Privacy Policy

Malibu Boats LLC Privacy Policy

Effective Date: August 1, 2013

Malibu Boats, LLC (“Malibu Boats”, “we”, “us” “our”) appreciates your interest in its products and your visit to its website, malibuboats.com (the “Website”) and related services (“Services”). This online privacy statement tells you about the information Malibu Boats collects through the services available on our Website, how we use that information, and how you can opt out of certain uses of information we may collect.

By using our services and accessing our Website, you are consenting to the information collection and use practices described in this online privacy statement, as modified from time to time by us. If we decide to change this online privacy statement, we will post a new online privacy statement on our Website and change the date at the top of the online privacy statement. Therefore, we encourage you to check the date of our online privacy statement whenever you visit this Website for any updates or changes.

1. Information We Collect

We collect three types of information on our Website: Personal Information, Non-personal Information and Aggregate Information.

“Personal Information” is information that identifies an individual or is directly associated with a specific person, such as a customer´s name, mailing address, telephone number, email address, credit card number, or information about activities which can be directly linked to that person, such as his or her purchases. For the purposes of this privacy statement, Personal Information does not include “aggregate” information.

“Aggregate information” is data about use of our Website, such as pages visited on our Website. Aggregate information helps us understand trends and customer needs so that we can better consider new products and services, and tailor existing products and services to customer desires.

“Non-personal Information”, which is information about you that does not itself identify you individually. Examples of Non-personal Information include age range and gender.

Methods of Collection:

Cookies

We may use cookies on our Website, or permit third parties to use them. A cookie is a small text file sent from a website and stored on a user’s computer while a user is browsing a website. When the user browses the same website in the future, the data stored in the cookie can be retrieved by the website to notify the website of the user’s identity and/or previous activity. Depending on browser settings, cookies can be saved on a user’s hard drive, or can be restricted to the computer’s memory, where it is removed once the browser is closed. Malibu Boats uses cookies to identify specific machines in order to gather aggregate data on how visitors are utilizing our Website. In some cases cookies might be used to identify a specific visitor, or to facilitate the processing of a transaction. You can disable or limit cookies via your browser settings, but doing so may limit the availability of Services on the Website.

Pixel Tags and Web Beacons

We may use Pixel Tags on our Website and may permit third parties to place them on our Website to monitor the effectiveness of advertising or for other legitimate purposes. A Pixel Tag, also known as a “Web bug”, is a small, graphic image on a Web page, Web-based document, or in an e-mail message that is designed to allow the Website owner or a third party to monitor who is visiting a Website or accessing such document or message. Web beacons are often invisible to the visitor because they are typically very small (only 1-by-1 pixel) and the same color as the background of the Web page, document, or email message. Web beacons collect the IP address of the computer that the Web beacon is sent to, the URL of the page the Web beacon comes from, and the time it was viewed. Web beacons can also be linked to Personal Information. For example, advertising networks use Web beacons to add information to a personal profile of what sites a person is visiting and to determine what banner ads to display based on the profile. Another use of Web beacons is to provide an independent accounting of how many people have visited a particular website. Web beacons are also used to gather statistics about Web browser usage at different places on the Internet.

IP Address and Click-Stream Data Collection

Malibu Boats may collect IP addresses and/or click-stream data for market research, for purposes of system administration and to report aggregate information. An IP address is a number that is automatically assigned to your computer whenever you access the Internet. Our servers identify your computer by its IP address. When you request web pages from our Website, our servers log your IP address. Click-stream data is information collected by our servers when you request pages from our Website. Click-stream data may include such information as the page served, the time, the source of the request, the type of browser making the request, the preceding page view, and other such Non-Personal Information. When analyzed, this data helps us analyze how visitors arrive at our Website, what type of content is most popular, what type of visitors in the aggregate are interested in particular kinds of content, and the like.

Information Submitted by You

When you visit the Website or engage in Services provided by Malibu Boats, we may collect Personal Information from you. For example:

(a) Customer Service Correspondence: We may collect information that identifies you personally when you submit comments, questions, or suggestions to our Customer Service department.

(b) Transactions: We collect Personal Information to fulfill an order you place on our Website for Malibu Boats-branded items. Such information would include name and address, credit card number and expiration date, and billing address.

(c) Communications or Submissions: From time to time, you may be asked to submit Personal Information to Malibu Boats for use of the Website or Services.

2. How We Use and/or Disclose Your Personal Information

Use of Cookies

We use cookies to enable Malibu Boats to automate access and data entry functions of our Website and track use of the Website to determine those areas which are useful or popular and those that are not, thereby enabling us to improve and update the Website effectively. Once a visitor has registered on our Website, Malibu Boats may elect to use cookies to track a specific visitor. We use this information to enhance the visitor experience during future visits to our Website. We might also collect information on the browser type including plug-in versions, for example Flash or QuickTime. Another example of information we might capture is the URL where a visitor is entering or exiting our Website.

Disclosure of Information

Except as disclosed in this statement, we do not sell or disclose Personal information or information that makes it possible for other parties to contact you directly without your consent.

We may use, sell, disclose, or otherwise dispose of Personal Information we collect in the following circumstances:

(a) Response to Inquiries: We use return email addresses to answer the email inquiries we receive. We may also use these email addresses to provide order status and order tracking information, and to respond to queries.

(b) Purchase Inquiry: We use the information you provide about yourself during Purchase Inquiry to contact you regarding your inquiry. We do not share this information with parties other than the Malibu Boats Dealer you have specified during your inquiry.

(c) Transaction Processing: We may use your Personal Information to create a convenient and easy-to-use shopping process that includes an online “shopping cart” that allows you to track selected products and proceed through purchase. We use the information you provide about yourself when placing an order to complete that order. Also, we may share transactional information with entities as is necessary to process credit card payments or implement other purchasing or delivery systems. We may use your email address to communicate with you or notify you of special offers or programs you might find of interest.

(d) Companies that work for or with Malibu Boats: We may share Personal Information with entities that work for us for the sole purpose of providing you with services you´ve requested, including but not limited to fulfilling your requests or processing your transactions. In addition, we may share Personal Information with companies that work for us to provide marketing and other services, including providing offers that may be of interest to you. We may also share your Personal Information with non-affiliated persons and entities with whom we have entered into a joint marketing agreement, where we together market either our products or those of our marketing partner. We enter into contractual agreements with these companies prohibiting them from disclosing or using our customer information other than to carry out the purposes for which the information was disclosed. These companies are in no way authorized to sell, rent or trade your Personal Information. While there are such contractual obligations in place, we cannot and do not guarantee that a third party will not breach its contractual obligations and use your Personal Information in a way contrary to this privacy policy.

(e) Legal Requirements: We may disclose Personal Information: (a) to conform with the law, respond to claims, or comply with legal process served on Malibu Boats (e.g., a lawful subpoena, warrant, or court order); (b) to enforce or apply our policies or agreements (including to initiate, render, bill, and collect for amounts owed to us); (c) to protect and defend our or our visitor´s rights or property, the Website, our employees, visitors, or the public; or (d) if we reasonably believe that an emergency involving immediate danger of death or serious physical injury to any person requires disclosure of communications or justifies disclosure of records without delay.

(f) Acquirers and/or Business Transactions: We may disclose and/or transfer your Personal Information to an acquirer, assignee or other successor entity in connection with a sale, merger, acquisition, or reorganization of all or substantially all of the equity, business, or assets of Malibu Boats to which your Personal information relates.

3. Control Over Your Personal Information

Disabling Cookies You may adjust your Web browser to either alert you of the use of cookies or refuse to accept cookies. For Internet Explorer or AOL users, you can click on the Start button and then select Control Panel, Internet Options, and the Security tab. If you click on the Custom button, you will be able to see the cookie options. For Netscape users, in the browser, select File, Preferences, and then Advanced to view the cookie options. Be aware that if you elect not to accept cookies, the Website may not function properly or may not permit access.

Accessing and Updating Your Information

You may update or correct your personal information by email at info@malibuboats.com or call us at (865)-458-5478.

Opt-Out

If you do not want your personal information to be made available to any third party for their marketing purposes, please contact us at info@malibuboats.com so we can block your data accordingly. Note, however, that certain services and/or functions of our Website may not be available if you elect to block your personal information. If, in connection with your use of a particular service, we ask to use your personal information in a way not described in this online privacy statement and you do not wish to permit that use, you can choose not to use that particular service. Otherwise, your use of such service will be your consent to the use of your personal information in the way described.

Email Communication

If you are currently on our mailing list and would prefer not to receive further information from us, [click here]. Note that we nonetheless reserve the right to send you communications in response to your inquiries, communications regarding any transactions you may enter into via the Website, and communications regarding the operation of the Website, including communications as may be required by law. To sign up for news, updates, and information from Malibu Boats via e-mail, click here.

4. Additional Terms

California Privacy Rights Under California’s “Shine the Light” law, California residents who provide Personal Information while obtaining products or services for personal, family, or household use are entitled, once per calendar year, to request and obtain from us information about the customer information we shared, if any, with other businesses for their own direct marketing uses. If applicable, this information would include the categories of customer information and the names and addresses of those businesses with which we shared customer information for the previous calendar year. To obtain this information on behalf of Malibu Boats, please e-mail us with “Request for California Privacy Information” in the subject line and in the body of your message. We will provide the requested information to you at your e-mail address in response.

Children’s Online Privacy Protection Act (COPPA) Our Website is a general audience Website that is not designed nor intended to collect Personal Information from children under the age of 13. Malibu Boats does not knowingly collect or maintain any Personal Information from children under the age of 13. In addition, no part of this Website is designed with the purpose of attracting any person under age 13. To respect the privacy of children and to comply with the Children’s Online Privacy Protection Act, children under the age of 13 should not provide any Personal Information on this Website. We ask that parents supervise their children while online.

5. Security

Malibu Boats uses commercially reasonable efforts to store and maintain Personal Information to protect it from loss, misuse, alteration, or destruction by any unauthorized party.

We exercise reasonable care to protect your Personal Information. This includes storing the Personal Information on our servers behind a secure firewall. Unfortunately, no data transmission over the Internet can be guaranteed to be 100 percent secure. So while we strive to protect your Personal Information, we cannot guarantee the security of any information you transmit to us or receive from us. This is especially true for information you transmit to us via email. We have no way of protecting that information until it reaches us. Once we receive your transmission, we maintain physical, electronic, and procedural safeguards to protect your Personal Information.

When registering for access to a secure area of our Website, we will ask you to select a Username and Password. We recommend that you do not divulge your Password to anyone. We will never ask you for your Password in an unsolicited phone call or in an unsolicited email. Also, remember to sign out of the registered area of our Website and close your browser window when you have finished.

Internally, we will limit access to Personal Information to those persons who need the information to provide products and services to you or maintain or service those products or services.

6. Links to Other Sites

Please be aware that we provide links to third-party sites as a service to our visitors, and that we are not responsible for the content or information collection practices of those sites. Please note that these sites´ privacy policies may differ from those of Malibu Boats. We encourage you to review and understand their privacy practices before providing them with information.

7. Jurisdiction

The Website is presented by Malibu Boats from within the United States, and Malibu Boats makes no representation that materials on the Website and/or Services are appropriate or available for use in locations outside the United States; access to them from territories where their contents are illegal is prohibited. Those who choose to access this Website from other locations do so on their own initiative and are responsible for compliance with applicable local laws.

Website Terms of Use

Please read the following terms and conditions of use of this website (the “Terms of Use”). These Terms of Use form a contract between you and Malibu Boats, LLC (“Malibu Boats,” “we,” “us,” “our”) that governs your access and use of the malibuboats.com website (the “Website”) and any of the services, content or information available via the Website (the “Services”). By accessing the Website or Services, you agree to be bound by the following Terms of Use. You understand, agree and acknowledge that these Terms of Use constitute a legally binding agreement between you and Malibu Boats and that your use of the Website and/or Services shall indicate your conclusive acceptance of this agreement.

IF YOU DO NOT AGREE TO THE TERMS OF USE, DO NOT USE THE WEBSITE OR SERVICES.

1. Provision of Services

Your use of the materials included on this Website is solely for information and shopping purposes. You agree not to distribute, publish, transmit, modify, display, or create derivative works of or exploit the contents of this Website in any way. You agree and acknowledge that Malibu Boats is entitled to modify, improve or discontinue any of its Services at its sole discretion and without notice to you even if it may result in you being prevented from accessing such Services. Furthermore, you agree and acknowledge that Malibu Boats is entitled to provide Services to you through subsidiaries or affiliated entities.

2. Proprietary Rights

All text, images, graphics, sound files, animation files, video files, and other materials contained on this Website, including their selection, coordination and arrangement, are protected by copyright, trade dress, trademarks, and/or other intellectual property owned or controlled by Malibu Boats, and/or third-party licensors. You agree to abide by any and all additional copyright notices, information or restrictions contained in any content on our Website.

Malibu Boats’ marks on this Website represent some of the marks currently owned or controlled in the United States and/or in one or more other countries by Malibu Boats. The display of these marks and of notices associated with these marks is not intended to be a comprehensive compilation of all Malibu Boats worldwide proprietary ownership rights, and Malibu Boats and/or its licensors may own or control other proprietary rights in one or more countries outside of the United States.

You may download and make one copy of the content and other downloadable items displayed on this Website solely for your personal, non-commercial use, provided that you maintain all copyright and other notices contained in such content. Copying or storing of any content for other than personal, non-commercial use is expressly prohibited without the prior written permission of Malibu Boats. Except as set forth in these Terms of Use, you may not copy, reproduce, modify, adapt, translate, republish, upload, post, transmit, distribute, sub-license, sell, reverse engineer, decompile, or disassemble any part of the Website or any Services without the prior written permission of Malibu Boats. Any third-party trademarks, service marks and logos are the property of their respective owners. Any further rights not specifically granted herein are reserved to Malibu Boats.

3. Submitted Content

Any material, information, or idea you transmit to or post on this Website by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by Malibu Boats or its affiliates for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products. Any material you submit to this Website will be deemed the subject of a grant of a royalty-free, non-exclusive right and license to use, reproduce, distribute, modify, display, transmit, adapt, publish, translate, create derivative works from, and distribute these materials throughout the universe in any medium and through any methods of distribution, transmission, and display whether now known or hereafter devised. In addition, you warrant that all so-called “moral rights” have been waived. You agree that you will not submit anything to the Website that will violate any right of any third party, including copyright, trademark, privacy, or other personal or proprietary right(s). You further agree that you will not post or transmit to this Website any unlawful, threatening, libelous, defamatory, obscene, pornographic or profane material, or any other material that could give rise to any civil or criminal liability under the law.

4. Accuracy of Website

All illustrations and specifications contained in this Website are based on the latest product information available at the time of publication. Malibu Boats reserves the right to make changes at any time, without notice, to colors, materials, equipment, specifications and models. Colors shown may not represent actual product colors due to variations in screen displays and printers. Illustrations may include test situations. Some vehicles may be shown with non-U.S. equipment. Some vehicles may be shown with optional equipment.

All prices shown are based upon U.S. Manufacturer´s Suggested Retail Price in U.S. dollars and do not include extra costs, such as, but not limited to, taxes, title fees, dealer charges, options, and destination. These prices are valid and effective only in the United States. For specific pricing, product availability, and program information, please visit your local Malibu Boats Dealer. Dealers are independent and are free to set their own prices. Malibu Boats reserves the right without prior notice to discontinue or change specifications on products and services offered on this Website.

5. Termination of Agreement

These Terms of Use will continue to apply until terminated. All indemnification obligations, disclaimers of liability, and disclaimers of warranties are to continue in perpetuity and shall be unaffected by any termination of this agreement.

6. Indemnification

You hereby agree to indemnify, defend, and hold Malibu Boats, and all its officers, directors, owners, agents, employees, information providers, affiliates, licensors, and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms of Use or the foregoing representations, warranties, and covenants, including, without limitation, attorney’s fees and costs.

7. Disclaimer of Warranties

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE AND/OR SERVICES IS ENTIRELY AT YOUR OWN RISK AND THAT THE WEBSITE, INCLUDING ALL SERVICES MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE, IS PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, MALIBU BOATS, LLC AND ITS SUBSIDIARIES, AFFILIATES AND SUPPLIERS MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER WITH RESPECT TO THE CONTENT ON THE WEBSITE OR ANY SERVICES MADE AVAILABLE VIA THE WEBSITE, FOR ANY THIRD-PARTY PRODUCTS OR SERVICES AVAILABLE VIA ANY LINKED THIRD-PARTY WEBSITE, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEBSITE OR ANY LINKED WEBSITE. FURTHER, MALIBU BOATS, LLC AND ITS SUBSIDIARIES, AFFILIATES AND SUPPLIERS DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE WEBSITE AND SERVICES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. MALIBU BOATS, LLC DOES NOT WARRANT THAT THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

8. Limitation of Liability

YOU UNDERSTAND AND AGREE THAT MALIBU BOATS, LLC AND ITS SUBSIDIARIES, AFFILIATES AND SUPPLIERS SHALL NOT BE LIABLE FOR YOUR USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, THE SERVICES AND ANY ERRORS CONTAINED THEREIN, AND SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MALIBU BOATS, LLC AND YOU. THIS WEBSITE AND THE SERVICES AVAILABLE VIA THE WEBSITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

9. External Content

The Website may include hyperlinks to third-party content, advertising or websites that are not under our control. You acknowledge and agree that Malibu Boats is not responsible for and does not endorse any advertising, products or resource available from such resources or websites. You access these hyperlinks at your own risk.

10. Jurisdiction

The Website is presented by Malibu Boats from within the United States, and Malibu Boats makes no representation that materials on the Website and/or Services are appropriate or available for use in locations outside the United States; access to them from territories where their contents are illegal is prohibited. Those who choose to access this Website from other locations do so on their own initiative and are responsible for compliance with applicable local laws.

You expressly understand and agree to submit to the personal and exclusive jurisdiction of the courts of the country, state, province or territory determined solely by Malibu Boats to resolve any legal matter arising from this agreement or related to your use of the Website and/or Services. If the court of law having jurisdiction, rules that any provision of the agreement is invalid, then that provision will be removed from the Terms of Use and the remaining Terms of Use will continue to be valid. You agree that unauthorized use of the Website or Services could cause irreparable harm and in the event of your unauthorized use, Malibu Boats shall be entitled to injunctive relief in addition to other remedies available at law or in equity.

11. Privacy

You understand that any personal information collected by or submitted to Axis Wake Research via the Website will be treated in a manner outlined by the terms of the Privacy Policy Agrement.

12. Entire Agreement

You understand and agree that these Terms of Use, in conjunction with the Privacy Policy and all other statements, policies, disclaimers and other terms contained in this Website, constitute the entire understanding between you and Malibu Boats with respect to your use of this Website and/or Services, and supersede all prior or contemporaneous communications, whether electronic, oral, or written, between you and Malibu Boats. You may be subject to additional terms and conditions displayed on the Website when you use, purchase or access other products, services, affiliate services or third-party content or material.

13. Changes to the Terms of Use

Malibu Boats reserves the right, at its sole discretion, to change, modify, add, or remove any portion of these Terms of Use, in whole or in part, at any time. Notification of changes to these Terms of Use will be posted on this Website. Malibu Boats may change, suspend or discontinue any aspect of this Website at any time, including the availability of any Services or product. Malibu Boats may also impose limits on certain Services or restrict your access to parts or all of this Website without notice or liability. By using this Website, you agree to be bound by any such revisions and should therefore periodically visit the page to determine the current Terms of Use to which you are bound.

14. Contact

Provider Malibu Boats, LLC Customer Assistance Center 5075 Kimberly Way Loudon, TN 37774 (865)-458-5478 E-mail Us service@malibuboats.com

15. Effective Date: 07.10.2012

16. Last Updated: 08.1.2013

©2013 Malibu Boats, LLC. All rights reserved.