PRIVACY POLICY & TERMS OF USE & MOBILE TERMS OF USE

At The Pool Company, we are committed to maintaining the trust and confidence of our website visitors. More important, we want you to know that The Pool Company is not in the business of selling, renting or trading email or phone lists with other companies and businesses for marketing purposes. In this Privacy Policy, we’ve provided information on when and why we collect your personal information, how we use it, the limited conditions under which we may disclose it to others and how we keep it secure. We use your data to provide and improve the Service. By using the Service, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Terms and Conditions.

Types of Data Collected

Personal Data

While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you (“Personal Data”). Personally identifiable information may include, but is not limited to:

• Email address

• First name and last name

• Phone number

• Address, Province, Postal code, City

• Cookies and Usage Data

The Personal Data we collect from you is required to enter into a contract with The Pool Company or for us to provide you with the information that you request. If you refuse to provide such Personal Data or withdraw your consent to our processing of Personal Data, then in some cases we may not be able to enter into a contract or provide you with the information you request.

Usage Data

We may also collect information how the Service is accessed and used (“Usage Data”). This Usage Data may include information such as your computer’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

Tracking & Cookies Data

We use cookies and similar tracking technologies to track the activity on our Service and hold certain information.

Cookies are files with small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Tracking technologies also used are beacons, tags, and scripts to collect and track information and to improve and analyze our Service.

You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.

Examples of Cookies we use:

• Session Cookies. We use Session Cookies to operate our Service.

• Preference Cookies. We use Preference Cookies to remember your preferences and various settings.

• Security Cookies. We use Security Cookies for security purposes.

Use of Data

The Pool Company uses the collected data for various purposes:

• To provide and maintain the Service

• To notify you about changes to our Service

• To allow you to participate in interactive features of our Service when you choose to do so

• To provide customer care and support

• To provide analysis or valuable information so that we can improve the Service

• To monitor the usage of the Service

• To detect, prevent and address technical issues

The Pool Company does not ask you to provide, and we do not knowingly collect, any special categories of Personal Data from you, including Personal Data that reveals your racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade unions membership, or personal data concerning your health or data concerning your sex life or sexual orientation or history of criminal convictions.

Disclosure of Data

The Pool Company may disclose your Personal Data in the good faith belief that such action is necessary to:

• To comply with a legal obligation

• To protect and defend the rights or property of Latham Pool Products, including to enforce or apply our Terms and Conditions.

• To prevent or investigate possible wrongdoing in connection with the Service

• To protect the personal safety of users of the Service or the public

• To protect against legal liability

Other Disclosures – 3rd party service providers

We may also disclose your Personal Data to fulfill the purpose for which you provide it. For example, if we need to submit a warranty request to a manufacturer on your behalf, we may, with your permission, need to disclose your Personal Data so they may assist you with services required.

Your Rights Regarding Your Information and Accessing and Correcting Your Information

Applicable data protection laws may provide you with certain rights with regards to our processing of your Personal Data.

• Access and Update. You can review and change your Personal Data by notifying us through the contact information below of any changes or errors in any Personal Data we have about you to ensure that it is complete, accurate, and as current as possible. We may also not be able to accommodate your request if we believe it would violate any law or legal requirement or cause the information to be incorrect.

• Restrictions. You have the right to restrict our processing of your Personal Data under certain circumstances. In particular, you can request we restrict our use of it if you contest its accuracy, if the processing of your Personal Data is determined to be unlawful, or if we no longer need your Personal Data for processing but we have retained it as permitted by law.

• Portability. To the extent the Personal Data you provide Latham Pool Products is processed based on your consent, you have the right to request that we provide you a copy of, or access to, all or part of such Personal Data in structured, commonly used and machine-readable format. You also have the right to request that we transmit this Personal Data to another controller, when technically feasible.

• Withdrawal of Consent. To the extent that our processing of your Personal Data is based on your consent, you may withdraw your consent at any time by closing your account. Withdrawing your consent will not, however, affect the lawfulness of the processing based on your consent before its withdrawal, and will not affect the lawfulness of our continued processing that is based on any other lawful basis for processing your Personal Data.

• Right to be Forgotten. You have the right to request that we delete all of your Personal Data. We will only delete your Personal Data when we no longer have a lawful basis for processing your Personal Data or after a final determination that your Personal Data was unlawfully processed. We may not accommodate a request to erase information if we believe the deletion would violate any law or legal requirement or cause the information to be incorrect. In all other cases, we will retain your Personal Data as set forth in this policy. In addition, we cannot completely delete your Personal Data as some data may rest in previous backups. These will be retained for the periods set forth in our disaster recovery policies.

• Complaints. You have the right to lodge a complaint with the applicable supervisory authority in the country you live in, the country you work in, or the country where you believe your rights under applicable data protection laws have been violated. However, before doing so, we request that you contact us directly in order to give us an opportunity to work directly with you to resolve any concerns about your privacy.

How You May Exercise Your Rights. You may exercise any of the above rights by contacting us through any of the methods listed under the contact information below. If you contact us to exercise any of the foregoing rights, we may ask you for additional information to verify your identity. We reserve the right to limit or deny your request if you have failed to provide sufficient information to verify your identity or to satisfy our legal and business requirements.

Data Retention Periods

The Pool Company will retain your Personal Data for as long as necessary to comply with your request, to comply with any legal requirement, and for a long as necessary to protect our legal interests or otherwise pursue our legal rights and remedies. We may also keep your Personal Data on our archive systems in accordance with our backup and disaster recovery policies and procedures. The Pool Company may retain data that has been aggregated or otherwise rendered anonymous in such a manner that you are no longer identifiable indefinitely.

Changes to This Privacy Policy

We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.

We will let you know via email and/or a prominent notice on our Service, prior to the change becoming effective and update the “effective date” at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

If you have any questions about this Privacy Policy, you must contact us at the contact information listed below:

• By Contact Form: Fill out The Pool Company contact form.

• By Phone Number: 1-888-697-6650

• By -Email: info@thepoolcompany.ca

The Pool Company (Pooltek Inc.) welcomes you. We provide you access to our website located at https://www.thepoolcompany.ca/ (the “Website”) subject to the following terms of use (the “Terms of Use”), which may be updated by us from time to time without notice to you.

BY ACCESSING OUR WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE LEGALLY BOUND BY THESE TERMS OF USE AND THE TERMS AND CONDITIONS OF OUR PRIVACY POLICY (THE “PRIVACY POLICY”), WHICH IS HEREBY INCORPORATED HEREIN AND MADE A PART HEREOF BY REFERENCE (COLLECTIVELY, THIS “AGREEMENT”). IF YOU DO NOT AGREE TO ANY TERMS OF THE AGREEMENT, YOU MAY NOT USE THE SERVICES.

The Pool Company reserves the right to modify the Terms of Use at any time without giving you prior notice. Your use of the Services following any such modification constitutes your agreement to follow and be bound by the Terms of Use as modified.

USE OF THE SERVICES

You may use the Services solely for non-commercial, personal purposes and/or to learn about The Pool Company’s product and service offerings. While using the Services, you may not:

• Use the Services for any unlawful purposes.

• Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane or otherwise objectionable information of any kind, including without limitation, any transmission constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law, including without limitation the United States export control laws and regulations and federal and state antitrust laws;

• Post or transmit any information or software that contains a virus, malware or other harmful component or otherwise interfere with, or attempt to interrupt the proper operation of, the Services;

• Compromise the security of the Services, render the Services inaccessible to others, or otherwise cause damage to the Services or the Content.

• Use the Services in any way that might interfere with the rights of other users or third parties.

• Access or use the Services to collect any market research for a competing business.

• Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.

• Access or attempt to gain access to any Content, data, files, or passwords related to the Services through hacking, password or data mining, or any other means.

• Decompile, reverse engineer, or disassemble any software or other products or processes accessible through the Services.

• Cover, obscure, block, or in any way interfere with any advertisements and/or safety features on the Services.

• Use any robot, spider, scraper, or other automated means to access the Services for any purpose without our express written permission; and

• Take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure.

Mobile Terms of Use

Welcome to The Pool Company Mobile Alert Program, which includes but is not limited to, current and ongoing service updates and reminders, responding to requests for information by the consumer and/or end user, company updates impacting the consumer and/or end user and service/product offerings. Please review these Mobile terms of use which describe our available codes and govern your use of the mobile program. By providing your mobile number, you agree that The Pool Company my contact you by either voice or text, containing but not limited to important information regarding your ongoing/current services, company updates, information you have requested and service/product offerings. You may unsubscribe at any time by texting the word STOP to 1-888-697-6650. You may receive one final message confirming your opt-out request. For help, send the word HELP to 1-888-697-6650. Message and data rates may apply. You agree to notify us of any changes to your mobile number and update your account with us to reflect this change. By subscribing or otherwise using the service, you acknowledge and agree that we will have the right to change and/or terminate the service at any time, with or without cause and/or advance notice.

BY ACCESSING, BROWSING OR USING THE PROGRAM, YOU ACKNOWLEDGE AND AGREE THAT: (1) YOU ARE THE CURRENT SUBSCRIBER OR CUSTOMARY USER OF THE MOBILE PHONE NUMBER YOU PROVIDED TO “THE POOL COMPANY” IN ORDER TO PARTICIPATE IN THE PROGRAM; AND (2) YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS THEN PLEASE DO NOT USE THE PROGRAM.

TERMINATION OF THE AGREEMENT

We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Services, at any time and for any reason without prior notice or liability.