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Privacy Policy ThermoSpas PRIVACY POLICYEFFECTIVE DATE: June, 1, 2023SCOPEThis Privacy Policy applies to personal information processed by ThermoSpas Hot Tub Products Inc. including it's subsidiaries (“ThermoSpas,” “we,” “us,” and “our”) through our Site, mobile applications, and related ThermoSpas offerings. This Privacy Policy is designed to help you understand how we collect, use, and share your personal information and to help you understand and exercise your privacy rights. To make this Privacy Policy easier to read, our Site and related offerings are collectively called the “Services.” Capitalized terms not defined herein will have the meaning set forth in our Terms of Service. SCOPEPERSONAL INFORMATION WE COLLECTINFORMATION YOU PROVIDE TO USINFORMATION COLLECTED AUTOMATICALLYINFORMATION FROM OTHER SOURCESHOW WE USE YOUR INFORMATIONDISCLOSING YOUR INFORMATION TO THIRD PARTIESINTERNATIONAL DATA TRANSFERSSUPERVISORY AUTHORITYYOUR CHOICESSECURITY OF YOUR INFORMATIONTHIRD-PARTY SERVICESCHILDREN’S INFORMATIONYOUR PRIVACY RIGHTSDATA RETENTIONCHANGES TO OUR PRIVACY POLICYCONTACT USSUPPLEMENTAL CANADIAN PRIVACY NOTICESUPPLEMENTAL STATE PRIVACY NOTICEPERSONAL INFORMATION WE COLLECTThe categories of personal information we collect depend on how you interact with our Services. For residents of certain states and international jurisdictions, more information is available in our supplemental disclosure below. INFORMATION YOU PROVIDE TO USAccount Details. We may collect information when you create an account, such as your name, email address, phone number, and address. Orders. If you place an order with ThermoSpas, we will record the personal information and details associated with the transaction. For example, we will collect information about the Products you purchase, your billing and shipping address, phone number, and payment information. Please note that we use a third-party service provider to collect and process payment card information on the Services. ThermoSpas does not directly collect or store any payment card information provided to the Services, but it may receive information associated with your payment card information (e.g., your billing details). Your Communications with Us. We collect personal information from you such as your email address, phone number, or mailing address when you request information about our Products and services, register a warranty, sign up for marketing from us, register for our newsletter, request customer or technical support, or otherwise communicate with us. Surveys. We may contact you to participate in surveys. If you decide to participate, you may be asked to provide certain information which may include personal information. Interactive Features. We may offer interactive features such as customer service chat tools, forums, blogs and social media pages. We and others who use our Services may collect the information you submit or make available through these interactive features. Where permitted by law, any content you provide on the public sections of these features will be considered “public” and is not subject to the privacy protections referenced herein. Conferences, Trade Shows, and Other Events. We may attend conferences, trade shows, and other events where we collect personal information from individuals who interact with or express an interest in ThermoSpas. If you provide us with any information at one of these events, we will use it for the purposes for which it was collected. Sweepstakes or Contests. We may collect personal information you provide for any sweepstakes or contests that we offer. In some jurisdictions, we are required to publicly share information of sweepstakes and contest winners. Job Applications. We may post job openings and opportunities on our Services. If you respond to one of these postings, we may collect your personal information, such as your application, CV, cover letter, and/or any other information you provide to us. INFORMATION COLLECTED AUTOMATICALLYAutomatic Data Collection. We may collect certain information automatically when you use the Services. This information may include your Internet protocol (IP) address, user settings, MAC address, cookie identifiers, mobile advertising and other unique identifiers, details about your browser, operating system or device, location information including, the location of your tub if its connected to a mobile application, or, with your consent where required by law, precise location to help you find the closest dealer to your location, and inferred location based on your IP address), Internet service provider, mobile carrier, pages that you visit before, during and after using the Services, information about the links you click, information about how you interact with the Services, including the frequency and duration of your activities, items or keywords you search for, details about your search criteria, the Products that you browse, and other information about how you use the Services. Cookie Policy and Other Tracking Technologies (e.g., Cookies, Pixel Tags/Web Beacons, and Analytics Information). We, as well as third parties that provide content, advertising, or other functionality on the Services, may use cookies, pixel tags, local storage, and other technologies (“Technologies”) to automatically collect information through the Services. Technologies are essentially small data files placed on your device that allow us and our partners to record certain pieces of information whenever you visit or interact with our Services.
How We Use Automatic Collection Technologies. We, as well as third parties that provide content, advertising, or other functionality on the Services, may use cookies, pixel tags, local storage, and other technologies to automatically collect information through the Services. Our uses of these Technologies fall into the following general categories:
INFORMATION FROM OTHER SOURCESThird-Party Organizations. We may obtain information about you from other sources, including from third-party services and organizations where permitted by law. For example, if you purchase a Product with financing made available via a third-party financing provider, that provider may share personal information related to your order with us. ThermoSpas Dealers and Affiliates. ThermoSpas authorized dealers and entities may share some personal information with us in connection with your purchases where permitted by law. For example, we may receive information about your purchase of a Product that is eligible for warranty registration. Referrals and Sharing Features. Our Services may offer various tools and functionalities. For example, we may allow you to provide information about your friends or colleagues through our referral services. Our referral services may allow you to forward or share certain content with friends or colleagues, such as an email inviting your colleague to use our Services. Please only share with us contact information of people with whom you have a relationship (e.g., relative, friend, neighbor, or co-worker). HOW WE USE YOUR INFORMATIONWe use your personal information for a variety of business purposes, including: To Provide the Services, Products, or Information Requested, such as:
Administrative Purposes, such as:
We may use your information for other legitimate business purposes as permitted by law. Marketing Our Products and Services. We may use personal information to tailor and provide you with content and advertisements. We may provide you with these materials as permitted by applicable law including, but not limited to, by email, telephone and text message (including via automatic telephone dialing system), direct mail, and custom audiences advertising. Consent for calls and texts is not required as a condition to purchase Products or services. Message and data rates may apply. Some of the ways we market to you include email campaigns, text messages, custom audiences advertising, and “interest-based” or “personalized advertising,” including through cross-device tracking. If you have any questions about our marketing practices or if you would like to opt out of the use of your personal information for marketing purposes, you may contact us at any time as set forth below. Consent. We may use personal information for other purposes that are clearly disclosed to you at the time you provide personal information or with your consent. Use De-identified and Aggregated Information. We may use personal information and other data about you to create de-identified and/or aggregated information, such as de-identified demographic information, de-identified location information, information about the device from which you access our Services, or other analyses we create. De-identified and/or aggregated information is not personal information, and we may use and disclose such information in a number of ways, including research, internal analysis, analytics, and any other legally permissible purposes. DISCLOSING YOUR INFORMATION TO THIRD PARTIESWe may share your personal information with the following categories of third parties: Business Partners. We may share your personal information with business partners to provide you with a product or service you have requested. We may also share your personal information with business partners with whom we jointly offer products or services. Service Providers. We may share any personal information we collect about you with our third-party service providers. The categories of service providers to whom we entrust personal information include service providers for: (i) the provision of the Services; (ii) the provision of information, products, and other services you have requested; (iii) marketing and advertising; (iv) payment and transaction processing; (v) customer service activities; and (vi) the provision of IT and related services. ThermoSpas Dealers and Affiliates. ThermoSpas is a global company that works with a network of trusted authorized resellers. We share your personal information with a ThermoSpas authorized dealer near you to facilitate Product sales, shipment, delivery, or installation as well as to provide maintenance and other services related to your Product. Where you consent and/or where permitted by law, we also share your personal information with other companies within the ThermoSpas family for marketing and sales purposes. Third-Party Financing Providers. Some of our Products may be eligible for financing offered by third-party financing providers. If you interact with a third-party financing provider, they will collect the personal information that you provide to them. Please note that the third-party financing provider is directly collecting personal information from you and may process your information in accordance with its privacy policy. In addition, if you finance the purchase of a Product through a third-party financing provider, ThermoSpas will share personal information about your order with the third-party financing provider. We are not responsible for the third-party financing provider’s processing of your personal information. Advertising Partners. Through our Services, we may allow third party advertising partners to set Technologies and other tracking tools to collect information regarding your activities and your device (e.g., your IP address, cookie identifiers, page(s) visited, location, time of day). These advertising partners may use this information (and similar information collected from other websites) for purposes of delivering targeted advertisements to you when you visit third party services within their networks. This practice is commonly referred to as “interest-based advertising”, “cross-context behavioral advertising” or “personalized advertising.” If you prefer not to share your personal information with third-party advertising partners, you may follow the instructions below. APIs/SDKs. We may use third-party Application Program Interfaces (“APIs”) and software development kits (“SDKs”) as part of the functionality of our Services. For more information about our use of APIs and SDKs, please contact us as set forth below. Disclosures to Protect Us or Others. We may access, preserve, and disclose any information we store in association with you to external parties if we, in good faith, believe doing so is required or appropriate to: (i) comply with law enforcement or national security requests and legal processes, such as a court order or subpoena; (ii) protect your, our, or others’ rights, property, or safety; (iii) enforce our policies or contracts; (iv) collect amounts owed to us; or (v) assist with an investigation and prosecution of suspected or actual illegal activity. Disclosure in the Event of Merger, Sale, or Other Asset Transfer. If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, purchase or sale of assets, or transition of service to another provider, then your information may be sold or transferred as part of such a transaction, as permitted by law and/or contract. We may share your information with third parties as appropriate and permitted by law. The privacy choices you may have about your personal information are determined by applicable law and are described below. INTERNATIONAL DATA TRANSFERSAll information processed by us may be transferred, processed, and stored anywhere in the world, including but not limited to, the United States or other countries, which may have data protection laws that are different from the laws where you live. We endeavor to safeguard your information consistent with the requirements of applicable laws. There may be additional information specific to your country, which may be found on the applicable ThermoSpas website. SUPERVISORY AUTHORITYDepending on where you are located, you may have the right to lodge a complaint with a supervisory authority if you believe our processing of your personal information violates applicable law. YOUR CHOICESGeneral. You may be able to opt out of certain uses of your personal information. Email Communications. If you receive an unwanted email from us, you can use the unsubscribe link found at the bottom of the email to opt out of receiving future emails. Note that you will continue to receive transaction-related emails regarding products or Services you have requested. We may also send you certain non-promotional communications regarding us and our Services, and you will not be able to opt out of those communications (e.g., communications regarding the Services or updates to our Terms of Service or this Privacy Policy). Text Messages. You may opt out of receiving text messages by replying “STOP” to a text message you have received from us or by otherwise contacting us. Phone Calls. If you receive an unwanted phone call from us, you may opt out of receiving future phone calls from us by following the instructions which may be available on the call or by otherwise contacting us as set forth in the “Contact Us” below. Mobile Devices. We may send you push notifications through our mobile application. You may opt out from receiving these push notifications by changing the settings on your mobile device. With your consent, we may also collect precise location-based information via our mobile application. You may opt out of this collection by changing the settings on your mobile device. Cookies and Interest-Based Advertising. You may stop or restrict the placement of Technologies on your device or remove them by adjusting your preferences as your browser or device permits, or you may opt-out of certain Technologies by visiting the Cookie Preference Center on our Site . However, if you adjust your preferences, our Services may not work properly. Please note that cookie-based opt-outs are not effective on mobile applications. However, you may opt-out of personalized advertisements on some mobile applications by following the instructions for Android, iOS, and others. The online advertising industry also provides websites from which you may opt out of receiving targeted ads from data partners and other advertising partners that participate in self-regulatory programs. You can access these and learn more about targeted advertising and consumer choice and privacy by using the following hyperlinks to visit the Network Advertising Initiative, the Digital Advertising Alliance, the European Digital Advertising Alliance, and the Digital Advertising Alliance of Canada. Please note you must separately opt out in each browser and on each device. “Do Not Track”. Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. Please note that we do not respond to or honor DNT signals or similar mechanisms transmitted by web browsers. SECURITY OF YOUR INFORMATIONWe take steps to ensure that your information is treated securely and in accordance with this Privacy Policy. Unfortunately, no system is 100% secure, and we cannot ensure or warrant the security of any information you provide to us. To the fullest extent permitted by applicable law, we do not accept liability for unauthorized disclosure. By using the Services or providing personal information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Services. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Services, by mail, or by sending an email to you. THIRD-PARTY SERVICESThe Services may contain links to third-party services and other third-party services may reference or link to our Services. These third-party services are not controlled by us. We encourage our users to read the privacy policies of each third-party service with which they interact. We do not endorse, screen or approve, and are not responsible for, the privacy or security practices of such third-party services. Using or providing personal information to these third-party services is at your own risk. CHILDREN’S INFORMATIONThe Services are not directed to children under 13 (or other age as required by local law), and we do not knowingly collect personal information from children. If you learn that your child has provided us with personal information without your consent, you may contact us as set forth below. If we learn that we have collected a child’s personal information in violation of applicable law, we will promptly take steps to delete such information. YOUR PRIVACY RIGHTSIn accordance with applicable law, you may have the right to: (i) request confirmation of whether we are processing your personal information; (ii) obtain access to or a copy of your personal information; (iii) receive an electronic copy of personal information that you have provided to us, or ask us to send that information to another company (the “right of data portability”); (iv) object to or restrict certain uses of your sensitive personal information; (vi) opt out of the processing of your personal information for purposes of (a) targeted or cross-contextual advertising, (b) profiling in furtherance of decisions that produce legal or similarly significant effects concerning you, and (c) sale of your personal information; (vii) seek correction or amendment of inaccurate, untrue, incomplete, or improperly processed personal information; (viii) withdraw your consent; and (ix) request erasure of personal information held about you by us, subject to certain exceptions prescribed by law. If you would like to exercise any of these rights, please contact us as set forth below. We will process such requests in accordance with applicable laws. To protect your privacy, we will take steps to verify your identity before fulfilling your request. DATA RETENTIONWe store the personal information we receive as described in this Privacy Policy for as long as you use our Services or as necessary to fulfill the purpose(s) for which it was collected, provide our Services, resolve disputes, establish legal defenses, pursue legitimate business purposes, enforce our agreements, and comply with applicable laws. CHANGES TO OUR PRIVACY POLICYWe may revise this Privacy Policy from time to time in our sole discretion. If there are any material changes to this Privacy Policy, we will notify you as required by applicable law. You understand and agree that you will be deemed to have accepted the updated Privacy Policy if you continue to use the Services after the new Privacy Policy takes effect. This Privacy Policy was last updated per the effective date. CONTACT USIf you have any questions about our privacy practices or this Privacy Policy, or if you wish to submit a request to exercise your rights as detailed in this Privacy Policy, please contact us at: ThermoSpas Hot Tub Products Inc. SUPPLEMENTAL CANADIAN PRIVACY NOTICEThe file containing your personal information will be maintained on our servers or those of our service providers and will be accessible by our authorized employees, contractors and service providers who require access for the purposes described in this policy. We use reasonable physical, organizational and technological security measures to protect the personal information in our control from unauthorized access, use or disclosure. However, please be aware that no security measures can provide absolute security and therefore we cannot guarantee that your personal information will not be accessed, disclosed or used without authorization. If you would like to submit a request to access or correct your personal information that you have previously provided to us, or withdraw your consent to our processing your personal information, you can contact us using the details listed in the “Contact Us” section above. SUPPLEMENTAL U.S. STATE PRIVACY NOTICEScope of Supplemental State Privacy Notice. This Supplemental State Privacy Notice applies to our processing of personal information under applicable laws in certain states, including California, Virginia, and Colorado. The following table describes the categories of personal information ThermoSpas has collected and whether ThermoSpas disclosed that personal information for a business purpose (e.g., to a service provider) in the preceding 12 months.
Additional Privacy Rights for Residents of certain states. The categories of sources from which we collect personal information and our business and commercial purposes for using personal information are set forth above. We do not process sensitive personal information to infer characteristics about individuals or except as permitted by applicable state law. “Sales” of Personal Information and Right to Opt-Out of Sharing of Personal Information for Targeted or Cross Contextual Advertising. For purposes of state law, ThermoSpas does not “sell” personal information, nor do we have actual knowledge of any “sale” of personal information of minors under 16 years of age.That said, we may share information with third-party advertising partners for the purpose of promoting our Services as described above, such as for cross-context behavioral advertising. We may share the following categories of data with Advertising partners for this purpose:
To the extent that such sharing is considered a “sale”, "sharing", or "targeted advertising" under applicable state law, you may limit such sharing by following the instructions found above in the section titled, Your Privacy Choices and Rights > Your Privacy Choices > Cookies and Personalized Advertising here, or by contacting us as set forth in “Contact Us” above, by clicking on the "Your Privacy Choices" link found here, or by:
Supplemental Notice for Nevada. If you are a resident of Nevada, you have the right to opt-out of the sale of certain personal information to third parties who intend to license or sell that personal information. You can exercise this right by contacting us at privacy@ThermoSpas.com with the subject line “Nevada Do Not Sell Request” and providing us with your name and the email address associated with your account. Please note that we do not currently sell your personal information as sales are defined in Nevada Revised Statutes Chapter 603A. If you have any questions, please contact us as set forth in Contact Us above. Non-Discrimination. Residents of certain states have the right not to receive discriminatory treatment by us for the exercise of their rights conferred by applicable law. Authorized Agent. Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. To designate an authorized agent, provide written authorization signed by you and your designated agent and please contact us as set forth above. Verification. When you make a request, we will ask you to provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative, which may include confirming the email address associated with any personal information we have about you. Refer-a-Friend and Similar Incentive Programs. As described above in “How We Use Your Personal Information” (“Share Content with Friends or Colleagues”), we may offer referral programs or other incentivized data collection programs. For example, we may offer incentives to you such as discounts or promotional items or credit in connection with these programs, wherein you provide your personal information in exchange for a reward, or provide personal information regarding your friends or colleagues (such as their email address) and receive rewards when they sign up to use our Services. (The referred party may also receive rewards for signing up via your referral.) These programs are entirely voluntary and allow us to grow our business and provide additional benefits to you. The value of your data to us depends on how you ultimately use our Services, whereas the value of the referred party’s data to us depends on whether the referred party ultimately uses our Services. Said value will be reflected in the incentive offered in connection with each program. If you would like to exercise any of your rights, please contact us as set forth above. We will process such requests in accordance with applicable laws. California Shine the Light. The California “Shine the Light” law permits users who are California residents to request and obtain from us once a year, free of charge, a list of the third parties to whom we have disclosed their personal information (if any) for their direct marketing purposes in the prior calendar year, as well as the type of personal information disclosed to those parties. If you are a California resident and would like to request this information, please contact us as set forth below. © 2023 ThermoSpas Hot Tub Products Inc. . All rights reserved. |
