THERMOSPAS PRIVACY POLICY LAST UPDATED AND EFFECTIVE AS OF JUNE 28, 2012

This privacy policy describes how ThermoSpas Hot Tub Products, Inc. and its United States-based affiliates and subsidiaries (collectively, “ThermoSpas”) may handle and use personal identifiable information (“PII”) you submit directly or indirectly to ThermoSpas, whether through your use of any ThermoSpas website (each, a “ThermoSpas Website”), your offline submission of PII to ThermoSpas, your submission of PII to one or more third parties for transmission of the same to ThermoSpas, or otherwise.

The purpose of this privacy policy is to help you make an informed decision about whether to use or continue using any ThermoSpas Website, whether to submit PII to ThermoSpas, and whether to continue to allow ThermoSpas to maintain your PII. If you do not agree to any of the terms of this privacy policy, please (a) refrain from submitting PII to ThermoSpas and (b) request that ThermoSpas remove your PII from the database in which ThermoSpas stores that information. If you need to contact ThermoSpas regarding this privacy policy or ThermoSpas’ use of PII, please direct your inquiries to privacy@thermospas.com.

You can browse parts of each ThermoSpas Website without telling ThermoSpas who you are or revealing any personal information about yourself. However, once you give PII to ThermoSpas you are no longer anonymous to ThermoSpas. Accordingly, if you choose to provide ThermoSpas with PII, you consent to the storage and use of that information pursuant to this privacy policy.

A. WHAT INFORMATION THERMOSPAS MAY COLLECT ThermoSpas may collect any of the following information regarding you:

1. Personal Information. ThermoSpas may collect personal information that can be used to identify you (i.e., PII). As used herein, PII may include, without limitation, your name, email address, mailing address, telephone number, and any other information that could be used to identify you, your ordering history with ThermoSpas’ products or services, and your shopping preferences.
2. Non-Personal Information. When you visit a ThermoSpas Website, ThermoSpas may collect non-personal information such as your browser type, the identity of your internet service provider, your computer’s operating system, the URL of the previous website you visited, and the IP address of the computer you are using. While none of this information standing alone can be easily used to identify you, it may be combined with PII you provide to ThermoSpas.
3. Cookies. When you visit a ThermoSpas Website, ThermoSpas may send a small text file to your computer called a “cookie” that identifies your browser to ThermoSpas’ server. Many web browsers automatically accept cookies, but as part of the functionality within your browser you usually can choose to decline to accept cookies if you prefer. Any cookie sent to your computer by ThermoSpas in connection with your use of a ThermoSpas Website does not give ThermoSpas access to your computer or to any PII. If you disable your browser’s ability to collect cookies from ThermoSpas, certain portions of each ThermoSpas Website may not work properly during your visit to that website.

B. WHAT THERMOSPAS MAY DO WITH INFORMATION IT COLLECTS

1. How ThermoSpas may use your PII. ThermoSpas may use the PII you provide for any of the following reasons:

• To contact and communicate with you regarding your use of a ThermoSpas Website;
• To respond to your questions;
• To process a request you may make for information or materials;
• To provide you with promotional information respecting products manufactured and/or distributed by or services offered by ThermoSpas, its affiliates, and/or its partners;
• To assist you with products you have acquired through ThermoSpas and/or to provide you with warranty services respecting such products;
• To contact you for market research purposes, including, without limitation, the potential customization of a ThermoSpas Website according to your interests;
• To improve a ThermoSpas Website, to improve ThermoSpas’ products and services, and to provide the products, services, and customer support you may want;
• For internal record keeping; and
• To compile statistical records and other aggregate data about usage of a ThermoSpas Website in a way that does not personally identify you but that allows ThermoSpas to more effectively facilitate the promotion of its products and services to appropriate target audiences. ThermoSpas may hire third parties to help it collect and analyze such statistical data, and ThermoSpas may share such data with third parties for this purpose.

2. How ThermoSpas may use non-personal information and cookies.

ThermoSpas may compile data regarding your usage of a ThermoSpas Website and may analyze traffic log cookies to identify which ThermoSpas Website pages are being visited. Such data may help ThermoSpas provide you with a better ThermoSpas Website by enabling ThermoSpas to monitor which pages you find useful and which you do not.

C. CHILDREN

ThermoSpas does not knowingly request, collect, or maintain PII from anyone under the age of thirteen (13) years old without verified parental consent. ThermoSpas’ intention is to refrain from collecting PII from anyone under the age of eighteen (18) years old, whether through a ThermoSpas Website or otherwise. If ThermoSpas learns of ThermoSpas’ collection of PII from anyone under the age of thirteen (13) years old without verified parental consent, ThermoSpas will remove this information from the database in which ThermoSpas stores it.

D. SECURITY

ThermoSpas treats collected PII as an asset that must be protected and utilizes security protocols and tools to safeguard and prevent PII in ThermoSpas’ control from unauthorized access and disclosure. However, third parties may nonetheless unlawfully intercept or access transmissions or private communications concerning PII maintained by ThermoSpas. Although ThermoSpas works hard to protect the privacy of all PII over which ThermoSpas has control, ThermoSpas does not promise, warrant, or guarantee, and thus you should not expect, that any PII you submit to ThermoSpas will always remain private. Your submission, whether direct or indirect, of PII to ThermoSpas is therefore done at your own risk.

E. DISCLOSURES TO THIRD PARTIES

1. Disclosures To Affiliates, Partners, And Service Providers. ThermoSpas may disclose your PII to (a) any ThermoSpas affiliate, (b) any ThermoSpas subsidiary, (c) any thirdparty authorized dealer of products manufactured and/or distributed by ThermoSpas or by any ThermoSpas affiliate or subsidiary; and (d) any third-party entity allowed to act as an authorized warranty service center for products manufactured and/or distributed by ThermoSpas or by any ThermoSpas affiliate or subsidiary. Any of these entities may use the PII you provide to ThermoSpas to contact you regarding products and/or services you acquired from ThermoSpas or to discuss products and/or services ThermoSpas or any ThermoSpas affiliate or subsidiary may have to offer you or in which you may be interested. ThermoSpas may also disclose your PII to any service provider that assists ThermoSpas in operating any ThermoSpas Website and in conducting ThermoSpas’ business.

2. Other Disclosures Generally Prohibited; Exceptions. Except as stated herein, ThermoSpas does not sell, rent, license, or otherwise permit third parties to access your PII. However, ThermoSpas may share PII as it deems necessary in its sole and absolute discretion (a) to prevent an emergency, (b) to protect or enforce the rights of ThermoSpas, of any ThermoSpas affiliate or subsidiary, or of any third party, (c) to comply with any law, rule, court order, or subpoena, (d) to protect the business, property, or operations of ThermoSpas or of any ThermoSpas affiliate or subsidiary, or (e) in connection with any sale, acquisition, merger, or other combination of the business of ThermoSpas or of any ThermoSpas affiliate or subsidiary with any third party.

3. Disclosures At Your Request. ThermoSpas may share your PII with third parties to whom you explicitly ask ThermoSpas to send your information.

F. LINKS TO OTHER WEBSITES

Each ThermoSpas Website may contain links to third party websites to which this privacy policy does not apply. If you use any such link to leave a ThermoSpas Website, ThermoSpas (a) may not have any control over the website to which you may be directed and (b) is not responsible for the protection and privacy of any information you provide to the operator of that other website. ThermoSpas strongly encourages you to read the privacy policy of any website you visit, whether you navigate to that website through a ThermoSpas Website or otherwise, to discern what information that third party website may collect from you and how the operators of that third party website may use that information.

G. REVIEW/OPT OUT

If you would like to review your PII as maintained by ThermoSpas or remove your PII from ThermoSpas’ database, please send an email to privacy@thermospas.com. In your inquiry please specify sufficient information such that ThermoSpas is able to identify who you are and locate your PII, including without limitation your name and your email address.

H. PRIVACY POLICY CHANGES

By using any ThermoSpas Website or by submitting PII to ThermoSpas, you consent to ThermoSpas’ collection and use of PII consistent with this privacy policy. ThermoSpas reserves the right in its sole and absolute discretion to modify any provision in this privacy policy at any time and for any reason consistent with applicable law, and you agree to be bound to any such modification to the same extent as if the modification had been made before you submitted PII to ThermoSpas. If ThermoSpas modifies this privacy policy, (a) ThermoSpas will post the revised privacy policy on each ThermoSpas Website, and (b) the modification shall automatically take effect when the modified privacy policy is first posted. PLEASE PERIODICALLY REVISIT A THERMOSPAS WEBSITE TO REVIEW ANY CHANGES THERMOSPAS MAY HAVE MADE TO THIS PRIVACY POLICY.