Effective Date: January 8, 2021
Welcome to the Hayward company (hereinafter “Hayward,” “we” or “us”) and our website at https://www.hayward-pool.com (including all content under the
“hayward-pool.com” or “hayward.com” or “poolcomm.com” domain names, and referred to herein as the
“Website”). This notice (“Privacy
Policy”) is included with and supplements our Website Terms & Conditions. The Hayward
content and materials that may be provided to you via the Website are referred to herein and in the Terms &
Conditions document as the “Content.” The Hayward pool-related products
and equipment that we sell and support via the Website are referred to herein and in the Terms and Conditions
document as the “Products.”
the way we use such information. We believe that it is in the best interests of our customers that we collect and
maintain both a mailing list and a list of e-mail addresses in order to allow us to more efficiently communicate
with our customers and keep them informed of our new Products and promotions. It is important that you take the time
PLEASE REVIEW IT FROM TIME TO TIME.
1. Important Notices
Protection Regulation ("GDPR") and other applicable privacy laws. In such case,
we are a data “Controller” and you are a “Data Subject” with certain protected privacy rights concerning your
“Personal Data.” We will take commercially reasonable steps to
maintain compliance with GDPR requirements. Your Personal Data may identify you as a person, and thus is often
referred to as Personally Identifiable Information ("PII").
- California Privacy Rights. The California Consumer Privacy Act (“CCPA”) of 2018 enhances privacy rights and consumer protection for residents
of California. Under the CCPA, California residents have the rights to: 1) know what Personal Data are being
collected about them; 2) know whether their Personal Data are sold or disclosed, and to whom; 3) say 'no' to the
sale of their Personal Data; 4) access their Personal Data; and 5) not be discriminated against for exercising
their privacy rights under the CCPA. California law allows California residents to request information regarding
our disclosures in the prior calendar year, if any, of their PII to third parties. To make such a request,
please contact us at websupport@Hayward.com or 908-355-7995. Please
include enough detail for us to locate your file; at a minimum, your name, email and username, if any. We will
attempt to provide you with the requested information within thirty (30) days of receipt. We reserve our right
not to respond to requests sent more than once in a calendar year, or requests submitted to an address other
than the one posted in this notice. Please note that this law does not cover all information sharing. Our
disclosure only includes information covered by the law.
2. Who Collects Your Information On Our Website?
We do. We collect information from you on the Website, and we are responsible for protection
of that information. We collect consumer information from "Contact Us" forms on our Website, inquiries
made through our call center, rebate coupons, and warranty registrations mailed to our various clearinghouses. From
time to time, we also rent names and mailing addresses of consumers who we feel are likely to be interested in our
Products. Our acquisition of e-mail addresses and mobile numbers is limited solely to customers who volunteer their
Personal Data specifically to opt-in to our distribution list.
3. What Information Do We Collect?
- Requested Information. On various pages on the Website, we may request specific
PII about you in order to register you for an account, to sell our Products, facilitate your payments for
Products, add you to our email list, or fulfill your requests for information. In our consumer newsletter, we
may ask you for PII (such as your name, address, telephone number, e-mail address, etc.). For certain services,
such as our rebate program, we also request credit card or other payment account information, which we maintain
in encrypted form on secure servers. You may choose not to provide your PII, but then you might not be able to
take advantage of some of the features of our Website. We only collect basic personal data about you that does
not include any special types of information (e.g., health-related) as defined in the GDPR. The types of
Personal Data we collect and save may include:
- Contact and account registration information such as name, email address, physical address, phone number
and business information;
- Financial information such as credit card number, name, CVV code, or date of expiration;
- Information about you as a potential business partner (e.g., retailer) that you provide in using our
Content, such as information about your customers, their addresses, financial information, and similar
content you process through the Website;
- Information you provide such as feedback, comments or other messages;
- Technical information collected in our logs (including standard web log entries that contain your IP
address, page URL and timestamp); and
- Identifying device information associated with the browser or device you are using to access the Website
or Content such as your device’s unique identifier and associated type of device, operating system,
pages or features accessed most frequently, messages sent through the Website or Content, how pages or
features of the Content are used, and similar analytics about use of the Website or Content.
- Location Information. Our Products may collect and use your location
information (for example, by using the GPS on your mobile device) to provide certain Product functionality.
- Aggregate Information. We may also collect anonymous, non-identifying and
aggregate information such as the type of browser you are using, device type, the operating system you are
using, the domain name of your Internet service provider, and your location information when searching for one
of our stores.
4. Why Is My Information Being Collected?
We need to collect your Personal Data so that we can respond to your requests for information and demonstrations or
to be added to our emailing lists, to process your requests for purchase of and payment for our Products, and to
process your requests for information as a consumer, potential retailer or other business partner. We send our
Hayward Newsletter to the individuals on our e-mail list. We send other communications, such as announcements of
promotions, rebates and events coming to local Authorized Hayward retailers through email and SMS distribution. We
use our opt-in list to keep our customers informed of promotions and sales events. We also collect aggregate
information to help us better design the Website and Content. We collect log information for monitoring purposes to
help us to diagnose problems with our servers, administer the Website, calculate usage levels, and otherwise provide
services to you.
5. How Do We Use the Information We Collect?
- We use the Personal Data you provide for the purposes for which you have submitted it including:
- Responding To Your Inquiries and Fulfilling Your Requests. We may use
your PII to respond to your inquiries and to fulfill your requests for information.
- Creating and Maintaining User Accounts. We use your PII to create and
maintain an account for you to allow you to purchase and use the Products we make available on the
- Creating and Maintaining Business Partner Accounts. We use your PII to
create and maintain an account for you on the Website if you are a retailer or other business partner.
- Communicating With You About Our Products. We may use your PII to send
you information about new Products and other items that may be of interest to you.
- Sending Administrative Emails. We may use your PII to send you emails
to: (a) confirm your account and your other PII, (b) process your transactions to purchase our Products,
(c) provide you with information regarding the Website, or (d) inform you of changes to this Privacy
Policy, our Terms and Conditions, or our other policies.
- We may use anonymous information that we collect to improve the design and content of our Website, and to enable
us to personalize your Internet experience. We also may use this information in the aggregate to analyze how our
Website is used, analyze industry trends, as well as to offer you programs or services.
6. Do We Share Your Personal Data?
In general, we will not share your Personal Data except: (a) for the purposes for which you provided it; (b) with
your consent; (c) as may be required by law or as we think necessary to protect our organization or others from
injury (e.g., in response to a court order or subpoena, in response to a law enforcement agency request, or when we
believe that someone is causing, or is about to cause, injury to or interference with the rights or property of
another); or (d) on a confidential basis with persons or organizations with whom we contract to carry out internal
site, marketing and business operations or as necessary to render the Website or Content. With your knowledge and
consent, we may share your Personal Data with our business partners. We may also share aggregate information with
others, including affiliated and non-affiliated organizations. Finally, we may transfer your Personal Data to our
successor-in-interest in the event of an acquisition, sale, merger or bankruptcy.
7. Are There Other Ways My Personal Data Could Be Shared?
- You may elect to share certain Personal Data with individuals or with the public via your use of the Website.
For example, the Website may make it possible for you to publicly share information via social media such as
Facebook, Twitter or Pinterest. Be aware that when you choose to share information with friends, public
officials, or with the public at large, you may be disclosing sensitive information, or information from which
sensitive information can be inferred. Always use caution when sharing information through the Website. You
understand and agree that we are not responsible for any consequences of your sharing of information through and
beyond the Website.
- If we intend to use your Personal Data in a manner different from the purpose for which it was collected, then
we will ask for your consent prior to such use. If we propose to use Personal Data for any purposes other than
Data for those other purposes.
8. How Can You Access and Control Your Information?
- After registering for an account on the Website, you may log-in to the account and edit your Personal Data in
your profile. If you would like to be deleted from our distribution list, inform us of an address change, or
notify us that you are receiving duplicate mailings, contact us and explain the situation. We will honor your
request in accordance with applicable law. To remove your name from our e-mail list, go to https://haywardpools.tfaforms.net/f/unsubscribe, enter your e-mail
address and click the "Unsubscribe" button. For instructions on how you can further access your Personal Data
that we have collected, or how to correct errors in such information, please send an e-mail to websupport@Hayward.com. We will also promptly stop using your
information and remove it from our servers and database at any time upon your e-mail request. To protect your
privacy and security, we will take reasonable steps to help verify your identity before granting access, making
corrections or removing your information.
- If you are an EU citizen and believe that we have misused your Personal Data, you have the right to contact the
European Data Protection Supervisor (“EDPS”) to ask the EDPS for advice on how to exercise your
rights or to ask the EDPS to investigate a complaint. For more information, see EDPS
9. How Do We Store and Protect Your Information?
- After receiving your Personal Data, we will store it on our Website systems for future use. We have physical,
electronic, and managerial procedures in place to safeguard and help prevent unauthorized access, maintain data
security, and correctly use the information we collect. Unfortunately, no data transmission over the Internet or
data storage solution can ever be completely secure. As a result, although we take industry-standard steps to
protect your information (e.g., strong encryption), we cannot ensure or warrant the security of any information
you transmit to or receive from us or that we store on our or our service providers' systems.
- We restrict access to Personal Data to our employees, contractors and agents who need to know that information
in order to operate, develop or improve our Products and services. These individuals are bound by
confidentiality obligations and may be subject to discipline, including termination and criminal prosecution, if
they fail to meet these obligations.
- If you are visiting the Website from outside of the USA, you understand that your connection will be through and
to servers located in the USA, and the information you provide will be securely stored in our web servers and
internal systems located within the USA. By accessing or using the Services or otherwise providing information
to us, you consent to the processing, transfer, and storage of information in and to the USA, where you may not
have the same rights and protections as you do under local law.
- We store Personal Data for as long as reasonably required for its purpose or for any additional period required
by law (if any). Account information is deleted when you or when we delete your account. We may store
information longer for legitimate business reasons (for example, Personal Data may remain in backups for a
reasonable period of time), or as legally required. Otherwise, we store your Personal Data until you request us
to remove it from our servers. We store our logs and other technical records indefinitely.
- To enhance your online experience with us, our web pages may presently or in the future use "cookies." Cookies are text files that our web server may place on your hard disk to
store your preferences. We may use session, persistent, first-party and third-party cookies. Cookies, by
themselves, do not tell us your e-mail address or other PII unless you choose to provide this information to us.
Once you choose to provide PII, however, this information may be linked to the data stored in the cookie. You
can set your browser to notify you when you receive a cookie, providing you with as much control as you wish as
to the decision to accept/reject the cookie, and deletion of the cookie upon leaving our Website. Please note,
however, that if your browser does not accept cookies, you may not be able to take advantage of all of the
features of our Website.
- We or our service providers may also use "pixel tags," "web beacons," "clear GIFs" embedded links, and
other commonly used information-gathering tools in connection with some Website pages and HTML-formatted email
messages for such purposes as compiling aggregate statistics about Website usage and response rates. A pixel tag
is an electronic image (often a single pixel), that is ordinarily not visible to website visitors, and may be
associated with cookies on visitors’ hard drives. Pixel tags allow us and our service providers to count users
who have visited certain pages of the Website, to deliver customized services, and to help determine the
effectiveness of our Website and Content. When used in HTML-formatted email messages, pixel tags can inform the
sender of the email whether and when the email has been opened.
- As you use the Internet, you leave a trail of electronic information at each website you visit. This
information, which is sometimes referred to as "clickstream data”, can be
collected and stored by a website's server. Clickstream data can reveal the type of computer and browsing
software you use and the address of the website from which you linked to the Website. We may use clickstream
data as a form of non-personally identifiable information to determine how much time visitors spend on each page
of our Website, how visitors navigate through the Website, and how we may tailor our web pages to better meet
the needs of visitors. We will only use this information to improve our Website.
- Many modern web browsers give you the option to send a “Do Not Track” signal to the websites you
visit, indicating that you do not wish to be tracked. At this time, the Website and Services do not specifically
respond to “Do Not Track” signals.
11. Collection of Information by Others
Our Terms and Conditions document identifies certain third party websites to which we may provide links that you may
click on our Website. Please check the privacy policies of these other websites to learn how they collect, use,
store and share information that you may submit to them or that they collect.
12. Children and Young People’s Information
We do not knowingly collect any information from any minors, and we comply with all applicable privacy laws including
the GDPR, CCPA, USA Children's Online Privacy Protection Act (“COPPA”) and associated Federal Trade
Commission (“FTC”) rules for collecting personal information from minors. Please see the FTC's website
(www.ftc.gov) for more information. If you have concerns about this Website or its Content, wish to find out if your
child has accessed our Content, or wish to remove your child's personal information from our servers, please contact
us at websupport@Hayward.com. Our Website will not knowingly accept
personal information from anyone under 13 years old in violation of applicable laws, without consent of a parent or
guardian. In the event that we discover that a child under the age of 13 has provided PII to us, we will make
efforts to delete the child’s information in accordance with the COPPA. If you believe that your child under 13 has
gained access to our Website without your permission, please contact us at websupport@Hayward.com.
13. California Privacy Rights
The California Consumer Privacy Act (“CCPA”) of 2018 enhances privacy rights and consumer protection for
residents of California. Under the CCPA, California residents have the rights to: 1) know what Personal Data are
being collected about them; 2) know whether their Personal Data are sold or disclosed, and to whom; 3) say 'no' to
the sale of their Personal Data; 4) access their Personal Data; and 5) receive equal service and price from
businesses, even if after exercising these privacy rights. California law allows California residents to request
information regarding our disclosures in the prior calendar year, if any, of their PII to third parties. To make
such a request, please contact us at websupport@Hayward.com. Please
include enough detail for us to locate your file; at a minimum, your name, email and username, if any. We will
attempt to provide you with the requested information within thirty (30) days of receipt. We reserve our right not
to respond to requests sent more than once in a calendar year, or requests submitted to an address other than the
one posted in this notice. Please note that this law does not cover all information sharing. Our disclosure only
includes information covered by the law.
14. Changes to this Policy
address that you provided to us. Your continued use of the Website following our notice of changes to this Privacy
Policy means you accept such changes.
15. Our Contact Information
at websupport@Hayward.com, or at Hayward Pool Products, 400 Connell
Drive, Suite 6100, Berkeley Heights, NJ 07922.
Copyright © Hayward. All rights reserved. The Website is the property of Hayward, and is protected by United
States and international copyright, trademark, and other applicable laws. This includes the content, appearance, and
design of the Website, as well as the trademarks, product names, graphics, logos, service names, slogans, colors,