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Privacy PolicyLast Updated: 1 February, 2023 Endless Pools ("Endless Pools", "we", "us") is concerned about privacy issues and wants you to be familiar with how Endless Pools collects, uses and discloses your information in connection with our business. Accordingly, we have created this Privacy Policy to describe our practices in connection with information that we collect through: (1) in-person interactions, such as at trade shows, during in-person market research, and at retail stores where our products are sold, to name a few, (2) phone interactions, (3) websites operated by us from which you are accessing this Privacy Policy (the "Sites"), (4) the software applications made available by us for use on or through computers and mobile devices (the "Apps"), (5) our social media pages and apps located at Facebook (https://www.facebook.com/endlesspools) Twitter (https://twitter.com/EndlessPools), Pinterest (https://www.pinterest.com/endlesspools), and Instagram (https://www.instagram.com/endlesspools) (collectively, our "Social Media Pages"), and (6) HTML-formatted email messages that we send to you that link to this Privacy Policy (collectively, including the Sites, Apps and our Social Media Pages, the "Services"). Except as otherwise expressly provided herein, this Privacy Policy does not govern our collection of information through any website not identified in this Privacy Policy or by any other means other than through the Services; nor does this Privacy Policy govern the collection of information by any of our Affiliated Entities (as defined below) or by third parties. We encourage you to read this Privacy Policy before using the Services or submitting your personal information to us. "Personal information" is information that identifies you as an individual or relates to an identifiable individual. Your use of the Services signifies that you agree with all terms of this Privacy Policy, so please do not use the Services if you disagree with any part of this Privacy Policy. Policy ModificationsEndless Pools reserves the right to make changes to this Privacy Policy. In the event that BU makes a material change to this Privacy Policy, it will be posted here. We encourage you to check this page regularly because your continued use of the Services following any changes to the Privacy Policy will be deemed to constitute your acceptance of such change. You can determine when this Privacy Policy was last revised by referring to the "Last Updated" legend at the top of this page. Notice Regarding Use of the Services by ChildrenThe Services are not directed to children under the age of eighteen (18), and we request that children do not provide personal information through the Services. How We Collect and Use Personal InformationWe will collect personal information about you, such as your name, postal address, telephone and mobile numbers, email address, credit card number or other payment number, date of birth, gender, IP address, profile pictures, or social media IDs through your use of the Services, such as when you create an account or profile, order or register a product, order literature, enter contests or incentive programs, sign up for newsletters, download an App, participate in a survey, contact customer service, or otherwise do business with us or interact with the Services. We may also receive your personal information from other sources, such as affiliated entities, public databases and cooperative databases; joint marketing partners; social media platforms; from people with whom you are friends or otherwise connected on social media platforms; as well as from other third parties. For example, if you elect to connect your social media account to your Site account, certain personal information from your social media account will be shared with us, which may include personal information that is part of your profile or your friends' profiles. We use your personal information to do business with you or otherwise provide the services you request from Endless Pools such as responding to product information requests; registering products; fulfilling orders for parts, products or customer service; initiating refunds; administering contests or incentive programs; and facilitating on-line product visualization applications and preferred products catalogs. We also use personal information to send you news about our products and promotions, to conduct online surveys, contests, other similar promotions or incentive programs via email, telephone or postal mail, and to notify you of special events and advertising that you might be interested in. Please see the "Sweepstakes, Contests, and Other Promotions" section below for more information on participating in such activities. Further, we may also use personal information to send you important information regarding the Services, changes to our terms, conditions, and policies and/or other administrative information. Because this information may be important to your use of the Services, you may not opt-out of receiving such communications. In addition, we may use the information to improve Endless Pools's online and other services, such as through customer service and product support, to understand consumer preferences in developing product improvements and innovations. We may also use your personal information for internal business purposes, such as optimizing users' Services experiences and analyzing, managing and expanding our businesses. If you apply for employment with Endless Pools, we may use the personal information you supply to process your job application. The Services may offer a feature that allows you to send an electronic postcard or otherwise share a message with a friend. If you choose to use this feature, we will ask you for the recipient's name and email address, along with the text of any message you choose to include. By using this feature, you are telling us that you are entitled provide us with the recipient's name and email address for this purpose. We may also use your personal information: (i) as necessary or appropriate under applicable law; (ii) where we determine that such use is necessary to comply with the request of a law enforcement or regulatory agency or other legal process; (iii) to protect our operations or those of any of the Affiliated Entities; (iv) to protect the rights, privacy, property, interests or safety of Endless Pools, the Affiliated Entities, Services visitors, customers, business partners, employees or the public; (v) to permit us to pursue available remedies or limit the damages that we may sustain; (vi) to enforce our Terms of Use; (vii) to respond to an emergency; and (viii) in connection with any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of Endless Pools's business, assets or stock (including without limitation in connection with any bankruptcy or similar proceedings). How We Share Personal InformationEndless Pools may share personal information collected via the Services with Affiliated Entities or other third parties as described below. You should also be aware that personal information about you may be transferred to or received by Affiliated Entities or third parties in the U.S. or in other countries, which countries may have different privacy regulations than those applicable in the country where you reside. The Affiliated Entities and third parties that receive your personal information from us are required to process your personal information in accordance with applicable law and cybersecurity/data privacy best practices.
How We Collect and Use Other InformationWe may also collect other information that does not reveal your specific identity or directly relate to an individual through the Services ("other information"), such as domain, URL, browser, device and operating system information, information about visits to the Services pages, App usage data, physical location and information collected through cookies, pixel tags and other technologies, demographic information provided by you that does not reveal your specific identity, and information that has been aggregated in a manner such that it no longer reveals your specific identity. We and our third-party service providers may collect other information in a variety of ways, including:
We may use and disclose other information for any purpose, except where we are required to do otherwise under applicable law. If we are required to treat other information as personal information under applicable law, then we may use it for all the purposes for which we use and disclose personal information. In some instances, we may combine other information with personal information (such as combining your name with your geographic location). If we do combine any other information with personal information, the combined information will be treated by us as personal information in accordance with this Policy. Selling of Personal InformationWe do not sell your personal information or any other information we collect about you to any affiliated or unaffiliated third parties. Retention of Personal InformationWe retain Personal Information for as long as needed or permitted in light of the purpose(s) for which it was collected. The criteria used to determine our retention periods include:
User Generated Content FunctionsCertain pages on the Services, including our Social Media Pages, enable users to create their own profile page or submit their own content (for example, message boards, forums, chat functionality and blogs, among other services). Any information you disclose in connection with such services may be publicly available and be read, collected, or otherwise used by anyone who visits the page on which you have chosen to comment, and you should exercise caution in deciding whether to disclose your information there. Endless Pools cannot prevent such publicly-available information from being used by others in a manner that may violate this Policy, the law, or your personal privacy and safety, and is not responsible or liable for the results of any postings or the use or disclosure of any information that you disclose via such postings. Choice: Opt-outIf you do not wish to receive marketing-related emails from us, or if you would prefer that we do not share personal information about you collected via the Services or otherwise with Affiliated Entities or other third parties for such Affiliates Entities' or other third parties' marketing purposes, you may opt-out of receiving such marketing-related emails and from such sharing by following the unsubscribe instructions contained in each such email. 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 personal information about you from the databases of Affiliated Entities or other third parties with which we have already shared your personal information as of the date on which we implement your opt-out request. If you wish to cease receiving marketing-related emails from such Affiliated Entities or other third parties, please contact such Affiliated Entities or other third parties directly or utilize any opt-out mechanisms set forth in their respective privacy policies or marketing-related emails. Sweepstakes, Contests, and Other PromotionsWe may operate sweepstakes, contests, raffles and similar promotions through the Services that may require online registration with us or with third-party sponsors of such promotions. You should carefully review the rules of each promotion in which you participate through the Services, as they may contain additional important information about BU's or a sponsor's use or disclosure of your personal information. To the extent that the terms and conditions of such rules concerning the treatment of personal information conflict with this Policy, the terms and conditions of such rules shall control. Third-Party ServicesThe Services may contain links to other sites which are not operated by Endless Pools. ENDLESS POOLS IS NOT RESPONSIBLE FOR THE PRIVACY PRACTICES OR THE CONTENT OF SUCH OTHER WEBSITES, INCLUDING WEBSITES OPERATED BY AFFILIATED ENTITIES. We provide such links only as a convenience, and the inclusion of links on the Services does not imply endorsement of the linked site by Endless Pools. If you provide any personal information through any such third-party website, your transaction will occur on such third party's website (and not on the Services) and the personal information you provide will be subject to the privacy policy of that third party. BU recommends that you review the privacy policy of third-party websites arrived at from links on the Services. In addition, we are not responsible for the information collection, usage, disclosure or security policies or practices of other organizations, such as Facebook, Apple, Google, Microsoft, RIM or any other app developer, app provider, social media platform provider, operating system provider, wireless service provider or device manufacturer, including with respect to any personal information you disclose to other organizations through or in connection with the Apps or our Social Media Pages. Third-Party AdvertisersWe may use third-party advertising companies to serve advertisements regarding goods and services that may be of interest to you when you access and use the Services and other websites or online services, based on information relating to your access to and use of the Services and other websites or online services on any of your devices, as well as on information received from third parties. To do so, these companies may place or recognize a unique cookie on your browser (including through the use of pixel tags). They may also use these technologies, along with information they collect about your online use, to recognize you across the devices you use, such as a mobile phone and a laptop. If you would like more information about this practice,and to learn how to opt out of it in desktop and mobile browsers on the particular device on which you are accessing this Privacy Policy, please visit http://www.networkadvertising.org/managing/opt_out.asp and http://www.aboutads.info. You may download the AppChoices app at www.aboutads.info/appchoices to opt out in mobile apps. Security of Personal InformationEndless Pools takes measures designed to protect personal information collected through the Services against unauthorized access, disclosure, alteration or destruction. Unfortunately, however, no security system or system of transmitting data over the Internet can be guaranteed to be entirely secure. 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), please immediately notify us in accordance with the "Questions" section below. For your own protection, we encourage you not to include sensitive personal information, such as payment card information, in any emails you may send to us. Endless Pools will not request sensitive personal information in our emails to you. Jurisdictional IssuesYour personal information may be stored and processed in any country where we have facilities, where our Affiliated Entities are located, or in which we engage service providers, and by using the Services you understand that your information will be transferred to countries outside of your country of residence, which may have data protection rules that are different from those of your country. In certain circumstances, courts, law enforcement agencies, regulatory agencies or security authorities in those other countries may be entitled to access your personal information. QuestionsIf you have any questions about this Policy or how Endless Pools processes your personal information, you may contact Markus Armbruster, Vice President of Information Technology at Masco Corporation, our parent company, whom is responsible for overseeing our North Amerian privacy and data security program, by emailing consumerprivacy@mascohq.com or calling 1-833-724-0948. ADDITIONAL INFORMATION REGARDING THE EUROPEAN UNION, EUROPEAN ECONOMIC AREA, AND SWITZERLANDInternational Personal Information HandlingWe take assorted measures to meet applicable legal requirements for the transfer of your Personal Information to recipients in countries outside of the EU, EEA or Switzerland to ensure that the transfer and handling of your Personal Information receives adequate protection in compliance with applicable data protection rules such as the General Data Protection Regulation ("GDPR"), including the use of EU Standard Contractual Clauses and verifying the recipients have adopted Binding Corporate Rules or adhere to the EU-US and Swiss-US Privacy Shield Framework. Where your Personal Information is transferred within Watkins, we use an intracmpany data transfer agreement. Personal Information RetentionYour personal information will be retained no longer than reasonably necessary to fulfil the purposes set out in this Privacy Policy, unless a longer retention period is required by applicable law. Generally, this means we will retain your personal information so long as we have your consent to do so unless there is legitimate business or legal purpose to retain your personal information for a longer period (such as tax regulations, commercial laws or, for example, warranty purposes). Your RightsYou have the right to request under the GDPR and other relevant international or local data protection rules: (i) access to your personal information (Art. 15 GDPR); (ii) correction of your personal information if it is incomplete or inaccurate (Art. 16 GDPR); (iii) right to deletion (Art. 17 GDPR); (iv) right to restriction of processing (Art. 18 GDPR); (v) right to data portability (Art. 20 GDPR), and (vi) right to object to the processing of your data (Art. 21 GDPR). These rights do not apply if we can show there are compelling and legitimate business or legal reasons for processing that outweigh your interests, or if we need your data for the establishment, exercise or defence of legal claims. If you like would to request a copy of your personal information or exercise any of your other rights, please contact us at privacyrequest@endlesspools.com or by calling 1-800-732-8660. For European Customers, that may be the Data Protection regulator in your country or the Data Protection Authority of our Belgian subsidiary: For UK Customers, that may be the Information Commissioner's Office. |
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