1. WHAT IS “PERSONAL INFORMATION”?
2. THE TYPES OF INFORMATION WE COLLECT
Through your interaction with us and use of Poolside Sites, Poolside Devices, Poolside Apps, or Poolside Products or Services, Poolside may collect Personal Information and other information related to your interactions with us in the ways described below.
a. Personal Information You Submit to Us
We collect your Personal Information when you directly or proactively provide it to us. For example, you may choose to give us:
- your email address and other Personal Information provided when you register Poolside Devices or Products, or register to use our Sites or Apps, or if you choose to receive newsletters, updates, or other information from us;
- your contact information, and any other Personal Information you choose to include, if you email us or contact us through the Sites or Apps; and
- any personal data contained in, or included with, feedback, comments or other information you submit via online portals, forms, surveys, or interactive portions of our Sites or Apps.
You always have the option to review or change your personal information or change your email preferences by making a request to firstname.lastname@example.org.
You may also choose to submit Personal Information to us via other methods or for other reasons, including, but not limited to: in response to marketing or other communications; through social media or online forums; through participation in an offer, program or promotion; in connection with an actual or potential business relationship with us; or by giving us your contact details at trade shows or other events.
We will automatically collect the following types of data when you browse or search the Sites, except as restricted by applicable browser settings:
- Device and connection information such as the type of device you use to access the Sites and any unique device identifier shared by the browser, the internet protocol (IP) address used to connect your device to the Internet, and other technical information provided by the device, including the browser type and version, time zone setting, browser plug-in types and versions, operating system, and mobile network; and
- Information about your activity on our site. This may include the pages you viewed, page response times, download errors, length of visits to certain pages, clickstreams to, through, and from the Sites, and previous and next URL and methods used to browse away from the page.
You can manage your cookie settings in your browser. More information about cookies, including how to see what cookies have been set and how to manage and delete them, is widely available on the web.
Other tracking technologies may also be used, such as beacons, tags, and scripts to collect and track information and to improve and analyze the Sites. Technical data collected through the Sites may include browser and device information, data collected through automated electronic interactions, application usage data, demographic information, geographic or geo-location information, and statistical or aggregated data. Statistical or aggregated data does not directly identify a specific person, but it may be derived from Personal Information. For example, we may aggregate Personal Information to calculate the percentage of users in a particular zip code or region of the world.
We may also use third party web analytics to help us analyze how users engage with our Apps and Sites. The technical information collected will be disclosed to, or collected by, these third party service providers.
c. Technical Data that We Collect through our Devices and Apps
- We automatically collect technical information through Poolside Devices and Poolside Apps. This may include information such as the unique device identifier of a Poolside Device or a device on which you use a Poolside App, the internet protocol (IP) address used to connect your Device or App to the Internet, and other information relating to the Device and App, including the browser type and version, time zone setting, browser plug-in types and versions, operating system, mobile network information and platform;
- We may automatically collect:
- technical information about your swimming pool systems that are monitored by or connected to a Poolside Device, including systems such as heaters, thermometers, filters, cleaners, pumps, blowers, lights, pH and chlorine monitors, salt cells, and pool chemical distribution systems;
- usage information about those pool systems, such as start and stop times, heating and cooling events, equipment configuration during usage, energy consumption, and which user account initiated particular activities (such as turning on a heater) through the Poolside Device or App; and
- environmental information about parameters being monitored, such as air temperature, water temperature, pH and chlorine levels, and other water quality parameters; and performance information such as duration or speed of heating or cooling under various environmental conditions.
- If a Device or App is not connected to Poolside’s cloud services, it may cache data locally to be uploaded after the connection is restored
d. Personal Data Received from Third Parties or Other Sources
We may receive your personal data from a third party such as a vendor or organizational customer. In addition, we may supplement other personal data we have collected with information from third parties or other publicly available sources.
4. HOW WE USE PERSONAL INFORMATION
In accordance with applicable laws, Poolside may use Personal Information for the purposes listed below:
- to send you information you requested or “opted-in” to receive;
- to interact with you regarding our Apps, Devices, Sites, Products and Services;
- to comply with applicable legal requirements;
- for testing, research, analysis, and product development, including to develop and improve our Apps, Devices, Sites, Products, and Services;
- to help maintain the safety, security, and integrity of our Apps, Devices, Sites, Products and Services, other technology assets, and business;
- as described to you when collecting your personal information;
- for other business purposes such as in the event of a corporate merger, transaction, or other sale or transfer of some or all of our assets, in which personal information held by us about our users is among the assets transferred.
5. HOW WE SHARE PERSONAL INFORMATION
Poolside may disclose Personal Information to third parties for the purposes listed below:
- if required by law or through a legal process;
- to our authorized distributors, resellers, or sales representatives regarding Poolside Devices, Apps, Products, and Services, including to contact you in connection with those products and services;
- to our authorized service and support providers in connection with installation, maintenance, support, and other services for Poolside Devices, Apps, Products, and Services, including to contact you with respect to those services;
- to third party pool professionals and vendors designated or authorized by you, to facilitate fulfillment of your requests through the Apps, Devices, or Sites for pool products, equipment repairs, or other services provided by such third parties, including to contact you in connection with those products and services;
- to other authorized controllers of your Devices, such as other members of your household, to the extent authorized through the Apps, Devices, or Sites;
- to other users of Poolside Apps, Sites, Devices, Products or Services to the extent that you opt in to associated social media functions of the Apps, Devices, or Sites;
- as otherwise necessary for the provision of our Apps, Sites, Devices, Products and Services;
- when formally requested by law enforcement authorities or other government entities;
- when we believe disclosure is necessary or appropriate to prevent harm or financial loss;
- in connection with an investigation of suspected or actual espionage, cybersecurity or security events, or other fraudulent or illegal activity; and
- for any purpose required by applicable law.
We also may transfer Personal Information to a successor business in the event we sell or transfer all or a portion of our business and assets.
6. PRIVACY OF CHILDREN
Poolside does not knowingly collect or use any Personal Information from children under the age of 13. We do not knowingly allow children to communicate with us or use any of our online services, and we do not anticipate that our site will be of interest to children. If you are under 13, please do not provide information through the Poolside Sites. If you are a parent and have become aware that your child has provided us with information, please contact us as provided below.
7. HOW WE PROTECT PERSONAL INFORMATION
We are committed to keeping personal data secure, and we have implemented technical and organizational measures to protect personal data against its unauthorized access, use, and disclosure. Such measures have been implemented taking into account the state of the art of the technology, their cost of implementation, the risks presented by the processing and the nature of the personal data. When we provide your personal data to our authorized service providers, resellers, distributors, and representatives, we require those companies to protect the personal data they receive and not to use the personal data for any purpose other than providing the required services.
While Poolside is committed to protecting your Personal Information from unauthorized access, use, or disclosure, we cannot fully eliminate all security risks. Sending data over the Internet is never completely secure. Although we take reasonable steps to protect your information when it is in our possession, we cannot guarantee the security of the information during transmission, and any information you send is sent at your own risk.
9. LINKS TO OTHER WEBSITES
10. OPTING IN AND OUT OF EMAIL
At our Sites, you can sign up to receive Poolside email alerts for information that interests you, such as the latest Poolside news and publications. To unsubscribe, click the Unsubscribe link at the bottom of alerts, news or marketing messages we send you.
11. CALIFORNIA CONSUMER PRIVACY ACT
To the extent that the California Consumer Privacy Act of 2018 (“CCPA”), Cal. Civ. Code § 1798.100 et seq., applies to our processing of information we collect or acquire from third parties, and you are a California consumer under the terms of the CCPA, the following provisions apply.
a. Scope. This section applies to Personal Information that we handle as a “business” (as defined under the CCPA) if you are a California resident. For purposes of this Section, “Personal Information” has the meaning given in the CCPA but does not include information exempted from the scope of the CCPA. In addition, this section does not apply to any Personal Information reflecting communications or transactions with you in your capacity as an employee, controlling owner, director, officer or contractor of a company, partnership, sole proprietorship, non-profit or government agency, where your communications or transactions with us occur solely within the context of our provision of services to, or receipt of services from, such an entity.
Poolside does not sell (as that term is defined in the CCPA) the Personal Information we collect or that you provide to us, and we will not sell it without providing a right to opt out.
b. Your California Privacy Rights. California consumers have the following rights under the CCPA:
- Information. To request the following information about how we have collected and used Personal Information during the past 12 months:
- The categories of Personal Information that we have collected.
- The categories of sources from which we collected Personal Information.
- The business or commercial purpose for collecting Personal Information.
- The categories of third parties with whom we share Personal Information.
- Whether we have disclosed your Personal Information for a business purpose, and if so, the categories of Personal Information disclosed to each category of third party recipient.
- Access. To request a copy of the Personal Information that we have collected about you during the past 12 months.
- Deletion. To request that we delete the Personal Information that we have collected from you.
- Nondiscrimination. To exercise the rights described above free from discrimination as provided in the CCPA. We do not deny, charge different prices for, or provide a different level of quality of goods or services if you choose to exercise these rights
- Information About Persons Under 16 Years of Age: We do not knowingly collect personal information from minors under 16 years of age in California unless we have received legal consent to do so. If we learn that personal information from such California residents has been collected, we will take reasonable steps to remove their information from our database (or to obtain legally required consent)
c. How to exercise your rights. You may submit a request to exercise your information, access or deletion rights by emailing email@example.com. We will need to verify your identity to process your information, access and deletion requests and we reserve the right to confirm your California residency. Government identification may be required. If you wish to designate an authorized agent to make a request on your behalf, we will need to verify both your and your agent’s identities and your agent must provide a valid power of attorney or other proof of authority acceptable to us in our reasonable discretion. We cannot process your request if you do not provide us with sufficient detail to allow us to understand and respond to it. In certain cases, we may be required or permitted by law to deny your request.
California residents are also entitled once a year, free of charge, to request and obtain certain information regarding our disclosure, if any, of certain categories of personal data to third parties for their direct marketing purposes in the preceding calendar year. We do not share personal data with third parties for their direct marketing purposes.
e. Do-Not-Track Signals and Similar Mechanisms. Some web browsers may transmit “do-not-track” signals to the websites and other online services with which a user communicates. Poolside does not track user activity over time and across third party websites, and does not currently take action in response to these signals. However, some third party websites keep track of user activity so that they can serve tailored content. If you are visiting such sites, you may be able to set a Do Not Track setting on your browser so that third parties (especially advertisers) know that you do not want your activity to be tracked across websites and over time.
f. No Discrimination. Poolside will not discriminate against any consumer for exercising their rights under the California Consumer Privacy Act.
12. Additional Information for Individuals in the European Economic Area (EEA)
If you are accessing our Sites from or using our Devices, Apps, Products and Services within the EEA, you may have additional privacy rights under the General Data Protection Regulation (GDPR). If you choose to continue using our U.S. Sites, this section provides important information about how your data is processed and how you can exercise your rights under GDPR.
a. Legal basis for processing. When Poolside is the data controller, the processing of your personal data is based on the following legal grounds:
- Performance of a contract. When we need to process your personal data to enter into a contract with you or your employer or to perform a contract that you or your employer may have with us, the processing is based on Article 6, section 1 (b) GDPR. For example, when you use our Products and Services, we will use your personal data to respond to your requests and provide you with such Products and Services.
- Consent. When we process personal data based on your consent, the legal grounds for processing is Article 6 section 1 (a) GDPR.
- Legal obligation. When the processing of personal data is necessary for compliance with a legal obligation to which we are subject, the processing is based on Article 6 section 1 (c) GDPR.
- Legitimate interests. We may process your personal data for our legitimate interests, e.g., to improve our Products and Services and to provide you with relevant information including information for marketing purposes. When we process your personal data based on our legitimate interests, the legal grounds for such processing is Article 6, section 1 (f) GDPR.
b. Purpose of processing. We collect, use, and store your personal data for the reasons set out in Section 4, Purposes for Which We Use Personal Information, above. In addition, we process personal information as follows:
- Where the processing is necessary for us to administer our relationship with you. For example:
- creating and administering orders for you (including, if necessary, processing payments)
- registering, maintaining and managing your account (e.g., email preferences) or for interacting with our business (e.g., via our website, telephone, video conferencing and/or email)
- providing you with support and responding to your queries, feedback, claims and/or disputes
- when you visit our offices or attend our events
- Where necessary for Poolside’s legitimate interests, and where our interests are not overridden by your data protection rights. For example:
- developing product or service features or functionality, including when you give us feature feedback and suggestions
- managing and improving our website, systems and infrastructure
- identifying, developing, and marketing products and services that we believe will interest you
- communicating with you regarding our business, products and services, including promotional offers and suggested products, services, or new features which may be of interest to you
- protecting the security of our premises, assets, systems, customers, customer end users, and intellectual property and enforcing company policies
- undertaking mergers, acquisitions, reorganizations, or disposals, as permitted/required in accordance with local law
- protecting our legitimate business interests and legal rights, including use in connection with legal claims, compliance, regulatory, auditing, investigative and disciplinary purposes (including disclosure of such information in connection with legal process or litigation) and other ethics and compliance reporting requirements
- Where necessary to comply with a legal obligation. For example:
- tax law and similar obligations (e.g., tax and national insurance reporting, filing and withholding)
- responding to court orders, subpoenas or other legal processes with which Poolside is required to comply
- complying with legal, regulatory and other requirements
We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data), nor do we collect any information about criminal convictions and offences.
However, to the extent that we may process any special categories of personal data relating to you, we will do so because: (i) the data has been manifestly made public; (ii) the processing is necessary for the establishment, exercise or defense of a legal claim; (iii) the processing is necessary for reasons of substantial public interest; or (iv) you have given your explicit consent to us to process that information (where legally permissible).
c. Transfer of Personal Information or Personal Data
If you choose to use our U.S. Sites, please note that all data may be stored on servers in the United States. Please also note that if you are outside the U.S., data protection laws in the U.S. may offer a different level of protection.
We (or our service providers) may transfer Personal Information from the European Economic Area to other countries, some of which have not yet been determined by the European Commission to have an adequate level of data protection. For example, those countries’ laws may not guarantee you the same rights, or there may not be a government authority capable of addressing your concerns. When we engage in such transfers, we use a variety of legal mechanisms, including contracts and written assurances from service providers, to help ensure your rights and protections travel with your Personal Information. To learn more about the European Commission’s decisions on the adequacy of the personal data protection in the countries where Poolside operates (such as the United States), please visit: Adequacy of the protection of personal data in non-EU countries.
By using our Sites and Products and Services, you are consenting to the transfer of your data to the United States.
d. Data protection rights and how to exercise them
You may have a right to access and to obtain a copy of your personal data as processed by Poolside. If you believe that any personal data we hold about you is incorrect or incomplete, you may also request the correction of it.
You may also have the right to:
- object to the processing of your personal data;
- request the deletion of your personal data;
- request a restriction on the processing of your personal data; and/or
- withdraw your consent where Poolside obtained your consent to process personal data (without this withdrawal affecting the lawfulness of any processing that took place prior to the withdrawal).
Poolside will respond to such requests for access, correction, deletion or restriction and/or any withdrawal or objection as required under the applicable data protection laws and regulations (including the GDPR). However, please note that such rights are not absolute: they do not always apply, and exemptions may be applicable. Poolside will usually, in response to any such request, ask you to verify your identity and/or provide information that helps us to better understand your request. If we do not comply with your request, we will explain why.
To exercise the above rights with Poolside, you may send an email to firstname.lastname@example.org. If you are not satisfied with how we process your personal data, please let us know and we will investigate your concern.
If you are not satisfied with our response, you have the right to make a complaint to the data protection authority in the jurisdiction where you live or work, or in the place where you think an issue in relation to your data has arisen. The contact details of each Data Protection Authority can be found at the following website: http://ec.europa.eu/justice/data-protection/article-29/structure/data-protection-authorities/index_en.htm.
13. Consent to International Data Transfer
Personal Information collected by Poolside may be stored and processed in your region, in the United States, and/or in any other country where Poolside or its affiliates, subsidiaries, or service providers operate facilities.
14. HOW TO CONTACT US
Effective Date: 03/11/2021