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The future is here. Pool Management made easy.

LAST MODIFIED AUGUST 24, 2013

The purpose of this privacy policy (“Privacy Policy”) is to inform you about the types of information J & J Management a/k/a PootTrac (“PoolTrac”) gathers about you when you access or use our website available at www.pooltrac.com , our mobile app software, and other associated services (together, the “Services”) This Privacy Policy supplements and is incorporated as a part of PoolTrac’s End User License Agreement and Website Terms of Use (“User Agreement”).. Throughout this Privacy Policy, “we” or “our” refers to PoolTrac, and “you” or “your” refers to the person or entity who accesses or uses the Services or its content (the “User”). This Privacy Policy applies solely to information collected online through the Services.

Right To Change Policy

PoolTrac reserves the right, at its sole discretion, to alter this Privacy Policy at any time without prior notice to any User, including to comply with privacy laws, regulations and/or our own or industry standards or otherwise. We encourage you to review this Privacy Policy each time you access or use our Services. Your use of our Services at any time, including after any change to this Privacy Policy, indicates your acceptance of this Privacy Policy and the User Agreement, and any change made to this Privacy Policy or the User Agreement.

COLLECTION AND USE OF INFORMATION FROM USERS

We may collect information on our Users in various ways, including by your voluntary submissions, through surveys, contests, sweepstakes and other promotions and through “cookie” (as explained below) and other tracking technology. The information we collect is used in a variety of ways including, but not limited to: fulfilling and providing services requested by you; improving our software and our services; notifying you about updates to the Services and our services; and/or informing about products, services and promotions in which you may have interest. With your authorization or as otherwise permitted under this Privacy Policy, we may also share the information you provide with third parties.

Personally Identifiable Information

Personally Identifiable Information refers to information that tells us specifically who you are, such as your name, phone number, email, postal address or credit card information, and possibly information relating to certain support or customer service issues (“Personally Identifiable Information”).

Aggregate Information

From time to time, we may collect general, non-personal, statistical information about the use of the Services, such as how many visitors visit a specific page on the Services, how long they stay on that page, and which hyperlinks, if any, they click on. This information represents a generic overview of our Users’ collective viewing habits and allows us and other third parties to modify information, promotions, offers and/or discounts on products and services based on user traffic and behavior. We collect this information through the use of technologies such as “cookies”, which are discussed in greater detail in this Privacy Policy. We collect this information in order to determine, for example, which areas of the Services are most popular and to enhance the Services for visitors. We may also group this information into aggregate visitor data in order to describe the use of the Services to our existing or potential business partners or other third parties, or in response to a government request. From time to time, we may use this information to optimize third-party offers of products and/or services. We also may share aggregated demographic and preference data with third parties to enable the provision of targeted information, promotions, offers and/or discounts on products and services. However, please be assured that this aggregate data will in no way personally identify you or any other users of the Services.

Cookies and Other Tracking Technologies

Like most websites and related digital properties, the Services also may collect information automatically and through the use of electronic tools that may be transparent to Users. For example, PoolTrac may automatically collect non-personally identifiable information and data through the use of “cookies”. Cookies are small text files a website uses to recognize repeat Users, facilitate the User’s ongoing access to the website and facilitate the use of the website. Cookies also allow a website to track usage behavior and compile site usage information that will allow for the improvement of content and target advertising. Most browsers allow you to control cookies, including whether or not to accept them and how to remove them. You may set your browsers to notify you if you receive a cookie, or you may choose to block cookies with your browser. However, please be aware that some features of our Services may not function or may be slower if you refuse cookies. You may occasionally get cookies from our advertisers or other third parties with links on the Services as described below. We do not control these cookies. The use of advertising cookies sent by third party ad servers is standard in the Internet industry.

Tracking technologies may record information such as Internet domain and host names; Internet protocol (IP) addresses; browser software and operating system types; clickstream patterns; and dates and times that our Services is accessed. An IP address is a number that is automatically assigned to your computer whenever you are surfing the web. Web servers, the computers that “serve up” webpages, automatically identify your computer by its IP address.

The Services may also use technology called “tracer tags”. These may also be referred to as “Clear GIFs” or “Web Beacons”. This technology allows us to understand which pages you visit on the Services. These tracer tags are used to help us optimize and tailor our Services for you and other Users of our Services.

We may link the information we record using tracking technologies to Personally Identifiable Information we collect at the Services for our own and our marketing partners’ marketing and advertising purposes. In addition, we reserve the right to use IP addresses and other tracking technologies to identify a visitor when we feel it is necessary to enforce compliance with our User Agreement, to protect our Services, our customers or others, or when we believe in good faith that the law requires it.

We also use third-party advertising companies to serve ads when you visit our Services. These companies may use information (not including your name, address, email address or telephone number) about your visits to this and other websites in order to provide advertisements about goods and services of interest to you.

DISCLOSURES AND TRANSFERS OF INFORMATION

We do not disclose Personally Identifiable Information to third parties, except when one or more of the following conditions is true:
1. You have authorized us to share such information;
2. The disclosure is to financial service providers in order to fulfill and carry out the purchase and provision of goods and services requested by you;
3. The disclosure is required by relevant law;
4. The disclosure is reasonably related to the sale or other disposition of all or part of our business or assets;
5. The Personally Identifiable Information to be disclosed is publicly available;
6. The party to whom the disclosure is made controls, is controlled by, or is under common control with PoolTrac;
7. The disclosure is reasonably necessary for the establishment or maintenance of legal claims;
8. The disclosure is in our sole discretion about users who we believe are engaged in illegal activities or are otherwise in violation of our policies, even without a subpoena, warrant or court order;
9. The disclosure is to outside businesses to perform certain services for us, such as maintaining our Services, mailing lists, processing orders and delivering products and services, sending postal mail, processing, providing marketing assistance, data analysis, etc.; or
10. The disclosure is to persons or entities for whom we are providing services, provided the disclosure is consistent with the purpose for which the Personally Identifiable Information was obtained.


Our Service Providers

We may sometimes use other businesses to perform certain services for us, such as hosting or maintaining our Services, storing your information, processing orders or subscriptions, or providing marketing assistance and data analysis. We may provide Personally Identifiable Information to service providers when that information is necessary for them to complete a requested transaction or otherwise perform their duties. PoolTrac will take reasonable steps to ensure that these service providers are notified of their obligations to reasonably protect Personally Identifiable Information on PoolTrac’s behalf.

Business Transfers

As we continue to develop our business, we may buy other businesses or their assets or sell some or all of our business assets. Personally Identifiable Information and other customer information is generally one of the business assets involved in such transactions. Thus, in the event that PoolTrac or all of its assets are acquired, such information may be one of the transferred assets.

Protection of PoolTrac and Others

PoolTrac fully cooperates with law enforcement agencies in identifying those who use our services for illegal activities, and may in its sole discretion disclose Personally Identifiable Information or other information to satisfy any law, regulation, subpoena, or government request or in connection with litigation. PoolTrac reserves the right to release Personally Identifiable Information or other information about Users who we believe are engaged in illegal activities or are otherwise in violation of our User Agreement, even without a subpoena, warrant or court order, if we believe in our sole discretion that such disclosure is necessary or appropriate to comply with any laws, to operate the Services, or to protect the rights or property of PoolTrac, its affiliates, or any of their officers, directors, or employees, agents, third party content providers, suppliers, sponsors, or licensors. PoolTrac also reserves the right to report to law enforcement agencies any activities we reasonably believe in our sole discretion to be unlawful.

DATA SECURITY AND INTEGRITY

We take reasonable precautions to protect the privacy, accuracy and reliability of any information you provide and to protect such information from loss, misuse, unauthorized access, disclosure, alteration and destruction. The Personally Identifiable Information you provide and we collect is stored within databases that are controlled by us or by our service providers. As we deem appropriate, we use security measures consistent with industry standards, such as firewalls and encryption technology, to protect your information. However, since no security system is impenetrable, we cannot guarantee the security of our databases, nor can we guarantee that information you supply will not be intercepted while being transmitted to us over the Internet. As a result, you transmit any information to or from the Services at your own risk.

If you create an account on the Services, you may be asked to choose a password for your account, in which case your online account information shall be protected by your password. You may not disclose your password to any other person. You are responsible for maintaining the confidentiality of your password and Services account and are fully responsible for all activities that occur under your password or Services account.

ACCESSING AND DELETING PERSONALLY IDENTIFIABLE INFORMATION; OPT-OUT

If you have submitted Personally Identifiable Information through the Services, you may be able to review, edit, and control how we use much of this information, by visiting the “My Accounts” webpage. Otherwise, you may be able to access or edit such information by contacting us at 1-855-854-6776. We may require proof of your identity before we edit or provide you with the requested information. We will use reasonable efforts to supply you with this information and to correct any factual inaccuracies that you identify. Please also contact our Sales Department at 1-855-854-6776 if you do not want us to disclose your Personally Identifiable Information to third parties or you want us to delete your Personally Identifiable Information from our databases. Keep in mind, however, that there may be residual information within our databases, access logs and other records, which may or may not contain such information. The residual information will not be used for commercial purposes; however, we reserve the right, from time to time, to re-contact former Users of the Services. We allow you to challenge the data that we hold about you and, where appropriate, you may have the data erased, rectified, amended, or completed.

AFFILIATED SITES, LINKED SITES AND ADVERTISEMENTS

PoolTrac expects its partners, advertisers and third-party affiliates to respect the privacy of our Users. However, third parties, including our partners, advertisers, affiliates and other content providers accessible through the Services, may have their own privacy and data collection policies and practices. For example, the Services you may link to, or view as part of a PoolTrac page, certain content that is actually created or hosted by a third party. Also, you may be introduced to, or be able to access, information, websites or advertisement features offered by other parties through the Services. PoolTrac is not responsible for the actions or policies of such third parties. You should check the applicable privacy policies of those third parties when providing information on a feature or page operated by a third party. While we support the protection of our customer's privacy on the Internet, PoolTrac expressly disclaims any and all liability for the actions of third parties, including but without limitation to actions relating to the use and/or disclosure of Personally Identifiable Information by third parties.

CHILDREN

We understand and share your concerns regarding your children’s access to Internet and the Internet’s access to your children. Consistent with the Children’s Online Privacy Protection Act of 1998 (COPPA), we do not knowingly request or accept Personally Identifiable Information submitted to the Services by any visitor under 13 years of age. If we become aware that an individual under age 13 has provided information to PoolTrac through the Services, we will make commercially reasonable efforts to delete such information from our databases.

APPLICABLE LAW

This Privacy Policy shall be governed by the laws of the State of Indiana, United States of America, without regard to conflicts of law principles. Any action relating to this Privacy Policy must be filed and maintained in a state or federal court located in the State of Indiana, United States of America, and each User consents to exclusive jurisdiction and venue in such courts for such purpose. PoolTrac makes no representation that this Privacy Policy and such practices comply with the laws of any country outside the United States.

How To Contact Us

All requests, questions or concerns about your Personal identifiably Information or this Privacy Policy, please contact us by mail or email at the following:

Attn: Privacy Concerns
E-mail: Compliance@PoolTrac.com
Toll Free Phone: 1-855-854-6776