Privacy Policy

EFFECTIVE DATE: May 1, 2018 This Privacy Statement (this “Statement”) describes the type of information that Pool and Spa Resources, LLC (“Pool and Spa Resources, LLC” or “we”) collects through your use of our online platform www.poolcalculator.com (including all subdomains, such as support.poolcalculator.com), mobile apps, and social media channels (collectively, the “Services”). This Statement does not apply to information collected about you through any other means, including information collected by third parties or through non-electronic or offline means.

This Statement covers:

What personal information is collected by Pool and Spa Resources, LLC through our Services. How Pool and Spa Resources, LLC uses this information. With whom Pool and Spa Resources, LLC may share personal information. What choices are available to you with respect to collection, use and sharing of this information. What types of security procedures are in place to protect the loss or misuse of this information under our control. By accessing or using the Services, you consent to our use of your personal information as described in this Statement. This Statement may change from time to time. Your continued use of a Service after we make changes is deemed to be acceptance of those changes, so please check the Statement periodically for updates.

This Statement is part of, and is governed by, the Pool and Spa Resources, LLC Terms of Service.

A. INFORMATION WE COLLECT We collect information from you in two ways. First, you provide us with certain information when you register for and use our Services. Second, we collect certain information automatically as you interact with our Services.

1. INFORMATION YOU PROVIDE TO US We may collect personally identifiable information from you when you register as a user, post to user support forums, make in-app purchases, download our apps from third party app stores, interact with us on our social media channels, submit content or send us feedback. If you do not want us to collect this information, please do not provide it. We directly collect the following types of information that you provide to us:

Identifying information. We may collect personal information, including your name, email address, phone number, team number, mailing address, birth date, and emergency contact information. User generated content. When you provide comments, we may collect that content and associate it with your account. We use a third-party payment processor, Stripe, to handle payment transactions. You can read about Stripe’s privacy practices in the Stripe Privacy Policy.

2. INFORMATION WE AUTOMATICALLY COLLECT FROM YOU WHEN YOU USE THE SERVICES Information collected through our cookies and pixel tags. We (or service providers on our behalf) may use technologies, including “cookies” and “pixel tags,” to automatically collect information from you when you use the Services. Cookies are small amounts of data that are stored within your Internet browser, which saves and recognizes your browsing habits. Pool and Spa Resources, LLC uses both session cookies (which track a user’s progression during one site visit) and persistent cookies (which track a user over time). A pixel tag is a type of technology placed on a website or within the body of an email for the purpose of tracking activity on websites, or when emails are opened or accessed, and is often used in combination with cookies.Information that may be collected by cookies and pixel tags when you use the Services may include, without limitation: web pages you visit; date and time of your visit to or use of the Services; usage and activity data related to the Services; websites you visit before or after visiting the Services; browser type; Internet Protocol (IP) address used to connect your computer or mobile device to the Internet; your computer or mobile device and connection information, such as your browser type and version, operating system, and platform; and your device identifier. You can delete cookie files from your hard drive, or avoid them altogether, by configuring your browser to reject them or to notify you when a cookie is being placed on your hard drive. Not all features of the Services will function as intended if you reject cookies. You can read more about this automatic data collection in Section D(4) below.

Location Information. When you use the Service, we may collect your precise location data. For instance, if you permit the Pool and Spa Resources, LLC app to access location services, we may collect the precise location of your device when the app is running in the foreground or background. We may also derive your approximate location from your IP address. Call and SMS Data. Our Services facilitate communications. In connection with facilitating this service, we receive call data, including the data and time of the call or SMS message, phone numbers, and the content of the SMS message. The information we collect automatically is statistical information and may include personal information, or we may maintain it or associate it with personal information we collect in other ways or receive from third parties. If you do not want us to collect this information, please do not use the Services.

B. “DO NOT TRACK” REQUESTS Your Internet browser and mobile device may allow you to adjust your browser settings so that “do not track” requests are sent to the websites you visit. Pool and Spa Resources, LLC does not respond to “do not track” signals at this time.

C. HOW WE USE THE INFORMATION WE COLLECT We may use information collected from or about you for any of the following purposes:

developing, providing and improving the Pool and Spa Resources, LLC Services; managing and verifying your account and the identity of users of the Services; contacting you when necessary about your account or your use of the Services; sending you information about our products and services as well as our company in general; responding to support requests; complying with regulatory requirements for the maintenance of records; conducting internal reviews of our Services to help us better understand visitors’ and customers’ uses of our Services; protecting the security and integrity of our Services; complying with court orders and legal process, and to enforce our Terms of Service and this Statement; and any other legal, business or marketing purposes that are not inconsistent with the terms of this Statement. We may combine information we collect about you through the Services with other information about you that we receive from third-party sources. By way of example and not limitation, we may use a change of address or other list service to ensure that our records for your account are accurate.

D. HOW WE SHARE YOUR INFORMATION WITH THIRD PARTIES We may share the personally identifiable information we collect in connection with the Services with third parties, as described below:

1. PUBLIC CONTENT If you post comments, images, and other content to a support forum, that information (associated with your user name) will be publicly viewable.

2. SERVICE PROVIDERS We may share your personal information with our third-party distributors, partners, vendors, suppliers and other service providers who provide services to us or on our behalf, such as operating and supporting the Services.

3. THIRD-PARTY ANALYTICS PROVIDERS We may also share your personal information with third parties who conduct marketing studies and data analytics. These third parties may combine your information with the information of other consumers for purposes of conducting these studies and/or analytics. For example, we use certain Google products to track and report activity within the Services:

We use Google Analytics for tracking and reporting activity within the Services. This allows us to better understand our users and to optimize their digital experience. We use the Google User ID features to associate data from the different devices and multiple sessions of users, and we may stitch together session data from unauthenticated user visits with authenticated user visits to give us a more accurate count of our users in order to improve usage data. We use data from the Google Display Network for demographic and interest reports to better understand and serve our audience. We may connect this data with data from our registered user database to understand the usage and needs of our registered users. Note that Google prohibits the transmission of personally identifiable information to Google, so we will not transmit any such information to Google. You have choices regarding Google’s use of your information:

For more information about how Google collects and processes data when you visit websites or use apps that use Google technologies, please see “How Google uses data when you use our partners’ sites or apps” at www.google.com/policies/privacy/partners. If you wish to opt out of having your data used by Google Analytics, you may download and install on all your browsers the Google Analytics Opt-out Browser Add-on developed by Google for this purpose, available at https://tools.google.com/dlpage/gaoptout/.

4. OUR AFFILIATES We may share some or all of your information with our subsidiaries and corporate affiliates, joint venturers, or other companies that are or may become under common control with us. We will require these entities to comply with the terms of this Statement with regard to their use of your information.

5. THIRD-PARTY SITES When you use your Pool and Spa Resources, LLC account to sign in to third-party sites or to access third-party services (e.g., use plugins for Facebook, Google +, and Twitter), both Pool and Spa Resources, LLC and those third-party sites may collect information and use it to recommend content specifically tailored to you. When you use third-party services to access Pool and Spa Resources, LLC Services(e.g., through Facebook, Google +, and Twitter), both Pool and Spa Resources, LLC and those third-party sites may collect information and use it to recommend content.

6. TRANSFER OR ASSIGNMENT IN CONNECTION WITH BUSINESS TRANSFERS OR BANKRUPTCY In the event of a merger, acquisition, reorganization, bankruptcy or other sale of all or a portion of our assets, any user information owned or controlled by us may be one of the assets transferred to third parties. We reserve the right, as part of this type of transaction, to transfer or assign your personal information and other information we have collected from users of the Services to third parties. Other than to the extent ordered by a bankruptcy or other court, or as otherwise agreed to by you, the use and disclosure of all transferred user information will be subject to this Statement. However, any information you submit or that is collected after this type of transfer may be subject to a new privacy policy adopted by the successor entity.

7. RESPONSE TO SUBPOENAS OR COURT ORDERS, OR PROTECTION OF OUR RIGHTS We may disclose your information to government authorities or third parties if:

you have given us permission to share your information; we are required to do so by law, or in response to a subpoena or court order; we believe in our sole discretion that disclosure is reasonably necessary to protect against fraud, or to protect our property or other rights, or those of other users of the Services, third parties, or the public at large; or we believe that you have abused a Service by using it to attack or gain unauthorized access to a system or to engage in spamming or other conduct that violates applicable laws or the Pool and Spa Resources, LLC Terms of Service. 8. AGGREGATE INFORMATION We may share aggregate or de-identified information without restriction. While this information will not identify you personally, in some instances third parties may be able to combine this aggregate information with other data they have about you, or that they receive from other third parties, in a manner that allows them to identify you personally.

E. YOUR CHOICES We provide the opportunity to opt out of receiving communications from us and our partners at the point where we request information about you. In addition, you may unsubscribe or opt out of receiving communications from us by clicking the unsubscribe link on any email marketing communication you receive.

You may also change certain details in your profile by logging in and revising or deleting your account information.

F. CALIFORNIA PRIVACY RIGHTS Under California Civil Code sections 1798.83-1798.84, California residents are entitled to ask us for a notice that identifies the categories of personal information we share with affiliates and/or third parties for marketing purposes, and provides contact information for such affiliates and/or third parties.

G. HOW WE PROTECT YOUR INFORMATION We have implemented commercially reasonable measures designed to secure your personal information from unauthorized access, use, alteration and disclosure. For example, database information is kept separate from live servers, and is firewall protected. However, the transmission of information via the Internet is not completely secure. You acknowledge that: (a) the limitations of the Internet are beyond our control; (b) the security, integrity and privacy of information and data exchanged between you and us cannot be guaranteed; and (c) any such information and data may be viewed or tampered with in transit by a third party. Pool and Spa Resources, LLC has no responsibility or liability for the security of information transmitted via the Internet.

H. CORRECTING/UPDATING YOUR INFORMATION You may have the right to access the personal information we collect about you. You may also have the right to correct any errors contained in that information. For details, please email us at [email protected].

I. NO USE BY CHILDREN The Services are not intended for users younger than 13. We do not knowingly collect contact information from children under the age of 13 without verifiable parental consent. If we become aware that a visitor under the age of 13 has submitted personal information without verifiable parental consent, we will remove his or her information from our files.

J. USE OF INFORMATION OUTSIDE YOUR COUNTRY OF RESIDENCE The Services are directed to users located in the United States. If you are located outside of the United States and choose to use the Services or provide your information to us, you should be aware that we may transfer your information to the United States and process it there. The privacy laws in the United States may not be as protective as those in your jurisdiction. Your consent to this Statement followed by your submission of information to us through or in connection with the Services represents your agreement to the transfer of your information to the United States.

K. CHANGES TO THIS PRIVACY STATEMENT We may change this Statement from time to time. If we decide to make a material change in this Statement, we will post it on this page. Your continued use of the Services after the posting of changes to this Statement will mean you accept these changes. In some cases, we may attempt to contact you through an email or other address you have provided, so we can give you choices about our using your information in a manner different from that stated at the time of collection. If we make any material changes in our privacy practices that affect your personally identifiable information that is already in our possession, we will apply those changes to that older information only with your consent or as otherwise allowed by law.

L. CONTACT US If you have any questions about this Statement or our use of the information we collect from you in connection with the Services, email us at [email protected].