PRIVACY POLICY

DIY Pools and Spas LLC - The Homeowner Builder Program

EFFECTIVE DATE: March 20, 2025

1. INTRODUCTION

DIY Pools and Spas LLC ("Company," "we," "us," or "our") respects your privacy and is committed to protecting your personal information. This Privacy Policy explains how we collect, use, disclose, and safeguard your information when you use our services, including The Homeowner Builder Program, our website, and related services (collectively, the "Services").

Please read this Privacy Policy carefully. By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by this Privacy Policy. If you do not agree with our policies and practices, please do not use our Services.

2. INFORMATION WE COLLECT

2.1 Personal Information

We may collect the following types of personal information:

Identification Information: Name, email address, postal address, phone number, and other similar contact information.
Financial Information: Payment details, including credit card information, bank account details, and billing address.
Account Information: Username, password, account preferences, and security questions.
Property Information: Home address, property dimensions, pool design preferences, and other information related to your pool project.
Communications: Records of your interactions with us, including emails, calls, text messages, and video conferences.
User-Generated Content: Photos, videos, testimonials, and other content you share with us or post in our Facebook group or other platforms associated with DIY Pools and Spas LLC.

2.2 Non-Personal Information

We may also collect non-personal information when you interact with our Services, including:

Device Information: IP address, browser type, operating system, device type, and other technical information.
Usage Data: Pages visited, time spent on pages, links clicked, and other analytics data related to your interaction with our website and Services.
Cookies and Similar Technologies: Information collected through cookies, web beacons, and similar technologies. For more information, see our Cookie Policy section below.

3. HOW WE COLLECT INFORMATION

We collect information from you in several ways:

Direct Collection: Information you provide when you register for our Services, make a purchase, fill out forms, communicate with us, or post content on our platforms.
Automated Collection: Information collected automatically when you visit our website or use our Services through cookies, web beacons, and other tracking technologies.
Third-Party Sources: Information we receive from business partners, subcontractors, service providers, and other third parties.

4. HOW WE USE YOUR INFORMATION

We may use your personal information for the following purposes:

Provide and Improve Services: To deliver the Services you request, process transactions, maintain your account, and improve our Services.
Communication: To communicate with you regarding your account, projects, and to provide customer support. By providing your phone number, you expressly consent to receiving calls and text messages from DIY Pools and Spas LLC for all business-related communications.
Marketing: To inform you about new services, promotions, and other information that may be of interest to you.
Business Operations: For business analysis, planning, fraud prevention, and other legitimate business purposes.
Legal Compliance: To comply with applicable laws, regulations, and legal processes.
Educational and Promotional Content: To create educational and promotional materials when you agree to share your project details, including designs, photos, and testimonials.

5. HOW WE SHARE YOUR INFORMATION

We may share your personal information in the following circumstances:

Service Providers: With third-party vendors, consultants, and service providers who need access to your information to perform services on our behalf (e.g., payment processors, email service providers, hosting providers).
Business Partners: With Heritage Pool Supply or other business partners to provide you with access to wholesale pool equipment and materials as part of our Services.
Legal Requirements: When required by law, regulation, or legal process, or to protect our rights, property, or safety, or the rights, property, or safety of others.
Business Transfers: In connection with a business transaction such as a merger, acquisition, or sale of assets.
With Your Consent: With your explicit consent or at your direction.

We do not sell your personal information to third parties. We do not share your phone number with subcontractors or other third parties unless explicitly required by law or with your specific consent. However, we do share necessary customer information, including contact information, with Heritage Pool Supply to facilitate your access to wholesale pool equipment and materials as part of our Services.

6. DATA SECURITY

We implement appropriate technical and organizational measures to protect your personal information against unauthorized access, accidental loss, alteration, disclosure, or destruction. However, no method of transmission over the Internet or electronic storage is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.

7. DATA RETENTION

We retain your personal information for as long as necessary to fulfill the purposes outlined in this Privacy Policy, unless a longer retention period is required or permitted by law. When determining how long to retain information, we consider the amount, nature, and sensitivity of the information, the potential risk of harm from unauthorized use or disclosure, the purposes for which we process the information, and applicable legal requirements.

You may request deletion of your personal information upon fulfillment of services and project completion by contacting us as described in Section 12.

8. YOUR RIGHTS AND CHOICES

Depending on your location, you may have certain rights regarding your personal information, including:

Access: You may request access to your personal information.
Correction: You may request correction of inaccurate or incomplete personal information.
Deletion: You may request deletion of your personal information, subject to certain exceptions.
Opt-Out: You may opt-out of marketing communications at any time by following the unsubscribe instructions in any marketing email or by contacting us directly.
Data Portability: You may request a copy of your personal information in a structured, commonly used, and machine-readable format.

To exercise these rights, please contact us using the information provided in Section 12.

9. COOKIE POLICY

9.1 What Are Cookies

Cookies are small text files that are stored on your device when you visit a website. They are widely used to make websites work more efficiently and provide information to website owners.

9.2 How We Use Cookies

We use cookies for the following purposes:

Essential Cookies: Necessary for the operation of our website.
Analytical/Performance Cookies: Allow us to recognize and count visitors and see how visitors move around our website.
Functionality Cookies: Used to recognize you when you return to our website.
Targeting Cookies: Record your visit to our website, the pages you have visited, and the links you have followed.

9.3 Managing Cookies

Most web browsers allow you to control cookies through their settings. You can typically find these settings in the "options" or "preferences" menu of your browser. However, please note that disabling certain cookies may affect the functionality of our website.

10. CHILDREN'S PRIVACY

Our Services are not directed to individuals under the age of 18. We do not knowingly collect personal information from children under 18. If we learn we have collected or received personal information from a child under 18 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 18, please contact us using the information provided in Section 12.

11. CHANGES TO THIS PRIVACY POLICY

We may update this Privacy Policy from time to time. The updated version will be indicated by an updated "Effective Date" at the top of this Privacy Policy. We encourage you to review this Privacy Policy frequently to stay informed about how we are protecting your information. Your continued use of our Services after any changes to this Privacy Policy constitutes your acceptance of such changes.

12. CONTACT INFORMATION

If you have any questions or concerns about this Privacy Policy or our privacy practices, please contact us at:

DIY Pools and Spas LLC
Phone: 951-494-4023
Email: [email protected]

13. CALIFORNIA PRIVACY RIGHTS

If you are a California resident, you may have additional rights under the California Consumer Privacy Act (CCPA) regarding your personal information. These rights may include:

The right to know what personal information we collect, use, disclose, and sell
The right to request deletion of your personal information
The right to opt-out of the sale of your personal information
The right to non-discrimination for exercising your CCPA rights