SmartTub™ Mobile App Privacy Statement
Effective January 1, 2020
Jacuzzi Brands, LLC, and its respective operating divisions, subsidiaries, affiliates and branches, including its U.S. affiliates certified under the Privacy Shield, and any additional subsidiary, affiliate, or branch that we may subsequently form (collectively, the “Company,” “we” or “us”) respect the privacy concerns of our customers and we value your trust in our products and services. The Company provides this privacy statement to inform you about our informational practices, the kinds of information we may collect, how we intend to use and share that information, how you can correct or change such information, and the choices you can make (“Privacy Statement”). The following are highlights of some of the key provisions in this Privacy Statement, but we encourage you to read this Privacy Statement in its entirety before submitting any information.
SmartTub™ Mobile App Privacy Statement Highlights
Collection and retention of personal information. We collect personal information in order to operate our business and provide our products and Services. We strive to limit collection and retention of personal information to only that needed for such purposes.
Use of personal information. We use your personal information to, among other things:
· provide our Services and to fulfill our contract with you;
· analyze and improve our App and Services pursuant to our legitimate interests;
· provide you additional content and Services; and
· communicate with you.
Sharing your personal information. We do not sell or rent your personal information. We may share your personal information in limited circumstances, such as to operate our business, provide products and Services (e.g., SmartTub™ installation or maintenance by an authorized dealer), with your consent, or as required by law.
International data transfers. We comply with the EU-U.S. Privacy Shield Framework. To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov. Additionally, we may protect information through other legally valid methods, including international data transfer agreements.
Your rights and choices. You have the right to object to and opt out of certain uses and disclosures of your personal information, and you have choices about how to manage your personal information and what types of communications you receive from us.
By using any of the Company affiliated products or Services where this Privacy Statement is posted, or submitting or requesting information, you acknowledge that you understand and agree with the provisions of this Privacy Statement. If you have any questions or concerns about this Privacy Statement please contact us here.
SmartTub™ Mobile App Privacy Statement Table of Contents
1. Scope.
2. What Personal Information We Collect.
3. How We Use the Personal Information We Collect.
4. How We Share the Personal Information We Collect.
5. Security.
6. Retention.
10. Privacy Shield.
11. Supervisory Authority.
12. Changes to Our Privacy Statement.
14. Definitions.
1. SCOPE
This Privacy Statement applies to personal information that is Processed by the Company in the course of our business with regard to the Company’s mobile app (the “App”), SmartTub™ and related online and offline services (the “Services”) where this notice is posted. All individuals whose responsibilities include the Processing of personal information on behalf of the Company are expected to protect personal information by adherence to this Privacy Statement. This Privacy Statement is intended to meet requirements globally.
1.1 Links to Third Party Websites
Please note that our App and Services may contain links to other websites for your convenience and information. The Company does not control Third Party websites or their privacy practices, which may differ from those set out in this Privacy Statement. The Company does not endorse or make any representations about Third Party websites or applications. Visiting these other websites or applications is at your own risk. Any personal information you choose to give to unrelated Third Parties is not covered by this Privacy Statement. We encourage you to review the privacy policy of any company or website before submitting your personal information. Some Third Parties may choose to share their users’ personal information with us; that sharing is governed by that company’s privacy policy, not this Privacy Statement.
2. WHAT PERSONAL INFORMATION WE COLLECT
The categories of personal information we may collect (directly from you or from Third Party sources) and our privacy practices depend on the nature of the relationship you have with the Company and the requirements of applicable law. We endeavor to collect information only relevant for lawful purposes of Processing. When we collect personal information from you, it may be (i) to fulfill a contract; (ii) to fulfill compliance obligations; (iii) to protect your or another individual’s vital interests; (iv) to perform a task in the public interest; or (v) for purposes of our or a Third Party’s legitimate interests, or other legal bases as permitted by law.
2.1 Information You Provide
We collect personal information in order to operate our business and provide our products and Services. The categories of personal information we collect depends on your interactions with us and how you use our App, Services and products and may include:
Contact Information. We collect your first and last name, email address, postal address, phone number, or other similar contact information.
Account or Billing Information. We collect information related to you Company account such as your username or password. We, or our third-party partners as described in Section 4.3.1 below, also keep records of data necessary to facilitate purchases you make through the App.
Product Information. We collect product information such as your warranty information, purchase history, product preferences, hot tub temperature, water characteristics such as the clarity, quality or temperature, electricity usage, or equipment functionality.
Demographic Information. We collect demographic information such as your birthdate, or preferred Sundance® Spas/Jacuzzi®/ThermoSpas® affiliated dealer.
Location Information. We collect your geographic location information.
Social Media Content. We may offer forums, blogs, or social media pages. Any content you provide on these channels will be considered “public” and is not subject to privacy protections.
For more information about the features of the SmartTub™, please consult the user manual which came with your product.
If you choose not to provide us with personal information, you may still access or use our Services, however you may be unable to use certain Services or unable to access certain functionalities of the Services.
2.2 Information Collected Automatically
We may collect certain information automatically through our App and Services or other methods of web analysis, such as your Internet Protocol (IP) address, cookie identifiers, mobile carrier, MAC address, and other device identifiers that are automatically assigned to your computer or device when you access the Internet, browser type and language, geo-location information, hardware type, operating system, Internet service provider, pages that you visit before and after using the Services, the date and time of your visit, the amount of time you spend on each page, information about the links you click and pages you view within the App and Services, and other actions taken through use of the App and Services such as preferences. When you use the App and Services, we may automatically receive information such as geographic location and diagnostic data related to your SmartTub™. We may use this information to identify your nearest Sundance® Spas/Jacuzzi®/ThermoSpas® affiliated dealer who may assist you with your SmartTub™ maintenance, questions or concerns.
2.2.1 Remote Diagnostics Data
The diagnostic features of the SmartTub™ enable Company and its authorized Dealers (see Section 4.2) in some situations to identify issues which may impair optimal functioning of the SmartTub™ and assist you with identifying the appropriate accessories, parts or services necessary to keep your SmartTub™ in good operating order. Diagnostic data collected by the SmartTub™ includes: water temperature, spa settings, repair or maintenance data, frequency of use, component power draw, component status, and other similar information related to the functioning and use of the SmartTub™.
In order to provide accurate information and real-time alerts, Company is able to continuously run diagnostics remotely. After you complete setup of the App, including acceptance of the SmartTub™ Terms of Service, the SmartTub™ will begin compiling diagnostic data and reporting it to Company when it is connected to a power source. Your SmartTub™ may come with a “Free Trial” which includes a period (typically one year) commencing from the date that you accept the SmartTub™ Terms of Service of free use of certain subscription Services, including remote monitoring and control of the hot tub (or for such other Free Trial period and/or Services, if any, as may indicated to you at the time you activate your Free Trial through the App). Please note that you have 18 months from the date of purchase of your SmartTub™ to activate your Free Trial.
To continue to obtain the Services after the expiration of the Free Trial, you must renew your Subscription connected to your SmartTub™ account (please refer to our Terms of Service for additional information about a “Subscription”). If your Subscription is not renewed or if it is terminated, you will no longer be able to remotely monitor and control the hot tub. For your convenience, we will continue to collect, maintain and manage your diagnostic data in case you elect to renew your Subscription unless you opt out or request deletion of your data.
To opt-out of the SmartTub’s™ collection and use of diagnostic data you may opt-out in the App prior to creating an account or you may contact Company directly to opt-out after creating an account. If you choose to opt-out of the SmartTub’s™ collection of diagnostic data, any diagnostic data collected prior to your opt-out will be securely deleted. See also “What Choices Can I Make?”
2.3 Direct Mail, Mail and Outbound Telemarketing
Users who provide us with personal information, or whose personal information we obtained from Third Parties, may receive periodic emails, mailings, SMS (short messaging service) messages or phone calls from us with information on our products and Services or upcoming special offers/events we believe may be of interest. We offer users the option to object at any time by opting out of any such direct marketing communications at no cost to you. See “What Choices Can I Make?”
2.4 Research/Survey Solicitations
We may contact you to participate in surveys. If you decide to participate, you may be asked to provide certain information which may include personal information.
2.5 Cookies, Pixel Tags/Web Beacons, Analytics Information, and Interest-Based Advertising technologies
We, as well as Third Parties that provide content, advertising, or other functionality on the Services, may use cookies, pixel tags, local storage, and other technologies (“Technologies”) to automatically collect information through the Services. Technologies are essentially small data files placed on your computer, tablet, mobile phone, or other devices that allow us and our partners to record certain pieces of information whenever you visit or interact with our Services.
· Cookies. Cookies are small text files placed in visitors’ computer browsers to store their preferences. Most browsers allow you to block and delete cookies. However, if you do that, the Services may not work properly.
· Pixel Tags/Web Beacons. A pixel tag (also known as a web beacon) is a piece of code embedded in the Services that collects information about users’ engagement on that web page. The use of a pixel allows us to record, for example, that a user has visited a particular web page or clicked on a particular advertisement.
2.6 Analytics
We use Google Analytics for Firebase and other service providers to collect information regarding visitor behavior and visitor demographics on some of our Services, and to develop the App and website content. For more information about Google Analytics, please visit www.google.com/policies/privacy/partners/ and
https://firebase.google.com/docs/analytics/. You can opt out of Google’s collection and processing of data generated by your use of the Services by going to http://tools.google.com/dlpage/gaoptout.
2.7 Automated Processing and Profiling
We may use technologies considered automated decision making or profiling. We will not make automated decisions about you that would significantly affect you, unless such a decision is necessary as part of a contract we have with you, we have your consent, or we are required by law to use such technology.
2.8 Registration for Sweepstakes or Contests.
We may run sweepstakes and contests. Contact information you provide may be used to reach you about the sweepstakes or contest and for other promotional, marketing and business purposes, if permitted by law. In some jurisdictions, we are required to publicly share information of winners.
2.9 Biometric Information
We will not collect biometric data that uniquely identifies you without your explicit prior consent.
2.10 Information from Other Sources
We may obtain information about you from other sources, including through Third-Party services and organizations to supplement information provided by you. For example, if you access our Services through a Third-Party application, such as an app store, a Third-Party login service, or a social networking site, we may collect information about you from that Third-Party application that you have made public via your privacy settings. Information we collect through these services may include your name, your user identification number, your user name, location, gender, birth date, email, profile picture, and your contacts stored in that service. This supplemental information allows us to verify information that you have provided to us and to enhance our ability to provide you with information about our business, products, and Services.
2.11 Voice Assistants
You may be able to control certain features of your SmartTub™ by pairing our App with a third-party voice assistant (e.g., Alexa on Amazon Echo). We will use your voice commands to control the SmartTub™, but we will not retain any record of your interaction with the voice assistant, including, but not limited to, recordings of your verbal interaction. Please note that the voice assistant is a third-party service and is not subject to this Privacy Statement. Rather, you should consult the third party’s privacy policy and other legal documents to determine how your interactions with the third-party voice assistant are governed.
3. HOW WE USE THE PERSONAL INFORMATION WE COLLECT
We use your personal information and information for a variety of business purposes, including:
3.1 To Provide Our Services and to Fulfill Our Contract with You, such as:
- Managing your information and accounts;
- Providing the Services;
- Providing access to certain areas, functionalities, and features of our Services;
- Communicating with you about your account, activities on our Services and Privacy Statement changes;
- Process your financial information and other payment methods for products and Services purchased;
- Processing applications and transactions; and
- Answering your requests for customer or technical support.
3.2. Analyze and Improve Our App and Services Pursuant to Our Legitimate Interests, such as:
- Measuring interest and engagement in our App and Services;
- Conducting research and development;
- Developing new products and Services;
- Ensuring internal quality control;
- Verifying your identity and preventing fraud;
- Detecting bugs or other software issues;
- Preventing potentially prohibited or illegal activities;
- Enforcing our Terms of Service;
- To comply with our legal obligations, protect your vital interests, or as may be required for the public good.
3.3. Provide You Additional Content and Services, such as:
- Providing you with customized materials about offers, products, and Services that may be of interest, including new content or Services;
- Providing Services to you and our customers;
- Auditing related transactions; and
- Other purposes you consent to, are notified of, or are disclosed when you provide personal information.
You may contact us at any time to opt out of the use of your personal information for marketing purposes, as described below in “What Choices Can I Make?”
3.4 To Communicate with You
We use your personal information to respond to your questions and requests when you contact us. We may also use your personal information to communicate with you about Sundance® Spas/Jacuzzi®/ThermoSpas® products or Services. These communications may include email, push alerts, and SMS messages on your mobile phone. To exercise your choice about receiving certain communications, please see “What Choices Can I Make?”
The types of communications that we send to you depend on the features of the Services that you use which may include:
Product Information. We send you communications containing educational content such as information about certain features of the SmartTub™, or information relating to the care or maintenance of your SmartTub™.
Diagnostics. We send you communications related to any issues identified by Company remote diagnostic monitoring which could impair the optimal performance of your SmartTub™. For example, we may send you a message to inform you that your SmartTub™ may need maintenance.
Replacement Parts, Accessories and Maintenance. We send you communications related to accessories, replacement parts or maintenance to assist you with improving or maintaining the performance of your SmartTub™.
Purchases. We send you communications related to purchases you make through the App.
Promotions and Marketing. If permitted in your jurisdiction, we may send you communications regarding promotions or offers that we believe may interest you.
3.5. Use De-identified and Aggregated Information
We may use personal information and other information about you to create de-identified and aggregated information, such as de-identified demographic information, de-identified location information, information about the computer or device from which you access our Services, or other analyses we create.
3.6 Share Content with Friends or Colleagues
Our Services may offer various tools and functionalities. For example, we may allow you to provide information about your friends through our referral services. Our referral services may allow you to forward or share certain content with a friend or colleague, such as an email inviting your friend to use our Services.
3.7. Automatic Collection Technologies.
We, as well as Third Parties that provide content, advertising, or other functionality on the Services, may use cookies, pixel tags, local storage, and other technologies to automatically collect information through the App and Services. Our uses of these Technologies fall into the following general categories:
· Operationally Necessary. This includes Technologies that allow you access to our Services, App, and tools that are required to identify irregular site behavior, prevent fraudulent activity and improve security or that allow you to make use of our functions such as shopping-carts, saved search, or similar functions;
· Performance Related. We may use Technologies to assess the performance of our Services and App, including as part of our analytic practices to help us understand how our visitors use the Services and App;
· Functionality Related. We may use Technologies that allow us to offer you enhanced functionality when accessing or using our Services and App. This may include identifying you when you sign into our App and Services or keeping track of your specified preferences, interests, or past items viewed;
· Advertising or Targeting Related. We may use first party or Third-Party Technologies to deliver content, including ads relevant to your interests, on our App and Services or on Third Party sites.
3.8 Cross-Device Tracking
Your browsing activity may be tracked across different websites and different devices or apps. For example, we may attempt to match your browsing activity on your mobile device with your browsing activity on your laptop. To do this our technology partners may share data, such as your browsing patterns, geo-location and device identifiers, and will match the information of the browser and devices that appear to be used by the same person.
3.9 Notice Regarding Application Programming Interfaces and Software Development Kits
We may use Third Party application programming interfaces (“APIs”) and software development kits (“SDKs”) as part of the functionality of our Services. APIs and SDKs may allow Third Parties including analytics and advertising partners to collect your personal information for various purposes including to provide analytics services and content that is more relevant to you. For more information about our use of APIs and SDKs, please contact us as set forth below.
4. HOW WE SHARE THE PERSONAL INFORMATION WE COLLECT
We may share your personal information with the categories of Third Parties listed below. For a list of the categories of personal information we have disclosed about consumers for a business purpose in the past 12 months, please contact us as provided in Section 13. We do not and will not sell or rent your personal information to Third Parties.
4.1 Other Account Users
Only one Company account is affiliated with a particular SmartTub™. If you choose to share your Company account login information with another person, that person may be able to view certain information related to you or your hot tub use and you acknowledge that you are responsible for the actions that person may take related to your account.
4.2 Sundance® Spas/Jacuzzi®/ThermoSpas® Affiliated Dealers.
The Company is a global company that works with a network of trusted authorized resellers. We may share your personal information with an authorized Sundance® Spas/Jacuzzi®/ThermoSpas® dealer near you to facilitate product shipment, delivery or installation of your SmartTub™, or to provide maintenance and other services related to your product. For example, Company may provide your authorized dealer with information relating to your warranty, product service history, maintenance alerts or reminders, or orders for replacements parts or accessories.
4.3 Third Party Service Providers
We may share your personal information with Third Parties to perform Services on our behalf such as, providing technical services, processing your payment, providing a service you have requested, or facilitating marketing activities and other promotions (“Service Providers”). These Service Providers may only use the personal information that is necessary to perform the function required and may not use it for any other purpose. The Company requires our Service Providers to agree in writing to maintain the confidentiality and security of personal information they maintain on our behalf and not to use it for any purpose other than the purpose for which we retained them.
4.3.1 Third Party Payment Processing Services
If you make purchases through the App or website, payment processing services are provided by Third Parties such as PayPal, Amazon Pay, Apple Pay, Stripe or Shopify. Your use of these Third Party payment processors’ services is subject to the privacy policy of the applicable Third Party payment processor. You may learn more about the privacy policies of these Third Party payment processors at:
PayPal: https://www.paypal.com/us/webapps/mpp/ua/privacy-full
Amazon Pay: https://pay.amazon.com/us/help/201751600
Apple Pay: https://www.apple.com/legal/privacy/en-ww/
Stripe: https://stripe.com/us/privacy
Shopify: https://www.shopify.com/legal/privacy
4.4 Social Media
Your personal information may be disclosed in connection with your social media activity. If you connect or otherwise choose to engage with Company on social media, the social media site may collect your personal information or may share information with us about your use of its services. Information you choose to share in a social media post may also be disclosed to any Third Party capable of viewing that post. Please review the social media site’s privacy policy and privacy settings to control how your personal information is shared.
4.5 To Comply with Legal Obligations
We may disclose information about you: (i) if we are required to do so by law, court order or legal process; (ii) in response to lawful requests by public authorities, including to meet national security or law enforcement requirements; (iii) under the discovery process in litigation; (iv) to enforce the Company’s policies or contracts; (v) to collect amounts owed to the Company; (vi) when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation or prosecution of suspected or actual illegal activity; or (vii) in the good faith belief that disclosure is otherwise necessary or advisable. In addition, from time to time, server logs may be reviewed for security purposes - e.g., to detect unauthorized activity on the App and websites. In such cases, server log data containing IP addresses may be shared with law enforcement bodies in order that they may identify users in connection with their investigation of the unauthorized activities.
4.6 Business Use
Company may access, preserve, use, or disclose your personal information in order to protect the rights of the business, its property, its employees and others, or to enforce Company’s billing or contracts.
4.7 Disclosure in the Event of Merger, Sale, or Other Asset Transfers.
If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, purchase or sale of assets, or transition of service to another provider, then your information may be sold or transferred as part of such a transaction, as permitted by law and/or contract.
4.8 International Data Transfers
Additionally, Company may protect information through other legally valid methods, including international data transfer agreements.
You agree that all information processed by us may be transferred, processed, and stored anywhere in the world, including but not limited to, the United States or other countries, which may have data protection laws that are different from the laws where you live. We have taken appropriate safeguards to require that your personal information will remain protected and require our third-party service providers and partners to have appropriate safeguards as well. Further details can be provided upon request.
4.9 Affiliates
We may share personal information with our affiliated companies.
4.10. Advertising Partners
Through our App and Services, we may allow Third Party advertising partners to set Technologies and other tracking tools to collect information regarding your activities and your device (e.g., your IP address, mobile identifiers, page(s) visited, location, time of day). We may also combine and share such information and other information (such as demographic information and past purchase history) with Third Party advertising partners. These advertising partners may use this information (and similar information collected from other websites) for purposes of delivering targeted advertisements to you when you visit Third Party websites within their networks. This practice is commonly referred to as “interest-based advertising” or “online behavioral advertising. We may allow access to other data collected by the Services to share information that may be useful, relevant, valuable or otherwise of interest to you. If you prefer not to share your personal information with Third Party advertising partners, you may follow the instructions below in “What Choices Can I Make?”
4.11 Privacy Shield
With respect to onward transfers to agents under Privacy Shield, Privacy Shield requires that we remain liable should our agents process personal information in a manner inconsistent with the Privacy Shield Principles.
5. SECURITY
We take steps to ensure that your information is treated securely and in accordance with this Privacy Statement. Unfortunately, no system is 100% secure, and we cannot ensure or warrant the security of any information you provide to us. To the fullest extent permitted by applicable law, we do not accept liability for unintentional disclosure. It is your responsibility to keep your password secure. Please contact us immediately if you suspect your account has been compromised.
By using the Services or providing personal information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Services. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Services, by mail or by sending an e-mail to you.
6. RETENTION
The Company retains the personal information we receive as described in this Privacy Statement based on the following criteria. We will retain personal information for as long as you use our App and Services or as necessary to fulfill the purpose(s) for which it was collected, provide our products and Services, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements, or based upon such other criteria required to comply with contracts, our policies and applicable laws.
7. CHILDREN’S ONLINE PRIVACY
Due to the nature of our business, the Services and App are not directed to children under 13 (or other age as required by local law), and we do not knowingly collect personal information from children. If you become aware that a child under 13 (or other age as required by local law) has provided us with personal information we ask that you notify us by email at support@smarttub.net. Should we become aware that a child under age 13 (or other age as required by local law) has provided personal information, we will take steps to promptly delete it.
8. YOUR CALIFORNIA RIGHTS
If you are a California resident, California Civil Code Section 1798.83 permits you to make an annual request for information regarding the disclosure of categories of your personal data Company has shared with any third parties for the third parties’ direct marketing purposes. We do not sell or share personal information with Third Parties for their own purposes. However, to make the request, please send an email to support@smarttub.net, or write to us at:
California Privacy Rights
Sundance Spas, Inc./Jacuzzi Hot Tubs/ThermoSpas Hot Tub Products Inc.
13925 City Center Drive, Suite 200
Chino Hills, California 91709
Please allow 30 days for Company to respond to your request.
9. WHAT CHOICES CAN I MAKE?
You have the right to object to and opt out of certain uses and disclosures of your personal information, you have choices about how to manage your personal information and what types of communications you receive from us. To protect your privacy, we will take steps to verify your identity before fulfilling your request. We process requests to be placed on do-not-mail, do-not-phone and do-not-contact lists as required by applicable law.
General: You have certain choices about your personal information. Where you have consented to the Processing of your personal information, you may withdraw that consent at any time and prevent further processing by contacting us as described below. Even if you opt out, we may still collect and use non- personal information regarding your activities on our Services and for other legal purposes as described above.
SmartTub™ Diagnostic Data Collection: You may choose to opt-out in the App or by contacting Company directly.
Email Communications: You may choose to opt-out of receiving certain email communications by following the instructions in the email to unsubscribe. However, we will continue to send transaction-related emails regarding products or services you have requested and certain non-promotional communications regarding us, the App and our Services (e.g. communications regarding the Services or updates to our Terms of Service or this Privacy Statement).
Push Alerts: You may access the options available on your mobile phone settings to control your receipt of push alerts. We may also collect location-based information if you use our mobile applications. You may opt-out of this collection by changing the settings on your mobile device.
SMS messages: You may choose to opt-out of receiving certain SMS messages communications by following the instructions in the text message to unsubscribe.
Do Not Track Disclosure: Do Not Track is a privacy preference that can be set in a web browser. At this time we do not respond to Do Not Track browser settings or signals. For information about Do Not Track, please visit https://allaboutdnt.com/.
Cookies and Interest Based Advertising: You may stop or restrict the placement of cookies on your computer or remove them from your browser by adjusting your web browser preferences. Please note that cookie-based opt-outs are not effective on mobile applications. However, on many mobile devices, application users may opt out of certain mobile ads via their device settings.
The online advertising industry also provides websites from which you may opt-out of receiving targeted ads from data partners and our other advertising partners that participate in self-regulatory programs. You can access these, and also learn more about targeted advertising and consumer choice and privacy, at www.networkadvertising.org/managing/opt_out.asp, or http://www.youronlinechoices.eu/ and www.aboutads.info/choices/.
Advertisements on Third-Party websites that contain the AdChoices link and that link to this Privacy Statement may have been directed to you based on information collected by advertising partners over time and across websites. These advertisements provide a mechanism to opt-out of the advertising partners’ use of this information for interest-based advertising purposes.
Your Privacy Rights
In accordance with applicable law, you may have the right to:
· request confirmation of whether we are Processing your personal information;
· obtain access to or a copy of your personal information;
· receive an electronic copy of your personal information or ask us to send that information to another company;
· restrict our uses of your personal information, including the right to opt in or opt out of the sale of your personal information to Third Parties, depending on applicable law;
· seek correction or amendment of inaccurate, untrue, incomplete, or improperly Processed personal information; and
· request erasure of personal information held about you, subject to certain exceptions prescribed by law.
If you would like to exercise any of these rights, please log into your account or contact us as set forth below. We will process such requests in accordance with applicable laws. To protect your privacy, we will take steps to verify your identity before fulfilling your request.
9.1 Changing Ownership of Your SmartTub™
If you sell, transfer, abandon or otherwise dispose of your SmartTub™, Company recommends that you permanent unpair it from your Company account as a privacy measure.If you do not unpair your Company account before relinquishing ownership of your SmartTub™, for example, if you move and do not take your SmartTub™ with you, the Third Party who then assumes ownership or control of that SmartTub™ may obtain access to information related to your account, including information about you. To unpair your Company account from a SmartTub™ you must contact Company directly for assistance.
10. PRIVACY SHIELD
10.1 Privacy Shield Redress and Accountability
If you are an EU or UK citizen and feel that Company is not abiding by the terms of this Privacy Statement, or is not in compliance with the Privacy Shield Principles, please contact us.
In addition, Company has agreed to refer unresolved complaints related to personal information to JAMS Privacy Shield Dispute Resolution Program (“JAMS”). For more information and to submit a complaint regarding Individual data to JAMS, a dispute resolution provider which has locations in the United States and EU, visit https://www.jamsadr.com/eu-us-privacy-shield. Such independent dispute resolution mechanisms are available to citizens free of charge. If any request remains unresolved, you may contact the national data protection authority for your EU Member State. You may also have a right, under certain conditions, to invoke binding arbitration under Privacy Shield; for additional information, see:
https://www.privacyshield.gov/article?id=ANNEX-I-introduction.
The FTC has jurisdiction over Company’s compliance with the Privacy Shield.
10.2. Privacy Shield Compliance
This Privacy Statement shall be implemented by Company and its operating divisions, subsidiaries and affiliates, including: Sundance Spas, Inc. (dba Jacuzzi Hot Tubs), Thermospas Hot Tub Products, Inc., and New Dimension One Spas, Inc. Company has put in place mechanisms to verify ongoing compliance with Privacy Shield Principles and this Privacy Statement. Any employee that violates these privacy principles will be subject to disciplinary procedures.
11. SUPERVISORY AUTHORITY
If you are located in the European Economic Area, you have the right to lodge a complaint with a supervisory authority if you believe our processing of your personal information violates applicable law.
12. CHANGES TO OUR PRIVACY STATEMENT
We may revise this Privacy Statement from time to time in our sole discretion. If there are any material changes to this Privacy Statement, we will notify you as required by applicable law. You understand and agree that you will be deemed to have accepted the updated Privacy Statement if you continue to use the Services after the new Privacy Statement takes effect.
13. HOW TO CONTACT US
For questions about our Privacy Statement, to make choices about receiving marketing or promotional communications, or if you have a request to access, correct or delete your personal information, you may contact us by email, telephone or postal mail at:
For Sundance® Spas:
Email: support@smarttub.net
Telephone: 844-602-6066
Postal Mail:
Attention: Privacy
Sundance Spas, Inc.
13925 City Center Drive, Suite 200
Chino Hills, California 91709
For Jacuzzi® Hot Tubs:
Email: support@smarttub.net
Telephone: 844-602-6066
Postal Mail:
Attention: Privacy
Jacuzzi Hot Tubs
13925 City Center Drive, Suite 200
Chino Hills, California 91709
For ThermoSpas® Hot Tubs:
Email: support@smarttub.net
Telephone: 844-602-6066
Postal Mail:
Attention: Privacy
ThermoSpas Hot Tub Products Inc.
10 Research Parkway, Ste 300
Wallingford, CT 06492
“Privacy Shield Principles” collectively means the seven (7) privacy principles as described in the Privacy Shield: (1) notice; (2) choice; (3) accountability for onward transfer; (4) security; (5) data integrity and purpose limitation; (6) access; and (7) recourse, enforcement and liability. Additionally, it includes the sixteen (16) supplemental principles described in the Privacy Shield: (1) sensitive data;(2) journalistic exceptions; (3) secondary liability; (4) performing due diligence and conducting audits; (5) the role of the data protection authorities; (6) self- certification; (7) verification; (8) access;(9) HR data; (10) obligatory contracts for onward transfers; (11) dispute resolution and enforcement;(12) choice - timing of opt-out; (13) travel information; (14) pharmaceutical and medical products;(15) public record and publicly available information; and (16) access requests by public authorities.
“Process” or “Processing” means any operation or set of operations which is performed upon personal information or sets of personal information, whether or not by automatic means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
“Sensitive Personal Information” or “Sensitive Data” is a subset of personal information, which due to its nature has been classified by law or by policy as deserving additional privacy and security protections. Sensitive Personal Information consists of (a) all government-issued identification numbers (including US Social Security numbers, Canadian Social Insurance numbers, driver’s license numbers and passport numbers); (b) Individual financial account numbers (bank account numbers, credit card numbers, and other information if that information would permit access to an individual’s financial account); (c) medical/health records (e.g., fitness for duty information); (d) personal information obtained from a US individual reporting agency and subject to the Fair Credit Reporting Act; and (e) personal information regarding EU-residents that is classified as “Special Categories of Data” under EU law, which consists of the following data elements: (1) race, (2) ethnicity, (3) religion or political beliefs, (4) trade union membership, (5) health information or biometric data, (6) sexual orientation or information about the individual’s sex life, and (7) information about crimes or alleged crimes committed by the individual.
“Third Party” or “Third Parties” is/are any natural or legal person(s), public authority, agency or body other than the individual, the Company or the Company’s agents.