PRIVACY POLICY

Last Updated: 09/20/2023

BCI Walk-in Tub (“BCI Walk-in Tub”, “we”, “us”), is concerned about privacy issues and wants you to be familiar with how BCI Walk-in Tub collects, uses and discloses your information in connection with our business. Accordingly, we have created this Privacy Policy to describe our practices in connection with information that we collect through: (1) in-person interactions, such as at trade shows, during in-person market research, and at retail stores where our products are sold, to name a few, (2) phone interactions, (3) websites operated by us from which you are accessing this Privacy Policy (the “Sites”), (4) the software applications made available by us for use on or through computers and mobile devices (the “Apps”), (5) our social media pages and apps (collectively, our “Social Media Pages”), and (6) HTML-formatted email messages that we send to you that link to this Privacy Policy (collectively, including the Sites, Apps and our Social Media Pages, the “Services”). Except as otherwise expressly provided herein, this Privacy Policy does not govern our collection of information through any website not identified in this Privacy Policy or by any other means other than through the Services; nor does this Privacy Policy govern the collection of information by any of our Affiliated Entities (as defined below) or by third parties.

We encourage you to read this Privacy Policy before using the Services or submitting your personal information to us. “Personal information” is information that identifies you as an individual or relates to an identifiable individual.

Your use of the Services signifies that you agree with all terms of this Privacy Policy, so please do not use the Services if you disagree with any part of this Privacy Policy.

Policy Modifications

BCI Walk-in Tub reserves the right to make changes to this Privacy Policy. In the event that BCI Walk-in Tub makes a material change to this Privacy Policy, it will be posted here. We encourage you to check this page regularly because your continued use of the Services following any changes to the Privacy Policy will be deemed to constitute your acceptance of such change. You can determine when this Privacy Policy was last revised by referring to the “Last Updated” legend at the top of this page.

Notice Regarding Use of the Services by Children

The Services are not directed to children under the age of eighteen (18), and we request that children do not provide personal information through the Services.

How We Collect and Use Personal Information

We will collect personal information about you, such as your name, postal address, telephone and mobile numbers, email address, credit card number or other payment number, date of birth, gender, IP address, profile pictures, or social media IDs through your use of the Services, such as when you create an account or profile, order or register a product, order literature, enter contests or incentive programs, sign up for newsletters, download an App, participate in a survey, contact customer service, or otherwise do business with us or interact with the Services. We may also receive your personal information from other sources, such as affiliated entities, public databases, and cooperative databases; joint marketing partners; social media platforms; from people with whom you are friends or otherwise connected on social media platforms; as well as from other third parties. For example, if you elect to connect your social media account to your Site account, certain personal information from your social media account will be shared with us, which may include personal information that is part of your profile or your friends’ profiles.

We use your personal information to do business with you or otherwise provide the services you request from BCI Walk-in Tub such as responding to product information requests; registering products; fulfilling orders for parts, products, or customer service; initiating refunds; administering contests or incentive programs; and facilitating on-line product visualization applications and preferred products catalogs. We also use personal information to send you news about our products and promotions, to conduct online surveys, contests, other similar promotions or incentive programs via email, telephone, or postal mail, and to notify you of special events and advertising that you might be interested in. Please see the “Sweepstakes, Contests, and Other Promotions” section below for more information on participating in such activities. Further, we may also use personal information to send you important information regarding the Services, changes to our terms, conditions, and policies and/or other administrative information. Because this information may be important to your use of the Services, you may not opt out of receiving such communications. In addition, we may use the information to improve BCI Walk-in Tub’s online and other services, such as through customer service and product support, to understand consumer preferences in developing product improvements and innovations. We may also use your personal information for internal business purposes, such as optimizing users’ Services experiences and analyzing, managing, and expanding our businesses. If you apply for employment with BCI Walk-in Tub, we may use the personal information you supply to process your job application.

The Services may offer a feature that allows you to send an electronic postcard or otherwise share a message with a friend. If you choose to use this feature, we will ask you for the recipient’s name and email address, along with the text of any message you choose to include. By using this feature, you are telling us that you are entitled to provide us with the recipient’s name and email address for this purpose.

We may also use your personal information: (i) as necessary or appropriate under applicable law; (ii) where we determine that such use is necessary to comply with the request of a law enforcement or regulatory agency or other legal process; (iii) to protect our operations or those of any of the Affiliated Entities; (iv) to protect the rights, privacy, property, interests or safety of BCI Walk-in Tub, the Affiliated Entities, Services visitors, customers, business partners, employees or the public; (v) to permit us to pursue available remedies or limit the damages that we may sustain; (vi) to enforce our Terms of Use; (vii) to respond to an emergency; and (viii) in connection with any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of BCI Walk-in Tub’s business or assets (including without limitation in connection with any bankruptcy or similar proceedings).

How We Share Personal Information

BCI Walk-in Tub may share personal information collected via the Services with Affiliated Entities or other third parties as described below. You should also be aware that personal information about you may be transferred to or received by Affiliated Entities or third parties in the U.S. or in other countries, which countries may have different privacy regulations than those applicable in the country where you reside. The Affiliated Entities and third parties that receive your personal information from us are required to process your personal information in accordance with applicable law and cybersecurity/data privacy best practices.

How We Collect and Use Other Information

We may also collect other information that does not reveal your specific identity or directly relate to an individual through the Services (“other information”), such as domain, URL, browser, device and operating system information, information about visits to the Services pages, App usage data, physical location and information collected through cookies, pixel tags and other technologies, demographic information provided by you that does not reveal your specific identity, and information that has been aggregated in a manner such that it no longer reveals your specific identity.

We and our third-party service providers may collect other information in a variety of ways, including:

We may use and disclose other information for any purpose, except where we are required to do otherwise under applicable law. If we are required to treat other information as personal information under applicable law, then we may use it for all the purposes for which we use and disclose personal information.

In some instances, we may combine other information with personal information (such as combining your name with your geographic location). If we do combine any other information with personal information, the combined information will be treated by us as personal information in accordance with this Policy.

Selling of Personal Information

We do not sell your personal information or any other information we collect about you to any affiliated or unaffiliated third parties.

Retention of Personal Information

We retain Personal Information for as long as needed or permitted in light of the purpose(s) for which it was collected. The criteria used to determine our retention periods include:

User Generated Content Functions

Certain pages on the Services, including our Social Media Pages, enable users to create their own profile page or submit their own content (for example, message boards, forums, chat functionality and blogs, among other services). Any information you disclose in connection with such services may be publicly available and be read, collected, or otherwise used by anyone who visits the page on which you have chosen to comment, and you should exercise caution in deciding whether to disclose your information there. BCI Walk-in Tub cannot prevent such publicly available information from being used by others in a manner that may violate this Policy, the law, or your personal privacy and safety, and is not responsible or liable for the results of any postings or the use or disclosure of any information that you disclose via such postings.

Choice: Opt-out

If you do not wish to receive marketing-related emails from us, or if you would prefer that we do not share personal information about you collected via the Services or otherwise with Affiliated Entities or other third parties for such Affiliates Entities’ or other third parties’ marketing purposes, you may opt out of receiving such marketing-related emails and from such sharing by following the unsubscribe instructions contained in each such email.

We will endeavor to comply with your request as soon as reasonably practicable. Please note that, if you opt out as described above, we will not be able to remove personal information about you from the databases of Affiliated Entities or other third parties with which we have already shared your personal information as of the date on which we implement your opt-out request. If you wish to cease receiving marketing-related emails from such Affiliated Entities or other third parties, please contact such Affiliated Entities or other third parties directly or utilize any opt-out mechanisms set forth in their respective privacy policies or marketing-related emails.

Sweepstakes, Contests, and Other Promotions

We may operate sweepstakes, contests, raffles, and similar promotions through the Services that may require online registration with us or with third-party sponsors of such promotions. You should carefully review the rules of each promotion in which you participate through the Services, as they may contain additional important information about BCI Walk-in Tub’s or a sponsor’s use or disclosure of your personal information. To the extent that the terms and conditions of such rules concerning the treatment of personal information conflict with this Policy, the terms and conditions of such rules shall control.

Third-Party Services

The Services may contain links to other sites which are not operated by BCI Walk-in Tub. BCI WALK-IN TUB IS NOT RESPONSIBLE FOR THE PRIVACY PRACTICES OR THE CONTENT OF SUCH OTHER WEBSITES, INCLUDING WEBSITES OPERATED BY AFFILIATED ENTITIES. We provide such links only as a convenience, and the inclusion of links on the Services does not imply endorsement of the linked site by BCI Walk-in Tub. If you provide any personal information through any such third-party website, your transaction will occur on such third party’s website (and not on the Services) and the personal information you provide will be subject to the privacy policy of that third party. BCI Walk-in Tub recommends that you review the privacy policy of third-party websites arrived at from links on the Services.

In addition, we are not responsible for the information collection, usage, disclosure or security policies or practices of other organizations, such as Facebook, Apple, Google, Microsoft, or any other app developer, app provider, social media platform provider, operating system provider, wireless service provider or device manufacturer, including with respect to any personal information you disclose to other organizations through or in connection with the Apps or our Social Media Pages.

Third-Party Advertisers and Remarketing

We may use third-party advertising companies and remarketing services to advertise to you after you accessed or visited our Services. We and our third-party vendors use cookies and non-cookie technologies to help us recognize your device and understand how you use our Services so that we can improve our Services to reflect your interests and serve you advertisements that are likely to be of more interest to you.

These third-party vendors collect, store, use, process, and transfer information about your activity on our Services in accordance with their Privacy Policies and to enable us to:

Some of these third-party vendors may use non-cookie technologies that may not be impacted by browser settings that block cookies. Your browser may not permit you to block such technologies. You can use the following third-party tools to decline the collection and use of information for the purpose of serving you interest-based advertising:

You may opt out of all personalized advertising by enabling privacy features on your mobile device such as Limit Ad Tracking (iOS) and Opt Out of Ads Personalization (Android). See your mobile device Help system for more information.

We may share information, such as hashed email addresses (if available) or other online identifiers collected on our Services with these third-party vendors. This allows our third-party vendors to recognize and deliver you ads across devices and browsers. To read more about the technologies used by these third-party vendors and their cross-device capabilities please refer to the Privacy Policy of each vendor listed below.

The third-party vendors we use are:

Google Ads (AdWords)

Google Ads (AdWords) remarketing service is provided by Google Inc.

You can opt out of Google Analytics for Display Advertising and customize the Google Display Network ads by visiting the Google Ads Settings page: https://www.google.com/settings/ads

Google also recommends installing the Google Analytics Opt-out Browser Add-on – https://tools.google.com/dlpage/gaoptout – for your web browser. Google Analytics Opt-out Browser Add-on provides visitors with the ability to prevent their data from being collected and used by Google Analytics.

For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy

Bing Ads Remarketing

Bing Ads remarketing service is provided by Microsoft Inc.

You can opt out of Bing Ads interest-based ads by following their instructions: https://about.ads.microsoft.com/en-us/resources/policies/personalized-ads

You can learn more about the privacy practices and policies of Microsoft by visiting their Privacy Policy page: https://privacy.microsoft.com/en-us/PrivacyStatement

Facebook

Facebook remarketing service is provided by Facebook Inc.

You can learn more about interest-based advertising from Facebook by visiting this page: https://www.facebook.com/help/516147308587266

To opt out from Facebook’s interest-based ads, follow these instructions from Facebook: https://www.facebook.com/help/568137493302217

Facebook adheres to the Self-Regulatory Principles for Online Behavioral Advertising established by the Digital Advertising Alliance. You can also opt out from Facebook and other participating companies through the Digital Advertising Alliance in the USA https://www.aboutads.info/choices/, the Digital Advertising Alliance of Canada in Canada http://youradchoices.ca/ or the European Interactive Digital Advertising Alliance in Europe https://www.youronlinechoices.eu/, or opt out using your mobile device settings.

For more information on the privacy practices of Facebook, please visit Facebook’s Data Policy: https://www.facebook.com/privacy/policy/

Security of Personal Information

BCI Walk-in Tub takes measures designed to protect personal information collected through the Services against unauthorized access, disclosure, alteration, or destruction. Unfortunately, however, no security system or system of transmitting data over the Internet can be guaranteed to be entirely secure. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), please immediately notify us in accordance with the “Questions” section below.

For your own protection, we encourage you not to include sensitive personal information, such as payment card information, in any emails you may send to us. BCI Walk-in Tub will not request sensitive personal information in our emails to you.

Jurisdictional Issues

Your personal information may be stored and processed in any country where we have facilities, where our Affiliated Entities are located, or in which we engage service providers, and by using the Services you understand that your information will be transferred to countries outside of your country of residence, which may have data protection rules that are different from those of your country. In certain circumstances, courts, law enforcement agencies, regulatory agencies or security authorities in those other countries may be entitled to access your personal information.

Questions

If you have any questions about this Policy or how BCI Walk-in Tub processes your personal information, you may contact us at 1-800-822-7905.

ADDITIONAL INFORMATION REGARDING CALIFORNIA, COLORADO, CONNECTICUT, UTAH, AND VIRGINIA

Collection, Disclosure, Sale, and Sharing of Personal Information

The following chart details which categories of Personal Information we collect and process, as well as which categories of Personal Information we disclose to third parties for our operational business purposes, including within the 12 months preceding the date this Privacy Policy was last updated. The chart also details the categories of Personal Information that we “sell” or that we “share” for purposes of cross-context behavioral or targeted advertising, including within the 12 months preceding the date this Privacy Policy was last updated.

CATEGORIES OF PERSONAL INFORMATIONDISCLOSED TO WHICH CATEGORIES OF THIRD PARTIES FOR OPERATIONAL BUSINESS PURPOSESSOLD TO WHICH CATEGORIES OF THIRD PARTIESSHARED WITH WHICH CATEGORIES OF THIRD PARTIES FOR CROSS-CONTEXT BEHAVIORAL OR TARGETED ADVERTISING
Identifiers, such as name, contact information, online identifiers (ex. IP address) and Social Security numbers and other government-issued ID numbersAffiliated entities service providers; dealers and retailers; ad networks; social networks; business partners; marketing partners; other businesses; contest sponsors; legal authorities; other parties in litigationN/AAd networks, CRM, Digital Experience Analytics, Digital Experience and Testing Platforms
Personal information as defined in the California customer records law, such as name, address, telephone number, email, profile picture, social media account ID and profile pictures, date of birth, passwords and reminder questions/answers, payment card information, and information related to employment, education and experiences, preferences, and interestsAffiliated entities service providers; dealers and retailers; ad networks; social networks; business partners; marketing partners; other businesses; contest sponsors; legal authorities; other parties in litigationN/AAd networks, CRM, Digital Experience Analytics, Digital Experience and Testing Platforms
Protected Class Information, such as sex, marital status, age, race, disability, medical conditions, sexual orientation, gender identity and expression, citizenship, primary language, immigration status and military/veteran statusAffiliated entities; service providersN/AAd networks, CRM, Digital Experience Analytics, Digital Experience and Testing Platforms
Commercial Information, such as transaction information, purchase history, financial details, and payment methodsAffiliated entities service providers; dealers and retailers; ad networks; social networks; business partners; marketing partners; other businesses; contest sponsors; legal authorities; other parties in litigationN/AAd networks, CRM, Digital Experience Analytics, Digital Experience and Testing Platforms
Biometric Information, such as fingerprints and voiceprintsAffiliated entities; service providersN/ANone
Internet or network activity information, such as browsing history, online behavior, interest data, and interactions with our and other websites, applications, systems, and advertisementsAffiliated entities; service providers; marketing partnersN/AAd networks, CRM, Digital Experience Analytics, Digital Experience and Testing Platforms
Geolocation Data, such as device location and IP locationAffiliated entities; service providers; contest sponsors; marketing partnersN/AAd networks, CRM, Digital Experience Analytics, Digital Experience and Testing Platforms
Audio/Video Data. Audio, electronic, visual, and similar information, such as images and audio, video or call recordings created in connection with our business activitiesAffiliated entities; service providers; marketing partnersN/AAd networks, CRM, Digital Experience Analytics, Digital Experience and Testing Platforms
Education Information subject to the federal Family Educational Rights and Privacy Act such as student recordsAffiliated entities; service providersN/ANone
Employment Information. Professional or employment-related information, such as work history, prior employer, information relating to references, CV, details of qualifications, skills and experience, human resources data and data necessary for benefits and related administration servicesAffiliated entities; service providers; marketing partnersN/AAd networks, CRM, Digital Experience Analytics, Digital Experience and Testing Platforms
Inferences drawn from any of the personal information listed above to create a profile or summary about, for example, an individual’s preferences and characteristicsAffiliated entities; service providers; marketing partnersN/AAd networks, CRM, Digital Experience Analytics, Digital Experience and Testing Platforms
Sensitive Personal Information.• Personal Information that reveals an individual’s social security, driver’s license, state identification card, or passport number; account log-in, financial account, debit card, or credit card number in combination with any required security or access code, password, or credentials allowing access to an account; geolocation information accurate within a radius of 1850 feet or less; racial or ethnic origin, religious or philosophical beliefs, citizenship, immigration status, or union membership; the contents of mail, email, and text messages unless Company is the intended recipient of the communication; genetic data;
• Personal Information collected and analyzed concerning an individual’s health;
• Information on medical history, mental or physical health conditions, or medical treatment or diagnosis by a health care professional;
• Biometric information used for the purpose of uniquely identifying an individual;
• Personal Information collected and analyzed concerning an individual’s sex life or sexual orientation;
Affiliated entities; service providers; contest sponsors; Marketing partnersN/AAd networks, CRM, Digital Experience Analytics, Digital Experience and Testing Platforms

We do not sell Personal Information, as defined under applicable law. We have not engaged in such activities in the 12 months preceding the date this Privacy Policy was last updated. Without limiting the foregoing, we do not knowingly sell or share the Personal Information of minors under 16 years of age.

Use of Sensitive Personal Information

Subject to your consent where required by applicable law, we may use Sensitive Personal Information for purposes of providing goods or services as requested by you; ensuring security and integrity; short term transient use such as displaying first party, non-personalized advertising; performing services for our business, including maintaining and servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing financing, providing analytic services, providing storage, or providing similar services on behalf of our business; and activities relating to quality and safety control or product improvement.

Individual Requests

Subject to applicable law, you may make the following requests:

  1. You may request to know whether we process your Personal Information, and to access such Personal Information.
    1. If you are a California consumer, you may request that we disclose to you the following information covering the 12 months preceding your request:
  1. The categories of Personal Information we collected about you and the categories of sources from which we collected such Personal Information;
  2. The business or commercial purpose for collecting sharing or selling (if applicable) Personal Information about you;
  3. The categories of Personal Information about you that we sold or shared (as defined by the CCPA) and the categories of third parties to whom we sold or shared such Personal Information (if applicable); and
  4. The categories of Personal Information about you that we otherwise disclosed, and the categories of third parties to whom we disclosed such Personal Information (if applicable).
  1. If you are a California, Colorado, Virginia or Connecticut consumer, you may request to correct inaccuracies in your Personal Information;
  2. You may request to have your Personal Information deleted. If you are a California or Utah consumer, this right applies to Personal Information you provided to us.
  3. You may request to receive a copy of your Personal Information, including specific pieces of Personal Information, including, where applicable, request to obtain a copy of your Personal Information in a portable, readily usable format;
  4. You may request to opt out of targeted advertising (as defined by applicable privacy law) or the “sharing” of your Personal Information for cross-context behavioral advertising (as defined by applicable privacy law); and
  5. You may request to opt out of the “sale” of your Personal Information, as defined under applicable privacy law.
  6. If you are a Colorado, Utah or Virginia consumer, you may request to opt out of the processing of your Personal Information for purposes of profiling in furtherance of decisions that produce legal or similarly significant effects concerning you. Under Utah law, this right is limited to solely automated decisions.

We will not unlawfully discriminate against you exercising your rights applicable privacy law. To make a privacy request, please contact us at www.bci-walkintub.com/privacy-request or 1-800-822-7905. We will verify and respond to your request consistent with applicable law, taking into account the type and sensitivity of the Personal Information subject to the request. In some instances, we may decline to honor your request where the law or right you are invoking does not apply or where an exception applies. We may need to request additional Personal Information from you, such as name, email address, postal address, and purchase history to verify your identity and protect against fraudulent requests. You may make a request on behalf of a child who is under 13 years old if you are the child’s parent or legal guardian. If you make a request to delete, we may ask you to confirm your request before we delete your Personal Information.

Appeal Process

If we refuse to take action on your request, you may appeal this refusal within a reasonable period after you have received notice of the refusal. You may file an appeal by contacting us at 1-800-822-7905.

Authorized Agents

If an agent would like to make a request on your behalf as permitted under applicable law, the agent may use the submission methods noted in the section entitled “Individual Requests.” Not all kinds of requests can be made by authorized agents in all states. As part of our verification process, we may request that the agent provide, as applicable, proof concerning his or her status as an authorized agent. In addition, we may require that you verify your identity as described in the section entitled “Individual Requests” or confirm that you provided the agent permission to submit the request.

De-Identified Information

Where we maintain or use de-identified or aggregated data, we will continue to maintain and use the de-identified or aggregated data only in a de-identified or aggregated fashion and will not attempt to re-identify the data.