Watkins “Caldera Smart Monitoring App” Privacy Notice

Watkins Wellness, 1280 Park Center Drive, Vista, CA 92081, United States (“we”, “us” “our”) is the company responsible for the collection and processing of your Personal Information as described in this Privacy Policy. We know how important privacy is to our customers. We want to make sure you understand how we collect and use your Personal Information when you agree to download the Caldera Smart Monitoring App (“App”) to control, monitor and operate your Caldera Spa (“Spa").

When connecting your Spa to the internet and installing the App, the terms of this Privacy Policy apply.

What Personal Information do we collect?

“Personal Information” is information that identifies you as an individual or relates to an identifiable individual. We collect the following Personal Information about you:

• Your contact details (full name, (email) address, telephone phone number);
• Your address on a voluntary basis only. We use this to provide the best possible warranty experience
• Your ZIP Code
• Information on your use of the Spa products and services, such as on/off, duration of “on”, Water Temperature, Energy Consumption.

How do we collect your Personal Information? The Personal Information we process is provided by you, either by entering Personal Information into the App, or, if you connect the Spa to our network, through Personal Information it sends to us with regard to your use and operation of the Spa.
If you allow other users to control the spa, you will receive an alert when another device access the spa. Please ensure that when providing us with such information, you have the corresponding permissions. By sending this information to us, you confirm that you have such permissions.

How will we use your Personal Information?

We and our service providers use Personal Information for the following purposes:

• Providing the functionality of our Spa products and services and fulfilling your requests.
  • To provide the Spa functionality to you, such as arranging access to your registered account, and providing you with related customer service.
  • To respond to your inquiries and fulfill your requests, when you contact us via one of our online contact forms or otherwise, for example, when you send us questions, suggestions, compliments or complaints, or when you request a quote for or other information about our Spa products and services.
  • To complete your transactions, verify your information, and provide you with related customer service.
  • To send administrative information to you, such as changes to our terms, conditions, and policies.
  • To allow you to send messages to another person through the Spa services if you choose to do so.
We will engage in these activities to manage our contractual relationship with you and/or to comply with a legal obligation.

• Providing you with our newsletter and/or other marketing materials and facilitating social sharing.
  • To send you marketing related emails, with information about our products and services, new products, and other news about our company.
  • To facilitate social sharing functionality that you choose to use.
We will engage in this activity with your consent or where we have a legitimate interest.

• Analyzing Personal Information for business reporting.
  • To analyze or predict our users' preferences in order to prepare aggregated trend reports on how our digital content is used, so we can improve our products and services
We will do this based on our legitimate interests.

• Aggregating and/or anonymizing Personal Information.
  • We may aggregate and/or anonymize Personal Information so that it will no longer be considered Personal Information. We do so to generate other data for our use, which we may use and disclose for any purpose, as it no longer identifies you or any other individual.

• Accomplishing our business purposes.
  • For data analysis, for example, to improve the efficiency of our products and services;
  • For audits, to verify that our internal processes function as intended and to address legal, regulatory, or contractual requirements;
  • For fraud and security monitoring purposes, for example, to detect and prevent cyberattacks or attempts to commit identity theft;
  • For developing new products and services;
  • For enhancing, improving, repairing, maintaining, or modifying our current products and services, as well as undertaking quality and safety assurance measures;
  • For identifying usage trends, for example, understanding which parts of our products and services are of most interest to users;
  • For determining the effectiveness of our promotional campaigns, so that we can adapt our campaigns to the needs and interests of our users; and
  • For operating and expanding our business activities, for example, understanding which parts of our products and services are of most interest to our users so we can focus our energies on meeting our users' interests.

We engage in these activities to manage our contractual relationship with you, to comply with a legal obligation, and/or based on our legitimate interest.

How do we share your Personal Information?

We disclose Personal Information:

• To our affiliates for the purposes described in this Privacy Policy. You can consult the list and location of our affiliates.
• To our third party service providers, to facilitate services they provide to us. These can include providers of services such as website hosting, data analysis, payment processing, order fulfillment, information technology and related infrastructure provision, customer service, email delivery, auditing, and other services.

Other Uses and Disclosures

We also use and disclose your Personal Information as necessary or appropriate, in particular when we have a legal obligation or legitimate interest to do so:

• To comply with applicable law and regulations. This may include laws outside your country of residence.
• To cooperate with public and government authorities.
• To respond to a request or to provide information we believe is necessary or appropriate. These can include authorities outside your country of residence.
• To cooperate with law enforcement. For example, when we respond to law enforcement requests and orders or provide information, we believe is important.
• For other legal reasons, such as to enforce our terms and conditions and to protect our rights, privacy, safety, or property, and/or that of our affiliates, you or others
• In connection with a sale or business transaction. We have a legitimate interest in disclosing or transferring your Personal Information to a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer, or other disposition of all or any portion of our business, assets, or stock (including in connection with any bankruptcy or similar proceedings).

How do we store and secure your Personal Information?

We store Personal Information in Spa Applications that are hosted on servers located in the USA and are subject to strict IT security protocols. We seek to use reasonable organizational, technical, and administrative measures to protect Personal Information within our organization. However, please note that although we take steps to protect your information, no system is ever completely secure. If you have reason to believe that your interaction with us is no longer secure, please immediately notify us by using contact details provided below.

What are your rights?

We would like to make sure you are fully aware of all of your Personal Information protection rights. If you would like to request to access, correct, update, suppress, restrict, or delete Personal Information, object to or opt out of the processing of Personal Information, or if you would like to request to receive a copy of your Personal Information for purposes of transmitting it to another company (to the extent these rights are provided to you by applicable law), you may contact us by using contact detail provided below. We will respond to your request consistent with applicable law.

If you would like to exercise any of these rights, please contact us by emailing us at
Personal Information Protection data.protection.EU@watkinsmfg.com, or by contacting us via the following addresses:

For European Customers:
Watkins Belgium, Siemenslaan 10, 3650 Dilsen-Stokkem, Belgium

For UK Customers:
Watkins Distribution UK, Little Boyton Hall, Roxwell, Essex, CM1 4LN, United Kingdom

For all other Customers:
Watkins Wellness, 1280 Park Center Drive,Vista, CA 92081, United States

What types of cookies do we use?

We do not use cookies.

How long do we retain Personal Information?

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

• The length of time we have an ongoing relationship with you and provide the Spa services to you (for example, for as long as you have an account with us or keep using the Spa services);
• Whether there is a legal obligation to which we are subject (for example, certain laws require us to keep records of your transactions for a certain period of time before we can delete them); or
• Whether retention is advisable in light of our legal position (such as in regard to applicable statutes of limitations, litigation, or regulatory investigations).

Third party services

This Privacy Policy does not address, and we are not responsible for, the privacy, information, or other practices of any third parties, including any third party operating any website or service to which our Spa products and/or services link. The inclusion of a link in our Spa products and/or services does not imply endorsement of the linked site or service by us or by our affiliates.

Use of Spa services by minors

Our Spa services are not directed to individuals under the age of sixteen (16), and we do not knowingly collect Personal Information from individuals under 16

Cross-border transfers

Your Personal Information may be stored and processed in any country where we have facilities or in which we engage service providers, and by using our Spa services, you understand that your information will be transferred to countries outside of your country of residence, including the United States, 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.

ADDITIONAL INFORMATION REGARDING THE EEA: Some non-EEA countries are recognized by the European Commission as providing an adequate level of data protection according to EEA standards (the full list of these countries is available at https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/adequacy-protection-personal-data-non-eu-countries_en. For transfers from the EEA to countries not considered adequate by the European Commission, we have put in place adequate measures, such as standard contractual clauses adopted by the European Commission to protect your Personal Information. You may obtain a copy of these measures by contacting us by using the contact details provided below.

Sensitive information

Unless we request it, we ask that you not send us, and you not disclose to us, any sensitive Personal Information (e.g., social security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, biometrics or genetic characteristics, criminal background, or trade union membership) when using our Spa products and services.

Changes to our privacy policy

We keep our Privacy Policy under regular review and place any updates. This Privacy Policy was last updated on 12/15/2021. Any changes will become effective when we post the revised Privacy Policy on our Spa products/services.

How to contact us

If you have any questions about this Privacy Policy, Personal Information we hold on you, or you would like to exercise one of your Personal Information protection rights, please do not hesitate to contact us by using the contact details provided below.

For European Customers, you can contact our Belgian subsidiary:
+32 (0) 896 232 70

Or data.protection.eu@watkinsmfg.com

ADDITIONAL INFORMATION REGARDING THE EEA: You may also lodge a complaint with an EU/EEA data protection authority for your country or region where you have your habitual residence or place of work or where an alleged infringement of applicable data protection law occurs. A list of data protection authorities is available at http://ec.europa.eu/newsroom/article29/item-detail.cfm?item_id=612080.