Garmin®'s Products and Applications Privacy Statement
LAST UPDATED: April 30, 2009
Garmin is concerned about privacy issues and wants you to be familiar with how we collect, use, and disclose Personally Identifiable Information when you use our products or applications.
This Privacy Statement (the "Privacy Statement") describes our practices in connection with information that we collect through our products and applications, through a user account registered on my.Garmin.com™ or when you interact with our support personnel. To the extent that we process information for which opt-in consent is required under applicable laws, we will ask you for such opt-in consent. You may withdraw this opt-in consent at any time. Other Garmin sites, or certain activities on other sites relating to Garmin, are governed by privacy practices different from those set forth below. We encourage you to check the privacy statement of each Garmin site that you visit. To learn about our general online practices, go to http://www8.garmin.com/privacy/.
We are committed to handling information that we receive from the European Economic Area ("EEA") and Switzerland in accordance with the Safe Harbor principles. As a sign of our commitment, Garmin International, Inc., incorporated and headquartered in the State of Kansas in the United States, has certified to the EU/US Safe Harbor Principles. Our Safe Harbor certification can be found at: http://web.ita.doc.gov/safeharbor/SHList.nsf/f6cff20f4d3b8a3185256966006f7cde/6a6aad8419dfee44852571e1007a9275?OpenDocument&Highlight=2,garmin. For additional information regarding the Safe Harbor program, see the U.S. Department of Commerce web site at http://www.export.gov/safeharbor.
1. WHAT TYPES OF INFORMATION DOES GARMIN COLLECT
We gather two basic types of information: "Personally Identifiable Information" ("PII") and "Non-Personally Identifiable Information" ("Non-PII").
A. Personally Identifiable Information: We collect PII used in conjunction with your my.Garmin.com account or when you contact our customer service center, such as your name, address, telephone numbers, email address, or account details. We may combine the information that you submit under your account with information we collect from our products or applications or that we receive from third parties, in order to provide you applications and services and to improve the quality of our products and applications. We may also collect PII when you use our products or applications or enable certain features on one of our products, such as the nüvifone™ or a personal navigation device. Such PII may include location information collected from wireless devices or from cell towers. You may also voluntarily provide PII when you provide points of interest feedback, reviews, or comments on Garmin licensed content.
B. Non-Personally Identifiable Information: Garmin also collects Non-PII from personal navigation devices and nüvifones. If a device is not registered on my.Garmin.com, information collected is not associated with any particular user and thus is non-PII. For instance, Garmin may collect information relating to how often a device is turned on and for how long or the frequency with which certain applications and features of the product or service are used. Garmin may also collect information relating to which advertisements were viewed, how often they were clicked and how often certain actions such as saving a coupon or calling or routing to a location corresponding to an advertisement are performed.
When you use Garmin products and applications or access your account on my.Garmin.com, we automatically record log information. These server logs may include information such as your Internet Protocol (IP) address, browser type, browser language, the date and time of your request, the time(s) of your visit(s) and the web page(s) that you visited. Under certain laws, this log information may be considered PII.
2. GARMIN'S USE OF INFORMATION
A. Personally Identifiable Information: We may use PII about you for the purposes listed below. If we intend to use PII about you for a purpose that is incompatible with these purposes or if we intend to disclose PII about you to a type of third party not previously identified in this Privacy Statement, we will notify you and offer you the opportunity to opt out of such use and/or disclosure.
(i) General. We and our service providers use PII in order to provide you with traffic information, to allow you to utilize Ciao!™, our friend finder application, and to allow you to update the software on your device or to respond to a customer service request. We may also use PII about you for internal business purposes, such as to gauge customer satisfaction and to improve our products and services.
(ii) Location Information. Your physical location is collected using satellite and cell phone tower signals in order to provide you with certain location-based services, including weather, movie times, traffic information, fuel prices, and information regarding local events, and to enhance our products and applications. Garmin's navigation applications and products collect and upload information such as your location, speed, and direction in order to enhance our and our strategic partners' and marketing partners' products and applications, provide you traffic information, more accurately calculate expected arrival times, and enhance the map functions. If you sign up for Ciao!, our friend finding service, your location information will be disclosed to other users whom you have specifically chosen to receive that information.
(iii) Points of Interest Feedback. We encourage users to provide feedback on points of interest — such as restaurants, golf courses, airports, shopping malls, gas stations and many others — that are preloaded onto our products so that more accurate information regarding points of interest can be provided to you and other users in the future. Any feedback you provide regarding a point of interest is provided on a purely voluntary basis.
(iv) Ad Event Logs. For applications that contain advertisements, such as traffic data and Ciao!, our friend finder application, we collect information such as which advertisements were viewed, how often they were clicked and how often certain actions such as saving a coupon or calling or routing to a location corresponding to an advertisement were performed so that the advertising partners of certain of our third party application providers can provide you with content and advertising that might be of particular interest to you.
(v) Track logs. When you connect your device to your computer through a USB port, you will upload from your device to Garmin certain historical information, including Location Information and Ad Event Logs that are stored on your device, which we and our third party application and content providers will use to enhance our and their products and applications.
(vii) Customer Support. When you interact with our customer services representatives via email, telephone, or in person we may collect personal information relevant to the situation, such as your name, mailing address, phone number, email address, and contact preferences; information about the Garmin products you own, such as their serial numbers and date of purchase; and information relating to a support or service issue.
(viii) Compliance with Applicable Law. We may need to collect and retain PII about you in order to comply with applicable laws and to respond to requests from public authorities, including public authorities outside your country of residence.
B. Non-Personally Identifiable Information: Because Non-PII does not personally identify you, we may use such information for any purpose. Garmin collects non-PII from devices that are not registered on my.Garmin.com and thus are not associated with any PII. We may use this information to detect broad demographic trends and to otherwise enhance our products or applications. We reserve the right to share such Non PII, which does not personally identify you, with third parties, for any purpose.
In some instances, we may combine Non-PII with PII (such as combining your name with your zip code). If we do combine any Non-PII with PII, we will treat the combined information as PII for as long as it is combined.
C. Server Log Information: We and our service providers use server log information including IP addresses for purposes such as calculating site usage levels, helping diagnose problems with my.Garmin.com's servers, administering my.Garmin.com and for the other purposes set forth in Section II(A), and we may disclose IP addresses as set forth in Section III below. Collecting IP addresses is standard practice on the Internet and is done automatically by many web sites. Please note that we treat IP Addresses, server log files, and related information as Non-PII, except where we are required to do otherwise under applicable laws.
3. DISCLOSURE OF INFORMATION
As described below, Garmin may share PII, including information that you provide on my.Garmin.com or information collected through our products or services, with third parties that may be located around the world.
A. Affiliated Entities: We may share information, including PII that you provide on my.Garmin.com or through our products or services, with our subsidiaries and affiliates worldwide, for the purposes described in this Privacy Statement. You may access a list of our subsidiaries and affiliates in our latest Annual Report on Form 10-K, which can be found at http://www.sec.gov/cgi-bin/browse-idea?company=&match=&CIK=grmn&filenum=&State=&Country=&SIC=&owner=exclude&Find=Find+Companies&action=getcompany. Our subsidiaries and affiliates are required to protect PII about you in a manner consistent with this Privacy Statement. Garmin International, Inc. is the party responsible for managing jointly used PII.
B. Strategic Partners and Co-Branded Sites: From time to time, we may enter into a special relationship with another company that is not owned by or affiliated with Garmin to provide additional features on my.Garmin.com or special products and applications (for example, with ASUSTek Computer, Inc., with whom we entered into an alliance with respect to certain nüvifone models, or your wireless carrier). These special relationships may include co-branded sites ("co-branded pages"). Any information, including PII, that you provide in connection with one of these applications or products, and/or on one of these co-branded pages, will be shared with these third party partners. By selecting an application or providing your information on these co-branded pages, by using a co-branded nüvifone or by signing up for an application, you also consent to our providing PII about you to those third parties. However, please note that as third parties generally use PII about you in accordance with their own privacy practices, you should check these third parties' web sites for information regarding their privacy practices. PLEASE NOTE THAT THIS PRIVACY STATEMENT DOES NOT ADDRESS THE PRIVACY OR INFORMATION PRACTICES OF ANY THIRD PARTIES. If you do not want PII about you shared with such third parties, please do not provide PII in connection with the applications or products provided by third parties and/or pages that are co-branded with third parties.
(i) Location Information: When you sign up for certain applications, your physical location will be collected from cell towers and satellites and shared with our strategic partners. Garmin will share information relating to your location, speed, and direction with the third party that provides the traffic information in order to enhance the application, provide accurate traffic information and calculate more accurate arrival times. This information will be provided on an aggregated basis.
(ii) Ciao!: When you enable our friend finder feature, Ciao!, the third party network providers will collect your real-time geographic location information. You control when and to whom your location is disclosed by managing the settings from within the Ciao! application and on the third party network providers' applications.
(iii) Marketing Partners: On some of our applications and products, advertisements are displayed. We will share location information as well as information about what advertisements you viewed with our marketing partners so that they can provide you with content that is more relevant and study the effectiveness of advertising campaigns. This information will be shared using a unique ID that does not contain any of your registration information. Advertisements and promotions can be customized for you without disclosing the information provided when you registered your product or application.
We may share your name, email address and zip code with such third-party strategic partners for marketing purposes; however, we will provide you with the opportunity to opt out of such sharing or, where required by law, we will obtain your express consent. Because these third parties will use PII about you in accordance with their own privacy practices, you should check their web sites for information regarding their privacy practices. PLEASE NOTE THAT THIS PRIVACY STATEMENT DOES NOT ADDRESS THE PRIVACY OR INFORMATION PRACTICES OF ANY THIRD PARTIES.
C. Service Providers: We may use third party service providers to help us operate our business and my.Garmin.com or administer activities on our behalf. We may share PII about you with these third parties for those limited purposes. These service providers are given access to PII needed to perform their functions, but are restricted from using the PII for purposes other than providing services for us. We require that our service providers that have access to PII received from the EEA either subscribe to the Safe Harbor Principles or be subject to the EU Privacy Directive or another adequacy finding, or enter into an appropriate written agreement with us.
D. Law Enforcement; Assignment: We reserve the right to disclose PII about you to others as we believe to be appropriate: (a) under applicable law or regulation, including laws or regulations outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public authorities and law enforcement officials, including public authorities and law enforcement officials outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our affiliates and subsidiaries; (f) to protect the rights, privacy, safety or property of Garmin, its affiliates and subsidiaries, you, or others; and (g) to permit us to pursue available remedies or limit the damages that we may sustain.
Further, we reserve the right to transfer any and all information that we collect from users to an affiliate, a subsidiary, or a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer, or other disposition of all or any portion of Garmin's business, assets, or stock (including, without limitation, in connection with any bankruptcy or similar proceeding.
4. LINKS, THIRD PARTY APPLICATIONS, AND THIRD PARTIES' PRIVACY PRACTICES
5. OTHER DISCLOSURES
Certain features (e.g., the camera and email features on your nüvifone) allow you to tag location information and share that information with third parties. You should exercise caution when using these features and when sharing location information with third parties. Should you choose to use these features, Garmin will not collect or have access to the location information, but your third party application provider might. You should review the privacy practices of your application provider before using these features.
Garmin takes reasonable security measures to help protect against loss, misuse, unauthorized access, and unauthorized disclosure or alteration of the PII under its control. Unfortunately, no data transmission over the Internet or data storage system can be guaranteed to be 100% secure. As a result, although we strive to protect PII about you, we cannot ensure the security of any information that you transmit to us through or in connection with my.Garmin.com or applications, or that is stored by us. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), you must immediately notify us of the problem by contacting us in accordance with Section 12 (Contacting Garmin) below (note that notification by physical mail will increase the time it takes before we can begin to respond to the problem).
7. JURISDICTIONAL ISSUES
my.Garmin.com is controlled and operated by Garmin from the United States, and is not intended to subject Garmin to the laws or jurisdiction of any state, country, or territory other than that of the United States. Those who choose to access my.Garmin.com do so of their own initiative and are responsible for complying with all local laws, rules and regulations. We may limit the availability of my.Garmin.com, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and at our sole discretion.
A. Opt-Out. If you do not wish to receive marketing-related emails from us, or if you would prefer that we not share PII about you with third parties for such third parties' marketing purposes, you may opt out of receiving such marketing-related emails or from such sharing by emailing firstname.lastname@example.org. Please specify clearly which of the following choices you are opting out of:
(i) Receiving marketing-related emails from Garmin; and/or
(ii) Allowing Garmin to share PII about you with third parties for their marketing purposes.
We will endeavor to comply with your request as soon as reasonably practicable. Please note that if you opt out as described above, we will not be able to remove PII about you from the databases of third parties with which we have already shared PII about you (i.e., third parties to which we have already provided PII about you as of the date on which we implement your opt-out request). If you wish to cease receiving marketing-related emails from such third parties, please contact those third parties directly, or utilize any opt-out mechanisms set forth in their respective privacy policies or marketing-related emails.
Special Notification for California Residents — Your Privacy Rights. Individual customers who reside in California and have provided personal information to Garmin may request information about Garmin's disclosures of certain categories of personal information to third parties for their direct marketing purposes. Such requests must be submitted to us at the address listed in Section 12 below. This request may be made no more than once per calendar year.
9. USE OF OUR PRODUCTS AND APPLICATIONS BY CHILDREN
Our products and applications are not directed to individuals under the age of eighteen (18), and we request that such individuals not provide information through my.Garmin.com or through our products and applications.
10. UPDATES TO THIS PRIVACY STATEMENT
We reserve the right to change this Privacy Statement from time to time as we add new products and applications, as we improve our current offerings, and as technologies change. You can determine when this Privacy Statement was last revised by referring to the "LAST UPDATED" legend at the top of this page. Any changes will become effective upon our posting of the revised Privacy Statement on my.Garmin.com. If we make any material or substantive changes to our treatment of Personally Identifiable Information, we will notify you of this by posting a clear and conspicuous notice of these changes on my.Garmin.com. To the extent that the changes affect information for which opt-in consent is required under applicable laws, we will ask you for your consent.
11. REVIEWING/CORRECTING/UPDATING INFORMATION; DATA INTEGRITY
Garmin takes reasonable steps to ensure that all PII is relevant to and reliable for its intended use. We will also endeavor to ensure that the information is accurate, complete, and current. You may request access and request that erroneous or inaccurate PII related to you that is held by us be rectified or suppressed. You have several options for reviewing, correcting, updating, or otherwise modifying PII about you:
You may send an email to: email@example.com
You can send postal mail to:
Garmin International, Inc.
1200 E. 151st Street
Olathe, KS 66062
Please note that, for your protection, we may need to verify your identity before making any changes to PII about you. You must clearly indicate the information that you wish to have changed, or clearly indicate that you wish to have PII about you removed from our active database. Please note that changes may not be effective immediately. Further, please note that we may need to retain certain information for recordkeeping purposes, and there may also be residual information that will remain within our databases and other records. Finally, we are not responsible for removing information from or updating information in the databases of third parties with whom we have already shared PII about you.
12. CONTACTING GARMIN
If you have any questions about this Privacy Statement or our privacy practices, you may contact:
Garmin International, Inc.
1200 E. 151st Street
Olathe, KS 66062