Last updated: June 13, 2023
IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, PLEASE DO NOT USE THIS WEBSITE.
SCOPE OF THIS POLICY
Sea Foam Enterprises and its affiliates (“Sea Foam” also collectively referred to as “we”, “our”, and “us”) are concerned about privacy issues and want you to be familiar with how we collect, use, and disclose information. This Privacy Policy describes our practices in connection with information that we collect through activities that link to this Privacy Policy including websites and any mobile sites or applications (our “Websites”), through our other services that we may offer in connection with our Websites, such as our official Social Media pages that we control (our “Social Media Pages”), as well as through HTML-formatted email messages that we send to you (collectively “Sites”).
By providing personnel information to us, you agree to the terms and conditions of this Privacy Policy. Terms used in this Privacy Policy, and not otherwise defined herein, have the same meaning ascribed to them in the Terms of Use. We follow this Privacy Policy in accordance with applicable law in the places where we operate. In some cases, we may provide additional data privacy notices specific to certain products, practices, or regions. Those terms are to be read in conjunction with this Privacy Policy.
CONSENT
Each time you access and/or use the Sites or services, you agree to be bound by the then-current Privacy Policy. Whenever you submit information via our Sites, you consent to the collection, use and disclosure of that information as described in this Privacy Policy, the Terms of Use, and any other applicable website privacy policies. This consent includes the explicit consent to be contacted by Sea Foam for marketing or other purposes. You are able to withdraw your consent at any time. You can do this by contacting us at: [email protected].
BY USING OR ACCESSING OUR WEBSITES OR BY PROVIDING PERSONAL INFORMATION TO US ON OR THROUGH OUR SITES, YOU CONSENT TO THE COLLECTION, USE, TRANSFER, AND DISCLOSURE OF THAT INFORMATION IN ACCORDANCE WITH THIS PRIVACY POLICY AND APPLICABLE LAW.
WHO WE ARE
Sea Foam includes Auto-Mark, Inc. dba Sea Foam Sales Company, Sea Foam International, Inc., Sea Foam Brands, Sea Foam Acquisitions, In-Depth Media Productions, Inc., Norsk, Inc. and their subsidiaries and/or affiliates. When you visit, shop, or create an account with us, or use our Sites, your information is controlled by a member (subsidiary or affiliated entity) that is a part of Sea Foam Enterprises. Sea Foam Enterprises refers to the companies listed above, which offer their products and services under various brand names. These companies engage in several businesses including consumer products, marketing, and associated services. Additional information about the brands can be found on the Sites.
INFORMATION WE COLLECT AND HOW WE USE IT
The following describes the types of personal information and other information we may collect about you, and how we use and maintain that information.
Types of Information We Collect
We may gather and retain Personal Information about you. “Personal Information” is information that enables us to identify you directly or indirectly, by reference to an identifier such as your name, username, postal address (including billing and shipping addresses), telephone number (including home and mobile numbers), email address, credit and debit card numbers, profile picture, social media account ID, country of residence, or one or more factors specific to you. Personal information excludes anonymous information that has had the identity of an individual permanently removed.
We may collect the following types of information:
- Registration information you provide when you create an account, enter a promotion or sweepstakes, such as your first name and surname, country of residence, gender, date of birth, email address, username, and password;
- Transaction information you provide when you request information, contact our offices or purchase, return, request, or exchange a product or service from us, such as your postal address, telephone number, and payment information;
- Information you provide in public forums on our Sites, such as your public posts;
- Information sent either one-to-one or within a limited group using our message, chat, post, “Ask Jim,” or similar functionality;
- Location information, including precise or approximate location information provided by a mobile or other device interacting with one of our Sites, applications, or physical properties (including through pixel or beacon technologies), or associated with your IP address or other online or device identifier.
- Usage, viewing, technical, and device data when you visit our Sites, on third-party sites or platforms, or open emails we send including your browser or device type, unique device identifier, and IP address;
- We may gather other information when you visit our Sites, access our services, or when you view our online ads. This information typically includes the IP address of your Internet service provider, the name of your operating system (such as Macintosh® or Windows®) and the name and version of your browser (such as Internet Explorer® or Chrome®). You may choose to allow a social networking service to share information with us.
We may keep all of this information indefinitely. In some cases, we may use a third-party service to provide services or collect information. In these cases, your Personal Information may be collected by this third party and not by us and will be subject to the third party’s privacy policy, rather than this Privacy Policy. We have no control over, and are not responsible for, this third party’s use or disclosure of your Personal Information. Privacy choices you have made on the third-party site or platform will not apply to our use of the information we have collected directly through our Sites. Please also keep in mind that our Sites may contain links to other sites not owned or controlled by us and we are not responsible for the privacy practices of those sites. We encourage you to be aware when you leave our Sites or applications and to read the privacy policies of other sites that may collect your Personal Information.
If you submit any Personal Information relating to other people to us or to our service providers in connection with the Sites, you represent that you have the authority to do so and to permit us to use the information in accordance with this Privacy Policy.
How We Collect Personal Information
We and our service providers may collect Personal Information in a variety of ways including:
- Information You Provide to Us: Before you can utilize some portions of our Sites, we may require that you request access to those portions by providing us with your contact information, a username, and/or a password. If you provide us with a telephone number or an email address, you expressly agree that we, or our authorized agents, can use that information to contact you about your access request or your account, and/or about Sea Foam Enterprises and its associated activities. You may opt-out of this consent as explained in this Policy.
- Through the Sites: We may collect Personal Information through the Sites, e.g., when you sign up for a newsletter.
- Offline: We may collect Personal Information from you offline, such as when you contact our office for customer service.
- Online Tracking: We may collect Personal Information through a variety of technologies, such as cookies, Flash cookies, pixels, tags, application program interfaces, and Web beacons, including when you visit our Sites and applications.
- Social Networking Activities: Our Sites may allow you to enter social networking websites such as Facebook, YouTube, LinkedIn, and Twitter. If you choose to follow, like, friend, share, or comment on our social media websites, or otherwise share information on these social networking websites, we may receive information about you. We may use such information about you in a variety of ways, including to enhance your experience with our marketing and services and to communicate with you.
- Analytical Tools: We may collect information using analytics tools, including when you visit our Sites.
The vast majority of the information collected automatically by us is anonymized and cannot be traced back to you.
How We May Use Your Personal Information
The member of Sea Foam Enterprises that is the data controller for your information is responsible for and may use your information for the purposes described in this policy. Other members of Sea Foam Enterprises may access your information where they perform services on behalf of the data controllers (as data processors) and, unless prohibited under applicable law, for use on their own behalf (as data controllers) for the purposes described in this policy. Consistent with applicable law and choices and controls that may be available to you, we may use information collected from you, or from devices associated with you, to:
- Respond to your inquiries and fulfill your requests, such as to send you newsletters or to respond to your questions and comments.
- Send administrative information to you, for example, information regarding the Sites and changes to our terms, conditions, and policies. Because this information may be important to your use of the Sites, you may not opt-out of receiving these communications.
- Communicate with you about your account or transactions with us and send you information or request feedback about features on our Sites or changes to our policies.
- Provide you with updates and announcements concerning our products, promotions, and programs and to send you invitations to participate in special programs.
- Re-contact you if we have not heard from you in a while.
- Personalize your experience on the Sites by presenting products and offers tailored to you.
- Provide you with targeted advertising based on your activity on our Sites.
- Process rewards, prizes, and/or donations, as applicable.
- Allow you to participate in polls, sweepstakes, instant win promotions, contests, and other promotions and to administer these activities. Some of these activities have additional rules, or involve third-party administrators, which could contain or utilize additional information about how we use and disclose your Personal Information, so it is important that you read the additional rules carefully.
- Permit you to participate on message boards, chat, profile pages, blogs, and other services to which you are able to post information and materials (including our Social Media Pages). Please note that any information you post or disclose through these services will become public information, and may be available to visitors to the Sites and to the general public. We urge you to be very careful when deciding to disclose your Personal Information, or any other information, on the Sites. Please see the “Your Controls and Choices” section below, to learn how you may request removal of your posts.
- Permit you to participate in social sharing, including live social media feeds.
- For our business purposes, such as analyzing and managing our businesses, market research, audits, developing new products, enhancing our Sites, improving our services and products, identifying usage trends, determining the effectiveness of our promotional campaigns, tailoring the Sites experience and content based on your past activities on the Sites, and gauging customer satisfaction and providing customer service (including troubleshooting in connection with customer issues).
- Operate, understand, optimize, develop, or improve our Sites, applications, products, services, and operations, including by using guest survey research and analytics tools.
- Detect, investigate, and prevent activities that may violate our policies, pose safety issues, or be fraudulent or illegal.
- Notify you of product recalls or safety issues.
- As we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities, including public and government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain.
COOKIES POLICY
Like most websites, we may employ “cookies” or similar technologies on our Sites. A “cookie” is a file of information placed on your device when you visit a website. Cookies and similar technologies can enhance your user experience by saving your preferences, personalizing your online experience, holding items in your shopping cart, and sometimes providing you with advertising that is tailored to your interests. Certain cookies are required for our Website(s) to run correctly. We may also use information collected with cookies to statistically analyze usage of our Sites, and to improve and customize our content and other offerings.
When you first access our Sites from certain jurisdictions, you will receive a message advising you that cookies and similar technologies are in use. By clicking “accept cookies,” closing the message, or continuing to browse the Sites, you signify that you understand and agree to the use of these technologies, as described in the message and this Policy.
Sea Foam uses one or more companies to place advertisements for our products and services and those of third parties on the Sites and third-party websites. Cookies and other technologies such as Web beacons or tags are used to measure the effectiveness of our ads and to determine the display of content and advertising to you based on your interests both on our Sites, and on third-party websites and mobile applications you may visit. To support this interest-based advertising solution, we, and companies we have contracted with, may use non-personally identifiable information about your visits to our and other Sites. The information collected does not enable any third-party to identify you individually, without appropriate notice or consent.
Although we hope that you find the display of advertising to you based on your non-personally identifying browsing interests valuable, if you do not wish to participate in the services offered through these solutions, you can opt-out of this activity during the prompt shown when visiting our Site(s). You may also opt-out of cookies in your browser settings or by contacting us directly for more information.
Types of cookies we may use on our Sites include:
- Essential cookies: These are cookies that are necessary for the operation of our Sites. They include, for example, language and privacy preferences.
- Session cookies: These temporary cookies expire and are automatically erased whenever you close your browser window. We may use session cookies to grant our users access to content and to enable actions such as remembering application or payment information as you are in the process of entering it.
- Persistent cookies: These cookies usually have an expiration date in the distant future and remain in your browser until they expire or you manually delete them. We may use persistent cookies to better understand usage patterns so we can improve the Websites for our users. For example, we may use a persistent cookie to associate you with your account to remember your choices, such as cart history, on the Websites. Persistent cookies utilized on our website normally expire after 90-days.
- Third-party cookies: We may permit third-party service providers to place cookies through our Websites to provide us with better insights into the use of the Websites or user demographics or to provide relevant services to you. These third parties may collect information about a user’s online activities over time and across different websites when he or she uses our Website. For example, we may use a third-party tool to analyze usage patterns of the Sites. Such a tool may generate a cookie to capture information about your use of the Sites which the third-party provider uses to compile reports on website activity for us and to provide other related services. The third-party provider may use a portion of your IP address to identify its cookie. We do not control the use of third-party cookies or the resulting information and we are not responsible for any actions or policies of such third parties.
YOUR CONTROLS AND CHOICES
We provide you the ability to exercise certain controls and choices regarding our collection, use, and sharing of your information. In accordance with applicable law, your controls and choices may include:
- Correcting, updating, and deleting your registration account, if applicable.
- Choosing or changing your choices for subscriptions, newsletters, and alerts.
- Choosing whether to receive offers and promotions for our products and services, or products and services that we think may be of interest to you.
- Choosing whether we share your Personal Information with other companies so they can send you offers and promotions about their products and services.
- Controlling targeted advertising from many ad networks and partners; data exchanges; and marketing analytics and digital advertising and marketing service providers.
- Requesting removal of your personal information from a public forum on one of our Sites or application; and
- Requesting access to the Personal Information we hold about you and that we amend or delete it.
You may exercise these controls and choices in various ways, including by following instructions provided in communications sent to you, or by using your device or other available settings (for example, by changing your browser or mobile settings).
Please be aware that if you do not allow us to collect Personal Information from you, we may not be able to deliver certain experiences, products, and services to you, and some of our services may not be able to take account of your interests and preferences. If collection of Personal Information is mandatory, we will make that clear at the point of collection so that you can make an informed decision about whether to participate. If you have questions about the specific Personal Information about you that we process or retain, and your rights regarding that personal information, please contact [email protected].
DISCLOSING INFORMATION
Unless otherwise specified in this or another applicable Policy, Sea Foam does not sell, rent, or otherwise distribute to third parties, your personal information entered on this site without your consent, unless required by law or disclosed to you when the information is collected. To the extent allowed by applicable law, your Personal Information may be disclosed in the following manner:
- To our affiliates for the purposes described in this Privacy Policy. Sea Foam International, Inc. is the Party responsible for the management of the jointly-used Personal Information
- To our third-party service providers who may provide services to us such as website hosting, data analysis, payment processing, order fulfillment, infrastructure provision, IT services, customer service, email delivery services, auditing services and other services, to enable them to provide services.
- In connection with promotions, for example, to third parties that are sponsors of sweepstakes, instant win promotions, contests and other promotions, to provide lists of the names and countries of residence of the winners and/or to announce the names of winners on the Sites (e.g., on our blog) or otherwise in accordance with the rules applicable to the specific promotion. To the extent that the Rules of a sweepstakes or promotion concerning the treatment of your Personal Information conflict with this Privacy Policy, the terms and conditions of the applicable Rules shall control.
- By you, on message boards, chat, profile pages and blogs and other services to which you are able to post information and materials (including our social media pages). Please note that any information you post or disclose through these services will become public information and may be available to visitors to the Sites and to the general public. We urge you to be very careful when deciding to disclose your Personal Information, or any other information, on the Sites.
- By you, if you participate in a live social media feed (which you may do, for example, by referencing us in your social media post or “liking” us on a social media platform). If you do participate, your public username and profile photo may be displayed on the Sites along with your post.
- To a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer, or other disposition of all or any portion of our business, assets, or stock (including in connection with any bankruptcy or similar proceedings).
- As we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities, including public and government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain.
- We may also share aggregated or anonymous information that cannot identify you with third parties. For example, we may disclose the number of visitors to our Sites or the number of people who have downloaded a particular document.
We will never sell your information to a third-party. We will not share your Personal Information with a third party outside Sea Foam Enterprises except in limited circumstances, including:
- When you request or authorize release of your Personal Information.
- When you allow us to share your personal information with another company, by electing to share your personal information with carefully selected companies so that they can send you offers and promotions about their products and services;
- When companies perform services on our behalf, like package delivery, marketing and advertising, and customer service; however, these companies are prohibited from using your personal information for purposes other than those requested by us or required by law; and
CHILDREN’S PRIVACY POLICY
Children’s privacy is of primary concern to us, and our Privacy Policy and practices reflect applicable laws and regulations on children’s privacy. We do not knowingly solicit or collect personal information from children under 18 years of age. No information should be submitted to our Sites by users under 18 years of age. If we are made aware that we have collected any personal information from children under the age of 18 and are asked to delete such information from our system, we will promptly do so.
SECURITY
We use reasonable organizational, technical, and administrative measures to protect Personal Information under our control. While we take steps to protect your personal information and keep it secure, you also play a role in protecting your information. You must maintain the security of your online transactions by not sharing your passwords and account information with any unauthorized parties.
Unfortunately, no data transmission over the Internet or data storage system can be guaranteed to be 100% secure. We cannot guarantee the security of any information you transmit to us or from our Sites, therefore, you use our Sites at your own risk.
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 information you have provided has been compromised), please immediately notify us of the problem by contacting us in accordance with the “Contact Us” section below (note that physical mail notification will delay the time it takes for us to respond to the problem).
DATA TRANSFERS, STORAGE, AND PROCESSING GLOBALLY
We operate globally and may transfer your Personal Information to individual companies of Sea Foam Enterprises or third parties in locations around the world for the purposes described in this Privacy Policy. By using the Sites, you consent to the transfer of your Personal Information as outlined in this Privacy Policy. Wherever your Personal Information is transferred, stored, or processed by us, we will take reasonable steps to safeguard the privacy of your Personal Information. These steps may include implementing standard contractual clauses where recognized by law, obtaining your consent, or other lawful means of transferring personal information.
Consent to Transfer of Information from Outside of the United States
If you access the Sites from outside of the United States, information that we collect about you will be transferred to servers inside the United States and maintained indefinitely, which may involve the transfer of information out of your country of origin. By using our Sites and allowing us to collect information about you, you consent to such transfer and processing of your data.
We will not collect your personal information through the Sites unless you have provided it to us voluntarily or is otherwise consistent with this Privacy Policy.
How We Store Your Personal Information
The vast majority of the information collected automatically by us is anonymized and cannot be traced back to you. Any Personal Information provided by you such as your name, e-mail, or other identifiable information is kept for the length of time needed to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law or you “unsubscribe” or otherwise notify us that your information should be removed from our database.
Any obsolete or requested removal will be completed by deleting the information from our records. Paper documents, where possible, are shredded, or otherwise redacted, electronic items are deleted from our database and any back-ups are automatically overwritten within 60 days of removal from the system.
Please note that third party partners may securely store anonymized data pursuant to their own terms and conditions.
GOVERNING LAW
By choosing to visit our Sites or provide information to us, you agree that any dispute over privacy or the terms contained in this Privacy Policy will be governed by the law of the State of North Dakota, USA. You also agree to abide by any limitation on damages contained in our Terms of Use, or other agreement that we have with you.
CHANGES TO THIS PRIVACY POLICY
From time to time, we may change this Privacy Policy to accommodate new technologies, industry practices, regulatory requirements or for other purposes. We will provide notice to you if these changes are material and, where required by applicable law, we will obtain your consent. Notice may be by email to you at the last email address you provided us, by posting notice of such changes on our Sites, or by other means, consistent with applicable law.
LAWFUL BASIS
Several Privacy Regulations, including but not limited to the Canadian Personal Information Protection and Electronic Documents Act (PIPEDA), the UK General Data Protection Regulation (UK GDPR), the EU General Data Protection Regulation (EU GDPR), and other comparable data protection regulations, require disclosure of a “Lawful Basis” for collection and use of Personal Information. The Lawful Basis we rely on for processing your information is:
Your Consent. You are able to remove your consent at any time. You can do this by contacting: [email protected].
Sea Foam may also provide information to governmental agencies or other companies when we have a legal obligation. We may share information with governmental agencies or other companies in fraud prevention or other lawful investigation. We may do so when: (1) permitted or required by law; or (2) trying to protect against or prevent actual or potential fraud, unauthorized transactions, or other violations of law; or (3) investigating fraud or other violations of law which have already taken place. The information is not provided to these agencies or companies for marketing purposes.
CONTACT INFORMATION
Questions about this privacy policy, our use of your personal information, or requests to access or correct your personal information should be directed to:
[email protected]
701.751.7363
PO Box 639
Bismarck, ND 58502
Please note that email communications are not always secure; so please do not include sensitive information in your emails to us.
LINKS TO OTHER SITES
Our Sites may contain links to other sites or websites, including, social media websites hosted by third-party providers, websites of our affiliates or third-party entities that may contain a different Privacy Policy or Terms of Use. These websites may also refer you back to our Sites. This Privacy Policy only addresses our use and disclosure of your information collected through our Sites, if any. If you choose to link to an external website from our Sites, you will leave our Sites. We are not responsible for the content of linked websites.
We recommend you read the applicable privacy policies and terms of use of such parties or websites you visit to understand their privacy practices. We are not responsible for the privacy practices of third-party sites that do not link to this Privacy Policy.
UK PRIVACY RIGHTS
This privacy notice should be read in conjunction with our Privacy Policy.
How we use your personal data and your rights:
When you visit, shop, or register with us online or use any service or mobile application, your personal data is controlled by Sea Foam International, Inc.
Your personal data is primarily used to provide you with the services you request. It may also be used to comply with legal obligations we are subject to or to fulfill our legitimate interests, such as personalizing your experience, developing, and improving our services, or detecting illegal activities. It may also be used with your prior consent to send you offers and promotions.
You have a number of rights including the right to request access to, change, correct, or remove your personal data, or to change your marketing preferences (including withdrawing your consent at any time). You may have the right to ask that we transfer the personal information you gave us to another organisation, or to you, in certain circumstances – please see our Privacy Policy to learn more about managing your marketing preferences.
Please contact us at the information below if you wish to make a request. Our Data Protection Officer can be contacted by emailing: [email protected]. You may not be required to pay any charge for exercising your rights. Under certain regulations, if you make a request, we have one month to respond to you.
You have a right to lodge a complaint with your local Data Protection Supervisory Authority or with the UK Information Commissioner’s Office: https://ico.org.uk/for-the-public.
CANADIAN PRIVACY RIGHTS
Quebec Residents
The person in charge of the protection of personal information about individuals residing in Quebec can be contacted by email at [email protected].
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