Legal notices and privacy policy

Publisher

In accordance with article 6 III-1 of law no.2004-575 of 21 June 2004 for digital business, we inform you that the present website is the property of Hayward Pool Europe, P.I. de la Plaine de l'ain, Allée des chênes , 01150 Saint Vulbas - France

Conditions of use

Hayward Pool Europe makes services available for the visitor on this website. To use these services, the visitor must respect the following conditions of use. If the visitor does not accept these conditions, Hayward Pool Europe asks that he or she leave the website.

Website content

This website is provided as a service to the people who visit it. Hayward Pool Europe reserves the right to delete, modify, or add to information provided on this website and any time and for any reason without a need for prior warning.

The user recognises having been informed that the present website is accessible 24 hours a day and 7 days a week except for cases of force majeure, computer difficulties, difficulties associated with the structure of the communications networks or technical difficulties.

For maintenance reasons, Hayward Pool Europe may shutdown the website and would then inform the users prior to the shutdown.

Pour des raisons de maintenance, Hayward Pool Europe pourra interrompre le site et s'efforcera d'en avertir préalablement les utilisateurs.
 

Intellectual property

The general structure, software, texts, animated and regular images, sounds, expertise and all other elements comprising the website are the property of Hayward Pool Europe. The user is authorised to consult the data for his or her own personal non-commercial use, excluding all commercial operations on a local, national and international level.

Hayward Pool Europe reminds visitors that no logo, text, sound, graphic or image contained in the website can be partially or wholly copied, reproduced, modified, published, sent, posted, transmitted or distributed by any means without prior written consent. Any total or partial representation of the website without express authorisation from Hayward Pool Europe is forbidden and would represent fraud sanctioned by articles L.335-2 and following in the Intellectual Property Code.

Hypertext links

The pages on this website could contain links to other websites or from other websites. Hayward Pool Europe cannot guarantee the content of these other websites and cannot be held responsible for any damages resulting from the use of the content of these websites. Links to other websites are only provided for the convenience of the website visitor.

Hayward Pool Europe is not responsible for the existence and content of links from other websites to its own website. Website visitors and users cannot add a hyperlink to this website without prior written authorisation from Hayward Pool Europe.

Liability

Hayward Pool Europe cannot be held responsible for any direct or indirect damage resulting from shutdown or dysfunction of any kind for whatever reason or any direct or indirect damage that would result, in any way, from connection to the website. The connection of any person to the website is the responsibility of that person.

Hayward Pool Europe works hard to offer website visitors available and verified information and/or tools but cannot be held responsible for any errors, the absence of available information and/or the presence of a virus on its website. The information supplied by Hayward Pool Europe is an indication only. Hayward Pool Europe cannot guarantee the exactitude, exhaustiveness and topicality of the information on its website. Consequently, the visitor recognises that use of this information is his or her exclusive responsibility.

PRIVACY POLICY

Effective Date: 25 May 2018

Welcome to Hayward Pool Europe S.A.S (U) (hereinafter “Hayward,” “we” or “us”), this privacy policy and our website at www.hayward.co.uk (including all content under other domain names redirected to this one and referred to herein as the “Website”). This notice (“Privacy Policy”) is included with and supplements our Website on the Terms & Conditions part. Any Hayward content and materials provided to you via email and via the Website are referred to herein and in the Terms & Conditions document as “Content.”

This Privacy Policy explains our online information collection and use practices, and the choices you can make about 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 email addresses in order to allow us to communicate more efficiently with our customers and to keep them informed of our new Products and promotions. It is important that you take the time to read and understand this Privacy Policy, so that you can appreciate how we use your personal information. REMEMBER, WHEN YOU USE OR ACCESS THE WEBSITE, WE WILL ASK YOU TO AGREE TO THIS PRIVACY POLICY. AS WE UPDATE THE WEBSITE OR EXPAND OUR SERVICES, WE MAY CHANGE THIS PRIVACY POLICY, GIVING YOU NOTICE, HOWEVER, PLEASE REVIEW IT FROM TIME TO TIME.

This Privacy Policy is subject to the provisions of the EU General Data Protection Regulation ("GDPR") and other applicable privacy laws. Hayward agrees that under the GDPR, 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 is therefore often referred to as Personally Identifiable Information ("PII").

Who Collects Your Information on Our Website?

We do, as the Data Controller. HAYWARD POOL EUROPE, S.A.S (U) PARC INDUSTRIEL PLAINE DE L’AIN, 1070 ALLEE DES CHENES, 01150 SAINT VULBAS, FRANCE, VAT No. FR27 421 317 371.
Under the GDPR, we are what is known as the “Controller” of the Personal Data that you provide to us. We collect information from you, and we are responsible for protecting that information. We collect consumer information from "Contact Us" forms on our Website, such as “Configure your Equipment”, “Subscribe to the free newsletter”, “Find your dealer”, “Register your Warranty”, “Ideas and tips”, “User and password” and from your records, such as Totally Hayward Partner enquiries made through our call centre, rebate coupons and warranty registrations mailed to our various clearing houses. 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 email addresses and mobile numbers is limited solely to customers who volunteer their information specifically to opt in to our distribution list.
 

What Information Do We Collect?

A. 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, add you to our email list, or fulfil your requests for information. In our consumer newsletter, we ask you for PII (such as your name, address, telephone number, email address, etc.). 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 information we collect and save may include:
 

• Contact and account registration information such as name, email address, physical address, phone number and business information;
• Information you provide under ‘Register your Warranty’;
• Information you provide under ‘Find your dealer’;
• Information you provide under ‘Subscribe to the free newsletter’;
• Information you provide under ‘Configure your equipment’;
• 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 covering use of the Website or Content.

B. 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.
 

Why Is My Information Being Collected?

We need to collect your personal information so that we can:
a. Respond to your requests for information or demonstrations or to be added to our emailing lists, to process your requests for purchases or for information as a consumer, potential retailer or other business partner, (based on your free consent).
b. Register an extended Warranty for you on some of our products, (as permitted by the legitimate interest of the business relationship).
c. Allow you to ‘Contact a sales representative’, (based on your free consent) and to contact after-sales service.
d. Allow you to ‘Subscribe to the free newsletter’; Access to some parts of the Website may be subject to your express acceptance. (based on your free consent).
e. Help you to select your swimming pool equipment, (based on your free consent).
f. Facilitate access to our Totally Hayward programme, if you subscribe to it, (based on the legitimate interest of the business relationship)
g. Send our Hayward Newsletter to the individuals on our email list. We send other communications, such as announcements of promotions, rebates and events coming to local Authorised Hayward retailers via email and text messages (SMS). We use our opt-in list to keep our customers informed of promotions and sales events, (based on your free consent).
h. We also collect aggregate information to help us improve the design of the Website and Content. We collect log information for monitoring purposes, to help us to diagnose problems with our servers, to administer the Website, calculate usage levels, and otherwise provide services to you.
 

How Do We Use the Information We Collect?

A. We use the personal information you provide for the purposes for which you have submitted it, including:
 

• Responding to Your Enquiries and Fulfilling Your Requests. We may use your PII to respond to your enquiries and to fulfil your requests for information.
• Creating and Maintaining User Accounts. We use your PII to create and maintain an account for you, so that you can purchase and use the Products we make available on the Website.
• 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.
• Offering a warranty extension on our products.
• Action requested via ‘Contact a sales representative’.
• Sending you our newsletters with useful information on our products and our companies.
• Helping you to select your swimming pool equipment.
• Sending Administrative Emails. We may use your PII to send you emails in order to: (a) confirm your account and your other PII, (b) provide you with information regarding the Website (c) inform you of changes to this Privacy Policy, to our Terms and Conditions or to any of our other policies.

B. We may use anonymous information that we collect to improve the design and content of our Website, and to enable us to personalise your Internet experience. We may also use this information in the aggregate to analyse how our Website is used, to analyse industry trends and to offer you programmes or services.
 

Do We Share Your Personal Information?

In general, we will not share your personal information, other than: (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 organisation or others from harm (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, harm to or interference with the rights or property of others); or (d) on a confidential basis with persons or organisations with whom we contract to carry out internal Website, marketing and business operations or as necessary to manage the Website or Content. With your knowledge and consent, we may share your personal information with our business partners. We may also share aggregate information with others, including affiliated and non-affiliated organisations. Finally, we may transfer your personal information to our legal successor in the event of an acquisition, sale, merger or bankruptcy.
 

Are There Other Ways My Personal Data Could Be Shared?

A. Your PII may be communicated to other companies that Hayward Pool Europe S.A.S (U) has commissioned to provide relevant and necessary services covering professional tasks such as security, computing hosting or mailing, and to other group companies for internal administrative purposes, to check data on products whose warranty is being extended or for the purpose of providing you with a better service.

B. You may elect to share certain personal information with individuals or with the public via your use of the Website. For example, the Website may enable 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.

C. If we intend to use your personal information 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 information for any purposes other than those described in this Privacy Policy, we will offer you an effective way to opt out of the use of your personal information for these other purposes.
 

How Can You Access and Control Your Information?

You can access your personal data, rectify any errors and ask for it to be deleted when it is not needed. You also have the right to portability of your data. In certain circumstances you may ask for restrictions to be placed on the processing of your data and object to it being processed, in which case it will be retained solely for the purpose of pursuing or defending claims, provided there is no compelling legitimate interest and this request does not involve the breach of a legal obligation. You can exercise your rights over your personal data by writing to the email dpheurope@hayward.com, accompanying your request with a copy of an ID document, indicating "data protection" in the subject line and clearly specifying which right(s) you want to exercise. After registering for an account on the Website, you may log in to the account and edit the personal information held in your profile. If you would like to be deleted from our distribution list, inform us of a change of address or notify us that you are receiving duplicate mailings, please contact us and explain the situation. We will do our best to comply promptly with your request. To remove your name from our email list, please send “Unsubscribe” to the following address dpheurope@hayward.com.For instructions on how you can further access your personal information that we have collected, or on how to correct errors in such information, please send an email to dpheurope@hayward.com. We will also promptly stop using your information and remove it from our servers and database, following your email request. To protect your privacy and security, we will take reasonable steps to help verify your identity before granting you access to your account, making corrections or removing your information.

How Do We Store and Protect Your Information?

A. After receiving your personal information, we will store it on our Website systems. We have physical, electronic and managerial procedures in place to safeguard and help prevent unauthorised access, maintain data security, and ensure that the information we collect is used properly. 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 guarantee the security of any information you transmit to or receive from us, or that we store on our own or our service providers' systems.

B. We restrict access to personal information to our employees, contractors and agents who need to know this information in order to operate, develop or improve our Products and services. These individuals are bound by confidentiality obligations and may be subject to disciplinary measures, including termination of their employment and criminal prosecution, if they fail to meet these obligations.

C. If you are visiting the Website from outside the EU, you understand that your connection will be via and to servers located within the EU, and the information you provide will be securely stored on our web servers and internal systems located within the EU.

D. We will store your personal information until such time as you ask us to remove it from our servers. We store our logs and other technical records indefinitely.
 

How Do We Use Cookies and Other Network Technologies?

A. To enhance your online experience with us, our web pages may already be using or may 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 email 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 on the cookie. Most web browsers are set up to accept cookies but you can reset your browser to refuse all cookies or to indicate when a cookie is being sent. Some features of the Website, however, may not function properly if your cookies are disabled.

B. 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 customised 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.

C. 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.
 

Collection of Information by Others

Our Terms and Conditions document identifies certain third party websites to which you may be redirected if you click on certain links 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.
 

Information on Children and Young People

We do not knowingly collect any information from minors, and we comply with all applicable privacy laws including the GDPR. If you have concerns about this Website or its Content, wish to find out whether your child has accessed our Content, or wish to remove your child's personal information from our servers, please contact us at dpheurope@hayward.com. Our Website will not knowingly accept personal information from anyone aged under 18, in violation of applicable laws, and without the consent of a parent or guardian. In the event that we discover that a child under the age of 18 has provided PII to us, we will endeavour to delete the child’s information. If you believe that your child under 18 has gained access to our Website without your permission, please contact us at dpheurope@hayward.com

Changes to this Policy

Because our business needs may change over time, we reserve the right to modify this Privacy Policy. If at any time in the future we plan to use your PII in a way that differs from this Privacy Policy, we will revise this Privacy Policy as appropriate. In the event of a change to our Privacy Policy, we will email the updated policy to the email 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.
 

Our Contact Information

If you have any questions or concerns about this Privacy Policy, please contact us via email at dpheurope@hayward.com or by letter at HAYWARD POOL EUROPE, S.A.S (U) PARC INDUSTRIEL PLAINE DE L’AIN, 1070 ALLEE DES CHENES, 01150 SAINT VULBAS, FRANCE.

Copyright © Hayward Holdings, Inc. All rights reserved. The Website is the property of and is protected by 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, colours, and designs appearing on it.