Privacy Policy for ActiveCaptain Community, the ActiveCaptain Mobile Application, OnDeck, HomePort and Garmin QuickDraw Community

Last updated: September 15, 2020

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Your privacy is important to Garmin. We developed this Privacy Policy to provide you with information on how we and our subsidiary, Garmin Services, Inc. (“Garmin Services”), process your personal data when you use our marine websites and applications.

Other Garmin websites, apps and products that do not include a link to this Privacy Policy and include a link to a different Garmin privacy policy are governed by that privacy policy.

“Personal data” is information relating to an identified or identifiable natural person.

To jump to a specific section of this Privacy Policy, please click on a link below:

Categories of Personal Data Processed by Garmin

Personal data that is processed when you create a Garmin account:

When you create a Garmin account, we ask you to provide your email address and name. You can choose to provide only your first name or a nickname instead of your full name if you wish.

Purposes and Legal Grounds:

(a) Garmin processes your email address because you use your email address and your password to sign in to your account. The legal ground for processing your email address for this purpose is based on Garmin’s legitimate interest in protecting the security of your account.

(b) Garmin also processes your email address for the purpose of sending you important information about your Garmin products, apps or account, such as important safety information or material changes to this Privacy Policy. The name you provide is associated with your account profile and is displayed when you submit comments. The legal ground for processing your email address and name for these purposes is Garmin’s legitimate interest in providing you important safety or other information about your Garmin products, apps or account or material changes to this Privacy Policy, and in providing you an opportunity to engage with other Garmin users.

(c) If you provide your opt-in consent to receiving marketing information from Garmin, Garmin will also process your email address for the purpose of sending you marketing information about Garmin products and apps. The legal ground for processing your email address for this purpose is your consent. You may withdraw your consent at any time by changing your (preferences)[https://www.garmin.com/en-ZA/account/] in your Garmin account or through the unsubscribe link at the bottom of our marketing emails. The marketing emails you receive from Garmin are based on the preferences you provide in your Garmin account, the locale indicated by your Internet Protocol (IP) address, the types of Garmin devices you have added to your Garmin account, and any subscriptions included in your Garmin account. The legal ground for processing this data for this purpose is Garmin’s legitimate interest in reducing the number of marketing emails sent to each particular customer by selecting which customers receive a particular marketing email rather than sending every marketing email to every customer who has consented to receiving marketing emails.

(d) Garmin also processes your email address to associate it with your Garmin account when you interact with our customer support representatives. The legal ground for this processing is our legitimate interest in providing quality customer support.

(e) Garmin also processes your email address to notify customers when they have violated the terms of use. The legal ground for this processing is our legitimate interest in ensuring a quality experience for all customers and ensuring adherence to the terms of use.

Personal data that is processed when you communicate with Garmin:

When you interact with our customer support representatives via email, telephone, online or in person, we collect personal data, such as your name, mailing address, phone number, email address and contact preferences; and information about the Garmin products you own, such as their serial numbers and date of purchase. We also may create event logs that are useful in diagnosing product or app performance-related issues, and capture information relating to the support or service issue. To improve customer service, subject to applicable laws, we may also record and review conversations with customer support representatives, and analyze any feedback provided to us through voluntary customer surveys. With your consent, our customer support representatives may sign in to your Garmin account, if appropriate, to help troubleshoot and resolve your issue.

Purpose and Legal Ground:

We use this information to provide you with customer and product support and to monitor the quality and types of customer and product support we provide to our customers. The legal ground for processing this information for these purposes is Garmin’s legitimate interests in providing quality product support. The legal ground for signing in to your Garmin account, if appropriate, to help troubleshoot and resolve your issue is consent, which you may withdraw at any time.

Personal data that is processed when you participate in the ActiveCaptain Community through the website or mobile app:

When you add reviews or comments to markers, we process your captain name to identify the author of the review or comment. The legal ground for processing this information for this purpose is your consent. You may revoke your consent at any time by deleting the review or comment or by deleting your Garmin account. When you are awarded points for contributions, we process your email address to add the points to your Garmin account. We also process your captain name to display the number of points you have accrued. When you upvote a review or comment, we process your email address to ensure that your vote is counted only once.

Purpose and Legal Ground:

The legal grounds for processing this information for these purposes is Garmin’s legitimate interest in providing rewards to users for contributing and actively participating in the ActiveCaptain Community.

Personal data that is processed when you participate in the Garmin Quickdraw Community through the website or mobile app:

When you upload survey data to the Garmin Quickdraw Community, we process the location data from that survey data to add the data to the Quickdraw Contours available in the Garmin Quickdraw Community. Additionally, when you search for contours within a certain area, we process the location you enter to find contours within the specified area.

Purpose and Legal Ground:

The legal ground for processing this information for these purposes is performance of a contract.

Personal data that is processed when you purchase, register, or update charts or devices:

When you purchase, register, or update charts or devices, we process authentication credentials and device information, such as device identifiers.

Purpose and Legal Ground:

(a) When you register a purchased retail map card or purchase charts via a mobile app store, we process authentication credentials and device information to activate the product that you have purchased and allow download of the content. The legal ground for processing this information for this purpose is performance of a contract.

(b) When you register your chartplotter, built-in maps, or accessory device(s) either automatically or manually, we process your authentication credentials and device identifier(s) to register the products to your account. The legal ground for processing this information for this purpose is Garmin’s legitimate interests in providing quality customer support and warranty service.

(c) When you connect to a device through the app, we process device information, such as part number and firmware version, to notify you of any available updates. The legal ground for processing this information for this purpose is Garmin’s legitimate interests in providing you with updated firmware and a quality product experience.

Personal data that is processed when you sync your data to your Garmin account:

When you upload your waypoints and routes to your Garmin account, we process this information to keep your data synced between all of your devices.

Purpose and Legal Ground:

The legal ground for processing this information for this purpose is performance of a contract.

Personal data that is processed when you claim your business via the ActiveCaptain Business Program:

When you claim your business via the ActiveCaptain Business Program, we ask you to provide your ActiveCaptain account information and your name. If you wish to grant or revoke access to additional business users, we ask you to provide their ActiveCaptain names.

Purpose and Legal Ground:

Garmin processes your ActiveCaptain account information and name for the purposes of associating the business and its associated Points of Interest (POI) within the ActiveCaptain Community to your account. Garmin processes the additional business users’ ActiveCaptain names to grant or revoke the business users’ access to perform management of the associated POIs, such as adding or removing promotions or ads. The legal ground for these processing activities is performance of a contract.

Personal data that is processed when you purchase a subscription:

When you purchase a subscription, such as OnDeck or ActiveCaptain Business Program, we collect information such as your name, business name, email address, billing address, and telephone number. A third party, WorldPay, processes your payment card information when you purchase a subscription. We recommend that you carefully review WorldPay’s Privacy Policy.

Purposes and Legal Grounds:

(a) Garmin Services processes your email address for the purposes of associating it with your subscription and to send you billing and other information about your subscription. The legal ground for processing your email address for these purposes is performance of the subscription contract.

(b) Garmin Services processes your email address for purposes of sending you subscriber retention emails if you reside in the U.S. and do not opt out of receiving such emails or if you reside outside of the U.S. and opt in to receiving such emails. The legal ground for this processing is your consent, which you may withdraw at any time.

Personal data that is processed when you use the OnDeck product and services:

When you use the OnDeck service, we may collect information such as name, email address, or phone number for desired contacts or owners.

Purpose and Legal Ground:

Garmin processes information about your desired contacts or owners to send notifications as you configure in your account. The legal ground for this processing is performance of the subscription contract.

Personal data that is processed when you are an emergency contact on someone’s Garmin account:

If a Garmin user adds you as an emergency contact to their Garmin account, they provide us your phone number or email address.

Purpose and Legal Ground:

We use this information to notify you of an incident involving the Garmin user. The legal ground for processing this information for these purposes is our legitimate interest in enabling our users to notify their emergency contacts if they are involved in an incident and need assistance.

Categories of Recipients of Personal Data

Your emergency contacts:

If you provide emergency contacts to Garmin to be used in the event that an accident is detected or reported and you are involved in an incident that is detected by your Garmin device, we will send a notification with information about the incident, such as location, to your chosen emergency contacts via SMS or email.

ActiveCaptain business owners:

If you interact with a link provided on a claimed business POI, such as a “Contact Us” or “Like us on Facebook” button, the business owner may collect personal information once you are redirected to the destination of the link. We encourage you to carefully review the privacy policies of the destination pages. Business owners are provided aggregated daily POI views for their claimed business POIs.

Service providers:

Garmin Services uses Google address verification to ensure that billing addresses are entered correctly when setting up subscription services. Garmin Services may also employ third parties to perform debt collection services for delinquent accounts.

Other disclosures:

We may disclose personal data about you to others: (a) if we have your valid consent to do so; (b) to comply with a valid subpoena, legal order, court order, legal process, or other legal obligation; (c) to enforce any of our terms and conditions or policies; or (d) as necessary to pursue available legal remedies or defend legal claims.

We may also transfer your personal data to an affiliate, a subsidiary or a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of Garmin’s business, assets or stock, including, without limitation, in connection with any bankruptcy or similar proceeding, provided that any such entity that we transfer personal data will not be permitted to process your personal data other than as described in this Privacy Policy without providing you notice and, if required by applicable laws, obtaining your consent.

Transfers of Personal Data

Garmin is a global business. To offer our products, apps and services, we may need to transfer your personal data to other Garmin companies in other countries. View Garmin-owned companies. For customers outside of China, when you create a Garmin account, add personal data in your account profile, or upload data to your Garmin account, your personal data will be collected and stored on Garmin International Inc.’s servers in the U.S. and Garmin (Europe) Ltd.’s servers in the U.K. For customers in China, when you create a Garmin account, add personal data in your account profile, or upload data to your Garmin account, your personal data will be collected and stored on Garmin China Shanghai RHQ Co. Ltd.’s servers in China.

Personal data regarding individuals who reside in a country in the European Economic Area (“EEA”), United Kingdom (“U.K.”), or in Switzerland is controlled by Garmin Würzburg GmbH and processed on its behalf by Garmin International, Inc., Garmin Services, Inc., and Garmin AT, Inc.

Garmin International, Inc., Garmin Services, Inc., and Garmin AT, Inc. comply with the EU-U.S. and Swiss-U.S. Privacy Shield principles regarding the collection, use, sharing and retention of personal information from the EEA, U.K. and Switzerland, as described in our EU-U.S. Privacy Shield certification and Swiss-U.S. Privacy Shield certification. Learn more about Privacy Shield.

Garmin International, Inc., Garmin Services, Inc., and Garmin AT, Inc. are subject to the oversight of the U.S. Federal Trade Commission and remain responsible for personal data transferred to third parties that process it on our behalf. If you have a complaint about our Privacy Shield compliance, please contact us at [email protected] You can also refer a complaint to our chosen independent dispute resolution body, JAMS, and in certain circumstances, invoke the Privacy Shield arbitration process.

All Garmin companies are required to follow the privacy practices set forth in this Privacy Statement.

Cookies and Similar Technologies

Websites:

To help analyze how you and other visitors navigate Garmin’s websites, compile aggregate statistics about site usage and response rates, help diagnose any problems with Garmin’s servers and administer Garmin websites, we, with assistance from third-party analytics service providers, collect certain information when you visit our site. This information includes IP address, geographic location of the device, browser type, browser language, date and time of your request, time(s) of your visit(s), page views and page elements (e.g., links) that you click. We may use cookies, pixel tags, web beacons, clear GIF’s or other similar tools on our site or in our email messages to assist us in collecting and analyzing such information. We use this information to provide better, more relevant content on our site, to identify and fix problems, and to improve your overall experience on our site.

If you do not want information collected through the use of these technologies, there is a simple procedure in most browsers that allows you to automatically decline many of these technologies, or to be given the choice of declining or accepting them.

If you reside in the European Union or other jurisdiction that requires us to obtain your consent to use cookies on our sites then you will have an opportunity to manage your cookie preferences on the sites; except that certain cookies are required to enable core site functionality and you cannot choose to disable those cookies.

HomePort, OnDeck and BaseCamp:

We also collect data from users about their usage of HomePort, OnDeck and BaseCamp. The types of analytical information that are collected include the date and time the application accesses our servers, software version, the location of the device, language setting, what information and files have been downloaded to the app, user behavior (e.g. features used, frequency of use), device state information, device model, hardware and operating system information, and information relating to how the app functions. Garmin uses this data to improve the quality and functionality of the applications; to develop and market products and features that best serve you and other users; and to help identify and fix app stability issues and other usability problems as quickly as possible.

The legal ground for processing this analytical information is our legitimate interest in understanding how our customers interact with our products, apps, and websites so we can enhance the user experience and functionality of our products, apps, and websites.

Here are examples of third-party providers of analytics and similar services we currently use:

Analytics Services:

  • Google: Google Analytics and Google Data Studio are used to track site statistics and user demographics, interests and behavior on websites. We also use Google Search Console to help understand how our website visitors find our website and to improve our search engine optimization. Find out more information about how this analytics information may be used, how to control the use of your information, and how to opt-out of having your data used by Google Analytics.

  • HockeyApp; Firebase (Crashlytics): HockeyApp, which is a Microsoft service, and Firebase (Crashlytics), which is a Google service, are used to help us better understand usage of Garmin apps to improve user experience and to identify and resolve the root causes of app crashes.

  • Flurry: Flurry, a Yahoo service, is used to help us better understand usage of Garmin mobile apps, such as the Garmin ActiveCaptain app, to improve user experience.

  • Hotjar: This site uses Hotjar web analytics. Hotjar helps us measure and evaluate site usage behavior, such as mouse clicks, mouse movements, keystrokes (excluding personally identifiable information), scrolling activity, and pages visited and actions taken on the site. For more information, view the Hotjar privacy policy. You can opt-out of having Hotjar track your site usage behavior.

  • Loggly; Datadog; New Relic: Loggly, a SolarWinds service, Datadog, and New Relic are used to help us better understand usage of our mobile applications and websites, improve user experience, and troubleshoot issues.

Tag Management:

Garmin uses Tealium IQ Tag Management to help manage the various analytics services and cookie and pixel tag technologies Garmin uses to measure website usage. To provide such services, Tealium receives basic server log information from users of Garmin’s websites (e.g., IP address, browser and operating system information).

Privacy Policy Updates

We may update this Privacy Policy from time to time as we add new products and apps, as we improve our current offerings and as technologies and laws change. You can determine when this Privacy Policy was last revised by referring to the “Last updated” legend at the top of this page. Any changes will become effective upon our posting of the revised Privacy Policy.

We will provide notice to you if these changes are material and, where required by applicable law, we will obtain your consent. This notice will be provided by email or by posting notice of the changes on the Garmin websites and apps that link to this Privacy Policy.

Retention of Personal Data

We will retain your personal data as long as your Garmin account is considered to be active. In addition, see below under “Your Rights” for a description of your right of erasure.

Data Controller and Data Protection Officer

If you reside in a country in the EEA, U.K. or Switzerland, then your personal data collected by Garmin is controlled by Garmin Würzburg GmbH, which is located at Beethovenstraße 1a+b, 97080 Würzburg, Germany. The company's EU Data Protection Officer is located at the same address and can be reached by email at [email protected]

If you reside in China, then your personal data collected by Garmin is controlled by Garmin China Shanghai RHQ Co. Ltd, located at 37F, Tower A, New CHJ International Business Center, No 391, Guiping Road, Xuhui District, Shanghai 200233, China, which you can contact by email at [email protected]

If you reside outside of the EEA, U.K., Switzerland and China, then the personal data collected by Garmin is controlled by Garmin International, Inc., 1200 E. 151st St., Olathe, Kansas 66062, which you can contact by email at [email protected]

Your Rights

If you reside in the European Union or U.K., you have the right under the General Data Protection Regulation (GDPR) or U.K. Data Protection Act 2018 to request from Garmin access to and rectification or erasure of your personal data, data portability, restriction of processing of your personal data, the right to object to processing of your personal data, and the right to lodge a complaint with a supervisory authority. For more information about these rights, please visit the European Commission’s “My Rights” page "“My Rights” page") relating to GDPR, which can be displayed in a number of languages. If you reside outside of the European Union and U.K., you may have similar rights under your local laws.

To request access to or rectification, portability or erasure of your personal data, or to delete your Garmin account, visit Account Management Center.

If you live in the European Union or U.K. and you wish to exercise your right to restriction of processing or your right to object to processing, contact Garmin’s EU Data Protection Officer at Garmin Würzburg GmbH at Beethovenstraße 1a+b, 97080 Würzburg, Germany, or by email at [email protected]

If you live in China and you wish to exercise any of your data subject rights, please contact Garmin China Shanghai RHQ Co. Ltd. at [email protected]

If you do not live in the European Union, U.K., or China, but you believe you have a right to exercise these or any other rights under your local laws, please contact Garmin International, Inc. at [email protected]

Notice for California Residents of Privacy Practices and Rights

If you are a California resident, California law may provide you with additional rights regarding your personal data. To learn more about your California privacy rights, visit the CCPA Privacy Notice.

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