By “personally identifying information”, we mean information that directly identifies you, such as your name, driver’s license number, date of birth, Social Security number, IP address, device ID, credit/debit card information, telephone number, mailing address, or email address. In this Policy, “we” and “our” mean West Marine, Inc., and “you” or “your” mean any person who visits our website. To clarify, the given meaning of “Personal information” under this policy is in addition to the definition provided by the applicable law.
Collection of Your Information
We collect a few categories of information, from a few different sources:
Information You Provide: We receive information you provide to us when you:
- Create an account with us (including a shopping account online, an account to review products, a West Advantage Account or event registration account or any other type of account);
- Make a purchase by using any method;
- Apply for employment opportunities;
- Review any products;
- Contact us via any customer service method;
- Submit user-generated content (via our Sites, Internet Marketing Channels or otherwise);
- Participate in customer research, surveys, sweepstakes, contests, or promotions;
- Subscribe for email, text, or other messages;
- Work with our Teammates/Associates who provide you with in-store services or otherwise assist you with your product needs and purchases through use of Sites;
- Download or use our Sites;
- File a claim or participate in investigations regarding claims or losses; or
- Otherwise communicate information to us.
Information Received From Third Parties
We may receive information you provide on behalf of third parties, or third parties provide on your behalf, including but not limited to gift recipients, online registrations/purchases, ship-from-store, in-store pick-up, registries or as a result of your interactions with other users on our team sports or event Sites.
We receive information from sources assisting us with (i) updating, enhancing, improving and/or analyzing our records or data; (ii) performing marketing and research services; or (iii) detecting fraud or theft. We may also acquire information about you from third parties with whom we have a relationship or otherwise contract with to obtain such information. In the event we acquire a business, we may receive information from the seller of such business. Additionally, we may receive information from various consumer reporting agencies and related service providers.
We also work with third-party service providers that provide us feedback about our Sites and analytics and general information about browsing patterns to improve our Sites and our Internet Marketing Channels.
Information That Is Passively Collected When You Use The Sites
"Cookies" are small text files sent to your device as you visit our Sites or utilize our Internet Marketing Channels and saved on your device via your browser. "Web Beacons" (also known as pixels or tags) are a common form of web technology used on our Sites and Internet Marketing Channels to monitor visits to certain pages within, interactions with, and the effectiveness of, our Sites and our Internet Marketing Channels.
User Activity Information we collect through these Information Technologies includes internet protocol (IP) addresses, device characteristics (such as connection type, operating system, browser type, screen resolution), location information, user ID, and your interactions with our Sites and Internet Marketing Channels, such as which webpages you visit, your keyword searches, and the products or product categories viewed. User activity information may also include information about: your mobile device if it is being used to visit the Sites (such as device model, operating system, unique device identifiers, and mobile network information); how you use our Sites and Internet Marketing Channels, search terms, pages you visit on our Sites and application performance information. In addition, while User Activity Information does not generally identify or relate to you as an individual, we may associate this type of information with you as an individual and may also determine your general location from this information. In addition, others might seek to make such associations or determinations, and we cannot guarantee that parties with whom we may share such information might not succeed in re-identifying or associating non-personal information with particular individuals; we cannot be responsible for such parties’ use of such information. The information we learn from you during your visit helps us to improve our site, respond to your requests and customize your shopping experience with West Marine.
Social Media Access
In-Store Wi-Fi Services
Many of our retail locations offer free Wi-Fi Services to customers. If you choose to connect to our in-store Wi-Fi services, West Marine will receive information about you and the device you are using. Wi-Fi routers capture certain data from devices that interact with the router. Some examples of data automatically collected through our Wi-Fi service include:
- Information about your device, including a MAC Address, email address and IP address.
- Vendors that analyze Wi-Fi data automatically collected to provide operational insights such as foot traffic volumes, dwell times, and how customers move through our stores.
Video Cameras (FUL, OPS, SEC)
We use cameras in our stores for security purposes, loss prevention, and asset protection. We will not use cameras to personally identify you, without your consent, except when the identification is for security or law enforcement purposes.
Mobile Website Data Collection
If you access our mobile website, we may also automatically collect information about the type of mobile device you use, your mobile device identifier, your mobile operating system, pages you visit on our mobile site, search terms, the type of mobile internet browsers you use and information about the way you use our mobile website. We use this information to obtain data about your visits to our stores, your general shopping habits, how you use our mobile platforms and how we might improve them.
If you choose to share your location with us, we use a service provider to approximate your position based on one or more of the following, as available: network location (cell tower triangulation) technology, GPS, wi-fi signals and/or Bluetooth signals. In addition, we may also send you push notifications based on your location if you activate your location settings on your device. IF YOU DO NOT WANT US TO HAVE ACCESS TO YOUR LOCATION, YOU MAY CHANGE YOUR LOCATION SETTINGS AS PERMITTED BY YOUR MOBILE DEVICE. WEST MARINE HAS NO RESPONSIBILITY OR LIABILITY FOR THE FUNCTION OF THE LOCATION SETTINGS FEATURE WITHIN ANY MOBILE DEVICE.
Once you allow location based tracking through a mobile application or mobile website, you are agreeing that we can collect and use your location data and can continue to do so until you turn off your location settings and/or opt out of that usage, as may be permitted by your mobile device. We may use this location based data to track your general shopping patterns and stores that you visit and we also aggregate this data to help understand general consumer patterns and trends.
In addition to collecting Personal Information as described above, we may collect information that does not identify you and is not associated with your Personal Information. We may also de-identify information so it no longer identifies you. We can aggregate and use such information to engage in marketing and other activities in a manner that does not use customers’ personal information and is outside the scope of this Policy.
As a matter of policy, we do not disclose details regarding our security measures as this could be beneficial information to criminals and/or other bad actors. Additionally, sometimes bad actors attempt to use our brand to create fake web pages, send fake emails or conduct other illegal activities to commit fraud or attempt to breach our customer’s security, you may use caution clicking any links that you may receive in your email or online.
Use of Your Information
We know that you care how information about you is used and shared, and we appreciate your trust that we will do so carefully and sensibly. We use the personally identifiable information you provide to us for the following primary reasons:
- To complete, fulfill, manage and communicate with you about your transactions;We use your personal information to take and handle orders, deliver products and services, process payments, and communicate with you about orders, products and services, and promotional offers
- To provide customer service and alert you to product and/or shipping information;
- To administer our customer loyalty program (West Advantage);
- To third parties who perform services on our behalf. For example, this may include merchandise vendors and payment processors. It may also include companies that send emails on our behalf;
- To deliver information about our products, services and promotions;
- To administer contests, sweepstakes and promotions;
- To conduct research and analytics related to our operations; We use your personal information to provide functionality, analyze performance, fix errors, and improve usability and effectiveness of the our Services;
- To improve your shopping experience and to ensure that you have a personalized and consistent experience;
- With Third Parties, this may include third parties in whose products or services we believe you may be interested. These third parties may also share your information with others. These third parties may use your information for their own marketing purposes or the marketing purposes of others. This may include the delivery of interest-based advertising;
- To protect our assets and prevent fraudulent transactions;
- For product recalls, or other similar instances;
- In certain cases, we have a legal obligation to collect and process your personal information. For instance, we collect from sellers information regarding place of establishment and bank account information for identity verification and other purposes;
- To validate credentials and authenticate customers when logging into your online profile, applications, or transacting in one of our retail stores;
- To protect the security and integrity of our Services and our data; and
- To assist and respond to legal/regulatory inquiries.
- As may otherwise be disclosed at the time of collection. In doing so, we may:
- Combine certain Personal Information and non-personal information collected online and offline, including information collected from third parties;
- Transfer or disclose such information within our affiliates and subsidiaries;
- Retain the information as needed to provide you products/services, comply with legal obligations, resolve disputes, and enforce agreements as necessary in our sole discretion.
Purposes for Which We Seek Your Consent
We may also ask for your consent to process your personal information for a specific purpose that we communicate to you. When you consent to our processing your personal information for a specified purpose, you may withdraw your consent at any time and we will stop processing of your data for that purpose.
Also, we employ other companies and individuals to perform functions on our behalf. Examples include website hosting and development, fulfilling orders, delivering packages, sending postal mail and e-mail, removing repetitive information from customer lists, analyzing data, providing marketing assistance, and processing credit card payments. They have access to personal information needed only to perform their functions. We require companies with whom we contract for outsourced services to keep data received from us confidential and to use it only for the purposes indicated.
We may, from time to time, supplement the information we collect with outside records to enhance our ability to serve you, to tailor our content to you, and to offer you opportunities to purchase products or services that we believe may be of interest to you.
With Whom Do We Share Your Information
We may, from time to time, share your information with other companies with whom we have strategic or marketing relationships (such as our marketing partners, Boat America Corporation and its affiliate, Boat Owners Association of The United States) or with other companies and marketers whose products or services may be of interest to you.
We employ other companies and individuals to perform functions on our behalf. Examples include fulfilling orders for products or services, delivering packages, sending postal mail and e-mail, removing repetitive information from customer lists, analyzing data, providing marketing assistance, providing search results and links (including paid listings and links), processing payments, transmitting content, scoring credit risk, and providing customer service. These third-party service providers have access to personal information needed to perform their functions, but may not use it for other purposes. Further, they must process the personal information in accordance with this Privacy Notice and as permitted by applicable data protection laws. West Marine may include third-party advertising and links to other websites and apps. Third party advertising partners may collect information about you when you interact with their content, advertising, and services.
Also, we may release personally identifying information when we believe release is appropriate to comply with law or legal process (e.g., in response to a court order, subpoena or a law enforcement agency's request) or to protect the rights or property of West Marine, westmarine.com, our users, our marketing partners or others. This includes exchanging information with other companies, our Trade Vendors (including their agents), and organizations for fraud protection and credit risk reduction. In addition, in the event that all or substantially all of West Marine's stock and/or assets are transferred or sold to another entity, we may transfer personally identifiable information to the acquiring entity.
What Choices Do You Have?
If you have any questions or objection as to how we collect and process your personal information, please contact our Customer Service. Many of our West Marine Services also include settings that provide you with options as to how your information is being used.
- You can get a copy of the personal information collected by us, if any.
- You can choose not to provide certain information, but then you might not be able to take advantage of many features of West Marine websites.
- You can add or update certain information by visiting your West Advantage Account When you update information, we map keep a copy of the previous version for our records.
- If you don't want to receive e-mail or other communications from us, please see the Managing Your Preference section.
- If you want to browse our websites anonymously, you may do so by logging out of your account and disabling cookies on your browser.
CALIFORNIA PRIVACY RIGHTS
California Consumer Privacy Act of 2018; Effective January 1, 2020:
If you’re a California resident, You may have some additional privacy rights, a list is provided below for your reference:
- You have the right to opt-out of West Marine's sale of your personal information.
- You have the right to request the deletion of your personal information.
- You have the right to request us to disclose to you, no more than twice in a 12-month period, the personal information about you that West Marine collects, uses, discloses, and sells during the preceding 12 months, which shall include as follows:
- The categories of personal information that we've collected and sold about you, or shared for a business purpose with our service providers.
- The sources from which we collected such information.
- The third parties with whom we've shared that personal information and to whom we've sold that personal information.
- The business or commercial purpose for collecting or selling that personal information.
- The specific pieces of personal information we've collected about you.
For purposes of exercising your rights above, please note the following regarding how we collect and use your personal information as described in this policy:
- We collect the following categories of personal information: Identifiers; payment information; characteristics of protected classifications under California or federal law; commercial information; professional or employment information; internet of other electronic network activity information; geolocation data; audio, electronic or visual information.
- We disclose the following categories of personal information for a business purpose: Identifiers; payment information; commercial information; professional or employment information; internet of other electronic network activity information; geolocation data; audio, electronic or visual information.
- We exchange the following categories of personal information that may be defined as a sale of information: Identifiers; commercial information; Internet or other electronic network activity; geolocation data.
MANAGING YOUR PREFERENCES:
This section details, in one place, how you may express preferences including electing to opt-out of some data collections or uses.
For West Advantage Members:
Unsubscribe from Marketing Emails and/or Mail Marketing, tabs, flyers and other materials:
Please use the following methods to unsubscribe from our marketing emails and/or Mail Marketing materials:
- Online Account Holders on westmarine.com: You can login to your West Marine account and visit the Communication Preferences page and unselect the box for "I would like to be notified of news, events and special offers via postal mail". You can also unsubscribe from our marketing emails by clicking "update your email preference" on the bottom of our email page, or by visiting our Communication Preferences page after logging in your West Marine Account.
- Non-Account Holders: You can call us at 1-800-BOATING (1-800-262-8464), or send an email to Privacy@Westmarine.com, to request unsubscribing from Customer Service.
For Non-West Advantage Members:
If you do not wish to receive any emails, and/or postal mail from West Marine, please check the "opt out" box when registering offline, let us know by calling us at 1-800-BOATING (1-800-262-8464), send an email to Privacy@westmarine.com, or write to us at:
Marketing and Privacy ComplianceWest Marine500 Westridge DriveWatsonville, CA 95076
Rights under California Consumer Privacy Acts:
California residents may click at Do not sell my information for exercising their rights under California Consumer Privacy Act.
WE DO NOT DISCRIMINATE AGAINST ANY CONSUMER EXERCISING THEIR PRIVACY RIGHTS. IF YOU ARE NOT ABLE TO USE SOME FEATURES OF WEBSITE BASED ON YOUR PRIVACY SETTINGS, IT IS PURELY DUE TO TECHNICAL LIMITATIONS.
Protection of Children's Personal Information
The Children’s Online Privacy Protection Act imposes requirements on Web sites that collect personal information about children under 13 years old (e.g., name, postal address, email address, etc). West Marine is concerned about protecting the safety and privacy of children. We do not knowingly or specifically request or collect personally identifiable information from or about children and do not market specifically to children. We do, however, sell children's products for purchase by adults. To learn more about how to protect your child online, visit the Federal Trade Commission at www.OnGuardOnline.gov.
Additional California Privacy Rights
Under California Civil Code sections 1798.83-1798.84, California residents are entitled to ask us for a notice describing what categories of personal information we have shared with our third party providers for their marketing purposes and a list of the third party providers that have received your information.
If you are a California resident and want a copy of this notice, please submit a written request specifying that you want a “California Privacy Rights Notice” to the following address:
Marketing and Privacy ComplianceWest Marine500 Westridge DriveWatsonville, CA 95076
Please allow 30 days for a written response.
If you are a minor under 18 and have an account with us, you may ask us to remove reviews or other content that you posted on the site by writing to Privacy@westmarine.com. We will begin to process your request within 30 days. Please note that processing your request does not ensure complete or comprehensive removal of content that you posted.
For Nevada residents, please note that we do not sell personal information as defined by Nevada law (Nevada Revised Statutes, Chapter 603A, Section 1.6). You can submit a request to us at Privacy@westmarine.com regarding the sale of such information.
Other Legal Notices and Policy Changes
West Marine is committed to treating your personal information in a confidential manner. We have put in place appropriate physical, electronic, and managerial procedures to safeguard and maintain data security, and correctly use the information we collect.