Thank you

Navico Holding AS, operated through its subsidiaries, which include, without limitation, Navico, Inc., (referred to in these Terms and Conditions as “Company”, “we”, “us”, or “our”) is the provider and operator of the websites lowrance.com, simrad-yachting.com, bandg.com, and navico-commercial.com (collectively the “Sites”) as well as the products and services offered for sale on those sites. These Registration Terms and Conditions apply when you register any of the Company’s products or services, including without limitation the Company’s multi-function displays, autopilots, sonars, transducers, radars, instruments, gauges, digital displays, chart-plotters, fish-finders, digital cartography, vessel monitoring and network equipment, and related services and subscriptions (referred to collectively as the “Products”). If you do not agree to these Registration Terms and Conditions, do not proceed with registering your product.

Acceptance. By clicking “accept” below when you register to use the Service, you agree to be bound by these Registration Terms and Conditions and all other applicable policies, including without limitation the Terms of Use and the Privacy Policy, both of which are part of these Registration Terms and Conditions.
Account. You agree to provide, maintain and update true, accurate, current and complete information about yourself and your Product as prompted by the registration processes (the “Registration Data”).
Registration. As a condition of using certain features of the Products, you will be required to register through the Service and select a password and user I.D. We reserve the right to refuse registration of, or to cancel, a user I.D. in our sole discretion. You shall be responsible for maintain the confidentiality of your user I.S. and password. If you become aware of any authorized use of your password or your account, you should notify us immediately. You may not use as a user I.D.:
1. a name of another person with the intent to impersonate that person;
2. a name subject to any rights of a person other than you without appropriate authorization; or
3. a name that is otherwise offensive, vulgar or obscene
Data privacy. When you interact with us, for instance by registering your product on one of the Site, by purchasing a product or by communicating with us through social media, we may request you to provide us with your personal data. For more information, please refer to our Privacy Policy.
Contact Us. If you have any questions about these Terms of Use or your account, you may contact us by email at legal@navico.com or by postal mail at: Navico, Inc., ATTN: Legal Dept., 4500 S. 129th East Ave., Suite 200, Tulsa, OK 74134-5885, USA.

Navico Terms of Use

Updated March 11, 2016

Acceptance of Terms

By using this site, you acknowledge that you agree to the Terms of Use described below and our Privacy Policy found below incorporated herein by reference. If you do not agree to these terms, do not use this site. Please check these terms periodically for changes. Your continued use of this site after the posting of changes to these terms will mean you agree to abide by those changes.

Navico operates this site from its office within the United States. Navico makes no representations that the materials on this site are appropriate or available for use in other areas of the world. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. Any claim relating to this site or use of this site will be governed by and interpreted in accordance with the laws of the State of Oklahoma, without reference to its conflict-of-laws principles. Any dispute arising out of or related to your use of this site will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the state and federal courts sitting in Tulsa County, Oklahoma. You agree to waive all defenses of lack of personal jurisdiction and forum non-conveniens and agree that process may be served in a manner authorized by applicable law or court rule.

Children Under the Age of 13

This site is intended for adults. No one under age 13 may provide any personal information on this site.

Copyright and Trademarks Notice

The information contained within this site such as text, graphics, audio, videos, images, and other material, as well as the domain names, logos, product and service names, slogans, designs, and organization is protected by copyright, trademark and other such laws in the United States and foreign countries, and is owned or controlled by Navico or its affiliates, or by the original creator of the material, or by third parties that have licensed their information to Navico, or by other respective owners. Unauthorized use of his information may violate copyright, trademark, and other laws. Everything on this site is copyrighted. Permission is granted to view, copy, print, and distribute material from this site for personal, informational, non-commercial use only, provided you do not modify the materials and that you retain all copyright notices contained in the materials. You may not use such information and materials contained in this site for any other purpose without written permission from Navico.

Prohibited Activities

You may not access or use this site for any purpose other than the purpose for which Navico makes it available to you. Navico may prohibit certain activities in connection with this site in our discretion. These prohibited activities include, without limitation, the following:

Criminal, tortious activity, including fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, copyright infringement, patent infringement, or theft of trade secrets.
Advertising to, or solicitation of, any user to buy or sell any products or services, except with the express written approval of Navico.
Transmitting chain letters or junk email to other users.
Using any information from the site in order to contact, advertise to, solicit to sell any products or services without their prior explicit consent.
Engaging in any automated use of the site, such as using scripts to send comments or messages.
Interfering with, disrupting, disabling, or creating an undue burden on the site or the networks or services connect to the site including security related features.
Copying, reproducing, transmitting, broadcasting, displaying, selling, licensing, or otherwise exploiting such site information for any other purpose whatsoever without the express written consent of Navico.
Using the site in a manner inconsistent with any and all applicable laws and regulations.

Export Control

The United States and certain other countries control the export of products and information. You agree to comply with such restrictions and not to export or re-export this site’s information to countries or persons prohibited under export control laws. By downloading any of the site’s information, you are agreeing that you are not in a country where such export is prohibited and that you are not on the U.S. Commerce Department’s Table of Denial Orders or the U.S. Treasury Department’s list of Specially Designated Nationals. You are responsible for compliance with the laws of your local jurisdiction regarding import, export, or re-export of this site’s information.

Disclaimer of Warranties

You understand that Navico cannot and does not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. NAVICO WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

NAVICO HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Navico reserves the right to make changes or improvements to its products, programs and services at any time, without incurring the obligation to install such improvements or changes on products previously manufactured, or to discontinue any products, programs, or services without notice.

Limitations of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NAVICO, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless Navico, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

Waiver and Severability

No waiver of by Navico of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Navico to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Navico with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

Links

This site may contain links to third-party sites, resources or data. Navico is not responsible for the content of any linked sites. Navico provides these links solely as a convenience to users and does not endorse the companies or contents of any linked sites. You acknowledge that you are solely responsible for and assume all risk arising from the use of any of these websites.

Privacy Policy

Updated: May 1, 2018

EU DATA PRIVACY POLICY

1. Commitment to Data Protection. Navico, as the manufacturer of Lowrance, Simrad, and B&G products, believes that putting trust, transparency and control at the heart of our customer and consumer experiences is key to being a leading player in our industry. In that regard, we comply with any data protection law which would be applicable to you, and have been closely monitoring the progress of the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (“GDPR”) (collectively the “Data Protection Laws”). We have collaborated with privacy experts in the EU who are helping us on a continuing basis to navigate these regulatory challenges to deliver on our commitments. Navico is working to develop processes and mechanisms to facilitate individuals in the EU to exercise their rights in a similar manner to that prescribed by GDPR.

2. Scope of the Privacy Policy. When you interact with Navico, for instance by registering your product on one of our Sites, lowrance.com, simrad-yachting.com, bandg.com, and navico-commercial.com (collectively the “Sites”), by purchasing a product, or by communicating with Navico through social media (eg. “like us on Facebook”), we may request you provide us with personal data. In this regard, this privacy policy (the “Privacy Policy”) applies to information collected by Navico on the Sites and describes how we protect and process your personal data through the Sites. Please read our Privacy Policy carefully in order to understand our practices regarding your personal data and how we process it. By using the Sites, you confirm that you understand the Privacy Policy and accept the practices described in it. If you do not agree to the terms of the Privacy Policy and the data practices described herein, please do not use the Sites.

The Privacy Policy completes and supplements the information notice provided on the Sites upon the collection of your Personal Data.

3. How we collect your Personal Data. Navico is acting as a data controller under GDPR when collecting your Personal Data, for the purposes, on the legal basis and during the data retention period hereinafter provided:

YOUR PERSONAL DATA (“Personal Data”)	PURPOSES	LEGAL BASIS FOR PROCESSING	DATA RETENTION PERIOD
· Identity (e.g. name, surname, etc.) · Contact information (e.g. e-mail address, telephone number, address, etc.) · Information, including about your boat, that you choose to provide us	· Manage customer relationship · Manage the registration and account to our Sites · Provide product support and warranty services · Provide software updates · Send marketing solicitation from Navico (promotional e-mail and/or special offers on similar products and services)	Necessary for the performance of a contract	As long as strictly necessary for the purpose for which it was collected, or as otherwise required under any applicable law, including for the duration necessary to comply with legal and regulatory archiving requirements or statute of limitations.
	Send marketing solicitation from third parties (promotional e-mail and/or special offers)	Consent	While you are a registered customer
Traffic data	· Facilitate your navigation on the Sites · For statistics and analytics	Consent	No more than 13 Months

4. Your rights in the EU. Subject to evidencing your identity, you are entitled to request, at our address mentioned in Section “Contact details” below:

The access, at any time and for any reason whatsoever, to the Personal Data;
The correction of any Personal Data if it is found to be inaccurate or out of date;
The provision to you of the Personal Data you actively and knowingly provided us and where possible, the transmission of such Personal Data directly to another data controller (otherwise known as the right to data portability);
The objection to the processing of your Personal Data for advertising or direct marketing purposes or in order to carry out marketing research or commercial communications.
The deletion, for legitimate reasons under the Data Protection Laws, of your Personal Data , including where it is no longer necessary for us to retain such data;
The objection to or withdrawal of your consent to the processing of your Personal Data, for legitimate reasons, except if the processing is necessary for the legitimate purposes for which it was collected. In this case, we will revert to you without undue delay with the justification of such legitimate ground.

5. How do we process your Personal Data. We comply with our obligations under the Data Protection Laws by:

Adopting security measures to protect your Personal Data against accidental or unlawful destruction, loss, alteration, unauthorized disclosure or access (“Data Breach”). While we take all reasonable steps to protect your Personal Data from any Data Breach, we cannot guarantee the security of the Personal Data you disclose online, nor that no Data Breach will occur. You can help us keep your Personal Data secure by ensuring that any password you use on our Sites is kept strictly confidential, and by logging off when you have finished using a shared computer. In this regard, you acknowledge the inherent security implications of dealing online over the Internet and will not hold us or our providers responsible for any Data Breach unless it is due to a breach of our obligations with respect to the protection of your Personal Data.
Keeping your Personal Data accurate and up to date;
Collecting and retaining solely Personal Data that are adequate, relevant and limited to what is necessary in relation to the purposes for which your Personal Data are processed.

6. Recipients of Personal Data. Your Personal Data will be treated as confidential, and, subject to your consent, where applicable, will be shared only with:

Our affiliates,
Business partners,
Service providers,
Third parties, or
Other parties when required by any applicable law.

The recipients of your Personal Data are located inside or outside the European Union and/or the European Economic Area and are considered as data processors of your Personal Data, on our behalf. They have been chosen because they provide safeguards that are sufficient to comply with the Data Protection Law. By processing your Personal Data on our behalf, they shall act only under our instructions.

Notwithstanding the foregoing, your Personal Data may be disclosed to law enforcement or judicial authorities, in compliance with applicable laws and upon formal request by such entities.

We will not disclose or transfer your Personal Data to any other third party without informing you, and, in any case, solely in accordance with the Data Protection Laws.

7. Transfer of Personal Data abroad. The personal data that we collect from you may be transferred to, stored at, or otherwise processed in a destination outside the European Union and/or the European Economic Area, including without limitation the United States. In the event where your Personal Data are transferred outside the European Economic Area and/or outside the European Union where the European Commission has decided that the third country does not ensure an adequate level of protection, we undertake to provide appropriate safeguards which may include, but are not limited to, adopting European Commission contractual safeguards, participating in the US-EU Privacy Shield, obtaining your consent to the data transfer, or other binding safeguards that may be authorized by the European Data Protection Supervisor.

8. Cloud data. Navico may store your Personal Data in a cloud. This means that your Personal Data may be processed on behalf of Navico by a cloud service provider and could be stored in different locations around the world. Navico makes uses of organizational and contractual measures to protect your Personal Data and to impose similar, but in no way less restrictive requirements, on our cloud service providers, including requirements that your Personal Data be processed exclusively for the purposes mentioned herein or for other purposes you have affirmatively consented to.

9. Further processing. If Navico wishes to use your Personal Data for a new purpose not covered under the Privacy Policy, then we will provide you with a notice explaining this new purpose prior to commencing processing activities. Where and whenever necessary, we will seek your prior consent to the new processing purpose.

10. Cookies. The Sites use cookies. A cookie is a small text file stored on your computer by your browser when you visit our Sites. A cookie does not contain intelligible information but it allows linking between a terminal and other information about your experience on our Sites and the preferences you have expressed while using the Sites. For cookies disseminated by our servers, no one else may gain access to the information contained therein. These information and data are gathered directly and automatically by the Sites. The information collected by cookies will be processed in order to optimize the use of the Sites, make your browsing experience more personal and enjoyable by remembering your choices (for example, remembering the language you set or the country from which you’ve chosen to connect, in order to recognize you at the next visit) as well as to provide information to us or our service providers for customization or statistical purposes.

Our Sites use various types of cookies and similar technologies, each of which has a different function. Some of these cookies are necessary to the operation of the Sites. Others may help us improve the use or your experience of the Sites.

These are the types of cookies that may be placed on your browser:

Session cookies are placed into your browser during a browsing session, but they expire and are deleted at the end of the session. We and our partners use session cookies for various reasons, including to track use of the Sites during a single browsing session, and to help you to use the Sites more efficiently.
Persistent cookies are placed into your browser during a browsing session, but remain in your computer or other device after the end of that browsing session, for a limited time. Persistent cookies allow the Sites to recognize your computer or other device when it is used to access the Sites again after a browsing session has been completed and a new browsing session has begun, primarily to help you quickly sign-in to our Sites again. Persistent cookies are also used, both by us, our service providers and our partners, for analytical and customization purposes.
First-party cookies are placed on your computer or other device directly by us. They may include session and/or persistent cookies. For example, we use first party cookies to track your activity on the Sites for statistical and customization purposes.
Third-party cookies are placed on your computer or device by our partners. They may include session and/or persistent cookies. Our partners use third party cookies for targeting purposes, for example to send you surveys.

As you know, each Internet browser allows the blocking or the deletion of cookies. Your Internet browser contains instructions on these procedures.

You can check the steps for managing cookies in your browser's help menu. Please note however that if you decide to disable or delete our cookies, we cannot ensure that all the web pages of the Sites will be displayed or work correctly or that certain services will be supplied.

11. Changes to the Privacy Policy. We may update or amend the Privacy Policy to reflect changes to our data management practices. If we make any material changes to the Privacy Policy, we will notify you by means of a notice on our Sites prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.

12. Dispute resolution. In the event where you have any request or in the event of a dispute between you and us regarding the processing of your Personal Data, you may address us your request or complaint by contacting us at our contact address below. We will endeavor to find a satisfactory solution to ensure compliance with the Data Protection Laws.

In the absence of a reply from us or if the dispute persists despite our proposal, you may lodge a complaint with the supervisory authority of the Member State of the European Union in which you usually resides.

13. Contact Details. If you have any questions about the Privacy Policy and how we process your Personal Data, you may contact us by email at legal@navico.com or by postal mail at: Navico, Inc., ATTN: Legal Dept., 4500 S. 129th East Ave., Suite 200, Tulsa, OK 74134-5885, USA.