Staycation Fiberglass Pools LLC DBA Staycation Fiberglass Pools (the “Company,” “we”, “our”, or “us”) respects your concerns about the security of your personal data and your privacy.

This Privacy Policy (“Policy”) provides you with important information about how and why the Company, which is based in North America, collects, processes, and shares personal information about your rights and how to contact us if you have a question, concern, or complaint.

1. How This Policy Applies

This Policy applies to personal information we collect through the sales and marketing of our products and services, which include the “Staycation Fiberglass Pools”, “Staycation Pools” and “Phoenix Flame Finish” brands of swimming pool services (and their features, components, and systems, some of which may collect and transmit data), our websites, our social media pages which reference this Policy, online portals, and mobile applications. This Policy also applies to personal information we collect through interactions with you, through offline sources (such as sales and marketing efforts), and from third parties.

Note: This Policy does not apply to your use of products and services that are not owned or controlled by the Company.Note: You have a choice as to whether you want to share personal information with us. If you choose not to provide us with certain personal information, we may not be able to offer you products and services which utilize that information and/or the functionality and features of those products and services may be limited or inoperable.

2. When This Privacy Policy Does Not Apply

This Policy does not apply to any Company product or service which provides a separate privacy policy (except to the extent that a separate policy incorporates this Policy). This Policy also does not apply to any third-party cookies, products, services, or communications (including websites, platform features, app stores, and applications). We are not responsible for third-party privacy practices.

Note: We install fiberglass swimming pools to homeowners which are manufactured by third-party (“manufacturers”). Manufacturers are third parties and their privacy practices are subject to their own respective policies. We encourage manufacturers to comply with applicable privacy laws, but to the extent allowed by law, we are not responsible for their privacy practices.

3. Personal Information We Collect And Process

We may collect and process the following types of personal information:

Information you provide to us. The personal information we collect directly from you depends on how you interact with us and our products and services, and may include:

Contact information for you and others in your family (such as your name, address, email address, title, and phone numbers).

• Your gender, date of birth, job title and/or position, marital status, spouse, dependent, and other family information.
• Information in emails, messages, and other communications.
• Driver’s license numbers, and other governmental identifiers
• Information you submit through online forms, chat, or portals we provide
• Information you provide when registering an account, product, or subscription with us
• Financial, insurance, billing, and payment information, including name, shipping information, payment method information, payment, and billing history
• User-generated content, comments, posts, reviews, profile information, images, videos, and other recordings, survey responses, and information you provide about third parties
• Information you provide to us when participating in sweepstakes, contests, or other promotions conducted by us or others

Information we collect when providing products and services. This information may include product information, information concerning warranty and product registrations, warranty claims, repair services, technical assistance, and parts orders.

Information relating to your use of our products and services. Some of our products and services may collect information about you and how you and your device interact with the product or service. This information may include information about your device, third parties with whom you interact through the products and services, product and service usage information, search queries initiated through or within our products and services, and preferences.

Information you authorize us to collect. This includes personal information we may obtain from social media platforms you use with our products and services (including sharing to or from social media platforms and using social media accounts to log into our products and services).

Public information. We may also collect personal information from public sources (such as newspapers, social media, public records, and databases) and third parties.

4. Automatic Data Collection, Analytics & Third Party Tracking Technologies

We do not collect personal information automatically. We may, however, tie automatically gathered information to personal information about you which we collect from other sources or which you provide to us.

We do not control third-party tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly

5. USING YOUR INFORMATION

We use the information we collect for the following purposes:

• To provide, administer, protect, and enhance our products and services, to enhance user experiences, and to develop new products and services.
• To process, fulfill, and facilitate transactions in connection with our products and services.
• To register your account(s) and purchased products, subscriptions, and services, respond to your inquiries, help you solve problems, provide customer support, and facilitate and administer requests for repair or service.
• To communicate about, promote, and administer our products, services, events, programs, and promotions (including sending marketing communications, promotional materials, notices, alerts, newsletters, and conducting sweepstakes and contests).
• To conduct marketing and sales activities (including lead generation, providing information about potential products for customers, pursuit of marketing prospects, market research, managing and evaluating the effectiveness of advertising and marketing efforts, and managing our brands).
• To provide you with information and ads about third-party offers, merchants, attractions, locations, and products and services which may be nearby or which otherwise may be of interest to you.
• To maintain and promote the safety and security of our products and services, our IT network, and our employees.
• To verify your identity and to protect against unauthorized transactions, fraud, and other unlawful activity, claims, and other liabilities, and to manage risk exposure and quality.
• To carry out our obligations and enforce our rights arising from any contracts entered into between you and us (including for billing and collection and product warranties); to conduct investigations; to comply with and enforce applicable legal obligations, relevant industry standards, other contractual obligations, and our terms, policies and procedures.
• To fulfill any other purpose for which you provide it or for which you give consent.

SMS Marketing. We may correspond with you via text messaging. By signing up for our text message marketing program, you consent to receive automated calls or texts, which may include marketing, to the number provided, even if the number appears on a federal or state do-not-call list. Your consent is not required. You agree to these terms and conditions in this privacy policy. Calls or texts may be available for consumers of select mobile carriers and devices. Message and data rates may also apply. You may opt-out at any time. Where we obtain consent for text messaging, we will not sell or share such consent with any third-parties for marketing purposes. We may share your information in the following circumstances:

Legal Requirements: We may disclose your information if required by law, regulation, or legal process, or if we believe disclosure is necessary to protect our rights, property, or the safety of our users or others.

Note: Where required by applicable law, we will obtain your consent for the processing of your personal information for direct marketing purposes. See also “Your Choices Concerning Your Information” below.

6. SHARING PERSONAL INFORMATION

We do not disclose or sell personal information except as described in this Policy or at the time of collection. We may disclose or share your personal information:

• To fulfill the purpose for which you provided the information.
• Among the Company and its personnel for the purposes set out in this Policy.
• With certain third parties who are contractually bound to keep personal information confidential, to maintain adequate safeguards, and to use personal information only for the purposes for which we disclose the information, namely:
  • Affiliates, contractors, service providers, and other third parties we use to support our business (including for payment processing, order fulfillment, customer support, professional and administrative services, and data analytics);
  • Joint marketing parties and other third parties for the purposes described in this Policy; and
  • Third-party parties with whom we may jointly offer products, engage in cross-promotional efforts, whose products we offer, or who offer products we believe may be of interest to you.
• To comply with any court order, law, or legal process, including to respond to any government or regulatory request; to establish, exercise, or defend our legal rights; in connection with an investigation of fraud or other unlawful activity; and/or if, in our belief, we must disclose the information for our protection or that of others, including to prevent physical harm, property damage, financial loss or otherwise.
• To relevant third parties, any information we have about you in the event of a potential or actual sale or transfer of all or some of our business or assets (for example, in connection with a merger, acquisition, joint venture, reorganization, divestiture, liquidation, bankruptcy, or any other similar event, transaction, or business combination). In such an instance, we will require relevant third parties to provide comparable levels of confidentiality and protection as we provide with respect to the information we have.
• To one or more financial institutions in order to fulfill and carry out the sale, purchase, or provision of goods and services, you may request with respect to certain products, services, or promotions.

Note: We may disclose aggregated information about our users and information that does not identify any individual without restriction.

Note: For more information, see “Your Choices Concerning Your Information.”

7. DATA TRANSFERS

Your information may be transferred to, maintained on, and processed by computers located in the United States and in other jurisdictions outside of your state, province, country, or other governmental jurisdiction in accordance with applicable law and regulation and using appropriate safeguards when necessary.

The privacy laws in such other jurisdictions (including but not limited to the United States) may not be as protective as those in your jurisdiction, and your information may be subject to lawful access requests by authorities in such other jurisdictions.

8. YOUR CHOICES CONCERNING YOUR INFORMATION

We strive to provide you with choices regarding the personal information you provide to us.

Contact us as provided in the “How to Contact Us” section of this Policy to submit requests to us, including:

• Update your preferences;
• Limit the communications you receive from us;
• Request access to, correct, or delete any personal information that you have provided to us;
• Request us not to share your personal information with unaffiliated or non-agent third parties for promotional purposes, including “Do-Not-Sell-My-Personal-Information” requests;
• Request that we limit or disable location tracking; and
• Request that we not use information that we collect to deliver advertisements according to our advertisers’ target-audience preferences.

Note: We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

The products and services do not respond to “do not track” signals from web browsers. Some products and services, however, may provide ways to review and change your information and/or to adjust privacy settings directly from the product or service.

We provide methods to opt in and opt out of commercial electronic messages when required by applicable law and/or regulation. Opt-out requests may be sent via the email address or physical address provided in the “How to Contact Us” section below or via the means provided in the specific communication, product, or service.

To the extent provided by the law of your jurisdiction, including the California Consumer Privacy Act or other state privacy laws, you may have the right to direct or ask us or any other company subject to this Policy:

• To delete any personal information about you.
• To not sell personal information about you.
• To tell you:
• The categories of personal information it has collected about you.
• The categories of sources from which the personal information is collected.
• The business or commercial purpose for collecting or selling personal information.
• The categories of third parties with whom it shares personal information.
• The specific pieces of personal information it has collected about you.
• The categories of personal information about you that it has sold, the categories of third parties to whom it sold the personal information, and which category (ies) of personal information were sold to each third party.
• The categories of personal information disclosed about you for a business purpose.

Note: You have a choice as to whether you want to share personal information with us. We will not discriminate against a consumer for exercising these rights. If you choose not to provide us with certain information, we may not be able to offer you certain products and services and/or the functionality and features of certain products and services may be limited or inoperable.

9. Data Security

We maintain physical, technical, and administrative safeguards consistent with legal requirements and designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.
Unfortunately, the transmission of information via the Internet and other technologies is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted via our products and services. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained within or used with the products, services, or any channels you use to communicate with us.

10. RETENTION OF PERSONAL INFORMATION

To the extent permitted or required by applicable law, we retain personal information we obtain about you as long as: (a) we need the information for the purpose(s) for which we obtained it, in accordance with this Policy; or (b) we have another lawful basis, as stated in this Policy or at the point of collection, for retaining the information beyond the period for which it is necessary to serve the initial purpose for collecting the personal information.

11. CALIFORNIA PRIVACY RIGHTS

Subject to certain limits, California Civil Code Section § 1798.83 permits California residents to ask us to provide them with certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

To make such a request, please contact us as provided in the “How to Contact Us” section of this Policy. Additionally, unless stated otherwise, the Company’s websites do not respond to “do not track” signals.

12. CHILDREN UNDER THE AGE OF 18

Our services are not intended for children under 18 years of age. We do not knowingly collect or solicit personal information from children under the age of 18.

13. CHANGES TO OUR PRIVACY POLICY

We may update this Policy periodically and without prior notice to you in order to reflect changes in our information practices.

Continued use of any of our products, services, or other channels constitutes acceptance of any changes to the extent permitted by applicable law. The date of the last revision of this Policy will be shown at the top of the page. Please periodically review this Policy to check for any changes.

14. How to Contact Us

If you have a request, question, concern, or complaint about our privacy practices or communications you are receiving from us, please use the following contacts:

For consumers exercising their rights under US State Privacy Laws: