Simrad BoatConnect Application
Effective Date: April 1, 2019
2. Types of Information Collected by Simrad. In providing BoatConnect to you, we may collect and retain an electronic or other record of certain information including: your Vessel’s description, location, speed, direction of travel, time of travel, service data, mechanical condition or incidents involving your Vessel, your search content, and information relating to an identified or identifiable natural person using the Application, which may include name, address, telephone number, and email address (collectively, “Personal Information”). You agree that we may record or monitor your Vessel’s location or other information both when you or other occupants are in your Vessel or not in your Vessel. You acknowledge that your Vessel may be equipped with one or more sensing or diagnostic modules capable of automatically retrieving, recording, transmitting, or storing certain vessel data, which form an integral part of the services offered through the Application. By downloading, installing, using, and providing information to or through the Application and the System, you consent to all actions taken by us with respect to your information in compliance with this Policy.
3. Purposes and Lawful Basis.
a. Account Data. (i) When you register for and/or purchase a BoatConnect subscription and related hardware, we process authentication credentials, including your name, email address, password, country of residence, and device information, in order to activate your subscription and to grant you access to the Application you purchased. The lawful basis for processing this information is for performance of a contract as well as Simrad’s legitimate interest in protecting the security of your account and subscription.
(ii) When you create a BoatConnect account, we ask you to provide your email address and name. We process this information in order to allow you to sign in to your BoatConnect account and access the Application. The lawful basis for processing this information is Simrad’s legitimate interest in protecting the security of your account.
b. Location Data. When you use BoatConnect, we process your location data, including GPS coordinates, sonar logs, and vessel tracking history. We do so in order to provide you with the BoatConnect services, which allow you to monitor your Vessel’s status, make detailed trip records, and to share your location if you so choose. The lawful basis for processing this information is for performance of a contract.
c. Vessel Data. When you install and/or use the Application and related hardware, we process your vessel data, including manufacturer, model number, engine data, vessel speed, distance travelled, alarm notices, battery voltage, bilge levels, and other diagnostic data, to allow you to monitor the status of your Vessel. The lawful basis for processing this information is for performance of a contract.
d. Communications with Simrad. When you communicate with Simrad customer support via email, phone, online or in person, we may collect personal data, such as your name, mailing address, phone number, email address and contact preferences; and other information about the Simrad products you own. We also may create event logs that are useful in diagnosing product or app performance-related issues, and capture information relating to the support or service issue. We use this information to provide you with customer and product support and to monitor the quality and types of customer and product support we provide to our customers. The legal ground for processing this information for these purposes is Simrad’s legitimate interests in providing quality product support.
4. Sharing of Your Information with Third Parties. Except as expressly provided in this Policy, we will not share, rent, sell or otherwise disclose your Personal Information to unrelated or unaffiliated third parties without your consent.
a. Service Providers. We may employ other companies or individuals and their affiliates, contractors, suppliers, agents and employees (“Service Providers”) to provide certain services to us or on our behalf, such as operating and supporting the Application, analysing data, or performing marketing or consulting services. These Service Providers will only have access to the information needed to perform these limited functions on our behalf and are required to handle your Personal Information with at least the same level of protection and security as we use on the Application. Such Service Providers are prohibited from using your Personal Information for any purpose other than the purpose for which the applicable Service Provider was engaged by us. Any Service Providers that we permit to use data received from us may only do so in accordance with this Policy. We may also share aggregated information with our Service Providers, such as the number of users who used a certain feature of the Service, however, this aggregated information will not identify you personally.
b. Law Enforcement and Protection of Users. To the extent permitted or required by law, we will disclose Personal Information to government authorities or third parties pursuant to a legal request, subpoena or other legal process. We may also use or disclose your information as permitted by law to perform charge verifications, report or collect debts owed, fight fraud or protect our rights or property as well as those of our affiliates or customers. You should be aware that, following disclosure to any third party, your Personal Information may be accessible by others to the extent permitted or required by applicable law.
c. Affiliates. We may share some or all of your information with our parent company, subsidiaries and corporate affiliates, joint ventures, or other companies under common control with us. We will require these entities to comply with the terms of this Policy with regard to their use of your information.
5. Monitor and Tracking. We or our Service Providers may monitor and track data transmitted from your System and the Application to Simrad, as well as any data transmitted between our and their service centers and you or others contacting the service centers (telephonically, electronically, or otherwise) to discuss your account outside of the Vessel. The legal ground for processing this information for these purposes is Simrad’s legitimate interests in providing quality product support and/or the performance of a contract.
YOU CONSENT, ON BEHALF OF YOURSELF, ALL OTHER OPERATORS AND/OR OCCUPANTS OF YOUR VESSEL, AND ANYONE ENGAGED IN A CONVERSATION WITH A SERVICE PROVIDER (TELEPHONICALLY, ELECTRONICALLY, OR OTHERWISE) ABOUT YOUR VESSEL OR YOUR ACCOUNT, TO THE MONITORING AND RECORDING OF ALL TRANSMISSIONS BETWEEN THE SERVICE CENTERS AND SUCH PERSONS, AND YOU RELEASE US AND ANY THIRD PARTY FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES AND LOSSES THAT MAY RESULT FROM ANY SUCH MONITORED AND/OR RECORDED TRANSMISSIONS.
6. Additional Privacy Protections for Children Using the Internet. BoatConnect is intended for a general audience and is not directed to children under the age of 18 or persons who are below the age of majority in any country. We will never knowingly collect Personal Information from children under the age of 18 or persons who are below the age of majority without verifiable parental consent. If you are under the age of 18 or are below the age of majority in your country, please do not provide us with Personal Information of any kind whatsoever. If we become aware that a user is under the age of 18 or is a minor in his or her country and has submitted Personal Information without verifiable parental consent, we will remove his or her Personal Information from our files. We understand that children may not fully understand all of the provisions of this Policy or make informed decisions about the choices that are made available to adult users of the Service. We encourage parents and guardians to spend time with their children online and to be familiar with the websites they visit.
7. Security. We will take commercially reasonable steps to ensure your Personal Information is treated securely and in accordance with this Policy. We use appropriate security measures to protect against the loss, unauthorized access or disclosure, misuse or alteration of your Personal Information. No computer system is fully secure, however, and there are inherent risks associated with electronic data processing and online transactions. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security. Consequently, we shall not be liable for unauthorized disclosure of Personal Information due to no fault of our own including, but not limited to, system errors, errors in transmission and unauthorized acts of our employees or third parties.
8. Use of Information Outside of Your Country of Residence. When you register for and/or use the Application, your Personal Information may be collected, transferred, stored, processed, or otherwise used outside of your country of residence, including, for residents of European countries, outside the European Economic Area (“EEA”). You acknowledge that your Personal Information and other information may be subject to privacy and data protection laws that may not be the same as such laws and regulations in your country of residence. However, we will take reasonable steps to ensure that your Personal Information is adequately protected. Transfers of Personal Information from Navico companies in the EEA will be done pursuant to European Commission approved Model Contract Clauses.
9. Lost or Stolen Information. If your username, password, or other Personal Information is lost or stolen, you should promptly notify us by contacting email@example.com. Prompt notification of lost or stolen information will enable us to cancel the lost or stolen information and update your account with your new, secured information.
12. Contact Us. If you have any questions or concerns about this Policy, the Application, or your account, please contact us at firstname.lastname@example.org.