PRIVACY POLICY
The Amenity Collective Privacy Policy
Last Updated and Effective as of: 7/1/2024
This Privacy Policy (“Privacy Policy” or “Policy”), except as otherwise set forth below, applies to the collection and use of Personal Information by The Amenity Collective together with its Corporate Affiliates (as defined below) listed at amenitycollective.com/companies (referred to herein collectively as “TAC,” “Company”, or “we,” or “us,” or “our”). The Policy describes the Company’s practices regarding the collection, use, disclosure, and sale of Personal Information based on your interactions with us, including on our websites, applications, mobile apps, forums, blogs listed at amenitycollective.com/companies (together with any subdomains, each a “Site” and collectively, the “Sites”), and other online or offline offerings and your other interactions with us (collectively, the “Services”).
You should review this Privacy Policy and our Terms of Use carefully because, by using this Site and otherwise interacting with us, you agree to the terms of this Privacy Policy.
We collect, process and store various types of Personal Information. For purposes of this Policy, “Personal Information” means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual. It does not include de-identified or aggregate information that cannot be linked, directly or indirectly, with a particular individual.
If an organization with which you are associated (an “Organization”) signs up to use our Services, we may receive Personal Information about you in connection with our provision of the Services to your Organization. To the extent we process that Personal Information solely in order to provide the Services to your Organization, we will act as a processor on behalf of your Organization in respect of that Personal Information, which means: we will handle that Personal Information solely at the direction of your Organization; your Organization’s privacy policy (and not this Privacy Policy) will apply to the processing of that Personal Information; and your Organization (and not us) is responsible for obtaining all necessary consents and providing you with all requisite information as required by applicable law. To the extent we process your Personal Information for any other lawful business purpose of ours, this Privacy Policy will apply to the processing of such Personal Information.
1. Personal Information We Collect – Sources and Categories
We may collect your Personal Information when you visit our Sites (including when you complete a contact form on one of our Sites), request information about or use our Services, book an appointment, register for mailing lists, interact with the Sites, email or call us, submit a review or evaluation of our Services, or when you voluntarily provide information to us through an email or phone call (including customer service calls). We also may receive information about you from third-party sources as well as from publicly available sources and online directory searches.
The categories of Personal Information we collect from these sources include the following:
Personal identifiers:name; business with which you are associated, if any, and your role within that business; email address; address; telephone numbers; property attributes, values, and sales; customer number; account username and password; and IP address, or other unique identifier.
Commercial and financial information: records of products or Services ordered or considered and products and Services of interest to you; whether you are a new or existing customer; other purchasing or consuming histories; and payment information (including credit card information).
Internet or other electronic activity information: your device and browser type, your browsing and search history on our Sites, and information regarding your interaction with our Sites and our advertisements.
Geolocation data: latitude and longitude of location where we are providing Services.
Audio information: recordings of customer service calls for quality assurance purposes.
2. Purposes for Collection of Personal Information
We use your Personal Information to provide you with the information you request and Services that are ordered by you or on your behalf. We use the information you provide us to contact you from time to time, to provide you with information about our business, customer support, and (unless you opt out) advertisements and marketing promotions and offers about products or services we think may be of interest to you, including our services and those of our Corporate Affiliates and of our strategic partners. If you opt in, we may contact you by SMS text message, including regarding billing matters.
We also use Personal Information about your use of our Sites to monitor or improve our Sites; for internal business analysis; to prevent fraud, activities that violate our Terms of Use or another agreement with us or that are illegal; and to protect our rights and the rights and safety of our users or others.
3. Disclosure of Personal Information
We generally disclose information we gather from you under this Privacy Policy to the following types of third parties and as otherwise set forth in this Privacy Policy or as specifically authorized by you:
Laws and Legal Rights: We may also share your Personal Information as required or permitted by law to comply with a subpoena or similar legal process or government request, or when we believe in good faith that disclosure is legally required or otherwise necessary to protect our rights and property or the rights, property or safety of others, including to law enforcement agencies, national security authorities, and judicial and regulatory authorities. We may also share your Personal Information with third parties to help detect and protect against fraud or data security vulnerabilities.
Sale of Business. We may share or transfer your Personal Information to a third party in the event of an actual or potential sale, merger, bankruptcy, reorganization of TAC or our Corporate Affiliates or other restructuring or in connection with a strategic investment by a third party in TAC or our Corporate Affiliates.
Outside Contractors. We may employ independent contractors, vendors, and suppliers (collectively, "Outside Contractors") to provide specific services and products related to the Sites and/or Services, such as hosting and maintaining the Service, providing credit card processing and fraud screening, and developing applications for the Sites and/or Services. In the course of providing products or services to us, these Outside Contractors may have access to information collected under this Privacy Policy, including your Personal Information. We use reasonable efforts to ensure that these Outside Contractors are capable of protecting the security of your Personal Information.
Professional Advisors. We may provide your information (including Personal Information) to professional advisors, such as lawyers, auditors, bankers, and insurers, where necessary in the course of the professional services that they render to us.
Corporate Affiliates: We may also disclose information (including Personal Information) about you to our Corporate Affiliates. For purposes of this Privacy Policy: "Corporate Affiliate" means any person or entity which directly or indirectly controls, is controlled by or is under common control with TAC, whether by ownership or otherwise; and “control” means possessing, directly or indirectly, the power to direct or cause the direction of the management, policies or operations of an entity, whether through ownership of fifty percent (50%) or more of the voting securities, by contract or otherwise.
Third Parties Generally: We may provide to third parties information, including where such information is combined with similar information of other users of our Sites and/or Services. For example, we might inform third parties regarding the number of unique users who use the Sites and/or Services, the demographic breakdown of our users of the Sites and/or Services, or the products and/or Services purchased and the vendors of such products and services. In addition to the above, when users use our Sites, third parties (including without limitation third-party analytics service providers and commercial partners) may directly collect information about our users’ online activities over time and across different websites. In particular, we share information with third-party digital advertising networks by allowing such third parties to place cookies or other trackers on our Sites that collect information about your online activities over time and across different websites or applications. These parties may then use the information they collect to provide you with personalized content and present you with third-party products or services in which you may be interested. For more information about the use of cookies and trackers, see the section “Our Use of Cookies and Analytics” below. Please note further that the Sites use Google Analytics, including its data reporting features. Information collected by Google Analytics includes but is not limited to web metrics. For information on how Google Analytics collects and processes data, please see the site “How Google uses data when you use our partners' sites or apps”, currently located at www.google.com/policies/privacy/partners/. For information on opting out of Google Analytics, we encourage you to visit Google’s website, including its list of currently available opt-out options presently located at https://tools.google.com/dlpage/gaoptout.
4. Our Use of Cookies and Analytics
We may send text files (e.g., “cookies” or other cached files) or images to your web browser. Such text files and images are used for technical convenience to store information on your computer. For instance, we may use a session cookie to store form information that you have entered so that you do not have to enter such information again. We may use information stored in such text files and images to customize your experience on the Sites and to monitor use of the Sites. We may also allow third parties to use cookies and collect information about your activities over time and across the Internet, including to suggest products or services which they determine you may be interested in receiving.
You may set your browser to notify you when you receive a cookie. Many web browsers also allow you to block cookies. If you block cookies, you may not be able to access certain parts of the Sites. You can disable cookies from your computer system by following the instructions on your browser or at www.youradchoices.com.
Note that information collected from cookies and other similar technologies (which may include device identifiers) may be used to send you online advertising for the Services. In particular, information collected from cookies (including cookies placed by third-party vendors, such as Google and its partners) and other similar technologies (which may include device identifiers) may be used to deliver advertisements to Site visitors when such visitors are visiting other websites, including Facebook and LinkedIn. These third-party vendors may use cookies and/or device identifiers to serve ads based on your past visits to the Site. You may opt out of a third-party vendor’s use of cookies and/or device identifiers for personalized advertising by visiting https://thenai.org/opt-out/.
We use Google Analytics to evaluate the use of our website. Google Analytics uses cookies and other identifiers to collect information, such as how often users visit the website, what pages they visit when they do so, and what other websites they visited prior to visiting our website. Our Sites also utilizes Google Tag Manager. Google may collect your IP address, data related to the device/browser you are using, and other information about your use of our website. Google Analytics’ data practices are governed by the Google’s applicable Terms of Service and Privacy Policy, as they may be amended from time to time. You can view the Google Privacy Policy here:
https://policies.google.com/privacy?hl=en-US#infocollect.
In addition to Google Analytics and Google Tag Manager, the Sites use third-party service platforms (including to help analyze how users use the Sites). These third-party service platforms may place cookies on your computer or mobile device. If you would like to disable "third party" cookies, you may be able to turn them off by going to the third party's website. Here are links to the other third-party platforms we use apart from Google:
https://wordpress.org/about/privacy/cookies/
https://www.joomla.org/cookie-policy.html
https://www.squarespace.com/privacy
https://help.hotjar.com/hc/en-us/articles/6952777582999-Cookies-Set-by-the-Hotjar-Tracking-Code
https://terms.yelp.com/privacy/en_us/20220831_en_us
https://www.salesforce.com/company/privacy
https://help.nextdoor.com/s/article/Privacy-Policy?language=en_US
https://www.facebook.com/privacy/policies/cookies
Information collected from some cookies placed on the Sites is used to deliver advertisements to TAC Site visitors when such visitors are visiting other websites, including Facebook and LinkedIn. We may also combine information collected from cookies with information that you may provide, such as information provided in a form that you complete.
5. Log Files
We also collect information through our Internet log files, which record data such as IP addresses, browser types, domain names, and other anonymous statistical data involving the use of the Sites. This information may be used to analyze trends, to administer the Sites, to monitor the use of the Sites, and to gather general demographic information. We may link this information to Personal Information for these and other purposes such as personalizing your experience on the Sites and evaluating the Sites in general.
6. Do Not Track
“Do Not Track” is a privacy preference that users can set in certain web browsers. We do not comply with automated browser signals regarding tracking mechanisms, which may include “do not track” instructions.
7. Personal Information of Minors
Our products and Services are not directed to minors under the age of 13 and we do not knowingly collect or sell the Personal Information of minors under 16.
8. How We Keep Your Personal Information Secure
We implement and maintain reasonable security appropriate to the nature of the Personal Information that we collect, use, retain, transfer, or otherwise process. Our reasonable security program is implemented and maintained in accordance with applicable law and relevant standards. However, there is no perfect security, and reasonable security is a process that involves risk management rather than risk elimination. While we are committed to developing, implementing, maintaining, monitoring, and updating a reasonable information security program, no such program can be perfect; in other words, all risk cannot reasonably be eliminated. Data security incidents and breaches can occur due to vulnerabilities, criminal exploits or other factors that cannot reasonably be prevented. Accordingly, while our reasonable security program is designed to manage data security risks and thus help prevent data security incidents and breaches, it cannot be assumed that the occurrence of any given incident or breach results from our failure to implement and maintain reasonable security.
9. Shine the Light
California Civil Code Section 1798.83, also known as the “Shine the Light” law, permits California residents to annually request, free of charge, information about the Personal Information (if any) disclosed to third parties for direct marketing purposes in the preceding calendar year. We may use Personal Information to market third party products and services we believe may be of interest to our customers and we may share Personal Information with third parties (such as our Corporate Affiliates) for their own marketing purposes.
10. Our Commitment to Honoring Your Rights
If you exercise any of your rights described in this Privacy Policy, we will continue to treat you fairly.
11. Changes to This Policy
We will review and update this Policy as required to keep current with rules and regulations, new technologies and security standards. We will post those changes on the website or update the Privacy Policy modification date below. In certain cases, and if the changes are material, you will be notified via email or a notice on our website.
12. Other Websites
Our Sites may provide you with access to other websites and services. This may include providing you with the ability to automatically post updates on Facebook and Twitter. Please be aware that we are not responsible for the privacy practices of any websites or services other than the Sites. A link to a third-party website does not constitute or imply endorsement by us. Additionally, we cannot guarantee the quality or accuracy of information presented on those websites. We encourage you to read the privacy policies or statements of each and every such website and service. This Privacy Policy applies solely to information collected by us through the Sites and our Services.
13. Public Areas
The Sites may feature various community areas, blogs, and other public forums (the “Public Areas”) where Sites users with similar interests can share information and post questions for others to answer. These Public Areas are open to the public and should not be considered private. We cannot prevent information included within a Public Area from being used in a manner inconsistent with this Privacy Policy, the law, or your personal privacy. We are not responsible for the results of such postings or for the accuracy of any information contained in those postings.
Any information you share in a Public Area (including Personal Information) is by design open to the public and is not private. You should think carefully before posting any information in any Public Area. What you post can be seen, disclosed to or collected by others and may be used by others in ways we cannot regulate or predict. As with any public forum on any website, the information you post may also show up in third-party search engines like Google, Yahoo, and Bing. If you mistakenly post Personal Information in a Public Area, you can send us an e-mail to request that we remove it by contacting us at privacy@amenitycollective.com. You should understand that in some cases, we may not be able to remove your information.
14. Accessibility
We are committed to ensuring that our communications are accessible to people with disabilities. To make accessibility-related requests or report barriers, please contact us at accessibility@amenitycollective.com.
15. Contact Us
If there are any questions regarding this Privacy Policy or to request a copy of this Privacy Policy in another format you may contact us at privacy@amenitycollective.com.
16. Additional Information from Amenity Pool Services for Texas Consumers
This Section 16 applies to Poolman 2000, LLC d/b/a Amenity Pool Services (“Amenity Pool Services”) only to the extent that Amenity Pool Services is regulated by the Texas Data Privacy and Security Act (TDPSA) and if you are a Texas resident and a “consumer” as defined in the TDPSA.
As used in this Section 16: “personal data” has the meaning set forth in the TDPSA; and “we,” or “us,” or “our” refers to Amenity Pool Services.
Without limitation of any other provision in this Privacy Policy, in connection with the Services: Amenity Pool Services processes the categories of personal data described in Sections 1, 4, and 5 of this Privacy Policy for the purposes described in Sections 2, 4, and 5 of this Privacy Policy; and Amenity Pool Services may disclose each of the categories of personal data described in Sections 1, 4, and 5 of this Privacy Policy to the categories of third parties described in Section 3 of this Privacy Policy. Under the TDPSA, you may have the right under certain circumstances to:
Confirm whether we process your personal data and to access such personal data.
Correct inaccuracies in your personal data, taking into account the personal data’s nature and our purpose for processing it.
Delete certain personal data we may hold about you.
Data portability.
To the extent applicable, opt-out of personal data processing for targeted advertising, sales, or profiling in furtherance of decisions that produce legal or similarly significant effects.
To exercise any of these rights (to the extent the TDPSA grants such rights to you with respect to our processing of your personal data) please contact us using the contact details set out in this Section 16.
To appeal a decision regarding a request to exercise your rights, please contact us using the contact details set out in this Section 16. If possible, it would be helpful if you can detail the basis of your appeal in your communication.
Please note that to the extent we consider Deidentified Data outside the scope of the TDPSA because it is not identifiable, then, to the extent required by the TDPSA, we hereby publicly commit to process Deidentified Data in our possession only in a de-identified fashion and not attempt to re-identify such Deidentified Data. “Deidentified Data” means data that cannot reasonably be linked to an identified or identifiable Texas resident, or a device linked to that Texas resident.
If you have any questions regarding this Section 16 or if you would like to exercise any of your rights under the TDPSA, please email Amenity Pool Services at privacy@amenitycollective.com.