KAYAKS FISHING ECLIPSE SHOP PRIVACY NOTICE HOBIE’S COMMITMENT TO YOUR PRIVACY At Hobie Cat Company (“Hobie”), we believe your trust in us rests in the ways we handle your personal data. We want you to know how we collect, use, and share your personal data. Whether you visit our websites, place an order with us, call us with questions, or participate in our communities and events, we do our best each day to safeguard the information we have about you. WHAT YOU WILL FIND IN THIS PRIVACY NOTICE Our goal is to be clear and honest about our data management practices. Here’s a summary of what you’ll find: When and Why We Collect Your Personal Data Personal Data We Collect When and Why We Use Your Personal Data When and Why We Share Your Personal Data How We Retain and Safeguard Your Personal Data Your Choices and Rights WHAT THIS PRIVACY NOTICE COVERS This Privacy Notice applies to our businesses in the United States, Australia and France, and to our websites. Hobie enjoys a worldwide community, and we may transfer data from other countries to our servers in the United States. This Privacy Notice describes the ways we comply with data privacy laws, especially those laws in the United States, Australia, and the European Union. WHEN AND WHY WE COLLECT YOUR PERSONAL DATA Hobie may collect personal data about you to provide you with goods and services. We collect only the personal data that you freely provide to us. We often ask for your consent before we use the data we collect. When we collect your personal data, we limit our request to only the information needed to serve you. When and Why We Collect Your Personal Data When we collect your personal data Personal data you provide to us Data we collect automatically Visit our websites Register for our online forum Register a Hobie product Order our catalogues or brochures Request dealer information Find authorized dealer locations Meet us at an event or trade show Enter our sweepstakes or contests Watch Hobie Outdoor Adventures Order products Subscribe to our email updates Use our social media pages Apply for employment with us Contact us by email or phone Visit our facilities PERSONAL DATA WE COLLECT In most cases, we collect your personal data when you provide it to us. When you visit our websites, some of the data we collect happens automatically. When and What Personal Data We Collect When we collect your personal data Personal data you provide to us Data we collect automatically Data about you collected from others Visit our website IP address, browser type and version, referrer URL, time zone, device ID, browser plug-in types, geolocation data, operating system and version; cookie data Register for our online forum email, password, desired language, time zone, content you provide same as above Register a Hobie product name, address, phone, email same as above Order our catalogues or brochures name, address, phone, email same as above Request dealer information name, address, phone, email same as above Find authorized dealer locations city, state, zip code same as above Meet us at an event or trade show name, address, phone, email same as above attendee data and demographics Enter our sweepstakes or contests name, address, phone, email same as above Watch Hobie Outdoor Adventures same as above social media engagement data Order products name, address, phone, email, payment card information same as above shipping details Subscribe to our email updates email web beacon data (opens, clicks) Use our social media pages user handle, content you provide social media engagement data Contact us by email or phone email, phone, content you provide voice mail recordings Visit our facilities visitor log recorded CCTV Apply for employment with us contact details, résumé/CV, cover letter, supporting documents background screening data, employment authorization USE OF COOKIES Our websites also use “cookies” to make your virtual visit more convenient and enjoyable. A cookie is a small file stored in your browser that lets our websites know if you’ve visited us before. These same cookies help us track the performance of our websites and keep parts of the websites working as we expect. If you do not wish to receive cookies you may be able to refuse them by not agreeing to the use of them upon entering the website. If you do so, we may be unable to offer you some of our functionalities, services, or support. If you have previously visited our websites, you may also have to delete any existing cookies from your browser. At times, we may collect personal data about you from others, such as background screening firms and government agencies (for employment purposes). We also use cookies from other companies, like Google Analytics™ service, that provide us with visitor statistics and help us manage special functions on the website. If you want to know more about how Google’s cookies work, you can review their policies here. WHEN AND WHY WE USE YOUR PERSONAL DATA Hobie uses your personal data to run our business and provide you with the products and services you request. We strive to handle your personal data fairly and ethically. We use your personal data to serve our legitimate business needs. We avoid using your personal data in ways that you don’t expect. If we say that Hobie uses your personal data for one purpose, we will not use it for another purpose. If we need to use it for another purpose, we will ask for your consent. USING PERSONAL DATA FROM OTHER SOURCES We may combine your personal data with data from other sources. We do this to add value to our products and services. Some examples of personal data that we obtain from other sources include: Updated delivery and address information from carriers or third parties; Account information, purchase or redemption information and page-view information from merchants with which we operate co-branded businesses or for which we provide technical, fulfillment, advertising, or other services; Search term and search result information from searches conducted through our search features; Search results and links, including paid listings (such as “Sponsored Links” from Google); and Credit history information from credit bureaus, which we use to help prevent and detect fraud and to offer certain credit or financial services to customers. WHEN AND WHY WE SHARE YOUR PERSONAL DATA Hobie has not and will not sell or lease your personal data to third parties. We may share your personal data with third parties to help us provide products and services to you. These third parties include the following: Authorized dealers Software support Customer relationship management (CRM) platform Payment and fulfillment partners Website hosting and development services Business resilience and disaster recovery services User authentication tools and services Auditing platforms and accounting services Legal services Management consulting services Mailing services E-mail and direct marketing tools and services Recruitment tools, background checks, and other pre-employment related services Other Sharing Situations There may be other situations when we need to share your personal data with others. Other sharing situations: When you give Hobie consent to do so, for example, when we notify you that we may share your personal data in some way, and you voluntarily provide us that personal data; When we believe it is authorized and/or legally required to do so, or that doing so is necessary and appropriate to comply with the law or legal processes or respond to lawful requests or legal authorities, including subpoenas, warrants, court orders or other legal requests; In connection with any merger, transfer or sale of company assets, financing, acquisition, or similar transaction or circumstance; To enforce or apply this Privacy Notice, our Terms of Use, or other policies or agreements; or To protect and defend the rights and property of Hobie and the safety of our customers, partners, stakeholders and the public. Protection of Personal Data Shared with Third Parties When Hobie shares your personal data with other firms, we make clear the ways these third parties can and cannot use your personal data. We ask these third parties to protect your personal data in the same way we do. We use contracts to make sure that third parties follow relevant privacy laws. In these contracts, we restrict third parties from sharing personal data with their subcontractors without our written permission. Lastly, we take steps to only share the minimum personal data to meet a specific business need. We may also share aggregate information about our users with strategic partners. In these circumstances, we do not share personal data that can uniquely identify you. YOUR CHOICES You have choices regarding the ways we share your personal data with third parties. Sometimes, you can opt-out by using the method given by our third-party service providers, like clicking the "unsubscribe" link in the email message. If you want to opt out of our sharing of your personal data, please contact us using the information in the How to Contact Us section below. Please know that for us to manage this website, provide you with products and services, and operate our business, we must continue to share your personal data with certain third parties – even after you opt out of sharing. RETAINING YOUR PERSONAL DATA Hobie retains your personal data for at least as long as you do business with us. We may also retain your personal data to comply with our legal obligations, resolve disputes, and enforce our agreements. To determine the retention period for the personal data we hold, we consider: The amount, nature, and sensitivity of the personal data; The risk of harm from unauthorized use or disclosure of your personal data; The reasons why we handle your personal data; and Whether we can achieve those purposes through other means and applicable legal requirements. DATA SECURITY We constantly strive to align our data security practices with industry standards for processing your personal data. To prevent unauthorized access, maintain data accuracy and the proper use of information, Hobie implements administrative, physical and technical measures to safeguard and secure the information we collect and use for our business operations. Despite our best efforts, no data transmission over the Internet can be guaranteed to be 100% secure. For your own privacy protection, please do not send payment card information or any other sensitive information to us by unsecured e-mail. If you create an online account, you are responsible for maintaining the security of your username and password. CHILDREN UNDER THIRTEEN YEARS OLD Hobie does not knowingly collect, use, or share personal data from children under thirteen (13) years old. If we learn that we have collected the personal data of a child under thirteen (13) years old, we will take steps to delete the information as soon as possible. YOUR RIGHTS UNDER THE LAW Special Notice for Individuals in The European Union Under the General Data Protection Regulation (GDPR), Hobie is a “data controller” which, alone or jointly with others, determines the purpose and means of the processing of personal data belonging to natural persons in the European Union (EU)/European Economic Area (EEA). In this capacity, Hobie, and by extension our “data processors” (i.e., third party service providers), must abide by the data protection principles defined in the GDPR. Legal Basis for Processing Your Personal Data data only when we have a legal basis to do so. Depending on the reason for our processing, there are three ways Hobie may lawfully process your personal data. Consent We may ask for your consent before we process your personal data. You can always change your mind. If you have previously given consent to our processing of your personal data, you can freely withdraw your consent at any time. You can do this by contacting Hobie using the How to Contact Us section below. Please note that if you withdraw your consent, and we do not have another legal basis for processing your information, then we will stop processing your personal data. If we have another legal basis for processing your information, then we may continue to do so subject to your legal rights. Contracts We may have contracts with third party service providers to ensure that they agree to have controls in place to protect your personal data before they can process it on Hobie’s behalf. Legitimate Interests We may process your personal data for our “legitimate interests.” This legal requirement means that Hobie’s business interests may not outweigh your privacy rights. In practical terms, our “legitimate interests” for processing your personal data are: Process orders and related business transactions; Personalize users’ experiences on our website; Send you newsworthy updates and related material; Send you invitations to events; Manage event registrations; Answer questions and concerns you submit to us; Run our business operations; and Comply with our legal and contractual obligations. Other Ways We May Use Your Personal Data Other Ways We May Use Your Personal Data Purpose Description Legal basis Marketing communications Periodic marketing communications based on your preferences Consent Geotargeting Added convenience for users looking for Hobie’s authorized dealers Legitimate interests Sweepstakes and contests Contact you if you are a winner of a sweepstakes or contest and award you your Consent Employment and human resources Process your employment application, background screening, payroll and benefits Consent Website analytics Semi-anonymous personal data used to assess website performance Legitimate interests Augmented information from others Data from other sources and companies, combined with your personal data to add value to our products and services Legitimate interests Data Transfers from EU to US and Elsewhere If you are in the EU/EEA, please be aware that we operate in the United States. As such, we may transfer your personal data from the EU/EEA to the US to provide you with products and services, or otherwise communicate with you. Hobie takes measures to adequately safeguard your personal data when transferred, processed, and stored in the United States or elsewhere. In doing so, we aim to comply with applicable EU data privacy laws and regulations. When Hobie transfers personal data from the EU to countries or international organizations that are based outside the EU/EEA, the transfer takes place on the basis of legally permitted grounds, such as with your informed consent prior to the transfer, or standard contractual clauses (i.e., pre-defined data protection clauses added to contracts) with parties whom we transfer such personal data. Rights for Those in the EU/EEA If you are in the EU/EEA, you have certain data privacy rights under the GDPR. We outline these rights in the sections below. Please note that we may only grant your request to exercise your rights after we verify your identity. We may deny a request to exercise these rights to any person other than the individual who is the subject of such personal data. Transparency You have the right to receive a notice that describes the ways we collect, use, and share your personal data. Hobie honors this right by publishing this Privacy Notice on our website and providing a paper copy upon request. Access You have the right to access your personal data held by Hobie by contacting us using the information in the How to Contact Us section below. Correction, Amendment and Deletion You have the right to correct or amend your personal data held by Hobie. You also have a right to request that Hobie delete certain personal data about you. When we receive such a request, Hobie will decide whether to delete certain personal data based upon our obligations and rights under GDPR Article 17(3). Restriction You have the right to restrict processing of your personal data held by Hobie if you contest the accuracy or the lawfulness of our processing of such data. Portability You have the right to receive a copy of your personal data held by Hobie in a structured, commonly used and machine-readable format. You also have the right to transmit your personal data to another organization, if technically feasible. Objection You have the right to object, on grounds relating to your situation, to Hobie's processing of your personal data. You also have the right to object to any automated decision-making (such as user profiling) used by Hobie. Complaints You have the right to lodge a complaint or concern about our data privacy practices with Hobie directly and/or with an appropriate supervisory authority, as defined by GDPR and related laws. Rights for California Residents California Civil Code Section §1798.83 permits users of our website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. If you wish to exercise your rights under California law, as described above, please submit your request to Hobie by using the information in the How to Contact Us section below. Rights for Australian Citizens If you are an Australian citizen, please note that Hobie may be subject to the Australian Privacy Principles (APPs) defined in the Australian Privacy Act of 1988 ("Australian Privacy Act"). The following are specific points you should know: We require our subcontractors to undertake a similar obligation. We will not use or disclose your personal information for our direct marketing purposes unless: You have consented (opted-in) to receive direct marketing; You would reasonably expect us to use your personal information for marketing; or We believe you may be interested in the marketing material, but it is impractical for us to obtain your consent. You may opt-out of any marketing materials we send you through an unsubscribe mechanism or by contacting us using the information in the How to Contact Us section below. If you have requested not to receive further direct marketing messages, we may continue to provide you with messages that are not regarded as "direct marketing" under the Australian Privacy Act, including changes to our terms and other information related to your account. Our website servers are located outside of Australia. In addition, we or our third party service providers may use “cloud” technology to store or process personal information, which may result in storage of data outside Australia. It is not practicable for us to specify in advance which country will have jurisdiction over this type of offshore activity. Our third party service providers, however, are required to comply with the Australian Privacy Act in relation to the transfer or storage of personal information overseas. If you believe the personal information that we hold about you is inaccurate, out of date, incomplete, irrelevant, or misleading, please contact us using the information in the How to Contact Us section below. We will take reasonable steps, consistent with our obligations under the Australian Privacy Act, to correct that information upon your request. HOW TO EXERCISE YOUR RIGHTS UNDER RELEVANT DATA PROTECTION LAWS If you want to exercise any of your rights, as described above, please send your request to Hobie by using the information in the How to Contact Us section below. How to Lodge a Complaint Under GDPR If you are in the EU and wish to lodge a complaint about our data privacy practices with a regulatory authority in your country, you can find details at this link: https://ec.europa.eu/info/law/law-topic/data-protection/reform/rights-citizens_en. How to Lodge a Complaint Under the Australian Privacy Act If you are an Australian resident and have a complaint about a privacy matter, please contact us by using the information in the How to Contact Us section below. If your complaint is not resolved to your satisfaction, you can contact the Office of the Australian Information Commissioner (OAIC) at this link: . Our Obligation to Honor Your Rights Under Relevant Data Protection Laws Hobie will respond to your request within thirty (30) calendar days of receipt. If we find that we cannot reasonably address your request within 30 calendar days, we will inform you of the delay and communicate our reasons for delaying action on your request. HOW TO CONTACT US If you wish to contact us regarding a data privacy matter, please mail, call, or email us at: Postal Address Hobie Company, Inc. c/o Privacy Office 4925 Oceanside Blvd Oceanside, CA 92056 Phone Number 760-758-9100 x 971 E-Mail privacy@hobie.com UPDATES TO THIS PRIVACY NOTICE Hobie reviewed and updated this Privacy Notice on July 1, 2020. We may change, modify, add, or remove portions of this Privacy Notice at any time. If we do, we will let our visitors know by posting an alert on the website. Thank you for reading this Privacy Notice! Be first in line to hear about the latest Hobie news, updates and products. 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