Privacy Notice

Last Updated: March 15, 2024

This Privacy Policy and Notice at Collection ("Privacy Notice") describes the information West Marine Products, Inc. ("West Marine", "we", "our", or "us") collects, how we use this information, with whom we share it, how long we retain it, and the choices you have in connection with this. This Privacy Notice applies to West Marine-owned websites ("Websites"), software, and online and offline services (collectively, our "Services").

As used in this Privacy Notice, "personal information" includes "Personal Data" as such term is defined under the General Data Protection Regulation (Regulation (EU) 2016/679) ("GDPR").

1. Our Role in Data Processing

West Marine is the entity responsible for the collection and use (processing) of personal information about you. West Marine is a controller under the UK General Data Protection Regulation and/or EU General Data Protection Regulation (collectively, "GDPR" or "EU data protection law"). You can contact our Data Protection Officer ("DPO") at privacy@westmarine.com.

 

NOTICE AT COLLECTION

 

2. Personal Information We Collect, How We Use It, and How We Share It

Through your use of the Services, we collect personal information (information that identifies you or relates to you as an identifiable individual and includes the term "personal data" as such is defined under GDPR and UK GDPR) as you use our Services to:

  • Create your account with us. In order to create an online account for you to do things like shop online review products, and register for events, we will collect from you your identifiers (name, email address, address, telephone number) and your online account information (username, password, and security questions/responses). To the extent EU/UK data protection law applies, the legal basis for this collection is that it is necessary for the performance of our future contracts with you. We collect this information to administer your account, to enroll you in our loyalty program (West Advantage) if you choose, to communicate with you (e.g., about any product recalls), to validate your credentials and authenticate you when you log into our website, to keep track of your purchases, and to determine future products and services that may be of interest to you (i.e., account profiling). To opt-out of profiling please utilize our Privay Settings page.
  • Enroll you in our loyalty program. After you have an account with us, you may elect to enroll in our voluntary loyalty program (West Advantage) to earn rewards when you shop at West Marine. We use the information that you have provided to create your account to enroll you in West Advantage. To the extent EU/UK data protection law applies, the legal basis for this use is the performance of the contract with you. As part of the West Advantage Gold program, if you choose this, we share West Advantage Gold Members' information with Boat Owners Association of The United States ("BoatUS") for Gold Members to utilize their services. To the extent EU/UK data protection law applies, the legal basis for this processing of this information is your consent. West Advantage Silver Members, please see the Notice of Financial Incentive below for more information on financial incentives related to the West Advantage program.
  • Fulfill your purchases. When you make a purchase through the Website or in-store, we will collect your identifiers (name, email address, physical address, telephone number) and, through our third-party payment processor, your payment card information (masked payment card number, card type, name on card, customer wallet token, and expiration date). To the extent EU/UK data protection law applies, the legal basis for this collection is that it is necessary for the performance of your purchase contract with us. We will use this information to complete, fulfill, manage and communicate with you about your transactions, check your credit (if necessary), and process payments. To the extent EU/UK data protection law applies, the legal basis for this use is that it is necessary for the performance of your purchase contract with us. We share this information with our third-party payment and shipping providers to collect your payment and fulfill your orders.
  • Subscribe you to our marketing communications. If you sign up to receive marketing communications from us, we will collect your identifiers (name) and contact information (e-mail and physical address) to send you e-mail and physical marketing communications. To the extent EU/UK data protection law applies, the legal basis for this collection is your consent. We share your identifiers and contact information with our third party marketing providers who send you marketing emails and/or physical mailers on our behalf. To the extent EU/UK data protection law applies, the legal basis for this sharing is your consent. Please note that we will continue to send you notifications related to product recalls, notifications that are necessary to the Services, or notifications regarding requested products or services. If you opt-in to emails, our e-mail communications will analyze whether a predefined action took place by a recipient, such as opening our communications or clicking on a specific item, in order to better adapt and distribute our communications. To the extent EU/UK data protection law applies, the legal basis for the collection of information via these technologies is your consent.
  • Hire employees. When you apply for employment with West Marine, we may use Mitratech or Paycor (each a "Employment Application Service Provider") to assess and manage your application with West Marine, to communicate with you regarding your candidacy, and as necessary to comply with the law. The Employment Application Service Providers may collect your personal identifiers (name, email address, physical address, telephone number), your professional or employment information (resume, cover letter, employment history, educational history), and if you are applying for an executive position (Vice President or above), your commercial information (credit report information). The Employment Application Service Providers collect, use, and process your information in accordance with their privacy policies. For more information on the Employment Application Service Providers privacy practices, including the retention period of personal information about you, you may review the MitraTech privacy policy at https://mitratech.com/privacy-policy/ or the Paycor privacy policy at https://www.paycor.com/privacy-policy/. To the extent EU/UK data protection law applies, the legal basis for this collection is as necessary for the performance of a contract with you.
  • Administer the live chat. When you use the Live Chat functionality of the Website, we will collect your identifiers (name, email address,), and any information you disclose in your communications with us. To the extent EU/UK data protection law applies, the legal basis for this collection is performance of the contract with you. If you agree, we will also record the chat and use the transcript to answer your queries and for troubleshooting. To the extent EU/UK data protection law applies, the legal basis for the recording is the performance of a contract with you where we use it to answer your query and our legitimate interest in providing effective service for the troubleshooting. We do not share this information with any third parties other than the chat provider.
  • Secure our in-store Wi-Fi Networks. If you use our in-store Wi-Fi (many of our retail locations offer free Wi-Fi to customers) our Wi-Fi routers capture certain data from devices that interact with the router. We use this information to enable the Wi-Fi network connection between your device and our Wi-Fi routers. To the extent EU/UK data protection law applies, the legal basis for the collection of this information is our legitimate interest in providing internet access within our store locations.
  • Obtain product reviews. When you review a product, we will collect your identifiers (name, username) and any information you choose to include in your review. To the extent EU/UK data protection law applies, the legal basis for this collection is your consent. We will use this information to reply to your feedback, improve your shopping experience, and to ensure that you have a personalized and consistent experience. We also share this information, on an anonymized and aggregated basis, with other customers so that they may make informed decisions about purchasing our products and services.
  • Provide customer service online. When you contact our Customer Service department by email or online message, we collect from you, your identifiers (name, address, phone number, and email address) and any other information you choose to include in your correspondence. We use this personal information to respond to your questions or inquiries, troubleshoot where necessary, and address any issues you may have. To the extent EU/UK data protection law applies, the legal basis for this is that it is necessary for the performance of a contract. We do not share this information with any third parties.
  • Conduct customer research, surveys, sweepstakes, contests, or promotions. If you decide to participate in our customer research, one of our surveys, sweepstakes, contests, or promotions, we will collect from you: your personal identifiers (name, email address), audio and/or visual information from your photographs or videos you submit as a necessary part of your participation in the contests (on some occasions through social media platforms), your responses to the research questions or surveys as applicable, and other information collected as part of your participation in the sweepstakes, contests, or promotions. To the extent EU/UK data protection law applies, the legal basis for this collection is your consent. We will use this information to organize and administer the contests (on some occasions through social media platforms), analyze the participants' interests, risks, and behaviors to better service their needs, and to administer the sweepstakes and promotions.
    If you participate in a contest and submit content through a social media platform, that process is described under Interact with us on social media – Contests or Sweepstakes below. Please see the Notice of Financial Incentive below for more information on financial incentives related to research, surveys, sweepstakes, contests, and promotions.
  • Engage in mobile text message marketing. Where you have provided us your mobile phone number and opted-in to text messaging, you expressly consent that West Marine its affiliates, agents and representatives may call or text you (including SMS and MMS text messages and push notifications) about your account, or to provide you with recurring special offers and marketing messages related to additional products, services, or promotions offered by West Marine through the use of an automatic telephone dialing system and/or an artificial or prerecorded voice. You further represent and warrant that you are the authorized subscriber to the telephone number(s) you have provided above and that you have the authority to provide the consent described above at the number(s). Message and data rates may apply. You are not required to give your consent as a condition of purchasing any products or services from West Marine. To revoke consent to contact you by text (including SMS and MMS messages), you may respond "STOP" to any of our text messages.
  • Administer claims or and conduct investigations regarding claims or losses. When you file any product liability, premises liability or other customer related claims, or participate in investigations regarding claims or losses, we will collect your identifiers (name, address, email address, West Advantage number and phone number). We use this information to process the claim and/or negotiate with you about the claim. To the extent EU/UK data protection law applies, the legal basis for this is that it is necessary for the performance of a contract. We share your information with our legal counsel and investigators to process the claim and conduct an investigation. To the extent EU/UK data protection law applies, the legal basis for this sharing is our legitimate interest in defending against legal claims.
  • Secure our retail locations. When you visit one of our stores in the United States, we will collect through our security cameras a recording of your actions in the store. 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. We share this information with our third part CCTV provider, who processes this information on our behalf. In the event of a security or theft incident, we will also share this information with law enforcement personnel.
  • Communicate with you by telephone. When you communicate with us by telephone on a recorded line, with your consent, we will collect your identifiers (name) and auditory information (recording of your voice). To the extent EU/UK data protection law applies, the legal basis for this collection is your consent. We do not share this information with any third parties other than our recording provider.
  • Find a Store. When you use the "Find a Store" function we will collect your ZIP code or address. To the extent EU/UK data protection law applies, the legal basis for this collection is your consent. We will use this to determine the closest West Marine store to the location you entered into the search field. We do not share this information with any third parties.
  • Administer our business-to-business accounts. If you are a business and you set up a business ("Pro") account with us, we collect your identifiers (business representative name, business email address, business telephone number, business billing, physical address), your Pro account information (account username and password), financial information (payment card number, expiration date, CVV, or bank account number and routing number), and purchase history. To the extent EU/UK data protection law applies, the legal basis for this collection is that it is necessary for the performance of a contract. We will use your identifiers and financial information to set up your business account and to communicate with you about your orders. We use this information in conjunction with your order history to communicate with you about West Marine products/services that may be of interest to you. To the extent EU/UK data protection law applies, the legal basis for this use is legitimate interest. You can reject this use at any time (or opt out) with effect going forward by emailing us at: privacy@westmarine.com. We use your Pro account information to set up and authenticate your online Pro account.
  • Analyze website usage through session recording software. With your consent, we may utilize session recording software to collect information and analyze your use of the Website to improve our Website and internet marketing channels. We will collect a recording of your session on the Website, scroll behavior, click behavior, custom events, page navigation flow, browser type, country, device ID, device type, operating system, and session code errors. To collect this information, the session recording software sets cookies on your browser or reads cookies that are already there. To the extent EU/UK data protection law applies, the legal basis for this collection is your consent. We do not share this information with any third parties other than the session recording provider.
  • Interact with us on social media. When you interact with our fan page on social networking websites, such as Facebook, LinkedIn, Twitter, YouTube, TikTok and Instagram (each a "Fan Page") (collectively "Fan Pages"), we collect basic engagement metrics and use it to tailor content and marketing and use it to improve user experience as set forth in this section. Please note that we do not control the use or storage of the information that you have posted to any social networking websites. This information is collected and processed by the social networking websites for their own purposes, including marketing. For more information on how Facebook, LinkedIn, Twitter, YouTube, TikTok, and Instagram use personal information about you, please see Facebook's Privacy Notice https://www.facebook.com/privacy/policy , LinkedIn's Privacy Notice https://www.linkedin.com/legal/privacy-policy, Twitter's Privacy Notice https://twitter.com/en/privacy, YouTube's Privacy Notice https://www.youtube.com/howyoutubeworks/user-settings/privacy, TikTok's Privacy Notice https://www.tiktok.com/legal/page/us/privacy-policy/en, and Instagram's Privacy Notice https://privacycenter.instagram.com/policy/.

    Facebook, LinkedIn, Twitter, YouTube, TikTok and Instagram (the "Social Networks") process personal information in the USA where the laws may be less protective than in your country of residence. For example, in accordance with U.S. laws, in certain circumstances, courts, law enforcement agencies, regulatory agencies, or security authorities in other countries may be entitled to access your personal data.

    1. Fan Pages. When interacting with our Fan Pages, we collect, from you, your personal identifiers (first and last name) and visual information (photograph (i.e. profile picture)), as well as any information that you provide when interacting with our Fan Pages (e.g., commenting, sharing, and rating). We use this information to advertise our products, for events and invitations, and to communicate with users via the contribution and comment function. To the extent the EU or UK data protection laws apply, the legal basis for the processing is our legitimate interest in advertising our products via our Fan Pages and communicating with users, customers, and interested parties. Because our Fan Pages are publicly accessible, when you use them to interact with other users, for example by posting, leaving comments, or liking or sharing posts, any personal information that you post in them or provide when registering can be viewed by others or used by them as they see fit. The content posted on our Fan Pages or other public areas of social networking websites can be deleted in the same way as other content that you have created.
    2. Community Management. With the help of a third party, we collect, from you, your contact, including "likes", shares, messages, and other interactions with the content, in order to analyze and evaluate how our content is perceived, to learn from it, and to improve our public relations efforts. We use this information to create advertisements that match our Fan Page and to disseminate them via Facebook based on demographic data. To the extent the EU or UK data protection laws apply, the legal basis for analyzing your content and creating advertisements is our legitimate interest in organizing, facilitating, and optimizing communication with our users and the general public.
    3. Facebook Messenger. When using Facebook messenger, Facebook collects, automatically, your internet or other electronic network activity information (IP address, date and time of the server request, time zone, specific browser or app function, access status, amount of data transferred, browser or app from which the Request comes, device type, operating system used, and its interface (e.g. Android or IOS), language, version of the operating system, and device identifiers). We do not use this information; its use is governed by Facebook's Privacy Notice.
    4. Surveys. When you participate in a survey on our Facebook Fan Page, we collect, from you, your personal identifiers (email address), your internet or other electronic network activity information (device and browser data, IP address, location information based on the IP address), log data (IP address to determine whether a respondent has previously participated in a survey), and metadata (usage patterns)). We use this information to analyze and process the results of our surveys for market research purposes. To the extent the EU or UK data protection laws apply, the legal basis for the processing is our legitimate interest in the creation of appealing opinion and market research surveys to obtain helpful insights into customer satisfaction and any existing need for optimization of products and internal processes.
    5. Contests or Sweepstakes. When you participate in a contest or sweepstakes on our Fan Pages, we collect, from you, your personal identifiers (name, email address, telephone number, and physical address (if provided)), and your visual identifiers (photograph (i.e., profile picture)). We use this information to manage your entry, communicate with you about your entry, and to run the sweepstakes or contest. We also use this information to create unique offers to enhance your customer experience. To the extent the EU or UK data protection laws apply, the legal basis for the processing is that it is necessary for the performance of a contract. If you do not provide this information, it would not be possible for you to participate in the sweepstakes or contest. If it is necessary to send non-cash prizes, we will forward your information to a shipping service provider.
    6. Events and Photos. When you register for an event on our Fan Pages, we collect, from you, your personal identifiers (first and name, email address, telephone number, physical address, and any other information you provide). We use this information to create and manage the event (e.g. to create the guest list, accreditation and admission control, room and personnel planning, planning the catering) as well as to send you your invitation and notifications about the event. We also use this information for prevention of fraud and defense against legal claims. To the extent the EU or UK data protection laws apply, the legal basis for processing your information to facilitate your attendance is the necessity for the performance of a contract with you. If you do not provide this information, you would not be able to participate in the event. The legal basis for the other uses is our legitimate interest in fraud prevention. At events for which you have registered, photos and video recordings may be made (possibly by a photographer commissioned by us), in which you may also be shown. If you are the central subject of a recording, the photographer will ask you before the recording/taking the photo whether you agree and consent. We use the photos for our public relations and marketing on our various media/digital media outlets. To the extent the EU or UK data protection laws apply, the legal basis for processing your photos where you are the subject is your consent. The legal basis for taking and publishing photos where you are in the background is our legitimate interest in public relations.
    7. Facebook Page Insights. When you visit our Facebook Fan Page, Facebook records your IP address and other information about your usage behavior on our Facebook Fan Page. Facebook collects, through trackers in the browser of your device or via the advertising ID (IDFA from Apple or GAID from Google), when you open the Facebook app through your mobile device (e.g. smartphone or tablet). Facebook uses this information to provide us with statistical evaluations of the use of our Facebook Fan Page. We receive this information directly from Facebook, in the form of aggregated data and anonymous statistics regarding certain data points, such as: age; gender; city/country; device; inquiries from fans about other Facebook fan pages; region and language settings of the users; proportion of men and women; the number of people reached; clicks on posts, "Likes" and reactions; comments and shared content; and total video views. We use this information to analyze and improve the advertising campaigns we conduct through our Facebook Fan Page. We do not collect or process any other personal information in connection with Facebook's "Page Insights" function. For the purpose of the EU and UK data protection laws apply, we are joint controllers with Facebook for this processing. To the extent the EU or UK data protection laws apply, the legal basis for this processing is our legitimate interest in statistical evaluation of users on our Facebook Fan Page for the improvement and adjustment of our advertising measures based on the information collected. We do not retain this information independently. For information on data protection and the storage period on Facebook in relation to its "Page Insights" function, see https://www.facebook.com/legal/terms/information_about_page_insights_data here and Facebook's https://www.facebook.com/privacy/policy/Privacy Notice. It has been contractually agreed with Facebook that Facebook is responsible for providing you with information about the processing for Page Insights.
    8. Information Processed Solely by Social Networks. We do not know how the Social Networks use personal information for their own purposes, how long the personal information is stored on the Social Networks or whether Social Network data is passed on to third parties. If you are currently logged in to a Social Network as a user, the Social Networks automatically collect, through trackers on your device, your Social Network ID, or a link between your Social Network ID and the advertising ID (IDFA from Apple or GAID from Google) when you open the Social Network app through your mobile device (e.g. smartphone or tablet). This enables the Social Networks to understand that you have visited our Social Network pages and accounts along with other Social Network pages that you have clicked on, whether you clicked on Social Network buttons integrated into websites that partner with the Social Networks, and other online interactions that report user data to the Social Networks. Based on this data, content or advertising tailored to you can be offered. You can find more information about the personal information collected by the Social Networks, how it is used, and how long it is stored by visiting the Social Network's Privacy Policies, linked above.
  • Analyze website usage through cookies. When you visit our web site, we use cookies, pixels, web beacons, and other similar technologies to: (i) enable the website to function properly; (ii) track you within the website; (iii) enhance user experience; (iv) conduct analytics to improve the website; (v) prevent fraudulent use of the website; (vi) effectively market to you, and (vii) diagnose and repair technical errors with the website and, in cases of abuse, track and mitigate the abuse. Thus, cookies might store information about you, your preferences, or your device, such as:
    1. Usage information: We use cookies to collect information about your interaction with our website and online content, such as pages visited, frequency of access, time spent on each page, and referring website details. We use this information for analytics and marketing purposes.
    2. Location Information: We use cookies to collect information about your location, which may be determined through your IP address. We use this information to provide website functionality such as finding a store near you. You can adjust your consent to providing location information in your browser settings.
    3. Device information: We use cookies to collect certain information about the device you use to access the website, such as hardware model, operating system, browser, and device preferences. We use this information for analytics and marketing purposes.

To the extent EU/UK data protection law applies, the legal basis for this the collection of data via marketing, preference, and analytics cookies is your consent. You can withdraw your consent at any time with effect going forward by using our visiting our Privay Settings page. You cannot reject essential cookies as they are necessary for the website to function.

Our use of third party marketing and analytics cookies is considered a sale/sharing under certain state privacy laws. More information on these cookies, including a list of third-party marketing and analytics cookies and options with respect to opting out of the sale of your personal data, can be found in our Cookies Policy.

In general, to disable cookies and limit the collection and use of information through them, you can set your browser to refuse cookies or indicate when a cookie is being sent. When you opt-out an opt-out cookie will be placed on your device. The opt-out cookie is browser and device specific and will only last until cookies are cleared from your browser or device. You can also manage your cookie preferences via our Cookie Management Page. To opt out of targeted advertising, please visit Do Not Sell or Share My Personal Information. Certain third parties also offer broad cookie opt out options such as:

Information Collected From Third Parties

From time to time, we may receive personal information about you from third party sources, but only where we have checked that these third parties either have your consent or are otherwise legally permitted or required to disclose personal information about you to us. The types of personal information we collect from third parties includes:

  • Social Media Partners. For example, if you ";log-in" to the website using a social medial log in or use functionality such as "like" or "share" buttons, that social media site may pass information to us, including: the user ID for that third party site, the name, email address and location associated with the user ID and any other information permitted under the privacy policy for that website.
  • Retailers, distributors and third party brand partners. For example, where permitted by applicable data protection law and, if applicable, where you have specifically consented, our retailers, distributors and third party brand partners may pass information to us including your first name, last name, email address, postal address, phone number, gender, browsing patterns, geo-location and device identifiers, click through and other cookie data, demographic information including information about your appearance and information in relation to products purchased at their stores (whether on the high-street or online through their own website or a dedicated microsite) and services requested using their websites and/or applications.
  • Technology partners and market research organizations. For example, where permitted by applicable data protection law and if applicable where you have specifically consented, our preferred technology partners may share information with us, including your browser patterns, geo-location and device identifiers.

West Marine may also use the personal information collected for the above purposes to comply with the law and for other limited circumstances as described in How We Share Your Personal Information below.

3. How Long Does West Marine Keep Personal Information?

We retain personal information in identifiable form only for as long as necessary to fulfill the purposes for which the personal information was provided to us or, if longer, to comply with legal obligations, to resolve disputes, to enforce agreements and similar essential purposes. To determine the appropriate retention period for personal information, we consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of personal information about you, the purposes for which we process personal information about you and whether we can achieve those purposes through other means, and the applicable legal requirements.

4. How We Share Your Personal Information

4.1. Information Sharing Generally

In addition to the specific third-party sharing outlined above, West Marine shares personal information in the following general scenarios:

  • With service providers: We share personal information about you with our service providers that assist us in providing the Services, such as our payment processors, IT support, order fulfilment and delivery providers and/or product vendors, website, email, and text message marketing providers, credit reporting agencies (if applicable), customer service providers, data analytics providers, communications providers, geolocation service providers, cloud and hosting providers, and email providers. These third-party service providers have access to personal information needed to perform their services, 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.
  • Within West Marine: Where necessary, we share personal information about you within West Marine for legitimate business purposes, to the extent permitted by law, in order to efficiently carry out our business. To the extent EU/UK data protection law applies, the legal basis for this sharing is our legitimate interest in carrying out our business operations.
  • In the event of a corporate reorganization: In the event that we enter into, or intend to enter into, a transaction that alters the structure of our organization, such as a reorganization, merger, acquisition, sale, joint venture, assignment, consolidation, transfer, change of control, or other disposition of all or any portion of our assets, we would share personal information about you with third parties, including the buyer or target (and their agents and advisors) for the purpose of facilitating and completing the transaction. We will also share personal information about you with third parties if we undergo bankruptcy or liquidation, in the course of such proceedings. To the extent EU/UK data protection law applies, the legal basis for this sharing is our legitimate interest in carrying out our business operations, though we will acquire consent where required by law.
  • For legal purposes: We will share personal information about you where we are legally required to do so, such as in response to tax obligations, court orders, law enforcement or legal process, including for national security purposes; to establish, protect, or exercise our legal rights, as required to enforce our terms of use or other contracts; to defend against legal claims or demands; to detect, investigate, prevent, or take action against illegal activities, fraud, or situations involving potential threats to the rights, property, or personal safety of any person; or to comply with the requirements of any applicable law. To the extent EU/UK data protection law applies, the legal basis for this sharing is that the sharing is necessary for compliance with a legal obligation and our legitimate interest to comply with non EU laws that apply to us.
  • With your consent: Apart from the reasons identified above, we may request your permission to share personal information about you for a specific purpose. Where your consent is required, we will request consent before you provide the personal information or before the personal information you have already provided is shared for such purpose. You may revoke your consent at any time with effect going forward. To the extent EU/UK data protection law applies, the legal basis for this sharing is that the sharing is consent.

4.2 Information Sharing Pursuant to the CCPA/CPRA

Sharing in the Last Twelve (12) Months

For a Business Purpose. In the preceding twelve (12) months, West Marine has disclosed the following categories of personal information for a business purpose to the following categories of third parties:

  • We have disclosed your personal identifiers, internet and other network activity information, geolocation data, financial or payment card information, professional or employment information, commercial information, and customer records information to service providers that perform services on our behalf. These service providers include our payment processors, IT support, order fulfilment and delivery providers and/or product vendors, employment verification provider, website, email, and text message marketing providers, credit reporting agencies (if applicable), customer service providers, communications providers, geolocation service provider, cloud and hosting provider, and email provider.
  • We have disclosed your internet or other electronic network information to our IT support to detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, and to identify and repair website errors that impair functionality.
  • We have disclosed your internet or other electronic network information, commercial information, and location information to our IT support and data analytics provider to maintain, improve, and upgrade West Marine Services.

4.3 Sales and Sharing of Personal Information For Cross-Contextural Behavior Advertising

  • West Marine uses advertising partners such as Google Ads, Facebook Ads, and Microsoft Ads, on its Websites. These ads services deploy cookies which collect your internet and other electronic network activity, including identifiers, such as your online advertising ID, and share it with the Cookie provider. This use of personal information about you may be considered a sale under the California Consumer Privacy Act and other US state data protection laws. To opt out of these cookies, follow the instructions in the Privay Settings page or visit Do Not Sell or Share My Personal Information. For a more complete list of our advertising cookies, please see our Cookies Policy.
  • West Marine shares your identifiers, commercial information, and internet and other electronic network activity with marketing partners for advertising purposes. To opt out of this sharing visit Do Not Sell or Share My Personal Information.
  • West Marine shares identifiers and commercial information (such as name, mailing address, phone number, and e-mail address) with marketing partners whom we have strategic or marketing relationships (such as Boat America Corporation and its affiliate, Boat Owners Association of The United States. Because this sharing is for marketing purposes, it is also considered a sale under the California Consumer Privacy Act. To opt out of this sharing visit Do Not Sell or Share My Personal Information.

5. Your Information Choices

In addition to the specific information choices outlined above, you have more options as to how your information is used in the following scenarios:

  • Location settings: You can prevent your mobile device from sharing your location data by adjusting the permissions on your mobile device or within the Services
  • Push notifications: If you have enabled push notifications, you may disable these at any time by updating your device settings
  • Opt out of Sharing with Affiliates and Partners: (Do Not Sell or Share My Personal Information): If you are a California or Virginia resident and wish to opt out of us sharing your personal identifiers with our marketing partners, please refer to the WHAT ARE MY DATA PROTECTION RIGHTS  AND CHOICES Section or visit our Do Not Sell or Share My Personal Information portal or our Privacy Request Form.

6. What Are My Data Protection Choices and Rights?

State consumer privacy laws may provide their residents with additional rights regarding our use of personal information. The following Section applies to individuals who reside in specific jurisdictions that provide additional privacy rights, including California, Colorado, Connecticut, Virginia, and Utah.

6.1 Your Rights and Choices

Right to Access Specific Information and Data Portability Right. You have the right to request that we disclose certain information to you about our collection and use of personal information over the past twelve (12) months. Once we receive and confirm your verifiable consumer request, we will disclose to you:

  • The categories of personal information we collected about you.
  • The categories of sources for the personal information we collected about you.
  • Our business or commercial purpose for collecting or selling that personal information.
  • The categories of third parties with whom we share that personal information.
  • The specific pieces of personal information we collected about you (also called a data portability request).
  • If we disclosed personal information for a business purpose, the business purpose for which personal information was disclosed, and the personal information categories that each category of recipient obtained.

Right to Correct Information. You have the right to request we update personal information about you that is incorrect in our systems.

Right to Delete. You have the right to request that we delete any personal information about you 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) the personal information from our records, unless an exception applies.

Right to Opt-out of the sale or sharing of Personal Information for Cross-Contextual Behavioral Advertising. To opt-out of the sale or sharing of persona information for cross-contextual behavioral advertising please visit our Do Not Sell or Share My Personal Information portal or our Privacy Request Form..

Right to Limit Sensitive Personal Information Use. You have the right to limit the use of sensitive personal information regarding you.

Non-Discrimination. We will not discriminate against you for exercising any of your rights.

6.2 How to Exercise these Rights

To submit a request to exercise these rights you may use one of these three methods:

For all requests, please clearly state that the request is related to "Your Privacy Rights," indicate which type of request you are making, and provide your name, street address, city, state, zip code and an e-mail address or phone number where we may contact you. We are not responsible for notices that are not labeled or sent properly or that do not include complete information.

To appeal a decision regarding a consumer rights request, please submit your appeal using one of the three methods above. Your appeal should include an explanation of the reason you disagree with our decision. Within 60 days of receipt of an appeal, we will inform you in writing of any action taken or not taken in response to the appeal, including a written explanation of the reasons for the decisions.

Only you, or a person registered with the an applicable Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to personal information about you. You may also make a verifiable consumer request on behalf of your minor child.

You may only make such a request for access or data portability twice within a 12-month period. The verifiable consumer request must provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative, and describe your request with sufficient detail that allows us to properly understand, evaluate and respond to it.

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.

We endeavor to respond to a verifiable consumer request within forty-five (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. We will deliver our written response electronically. Any disclosures we provide will only cover the 12-month period preceding the receipt of the verifiable consumer request. 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 the personal information that is readily usable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

6.3 Opt-out Preference Signals

Our website honors General Privacy Control ("GPC") opt-out preference signals when such signals are configured through your browser. For more information on GPC opt-out preference signals please visit: https://globalprivacycontrol.org/.

6.4 Personal Information Sales Opt-Out

If you are age 16 or older, you have the right to direct us to not sell personal information about you at any time (the "right to opt-out"). We do not sell the personal information of consumers we actually know are less than 16 years old, unless we receive affirmative authorization (the "right to opt-in") from either the consumer who is between 13 and 15 years old, or the parent or guardian of a consumer less than 13 years old. Consumers who opt-in to personal information sales may opt-out of future sales at any time.

Once you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize personal information sales.

6.5 California Shine the Light Law

California Civil Code Section 1798.83 permits users who are California residents to obtain from us once a year, free of charge, a list of third parties to whom we have disclosed personal information (if any) for direct marketing purposes in the preceding calendar year. If you are a California resident and you wish to make such a request, please send an e-mail with "California Privacy Rights" in the subject line to privacy@westmarine.com or write us at: West Marine Products, Inc., Attn: Privacy Inquiries, 25 Edelman, Suite 250, Irvine, CA 92618,

7. Nevada Residents

If you are a consumer in the State of Nevada, you may request to opt-out of the current or future sale of personal information about you. We do not currently sell any of personal information about you under Nevada law, nor do we plan to do so in the future. However, you can submit a request to opt-out of future sales by contacting us at privacy@westmarine.com regarding the sale of such information. Please include "Opt-Out Request Under Nevada Law" in the subject line of your message.

8. Individuals in the European Union/European Economic Area and United Kingdom

West Marine is the controller of the personal information collected through the Services. Any questions or concerns regarding West Marine's privacy and data protection practices can be directed to our Data Protection Officer at privacy@westmarine.com.

Residents of the EU and UK may be entitled to other rights under the GDPR. These rights are summarized below. We may require you to verify your identity before we respond to your requests to exercise your rights. If you are entitled to these rights, you may exercise these rights with respect to personal information about you that we collect and store:

  • the right to withdraw your consent to data processing at any time (please note that this might prevent you from using certain aspects of the Services);
  • the right of access;
  • the right to request a copy of personal information about you;
  • the right to correct any inaccuracies in personal information about you;
  • the right to erase personal information about you;
  • the right to data portability, meaning to request a transfer of personal information about you from us to any other person or entity as chosen by you;
  • the right to request restriction of the processing of personal information about you; and
  • the right to object to processing of personal information about you.
  • To exercise your rights, you may submit a request by our Privacy Request Form or via telephone by calling 888-573-6395.

You may exercise these rights free of charge. These rights will be exercisable subject to limitations as provided for by the GDPR. Any requests to exercise the above listed rights may be made to: privacy@westmarine.com. If you are an EU or UK resident, you have the right to lodge a complaint with a Data Protection Authority about how we process personal information about you at the following website: https://edpb.europa.eu/about-edpb/board/members_en or https://ico.org.uk/.

International Transfers of personal information

Whenever we transfer personal information about you out of the EEA, we ensure a similar degree of protection is afforded to it by using a solution that enables lawful transfer of personal data to a third country in accordance with Article 45 or 46 of the GDPR (including the European Commission Standard Contractual Clauses).

For additional information on the mechanisms used to protect personal information about you, please contact us at privacy@westmarine.com.

9. Notice of Financial Incentive 

If you are a California resident, starting from January 1, 2020, you have a right to receive this Notice of Financial Incentive, as defined in the California Consumer Privacy Act (CCPA) of 2018, Civil Code §1798.100. This Notice is to provide you with information regarding any financial incentive or "price or service difference" that we may provide in exchange for personal information about you.

In order to participate in our loyalty program, research, surveys, sweepstakes, contests, or promotions you may provide personal information from time to time, directly or indirectly, in exchange for cash, gift cards, or other financial incentive, or price or service difference, the amount or nature of which will be specified in each instance at the time the personal information is to be submitted.

If you subsequently wish to withdraw/opt-out of our loyalty program, you can do so by sending an email to privacy@westmarine.com.

Each financial incentive or price or service difference related to submission and use of consumer personal information is based on our reasonable but sole determination of the estimated value of such information, which takes into consideration, without limitation, estimates regarding the revenue generated from such information, the participated expenses which might be incurred in the collection, storage and use of such information in operation of our business, and other relevant factors related to the estimated value of such information to our business, as permitted under the CCPA.

If you have any further questions regarding this Notice, please contact privacy@westmarine.com.

10. How do I Stop Receiving Marketing Communications?

We will only send you marketing communications if you have agreed to this, or if we are otherwise permitted by law. If at any time that you no longer wish to receive marketing communications from us, you may opt by clicking on the relevent ‘unsubscribe’ link in the emails you receive or by contacting us using the details found in the section "How do I contact West Marine."

Please note, while we will honor your request to stop receiving marketing communications, we will continue to send you service-related communications such as emails confirming purchases through the website.

11. Information Security

We understand that you care how personal information about you is used and/or shared with others, and we value your trust and seek to safeguard personal information about you.

We implement appropriate technical and organizational security measures, including physical, administrative and technical safeguards to protect personal information about you from unauthorized access, use and disclosure.

The measures we use to protect personal information about you are designed to provide a level of security appropriate to the risk of processing personal information about you. However, please be aware that no electronic transmission of information can be entirely secure. We cannot guarantee that the security measures that we have in place to safeguard personal information will never be defeated or fail, or that those measures will always be sufficient or effective.

12. Protection of Children's Personal Information

You must be aged 13 or over to use West Marine sites and our other digital offerings.

We take your privacy very seriously and we understand the importance of taking extra precautions to protect the privacy and safety of children who use our products and services. We do not solicit or knowingly collect personal information from children aged 13 and under. If we are made aware that we have received such information, or any information in violation of our policy, we will use reasonable efforts to locate and remove that information from our records.

California Minors: If you are a California resident who is under age 18 and you are unable to remove publicly available content that you have submitted to us, you may request removal by contacting us at: privacy@westmarine.com. When requesting removal, you must be specific about the information you want removed and provide us with specific information, such as the URL for each page where the information was entered, so that we can find it. We are not required to remove any content or information that: (1) federal or state law requires us or a third party to maintain; (2) was not posted by you; (3) is anonymized so that you cannot be identified; (4) you don't follow our instructions for removing or requesting removal; or (5) you received compensation or other consideration for providing the content or information. Removal of personal information about you from the Services does not ensure complete or comprehensive removal of that content or information from our systems or the systems of our service providers. We are not required to delete the content or information posted by you; our obligations under California law are satisfied so long as we anonymize the content or information or render it invisible to other users and the public.

13. Data Transfers

In order to provide our services, we may need to transfer and process personal information about you internationally (including to destinations outside the country in which you are located).

As a result, your information may be transferred to and/or processed in countries which may not guarantee the same level of protection for personal information as the country in which you reside. However, we have taken appropriate safeguards to ensure that personal information about you will remain protected in accordance with this Notice.

Further information can be provided on request: please contact us using the details found in the section "How do I contact West Marine?" We have also implemented similar appropriate safeguards with our third party service providers and partners and further details can be provided upon request.

14. Does This Notice Ever Change?

West Marine reserves the right to change this Privacy Notice at any time. If we make changes, we will post the changes to this page, and will indicate the date the changes go into effect. We encourage you to review our Privacy Notice to stay informed. If we make changes that materially affect your privacy rights, we will notify you via email and/or by prominently posting notice on the Services and obtain your consent, if required.

Our Privacy Notice applies only to West Marine and not to other companies' or organizations' sites to which we link or to which you otherwise provide your information during your relationship with us.

15. How Do I Contact West Marine?

We have taken great measures to ensure that your visit to the website is an excellent one and that your privacy is respected. If you have any questions, comments, or concerns about our privacy practices and/or would like to submit a privacy request, please contact us either:

  • Via email at privacy@westmarine.com and/or
  • Via toll free telephone at 1-888-573-6395 and/or
  • Via postal mail at: West Marine Products, Inc., Attn: Privacy Inquiries, 1 East Broward Blvd Suite 200, Fort Lauderdale, FL 33301