• Revised date: November 18, 2024

Introduction

We, Pool Brain Inc., (“Pool Brain” or “we”) respect your privacy and are committed to protecting it through our compliance with this privacy policy (the “Privacy Policy”).

This Privacy Policy describes the types of information we may collect from you or that you may provide when you visit the our website at https://www.poolbrain.com/ and/or access and use any software applications made available by Pool Brain, including through mobile applications (collectively, the “Platform”) and our practices for collecting, using, maintaining, protecting, and disclosing that information.  For purposes of this Privacy Policy, “you” includes any Pool Brain customer, any customer personnel or any user authorized by customer to access and/or use the Platform.

This Privacy Policy applies to information we collect:

• On the Platform.
• In email, text, and other electronic messages between you and Pool Brain and/or the Platform.
• Through mobile and desktop applications you download from the Platform, which provide dedicated non-browser-based interaction between you and the Platform.
• When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this Privacy Policy.

It does not apply to information collected by:

• Us offline or through any other means, including on any other website operated by Pool Brain or any third party; or 
• Any third party, including through any application or content (including advertising) that may link to or be accessible from or through the Platform. 

Please read this Privacy Policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use the Platform.  By accessing or using the Platform, you agree to this Privacy Policy.  This Privacy Policy may change from time to time.  Your continued use of the Platform after we make changes is deemed to be acceptance of those changes, so please check the Privacy Policy periodically for updates. 

Children Under the Age of 18

The Platform is not intended for children under 18 years of age.  No one under age 18 may provide any information to or on the Platform.  We do not knowingly collect personal information (as defined below) from children under 18.  If you are under 18, do not use or provide any information on the Platform or through any of its features, register on the Platform, make any purchases through the Platform, use any of the interactive or public comment features of the Platform, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use.  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 at team@poolbrain.com. 

Information We Collect About You and How We Collect It

We collect several types of information from and about users of the Platform, including information:

• By which you may be personally identified, such as name, postal address, email address, telephone number, any other identifier by which you may be contacted online or offline (“Personal Information”);
• That is about you or the services that you provide but individually does not identify you; and/or
• About your internet connection, the equipment or device you use to access the Platform, and usage details.

We collect this information:

Directly from you when you provide it to us.

Automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies.

Information You Provide to Us  

The information we collect on or through the Platform may include:

• Information that you provide by filling in forms on the Platform or by using the functionalities of the Platform’s platform to perform your orders and service requests or to order services.  This includes information provided at the time of registering to use the Platform, subscribing to our service, posting material, or requesting further services. We may also ask you for information when you report a problem with the Platform.
• Records and copies of your correspondence (including email addresses), if you contact us.
• Details of transactions you carry out through the Platform, including service requests, and of the fulfillment of your orders. You may be required to provide financial information before placing an order through the Platform.
• Your search queries on the Platform.

You also may provide information to be published or displayed (hereinafter, “posted”) on public areas of the Platform, or transmitted to other users of the Platform or third parties (collectively, “User Content”). Your User Content is posted on and transmitted to others at your own risk.  Although we limit access to certain pages, please be aware that no security measures are perfect or impenetrable.  Additionally, we cannot control the actions of other users of the Platform with whom you may choose to share your User Content.  Therefore, we cannot and do not guarantee that your User Content will not be viewed by unauthorized persons.

Information We Collect Through Automatic Data Collection Technologies  

As you navigate through and interact with the Platform, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

• Details of your visits to the Platform, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Platform.
• Information about your computer and internet connection, including your IP address, operating system, and browser type.

The information we collect automatically may include Personal Information, or we may maintain it or associate it with Personal Information we collect in other ways or receive from third parties. It helps us to improve the Platform and to deliver a better and more personalized service, including by enabling us to:

• Estimate our audience size and usage patterns.
• Store information about your preferences, allowing us to customize the Platform according to your individual interests.
• Speed up your searches.
• Recognize you when you return to the Platform.

The technologies we use for this automatic data collection may include:

• Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer.  You may refuse to accept browser cookies by activating the appropriate setting on your browser.  However, if you select this setting you may be unable to access certain parts of the Platform.  Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to the Platform.  For information about managing your privacy and security settings for cookies.
• Web Beacons. Pages of the Platform and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit Pool Brain, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity). 

We do not collect Personal Information automatically, but we may tie non-Personal Information collected automatically to Personal Information about you that we collect from other sources or that you provide to us.

External Links

The Platform may contain links to other sites that are not operated by us.  If you click a third-party link, you will be directed to that third party’s site.  We strongly advise you to review the privacy policy of every site you visit.  We have no control over and assume no responsibility for the content, privacy policies or practices of any third-party sites or services.

Third-Party Use of Cookies

Some content or applications, including advertisements, on the Platform are served by third parties, including advertisers, ad networks and servers, content providers, and application providers.  These third parties may use cookies to collect information about you when you use the Platform.  The information they collect may be associated with your Personal Information or they may collect information, including Personal Information, about your online activities over time and across different websites and other online services.  They may use this information to provide you with interest-based (behavioral) advertising or other targeted content. 

We do not control these third parties’ tracking technologies or how they may be used.  If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

How We Use Your Information

We use information that we collect about you or that you provide to us, including any Personal Information:

• To present the Platform and its contents to you.
• To provide you with information, products, or services that you request from us.
• To fulfill any other purpose for which you provide it.
• To provide you with notices about your account, including expiration and renewal notices.
• To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
• To notify you about changes to the Platform or any products or services we offer or provide through it.
• To allow you to participate in interactive features on the Platform.
• To provide customer support.
• To detect, prevent and address technical issues.
• To develop and provide new features or improve the Platform using automated technology.
• In any other way we may describe when you provide the information.
• For any other purpose with your consent.

We may also use your information to contact you about goods and services that may be of interest to you.  By providing the information, unless you have opted out when you provide the information or by “unsubscribing” as provided in the email, you consent to receive marketing and promotional emails from us.

We may use the information we have collected from you to enable us to display advertisements to our advertisers’ target audiences.  Even though we do not disclose your Personal Information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.

Disclosure of Your Information

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction. 

We may disclose Personal Information that we collect or you provide as described in this Privacy Policy:

• To our subsidiaries and affiliates.
• To contractors, service providers, and other third parties we use to support our business.
• To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Pool Brain’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by Pool Brain about the Platform users is among the assets transferred.
• To fulfill the purpose for which you provide it. 
• For any other purpose disclosed by us when you provide the information.
• With your consent.

We may also disclose your Personal Information:

• To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
• To enforce or apply our Terms of Service and other agreements, including for billing and collection purposes.
• If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Pool Brain, our customers, or others. 

Choices About How We Use and Disclose Your Information

We strive to provide you with choices regarding the Personal Information you provide to us.  We have created mechanisms to provide you with the following control over your information: 

• Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent.  If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.
• Promotional Offers from Pool Brain. If you do not wish to have your contact information used by Pool Brain to promote our own or third parties’ products or services, you can opt-out at the time you provide your information, “unsubscribe” through the link included in our emails or send us an email stating your request to team@poolbrain.com.  If we have sent you a promotional email, you may also send us a return email asking to be omitted from future email distributions. 

We do not control third parties’ collection or use of your information to serve interest-based advertising.  However, these third parties may provide you with ways to choose not to have your information collected or used in this way.  You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI’s website.

Residents of certain states may have additional Personal Information rights and choices. 

Accessing and Correcting Your Information

You can review and change your Personal Information by logging into the Platform and visiting your account profile page.

You may also send us an email at team@poolbrain.com to request access to, correct, or delete any Personal Information that you have provided to us.  We cannot delete your Personal Information except by also deleting your user account.  We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

If you delete your User Content from the Platform, copies of your User Content may remain viewable in cached and archived pages, or might have been copied or stored by other Website users.  Proper access and use of information provided on the Platform, including User Content, is governed by our Terms of Service.

Residents of certain states may have additional Personal Information rights and choices. 

Your State Privacy Rights

State consumer privacy laws may provide their residents with additional rights regarding our use of their Personal Information. 

California, Colorado, Connecticut, Delaware, Florida, Indiana, Iowa, Montana, Oregon, Tennessee, Texas, Utah, and Virginia provide (now or in the future) their state residents with rights to:

• Confirm whether we process their Personal Information.
• Access and delete certain Personal Information.
• Correct inaccuracies in their Personal Information, taking into account the information’s nature processing purpose (excluding Iowa and Utah).
• Data portability.
• Opt-out of personal data processing for:
  • targeted advertising (excluding Iowa);
  • sales; or 
  • profiling in furtherance of decisions that produce legal or similarly significant effects (excluding Iowa and Utah).
• Either limit (opt-out of) or require consent to process sensitive personal data. 

The exact scope of these rights may vary by state. To exercise any of these rights please email us at team@poolbrain.com.

Notice to California Residents

We comply with the California Consumer Privacy Act (“CCPA”).  If you are a resident of California, you have following additional rights available to you, including: 

• The right to access your Personal Information;
• The right to obtain your Personal Information in a portable format;
• The right to have your Personal Information deleted from our databases; and
• The right to refuse us the right to sell your Personal Information;

If you would like to make any requests under the CCPA, please email us at team@poolbrain.com.

California law permits users of the Platform who are California residents to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes.  To make such a request, please write to us at: team@poolbrain.com

We will provide a list of the categories of Personal Information, if any, disclosed to third parties during the immediately preceding calendar year for third-party direct marketing purposes, along with the names and addresses of these third parties.  This request may be made no more than once per calendar year.  We reserve our right not to respond to requests submitted other than to the email or postal address specified above.  Please include “California Privacy Rights” in the subject line and in your request.  You must provide us with specific information regarding yourself so that we can accurately respond to the request. 

The Platform collects information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device. 

We do not resell Personal Information that we collect from any consumer.

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

• Deny you goods or services.
• Charge you different prices or rates for goods or services.
• Provide you a different level or quality of goods or services.
• Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

California’s privacy law requires that we notify you if we provide you a program, benefit, or other offering, related to the collection, deletion, or sale of Personal Information, which it defines as a “financial incentive”.  We may offer you certain financial incentives that may result in different prices, rates, or quality levels (for example, contests and referral programs).  Through these offerings, consumers provide us with some Personal Information (e.g., names, emails, phone numbers) when they opt-in to our programs.  There is no obligation to opt-in and consumers may opt-out at any time.  The details of each program are contained in the program offering.  We offer these programs, among other things, to enhance our relationship with you so you can enjoy more of our products/services at a lower price.  We invest heavily in our marketing and brands, in part, so we can provide programs to our customers.  Consumer data is valuable to our business only when it is combined with a sufficient number of other consumer data and after it is enhanced by our efforts herein described.  The value to our business of any individual consumer’s Personal Information is dependent on a number of factors, including, for example, whether and to what extent you take advantage of any offerings, whether and to what extent you opt out of any offerings, and whether we are able to enhance the data through our efforts herein described.  Our ability to create any value from the programs is heavily based on our ability to leverage said intellectual properties.  We do not calculate the value of consumer data in our accounting statements.

You have the right to request that we disclose certain information to you about our collection and use of your Personal Information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you: (A) the categories of Personal Information we collected about you; (B) the categories of sources for the Personal Information we collected about you; (C) our business or commercial purpose for collecting or selling that Personal Information; (D) the categories of third parties with whom we share that Personal Information; (E) the specific pieces of Personal Information we collected about you (also called a data portability request).  If we sold or disclosed your Personal Information for a business purpose, we will provide you with two separate lists disclosing such sales or disclosures, identifying the Personal Information categories that each category of recipient purchased or otherwise obtained.  

You have the right to request that we delete any of your own Personal Information that we collected from you and retained, subject to certain exceptions.  Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your Personal Information from our records, unless an exception applies.

An exception to your request may apply if retaining the information is necessary for us or our service provider(s) to:

• Complete the transaction for which we collected the Personal Information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
• Debug products to identify and repair errors that impair existing intended uses of information.
• Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
• Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 etc.).
• Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
• Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
• Comply with a legal obligation.
• Make other internal and lawful uses of that information that are compatible with the context in which you provided such information.

Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your Personal Information.  You may also make a verifiable consumer request on behalf of your minor child.  You may only make a verifiable consumer request for access or data portability twice within a 12-month period.  The verifiable consumer request must: (A) provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Information or an authorized representative; and (B) describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.  We cannot respond to your request or provide you with Personal Information if we cannot verify your identity or authority to make the request and confirm the Personal Information relates to you.  Making a verifiable consumer request does not require you to create an account with us.  We will only use Personal Information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt.  If we require more time (up to ninety (90) days), we will inform you of the reason and extension period in writing.  If you have an account with us, we will deliver our written response to that account.  If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.  Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt.  The response we provide will also explain the reasons we cannot comply with a request, if applicable.  For data portability requests, we will select a format to provide your Personal Information that is readily usable and should allow you to transmit the information from one entity to another entity without hindrance.  We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded.  If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Data Security

We have implemented measures designed to secure your Personal Information from accidental loss and from unauthorized access, use, alteration, and disclosure.  All information you provide to us is stored on our secure servers behind firewalls.  

The safety and security of your information also depends on you.  Where we have given you (or where you have chosen) a password or an API key for access to certain parts of the Platform, you are responsible for keeping this password and/or API key confidential.  We ask you not to share your password with anyone. You are solely responsible for any access to your account or the Platform through your password or you API key.

Unfortunately, the transmission of information via the internet is not completely secure.  Although we do our best to protect your Personal Information, we cannot guarantee the security of your Personal Information transmitted to the Platform.  Any transmission of Personal Information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Platform. 

Payments 

We may provide paid products and/or services.  In that case, we use third-party services for payment processing (e.g., payment processors).

We will not collect or retain your payment card details. That information is provided directly to our third-party payment processors whose use of your Personal Information is governed by their privacy policy.  These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover.  PCI-DSS requirements help ensure the secure handling of payment information. 

Governing Law and Enforcement of Privacy Policy

Use of the Platform is governed by United States law and the laws of the State of Arizona.  If you are accessing the Platform from a physical location outside of the United States with laws or regulations governing personal data collection, use, and disclosure that are different from United States laws, you agree that by accessing the Platform, you are transferring your Personal Information to the United States and you consent to the application of the laws of the United States and the State of Arizona with respect to use of the Platform and any dispute regarding the Platform or this Privacy Policy.  You further consent to the exclusive jurisdiction of the state and federal courts located in the State of Arizona.  If any provision of this Privacy Policy is held by a court of competent jurisdiction to be illegal, unenforceable, or in conflict with any applicable law, the validity of the remaining portions or provisions shall remain in full force and effect.

Changes to Our Privacy Policy

It is our Privacy Policy to post any changes we make to our Privacy Policy on this page.  If we make material changes to how we treat our users’ Personal Information, we will notify you through a notice on the Platform.  The date the Privacy Policy was last revised is identified at the top of the page.  You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting the Platform and this Privacy Policy to check for any changes.

Contact Information

To ask questions or comment about this Privacy Policy and our privacy practices, contact us at: 

team@poolbrain.com