Last Updated: January 31, 2023
Notice Regarding Use of the Services by Children
The 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 Information
We 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.
How We Share Personal Information
Endless 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.
Service Providers. We may use third-party service providers to help us operate our business and the Services or to administer activities on our behalf, such as sending emails, hosting dealer locater sites, providing order fulfillment, conducting advertising or customer service, and administering contests or incentive programs. We may share personal information with these third parties for those business purposes. For instance, if you request a brochure, we may share personal information about you with fulfillment and management agencies to complete your request.
Other Third Parties. We may share personal information with unaffiliated third parties, including dealers and retailers discussed above, to permit such third parties to send to you marketing materials. If you wish to opt-out from our sharing of your personal information with third parties for their marketing purposes, please see the “Choice: Opt Out” section below for information on how to opt-out.
E-mails to Friends. Please note that any personal information you provide in connection with sending an electronic postcard or other message to a friend through the Services, such as your name and your e-mail address, will, of course, be disclosed to your friend.
Promotions. We may share the personal information you provide in connection with sweepstakes, contests and similar promotions with third party sponsors of such promotions (irrespective of whether such promotions are hosted by us), or otherwise in accordance with the rules applicable to such promotion. Please see the “Sweepstakes, Contests, and Other Promotions” section below for more information on participating in such activities.
Assignment. We may transfer information that we collect from Services users to an Affiliated Entity or a third party in the event of 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 Collect and Use Other Information
We 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:
Through your browser or device. Certain information is collected by most browsers or automatically through your device, such as your Media Access Control (MAC) address, computer type (Windows or Macintosh), screen resolution, operating system name and version, device manufacturer and model, language, Internet browser type and version and the name and version of the Services (such as the App) you are using. We use this information to ensure that the Services function properly.
Through your use of the Apps. When you download and use an App, we and our service providers may track and collect App usage data, such as the date and time the App on your device accesses our servers and what information and files have been downloaded to the App based on your device number.
Using pixel tags and other similar technologies. Pixel tags (also known as web beacons and clear GIFs) may be used in connection with some Services to, among other things, track the actions of users of the Services (including email recipients), measure the success of our marketing campaigns and compile statistics about usage of the Services and response rates.
We do not respond to browser do-not-track signals at this time.
Using Adobe Flash technology (including Flash Local Shared Objects ("Flash LSOs")) and other similar technologies. We may use Flash LSOs and other technologies to, among other things, collect and store information about your use of the Services. If you do not want Flash LSOs stored on your computer, you can adjust the settings of your Flash player to block Flash LSO storage using the tools contained in the Website Storage Settings Panel. You can also control Flash LSOs by going to the Global Storage Settings Panel and following the instructions (which may include instructions that explain, for example, how to delete existing Flash LSOs (referred to “information on the Macromedia site), how to prevent Flash LSOs from being placed on your computer without your being asked, and (for Flash Player 8 and later) how to block Flash LSOs that are not being delivered by the operator of the page you are on at the time). Please note that setting the Flash Player to restrict or limit acceptance of Flash LSOs may reduce or impede the functionality of some Flash applications, including, potentially, Flash applications used in connection with the Services or our online content.
Physical Location. We may collect the physical location of your device by, for example, using satellite, cell phone tower or WiFi signals. We may use your device’s physical location to provide you with personalized location-based services and content. In some instances, you may be permitted to allow or deny such uses and/or sharing of your device’s location, but if you choose to deny such uses and/or sharing, we and/or our marketing partners may not be able to provide you with the applicable personalized services and content.
From you. Information, such as your preferred means of communication is collected when you voluntarily provide it. Unless combined with personal information, this information does not personally identify you.
By aggregating information. Aggregated personal information does not personally identify you or any other user of the Services (for example, we may aggregate personal information to calculate the percentage of our users who have a particular telephone area code).
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 Information
We do not sell your personal information or any other information we collect about you to any affiliated or unaffiliated third parties.
Retention of Personal Information
We 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:
The length of time we have an ongoing relationship with you and provide services to you (for example, for as long as you have an account with us or keep using our services) and the length of time thereafter during which we may have a legitimate need to reference your Personal Information to address issues that may arise;
Whether there is a legal obligation to which we are subject (for example, certain laws require us to keep records of your transactions for a certain period of time before we can delete them); or
Whether retention is advisable in light of our legal position (such as in regard to applicable statutes of limitations, litigation or regulatory investigations).
User Generated Content Functions
Certain 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.
If 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 or by going to https://www.endlesspools.com/contact, and completing the form. For email-only opt outs you may use the opt-out link at the bottom of your html email from us. You may also email email@example.com or call 800-732-8660 with your request.
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 Promotions
We 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.
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.
Security of Personal Information
Endless 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.
Your 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.
If you have any questions under this Policy or how Endless Pools processes your personal information, you can reach Markus Armbruster, Vice President of Information Technology, who is responsible for overseeing our North American privacy and data security program, by emailing firstname.lastname@example.org or calling 1-833-724-0948.
Additional information regarding California, Colorado, Connecticut, Utah and Virginia
Collection, Disclosure, Sale and Sharing of Personal Information
|Categories of Personal Information||Disclosed to Third Parties for Operational Business Purposes||Sold to Third Parties||Shared with Third Parties for Cross-Context Behavioral or Targeted Advertising|
|Identifiers, such as name, contact information, online identifiers (ex. IP address) and other government-issued ID numbers||Affiliated entities service providers; dealers and retailers; ad networks; social networks; business partners; marketing partners; other businesses; contest sponsors; legal authorities; other parties in litigation||N/A||Social networks; search engines|
|Personal information as defined in the California customer records law, such as name, address, telephone number, email, profile picture, social media account ID and profile pictures, date of birth, passwords and reminder questions/answers, payment card information, and information related to employment, education and experiences, preferences and interests||Affiliated entities service providers; dealers and retailers; ad networks; social networks; business partners; marketing partners; other businesses; contest sponsors; legal authorities; other parties in litigation||N/A||Social networks; search engines|
|Protected Class Information, such as sex, marital status, age, race, disability, medical conditions, sexual orientation, gender identity and expression, citizenship, primary language, immigration status and military/veteran status||Affiliated entities; service providers||N/A||Social Networks|
|Commercial Information, such as transaction information, purchase history, financial details and payment methods||Affiliated entities service providers; dealers and retailers; ad networks; social networks; business partners; marketing partners; other businesses; contest sponsors; legal authorities; other parties in litigation||N/A||N/A|
|Internet or network activity information, such as browsing history, online behavior, interest data, and interactions with our and other websites, applications, systems and advertisements||Affiliated entities; service providers||N/A||N/A|
|Geolocation Data, such as device location and IP location||Affiliated entities; service providers||N/A||N/A|
|Audio/Video Data. Audio, electronic, visual, and similar information, such as images and audio, video or call recordings created in connection with our business activities||Affiliated entities; service providers||N/A||N/A|
|Education Information subject to the federal Family Educational Rights and Privacy Act such as student records||Affiliated entities; service providers||N/A||N/A|
|Employment Information. Professional or employment-related information, such as work history, prior employer, information relating to references, CV, details of qualifications, skills and experience, human resources data and data necessary for benefits and related administration services||Affiliated entities; service providers||N/A||N/A|
|Inferences drawn from any of the personal information listed above to create a profile or summary about, for example, an individual’s preferences and characteristics||Affiliated entities; service providers||N/A||Search engines|
|Sensitive Personal Information. Personal Information that reveals an individual’s social security, driver’s license, state identification card, or passport number; account log-in, financial account, debit card, or credit card number in combination with any required security or access code, password, or credentials allowing access to an account; racial or ethnic origin, religious or philosophical beliefs, citizenship, immigration status, or union membership; the contents of mail, email, and text messages unless Company is the intended recipient of the communication; genetic data;||Affiliated entities; service providers; contest sponsors||N/A||N/A|
Use of Sensitive Personal Information
Subject to your consent where required by applicable law, we may use Sensitive Personal Information for purposes of providing goods or services as requested by you; ensuring security and integrity; short term transient use such as displaying first party, non-personalized advertising; performing services for our business, including maintaining and servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing financing, providing analytic services, providing storage, or providing similar services on behalf of our business; and activities relating to quality and safety control or product improvement.
Subject to applicable law, you may make the following requests
You may request to know whether we process your Personal Information, and to access such Personal Information.
If you are a California consumer, you may request that we disclose to you the following information covering the 12 months preceding your request:
The categories of Personal Information we collected about you and the categories of sources from which we collected such Personal Information;
The business or commercial purpose for collecting sharing or selling (if applicable) Personal Information about you;
The categories of Personal Information about you that we sold or shared (as defined by the CCPA) and the categories of third parties to whom we sold or shared such Personal Information (if applicable); and
The categories of Personal Information about you that we otherwise disclosed, and the categories of third parties to whom we disclosed such Personal Information (if applicable).
If you are a California, Colorado, Virginia or Connecticut consumer, you may request to correct inaccuracies in your Personal Information;
You may request to have your Personal Information deleted. If you are a California or Utah consumer, this right applies to Personal Information you provided to us.
You may request to receive a copy of your Personal Information, including specific pieces of Personal Information, including, where applicable, request to obtain a copy of your Personal Information in a portable, readily usable format;
You may request to opt out of targeted advertising (as defined by applicable privacy law) or the “sharing” of your Personal Information for cross-context behavioral advertising (as defined by applicable privacy law); and
You may request to opt out of the “sale” of your Personal Information, as defined under applicable privacy law.
If you are a Colorado, Utah or Virginia consumer, you may request to opt out of the processing of your Personal Information for purposes of profiling in furtherance of decisions that produce legal or similarly significant effects concerning you. Under Utah law, this right is limited to solely automated decisions.]
We will not unlawfully discriminate against you exercising your rights applicable privacy law. To make a privacy request, please contact us at email@example.com or call 800-732-8660. We will verify and respond to your request consistent with applicable law, taking into account the type and sensitivity of the Personal Information subject to the request. In some instances, we may decline to honor your request where the law or right you are invoking does not apply or where an exception applies. We may need to request additional Personal Information from you, such as name, email address, postal address, and purchase history to verify your identity and protect against fraudulent requests. You may make a request on behalf of a child who is under 13 years old if you are the child’s parent or legal guardian. If you make a request to delete, we may ask you to confirm your request before we delete your Personal Information.
If we refuse to take action on your request, you may appeal this refusal within a reasonable period after you have received notice of the refusal. You may file an appeal by contacting us at firstname.lastname@example.org or by calling 800-732-8660.
If an agent would like to make a request on your behalf as permitted under applicable law, the agent may use the submission methods noted in the section entitled “Individual Requests.” Not all kinds of requests can be made by authorized agents in all states. As part of our verification process, we may request that the agent provide, as applicable, proof concerning his or her status as an authorized agent. In addition, we may require that you verify your identity as described in the section entitled “Individual Requests” or confirm that you provided the agent permission to submit the request.
Where we maintain or use de-identified or aggregated data, we will continue to maintain and use the de-identified or aggregated data only in a de-identified or aggregated fashion and will not attempt to re-identify the data.