Last Updated [April 1, 2024]
Bennett Marine (“Bennett”) values your personal information and respects your privacy. The purpose of this Notice is to keep you informed of: (1) personal information we may collect from or about you ; (2) how we may use and share that information ; (3) the choices and resources you have with respect to the forgoing ; (4) our collection, use and sharing of other non-personal information; and (5) additional information about the Bennett Website & Bennett’s privacy practices. Our primary purpose in the collection and use of this information is to further our efforts to interact and build relationships with you, our potential or existing customers, in order to provide a diverse array of innovative and reliable products.
This Notice applies to the Bennett website located at https://BennettTrimTabs.com and other related websites owned and operated by Bennett that may link to this Notice (the “Bennett Website” or “Website”). This policy also applies to information we collect, protect, share and use as part of other technology platforms, web pages, interactive features, special events, forms, social media, and mobile applications. The Website and this Notice are intended for U.S. residents only. If you are a resident of another country, please use the following link to find the appropriate Bennett 3rd party distribution center that corresponds to your geographic region. https://global.yamaha-motor.com/link/index.html . By using the Website, or providing us with any information, you consent to the collection, processing, maintenance and transfer of such information in and to the United States and other applicable territories in which the privacy laws may not be as comprehensive as or equivalent to those in the country where you reside or are a citizen.
Passive Information. When you visit the Bennett Website, we may collect passive information about your visit. Passive information is any form of aggregate data, navigational data, tracking data, click-stream data, or historical data, which does not on its own personally identify you. Passive Information includes information collected through cookies and web beacons (see 4 below)
Personal Information. When you register a product, purchase products through our ecommerce programs via the Website, send us an email, subscribe to one of our newsletters, or submit other data through the Bennett Website, we may obtain and collect personal information. Personal information is information collected that personally identifies you, such as by name, email address, mailing address, phone number. This personal information may be combined with Passive Information or additional information we receive from third parties, as well.
Sharing. Personal information may be shared by Bennett on an international basis with its parent entity, subsidiaries and affiliates, and such information may be further shared between internal product groups in order to enhance the Bennett customer experience and offer additional products and/or services that may be of interest to you. We may also share your personal information with third parties either at your express direction, such as when you request that we have a dealer contact you or you authorize sharing of your personal information with a third party business partner. Bennett is not responsible for the handling of such information by these third parties who are responsible for their own privacy policies that would govern such collection, use and handling of this information. Bennett may also appoint third party agents in connection with its marketing and survey efforts, subject to a confidentiality agreement concerning the information. In any case, Bennett will not, without your consent, disclose any such personal information for use in connection with an unrelated third party’s marketing efforts.
Use. Bennett does not send unsolicited bulk emails or marketing-related communications to anyone who has requested that we not contact them. We send promotional information and communications only to those who have taken affirmative steps to subscribe to these communications or our existing registered customers, who have not unsubscribed or opted out of such communications. You may “opt-out” of our promotional use of your personal information (see 3 below).
If you have opted out of our promotional use of such personal information (see 3 below), Bennett will not use or disclose such information except as follows:
Response Opt-Out. In response to any Bennett promotional or marketing communication, such as a newsletter or other circulation, if you wish to no longer receive such communications, please follow the “unsubscribe” instructions contained in such communication. The entity or business group sending such communication will mark your personal information with this request to cease further marketing communications. However, you may receive future communications from other entities or business groups within Bennett that have received your personal information, unless you have already unsubscribed from such communications from those other entities or business groups or you have communicated a request to opt-out of such communications from all Bennett business groups.
Opt-Out, Amend or Delete Contact. If you wish to opt-out of our use and disclosure of your personal information for marketing and survey purposes (other than through use of the unsubscribe/opt-out provided in a marketing communication you may have received), or if you wish to amend or delete certain information that you have previously provided, please email your request to https://yamaha-motor.com/data-privacy-request-form. With respect to amendment or deletion of certain information, we will endeavor to provide a simple way to review, correct, update or remove personal information, as applicable. In some limited circumstances, such as to resolve disputes, comply with retention obligations, troubleshoot problems and enforce our Terms and Conditions, we may retain in our files information you have requested us to remove, but such information is not actively used.
Terms of Use. By using this Website you accept the general Terms and Conditions for using the Website, which are published either in proximate location to the link for this Notice or if not, then the Terms as provided in the following link shall apply https://bennetttrimtabs.com/terms-and-conditions/, which incorporate the terms of this Notice by reference. If you do not agree to any of these Terms, you should not use the Website.
Information Communicated via Social Media & Other Similar Third Party Platforms. Any information disclosed via third party communication platforms are outside of the Bennett Website and subject to the privacy policies of those applicable third parties. Exercise caution before disclosing your personal information via these public venues (whether through public post or via direct messages) all of which you do at your own risk. If you do so, you may receive unsolicited emails or “spam.” Bennett cannot safeguard the privacy of personal information that is disclosed and can be viewed or accessed online in this manner. Personal information you provide to Bennett via third party communication platforms may be combined with any of your personal information Bennett may already have subject to this Notice.
Links & Third Party Sites. The Website may contain links to third party websites that are not owned or controlled by Bennett. For instance, if you apply for Yamaha Factory Financing or establish a Yamaha Card Account, you may access the independent website of Yamaha Motor Finance Corporation, U.S.A. or another third party. Bennett has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party website, which may collect both passive and personally identifiable information. In addition, Bennett will not and cannot censor or edit the content of any third party site. By using the Website, your expressly relieve Bennett from any and all liability arising from your use of any third party website. Accordingly, we encourage you to be aware when you leave the Bennett Website, and to read the terms and conditions and privacy policy of each other website that you visit.
Security. We take safeguarding your data seriously. We seek to use reasonable information security measures to help protect your personal information. Unfortunately, even though we take measures to protect your personal information, no data transmission or storage system can be guaranteed to be 100% secure. As a result, we cannot ensure or warrant the security of any information you transmit, and you do at your own risk.
Children’s Online Privacy Protection. The Bennett Website complies with the Children’s Online Privacy Protection Act of 1998 (COPPA). COPPA and its accompanying FTC regulation protects the privacy of children using the Internet. Bennett does not knowingly collect contact or personally identifiable information from children under 13. The Bennett Website is not intended to solicit information of any kind from children under 13, and is designed to block our knowing acceptance of any such information, wherever age related information is requested. It is possible that by fraud or deception we may receive information pertaining to children under 13. If we are notified of this, as soon as we verify the information, we will immediately obtain parental consent or otherwise delete the information from our servers. If you want to notify us of our receipt of information by children under 13, please do so by emailing us at privacy@yamaha-motor.com.
This Privacy Statement Notice for California Residents supplements the information contained in the Bennett Privacy Statement and applies solely to consumers who reside in the State of California (“consumers” or “you”). We adopt this notice to comply with the California Consumer Privacy Act of 2018 as amended by the California Privacy Rights Act of 2020 (“CCPA”) and other California privacy laws. Any terms defined in the CCPA have the same meaning when used in this section.
Categories of Personal Information We Collect. We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household (“personal information”). In particular, we have collected the following categories of personal information from consumers within the last twelve (12) months:
Category | Examples | Categories of Third Parties to Whom Personal Information is Disclosed |
---|---|---|
Identifiers. | A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, or other similar identifiers. | • Parent entity, subsidiaries and affiliates. • Authorized dealers. • Service providers and contractors • Third parties to whom you or your agents authorize us to disclose your personal information in connection with products or services we provide to you. |
Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)). | A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit, debit card number, or any other financial information, medical information, or health insurance information. | |
Protected classification characteristics under California or federal law. | Age (40 years or older), race, color, ancestry, national origin, citizenship, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), veteran or military status. | • Parent entity, subsidiaries and affiliates. • Service providers and contractors. |
Commercial information. | Records of personal property, products or services purchased, or considered, or other purchasing histories or tendencies. | • Authorized dealers. • Service providers and contractors. |
Biometric information. | Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, or other physical patterns, and sleep, health, or exercise data. | • Service providers and contractors. |
Internet or other similar network activity. | Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement. | • Parent entity, subsidiaries and affiliates. • Service providers and contractors. |
Geolocation data. | Physical location or movements. | • Service providers and contractors. |
Sensory data. | Audio, electronic, visual, thermal, olfactory, or similar information. | • Service providers and contractors. |
Professional or employment-related information. | Current or past job history or performance evaluations. | • Parent entity, subsidiaries and affiliates. • Service providers and contractors. |
Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)). | Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records. | • Service providers and contractors. |
Inferences drawn from other personal information. | Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. | • Service providers and contractors. |
*“Service providers and contractors” include but not limited to: analytics companies, third-party advertisers, payment processors, and cloud service providers. |
Sources of Personal Information. We collect personal information from various sources:
Personal Information does not include:
Purposes of Processing Personal Information. We may use or disclose the personal information we collect for one or more of the following business purposes:
We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without obtaining your consent.
Disclosure and Sale or Sharing of Personal Information. In the preceding twelve (12) months, we have disclosed the categories of personal information to the categories of the third parties as listed in the chart above for our business purposes. When we disclose (including sell or share if applicable) personal information for our business purposes, we enter a contract that describes, among other statutory required conditions, the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.
In the preceding twelve (12) months, we did not disclose your personal information for monetary consideration or for cross-context behavioral advertisement to third parties unless we specifically obtained your consent. If our disclosure is construed as “sale” or “share” under the CCPA, we might have sold or shared the categories of personal information to the categories of the third parties as listed in the chart above for our business purposes.
Sensitive Personal Information. Although personal information we collect might include “sensitive personal information” (e.g. Social Security number, precise geolocation, citizenship), we process such sensitive personal information solely for the purposes permitted by the CCPA and other relevant laws and regulations unless we specifically obtain your consent.
Human Resource (HR) Data Processing. Taking the unique employer-employee relationship into consideration, we provide a separate privacy notice/notice at collection that notifies our HR data processing for (i) the existing Yamaha employees, and (ii) the job candidates or applicants, respectively. This Statement still applies to the matters to which said HR data specific privacy statement does not cover.
Business Related (B2B) Data Processing. This Statement applies to B2B data processing other than those items specified as follows:
Consumer Rights under the CCPA. The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.
Access to Specific Information and Data Portability Rights
You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months (or the periods specified by the applicable laws). Once we receive and confirm your verifiable consumer request, we will disclose to you:
Deletion Request
You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless any of the following exception applies:
Correction Request
You have the right to request that we correct inaccurate personal information about you. Once we receive and confirm your verifiable consumer request, we will use commercially reasonable efforts to correct as directed, unless we determine that the contested information is more likely than not accurate based on the totality of the circumstances.
Opt-Out Rights
You have the right to request that we do not “sell” or “share” (disclosure for cross-context behavioral advertisement) any of your personal information that we collected and retained, or that we limit the use or disclosure of your sensitive personal information to those uses permitted by the CCPA. Once we confirm your identity, we will cease to sell and/or share your personal information with third parties, or cease to use or disclose your sensitive personal information for purposes other than those permitted by the CCPA.
Exercising Access, Data Portability, Deletion, Correction, and Opt-Out Rights
To exercise the right to access, data portability, deletion, correction, and request not to “sell” or “share” personal information, request to “limit use of sensitive personal information” described above, please submit a verifiable consumer request to us by either:
Only you or a person that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.
You may only make a verifiable consumer request for access, correction, opt-out, deletion, or data portability twice within a 12-month period. The verifiable consumer request must:
We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.
Do Not Track “DNT” Signals. We have not implemented the necessary program changes to honor “Do Not Track” or “DNT” browser signals.
CCPA Children Privacy Rights. We do not disclose California Personally Identifiable Information of individuals we know to be under the age of 16 to business or third parties for monetary or other valuable consideration as a “sale” or “share” under the CCPA without affirmative authorization.
Response Timing and Format. We endeavor to respond to a verifiable consumer request within 45 days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt, unless otherwise required by the applicable laws. 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 from one entity to another entity without hindrance.
Non-Discrimination. We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:
Retention Period. We intend to retain the personal information we collect for the period necessary to fulfill the purposes for which it was collected, unless the different retention period is specified by the relevant laws. The criteria used to determine our retention periods include (i) for as long as we have an ongoing relationship with you; (ii) as required by a legal obligation to which we are subject to (such as product recall);
This Privacy Statement for Non-California Residents supplements the information contained in the Yamaha Privacy Statement and applies solely to consumers who reside in the following States (“consumers” or “you”). We adopt this notice to comply with the following applicable Privacy Acts (the “Applicable Privacy Acts”, collectively).
State | Applicable Privacy Act |
---|---|
Virginia | Virginia Consumer Data Protection Act |
Colorado | Colorado Privacy Act |
Connecticut | Connecticut Data Privacy Act |
Utah | Utah Consumer Privacy Act |
Oregon | Oregon Consumer Privacy Act (effective July 1, 2024) |
Texas | Texas Data Privacy and Security Act (effective July 1, 2024) |
Montana | Montana Consumer Data Privacy Act (effective October 1, 2024) |
Categories of Personal Data We Collect, Categories of Personal Data that We Disclose with Third Parties, and Categories of Third Parties with whom We Disclose Personal Data. Please refer to “Categories of Personal Information We Collect” of Section 6 (Privacy Statement for California Residents) as the descriptions therein similarly apply to you.
Purposes of Processing Personal Data. Please refer to “Purposes of Processing Personal Information” of Section 6 (Privacy Statement for California Residents) as the descriptions therein similarly apply to you.
Sale of Personal Data & Targeted Advertising. We do not disclose your personal data for monetary consideration to third parties unless we specifically obtain your consent. Similarly, we do not engage in profiling in furtherance of decisions that produce legal or similarly significant effects. If our disclosure is construed as “sale” under the Applicable Privacy Acts, we may sell the categories of personal information to the categories of the third parties as listed in the chart in the Section 6 (Privacy Statement for California Residents) for our business purposes. When we disclose (including sell if applicable) personal data for our business purposes, we enter a contract that describes, among other statutory required conditions, the purpose and requires the recipient to both keep that personal data confidential and not use it for any purpose except performing the contract. We may engage in targeted advertising so that we can conduct more personalized and tailored marketing to our consumers.
Consumer Rights under the Applicable Privacy Acts. If you are a resident of the aforementioned States, under the Applicable Privacy Acts, starting from the effective date of the relevant laws, you have the right to (1) request to know what personal data has been collected about you, and to access that data; (2) request to correct inaccuracies in your personal data; (3) request deletion of your personal data, though exceptions under the respective laws may allow us to retain and use certain personal data notwithstanding your deletion request; and (4) obtain a copy of your personal data. In addition, you have the right to opt-out from sale or targeted advertising (if applicable).
To exercise your rights described above, please submit a verifiable consumer request to us by either:
We process your consumer request substantially in accordance with the manners as described in “Consumer Rights under the CCPA” in Section 6 (Privacy Statement for California Residents). In case we cannot wholly or partially comply with your request, the response we provide will explain the basis for our decision as well as the descriptions of your right to appeal and the manner you can exercise said right.
Yamaha Motor Corporation, U.S.A.
Attn: Privacy Office
6555 Katella Avenue
Cypress, California 90630-5101
800-962-7926