Privacy Policy

INTRODUCTION

Thank you for visiting Fountainpowerboats.com, which is owned and operated by Fountain Powerboats, Inc.  (“Fountain”). Protecting the privacy of visitors to our site is very important to us, and we have undertaken the necessary steps to protect personal information.

We are committed to collecting, maintaining, and securing personal information about you in accordance with this policy, as well as applicable laws, rules, and regulations.

TYPES OF INFORMATION COLLECTED AND USED

Fountain may collect and use three types of information from you online:

• “Personal Information” means information about an identified or identifiable person, including a person’s name, address, telephone number, e-mail address, or other identifying information.
• “Automatically Collected Data” includes information collected automatically through your use of our website and/or other electronic communications with Fountain, including IP addresses, originating domain names, and data regarding the date, time, and length of use of a website.
• “Aggregate Data” means aggregated statistical information about Automatically Collected Data (e.g. number of website users within a particular geographic area or time period, average time spent on this website, etc.), which does not include any personal identifiers.

COLLECTION AND USE OF PERSONAL INFORMATION

How we collect personal information

We may collect Personal Information about you through certain forms available on this website in connection with (a) comments that you submit, (b) your requests for product samples or quotes, (c) your requests for information on careers with Fountain or how to become a Fountain distributor, (d) your purchase of Fountain products (e.g. apparel), and (e) and any other forms that may appear or transactions that may occur through this website in connection with legally authorized marketing, operational, and financial activities of Fountain. We also may collect Personal Information through social media platforms that you connect to or interact with through our website or our social media accounts (e.g. Facebook, Twitter, Google+, YouTube, Instagram, LinkedIn, etc.).

HOW WE USE PERSONAL INFORMATION

We may use Personal Information collected through this site:

• To better understand your needs and to respond to your requests for information;
• To help us improve our products and services, as well as this website;
• To communicate with you and to fulfill transactions with you (e.g. product purchases) and other legitimate business purposes (e.g. interactions with current or potential distributors);
• To interact with you through this website, through email, or through social media; and
• To provide you with information or updates about our products, promotions, or this website, as well as other information that you might find useful or interesting;

DISCLOSURE OF PERSONAL INFORMATION

We may share Personal Information:

• With our business partners and affiliates for legitimate business purposes;
• With our sales representatives and distributors who market or sell Fountain products;
• With third parties (e.g. technicians, credit card processors) who perform services on our behalf;
• In connection with the sale, assignment, or other transfer of our business;
• In response to a subpoena or other legal process, or lawful requests of government agencies or where required by applicable laws, court orders, or government regulations; and
• When needed for corporate audits or to investigate or respond to a complaint or security threat.

YOUR CHOICE REGARDING PERSONAL INFORMATION

Fountain only collects your Personal Information if you choose to give it to us. We will not sell or otherwise disclose your Personal Information to any unaffiliated businesses for direct marketing or other commercial purposes unless we provide clear notice to you and obtain your consent for your Personal Information to be shared in this manner. You also have the choice of opting out of receiving emails from us by following the instructions in such emails to remove yourself from distribution lists. You also may request access, correction, or deletion of your Personal Information in our records by sending an email or letter with your name and contact information to Fountain at the contact information provided below. Fountain will use reasonable efforts to respond in a timely manner to such requests that we receive.

SECURITY

We follow generally accepted industry standards to secure Personal Information, and we will take reasonable precautions to protect Personal Information from loss, misuse, and unauthorized access, disclosure, alteration, and destruction. However, Fountain makes no guarantee and disclaims all liability and damages caused by such occurrences. Information transmitted via the Internet or e-mail is not 100% secure. Therefore, you should use caution when submitting Personal Information. You are responsible to take necessary precautions to protect Personal Information you submit, such as using a secure browser and connection and using up-to-date anti-virus software.

DATA INTEGRITY

We collect and use Personal Information only for the purposes for which it was originally collected, including those set forth in this Privacy Policy, or purposes subsequently authorized by you. To the extent reasonably possible, Fountain takes reasonable steps to try to ensure that Personal Information is accurate, complete, current, and otherwise relevant to its intended use. However, individual users ultimately are responsible to ensure that Personal Information they submit is accurate, complete, current, and relevant to its intended use.

RETENTION

We will use reasonable efforts to retain your Personal Information only during the period necessary to fulfill the purposes outlined in this Privacy Policy, unless a longer retention period is required or permitted by law.

ONLINE STORE

Our online store available on this website also may be used to collect Personal Information to process and complete transactions with you. For terms and conditions governing your access to and use of our online store as well as the collection and processing of credit card and other payment information, please refer to our Terms and Conditions of Use, which are incorporated by reference.

SENSITIVE INFORMATION

We do not knowingly collect through this website sensitive information that reveals race, ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, or a person’s criminal background, health, or sex life. We ask that you withhold such information from us entirely.

DATA PROCESSED AND STORED IN THE US

This website and the servers that are used to host and operate this website may be located in the United States. If you are outside the U.S., you acknowledge and agree that your information may be sent to and processed in the U.S. You also understand that the U.S. may not provide you with the same level of privacy rights or protections as the laws of your country.

COLLECTION AND USE OF AUTOMATICALLY COLLECTED DATA AND AGGREGATE DATA

WHAT AUTOMATIC AND AGGREGATE DATA IS COLLECTED

This website utilizes Google Analytics and other Google properties, which gathers Automatically Collected Data and generates Aggregate Data whenever you interact with this site. Such information might include:

• how often you visit our site;
• how long you were on our site;
• the location from which you accessed the site;
• what pages you visited, what search terms you used; and
• the website that you were on just before visiting our site.
• Google Analytics collects the IP address assigned to you on the date you visit this site, but does not collect your name, email address, or other Personal Information. An IP address is a number assigned to your computer whenever you access the Internet. IP addresses allow computers and servers to recognize and communicate with each other. Google Analytics may use your IP address to track the pages that you visit, your general location, and other information listed above. We do not combine the information collected through the use of Google Analytics with Personal Information.

HOW AUTOMATIC AND AGGREGATE DATA IS COLLECTED

Google Analytics uses tracking technologies such as cookies and web beacons to gather information about your use of and interaction with this website. A “cookie” is a piece of information that is stored automatically on your computer when you access certain websites. Google Analytics uses both session ID cookies (which expire after you close your browser) and persistent cookies (which remain on your computer after accessing a website). A “web beacon,” also known as an “action tag” or “clear GIF technology,” is an object embedded on a web page to check whether a user has accessed certain content.

Most browsers are set up to accept cookies, although most browsers also allow you to change the security settings in your browser to block and/or limit the use of cookies when you access this site. The most popular browsers also allow you to browse the Internet by opening the browser in “private” or “incognito” mode, which typically means that (i) searches you do, sites you visit, and files you download are not recorded in your browsing and download histories; and (ii) all new cookies are deleted after you close your private browsing window.” You can opt out of Google Analytics entirely by installing a browser add-on, available at the Google Analytics Official Website at https://www.google.com/analytics/

HOW WE USE AUTOMATIC AND AGGREGATE DATA

We may use Automatically Collected Data and Aggregate Data:

• to measure and analyze how visitors access and interact with our website;
• to improve the content, efficiency, and usability of our website.
• to analyze and to improve upon our own marketing efforts.

CHILDREN’S PRIVACY

This website is not intended for children under the age of 13, and we do not knowingly collect information from such children. If you are a parent or guardian who believes we have Personal Information about your child, please contact us using the contact information below. Fountain takes protection of children very seriously and strives to comply with all relevant laws, including the Children’s Online Privacy Protection Act of 1998 (“COPPA”) and all FTC rules and regulations under COPPA. To learn more about how to protect your child online, visit the FTC’s website.

CALIFORNIA RESIDENCES’ PRIVACY RIGHTS

This Privacy Notice for California Residents supplements the information contained elsewhere in our Privacy Policy and applies solely to all visitors, users, and others who reside in the State of California (“consumers” or “you”). We adopt this notice to comply with the California Consumer Privacy Act of 2018 (CCPA) and any terms defined in the CCPA have the same meaning when used in this Notice.

INFORMATION WE COLLECT

We collect information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household, or device (“personal information”). Personal information does not include publicly available information from government records, or deidentified or aggregated consumer information.

In particular, we have collected the following categories of personal information from consumers within the last twelve (12) months:

Category	Examples
A. Identifiers.	A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, or other similar identifiers.
B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80I).	A name, signature, address, telephone number, education, employment, employment history (for the purposes of career opportunities functionality), credit card number, debit card number, medical information. Some personal information included in this category may overlap with other categories.
C. Protected classification characteristics under California or federal law.	Age (40 years or older) and sex (including gender).
D. Commercial information.	Products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
E. Internet or other similar network activity.	Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.
F. Geolocation data.	Physical location or movements.
G. Professional or employment-related information.	Current or past job history or performance evaluations (for purposes the purposes of our career opportunities functionality).
H. Inferences drawn from other personal information.	Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

 We obtain the categories of personal information listed above from the following categories of sources:

• Directly from you. For example, from forms you complete or products and services you purchase.
• Indirectly from you. For example, from observing your actions on our Website, correlation to your social media presence, etc.

USE OF INFORMATION WE COLLECT

We may use or disclose the personal information we collect for one or more of the following purposes:

• To fulfill or meet the reason you provided the information. For example, if you share your name and contact information to request a price quote or ask a question about our products or services, we will use that personal information to respond to your inquiry. If you provide your personal information to purchase a product or service, we will use that information to process your payment, facilitate delivery, connect you with an appropriate dealer, distributor or third-party fulfillment provider, and notify component manufacturers of purchasers for component warranties, support or service, etc. We may also save your information to facilitate new product orders or process returns.
• To provide, support, personalize, and develop our Website, products, and services.
• To create, maintain, customize, and secure your account with us.
• To process your requests, purchases, transactions, and payments and prevent transactional fraud.
• To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
• To personalize your Website experience and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our Website, third-party sites, and via email or text message (with your consent, where required by law).
• To help maintain the safety, security, and integrity of our Website, products and services, databases and other technology assets, and business.
• For testing, research, analysis, and product development, including to develop and improve our Website, products, and services.
• To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
• As described to you when collecting your personal information or as otherwise set forth in the CCPA.
• To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our Website users/consumers is among the assets transferred.

We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

SHARING PERSONAL INFORMATION

We may disclose your personal information to a third party for a business purpose. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.

We share your personal information with the following categories of third parties:

• Service providers.
• Data aggregators.
• Dealers, Distributors, and Third-Party Fulfillment Providers.

Disclosures of Personal Information for a Business Purpose

In the preceding twelve (12) months, Company has disclosed the following categories of personal information for a business purpose:

Category A: Identifiers.
Category B: California Customer Records personal information categories.
Category C: Protected classification characteristics under California or federal law.
Category D: Commercial information.
Category E: Internet or other similar network activity.
Category F: Geolocation data.
Category H: Inferences drawn from other personal information.

We disclose your personal information for a business purpose to the following categories of third parties:

• Service providers.
• Dealers, Distributors, and Third-Party Fulfillment Providers.

YOUR RIGHTS AND CHOICES

The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

Access to Specific Information and Data Portability Rights

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request (see, Exercising Access, Data Portability, and Deletion Rights below), 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 your personal information for a business purpose, a list identifying disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

Deletion Request Rights

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see, Exercising Access, Data Portability, and Deletion Rights below), we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

1. Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract with you.
2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
3. Debug products to identify and repair errors that impair existing intended functionality.
4. Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
5. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
6. Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
7. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
8. Comply with a legal obligation.
9. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Exercising Access, Data Portability, and Deletion Rights

You can make a Subject Access Request (SAR) to exercise access, data portability and deletion rights. Please submit a verifiable request through this form:

Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.

You may only make a verifiable consumer request for access 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.
• 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.

Response Timing and Format

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. If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance. 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.

Personal Information Sales Opt-Out and Opt-In Rights

The CCPA provides consumers with the right to Opt-Out or Opt-In from sales of your personal data. However, we do not sell your personal data, so it is not necessary to Opt-Out of the sale of your personal data.

NON-DISCRIMINATION

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

• Deny you goods or services.
• Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
• Provide you a different level or quality of goods or services.
• Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

However, we reserve the right to offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program will require your prior opt in consent, which you may revoke at any time.

CONTACT INFORMATION

If you have any questions or comments about this notice, the ways in which Fountain collects and uses your information described here, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at:

Phone: 1-252-975-2000
Email: [email protected]

Postal Address:
Fountain Powerboats, Inc. 
1653 Whichards Beach Road 
Washington, NC 27889

You can make a Subject Access Request (SAR) to exercise access, data portability, and deletion rights. Please submit a verifiable request through email or phone.

E-MAIL AN ACQUAINTANCE

This site may contain pages on which you can choose to send a link or a message to an acquaintance referring them to this site. E-mail addresses you provide for an acquaintance will be used to send your friend information on your behalf and will not be collected or used by Fountain or other third parties for any other purpose

LINKS TO OTHER SITES

This site may contain links to a number of websites that may offer useful information to visitors to our customers and other visitors to our website including links to Authorized Fountain Dealers websites. This Privacy Policy does not apply to those sites, and we recommend communicating with the owners and operators of such sites for information on their privacy policies.

CALIFORNIA PRIVACY RIGHTS

Pursuant to California Civil Code Section 1798.83(c)(2), we do not share Personal Information of our customers or those who submit it through this website with any unaffiliated company for direct marketing use unless such customers or website users elect that we do so.

CHANGES TO PRIVACY POLICY

Fountain reserves the right to change this Privacy Policy at any time by publishing the amended Privacy Policy at www.Fountainpowerboats.com. You should visit this page from time to time to review the then-current Privacy Policy, which you acknowledge and agree is binding on you. Certain provisions of this Privacy Policy may be superseded by expressly designated legal notices or terms located on particular web pages visited by you or correspondence sent to you.

CONTACT INFORMATION

You may send any questions or concerns regarding these Terms and Conditions, or any comments or other inquiries regarding this website, to the following:

Attn: Website Inquiry
Fountain Powerboats
1653 Whichards Beach Road 
Washington, NC 27889
Email: [email protected]