Privacy & Legal

Privacy Policy

Last updated: March 3, 2020

This Privacy Policy describes the practices of The Hinckley Company (“we”, “us”, “our” or “Hinckley”) with respect to information we collect from and about users (“you”, “your” or “users”) of our websites located at http://www.hinckleyyachts.com, http://www.huntyachts.com, http://www.morrisyachts.com and http://www.hinckleysportboats.com (“Website”).

This Privacy Policy applies only to information collected by Hinckley via the Website and specifically does not apply to information collected (1) by us through other channels, such as offline, or (2) by third parties whose forms or other collection mechanisms may be embedded in or linked to or accessible from the Website.

By using the Website, you acknowledge that you have read and understand the terms of this Privacy Policy.  This Privacy Policy may be revised periodically, and any such revisions will be reflected by the effective date above.  Please revisit this page to stay aware of any changes. If we make material changes to this Privacy Policy, we will provide you with additional notice of such changes by providing alerts within the Website.

Collection and Use of User Information.

Through the Website, Hinckley may collect certain types of information from and about you, and other information regarding your usage of the Website. We may collect this information in several different ways, including directly from you when you provide it to us, such as by filling in forms on the Website, and through the use of automatic data collection technologies, such as via server logs and Google Analytics (more information below).

We collect the following types of information from or about users of our Website:

  • Contact Information: If you request information about Hinckley’s yachts or services, we may collect information you provide to us in connection with such activity, such as your name and email address and any messages you send us (“Contact Information”), so that we can reply to or otherwise fulfill your request.
  • Usage Data: We collect details regarding your usage of the Website (“Usage Data”) to present, personalize, improve and maintain our Website.
  • Metrics: We collect anonymized metrics regarding usage of the Website (“Metrics”) to present, improve and maintain our Website, and to gather aggregate information about the Website’s user base.

Automatic Data Collection Technologies

We collect Usage Data and Metrics using automatic data collection technologies, as described below.

When you interact with the Website, servers automatically record usage information that your browser or device sends such as IP address, browser type, internet service provider, referring/exit pages, operating system, date/time stamps, and related data. This information may be stored in log files, and helps us analyze how our users interact with and use the Website, compile reports on the Website’s activity, and provide maintenance and other services related to the Website’s activity and usage.

The Website also uses the web analytics service Google Analytics, which uses cookies and other tracking technologies. Cookies are bits of text that are placed on your computer’s hard drive when you visit certain websites. Cookies may identify, for example, whether you have visited the Website before, or if you are a new visitor. Cookies may enhance your online experience by saving your preferences while you are visiting a particular site. The information collected by Google Analytics helps us analyze how our users interact with and use the Website, compile reports on the Website’s activity, and provide maintenance and other services related to the Website’s activity and usage.  The information collected and generated via Google Analytics will be transmitted to and stored by Google and will be subject to Google’s privacy policy, which can be viewed by clicking here. To learn more about Google’s partner services and to learn how to opt out of analytics tracking by Google, click here.

Sharing of User Information with Third Parties.

We may share the above-identified types of user information with third parties who perform services (such as hosting, content management, data storage, advertising, and data analytics) on our behalf.

In addition, we may share user information: (i) with our affiliates or any successor to all or part of our business; (ii) in order to comply with a subpoena, court order, or applicable law; and (iii) in order to protect the rights, property, or personal safety of users, us, or the public.

Security of User Information.

We take reasonable measures designed to protect user information from unauthorized access and against unlawful processing, accidental loss, destruction, and damage.

Your Choices and Rights.

Rights and Requests: You can contact us at any time using the contact information listed in the last section of this Privacy Policy to request we do any of the following:  (i) erase or delete all or some of your user information; (ii) change, update, or correct your user information; (iii) restrict how we use all or some of your user information; (iv) access your user information and, where applicable and feasible, request to receive that user information in a commonly used electronic format (or ask for this information to be provided in that format to a third party); or (v) disclose what user information we collect, use, disclose, or sell.  We will consider and respond to any such requests promptly, and otherwise in accordance with applicable laws.  Although we use good faith efforts to respond to your request, we may not be able to provide and/or correct the requested user information in all situations.  For example, we may not be able to provide the user information requested if it imposes an undue burden or expense, requires us to release confidential commercial information, requires the disclosure of user information relating to another person, or requires authentication of the request that is not feasible.

Note for California Residents: If you are a resident of California, please read the supplemental notice to this Privacy Policy below.  The supplemental notice provides certain information to you as required by the California Consumer Privacy Act.

Note for European Economic Area Residents: While our focus is generally on the United States, insofar as we may from time to time process personal data of individuals in the European Union, Iceland, Liechtenstein, Norway, or the United Kingdom, which processing may be subject to the European Union’s General Data Protection Regulation (“GDPR”), please note the following:

  • The Hinckley Company is headquartered in Portsmouth, Rhode Island, in the United States.
  • We will only process your personal data to the extent applicable law allows us to do so.
  • The United States has not sought nor received a finding of “adequacy” from the European Union under Article 45 of the GDPR. We rely on derogations for specific situations as set forth in Article 49 of the GDPR. In particular, we collect and transfer to the U.S. personal information only: with your consent; to perform a contract with you; or to fulfill a compelling legitimate interest in a manner that does not outweigh your rights and freedoms.
  • If you have any complaints regarding our privacy practices or how we handle any requests you make in accordance with the “Rights and Requests” section above (which requests you may have a legal right to make and we may have a legal obligation to honor, as dictated by applicable law), you may also lodge a complaint with your national data protection authority.

Children.

Hinckley does not knowingly collect personal information from children under the age of 13 (or 16 in Europe).  If we learn that we have collected personal information from children under the age of 13 (or older, if applicable law provides for different protections), then unless we obtain parental consent to use or maintain that information, we will delete it.

Contact Us.

Any comments, concerns, questions, or specific requests relating to this Privacy Policy should be directed to Hinckley at privacy@hinckleyyachts.com.

 If you are a resident of California, this notice applies to you and supplements The Hinckley Company Privacy Policy. This notice is intended to provide certain information to you as required by the California Consumer Privacy Act of 2018 (“CCPA”).

This notice applies to information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with you or your household, such as a real name, alias, postal address, unique personal identifier, online identifier Internet Protocol address, email address, account name, social security number, driver’s license number, passport number, or other similar identifiers (“personal information”). Personal information does not include publicly available information and certain other information that is regulated by other applicable laws.

Your rights

Right to know

You have the right to request that we disclose certain information to you about our collection of your personal information. Upon our receipt of your verified request, we will provide you with:

  • The categories of personal information we have collected about you.
  • The categories of sources from which we have collected your personal information.
  • Our business or commercial purpose for collecting or selling your personal information.
  • The categories of third parties with whom we have shared your personal information.
  • The specific pieces of personal information we have collected about you.

We do not sell your personal information; however, we are required to let you know that you have the right to request that we disclose certain information to you about our disclosures and sales of your personal information. Upon our receipt of your verified request, we will provide you with:

  • The categories of personal information we have collected from you.
  • The categories of personal information, if any, that we have sold about you and the categories of third parties to whom we sold such information, by category or categories of personal information for each third party to whom the personal information was sold.
  • The categories of personal information that we disclosed about you for a business purpose.

Right to opt-out

We do not sell your personal information; however, we are required to let you know that you have the right to opt-out of the sale of your personal information if we ever engage in such activity.

Right to delete

You have the right at any time to request that we delete your personal information.

Right to nondiscrimination

We will not discriminate against you for exercising your rights under the CCPA, such as denying you products and services, charging you different rates or prices including use of discounts or penalties, or suggesting or providing a different level of service or quality of products to you. However, we may charge a different price or provide a different level or quality of products and services only if the price or difference is directly related to the value provided to you by your personal information.

We may offer you financial incentives, including payments to you as compensation, for collecting, selling, or deleting your personal information. We also may offer a different price, rate, level, or quality of goods or services to the consumer if that price or difference is directly related to the value provided to you by your data.

Contact

To submit a request to exercise any of your rights, please submit your request to Hinckley here. We will evaluate the request and take action where required to do so. You may also submit your request to privacy@hinckleyyachts.com.

Depending on the nature of your request, we may have to verify your identity when you contact us. We do this by:

  • Requiring you to double opt-in when submitting your consumer request by email so we can verify your email address.
  • Confirming your account number, an order number and the items in such order when you identify as a customer.

We endeavor to respond to your request as soon as we can. If we are not able to respond to your request within 45 days, we will let you know that we may require additional time (up to 90 total days).

You may also use an authorized agent to exercise your rights on your behalf. If you wish to use an authorized agent, we require that your authorized agent provides written proof to us that he or she is authorized to act on your behalf, and we may also require your authorized agent to verify his or her own identity.

We are not able to respond to more than one “Right to Know” request from a consumer in any 12-month period.