PRIVACY POLICY

We respect your privacy and are committed to protecting it. This Privacy Policy explains our policies and practices regarding how we collect, use, and safeguard customer information that we collect or that you provide through this website or by other means. This Privacy Policy also includes information about how you can contact us if you have any questions or concerns, or to update the Personal Information (as defined below) and other information we have on file about you. It is our intention through this policy to provide you with a level of comfort and confidence and we sincerely hope to develop a trusting and long-lasting relationship with you. By using this website, clicking to accept the terms of this Privacy Policy on the Site, and/or by otherwise providing Personal Information and other information to Leisure Pools and/or its representatives or affiliates, including without limitation Explore Industries USA, Inc. and The Pool Company, LLC (collectively, “Leisure Pools,” “we” or “us”), you agree to the terms of this Privacy Policy.

This Privacy Policy applies to https://blueorcapools.com and https://leisurepoolsusa.com and various other similar and/or related sites that are owned and maintained by Leisure Pools (collectively, the “Site”).

The business purpose of the Site is to provide visitors with: (1) knowledge of the features and benefits of the complete line of Leisure Pools^® swimming pools, spas, water features, tanning ledges and related equipment; (2) purchasing-related information such as available incentives, services, product inventory, product warranty, and contact details for dealers authorized to sell Leisure Pools^® products; (3) information on caring for and maintaining Leisure Pools^® products; (4) the ability to register the warranty on an applicable Leisure Pools^® product; (5) the ability to save and share certain content that is of interest to you such as your favorite swimming pools, technologies, and photos and videos; (6) the opportunity to comment on various posts and blogs; and (7) the opportunity to share your story regarding a Leisure Pools^® product.

On certain portions of the Site, you may be asked to provide Personal Information in connection you’re your use of various site features, including without limitation when you request information or a contact from your local dealer, register your warranty and/or request service. When you provide your Personal Information in these instances, it is collected by Leisure Pools. If you choose to provide your Personal Information to us, please note that it will be subject to this Privacy Policy.

When you visit the Site, we will not collect any Personal Information about you unless you provide it to us voluntarily on an “opt-in” basis. If you opt not to provide us with Personal Information, you can still access the Site; however, you may be unable to participate in certain promotions, create login credentials in order to use certain functionalities on the Site, or receive certain product information. By opting to provide us your Personal Information, you consent to our use and disclosure of your Personal Information as described in this Privacy Policy. You can withdraw your consent at any time after you have given it to us, provided there are no legal requirements that prevent this. If you withdraw your consent, we may not be able to provide you with certain products or services. As used in this Privacy Policy, “Personal Information” means information that can be associated with an individual and can be used to identify that individual, including information that is defined as “personal information” under any applicable laws, which may include, without limitation, any names, addresses, telephone numbers, email addresses, credit card numbers, social security or social insurance numbers or other identifying numbers, symbols or other particulars assigned to an individual.

Certain pages of the Site may allow you to create login credentials by typing in your user name/ID and password and other information. If you choose to create login credentials, we will store these login credentials.

Our primary goal in collecting Personal Information from you when you visit the Site is to provide you the functionality and services that you need to have a meaningful and customized experience while using the Site features. We need to collect Personal Information to fulfill a Site user request such as mailing a brochure, generating a lead, sending marketing or promotional materials (including e-mails or other information), registering or transferring a product warranty and fulfilling purchase and service requests.

You may be able to post things, such as reviews or stories, to the Site. In doing so, you grant us permission to also post your name along with your review or story. Please keep in mind that if you disclose Personal Information or other sensitive data through a chat room, message board, or other public online forums or social media, this information may be collected and used by others.

The Site may use session and persistent “cookies” to collect Personal Information.

Personal Information collected on the Site and Personal Information otherwise provided by you may be used to:

• Fulfill a Site user request (e.g., for brochure fulfillment, lead generation, marketing or promotional materials, including e-mails or other information or to save or share content)
• Fulfill and/or deliver an order for goods or services
• Respond to your comments or requests for information
• Meet a request for or to develop new products or services
• Make the user experience more efficient or customer friendly
• Contact you, if necessary, in the course of processing or shipping an order for products or services
• Fulfill your request to register or transfer your product warranty
• Generate Site analytics that improve our Site layout, content, product offerings and services
• Compile user data (which may include Personal Information) that is stored in our corporate database and may be used for marketing and other purposes
• Match Personal Information collected here with data about you that we collect through other sources
• Comply with legal requirements
• Collect monies owing to us or permit us to pursue available remedies or limit damages

During a normal visit to our Site, no Personal Information about you is collected. Most information on our Site is free to browse at your leisure without the need for you to provide us with any Personal Information. The Site collects other, non-Personal Information from Site visitors. This means that we do not track these items on an individual basis that identifies the Site visitor, but rather gather and collect this information on an aggregate or anonymized basis that includes all Site visitors. Non-Personal Information may include information such as tracking the Site pages that are visited, the amount of time spent on our Site, clicks, page views, events (e.g., which shopping tools with which you interacted), IP addresses and zip codes.

If you visit a related mobile site or are directed to the Site via a QR Code that you scanned, we collect additional non-Personal Information that may include the type/model of the mobile device viewing the Site and the mobile device’s service provider. Our primary goal in collecting aggregate information from you is to be able to perform Site metrics that allow us to improve the functionality of the Site. We need to collect aggregate information in order to track page visits and peak Site usage time, and to perform Site click-through analysis and Site layout re-design.

We may use session and persistent “cookies,” session logs, spotlight ads/web beacons/GIF/pixel tags, banner ads or links, and third-party click-tracking analytics tools (such as DART, Omniture tags, DoubleClick, Efficient Frontier, Flurry and Google Analytics) to collect aggregate or other non-Personal Information about Site visitors. An explanation for each of these items and how they work is included in the Methods to Collect Information and Interest-Based/Online Behavioral Advertising section below.

Non-Personal Information collected on the Site may be used to:

• Compile aggregate and statistical data to help in Site design and to identify popular features
• Measure Site activity to allow us to update our Site to better meet user wants and needs
• Make the user experience more efficient or customer friendly

The Site utilizes non-Personal Information for the purpose of performing analytics on the user’s experience while visiting the Site.

This analysis:

• Is performed on an aggregate level and does not identify you or your information personally
• May involve the use of a third-party vendor acting on behalf of the Site
• Is performed in order to improve the Site and the user experience
• May include the use of session and/or persistent cookies to track user movement across the Site or to track other events within or across the Site
• Any information that is provided to a third-party vendor is to be used only for the purpose of performing the analytics and compiling reports of the data, and the third-party vendor is restricted from sharing or reselling this data or using it in any way other than to provide the listed services to us

A “cookie” is a small text file that helps us in many ways to make your visit to the Site more enjoyable and meaningful to you. For example, cookies avoid you having to log in every time you come back to the Site. They also allow us to tailor a website or advertisement to better match your interests and preferences. There are a couple different types of cookies.

A “session” cookie is stored only in your computer’s working memory (RAM) and only lasts for your browsing session. When you close all your browser’s windows, or when you shut down your computer, the session cookie disappears forever.

A “persistent” cookie is stored on your computer’s hard drive until a specified date, which could be tomorrow, next week or 10 years from now. Persistent cookies stay on your computer until they either expire or are overwritten with newer cookies, or until you manually remove them. Most browsers can be configured to not accept cookies; however, this may prevent you from having access to some Site functions or features.

Your browser may be set to allow you to be notified when a cookie is to be placed on your browser, decline the cookie, or delete cookies that have been placed on your browser. For general information on opting out, you can visit the Networking Advertising Initiative (NAI) at http://www.networkadvertising.org/. You can also find specific information regarding opting out of interest-based advertising that uses web browser and cookie information at this specific NAI webpage: http://www.networkadvertising.org/choices/. You may also check your web browser’s instructions. Some functions of the Site may not work or may work slowly if a cookie is refused.

The Site uses or may use third-party service providers to serve and host our advertisements. These third parties may place cookies on your computer if you click on or access the advertising. The third-party cookies are used to track whether the Site was accessed from the advertisement. The cookies generated from the advertisements do not contain Personal Information. We do not control these cookies and they may not follow the rules we have set for our own cookies.

The Site may also use a third party to deliver Site functionality such as fulfilling your request to purchase items from our online store. In performing this function, the third party may place a persistent cookie on your computer or have to gather Personal Information from you to facilitate the processing of your purchase.

The Site may use a third-party click-tracking analytics tool (such as DART, Omniture tags, DoubleClick and Google Analytics) to capture click through statistics.

The Site may use spotlight ads/web beacons/GIF/pixel tags, which are site instrumentation tools that help us to determine, for instance, whether a page has been viewed or not and, if so, how many times. Emails or electronic newsletters we send may use tools (e.g., pixel tags or web beacons) to gather email metrics and information to improve the reader’s experience such as how many of the emails are opened, if they were printed or forwarded, the type of device (e.g., mobile or PC) from which they were opened, and the city, state, and county associated with the applicable IP address. In general, any electronic image viewed as part of a webpage, including an ad banner, can act as a web beacon.

When you visit the Site, the server housing the pages automatically generates a “session log.” We use session logs to help us determine how people travel through the Site. In this way, we can structure our pages so that the information most frequently visited is easier to find. By tracking page visits, we can also determine if the information we are providing is being used. The only data gathered is the Internet Protocol (IP) address from which you came (which contains no Personal Information), the website that referred you, the pages you visited and the date and time of those visits.

If you visit the Site with an open ID, you may integrate with third-party social media sites, and the Site may track on an aggregate level the number of visits to the Site with an open ID, the number of items “liked” on the Site, or items on the Site that you choose to share with a third-party social media site.

Users may be directed to the Site via banner ads, site links or QR Codes. Ads, site links or QR Codes may use tools such as cookies or web beacons to deliver metrics on the effectiveness of the ads or links. They do not collect Personal Information from the user.

We may use and disclose various types of Personal Information that you provide to us as necessary and appropriate for the purposes outlined herein. Our disclosure of your Personal Information may occur as part of our fulfilling our obligations and/or conducting business in the ordinary course. This includes, without limitation, disclosures to the following:

• third parties that provide products or services to us, including without limitation to lawyers, accountants, bankers and insurers, but only to the extent necessary to allow them to provide such products or services
• government agencies or regulatory bodies having jurisdiction to the extent they can oblige us to do so
• credit grantors and reporting agencies
• persons who, in our reasonable judgment, are seeking information as your agent
  a third party in the event of a merger or change of our ownership

Under no circumstances do we sell member lists or other Personal Information to third parties.

Personal Information that you provide to us in the course of requesting a product or service through the Site may be gathered and stored in one or more of our corporate databases and be used for purposes of contacting you for things like promotional offers, marketing programs, or other communications from this website or other Leisure Pools® programs and services. We may share Personal Information that we collect about you with our affiliates and subsidiaries if we have your permission to do so. By opting to provide us your Personal Information, you grant such permission and consent to our sharing of your Personal Information with third parties and grant such third parties permission to contact you about their products.

Personal Information that you provide to the Site may be shared with authorized sellers of Leisure Pools® products. This is necessary to fulfil your request for a price quote or to provide information for purposes of contacting you in their regular course of business. These sellers of Leisure Pools® products are not restricted by us in their use of your data.

The Site may share your information with subcontractors. Site metrics for the Site may be shared with other Leisure Pools websites or subsidiaries or affiliates. The information shared will be aggregate data and will not include any of your Personal Information.

The Site will disclose your Personal Information, without notice, only as explained above or if required to do so by law or in the good faith belief that such action is necessary to: (1) conform to the edicts of the law or comply with legal process served on Leisure Pools or the Site; (2) protect and defend the rights or property of Leisure Pools and/or the Site; or (3) act under exigent circumstances to protect the personal safety of an individual or the public.

By visiting the Site and by providing your Personal Information to us on the Site or otherwise, you understand and consent to the collection, use, processing, transfer and disclosure of your Personal Information and non-Personal Information globally (including without limitation to the United States, Canada, Australia, Europe and Asia) in accordance with this Privacy Policy. Therefore, you consent to the transfer of such information across country borders and to the use, processing and disclosure of such information in global locations. Your consent shall be deemed to include your consent to the transfer of your Personal Information or non-Personal Information to locations that may have different levels of privacy protection than in your own country. You further consent to receive electronic communications from Leisure Pools, including without limitation updates, insights and information on Leisure Pools businesses, products and services.

The Site provides links to other websites. We encourage you to review the privacy policy of all sites that you visit, including those whose links are provided so that you can understand how those sites collect, use and share your information. The Site is not responsible for the privacy policy, content or data handling practices on other websites.

Parts of the Site may provide dealer locator services that are provided by a third-party vendor. In order to provide you with the closest dealers, we may need to collect your IP address to determine your general location, or we may ask you to provide location information such as zip code or City and State. In instances where we use a third-party vendor to provide dealer-locator services, we will provide them a zip code. We encourage you to review the terms of service and the privacy policies of these mapping service providers. For pages that use Bing, you agree to be bound by the Microsoft Service Agreement and Microsoft Online Privacy Statement..

The Site does not knowingly intend to collect Personal Information from children under 13 years of age. If that policy changes, we will obtain consent from a parent or guardian before we knowingly collect data from anyone under the age of 13.

If you have any questions, comments or concerns about this online privacy policy for the Site’s privacy practices, or have any questions regarding the contents of the Site, please contact us at:

NORTH AMERICA:
Telephone: (865) 219-2880

Please note that this Privacy Policy may change from time to time. We will post any Privacy Policy changes and, if the changes are significant or reduce your rights in any material manner, we will provide a more prominent notice. We will also keep prior versions of this Privacy Policy in an archive for your review.

We have put in place appropriate administrative, technical, and physical safeguards to help prevent unauthorized access, maintain data security and correctly use the information we collect. No system can be completely secure, however, and we do not guarantee that unauthorized disclosures and access will not happen.

We aim to maintain the accuracy of your contact information and Personal Information. We rely on individuals to disclose all material information and to inform us of any relevant changes. If you have any reason to believe your Personal Information in our control is inaccurate or you need to update or correct this information, please inform us by submitting a request via mail to:

Leisure Pools Privacy Officer
2901 Leisure Island Way
Knoxville, TN 37914

Upon request, we will provide you with access to your Personal Information that we currently have on file for you and the ability to correct, amend, or delete that information where it is inaccurate. We will make reasonable efforts to provide the requested information and/or incorporate the requested changes as soon as possible.

Before we provide access to any data, including Personal Information, or make any changes to it we will ask you to verify your identity or provide other details before we are able to provide you with any information, correct any inaccuracies, or delete any information. We may keep a copy of information for our records. Your right to review, update, correct and delete your Personal Information may be limited, subject to the law of your jurisdiction of residence: (1) if your requests are abusive or unreasonably excessive, (2) where the rights or safety of another person or persons would be encroached upon, or (3) if the information or material you request relates to existing or anticipated legal proceedings between you and us, or providing access to you would prejudice negotiations between us or an investigation of possible unlawful activity. Your right to review, update, correct and delete your information is also subject to our records-retention policies and applicable law, including any statutory retention requirements. Your Personal Information shall only be retained by us for so long as is necessary for the fulfillment of the identified purposes. Some Personal Information may be kept indefinitely.

We are committed to privacy and are involved in initiatives to promote privacy and protect Personal Information. Our privacy practices will evolve to meet new requirements, standards, technologies and customer preferences. We welcome your opinions and insights on this evolution.

Version Effective Date: October 2022