Tides Marine Privacy Policy

Your privacy is important to us, so we have developed a Privacy Policy that contains important information such as who we are, how and why we collect your personal information, as well as how we use, share, transfer and store this information, including in relation to your access and use of our website and services. We ask that you read it carefully as it contains important information and explains how to contact us if you have any questions.

Also please note that by using our services, you consent to our use and processing of your personal information as described in this Privacy Policy.

Who we are.

1.1

Tides Marine Inc., a Florida Corporation located at 3251-A SW 13th Drive Deerfield Beach, FL. 33442, USA. Tel: (954) 420-0949 (we, us, our, Tides Marine or Tides) collects, uses and is responsible for certain personal information about you. When we do so in the European Union (EU), or, if you are located in the EU and we offer goods or services to, and collect data from you, we are regulated under the General Data Protection Regulation (GDPR) which applies across the EU (including in the United Kingdom (UK)). To the extent that Tides Marine is subject to the laws of the EU, it shall be the “data controller” under such laws.

1.2

As we are a Florida Corporation, we are also regulated by United States laws including the Privacy Act of 1974, and the Florida Information Protection Act, Chapter 501.171, Florida Statutes.

What personal information do we collect and use?

2.1

We collect information about you when you visit our website or in connection with our services to you. We maintain that information to help us understand and meet your needs, manage our business, and for other purposes we disclose to you here in this policy. We collect information, for example, when you register with us, or purchase products from us, or register on one of our mailing lists. We may also collect information about you when you engage with us at, trade shows and similar events (such as when we scan your attende pass at a trade show booth).

2.2

Depending on whether you use our website, or whether we colect information from you at the trade shows or similar events, we may collect the following personal information, or, for the purposes of the GDPR, when applicable, “Personal Data”:

1. (a)

Your contact details which may include your name, email address, mailing address, phone number and mobile phone number;

2. (b)

Your country of residence;

3. (c)

Your, trade show or similar event attendee details (where applicable);

4. (d)

Your financial information, such as your bank account or credit card account information, account number, credit card expiration and security code, for any purchase of products or other services; and

5. (e)

Any other personal information you provide to us in relation to the services we provide or the products that we sell to you.

Our website is hosted and maintained by a third-party provider. That provider may collect from you the following information:

1. (a)

Technical information such as your browser type, IP address, type of operating system you use, your geolocation, the name of your internet service provider, mobile advertising identifiers, and pages you visit on our website.

2. (b)

When you send us an email, we will retain the ontent of the message, your email address or any contact information yu provide, and our response, in order to handle any follow up questions yuou may have. We may use this information to assess how effectively we address your concerns.

2.3

If you install and use the products that we sell to you, we may also collect information relating to your vessel for the purposes of registration of the product for warranties and/or other services.

2.4

When you visit our website or access our services online, we may also collect and store the following details:

1. (a)

IP address from which you access our website or services;

2. (b)

The date and time you access our website or services;

3. (c)

Any third party website from which you linked to our website or accessed our Service;

4. (d)

Statistics on page views, traffic to-and-from our website and services; and

5. (e)

Other transactional information about your access to our website or services.

Information collected from other sources

We may also obtain personal information from other sources or third parties, including our affiliates (including Tides Marine International in the UK) or our distributors, resellers, or others in your organization. That personal information or Personal Data may include those we referenced above, including but not limited to, your contact details, financial account or bank account information, or the registration information for you vessel.

Minors

We do not knowingly collect personal information or Personal Data directly from children -persons under the age of 13, or another age if required by applicable law – other than when required to comply with the law or for safety and security reasons. If you are a parent or guardian of a child who has provided personal information or Personal Data without your knowledge and consent, you may request that we remove this child’s information by emailing us at the contact information provided in Section 15 below.

Use of cookies

In visiting our website or accessing our services (including the Tides Marine WebStore), we may also utilize “cookies” to enable us to monitor traffic patterns and to serve you more efficiently. A cookie does not identify you personally, but it does identify your computer. You can set your internet browser to notify you when you receive a cookie and this will provide you with an opportunity to either accept or reject it in each instance. Please see our Cookie Policy for more nformation on the types of Cookies that we use.

How do we use personal information and what reasons do we have for doing so where the GDPR applies?

6.1

We will use your personal information for the purpose of providing our products to you or your organization. We use your personal information to complete transactions, and fulfill your requests for our products.

6.2

In addition to using your personal information to provide our products to you or your organization, we may use your personal information for administrative, analytical and marketing purposes such as information systems management, accounting, billing and audits, credit card processing and verificatin, and customer-service correspondence. More specifically, we use your information as follows:

1. (a)

Business Purposes and communication: to administer our services including contacting you in relation to payments, to communicate with you for business or customer-service reasons, or for other business related reasons such as changes to our policies or responses to your inquiries;

2. (b)

Administration: Oversiight of the Tides Marine WebStore (as applicable);

3. (c)

Identitity Verification: To verify your identity, respond to your requests, and contact you when necessary;

4. (d)

Marketing and analytics: To provide you with news, information and material in relation to our products or direct marketing and promotional content of us, our partners and affiliates;

5. (e)

Site Maintenance: To monitor who is accessing our website or using our services;

6. (f)

Security Management: To profile the type of people using our website, webstore or services;

7. (g)

Site Imporvement: To improve our website, webstore or services;

8. (h)

Third-Party Requests: To respond and comply with outside requests, initiated by you as well as to respond to legal requests;

9. (i)

Audit and Controls: To evaluate our internal controls and audits for compliance (including those conducted by our external audit service providers)

10. (j)

Other: As otherwise permitted by law.

6.3

Where the GDPR applies we rely on the following lawful reasons to collect and use your personal data and on occasion more than one lawful basis set out below may apply to the processing:

1. (a)

our legitimate interests in marketing and providing our goods and services globally for both our benefit and that of our customers and contacts interested in what we provide;

2. (b)

To enter into any contract we may have with you and perform our obligations to you under any such contract;

3. (c)

To comply with our legal obligations under the GDPR, the United States federal Privacy Act of 1974 or other applicable laws, insluding state laws;

4. (d)

To protect your vital interests or that of another person (e.g. in an emergency); or

5. (e)

Where you consent to the processing where we ask you to (e.g. for certain sorts of marketing or other processing where the law either requires this or where it is our policy from time to time to seek consent for such processing).

Third party services

7.1

Some of the content, advertising and functionality on our services may be provided by third parties, including third parties that are not affiliated with us. As noted above, these third parties may collect or receive technical information about your use of our Services, including throug the use of cookies and other technologies. This information may be collected over time and combined with information collected on different websites and online services. These links to third party services are provided for your convenience only.

7.2

Third party services are not under our control. We are not responsible for third party services. We do not endorse or recommend any third party services or any associated provider organizations, or their product or services. You should make your inquiries as to the suitability of any third party service directly to that third party vendor.

7.3

Third party services may also utilize cookies. Please consul the third-party service provider’s cookie policy for more information on the service provider’s use of cookies.

7.4

You are responsible for reading the privacy policies or statements associated with the third party services.

To whom do we disclose personal information?

8.1

We may disclose your personal information to:

1. (a)

Parties to whom you authorize us to disclose your personal information::

2. (b)

Third parties which provide services to us (for example our business providers who assist us in providing our services to you and providing financial and technology services);

3. (c)

Our partners, affiliates, contractors and consultants, who assist us in the provision of services to you;

4. (d)

Government and regulatory authorities, as required or authorized by law (including to comply with any obligation we (or our service providers) may have to give notice of any eligible data breaches in in any relevant jurisdiction(s)); or

5. (e)

Other third parties as permitted by law.

8.2

We may also disclose personal information from time to time to our partners and affiliates who may be located in different countries inside or outside the EU, including, but not limited to, our partners and affiliates in the UK, the United States, Singapore, Japan and China, or (if you are not already dealing directly with them) to our parent company in Florida, Tides Marine, Inc., or any entities (wherever located) that are under common control with it.

The nature of our business means that, if you are in the EU, the Personal Data that we collect through our Service will be transferred to the United States. The Tides Marine personnel and some of the third parties to whom we disclose Personal Data may be located in the United States and other countries outside of the EU.

8.3

Please note that some countries outside the EU (including in the United States) do not have the same data protection laws as the EU. We will ensure that any transfer to such countries of your personal information, either by us or by any third party service provider to whom we may provide your information, will be subject to appropriate, relevant safeguards (such as standard legally binding contract clauses approved by the European Commission, the EU-US Privacy Shield, binding corporate rules or binding corporate processor rules) to the extent required under the GDPR, to help safeguard your privacy rights and give you remedies in the unlikely event of a misuse of your personal information. If you have any questions about the basis upon which we may transfer your personal information outside of United States please contact us using the details we provide in Section 15.

Tides Marine WebStore

9.1

This Privacy Policy applies to your access and use of the Tides Marine WebStore.

10.

ur rights under the GDPR (when applicable). This section of the Privacy Policy applies only if you use our website or Services covered by this Privacy Policy from a country that is a Member State of the European Union. This supplements the rest of the information in this Privacy Policy.

10.1

Under the GDPR (where it applies), you have a number of important rights including the right to:

1. (a)

Fair processing of information and transparency over how we use your use personal information that this Privacy Notice is already designed to address

2. (b)

Access to your personal information and to certain other supplementary information

3. (c)

Require us to correct any mistakes in your information which we hold

4. (d)

Require us to erase your personal information in certain situations

5. (e)

Receive the personal information concerning you which you have provided to us, in a structured, commonly used and machine-readable format and have the right to transmit those data to a third party in certain situations

6. (f)

object at any time to processing of personal information concerning you for direct marketing

7. (g)

Object to any decisions that we take that may affect you legally;

8. (h)

Object in certain other situations to our continued processing of your personal information;

10.2

r further information on your rights, including the circumstances in which they apply, see for example the Guidance from the UK Information Commissioner’s Office (ICO) on individuals’ rights under the General Data Protection Regulation at https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr. If you would like to exercise any of your rights, please:

1. (a)

Email, call or write to us using the contact information provided below at Section 15, and provide us with the information necessary to identify you, including, for example, your name, username, registration details or account number,

2. (b)

Provide us with proof of your identity and address, such as with a copy of your Driver’s License, passport or identification card, and a copy of a utility or credit card bill, with the account number redacted, and

3. (c)

Identify the information to which your request relates, by providing us with account or reference numbers.

11.

Can I opt-out of providing personal information?

11.1

You must provide us with your personal information to access or use our website, and to enable us to provide you with our services or to contact you for marketing or promotional purposes.

11.2

If you do not wish for us to have or process your personal information, or to use it or disclose it in any of the ways we describe in this Privacy Policy, please contact us. However, please be aware that, without your consent to our using your personal information, you may not be able to access, or use, all or part of our website or services.

11.3

If you opt out of providing us personal information, we may still use it or disclose it if

1. (a)

We subsequently notify you that we intend to use or disclose your personal information, and you do not object to our use or disclosure;

2. (b)

We believe that our use or disclosure of your information is reasonably necessary to assist a law enforcement agency or an agency responsible for government or public security in the performance of its functions;

3. (c)

To enforce our terms and conditions or to protect our rights;

4. (d)

To protect the safety of members of the public and users of our website and services; or

5. (e)

We are required by law to disclose the information.

12.

Can I opt-out of promotional and marketing content?

Yes. You may elect to opt-out of receiving direct marketing and promotional communications by contacting us by email at the contact information we provide in Section 15 below. However, some of our service providers may include a direct marketing and promotional communications feature as part of their services, which we cannot remove. Accordingly, you may not be able to access or use some of our website or services if you elect to opt-out of all direct promotional and marketing communications.

13.

Data security and storage; how long we keep your information and with whom we share your information

13.1

We have taken, and will continue to take, reasonable security measures to protect your personal information, depending on the type of information collected.. We use reasonable technical, administrative and physical measures to protect your personal information from loss, interference, misuse, unauthorized access, disclosure, alteration or destruction, both during transmission and once we receive it. When we share your personal information, we will take a reasonable approach to prevent the unauthorized use of your personal information.

13.2

You should be aware that, when using our website or our services, no method of transmitting or storing electronic information is completely secure. WE THEREFORE MAKE NO WARRANTY, EXPRESS, IMPLIED, OR OTHERWISE, THAT YOUR INFORMATION WILL NEVER BE ACCESSED, USED OR RELEASED IN A MANNER THAT IS INCONSISTENT WITH THIS PRIVACY POLICY. IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY’S UNAUTHORIZED ACCESS TO YOUR INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER WE ARE GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE, EXCEPT AS PROVIDED UNDER APPLICABLE LAWS.

13.3

We only keep your information as long as required to continue to provide you with the Services that you request, for the purposes outlined in this Privacy Policy, and for any legal purposes for which we are obligated to keep the information. We typically retain data for a period of up to six (6) years, or longer if the legal limitations period is longer. We will hold your personal information until such time as we no longer need it for any of the purposes that we have identified here, or under applicable privacy or data protection laws or (if earlier, and subject to the next paragraph) a reasonable time after you ask us to delete it.

13.4

We will destroy, delete or de-identify your personal information without undue delay, assuming that the data are no longer necessary in relation to the purposes for which we collected or otherwise processed it, or there are no legal grounds for us to process or retain the data, or unless we are required to retain it by any applicable laws.

13.5

We do not share your information with third parties, except as provided in this Privacy Policy. We may disclose your information to companies affiliated with us, such as Tides Marine, Inc., or one or more of the entities under common control with it. We currently process accounting data in Pennsylvania. Data may be stored in the United Kingdom, Spain, the United States or any other location contemplated in this Privacy Policy.

14.

How can you access and correct or ask us to delete or cease processing your personal information?

This Privacy Policy is not a contract. We will seek to obtain your additional consent where required by applicable law.

14.1

We encourage you to update us regularly with your personal information to ensure that we hold information about you that is up-to-date, accurate and complete. You may make a request for access to or correction of any personal information that we hold about you. We may request you to verify your identity before processing your request.

14.2

There is no fee for you to request access, request to update, or request to delete your personal information. We may charge a small fee for returning any data to you, which will cover our costs in collating, copying and providing certain information to you. We will only charge this fee where it is lawful for us to do so.

14.3

In some circumstances where we correct a record, we may still require retention of the original record.

14.4

In some circumstances, we may decline your request that we provide you with access to, or correct your personal information including, but not limited to, where:

1. (a)

Giving access would have an unreasonable impact on the privacy of others;

2. (b)

The information relates to existing or anticipated legal proceedings, and the information would not be discoverable in those proceedings;

3. (c)

Giving access would be unlawful under any applicable laws of the EU, the United States, or any other jurisdiction(s);

4. (d)

Denying access is otherwise required or authorized by law; or

14.5

If we must decline your request that we provide you with access to or correct your personal information, we will provide you with an explanation in writing.

14.6

Please note that if the GDPR applies to you, you will have additional rights (See section 9). Where your GDPR rights are different from what is stated here, our obligations under the GDPR will control over those provided in this Section 13.

15.

How to contact us with questions, or for deletion, removal or return of your data

15.1

If you have any questions about this Privacy Policy, wish to access or correct or make an inquiry regarding, or request that we delete or cease processing, any personal information relating to you that may be in our possession, or if you have a complaint relating to a breach of applicable privacy or data protection laws, or would like to request a printed copy of this Privacy Policy, please contact our Global Privacy Manager at:

1. (a)

Postal address: 3251-A SW 13th Drive Deerfield Beach, FL. 33442; or

2. (b)

Email: [email protected]

15.2

Please make any complaints in writing to us. We will respond to your complaint in writing and in accordance with any timeframes required by law. We may require you to provide further information about your complaint to duly assess your complaint. Please note that where it applies, the GDPR also gives you right to lodge a complaint with a supervisory authority, in particular in the EU (or European Economic Area) state where you work, normally live or where any alleged infringement of data protection laws occurred.

15.3

When we receive a request for you to exercise your rights under the GDPR, if applicable, we will provide you with information on the action that we intend to take on the request in accordance with applicable law. We will respond to your request as soon as possible, and no later than 30 days from our receipt of your request. In certain circumstances, this time may be extended by an additional two months under the GDPR, for example, if your request is particularly complex.

16.

Definitions

16.1

In this Privacy Policy, unless the context otherwise requires:

1. (a)

Tides Marine WebStore means our online shopping cart’ located at https://www.tidesmarine.com/ws

2. (b)

3. (c)

“Services” means any of our services or products including, but not limited to, use of our website or registration with, or accessing or downloading content from, any of our online or product-related services such as for software updates, marketing or new product or service-related communications;

4. (d)

“Website” means the websites at https://www.tidesmarine.com;

5. (e)

“Terms and Conditions” means the terms and conditions applicable to our services and available at our website;

6. (f)

“Third Party Services” means internet sites maintained by third party providers;

7. (g)

”You,” or “your” means any person, business, company or organization accessing or using the website or the services through the website.

17.

Changes to this Privacy Policy

17.1

We reserve the right to change, modify or update this Privacy Policy at any time, by notice to you or publication on our website or through our services (as applicable). You will be bound by the changes immediately upon notification or publication, unless otherwise set out in this Privacy Policy or the notice. Any changes to this Privacy Policy shall not be indicative of or interpreted as admissions of liability to you or any user of our services.

17.2

This Privacy Policy was last updated on 2nd July 2018.

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Tides Marine Privacy Policy

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