Privacy Policy

General Information

This website, and the various content, features and services offered on this website (collectively, the "Site"), is owned and/or operated by Peak One Pool & Spa ("Peak One Pool & Spa," "we," "us," "our" or similar pronoun). Peak One Pool & Spa is committed to respecting your online privacy and recognizes your need for appropriate protection and management of any personally identifiable information ("Personal Information") you share with us. Peak One Pool & Spa has established this privacy policy ("Privacy Policy") to let you know what information we may collect from you on the Site and how we may use and share that information. Please take a moment to review the terms of our Privacy Policy. By using the Site, you agree to accept the terms of our Privacy Policy. If you do not agree to the terms of this Privacy Policy, please do not use the Site. Except as expressly provided herein, this Privacy Policy applies only to information that we collect on the Site and does not apply to information which we may collect by other means.

Personal Information; Changes to Personal Information

Personal Information means any information that may be used to identify an individual, including, but not limited to, first and last name, home or other physical address, telephone number, email address, business/company, title, credit card information, billing address, items you purchase on the Site and your browsing and buying patterns (to the extent associated with other Personal Information).

In general, you can visit the Site without telling us who you are or revealing any Personal Information about yourself. However, in order to take advantage of some features of the Site, we require you to register and provide Personal Information. For example, we may collect certain Personal Information if you choose to subscribe to a mailing list, participate in special offers, sweepstakes or other promotions, comment on the blog, make a purchase, or send questions or comments to us via email.

Aggregate Information

From time to time, Peak One Pool & Spa may collect general, non-personal, statistical information about the use of the Site, such as how many visitors visit a specific page on the Site, how long they stay on that page and which hyperlinks, if any, they "click" on. We collect this information through the use of "cookies" and other tracking technologies, which are discussed in greater detail below. We collect this information in order to determine which areas of the Site are most popular and to enhance the Site for visitors. We may group this information into aggregate visitor data in order to describe the use of the Site to our existing or potential business partners, sponsors, advertisers or other third parties, or in response to a government request. Peak One Pool & Spa may also group demographic and preferences information and responses to surveys that we collect from visitors into aggregate data for the same purposes. However, please be assured that this aggregate data will in no way personally identify you or any other visitors to the Site.

Cookies and Other Tracking Technologies

Some of our web pages utilize "cookies" and other tracking technologies. A cookie is a small text file that a website transfers to an individual's hard drive for record-keeping purposes. For example, we may use cookies to collect information about website activity and to maintain your shopping experience in our online store. We never save credit card information in cookies. Most browsers allow you to control cookies, including whether or not to accept them and how to remove them. You may set most browsers to notify you if you receive a cookie, or you may choose to block cookies with your browser. However, please be aware that some features of the Site may not function properly or may be slower if you refuse cookies. Moreover, your ability to complete a purchase may be compromised without enabling cookies in your Internet browser.

Tracking technologies may record information such as Internet domain and host names; Internet protocol (IP) addresses; browser software and operating system types; clickstream patterns; and dates and times that our Site is accessed. An IP address is a number that is automatically assigned to your computer whenever you are surfing the web. Web servers, the computers that "serve up" webpages, automatically identify your computer by its IP address. We may link the information we record using tracking technologies to Personal Information we collect at the Site for our own internal and our affiliated companies' internal marketing and advertising efforts. In addition, we reserve the right to use IP addresses and other tracking technologies to identify a visitor only when we feel it is necessary to enforce compliance with the Site's policies, to protect the Site, our customers or others, or when we believe in good faith that the law requires it.

The Site may also use a technology called "tracer tags". These may also be referred to as "Clear GIFs" or "Web Beacons". This technology allows us to understand which pages you visit on the Site. These tracer tags are used to help us optimize and tailor the Site for you and other Site visitors.

Pop-up blockers or stoppers prevent extra pop-up windows (usually advertisements) from opening in your browser. Pop-up blocking software often has negative effects on other "good" software. If you disable JavaScript pop-up ad windows, you may also disable other website functionality that uses JavaScript. If you're using a pop-up blocker that allows you to manage a list of "pop-up friendly" sites, please refer to your Help files and add the URL of this Site to your approved list to ensure maximum functionality at the Site.

How We Use and Share Personal Information

How We May Use Your Information

With respect to the Personal Information we collect, we may retain and use that information for several purposes. For example, we may use your Personal Information to send emails to our mailing list subscribers, enter you into sweepstakes, respond to your questions, or process or fulfill any purchases you make on the Site. We may also use Personal Information to ensure compliance with our policies and applicable law. We use your email address as a customer identifier on the Site. In addition, we may send you periodic communications by email or regular mail, such as news updates, special promotional offers or information on our products or services which may be of interest to you. If you later wish to opt-out of receiving such promotional communications from us at any time, simply follow the instructions in Section VII. Notwithstanding the foregoing, we reserve the right to send you certain non-promotional communications relating to the Site, such as service announcements, email related to purchases you have made, or similar administrative or transactional messages, without offering you the opportunity to opt-out of receiving them.

With Whom We May Share Your Information

We may sometimes use other businesses to perform certain services for us, such as maintaining the Site and our mailing lists, processing orders and delivering products, sending postal mail and providing marketing assistance and data analysis. We may provide Personal Information to those businesses when that information is necessary for them to complete a requested transaction or otherwise perform their duties. Peak One Pool & Spa will take reasonable steps to ensure that these third party service providers are obligated to protect Personal Information on Peak One Pool & Spa' behalf.

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

Security

Peak One Pool & Spa intends to take reasonable and appropriate steps to protect the Personal Information that you share with us from unauthorized access or disclosure. When you transmit Personal Information from your PC to our servers, your information is protected by a "firewall" (a combination of computer hardware and software that helps keep unauthorized visitors from accessing information within our computer network). Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your Personal Information and privacy, we cannot guarantee or warrant the security of any information you disclose or transmit to us online and cannot be responsible for the theft, destruction, or inadvertent disclosure of your Personal Information.

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

With respect to general credit card security online, you can take the steps below to increase the security of your credit card information:

Limit your online shopping to Internet merchants equipped with Secure Sockets Layer (SSL) technology. SSL assists in preventing unauthorized interception of your sensitive data.
Use a browser, such as Netscape Navigator or Internet Explorer, that supports SSL. These browsers show a symbol in the status bar, such as a key or lock, when you are on a site that uses SSL.
Credit card information collected by Peak One Pool & Spa is encrypted through SSL before it is transmitted over the Internet.

Changes to Privacy Policy

The terms of this Privacy Policy may change from time to time. We will notify you of any material changes to this Privacy Policy by posting a notice on the homepage of the Site for a reasonable period of time after such changes are made that this Privacy Policy has been updated, and by changing the "Last Updated" date at the top of this Privacy Policy. We encourage you to check this page periodically for any changes. Your continued use of the Site following the posting of changes to these terms will mean you accept those changes. If you have questions about this Privacy Policy, or believe that Peak One Pool & Spa has acted inconsistently with this Privacy Policy, please Contact Us.

Third Party Websites

Please note that you may have cookies placed on your computer by third party websites that refer you to the Site. Although we do not share your Personal Information with these third party websites, they may be able to link certain non-personally identifiable information we transfer to them with Personal Information they previously collected from you. Please review the privacy policies of each website you visit to better understand their privacy practices. In addition, Peak One Pool & Spa would like to inform you that anytime you click on links (including advertising banners), which take you to third party websites, you will be subject to the third parties' privacy policies.

While we support the protection of our customer's privacy on the Internet, Peak One Pool & Spa expressly disclaims any and all liability for the actions of third parties, including but without limitation to actions relating to the use and/or disclosure of Personal Information by third parties.

Third Party Ad Servers

As of the effective date of this Privacy Policy, we do not have relationships at the Site with third party ad server networks. However, we may at some point engage third party ad server networks to serve advertisements within or in connection with the Site. Because your web browser must request these advertising banners from the ad networks' servers, these companies can send their own cookies to your cookie file, just as if you had requested a web page from the Site. Please note that if an advertiser on a third party ad server network asks us to show an advertisement to a certain audience (for example, women ages 18-34) or audience segment (for example, women ages 18-34 who have viewed child-related items) and you respond to that ad, the advertiser or ad-server may conclude that you fit the description of the audience they are trying to reach. However, we would only authorize third party ad servers to employ anonymous cookies for ad delivery and anonymous targeting. We would not knowingly permit a third party ad server to collect Personal Information about you. If you want to prevent a third party ad server and/or third party service provider from sending and reading cookies on your computer, you must visit each third party ad server network's website individually and opt out (if they offer this capability).

Miscellaneous

This Privacy Policy and the privacy practices of Peak One Pool & Spa will be subject exclusively to the laws of the State of Colorado within the United States. Peak One Pool & Spa makes no representation that this Privacy Policy and our practices comply with the laws of any other country or jurisdiction. Visitors who use the Site and reside outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. If you reside outside of the United States, by using our Site, you consent to the transfer, processing and use of your information outside your country.