JACUZZI BATH REMODEL PRIVACY POLICY

EFFECTIVE DATE: June 1, 2023

SCOPE

This Privacy Policy applies to personal information processed by Jacuzzi Bath Remodel of New Mexico, Jacuzzi Bath Remodel of El Paso, Texas, and Jacuzzi Bath Remodel of Las Vegas, Nevada (collectively “we,” “us,” and “our”) through our Site, mobile applications, and related offerings. This Privacy Policy is designed to help you understand how we collect, use, and share your personal information and to help you understand and exercise your privacy rights. To make this Privacy Policy easier to read, our Site and related offerings are collectively called the “Services.”

Capitalized terms not defined herein will have the meaning set forth in our Terms of Service.

SCOPE

PERSONAL INFORMATION WE COLLECT

INFORMATION YOU PROVIDE TO US

INFORMATION COLLECTED AUTOMATICALLY

INFORMATION FROM OTHER SOURCES

HOW WE USE YOUR INFORMATION

USE OF ARTIFICIAL INTELLIGENCE IN COMMUNICATIONS

DISCLOSING YOUR INFORMATION TO THIRD PARTIES

SUPERVISORY AUTHORITY

YOUR CHOICES

SECURITY OF YOUR INFORMATION

THIRD-PARTY SERVICES

CHILDREN’S INFORMATION

YOUR PRIVACY RIGHTS

DATA RETENTION

CHANGES TO OUR PRIVACY POLICY

CONTACT US

SUPPLEMENTAL U.S. STATE PRIVACY NOTICE

PERSONAL INFORMATION WE COLLECT

The categories of personal information we collect depend on how you interact with our Services. For residents of New Mexico, Texas, and Nevada, more information is available in our supplemental state disclosure below.

INFORMATION YOU PROVIDE TO US

Account Details.  We may collect information when you create an account, such as your name, email address, phone number, and address.

Orders.  If you place an order with us, we will record the personal information and details associated with the transaction. For example, we will collect information about the products you purchase, your billing and shipping address, phone number, and payment information. Please note that we use a third-party service provider to collect and process payment card information on the Services. We do not directly collect or store any payment card information provided to the Services, but we may receive information associated with your payment card information (e.g., your billing details).

Your Communications with Us.  We collect personal information from you such as your email address, phone number, or mailing address when you request information about our products and services, register a warranty, sign up for marketing from us, register for our newsletter, request customer or technical support, or otherwise communicate with us.

Surveys.  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.

Interactive Features.  We may offer interactive features such as customer service chat tools, forums, blogs and social media pages. We and others who use our Services may collect the information you submit or make available through these interactive features. Where permitted by law, any content you provide on the public sections of these features will be considered “public” and is not subject to the privacy protections referenced herein.

Conferences, Trade Shows, and Other Events.  We may attend conferences, trade shows, and other events where we collect personal information from individuals who interact with or express an interest in us. If you provide us with any information at one of these events, we will use it for the purposes for which it was collected.

Sweepstakes or Contests.  We may collect personal information you provide for any sweepstakes or contests that we offer. In some jurisdictions, we are required to publicly share information of sweepstakes and contest winners.

Job Applications.  We may post job openings and opportunities on our Services. If you respond to one of these postings, we may collect your personal information, such as your application, CV, cover letter, and/or any other information you provide to us.

INFORMATION COLLECTED AUTOMATICALLY

Automatic Data Collection.  We may collect certain information automatically when you use the Services. This information may include your Internet protocol (IP) address, user settings, MAC address, cookie identifiers, mobile advertising and other unique identifiers, details about your browser, operating system or device, location information (including, the location of your tub if it’s connected to a mobile application, or, with your consent where required by law, precise location to help you find the closest dealer to your location, and inferred location based on your IP address), Internet service provider, mobile carrier, pages that you visit before, during and after using the Services, information about the links you click, information about how you interact with the Services, including the frequency and duration of your activities, items or keywords you search for, details about your search criteria, the products that you browse, and other information about how you use the Services.

Cookie Policy and Other Tracking 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 device 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 device 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 engagement on the Services. The use of a pixel tag allows us to record, for example, that a user has visited a particular web page or clicked on a particular advertisement. We may also include web beacons in e-mails to understand whether messages have been opened, acted on, or forwarded.

Analytics.  We may use Technologies and other third-party tools to process analytics information on our Services, such as Google Analytics and Adobe Analytics.

How We Use 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 Services. Our uses of these Technologies fall into the following general categories:

• Operationally Necessary.  This includes Technologies that allow you access to our Services, applications, 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 functionality.
• Performance Related.  We may use Technologies to assess the performance of our Services, including as part of our analytic practices to help us understand how our visitors use the Services.
• Functionality Related.  We may use Technologies that allow us to offer you enhanced functionality when accessing or using our Services. This may include identifying you when you sign into our 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, including cross-device tracking, to deliver content, including ads relevant to your interests, on our Services or on third-party sites.
• Hotjar (Session Replay Analytics).  We use Hotjar’s session replay analytics services. This allows us to record and replay an individual’s interaction with the Services. For more information about how Hotjar uses your personal information, please visit the “Personal Data collected from a visitor of a Hotjar Enabled Site” section of Hotjar’s Privacy Policy.

INFORMATION FROM OTHER SOURCES

Third-Party Organizations.  We may obtain information about you from other sources, including from third-party services and organizations where permitted by law.

Jacuzzi Dealers and Affiliates.  Jacuzzi authorized dealers and entities may share some personal information with us in connection with your purchases where permitted by law. For example, we may receive information about your purchase of a product that is eligible for warranty registration.

Referrals and Sharing Features.  Our Services may offer various tools and functionalities. Please only share with us contact information of people with whom you have a relationship (e.g., relative, friend, neighbor, or co-worker).

HOW WE USE YOUR INFORMATION

We use your personal information for a variety of business purposes, including:

To Provide the Services, Products, or Information Requested, such as:

• Fulfilling our contract with you and any orders for products you place
• Managing your information and account
• Processing your payment card and/or other financial information for products and services purchased
• Sending you updates about your order via text message and other channels
• Responding to questions, comments, and other requests
• Allowing you to register for events
• Providing access to certain areas, functionalities, and features of our Services
• Answering requests for customer or technical support

Administrative Purposes, such as:

• Pursuing legitimate interests, such as direct marketing, research and development (including marketing research), network and information security, and fraud prevention
• Measuring interest and engagement in our Services and products
• Improving the Services and products
• Developing new products and services
• Short term, transient use, such as contextual customization of ads
• Ensuring internal quality control and safety
• Authenticating and verifying individual identities
• Debugging to identify and repair errors with our Services
• Carrying out audits
• Communicating with you about your account, products, activities on our Services, and Privacy Policy changes
• Detecting security incidents
• Preventing against malicious, deceptive, fraudulent or illegal activity, and prosecuting those responsible for that activity
• Enforcing our agreements
• Complying with our legal obligations

We may use your information for other legitimate business purposes as permitted by law.

Marketing Our Products and Services.  We may use personal information to tailor and provide you with content and advertisements. We may provide you with these materials as permitted by applicable law including, but not limited to, by email, telephone and text message (including via automatic telephone dialing system), direct mail, and custom audiences advertising. Consent for calls and texts is not required as a condition to purchase products or services. Message and data rates may apply.

Some of the ways we market to you include email campaigns, text messages, custom audiences advertising, and “interest-based” or “personalized advertising,” including through cross-device tracking.

If you have any questions about our marketing practices or if you would like to opt out of the use of your personal information for marketing purposes, you may contact us at any time as set forth below.

Consent.  We may use personal information for other purposes that are clearly disclosed to you at the time you provide personal information or with your consent.

Use De-identified and Aggregated Information.  We may use personal information and other data about you to create de-identified and/or aggregated information. De-identified and/or aggregated information is not personal information, and we may use and disclose such information in a number of ways, including research, internal analysis, analytics, and any other legally permissible purposes.

USE OF ARTIFICIAL INTELLIGENCE IN COMMUNICATIONS

Jacuzzi Bath Remodel of New Mexico, Jacuzzi Bath Remodel of El Paso, Texas, and Jacuzzi Bath Remodel of Las Vegas, Nevada uses artificial intelligence (“AI”) technologies to support and enhance how we communicate with you. This section explains how AI is used across our communication channels and what that means for your personal information.

AI-Assisted Email Communications

We may use AI tools to draft, personalize, and send email communications to you, including marketing messages, appointment reminders, follow-up communications, and customer service responses. AI may be used to tailor message content based on your interests, prior interactions, or inquiry history. All AI-assisted email communications are subject to the same opt-out rights described in the “Your Choices” section of this Privacy Policy.

AI-Assisted Voice Calls

We may use AI-powered voice technologies, including automated voice systems and AI-assisted call routing or scripting, to communicate with you by phone. This may include outbound calls for appointment scheduling, follow-up, and customer service, as well as inbound call assistance. Where required by applicable law, you will be informed when you are interacting with an AI-assisted system during a call. You may request to speak with a live representative at any time.

AI-Assisted Text Messaging

We may use AI tools to generate, personalize, and send text (SMS) messages to you, including appointment confirmations, promotional offers, project updates, and customer service communications. Message and data rates may apply. You may opt out of text messages at any time by replying “STOP” to any message you receive from us.

AI-Assisted Chat and Other Digital Communications

Our Services may include AI-powered chat tools, virtual assistants, or automated messaging features designed to respond to your inquiries, help schedule consultations, or provide product information. These tools may collect and process the content of your communications to generate responses. You may request to be connected with a live team member at any time.

Information Collected Through AI Communications

When you interact with our AI-assisted communication channels, we may collect information including the content of your messages or responses, call recordings or transcripts (where permitted by law and disclosed to you), your communication preferences, and behavioral signals used to improve future communications. This information may be used to improve the quality of our AI tools, personalize future outreach, and enhance your overall experience with us.

Recordings and Transcripts

Calls, voicemails, and other voice interactions with our AI systems may be recorded and transcribed for quality assurance, training, and compliance purposes. Where required by applicable law, you will be notified before any recording takes place. Recorded and transcribed communications are handled in accordance with this Privacy Policy and applicable state and federal law, including the laws of New Mexico, Texas, and Nevada.

Your Rights Regarding AI Communications

You have the right to:

• Opt out of AI-assisted email, text, and voice communications at any time by contacting us as set forth in the “Contact Us” section below
• Request to speak or correspond with a live team member rather than an AI system
• Request information about how your personal data is used in connection with our AI communication tools
• Withdraw consent to the use of your personal information for AI-driven personalization, subject to applicable law

To exercise any of these rights, please contact us using the information provided in the “Contact Us” section of this Privacy Policy.

DISCLOSING YOUR INFORMATION TO THIRD PARTIES

Business Partners.  We may share your personal information with business partners to provide you with a product or service you have requested. We may also share your personal information with business partners with whom we jointly offer products or services.

Service Providers.  We may share any personal information we collect about you with our third-party service providers. The categories of service providers to whom we entrust personal information include service providers for: (i) the provision of the Services; (ii) the provision of information, products, and other services you have requested; (iii) marketing and advertising; (iv) payment and transaction processing; (v) customer service activities; and (vi) the provision of IT and related services.

Jacuzzi Dealers and Affiliates.  We work with a network of trusted Jacuzzi authorized resellers. We share your personal information with a Jacuzzi authorized dealer near you to facilitate product sales, shipment, delivery, or installation as well as to provide maintenance and other services related to your product. Where you consent and/or where permitted by law, we also share your personal information with other companies within the Jacuzzi family for marketing and sales purposes.

Third-Party Financing Providers.  Some of our products may be eligible for financing offered by third-party financing providers. If you interact with a third-party financing provider, they will collect the personal information that you provide to them. We are not responsible for the third-party financing provider’s processing of your personal information.

Advertising Partners.  Through our Services, we may allow third party advertising partners to set Technologies and other tracking tools to collect information regarding your activities and your device. These advertising partners may use this information for purposes of delivering targeted advertisements to you when you visit third party services within their networks.

APIs/SDKs.  We may use third-party Application Program Interfaces (“APIs”) and software development kits (“SDKs”) as part of the functionality of our Services.

Disclosures to Protect Us or Others.  We may access, preserve, and disclose any information we store in association with you to external parties if we, in good faith, believe doing so is required or appropriate to comply with applicable law or legal processes, protect rights or safety, enforce our policies, or assist with investigations.

Disclosure in the Event of Merger, Sale, or Other Asset Transfer.  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.

We may share your information with third parties as appropriate and permitted by law. The privacy choices you may have about your personal information are determined by applicable law and are described below.

SUPERVISORY AUTHORITY

Depending on where you are located, you may have the right to lodge a complaint with a supervisory authority if you believe our processing of your personal information violates applicable law.

YOUR CHOICES

General.  You may be able to opt out of certain uses of your personal information.

Email Communications.  If you receive an unwanted email from us, you can use the unsubscribe link found at the bottom of the email to opt out of receiving future emails. Note that you will continue to receive transaction-related emails regarding products or Services you have requested.

Text Messages.  You may opt out of receiving text messages by replying “STOP” to a text message you have received from us or by otherwise contacting us.

Phone Calls.  If you receive an unwanted phone call from us, you may opt out of receiving future phone calls from us by following the instructions which may be available on the call or by otherwise contacting us as set forth in the “Contact Us” section below.

Mobile Devices.  We may send you push notifications through our mobile application. You may opt out from receiving these push notifications by changing the settings on your mobile device. With your consent, we may also collect precise location-based information via our mobile application. You may opt out of this collection by changing the settings on your mobile device.

Cookies and Interest-Based Advertising.  You may stop or restrict the placement of Technologies on your device or remove them by adjusting your preferences as your browser or device permits. However, if you adjust your preferences, our Services may not work properly.

The online advertising industry also provides websites from which you may opt out of receiving targeted ads from data partners and other advertising partners that participate in self-regulatory programs. You can access these and learn more about targeted advertising and consumer choice and privacy by visiting the Network Advertising Initiative, the Digital Advertising Alliance, and the Digital Advertising Alliance of Canada.

Please note you must separately opt out in each browser and on each device.

“Do Not Track.”  Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. Please note that we do not respond to or honor DNT signals or similar mechanisms transmitted by web browsers.

SECURITY OF YOUR INFORMATION

We take steps to ensure that your information is treated securely and in accordance with this Privacy Policy. 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 unauthorized disclosure.

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.

THIRD-PARTY SERVICES

The Services may contain links to third-party services and other third-party services may reference or link to our Services. These third-party services are not controlled by us. We encourage our users to read the privacy policies of each third-party service with which they interact. We do not endorse, screen or approve, and are not responsible for, the privacy or security practices of such third-party services. Using or providing personal information to these third-party services is at your own risk.

CHILDREN’S INFORMATION

The Services 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 we learn that we have collected a child’s personal information in violation of applicable law, we will promptly take steps to delete such information.

YOUR PRIVACY RIGHTS

In accordance with applicable law, you may have the right to: (i) request confirmation of whether we are processing your personal information; (ii) obtain access to or a copy of your personal information; (iii) receive an electronic copy of personal information that you have provided to us, or ask us to send that information to another company (the “right of data portability”); (iv) object to or restrict certain uses of your sensitive personal information; (v) opt out of the processing of your personal information for purposes of targeted advertising, profiling, or sale of your personal information; (vi) seek correction or amendment of inaccurate, untrue, incomplete, or improperly processed personal information; (vii) withdraw your consent; and (viii) request erasure of personal information held about you by us, subject to certain exceptions prescribed by law. If you would like to exercise any of these rights, please 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.

DATA RETENTION

We store the personal information we receive as described in this Privacy Policy for as long as you use our Services or as necessary to fulfill the purpose(s) for which it was collected, provide our Services, resolve disputes, establish legal defenses, pursue legitimate business purposes, enforce our agreements, and comply with applicable laws.

CHANGES TO OUR PRIVACY POLICY

We may revise this Privacy Policy from time to time in our sole discretion. If there are any material changes to this Privacy Policy, we will notify you as required by applicable law. You understand and agree that you will be deemed to have accepted the updated Privacy Policy if you continue to use the Services after the new Privacy Policy takes effect. This Privacy Policy was last updated per the effective date.

CONTACT US

If you have any questions about our privacy practices or this Privacy Policy, or if you wish to submit a request to exercise your rights as detailed in this Privacy Policy, please contact us at:

Jacuzzi Bath Remodel of New Mexico

1460 N. Renaissance Blvd NE

Albuquerque, NM 87107

Phone: (505) 630-0998

Jacuzzi Bath Remodel of El Paso, Texas

210 Montoya Road, Suite 1-3

El Paso, TX 79932

Phone: (915) 235-2773

Jacuzzi Bath Remodel of Las Vegas, Nevada

3363 West Oquendo Road

Las Vegas, NV 89118

Phone: (725) 240-0210

Email: [UPDATE WITH SHARED PRIVACY EMAIL ADDRESS]

SUPPLEMENTAL U.S. STATE PRIVACY NOTICE

Scope.  This Supplemental State Privacy Notice applies to our processing of personal information under applicable privacy laws in the states where we operate: New Mexico, Texas, and Nevada.

The following table describes the categories of personal information we have collected and whether we disclosed that personal information for a business purpose (e.g., to a service provider) in the preceding 12 months.

Category: Identifiers

Disclosed to: Service providers; Jacuzzi dealers and affiliates; Third-party financing providers (as applicable); Advertising partners

Category: Personal information categories

Disclosed to: Service providers; Jacuzzi dealers and affiliates; Third-party financing providers (as applicable)

Category: Commercial information

Disclosed to: Service providers; Jacuzzi dealers and affiliates; Third-party financing providers (as applicable); Advertising partners

Category: Internet or other electronic network activity

Disclosed to: Service providers; Jacuzzi dealers and affiliates; Third-party financing providers (as applicable); Advertising partners

Category: Professional or employment-related information

Disclosed to: Service providers; Jacuzzi dealers and affiliates; Third-party financing providers (as applicable)

Category: Inferences drawn from other personal information to create a profile about a consumer

Disclosed to: Service providers; Jacuzzi dealers and affiliates; Advertising partners

Additional Privacy Rights.  The categories of sources from which we collect personal information and our business and commercial purposes for using personal information are set forth above. We do not process sensitive personal information to infer characteristics about individuals except as permitted by applicable state law.

“Sales” of Personal Information and Right to Opt-Out.  For purposes of applicable state law, we do not “sell” personal information, nor do we have actual knowledge of any “sale” of personal information of minors under 16 years of age. That said, we may share information with third-party advertising partners for the purpose of promoting our Services, such as for cross-context behavioral advertising.

We may share the following categories of data with advertising partners for this purpose:

• Identifiers
• Commercial Information
• Internet or Other Electronic Network Activity
• Inferences drawn from other personal information to create a profile about a consumer

To the extent that such sharing is considered a “sale,” “sharing,” or “targeted advertising” under applicable state law, you may limit such sharing by following the instructions in the “Your Choices” section above, or by contacting us as set forth in the “Contact Us” section above.

Modifying Your Cookie Preferences.  When you first visit our website, you will be presented with a banner which offers you a choice about whether to accept or reject our use of cookies and similar tracking technologies. Please note that your request to opt-out of sale/sharing will be linked to your browser identifier only. If you use a different computer or Internet browser to access our sites, you will need to renew your cookie management choices.

Global Privacy Control.  You may exercise your opt-out right by broadcasting an opt-out preference signal, such as the Global Privacy Control (GPC). Please note that your request to opt-out of sale/sharing will be linked to your browser identifier only.

Supplemental Notice for Nevada.  If you are a resident of Nevada, you have the right to opt-out of the sale of certain personal information to third parties who intend to license or sell that personal information. You can exercise this right by contacting us with the subject line “Nevada Do Not Sell Request” and providing us with your name and the email address associated with your account. Please note that we do not currently sell your personal information as sales are defined in Nevada Revised Statutes Chapter 603A.

Supplemental Notice for Texas.  If you are a resident of Texas, you have rights under the Texas Data Privacy and Security Act (TDPSA), including the right to access, correct, delete, and obtain a copy of your personal data, as well as the right to opt out of the processing of your personal data for purposes of targeted advertising or profiling. To exercise any of these rights, please contact us as set forth in the “Contact Us” section above.

Non-Discrimination.  Residents of certain states have the right not to receive discriminatory treatment by us for the exercise of their rights conferred by applicable law.

Authorized Agent.  Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. To designate an authorized agent, provide written authorization signed by you and your designated agent and please contact us as set forth above.

Verification.  When you make a request, we will ask you to provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative, which may include confirming the email address associated with any personal information we have about you.

Refer-a-Friend and Similar Incentive Programs.  We may offer referral programs or other incentivized data collection programs. These programs are entirely voluntary and allow us to grow our business and provide additional benefits to you.

If you would like to exercise any of your rights, please contact us as set forth above. We will process such requests in accordance with applicable laws.

© 2023 Jacuzzi Bath Remodel of New Mexico, Jacuzzi Bath Remodel of El Paso, Texas, and Jacuzzi Bath Remodel of Las Vegas, Nevada. All Rights Reserved.