Privacy Policy

We're Committed To Guarding Your Confidential Information

Privacy Policy

(Last Updated on February 11, 2017)

Statement

Balboa Water Group, LLC, a Delaware, USA limited liability company (“BWG” or “we”), wants you to know that your privacy is important to us. Please read the following Privacy Policy carefully. By using or accessing our Services or our web sites (including www.balboawatergroup.com, www.balboawater.com, www.balboadirect.com and www.controlmyspa.com) in any manner, you acknowledge that you accept the practices and policies as outlined in this Privacy Policy, and you hereby consent that we will collect, use, store, and share your information in the certain ways as described below. Your use of our web sites and Services is at all times subject to BWG’s Terms of Use, which incorporates this Privacy Policy. Any capitalized words or terms we use in this Privacy Policy without defining them have the meanings given to them in the Terms of Use.

Personal Information

This Privacy Policy addresses our collection, treatment, storage and use of personally identifiable information (“Personal Information”) that we gather when you access or use our web sites or Services, but not of companies we don’t own or control, or people that we don't manage. We gather various types of Personal Information from our users, and we use Personal Information in connection with our Services, including as examples to allow you to set up a user account and profile, provide basic functionality of our Services, personalize and improve our Services, allow you to post ratings and reviews of various products and services, contact you and/or allow other users to contact you, fulfill your requests for Services or products, and to analyze how you use the Services, including how you use linked products such as spas. In limited circumstances described in this Privacy Policy, we may also share some Personal Information with third parties.

If you are under 13, do not attempt to register for the Services or send any personal information to us. If we learn that we have collected personal information from a child under age 13, we will delete your personal information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us here.

Information Provided by You

If you provide BWG with any information, we receive and store such information, including information provided during the registration process (your name, phone number, addresses, credit card information, location name, location including geo-fence, group and device names, device location names, device or group images, application names, application configuration details, and third-party account credentials (for example, your log-in credentials for third party sites). If you provide your third-party account credentials to us, some content and information in those accounts (“Third Party Accounts”) may be transmitted into your BWG account if you authorize such transmissions, and that Third Party Account information transmitted to our Services is covered by this Privacy Policy (such as profile information, images, friends, avatars and other authorized information).

BWG may use contact information provided by you to communicate with you, including that we may send you updates regarding Services, new products, informational updates, customer surveys or promotional offers (either on our own behalf, or on behalf of other businesses), or otherwise communicate with you about your use of the Services. We may receive a confirmation when you open a message from us. This confirmation is intended to assist us in making our communications with you and improve our Services. If you do not want to receive communications from us, we will provide a simple method for you to unsubscribe, but you may not be able to opt out of certain service-level communications that we consider critical to your use of the Services.

Information Automatically Obtained (Including “Cookies”)

Interaction with our Services (whether via a mobile application, third party service, SmartApp, browser, or other application, connecting a physical device to our services, connecting a third party service to our services, or otherwise), results in our automatically receiving and recording information on our servers, logs and databases from your browser, application, services or device. In particular, our Service is designed to allow you to connect physical devices (such as spa controls) to the Services. While connected to the Services, these devices report information to our servers (including information that you may have provided when setting up or configuring that device), which may include Personal Information. For example, if you connect a temperature sensor to the Services, the temperature information from that sensor will be transmitted to the Services, along with any identifying information that you have chosen to associate with that sensor (such as the device name and location name that you have assigned to the sensor within the Services). The type of information that is collected from each device will vary depending on the type of device. Information collected automatically through the foregoing means may also include your IP address, location details, “cookie” information, mobile device, operating system, the type of browser, demographic information, application and/or device(s) you're using to access our Services, click-through paths, the identity of the page or feature you are requesting or interacting with, time on page of feature, and other indicators of how you are interacting with the Services.

Like many web sites, we analyze log file information and other data collected through cookies, web beacons, and other tracking technology, to collect information about your browsing behavior when you visit the site, including for example, your browser type, domains, page views, IP address, referring/exit pages, information about how you interact with our web site’s webpages and with third-party links, traffic and usage trends on the service, etc. “Cookies” are identifiers we transfer to your device that allow us to recognize your browser, application or device and tell us how and when various pages and features in our Services are visited or used and by how many people. We use session cookies to keep you logged in while you use features of our web site; these disappear after you close your browser. We also use persistent cookies, which stay in your browser and allow us to recognize you when you return to the web site. We use this to remember your information so you will not have to re-enter it, to better understand how you use our website and products and services, to diagnose and fix technology problems, and otherwise enhance our web site, products, and services. We also use third-party analytics tools (including Google Analytics) to assist us with analyzing and improving our service. 

In addition, our third party partners, including advertising partners, may also use web beacons, or transmit cookies to and read cookies from your browser, application or device when you visit or use our Services. If you click on a link to a third party website or service, such third party may also transmit cookies to you. This Privacy Policy does not cover the use of cookies by any third parties.

Most Internet browsers automatically accept cookies, but you may be able to change the settings of your browser to stop accepting cookies or to prompt you before accepting a cookie from the web sites you visit. If you set your browser to reject cookies, parts of our web site may not work for you. Please note, depending on your type of device or browser, it may not be possible to delete or disable all tracking mechanisms on your device.

Commitment to Data Security

BWG has certain security measures in place designed to protect against the loss, misuse, unauthorized access and/or alteration of information, including your Personal Information under our control. While we attempt to protect the privacy of your Personal Information and other information in our control, we cannot guaranty complete security. There are many factors that may compromise the security of such information at any time, including without limitation, actions by third-party hackers or other actions resulting in unauthorized entry or use, system failures and other factors. You can increase the likelihood of preventing unauthorized access to your account and Personal Information by appropriately selecting and protecting your password, PIN number and/or other sign-on mechanism and strictly limiting access to your computer or device and browser or application, including by signing off promptly after you are done accessing your account.

Use and Sharing of Collected Information

BWG may use or share your Personal Information as follows:

User Content and Profiles. Certain user profile information, including without limitation a user’s name, location, and any content (such as type of spa owned) that such user has uploaded to the Services, may be displayed to other users to facilitate user interaction within the Services or address your request for Services. Your account privacy settings may allow you to limit the other users who can see the Personal Information in your user profile and/or what information in your user profile is visible to others. Any content you upload to your public user profile, along with any Personal Information or content that you voluntarily disclose online in a manner other users can view (on discussion boards, in messages and chat areas, etc.) becomes publicly available, and can be collected and used by others. Your user name may also be displayed to other users if and when you send messages or comments or upload content through the Services and other users can contact you through messages and comments. Also, if you sign into the Services through a third party social networking site or service, your list of “friends” from that site or service may be automatically imported to the Services, and if they are also registered users of the Services, they may be able to access certain non-public information you have entered in your Services user profile. As a reminder, we do not control third party sites or services.

Responses to Inquiries. When users send an inquiry to us, the return email address is used to answer the email inquiry we receive.

Aggregated Anonymous Information. Information may be compiled and aggregated in a manner so that you cannot be individually identified, and we may then provide that information to our partners or use that information in marketing or promotional items. We may provide aggregate information to our partners, who may use such information to understand how often and in what ways our Services are used. Except as described below, we do not disclose aggregate information to a partner in a manner that would identify you personally, as an individual.

Advertising (General and Targeted). In addition to our sending or showing you advertisements and/or promotional offers for the products and Services we offer, we may also allow other advertisers and business partners to choose our users who will see their advertisements and/or promotional offers. You hereby agree that we may provide any of the information we have collected from you in non-personally identifiable form to advertisers, in order for such advertisers to select the appropriate audience for those advertisements and/or offers. We will not tell such advertisers who you are, but we may provide certain information to them such as the geographical area in which you reside. Unless you opt out of our targeted advertising feature as described below, you agree that we may share your personally identifiable information with advertisers in order to deliver specific targeted advertising or offers directed at you. You will be able to opt out of this targeted advertising at any time by changing your personal settings.

We may deliver a file to you through the Services from an ad network, sometimes called a web beacon. Web beacons allow ad networks to provide anonymized, aggregated auditing, research and reporting for us and for advertisers. Web beacons also enable ad networks to serve targeted advertisements to you when you visit other websites. Because your web browser must request these advertisements and web beacons from the ad network’s servers, these companies can view, edit, or set their own cookies, just as if you had requested a web page from their site.

Third Parties Not Under Our Control. From time to time, businesses or third party websites which we are affiliated with in some manner (“Affiliates”) may attempt to sell items or provide other services to you through the Services (either alone or together with us), including selling their products or services, reselling devices, providing devices without charge, or delivering unique or custom applications. You will recognize Affiliate transactions or services based because of their brand, or a transaction you are conducting directly with them. We will share your Personal Information with that Affiliates only to the extent that it is related to such transaction or service, and to the extent that you have explicitly accepted incremental terms with that Affiliate whereby you acknowledge and authorize us to share your Personal Information. These incremental terms may be presented as part of promotional offers, either on the Affiliate’s site or on our web sites, or within customized setup steps that appear in the Services. We have no control over the policies and practices of Affiliates, so please review their policies. If you decide you no longer want to share Personal Information with an Affiliates, you may no longer be entitled to receive certain benefits from the Affiliates or have access to the Services.

Agents not Employees. BWG may employ other companies and people to perform tasks on our behalf and need to share your information with them to provide products or services to you. Unless we tell you differently, our agents do not have any right to use the Personal Information we share with them beyond what is necessary to assist us.

Changes of Control. We may choose to buy or sell assets. In these types of transactions, customer information is typically one of the business assets that would be transferred. Also, if we (or our assets) are acquired, or if we go out of business, enter bankruptcy, or go through some other change of control, Personal Information would be one of the assets transferred to or acquired by a third party.

Protection. We reserve the right to access, read, preserve, and disclose any information that we reasonably believe is necessary to comply with law or court order; enforce or apply our conditions of use and other agreements; or protect the rights, property, or safety of our systems, our employees, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction.

European Union and United Kingdom Consumers

Transfer of Your Personal Information Abroad. YOU ARE ADVISED THAT ANY INFORMATION YOU PROVIDE TO BWG THROUGH ITS WEB SITES AND/OR SERVICES, INCLUDING SENSITIVE PERSONAL INFORMATION, AND ANY INFORMATION OBTAINED BY BWG FROM YOUR ACCESSING AND/OR USING OF OUR WEB SITES AND/OR SERVICES (ALL AS DESCRIBED IN OUR PRIVACY POLICY), WILL BE TRANSFERRED FROM YOUR COUNTRY OF ORIGIN TO, AND STORED ON, OUR SERVERS CURRENTLY LOCATED IN THE STATE OF CALIFORNIA, UNITED STATES OF AMERICA. DUE TO THE NATURE OF THE INTERNET, IF YOU ARE VISITING THIS WEB SITE FROM THE EUROPEAN UNION OR ANY COUNTRY OTHER THAN THE UNITED STATES, YOUR COMMUNICATIONS WILL INEVITABLY RESULT IN THE TRANSFER OF INFORMATION ACROSS INTERNATIONAL BOUNDARIES.

BY VOLUNTARILY PROVIDING BWG WITH YOUR PERSONAL INFORMATION AND/OR CONTINUING TO ACCESS AND/OR USE OUR WEB SITES AND/OR SERVICES, YOU HEREBY UNAMBIGUOUSLY CONSENT TO THE TRANSFER OF ALL SUCH PERSONAL AND OTHER INFORMATION, AND TO THE USE AND STORAGE BY BWG OF SUCH INFORMATION, IN ACCORDANCE WITH THIS PRIVACY POLICY AND OUR TERMS OF USE. IF YOU DO NOT UNAMBIGUOUSLY CONSENT, THEN DO NOT PROVIDE US WITH ANY INFORMATION AND DO NOT ACCESS OR USE OUR WEB SITES.

BWG is committed to adhering to the privacy principles described in this Privacy Policy. You may review our Terms of Use by clicking here.

Your Access to Information

The information you can view, update, and delete may change as the Services change. If you have any questions about viewing or updating information we have on file about you, please contact us directly by e-mail by clicking Contact Us here. Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to ask us for a notice identifying the categories of Personal Information which we share with our affiliates and/or third parties for marketing purposes, and providing contact information for such affiliates and/or third parties. If you are a California resident and would like a copy of this notice, please submit a written request to BWG at: Balboa Water Group, 1382 Bell Ave., Tustin, CA 92780.

Opting Out

You can always opt not to disclose information to us, but keep in mind some information may be needed to register with us or to take advantage of some of our special features or the Services in any form.

Where required by local law, you may have the right to access, update or request that we delete your personal information.

You may also be able to add, update, or delete information as explained above. When you update information, however, we may maintain a copy of the unrevised information in our records. You may revoke your consent to BWG’s collection of Personal Information about you by requesting deletion of your account by contacting us directly by e-mail by clicking Contact Us here. Please note that some information may remain in our records after your deletion of such information from your account. We may use any anonymized or aggregated data derived from or incorporating your Personal Information after you update or delete it, but not in a manner that would identify you personally.

When you provide us with your information, you acknowledge that this information may be stored, transferred, and processed on servers located anywhere in the World, including either inside or outside of the USA or the European Economic Area.

Changes to the Policy

BWG may update this Privacy Policy from time to time. When we do, we will also revise the “last updated” date at the top of the Privacy Policy. Please routinely review this Privacy Policy to ensure that you are aware of the current terms as you are bound by any changes when you use the Services after such changes have been posted. Use of information we collect now is subject to the Privacy Policy in effect at the time such information is used.

Contact Information for Questions

If you have any questions about this Privacy Policy, including our practices described herein, you may contact us directly by e-mail by clicking Contact Us here.