PRIVACY POLICY

Passion Holdings LLC DBA Leisure Pools Dayton (“Dealer,” “we,” “us,” “our”) is committed to the privacy of your information. This Privacy Policy is meant to help you understand the information we collect, why we collect it, and how you can manage it. This Policy applies to our website at https://leisurepoolsdayton.com/ (the “Site”) and our collection of information from you through the sale of products (“Products”) or any services we provide (collectively with the Site, Products and services, the “Services”). By using any of the Services, you are acknowledging that you have read, understood, and accept this Privacy Policy and our Terms and Conditions, which can be found here.

In this Privacy Policy, any use of the words “you,” “yours,” or similar expressions refers to users of the Site and our Services, as well as any other individuals whose information we collect and process. References to “we,” “us,” “our” or similar expressions refer to Dealer.

This Privacy Policy does not extend to anyone whose personal information is not under our control or management, including data that is collected by other websites that you may visit before or after the Site, and which are not governed by this Privacy Policy. We are not responsible for the data protection or privacy policies of any other websites and accept no responsibility or liability for those policies. Please carefully check the policies of other websites and services you use before you visit or submit personal information.

Explore Industries USA, Inc. (“Explore”) may host this Site on our behalf. Explore is an independent controller and their use of your personal information is subject to their privacy policy located at https://exploreindustries.com/privacy-policy.

1.1 Information We Collect and Receive. For you to use our Site and Services, we need to collect and process certain types of information. Depending on your use of our Site and Services, this may include the following:

1. Identifiers or Contact Information you provide to us by completing forms on our Site or when you request information regarding our Services: For example, your name, contact data including email, phone number and address, and any other information you may provide in the forms on our Site;
2. Personal Information you provide to us by contacting us:  Any personal information you may provide to us when you email or call us, such as personal name, phone number, company name, and any other details you provide in your communications. We may also request your contact information for the purposes of having someone contact you for additional information, or in response to your request for information from us;
3. Transaction or Commercial information when you purchase Services from us: For example, if you make purchases of products with your credit card, we may use your credit card information for shipping, billing, and credit card validation purposes;
4. Login information, such as username and password, that you may use in connection with our Services; and
5. Internet and other similar Network activity information about your activity through our Services, including your device information, such as your IP address, the type of device or browser you use, and your actions on the Site.

We will only use your personal information to provide you with information and Services you have requested, or for the purposes set out in this Privacy Policy. Personal information does not include aggregated information from which individual identities have been removed.

1.2 Cookies and Trackers. We may use cookies and similar technologies (e.g., web beacons, pixels, ad tags and device identifiers) to recognize you and/or your device(s) on, off, and across the Site and different Services and devices. A cookie is a small file that is placed onto your device (e.g., computer, smartphone or other electronic device) that stores information when you visit a website. However, you can control cookies through your browser settings and other tools. You can also opt-out from our use of cookies and similar technologies that track your behavior on the sites of others for third party advertising. Neither the Site nor the Services respond to Do Not Track signals.
We may use cookies and related technologies on the Site to help us recognize your device as a repeat visitor and enable certain website features and functionalities. Some of this data will be aggregated or statistical, which means that we will not be able to identify you individually.
Specifically, we may use cookies and other similar technologies on the Site to:

• Recognize you whenever you visit the Site (this speeds up your access to the Site as you do not have to log in each time);
• Support security and any authentication features on our Site;
• Obtain information about your preferences and use of our Site;
• Carry out research and statistical analysis to help improve our content and Services, and to help us better understand our customers’ requirements;
• Improve the speed and performance of our Site and Services;
• Make your online experience more enjoyable and efficient; and
• Keep track of the items stored in your shopping cart and take you through the checkout process.

The cookies that we place on your device may include:

• Essential cookies: these cookies are essential for you to be able to navigate our Site and use its features. Without these cookies, the services you have asked for could not be provided.
• Performance cookies: these cookies collect information about how you use our Site, for example, which pages you go to most often. These cookies do not collect personally identifiable information about you. All information collected by these cookies is aggregated and anonymous and is only used to improve how our Site works.
• Functionality cookies: these cookies allow our Site to remember the choices you make (such as your username, language, last action, and search preferences) and provide enhanced, more personal features. The information collected by these cookies is anonymous and cannot track your browsing activity on other websites.
• Marketing cookies: also known as advertising cookies, these cookies are used to deliver advertisements more relevant to you and your interests. They are also used to limit the number of times you see an advertisement on our Site and help measure the effectiveness of the advertising campaign. This is sometimes referred to as online behavioral advertising. In some cases, our partners may use cookies to provide us with information about your interactions with their services. These cookies remember that you have visited a website, and this information is shared with other organizations such as advertisers. Those third-party cookies would be subject to the third-party service’s policies.

You can opt-out of online behavioral advertising cookies and similar technologies by using the Digital Advertising Alliance’s Consumer Choice Tool available here. Please note you may continue to receive generic ads.

Managing Cookies:

You can opt-out of all non-Essential cookies by clicking on the “Reject All” button on the cookie banner at the bottom of the Site homepage. In addition, your browser may give you the ability to control some types of cookies. If you want to customize the kinds of cookies you can control, you can change your browser settings so that certain types of cookies are not accepted.

If you turn off any cookies, please be aware that you may lose some of the functionality of the Site. For more information about cookies and how to disable them please check the following resource: http://www.allaboutcookies.org/

For more information about targeted advertisements and/or to learn how to opt out of advertising cookies, please visit the below independent associations. You can visit these independent associations’ websites to opt out of all cookies served by their members. These independent websites are not sponsored by or affiliated with us.

• Network Advertising Initiative (NAI)
• Digital Advertising Alliance (DAA)

When opting out, a cookie will be set to let advertisers know not to use your data for targeted advertising purposes. You will still see advertisements, but they will not be tailored to your interests. If you opt-out of these targeted advertising cookies, your opt-out will be specific to the web browser or mobile device from which you accessed the opt-out. If you use multiple devices or browsers, you will need to opt-out each browser or device that you use.

Consent to Use Cookies: The first time you visit our Site, a cookie notice is displayed describing our use of cookies and linking to this Privacy Policy. As described in that notice, the cookie choices you make the first time you visit our Site will be used for your future use of the Site.

Sales and Sharing

California, Texas and other laws may classify our limited sharing and use of certain cookies and trackers (such as any marketing cookies) with such entities as a “sale” or “share” of personal information. You may opt-out of our “selling” and “sharing” by clicking the “Do Not Sell or Share My Personal Information” link at the bottom of the Site or by changing your cookie settings in our cookie notice.

SMS Data

By providing your phone number through our Site, you consent and agree to receive recurring auto-dialed marketing SMS text customer services and marketing messages from us for marketing, sale of our products and services. Message frequency depends on the offers We provide. Reply HELP for help, and STOP to cancel. Messaging and Data Rates May Apply. Your consent for SMS is not required to purchase our products or services.

We may disclose your SMS opt-in or consent status, with third parties that help us provide our messaging services and send the text messages. We will not share or sell your phone number, your opt-in to the SMS with unaffiliated third parties for their direct marketing purposes or for purposes unrelated to the Site. You may opt out of receiving SMS text marketing messages by texting “STOP” at the end of any message you receive, or you can contact us at [email protected]. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

We may use the personal information we collect for the following business purposes:

1. To deliver our Products and Services;
2. To allow you to log into and access your account;
3. To provide customer service and our support services;
4. To process any financial transactions you make while registering for or using our Services;
5. To keep your information secure such as by detecting security incidents, and to be able to verify your identity and contact information;
6. To alert you about product updates, special offers, updated information, and other news and services from us;
7. To ensure our Site and Services are relevant to you and your interests;
8. To help us create and publish content most relevant to you; and
9. To contact you in response to sign up forms or requests.

We use your personal information as set forth above based on our legitimate interests, to perform a business contract or with your consent.

We do not disclose sensitive personal information for purposes other than those permitted by applicable law.
We may disclose your information to certain trusted third-party services to help us provide, improve, promote, or protect our Services. For example, we may disclose personal information in the following situations:

• To data storage and other vendors providing us with services;
• To address fraud, security, or technical issues;
• When required by law, such as through a valid subpoena or court order;
• To partner with other companies to process your payments or to store your personal information when necessary to support delivery of our Services and respond to customer service requests;
• To credit grantors or reporting agencies;
• If we believe it’s necessary to protect someone’s safety, the public, our rights, or the rights of others; or
• When it is reasonably necessary for our legitimate interests in conducting our business, such as in the event a merger, acquisition, or sale.

Whenever we share data with third-party services, we require that they use your information only for the purposes we’ve authorized, and that they protect your personal information to at least the same standards we do.

Merger. If we undergo a merger, acquisition or other sale of our assets (including in bankruptcy), we may disclose your personal information to the potential or actual acquirer.

Our Licensors. We may provide or otherwise make available personal information to our licensors, such as Explore,  and other third parties with whom we conduct business. These third parties may use your personal information for their own marketing purposes. To the extent required by applicable laws, you may opt out of our sharing of your information with third parties and request a list of such third parties by contacting us at [email protected] or 513-250-6937.

We take the security of your personal information seriously and follow industry-standard practices to protect the data we collect and process. We have therefore put in place commercially reasonable physical, electronic, and managerial procedures to safeguard and secure the personal information that we collect. Access to personal information will be restricted to our authorized personnel who require the information to perform their duties properly. In addition, access will be limited to only that information that is strictly necessary for the performance of those duties.

Please remember that the safety and security of your information also depends on you. Where you have chosen, or where we have given you a username and password for access to certain parts of the Site or Services, you are responsible for keeping your login credentials confidential. No method of transmission over the internet or electronic storage is completely secure, so we cannot guarantee its absolute security.

Because we are a US-based company, your information may be collected and processed in the United States. Additionally, as part of the Services offered to you through our Site, the information which we collect about you may be transferred to, and stored in, one or more countries other than where you currently reside. For example, this may occur if any of our servers or third-party service providers are located in a country other than yours. These countries may have different data protection laws that are similar to your current residence. However, if we transfer your information in this way, we will put in place appropriate protection to make sure your personal data remains adequately protected and is treated in line with this Privacy Policy.

We try to keep email communications to a minimum and give you the ability to opt-out of any marketing communications we may send. For example, we may send you email relating to the Services we offer. You may also elect to receive certain marketing communications in accordance with your preferences, and from which you may opt-out at any time. You can always opt-out of receiving marketing emails or mobile device notifications from us (other than certain required communications, such as messages confirming orders, and notifying you of any privacy policy updates, and the like), by sending us an email at [email protected], stating your request. If we have sent you a promotional email or mobile device notification, you may send us a return email or mobile device communication asking to be omitted from future optional notices.

We will hold your personal information on our systems for as long as is necessary to perform the relevant processing activity for that information, or as long as is set out in any relevant contract you hold with us. The relevant retention period is determined on a case-by-case basis because it depends on things like the nature of the data, why it is collected, why it is processed, and any relevant legal or operational retention needs. For example, we may retain your data for as long as you are a customer of ours so that we may process and complete any orders you may make with us. We may also be required to hold some types of information to fulfill legal purposes. We review our retention periods for personal information on a regular basis. When the relevant processing activity has been completed, we may destroy your data, or alternatively anonymize the data, such that the data is not personally identifiable.

Depending on where you reside, certain U.S. State laws may give you the right to request that we disclose the personal information we have collected about you over the past 12 months, which we only provide after we receive and validate your request. Once we receive and confirm your verifiable request, we may disclose to you:

• The categories of personal information we collected about you;
• The categories of personal information we have disclosed about you (if any);
• The categories of sources for the personal information we collected about you;
• Our business or commercial purposes for collecting that personal information;
• The categories of third parties with whom we share that personal information; and
• The specific pieces of personal information we collected about you.

Right to opting out of the sale or share of your personal information/Targeted Advertising.

You may have the right to opt out of the sale or share of your personal information or the right to opt out of targeted advertising.

Right of correction

You may have the right to request correction of your personal information. After we receive and validate your request, we will correct your personal information, unless an exception applies. Please note that you can correct and update some of your basic information via the Services or on the Site.

Right of deletion

You may have the right to request erasure of your personal information, subject to certain exceptions, such as when we have a legal obligation to retain the data in question. After we receive and validate your request, we will delete your personal information, as well as direct our service providers to delete your personal information unless an exception applies.

How to make disclosure, access, correction, or deletion requests

If you reside in a state that provides for enhanced privacy rights, you can request disclosure, access to, correction, and/or deletion of your personal data as described above by submitting a verifiable consumer request to us by:

• Sending an e-mail to [email protected] including the following information along with your request: your full name, address, e-mail address, and a phone number. We may request that you provide additional information if necessary to confirm your identity. This is for security purposes and is required by law in some cases.
• Only you, or a person registered with the appropriate mechanism associated with your state of residency that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.
• You have the right to make a free request up to two times in any 12-month period. We will respond to all validated requests within 45 days of receiving your request, unless we request an extension. In the event that we reasonably require an extension in order to respond to your request, we will notify you of any such extension within the initial 45-day period.

Non-Discrimination

We do not discriminate against users who request to exercise their privacy rights. Unless an exception applies, this includes our promise not to:

• Deny you Services;
• Charge you different prices or rates for Services, including granting discounts or other benefits, or imposing penalties;
• Provide you a different level or quality of Services; or
• Suggest that you may receive a different price or rate for Services or a different level or quality of Services.
• Use personal information for profiling in furtherance of decisions that produce legal or similarly significant effects for a consumer.

To ensure that your personal information is accurate and complete, please contact us through the email address below regarding any errors or updates affecting the personal information that we may hold. You may make a request by emailing us at [email protected] or through the Services by completing the request form found at https://leisurepoolsdayton.com/privacy-request/ to request access to, correction of, or deletion of any personal information that we hold about you. To protect your privacy and security, we may take reasonable steps to verify your identity before granting access to, correcting, or deleting data. We will generally respond to your request for information within 45 days, unless, for reasons beyond our control, a longer response time is necessary, in which case, you will be advised accordingly. Please note that we may retain certain information as required by law or as necessary for our legitimate business purposes.

Under the Nevada Revised Statutes Chapter 603A, we do not currently engage in the “sale” of Personal Information.

The Site does not target children and we do not knowingly intend to collect personal information from children under 18 years of age. If that policy changes, we will obtain consent from a parent or guardian before we knowingly collect personal information from anyone under the age of 18.

If you have questions or comments about this Privacy Policy, or if you are not completely satisfied with this Privacy Policy or its application by us, we invite you to convey your concerns or suggestions to us at [email protected]. If you have an applicable disability, you may also contact us at the above email address to request access to this Privacy Policy in an alternative format. We will reply as quickly as possible and inform you of the steps, if any, that have been or will be taken to address your concern or implement the suggestion.

This Privacy Policy is effective as of February 16, 2016. We may update this Privacy Policy from time to time. If we do, we’ll let you know about any material changes, either by notifying you on the Site or by sending you an email. Any updates to this Privacy Policy will not apply retroactively. If you keep using our Site or Services after a change, that means you accept this Privacy Policy.