Effective date: september 25, 2018 Privacy Policy

Welcome to the website of Imagine Pools Manufacturing North America, Inc. (hereinafter “Imagine Pools,” “we” or “us”) found online at www.imaginedealera.wpenginepowered.com (including all content under the “imagineswimmingpools.com” or “imaginepools.com” domain names, and referred to herein as the “Website”). This notice (“Privacy Policy”) is included with and supplements our Website Terms & Conditions. The Imagine Pools content and materials that may be provided to you via the Website are referred to herein and in the Terms & Conditions document as the “Content.” The Imagine Pools pool products, spa products, tanning ledge products, associated materials and equipment that we sell and support via the Website are referred to herein and in the Terms and Conditions document as the “Products.”

This Privacy Policy explains our online information collection and use practices, and the choices you can make about the way we use such information. We believe that it is in the best interests of our customers that we collect and maintain both a mailing list and a list of e-mail addresses in order to allow us to more efficiently communicate with our customers and keep them informed of our new Products and promotions. It is important that you take the time to read and understand this Privacy Policy so that you can appreciate how we use your personal information.

REMEMBER AS YOU USE OR ACCESS THE WEBSITE, WE WILL ASK YOU TO AGREE TO THIS PRIVACY POLICY. AS WE UPDATE THE WEBSITE OR EXPAND OUR SERVICES, WE MAY CHANGE THIS PRIVACY POLICY WITH NOTICE TO YOU, HOWEVER, PLEASE REVIEW IT FROM TIME TO TIME.

This Privacy Policy is subject to the provisions of the EU General Data Protection Regulation (“GDPR”) and other applicable privacy laws. Imagine Pools agrees that under the GDPR, we are a data “Controller” and you are a “Data Subject” with certain protected privacy rights concerning your “Personal Data.” We will take commercially reasonable steps to maintain compliance with GDPR requirements. Your Personal Data may identify you as a person, and thus is often referred to as Personally Identifiable Information (“PII”).

1. Who Collects Your Information On Our Website?

We do. Under the GDPR, we are what is known as the “Controller” of the Personal Data that you provide to us. We collect information from you on the Website, and we are responsible for protection of that information. We collect consumer information from “Contact Us” forms on our Website, inquiries made through our call center, promotional events and trade shows, and warranty registrations mailed to our various clearinghouses. From time to time, we also rent names and mailing addresses of consumers who we feel are likely to be interested in our Products. Our acquisition of e-mail addresses and mobile numbers is limited solely to customers who volunteer their information specifically to opt-in to our distribution list.

2. What Information Do We Collect?

  1. A. Requested Information.
  • On various pages on the Website, we may request specific PII about you in order to register you for an account, to sell our Products, facilitate your payments for Products, add you to our email list, or fulfill your requests for information. In our email communications and potential consumer newsletter, we ask you for PII (such as your name, address, telephone number, e-mail address, etc.). For certain services, such as promotional products and engineer drawings, we also request credit card or other payment account information, which we maintain in encrypted form on secure servers. You may choose not to provide your PII, but then you might not be able to take advantage of some of the features of our Website. We only collect basic personal data about you that does not include any special types of information (e.g., health-related) as defined in the GDPR. The types of personal information we collect and save may include:
  • Contact and account registration information such as name, email address, physical address, phone number and business information;
  • Financial information such as credit card number, name, CVV code, or date of expiration;
  • Information about you as a potential business partner (e.g., dealer) that you provide in using our Content, such as information about your customers, their addresses, financial information, and similar content you process through the Website
  • Information you provide such as feedback, comments or other messages;
  • Technical information collected in our logs (including standard web log entries that contain your IP address, page URL and timestamp); and
  • Identifying device information associated with the browser or device you are using to access the Website or Content such as your device’s unique identifier and associated type of device, operating system, pages or features accessed most frequently, messages sent through the Website or Content, how pages or features of the Content are used, and similar analytics about use of the Website or Content.
  1. B. Aggregate Information. We may also collect anonymous, non-identifying and aggregate information such as the type of browser you are using, device type, the operating system you are using, the domain name of your Internet service provider, and your location information when searching for one of our stores.

3. Why Is My Information Being Collected?

We need to collect your personal information so that we can respond to your requests for information and demonstrations or to be added to our emailing lists, to process your requests for purchase of and payment for our Products, and to process your requests for information as a consumer, potential retailer or other business partner.

We send our Imagine Pools sales announcements, campaigns and potential newsletter to the individuals on our e-mail list. We send other communications, such as announcements of promotions, rebates and events coming to local Authorized Imagine Pools retailers through email and SMS distribution. We use our opt-in list to keep our customers informed of promotions and sales events. We also collect aggregate information to help us better design the Website and Content. We collect log information for monitoring purposes to help us to diagnose problems with our servers, administer the Website, calculate usage levels, and otherwise provide services to you.

4. How Do We Use the Information We Collect?

  1. A. We use the personal information you provide for the purposes for which you have submitted it including:
  • Responding To Your Inquiries and Fulfilling Your Requests. We may use your PII to respond to your inquiries and to fulfill your requests for information.
  • Creating and Maintaining User Accounts. We use your PII to create and maintain an account for you to allow you to purchase and use the Products we make available on the Website.
  • Creating and Maintaining Business Partner Accounts. We use your PII to create and maintain an account for you on the Website if you are a retailer or other business partner.
  • Communicating With You About Our Products. We may use your PII to send you information about new Products and other items that may be of interest to you.
  • Sending Administrative Emails. We may use your PII to send you emails to: (a) confirm your account and your other PII, (b) process your transactions to purchase our Products, (c) provide you with information regarding the Website, or (d) inform you of changes to this Privacy Policy, our Terms and Conditions, or our other policies.
  1. B. We may use anonymous information that we collect to improve the design and content of our Website, and to enable us to personalize your Internet experience. We also may use this information in the aggregate to analyze how our Website is used, analyze industry trends, as well as to offer you programs or services.

5. Do We Share Your Personal Information?

In general, we will not share your personal information except: (a) for the purposes for which you provided it; (b) with your consent; (c) as may be required by law or as we think necessary to protect our organization or others from injury (e.g., in response to a court order or subpoena, in response to a law enforcement agency request, or when we believe that someone is causing, or is about to cause, injury to or interference with the rights or property of another); or (d) on a confidential basis with persons or organizations with whom we contract to carry out internal site, marketing and business operations or as necessary to render the Website or Content. With your knowledge and consent, we may share your personal information with our business partners. We may also share aggregate information with others, including affiliated and non-affiliated organizations. Finally, we may transfer your personal information to our successor-in-interest in the event of an acquisition, sale, merger or bankruptcy.

6. Are There Other Ways My Personal Data Could Be Shared?

  1. A. You may elect to share certain personal information with individuals or with the public via your use of the Website. For example, the Website may make it possible for you to publicly share information via social media such as Facebook, Instagram, Twitter or Pinterest. Be aware that when you choose to share information with friends, public officials, or with the public at large, you may be disclosing sensitive information, or information from which sensitive information can be inferred. Always use caution when sharing information through the Website. You understand and agree that we are not responsible for any consequences of your sharing of information through and beyond the Website.
  2. B. If we intend to use your personal information in a manner different from the purpose for which it was collected, then we will ask for your consent prior to such use. If we propose to use personal information for any purposes other than those described in this Privacy Policy, we will offer you an effective way to opt out of the use of personal information for those other purposes.

7. How Can You Access and Control Your Information?

After registering for an account on the Website, you may log-in to the account and edit your personal information in your profile. If you would like to be deleted from our distribution list, inform us of an address change, or notify us that you are receiving duplicate mailings, contact us and explain the situation. We will do our best to quickly honor your request. To remove your name from our e-mail list, write to [email protected], inform us of your e-mail address and simply write “Unsubscribe.” For instructions on how you can further access your personal information that we have collected, or how to correct errors in such information, please send an e-mail to [email protected]. We will also promptly stop using your information and remove it from our servers and database at any time upon your e-mail request. To protect your privacy and security, we will take reasonable steps to help verify your identity before granting access, making corrections or removing your information.

8. How Do We Store and Protect Your Information?

  1. A. After receiving your personal information, we will store it on our Website systems for future use. We have physical, electronic, and managerial procedures in place to safeguard and help prevent unauthorized access, maintain data security, and correctly use the information we collect. Unfortunately, no data transmission over the Internet or data storage solution can ever be completely secure. As a result, although we take industry-standard steps to protect your information (e.g., strong encryption), we cannot ensure or warrant the security of any information you transmit to or receive from us or that we store on our or our service providers’ systems.
  2. B. We restrict access to personal information to our employees, contractors and agents who need to know that information in order to operate, develop or improve our Products and services. These individuals are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations.
  3. C. If you are visiting the Website from outside of the USA, you understand that your connection will be through and to servers located in the USA, and the information you provide will be securely stored in our web servers and internal systems located within the USA.
  4. D. We store your personal information until you request us to remove it from our servers. We store our logs and other technical records indefinitely.

9. How Do We Use Cookies And Other Network Technologies?

  1. A. To enhance your online experience with us, our web pages may presently or in the future use “cookies.” Cookies are text files that our web server may place on your hard disk to store your preferences. We may use session, persistent, first-party and third-party cookies. Cookies, by themselves, do not tell us your e-mail address or other PII unless you choose to provide this information to us. Once you choose to provide PII, however, this information may be linked to the data stored in the cookie. Most web browsers are set up to accept cookies, but you can reset your browser to refuse all cookies or to indicate when a cookie is being sent. Some features of the Website, however, may not function properly if your cookies are disabled.
  2. B. We or our service providers may also use “pixel tags,” “web beacons,” “clear GIFs” embedded links, and other commonly used information-gathering tools in connection with some Website pages and HTML-formatted email messages for such purposes as compiling aggregate statistics about Website usage and response rates. A pixel tag is an electronic image (often a single pixel), that is ordinarily not visible to website visitors, and may be associated with cookies on visitors’ hard drives. Pixel tags allow us and our service providers to count users who have visited certain pages of the Website, to deliver customized services, and to help determine the effectiveness of our Website and Content. When used in HTML-formatted email messages, pixel tags can inform the sender of the email whether and when the email has been opened.
  3. C. As you use the Internet, you leave a trail of electronic information at each website you visit. This information, which is sometimes referred to as “clickstream data”, can be collected and stored by a website’s server. Clickstream data can reveal the type of computer and browsing software you use and the address of the website from which you linked to the Website. We may use clickstream data as a form of non-personally identifiable information to determine how much time visitors spend on each page of our Website, how visitors navigate through the Website, and how we may tailor our web pages to better meet the needs of visitors. We will only use this information to improve our Website.

10. Collection of Information by Others

Our Terms and Conditions document identifies certain third party websites to which we may provide links that you may click on our Website. Please check the privacy policies of these other websites to learn how they collect, use, store and share information that you may submit to them or that they collect.

11. Children and Young People’s Information

We do not knowingly collect any information from any minors, and we comply with all applicable privacy laws including the GDPR, USA Children’s Online Privacy Protection Act (“COPPA”) and associated Federal Trade Commission (“FTC”) rules for collecting personal information from minors. Please see the FTC’s website (www.ftc.gov) for more information. If you have concerns about this Website or its Content, wish to find out if your child has accessed our Content, or wish to remove your child’s personal information from our servers, please contact us at [email protected]. Our Website will not knowingly accept personal information from anyone under 13 years old in violation of applicable laws, without consent of a parent or guardian. In the event that we discover that a child under the age of 13 has provided PII to us, we will make efforts to delete the child’s information in accordance with the COPPA. If you believe that your child under 13 has gained access to our Website without your permission, please contact us at [email protected].

12. California Privacy Rights

California law allows California residents to request information regarding our disclosures in the prior calendar year, if any, of their PII to third parties. To make such a request, please contact us at [email protected] with “Request for Privacy Information” in the subject line. Please include enough detail for us to locate your file; at a minimum, your name, email, and username, if any. We will attempt to provide you with the requested information within thirty (30) days of receipt. We reserve our right not to respond to requests sent more than once in a calendar year, or requests submitted to an address other than the one posted in this notice. Please note that this law does not cover all information sharing. Our disclosure only includes information covered by the law.

13. Changes to this Policy

Because our business needs may change over time, we reserve the right to modify this Privacy Policy. If at any time in the future we plan to use your PII in a way that differs from this Privacy Policy, we will revise this Privacy Policy as appropriate. In the event of a change to our Privacy Policy, we will email the updated policy to the email address that you provided to us. Your continued use of the Website following our notice of changes to this Privacy Policy means you accept such changes.

14. Our Contact Information

If you have any questions or concerns about this Privacy Policy, please contact our In-House Counsel via e-mail at [email protected], or at Imagine Pools, 2901 Leisure Island Way, Knoxville, TN 37914.

Copyright © Imagine Pools. All rights reserved. The Website is the property of Imagine Pools, and is protected by United States and international copyright, trademark, and other applicable laws. This includes the content, appearance, and design of the Website, as well as the trademarks, product names, graphics, logos, service names, slogans, colors, and designs. Any use of any item within this website is prohibited unless you are granted specific permission by Imagine Pools. Inquiries can be sent to [email protected] .