Privacy Policy

Use of this website acknowledges your consent to this Privacy Policy for Dealer Spike, LLC and Momentum Marine and Dealer Spike Opco, LLC. Protecting your private information is our priority and we are committed to safeguarding your privacy online. This Privacy Policy explains what personal information we may collect about you through our website, when we collect it, how we may use it, who we may disclose it to, and is intended to help you understand the terms and conditions surrounding the collection and use of your data.

Personal Information We Collect

Our primary goal in collecting your personal information is to enable us to personalize your interactions and experiences with our website.

We may collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, to you ("Personal Information"). In particular, our website has collected the following categories of Personal Information within the last twelve (12) months:

Categories of Personal Information	Types of Personal Information Collected
A. Identifiers	Name, telephone number, postal address, e-mail address, social security number, date of birth, account name, IP address, or other information you voluntarily provide to initiate a purchase transaction or to opt in to receiving future communications from us.
B. Personal information that identifies, relates to, describes, or is capable of being associated with, a particular individual, including, but not limited to, his or her name, signature, social security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information.	Name, address, telephone number, physical address, zip code, email address, company name, credit card number, income, or other financial information you may provide to obtain a quote or complete a purchase transaction.
C. Commercial information	Housing information, products or services purchased, and purchasing and consuming histories or tendencies.
D. Internet or other similar network activity	Type and version of browser, service provider, device identification information, any search engine or other referring site you may have used to locate our website, and information regarding your interaction with the website, application, or advertisements.
E. Geolocation data.	Signals from your device that allow us to determine your location, with reasonable precision.
F. Professional or employment-related information.	Occupation, name of employer, employment status, employment history, or business email address.
G. Inferences drawn from other Personal Information.	Information regarding your interaction with the website, application, or advertisements; browsing history

How Your Personal Information Is Collected

We collect Personal Information that you voluntarily give or has been given through some other direct contact from you. When you access our website, we may also passively or automatically collect additional Personal Information and non-personally identifiable data regarding the means you use to access our website and the content you view when you use our website, for example, via cookies on our website.

Requests for Unit Quotes

If you request a unit price quote, you may be asked to provide Personal Information such as your name, address, telephone number, zip code, email address and other transactional information related to the desired unit purchase. Your Personal Information may be used to contact you with the requested quote or to request additional information. While not required, you may voluntarily provide financial information so that a determination can be made regarding units that meet the parameters of your requested unit quote or your pre-qualification for financing, if interested.

Online Unit Orders

If you submit an online unit order, you will be required to provide Personal Information to complete the purchase transaction. This information includes your name, email address, shipping address as well as financial information to facilitate payment for the transaction and for billing purposes. If your online unit order is not processed correctly, your Personal Information may be used to contact you to finalize the transaction. In order to process a purchase transaction, it may be necessary for us to supplement information you provide with information we receive from third party sources to obtain approval from a financial lending institution. Your Personal Information may also be shared with third parties to assist with finalizing the purchase transaction such as shipping companies (i.e., UPS, USPS, FedEx) and credit card processing companies. These third-party companies do not, to our knowledge, retain, share, store, or use Personal Information for any secondary purposes outside of the purpose of providing the required services.

Monthly Payment Calculations

If you use the digital retailing tool to calculate your estimated monthly payment, you are not required to provide Personal Information unless you decide to contact the dealer to obtain additional information about the unit you are interested in. If you decide to contact the dealer, you will be asked to provide your name, email address, shipping address and phone number. Your Personal Information will be used to contact you regarding your inquiry.

Log Files

We use IP addresses to analyze trends, administer the site, track user's movement, and gather broad demographic and geographic information for aggregate use. IP addresses are only linked to Personal Information if you submit a form requesting additional information.

Surveys and Contests

From time to time, this website may offer contests or request information from you via surveys to conduct research about your opinion of current services or of potential new services that may be offered. Participation in these surveys or contests is completely voluntary and you are not obligated to disclose the Personal Information requested such as your name, email address, mailing address, or demographic information (i.e., age, zip code). If you elect to participate in a contest, the contact information provided will only be used to notify the winners and award prizes. Survey information will only be used for purposes of monitoring or improving the use and satisfaction of this website.

Use of Your Personal Information

We may use or disclose the Personal Information we collect for one or more of the following business purposes:

to operate our website and deliver the products and/or services you have requested, and for marketing purposes. If you do not provide Personal Information we ask for, it may delay or prevent us from providing products and/or services to you.
for more than one legitimate interest depending on the specific purpose for which we are using your Personal Information. For example, if you complete an online purchase, we may collect your information to perform our contract with you, but we may also maintain your Personal Information after your transaction is complete so that we can quickly and easily respond to any questions about your order. As a result, our collection and processing of your Personal Information is based upon your consent, our need to perform a contract, our obligations under law, and/or our legitimate interest in conducting our business. A legitimate interest is when we have a business or commercial reason to use your information, so long as this is not overridden by your own rights and interests.
to share data with trusted partners or advertisers to help perform statistical analysis, send you email or postal mail, provide customer support, to arrange for deliveries, or for marketing purposes. All such third parties are prohibited from using your Personal Information except to provide these services to us, and they are required to maintain the confidentiality of your information.
to share lead data or analytics with original equipment manufacturers with whom we partner. This data may be shared with original equipment manufacturers so they can perform statistical analysis and measure dealer performance.
to create, maintain, customize, and secure your account with us.
to inform you of other products or services available from us or our affiliates.
to contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered.
to assist you in locating a dealer near you.
to respond to you regarding the reason you contacted us, or future marketing. Unless you ask us not to, we may contact you via phone or email in the future to tell you about specials, new products or services, changes to this Privacy Policy, or to send you website and service announcement updates which contain important information about the service. We may also communicate with you to provide requested services and in regard to issues relating to their account via e-mail or phone.
to help diagnose problems with our server, administer the website, conduct attribution reporting, personalize user experiences (including advertising or certain targeted features, such as showcasing previously viewed units), and compile broad statistical data.
certain navigational information about where you go on our website, in order to determine what services or products are the most popular. This data is used to deliver customized content and advertising within our website to customers whose behavior indicates that they are interested in a particular subject area. Such information is gathered by us in the aggregate and will not be associated with a specific individual except in connection with specific services and operations such as attribution reporting and maintenance of customer accounts.
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 or CPRA.

Use of Cookies

Our website may use "cookies" to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you and can only be read by a web server in the domain that issued the cookie to you.

Cookies can be used for various purposes such as to detect whether your device has accessed a particular online service before. We use cookies on pages to make your visit to our website more enjoyable and to enable the use of certain functions, including the ability to identify units that has been previously viewed on your device.

Who We Share Your Personal Information With

We do not sell, rent or lease our customer lists to third parties. We may share your Personal Information with:

Our affiliates;
Service providers we use to help deliver our services to you, such as payment service providers;
Other third parties we use to help us run our business, such as marketing agencies and data aggregators;
Third parties approved by you, including social media sites you choose to link your account to or third-party payment providers;

In the preceding twelve (12) months, we've disclosed the following categories of Personal Information for a business purpose:

Category A: Identifiers.
Category B: Personal information that identifies, relates to, describes, or is capable of being associated with, a particular individual.
Category C: Commercial information.
Category D: Internet or other similar network activity.
Category E: Geolocation data.
Category F: Professional or employment-related information.
Category G: Inferences drawn from other Personal Information.

If we are required to do so by law, or in the good faith belief that such action is necessary, we will disclose your Personal Information, without notice, to: (a) conform to the edicts of the law or comply with legal process served on our company or the website; (b) protect and defend the rights or property of our company; and (c) act under exigent circumstances to protect the personal safety of users of our website, or the public.

Data Retention

We retain Personal Information we collect from you for the period of time that is necessary to fulfill the purposes outlined in this Privacy Policy (for example, to provide you with a service you have requested or to comply with applicable legal, tax or accounting requirements), unless a longer retention period is required or permitted by law.

Access to Third Party Websites

This website may contain links to other sites. Please be aware that we are not responsible for the privacy practices of such other sites. We encourage our users to read the privacy statements of every website that collects personally identifiable information. This privacy statement applies solely to information collected by this website.

Security

We take precautions to protect your information. When you submit sensitive information via our website, your information is protected both online and offline. Whenever we collect sensitive information, that information is encrypted and transmitted to us in a secure way. We do not collect sensitive Personal Information in online forms you may voluntarily complete to indicate your interest in a unit or service. The computers and servers in which we store Personal Information are kept in a secure environment.

Children Under Thirteen

We believe that it is especially important to protect children's privacy online. We do not knowingly collect Personal Information from children under the age of thirteen, regardless of the source. Nor do we share with any third party for any purpose whatsoever Personal Information from website visitors younger than thirteen years of age. If you are under the age of thirteen, you must ask your parent or guardian for permission to use this website.

Privacy Notice for California Residents

This Privacy Notice for California Residents supplements and is expressly made part of the information contained in the 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, as amended by the California Privacy Rights Act ("CCPA"). Any terms defined in the CCPA have the same meaning when used in this Notice.

Under the CCPA, we are required to disclose whether we sell Personal Information. We do not sell Personal Information, but we may share Personal Information with third parties or allow them to collect Personal Information from our Site or services if those third parties are authorized service providers or business partners who have agreed to our contractual limitations as to their retention, use, and disclosure of such Personal Information, or if you direct us to disclose your Personal Information to third parties.

California law grants you the right to know:

The categories of Personal Information we have collected about you;
The categories of sources from which the Personal Information is collected;
Our business or commercial purpose for collecting Personal Information;
The categories of third parties with whom we share Personal Information, if any; and
The specific pieces of Personal Information we have collected about you.

Please note that we are not required to:

Retain any Personal Information about you that was collected for a single one-time transaction if, in the ordinary course of business, that information about you is not retained;
Reidentify or otherwise link any data that, in the ordinary course of business, is not maintained in a manner that would be considered Personal Information; or
Provide the Personal Information to you more than twice in a 12-month period.

In connection with any Personal Information we may share, or disclose to a third party for a business purpose, you have the right to know the categories of Personal information that we:

sold or shared and the categories of the third parties we may have sold or shared Personal Information to; and/or
disclosed about you for a business purpose and the categories of third parties with whom your persona information may have been shared.

Under CCPA and certain other privacy and data protection laws, as applicable, you have the right to opt-out of the sale or sharing of your Personal Information and the right to opt-out of the use or disclosure of your sensitive Personal Information. If you exercise your right to opt-out, we will refrain from selling or sharing your Personal Information or disclosing your sensitive Personal Information, unless you subsequently provide express authorization for the sale, sharing, or disclosure of your Personal Information. To opt-out of the disclosure of your Personal Information, please contact us at support@dealerspike.com or use the Consumer Privacy Form.

Subject to certain exceptions set out below, on receipt of a verifiable request from you, we will:

Delete your Personal Information from our records; and
Direct any service providers to delete your Personal Information from their records.
- Please note that we may not delete your Personal Information if it is necessary to:
  - Complete the transaction for which the Personal Information was collected, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between you and us;
  - Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity;
  - Debug to identify and repair errors that impair existing intended functionality;
  - Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law;
  - Comply with the California Electronic Communications Privacy Act;
  - Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us;
  - Comply with an existing legal obligation; or
  - Otherwise use your Personal Information, internally, in a lawful manner that is compatible with the context in which you provided the information.

California consumers may visit the site listed below to request to view the Personal Information that has been collected. You may also request correction or your Personal Information or request to have us delete any Personal Information that has been collected. Such requests may be submitted by using the Consumer Privacy Form. It's important to note that under the CCPA, you may only make a data access or data portability disclosure request twice within a twelve (12) month period.

You have the right to not be discriminated against by us because you exercised any of your rights under the CCPA. As a result, we will not deny you goods or services for exercising these rights, charge a different price for goods or services for exercising these rights, provide a different level or quality of goods or services for exercising these rights, or even suggest you'll receive a different price or a different level or quality of goods or services for exercising these rights. However, we may 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 requires your prior opt in consent, which you may revoke at any time.

Opt-Out & Unsubscribe

We respect your privacy and give you an opportunity to opt-out of receiving announcements of certain information at any time. Users may opt-out of receiving marketing communications from us by contacting us via email at support@dealerspike.com. Users may also unsubscribe from newsletters by using the unsubscribe link at the bottom of the newsletter.

Accessing this Website

This website is hosted on servers located in the United States. As such, your connection will be through and to servers located in the United States. Any Personal Information you provide during your visit will be processed and maintained on our web servers and other internal systems located within the United States. By using this website, you consent to the collection and use of your anonymous data, Personal Information, and/or form submissions for the purposes of analytics and/or advertising.

Updates to this Privacy Policy

We reserve the right to change and update this Privacy Policy. These changes will be made when appropriate, and in a timely manner. We encourage you to examine our Privacy Policy from time to time to ensure you are aware of any changes we may have made. Your continued use of our website following an update to the Privacy Policy indicates your agreement to the same.

How to Exercise Your Rights and Contact Information

If your Personal Information changes (i.e., email address, mailing address), or if you no longer desire to receive information from us, we will endeavor to correct, update, or remove your Personal Information from our records. If you have any questions or comments about this Privacy Policy, the ways in which we collect and use your information described above, your choices and rights regarding such use, please do not hesitate to contact us at support@dealerspike.com.

If you contact us directly via email, we may require that you provide us with certain information in order to verify your identity. We may ask you to provide:
- Enough information to identify you (e.g. your full name, email address and phone number)
- A description of what right you want to exercise and the information to which your request relates.

If you wish to exercise your rights under CCPA, please use the Consumer Privacy Form.

If we're not able to verify your identity or verify that the person making the request is the person about whom we collected the information, we are not obligated to make a data access or data portability disclosure.

Any Personal Information we collect from you to verify your identity in connection with your request will be used solely for the purposes of verification.

Last Updated: December 31, 2022