Montana MCDPA

This section provides additional information for Montana residents under the Montana Consumer Data Privacy Act (MCDPA), as amended. The terms used in this section have the same meaning as in the MCDPA. This section does not apply to deidentified or publicly available information, or other information or processing exempt from the MCDPA.

For privacy-related questions, please email privacy@windnsails.com.

Wind ’n’ Sails processes personal data for targeted advertising as defined under the MCDPA. Depending on how you interact with us, this may include:

This processing allows us to display advertisements that may be more relevant to your interests based on your activity over time and across nonaffiliated websites or online services.

If our practices change, we will update our disclosures and provide applicable privacy choices as required by law.

Wind ’n’ Sails does not engage in profiling in furtherance of solely automated decisions that produce legal or similarly significant effects concerning consumers.

Subject to applicable exceptions and limitations, Montana residents may have the following privacy rights:

You have the right to confirm whether Wind ’n’ Sails is processing your personal data and to access that personal data, subject to applicable law.

You have the right to request that we correct inaccuracies in your personal data, taking into account the nature of the personal data and the purposes for which it is processed.

You have the right to request that we delete personal data about you, subject to exceptions permitted by law.

We may retain certain personal data where permitted or required by applicable law, including to complete transactions, maintain security, prevent fraud, comply with legal obligations, or establish, exercise, or defend legal claims.

You have the right to obtain a copy of personal data that you previously provided to us in a portable and, to the extent technically feasible, readily usable format that allows you to transmit the data to another controller without hindrance when the processing is carried out by automated means, subject to applicable limitations.

You have the right to opt out of the processing of personal data for:

Wind ’n’ Sails does not sell personal data as defined by the MCDPA and does not engage in profiling in furtherance of solely automated decisions that produce legal or similarly significant effects.

You may exercise your applicable targeted-advertising opt-out right through our Your Privacy Choices page.

Wind ’n’ Sails will not unlawfully discriminate against you for exercising your rights under the MCDPA.

This does not prevent us from offering a different price, rate, level, quality, or selection of goods or services where permitted by applicable law, including in connection with a voluntary loyalty, rewards, premium-features, discount, or club-card program.

Where required by the MCDPA, Wind ’n’ Sails recognizes qualifying opt-out preference signals, such as signals transmitted through supported browsers, browser extensions, platforms, technologies, or device settings.

A qualifying opt-out preference signal may communicate your choice to opt out of the processing of personal data for targeted advertising or the sale of personal data.

Where we can reasonably associate a recognized opt-out preference signal with your browser or device, we will process the signal in accordance with applicable law.

Because these signals generally apply to a particular browser or device, you may need to enable your preference separately on each browser or device you use.

You may also exercise applicable opt-out rights directly through our Your Privacy Choices page.

You may designate an authorized agent to exercise your rights to opt out of targeted advertising, the sale of personal data, or qualifying profiling on your behalf.

An authorized agent may communicate your opt-out preference through methods permitted by applicable law, including certain technologies, browser settings, browser extensions, or global device settings.

Where permitted by law, we may take commercially reasonable steps to verify your identity and the authorized agent's authority to act on your behalf.

Where Wind ’n’ Sails processes sensitive data subject to the MCDPA, we will obtain consent where required by law.

Where applicable, you may withdraw previously provided consent using a mechanism that is at least as easy to use as the mechanism through which consent was provided. We will cease the applicable processing as required by law, subject to permitted exceptions.

Montana law provides additional protections regarding the personal data of minors.

Where Wind ’n’ Sails has actual knowledge, or willfully disregards, that a consumer is a minor, we will process that consumer's personal data in accordance with applicable Montana law.

Where required by law, appropriate consent will be obtained before processing a minor's personal data for targeted advertising, the sale of personal data, qualifying profiling, or other processing requiring consent.

For children whose personal data is subject to the Children's Online Privacy Protection Act (COPPA), we process personal data in accordance with applicable federal requirements.

You may exercise your applicable Montana privacy rights by:

You are not required to create a new account solely to exercise your privacy rights. If you already have an account with us, we may require you to use that account where permitted by law.

To protect your personal data, Wind ’n’ Sails may take commercially reasonable steps to authenticate requests before processing them.

Depending on the nature of your request, we may:

If we are unable to authenticate your request using commercially reasonable efforts, we may be unable to fulfill the request.

Authentication is generally not required for an opt-out request. However, we may deny an opt-out request where permitted by law if we have a good-faith, reasonable, and documented belief that the request is fraudulent.

We will respond to an authenticated privacy request without undue delay and generally within 45 days after receiving the request.

Where reasonably necessary, we may extend the response period by an additional 45 days, taking into account the complexity and number of requests. If an extension is required, we will notify you within the initial 45-day period and explain the reason for the extension.

Information provided in response to an applicable consumer request will generally be provided free of charge once during any 12-month period.

Where permitted by law, if a request is manifestly unfounded, excessive, technically infeasible, or repetitive, we may charge a reasonable fee to cover administrative costs or decline to act on the request.

If Wind ’n’ Sails declines to take action on your privacy request, we will provide an explanation and instructions for appealing our decision.

You may submit an appeal within a reasonable period after receiving our decision by:

We will respond to your appeal in writing within 60 days after receiving it, including an explanation of any action taken or not taken in response to the appeal.

If your appeal is denied, we will provide information regarding how you may contact the Montana Attorney General to submit a complaint.

We may update this Montana Privacy Notice from time to time to reflect changes in our practices, legal requirements, or other circumstances.

Where required by applicable law, we will provide appropriate notice of material changes and any choices or consent mechanisms required in connection with those changes.

For questions about this notice or to exercise your Montana privacy rights, please visit our Privacy Policy, use our Privacy Preferences page, or contact:

Wind ’n’ Sails
Email: privacy@windnsails.com