ONLINE PRIVACY POLICY AGREEMENT
April 01, 2024

The Pool Whisperer, LLC (The Pool Whisperer) values its users' privacy. This Privacy Policy
("Policy") will help you understand how we collect and use personal information from those
who visit our website or make use of our online facilities and services, and what we will and
will not do with the information we collect. Our Policy has been designed and created to
assure those affiliated with The Pool Whisperer, LLC of our commitment and realization of
our obligation not only to meet, but to exceed, most existing privacy standards.

We reserve the right to make changes to this Policy at any given time. If you have not
registered with us and want to make sure that you are up to date with the latest changes, we
advise you to frequently visit this page. If you are a registered user, we will notify you via
email of any changes or updates made to this Policy. If at any point in time The Pool
Whisperer, LLC decides to make use of any personally identifiable information on file, in a
manner vastly different from that which was stated when this information was initially
collected, the user or users shall be promptly notified by email. Users at that time shall have
the option as to whether to permit the use of their information in this separate manner.

This Policy applies to The Pool Whisperer, LLC, and it governs any and all data collection and
usage by us. Through the use of https://www.texaspoolwhisperer.com/, you are therefore
consenting to the data collection procedures expressed in this Policy.

Please note that this Policy does not govern the collection and use of information by
companies that The Pool Whisperer, LLC does not control, nor by individuals not employed or
managed by us. If you visit a website that we mention or link to, be sure to review its privacy
policy before providing the site with information. It is highly recommended and suggested that
you review the privacy policies and conditions of any website you choose to use or frequent to
better understand the way in which websites garner, make use of and share the information
collected.

Specifically, this Policy will inform you of the following
1. What personally identifiable information is collected from you through our website;
2. Why we collect personally identifiable information and the legal basis for such collection;
3. How we use the collected information and with whom it may be shared;
4. What choices are available to you regarding the use of your data; and
5. The security procedures in place to protect the misuse of your information.

Information We Collect
It is always up to you whether to disclose personally identifiable information to us, although if
you elect not to do so, we reserve the right not to register you as a user or provide you with
any products or services. This website collects various types of information, such as:
● Information automatically collected when visiting our website, which may include
cookies, third party tracking technologies and server logs.
In addition, The Pool Whisperer, LLC may have the occasion to collect non-personal
anonymous demographic information, such as age, gender, household income, political
affiliation, race and religion, as well as the type of browser you are using, IP address, or type
of operating system, which will assist us in providing and maintaining superior quality service.
The Pool Whisperer, LLC may also deem it necessary, from time to time, to follow websites
that our users may frequent to gleam what types of services and products may be the most
popular to customers or the general public.

Why We Collect Information and For How Long
We are collecting your data for several reasons:
● To better understand your needs and provide you with the services you have requested;
● To fulfill our legitimate interest in improving our services and products;
● To send you promotional emails containing information we think you may like when
we have your consent to do so;
● To contact you to fill out surveys or participate in other types of market research, when
we have your consent to do so;
● To customize our website according to your online behavior and personal preferences.
The data we collect from you will be stored for no longer than necessary. The length of time
we retain said information will be determined based upon the following criteria: the length of
time your personal information remains relevant; the length of time it is reasonable to keep
records to demonstrate that we have fulfilled our duties and obligations; any limitation periods
within which claims might be made; any retention periods prescribed by law or recommended
by regulators, professional bodies or associations; the type of contract we have with you, the
existence of your consent, and our legitimate interest in keeping such information as stated in
this Policy.

Use of Information Collected
The Pool Whisperer, LLC does not now, nor will it in the future, sell, rent or lease any of its
customer lists and/or names to any third parties.
The Pool Whisperer, LLC may collect and may make use of personal information to assist in
the operation of our website and to ensure delivery of the services you need and request. At
times, we may find it necessary to use personally identifiable information as a means to keep
you informed of other possible products and/or services that may be available to you from
https://www.texaspoolwhisperer.com/
The Pool Whisperer, LLC may also be in contact with you with regards to completing surveys
and/or research questionnaires related to your opinion of current, potential, or future services
that may be offered.
The Pool Whisperer, LLC uses various third-party social media features including but not
limited to https://www.facebook.com/thepoolwhisperertx, https://www.instagram.com/
thepoowhisperertx and other interactive programs. These may collect your IP address and
require cookies to work properly. These services are governed by the privacy policies of the
providers and are not within The Pool Whisperer, LLC's control.

Disclosure of Information
The Pool Whisperer, LLC may not use or disclose the information provided by you except
under the following circumstances:
● as necessary to provide services or products you have ordered;
● in other ways described in this Policy or to which you have otherwise consented;
● in the aggregate with other information in such a way so that your identity cannot
reasonably be determined;
● as required by law, or in response to a subpoena or search warrant;
● to outside auditors who have agreed to keep the information confidential;
● as necessary to enforce the Terms of Service on our website;
● as necessary to maintain, safeguard and preserve all the rights and property of The
Pool Whisperer, LLC.

Non-Marketing Purposes
The Pool Whisperer, LLC greatly respects your privacy. We do maintain and reserve the right
to contact you if needed for non-marketing purposes (such as bug alerts, security breaches,
account issues, and/or changes in The Pool Whisperer, LLC products and services, or changes
to this Policy). In certain circumstances, we may use our website, newspapers, or other public
means to post a notice.

Children under the age of 13
The Pool Whisperer, LLC's website is not directed to, and does not knowingly collect personal
identifiable information from, children under the age of thirteen (13). If it is determined that
such information has been inadvertently collected on anyone under the age of thirteen (13), we
shall immediately take the necessary steps to ensure that such information is deleted from our
system's database, or in the alternative, that verifiable parental consent is obtained for the use
and storage of such information. Anyone under the age of thirteen (13) must seek and obtain
parent or guardian permission to use this website.

Unsubscribe or Opt-Out
All users and visitors to our website have the option to discontinue receiving communications
from us by way of email or newsletters. To discontinue or unsubscribe from our website please
send an email that you wish to unsubscribe to office@texaspoolwhisperer.com. If you wish to
unsubscribe or opt-out from any third-party websites, you must go to that specific website to
unsubscribe or opt-out. The Pool Whisperer, LLC will continue to adhere to this Policy with
respect to any personal information previously collected.

Links to Other Websites
Our website does contain links to affiliate and other websites. The Pool Whisperer, LLC does
not claim nor accept responsibility for any privacy policies, practices and/or procedures of
other websites. Therefore, we encourage all users and visitors to be aware when they leave our
website and to read the privacy statements of every website that collects personally
identifiable information. This Policy applies only and solely to the information collected by
our website.

Notice to European Union Users
The Pool Whisperer, LLC's operations are located primarily in the United States. If you
provide information to us, the information will be transferred out of the European Union (EU)
and sent to the United States. (The adequacy decision on the EU-US Privacy became
operational on August 1, 2016. This framework protects the fundamental rights of anyone in
the EU whose personal data is transferred to the United States for commercial purposes. It
allows the free transfer of data to companies that are certified in the US under the Privacy
Shield.) By providing personal information to us, you are consenting to its storage and use as
described in this Policy.

Security
The Pool Whisperer, LLC takes precautions to protect your information. When you submit
sensitive information via the website, your information is protected both online and offline.
Wherever we collect sensitive information (e.g. credit card information), that information is
encrypted and transmitted to us in a secure way. You can verify this by looking for a lock icon
in the address bar and looking for "https" at the beginning of the address of the webpage.
While we use encryption to protect sensitive information transmitted online, we also protect
your information offline. Only employees who need the information to perform a specific job
(for example, billing or customer service) are granted access to personally identifiable
information. The computers and servers in which we store personally identifiable information
are kept in a secure environment. This is all done to prevent any loss, misuse, unauthorized
access, disclosure or modification of the user's personal information under our control.
The Company also uses Secure Socket Layer (SSL) for authentication and private
communications to build users' trust and confidence in the internet and website use by
providing simple and secure access and communication of credit card and personal
information.

Acceptance of Terms
By using this website, you are hereby accepting the terms and conditions stipulated within this
Privacy Policy Agreement. If you are not in agreement with our terms and conditions, then
you should refrain from further use of our sites. In addition, your continued use of our website
following proper notification or the posting of any updates or changes to our terms and
conditions, shall mean that you agree and accept such changes.

How to Contact Us
If you have any questions or concerns regarding this Privacy Policy as it relates to our website,
please feel free to contact us at the following email, telephone number or mailing address:
Email: office@texaspoolwhisperer.com
Telephone Number: 8325155774
Mailing Address:
The Pool Whisperer, LLC
2540 FM 2920 Rd
Spring, Texas
77388

GDPR Disclosure:
If you answered "yes" to the question Does your website comply with the General Data Protection Regulation
("GDPR")? then the Privacy Policy above includes language that is meant to account for such compliance.
Nevertheless, in order to be fully compliant with GDPR regulations your company must fulfill other requirements
such as: (i) doing an assessment of data processing activities to improve security; (ii) have a data processing
agreement with any third party vendors; (iii) appoint a data protection officer for the company to monitor GDPR
compliance; (iv) designate a representative based in the EU under certain circumstances; and (v) have a protocol
in place to handle a potential data breach. For more details on how to make sure your company is fully compliant
with GDPR, please visit the official website at https://gdpr.eu. FormSwift and its subsidiaries are in no way
responsible for determining whether or not your company is in fact compliant with GDPR and takes no
responsibility for the use you make of this Privacy Policy or for any potential liability your company may face in
relation to any GDPR compliance issues.

COPPA Compliance Disclosure:
This Privacy Policy presumes that your website is not directed at children under the age of 13 and does not
knowingly collect personal identifiable information from them or allow others to do the same through your site.
If this is not true for your website or online service and you do collect such information (or allow others to do so),
please be aware that you must be compliant with all COPPA regulations and guidelines in order to avoid
violations which could lead to law enforcement actions, including civil penalties.
In order to be fully compliant with COPPA your website or online service must fulfill other requirements such as:
(i) posting a privacy policy which describes not only your practices, but also the practices of any others collecting
personal information on your site or service — for example, plug-ins or ad networks; (ii) include a prominent link
to your privacy policy anywhere you collect personal information from children; (iii) include a description of
parental rights (e.g. that you won't require a child to disclose more information than is reasonably necessary, that
they can review their child's personal information, direct you to delete it, and refuse to allow any further
collection or use of the child's information, and the procedures to exercise their rights); (iv) give parents "direct
notice" of your information practices before collecting information from their children; and (v) obtain the parents'
"verifiable consent" before collecting, using or disclosing personal information from a child. For more
information on the definition of these terms and how to make sure your website or online service is fully
compliant with COPPA please visit https://www.ftc.gov/tips-advice/business-center/guidance/childrens-onlineprivacy-
protection-rule-six-step-compliance. FormSwift and its subsidiaries are in no way responsible for
determining whether or not your company is in fact compliant with COPPA and takes no responsibility for the
use you make of this Privacy Policy or for any potential liability your company may face in relation to any
COPPA compliance issues.

California Consumer Privacy Act ("CCPA") Compliance Disclosure: The CCPA is a collection of privacy
laws enacted by the California legislature which is meant to protect Californians' personal data from being sold or
used without their consent. The requirements of the CCPA apply to, among others, businesses that (i) have a gross
annual revenue of at least $25 million dollars; or (ii) buys, receives, or sells personal information of 50,000 or
more Californian consumers, households or devices; or (iii) derives 50% or more of its revenue from the sale of
personal information. If your business meets these requirements or is otherwise based out of California, you must
comply with the requirements of the CCPA or risk facing fines, sanctions and civil penalties. For more
information about CCPA and its requirements please visit https://leginfo.legislature.ca.gov/faces/
billTextClient.xhtml?bill_id=201720180AB375. Please note that the CCPA is scheduled to be updated by January
2023 with new requirements and definitions so please be sure to check those regulations periodically to make
sure your Privacy Policy is up to date. FormSwift and its subsidiaries are in no way responsible for determining
whether or not your company is in fact compliant with the CCPA or any other privacy regulations, and takes no
responsibility for the use you make of this Privacy Policy or for any potential liability your company may face in
relation to any compliance issues.