Privacy Policy

Privacy Policy

Thank you for your interest in Pool Safety Cam, We respect your privacy, and this policy covers Pool Safety Cam’s handling, use, and disclosure of information collected from you through the use our products and Services. When we refer to our “Services” in this Policy, we mean our website (https://poolsafetycam.com.au/, hereafter, the “Site”), apps and other online services, including the online services we provide for our Devices. Any reference to “Devices,” means Pool Safety Cam’s hardware products, including our cameras, sensors, and other devices.

Acceptance

You should review this policy carefully, and be sure you understand it, prior to using the Site or otherwise providing any information to Pool Safety Cam. Your use of the Site, providing any information to Pool Safety Cam or any other indication of your assent is deemed to be acceptance by you of this policy. If you do not agree to this policy, you should not use, and should immediately terminate your use of, the Site and not otherwise provide any information to Pool Safety Cam. For purposes of this Section, accessing the Site only to review this policy is not deemed to be use of such Site.

Information

In this policy:

Analytical Information
means all Non-Personal Information obtained through the use of cookies (or other tracking technologies) and server log files (including, but not limited to, (i) your search terms, (ii) your computer’s access date and time, browser, connection speed, Internet service provider, language, location, manufacturer, visit details, and operating system, and (iii) whether or not you opened e-mail messages and other electronic communications from Pool Safety Cam, and if you did, the times they were opened);

Collected Information
means all (i) Personal Information and (ii) Non-Personal Information;

Non-Personal Information
means all information collected by Pool Safety Cam, whether electronically or manually, through (i) the Site, (ii) e-mail messages and other electronic communications that you may send to Pool Safety Cam, (iii) the Pool Safety Cam app, and (iv) other sources in the ordinary course of Pool Safety Cam’s business, that is not Personal Information (including, but not limited to, any Analytical Information); and

Personal Information

means all information collected by Pool Safety Cam, whether electronically or manually, through (i) the Site, (ii) e-mail messages and other electronic communications that you may send to Pool Safety Cam, (iii) the Pool Safety Cam app; and (iii) other sources in the ordinary course of Pool Safety Cam’s business, that relates to an individual and that identifies, or can be used in conjunction with other readily-accessible information to identify, such individual (including, but not limited to, name, government and professional licensing information, e-mail address, physical address, phone number, bank account and credit card information, and human resource data relating to employees and independent contractors of Pool Safety Cam).

Collection

Except for any Collected Information obtained automatically through the Site as set forth in this policy, no Collected Information is obtained from you, unless it is voluntarily provided. For example, Pool Safety Cam will obtain Collected Information from customers who place product orders on the Site, set-up a Device, or register for an account when downloading the Pool Safety Cam app. Regardless of the method used to obtain Collected Information, Pool Safety Cam will only collect and retain Personal Information in a manner that is consistent with the purposes for which it is provided and Pool Safety Cam’s other legitimate business purposes (including, but not limited to, marketing). Pool Safety Cam will have no liability in connection with your providing Pool Safety Cam with any information without you having first obtained the requisite approvals, authorisations, consents, permissions, permits, or having entered into a business associate agreement with Pool Safety Cam.

Choice

You may refuse to provide any information to Pool Safety Cam at any time by terminating your use of the Site, the Pool Safety Cam app, or in all other cases not involving use of the Site, by notifying Pool Safety Cam as set forth in Section 19. If you refuse to provide any information when requested to do so by Pool Safety Cam, the Site or the app, you may not be able to access, or otherwise receive the benefits of, certain Devices and Services from Pool Safety Cam or features of the Site or app.

Electronic Communications

Whether or not you have previously sent Pool Safety Cam an e-mail message, you consent to Pool Safety Cam’s sending you e-mail messages and other electronic communications (a) in connection with your use of the Site, (b) in the ordinary course of business, or (c) for any other legitimate business purpose (including, but not limited to, marketing). Since Pool Safety Cam endeavors to send e-mail messages and other electronic communications only to individuals desiring to receive them, you can unsubscribe to such e-mail messages or other electronic communications at any time by contacting Pool Safety Cam as set forth in Section 19 or by following the directions contained in such e-mail messages or other electronic communications. Any request to unsubscribe to e-mail or other electronic communications will likely be effective within 48 hours after your request is received by Pool Safety Cam.

Analytical Information

When you access the Site, Pool Safety Cam will collect Analytical Information. Your browser may provide you with the ability to not accept cookies, as well as the ability to delete already-existing cookies. If you refuse, or delete previously-existing cookies, you may not be able to receive the benefits of certain features of the Site.
Analytical Information will only be used by Pool Safety Cam (a) to record your use of the Site, (b) to diagnose problems with the Site, (c) to improve the Site and make it more useful to you and other users, and (d) for other legitimate business purposes of Pool Safety Cam (including, but not limited to, marketing). Pool Safety Cam will collect Analytical Information either directly or through third parties acting on its behalf. For example, Google Analytics is one of the third parties used by Pool Safety Cam to collect Analytical Information. These third parties may combine and use data collected through your use of the Site with data they collect over time and across different websites for their own purposes. You can learn about how Google collects and processes data at https://policies.google.com/technologies/partner-sites. You can also learn about the controls Google offers to manage the collection and use of your information data at https://policies.google.com/privacy.

We recommend that you review the privacy policies or notices of these third parties.

In addition to the Analytical Information collected by the Site, when your Device is connected to our Services, we will automatically collect certain data, such as when the Device is used, whether it is turned on or off, and when it is capturing video, motion or other sensor data.

Security

Except as provided in the immediately following sentence, Pool Safety Cam will use commercially reasonable efforts to protect Personal Information from loss, misuse, unauthorised access, alteration, destruction, and disclosure. Certain Personal Information posted by you on the Site may be accessible to the general public, and Pool Safety Cam is not responsible for protecting such Personal Information from loss, misuse, unauthorised access, alteration, destruction, or disclosure. For example, if you participate in a public forum on the Site, any information disclosed by you when doing so may be available to the general public. Also, since no transmission of information over the Internet or electronic storage of information is completely secure, it is possible that Collected Information could be lost, misused or accessed, altered, destroyed, or disclosed without authorisation, even if Pool Safety Cam uses such reasonable efforts. In providing information to Pool Safety Cam, you assume the risk that Collected Information could be lost, misused or accessed, altered, destroyed, or disclosed without authorisation.

Use

All Collected Information may be used by Pool Safety Cam for any legitimate purpose, including, but not limited to, the purposes for which it was collected, as well as any other legitimate business purpose (including, but not limited to, marketing). Legitimate business purposes include, processing and fulfilling orders, configuring the product, delivering the Services, communicating with you about our Services and Devices, and sending you notices, updates, security alerts and administrative information. If Pool Safety Cam expressly states in this policy or in another writing that any Collected Information will only be used for a specific purpose, Pool Safety Cam will only use such Collected Information for such purpose, unless you subsequently consent to its being used for another purpose.

Transfer/Sharing

Any Collected Information obtained by Pool Safety Cam, whether or not for a specific purpose, may be transferred to third parties designated by Pool Safety Cam for any purposes for which Pool Safety Cam could use such Collected Information. For example, we may share Collected Information with vendors and service providers that perform services for us or you, including analytics providers, cloud infrastructure providers, payments service providers, logistics providers that ship products to you, and customer support service providers. When Collected Information is so transferred, Pool Safety Cam will be responsible for such third parties’ compliance with Pool Safety Cam’s obligations pursuant to this policy.

Pool Safety Cam may also at any time, in its sole discretion, transfer any Collected Information (including, but not limited to, a computer’s Internet protocol address), whether or not you furnished such Collected Information for a specific purpose, to (a) comply with, or as permitted by, any applicable law or lawful request of a government or public authority for purposes of satisfying, among others, national security or law enforcement requirements, (b) cooperate with law enforcement, and other third parties, in investigating a claim of fraud, illegal activity, or infringement of intellectual property rights, (c) protect the rights, property or legitimate business interests of Pool Safety Cam or a third party, or (d) transfer such Collected Information to a third party acquiring all, or substantially all, of Pool Safety Cam’s assets. If Collected Information is so transferred, Pool Safety Cam will have no responsibility for any action of the third party to whom or which such Collected Information is transferred.

Transfer of Information to Other Countries

Pool Safety Cam is based in the United States and we process and store information in the U.S. and other countries. Therefore, we and our service providers may transfer your information to, or store or access it in, jurisdictions that may not provide equivalent levels of data protection as your home jurisdiction.

Third-Party Sites

The Site may contain links to, or be accessible from, websites provided by third parties (individually, a “Third-Party Site”). For example, https://www.paypal.com/au/home is one of the third party sites that can be accessed through the Site for payment processing. Your use of a Third-Party Site, such as https://www.paypal.com/au/home, will be subject to its terms of use and other provisions, and you are responsible for complying with such terms and other provisions. This policy does not cover the privacy policies or practices of any Third-Party Site, and Pool Safety Cam is not responsible for any information you submit to, or that is otherwise collected by, any Third-Party Site. Pool Safety Cam is only responsible for Collected Information obtained by it (a) through your authorised use of the Site or (b) from other sources in the ordinary course of its business. You should consult each Third-Party Site for its privacy policy or practice before submitting any information to, or otherwise using, such Third-Party Site.

Children

The Site is not intended for children under 13 years of age. However, if a parent or guardian of a child who is under 13 years of age discovers that Personal Information of such child has been submitted to Pool Safety Cam without the parent’s or guardian’s consent, Pool Safety Cam will use commercially reasonable efforts to remove such information from such Site and Pool Safety Cam’s servers upon request. To request the removal of such Personal Information, the parent, guardian or user must contact Pool Safety Cam as set forth in Section 19, and provide all information requested by Pool Safety Cam to assist it in identifying the Personal Information to be removed.

In addition, the technology utilised by Pool Safety Cam’s Devices collects images from your cameras to monitor the environment and send you both video and alerts. As a result, the Services may collect images of children under the age of 13. All images are stored for approximately thirty days by our cloud provider and then the images are overwritten. Parents who purchase Pool Safety Cam Services are consenting to the collection, use and temporary storage of these images so that Pool Safety Cam can provide the contractually required monitoring technology. When you agree to this policy, you are confirming that you consent to the collection of these images.

Applicable Law

This policy shall be governed by, and construed and interpreted in accordance with the laws of the state of New York, without regard to the principles of conflict of laws. If there is any conflict or inconsistency between any provision of this policy and any provision of any applicable law, the latter shall control.
Complaints

Any complaint by you regarding any Collected Information, or otherwise relating to this policy, must first be submitted to Pool Safety Cam as set forth in Section 19, and Pool Safety Cam must be given a reasonable opportunity of not less than 45 days to investigate and respond to your complaint. Upon Pool Safety Cam’s completing such investigation and so responding, Pool Safety Cam and you must then attempt, in good faith, to promptly resolve any remaining aspects of your complaint. If any aspect of your complaint remains unresolved after an additional reasonable period of time of not less than 45 days, you may commence litigation against Pool Safety Cam in connection with the unresolved portion of your complaint only in a court located in Rockland County, New York, and having subject matter jurisdiction over your complaint. You consent to any such court’s being a proper venue for your complaint, and waive any objection thereto based on inconvenience.

Entire Agreement

Except as set forth in this Section, this policy contains the entire agreement, and supersedes all prior oral and written agreements, proposals and understandings, between you and Pool Safety Cam, with respect to Collected Information. If you use the Site or otherwise have business dealings with Pool Safety Cam, such use or dealings will be subject to this policy, plus any other written agreement between the parties that is applicable thereto. To the extent there is any conflict or inconsistency between any provision of this policy and any provision of such other agreement, the former shall control.

Severability

Whenever possible, each provision of this policy shall be interpreted to be effective and valid under applicable law. If, however, any such provision shall be prohibited by or invalid under such law, it shall be deemed modified to conform to the minimum requirements of such law, or if for any reason it is not so modified, it shall be prohibited or invalid only to the extent of such prohibition or invalidity without the remainder of such provision, or any other provision of this policy, being prohibited or invalid.

Revisions

Pool Safety Cam may revise any provision of this policy from time to time by posting the revised provision on the Site so long as such revision does not conflict with any applicable law. Any such revision will take effect immediately upon such posting, and will apply to all Collected Information obtained by Pool Safety Cam after such posting. It is your responsibility to periodically check this policy on the Site for revisions to this policy. The latest version of this policy will always be the one posted on the Site. Any other revision to this Agreement must be in writing signed by Pool Safety Cam and User.

Expenses

Except as provided in this policy, or any applicable law, you are solely responsible for all fees and disbursements of any attorney or other advisor retained by you in connection with enforcing your rights under this policy.

Contact Information

If you have any questions or complaints, desire additional information, or need to notify Pool Safety Cam of anything, regarding this policy, please promptly contact Pool Safety Cam via email below:
E-mail:
 hello@poolsafetycam.com.au