If you believe we might have any information from or about a child under 16, please contact us at sc-info@skierschoice.com. If we learn and have confirmation we have collected or received personal information from a child under 16 without verification of parental consent, we will delete that information. Reliance on Information Posted We may update the content on or offered through the website from time to time. Any of the material on the website may be out of date at any given time. Please contact Skier’s Choice or a local dealer for complete and accurate information concerning any particular product. Any reliance you place on information found on the website is at your own risk. We disclaim all liability and responsibility arising from any reliance placed on website materials by you or any other visitor of the website. The website includes content provided by third parties, including reviews of our products. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, are the opinions of these third party persons or entities. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties. Disclaimer of Warranties/Limitation of Liability THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, NEITHER SKIER’S CHOICE NOR ANYONE ASSOCIATED WITH SKIER’S CHOICE REPRESENTS OR WARRANTS THAT THE WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBISTE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SKIER’S CHOICE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE WITH REGARD TO THE WEBSITE. THE WEBSITE IS PROVIDED AS A CONVENIENCE TO YOU. AS A RESULT, IN NO EVENT WILL SKIER’S CHOICE OR ITS EMPLOYEES, AGENTS, OFFICERS OR OWNERS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE OR ANY CONTENT OFFERED ON OR THROUGH THE WEBSITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER UNDER A THEORY OF TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. Governing Law The website is offered in and from the State of Tennessee within the United States and your use of the website is governed by the laws of the United States and the State of Tennessee. If you are using the website from outside this state or country, please be aware that your information may be transferred to, stored, and processed in the United States and Tennessee. By using the website and providing your personal information to us, you consent to your information being transferred to our facilities and to the facilities of those third-parties with whom we share your information as described above. All matters relating to these Terms of Use or the website and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Tennessee without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the website shall be instituted exclusively in the federal or state courts sitting in Knoxville, Tennessee. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. Entire Agreement These Terms of Use constitute the sole and entire agreement between you and Skier’s Choice with respect to the website and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the website. If any provision of these Terms of Use is held to be invalid, illegal or unenforceable for any reason, the remaining provisions of these Terms of Use will continue in full force and effect. We may update these Terms of Use from time to time, for example to reflect changes in our privacy practices. The date these Terms of Use was last modified is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting these Terms of Use to check for any changes. Questions? Thank you for visiting our website! If you have any questions about these Terms of Use and Privacy Policy or our website, please feel free to contact us via mail at Skier’s Choice, Inc., 1717 Henry G. Lane St., Maryville, Tennessee, 37801, or you may email us at sc-info@skierschoice.com or by phone [865-983-9924]. SKIERS CHOICE INC. 1717 Henry G. Lane St. Maryville, TN 37801 ABOUT US DEALERSHIP OPPORTUNITIES PRIVACY POLICY COOKIES ACCESSIBILITY © 2021 Skier's Choice, Inc. All rights reserved.