Privacy Policy

Effective as of March 1, 2020

This Privacy Policy applies to the website and all other online properties (“Site”) operated by Motion Sports of America, LLC dba O’Brien and our affiliates (“the Company”, “we”, or “us”). The use of the Site, including the purchase of any goods manufactured by us bearing the marks “O’Brien”, “Hydroslide”,  or “Margaritaville Pool” (“Products”), and other offline communications, is subject to the following privacy policy (“Privacy Policy”). Please read this Privacy Policy carefully. By using this Site, you agree to this Privacy Policy as well as any other terms, guidelines or rules that apply to any portion of this Site, without limitation or qualification. If you do not agree to this Privacy Policy, then you must exit the Site immediately and discontinue any use of the information obtainable or accessible through the Site. If you have any questions about the Privacy Policy, please contact us at webcontact@obrien.com.

I. COLLECTED INFORMATION

This Privacy Policy explains how the Company may collect, use, and disclose Personal Information (defined below) we obtain through the Site, your communications with us, or from third parties. “Personal Information” means information that alone or when in combination with other information may be used to readily identify, contact, or locate you, such as: name, address, email address, or phone number. We do not consider Personal Information to include information that has been anonymized such that it does not allow a third party to easily identify a specific individual.

The Company may collect both Personal Information and browsing information from you. Such information may include:

• Passive Collection. The Company collects and stores information that is generated automatically as you use it, including your preferences and anonymous usage statistics. This information may include Internet protocol (IP) addresses, browser type, Internet service provider (ISP), referring/exit pages, the files viewed on our site (e.g., HTML pages, graphics, etc.), operating system, date/time stamp, and/or clickstream data.
• Tracking Technologies. The Company and its partners use cookies, pixels, server logs, and other similar technology to analyze trends, administer the website, track users’ movements around the website, and to gather demographic information about our user base as a whole. You can control the use of cookies at the individual browser level, but if you choose to disable cookies, it may limit your use of certain features or functions on our website or service.
• Submissions to the Site. The Company collects information you submit to the Site. If you choose to submit content to any public area of the Site, such content will be considered “public” and will not be subject to the privacy protections set forth herein.
• Communication with Us. We may also collect Personal Information from you when you communicate with us.

II. USE OF INFORMATION

We may use and retain information, including Personal Information, for various purposes, including without limitation: (i) provide, maintain and improve our Site and Products; (ii) perform our contractual obligations and send you related information; (iii) process your orders and payment; (iv) conduct internal research and development and make business decisions about current and future product and service offerings; (v) respond to your comments, questions and requests and provide customer service; (vi) communicate with you about the Products, services, offers, promotions, rewards, and events; (vii) monitor and analyze trends, usage and activities; (viii) detect, protect against and prevent security incidents and illegal or unauthorized activities, investigate complaints and claims, and provide other security protections, such as identity verification; (ix) comply with and enforce applicable legal and regulatory obligations, and respond to governmental requests; and (x) carry out any other purpose readily apparent to you or described to you at the time the Personal Information is collected.

III. DISCLOSURE OF YOUR INFORMATION

We may share your information, including Personal Information, for various purposes, including without limitation: (i) with vendors, consultants and other service providers who need access to such information to carry out work on our behalf; (ii) inn response to a request for information if we believe disclosure is in accordance with any applicable law, regulation or legal process or as otherwise required by any applicable law, rule or regulation; (iii) if we believe your actions are inconsistent with our user agreements or policies or to protect the rights, property and safety of us or any third party; (iv) in connection with, or during negotiations of, any merger, sale of company assets, financing or transfer of all or a portion of our business to another company; (v) by publicly posting, at our discretion, your submissions, reviews, or other user content if you provide one; (vi) with your consent or at your direction; and (vii) promoting our services and the services of our affiliates and trusted business partners as permitted by applicable privacy law.

You expressly agree and consent to the use and/or transfer of the foregoing information in connection with any of the above described proceedings. We cannot and will not be responsible for any breach of security by any third party or for any actions of any third party that receives any of the information that is disclosed to us.

IV. THIRD PARTY SITES AND SOCIAL MEDIA PLATFORMS

The Site may contain links to other websites and other websites may reference or link to our Site. These other domains and websites are not controlled by us. We encourage our users to read the privacy policies of each and every website and application that they interact with. We do not endorse, screen or approve, and are not responsible for the privacy practices or content of such other websites or applications. Visiting these other websites or applications is at your own risk.

The Site also contains links and interactive features with various social media platforms. If you already use these platforms, their cookies may be set on your device when using our Site. You should be aware that Personal Information which you voluntarily include and transmit online in a publicly accessible blog, chat room, social media platform or otherwise online, or that you share in an open forum may be viewed and used by others without any restrictions. We are unable to control such uses of your information when interacting with a social media platform, and by using such services you assume the risk that the Personal Information provided by you may be viewed and used by third parties for any number of purposes.

V. SECURITY OF YOUR INFORMATION

We take reasonable steps to ensure that your information is treated securely and in accordance with this Privacy Policy. We follow generally accepted standards to protect Personal Information submitted to us, both during transmission and once it is received. Unfortunately, the Internet cannot be guaranteed to be 100% secure, and we cannot ensure or warrant the security of any information you provide to us. We do not accept liability for unintentional disclosure.

By using the Site or providing Personal Information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Site. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Site or sending an e-mail to you. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

VI. CHILDREN’S PRIVACY

We do not knowingly collect, maintain, or use Personal Information from children under 13 years of age, and no part of the Site is directed to children under the age of 13. If you learn that your child has provided us with Personal Information without your consent, you may alert us at webcontact@obrien.com. If we learn that we have collected any Personal Information from children under 13, we will promptly take steps to delete such information.

VII. YOUR CHOICES

Most web browsers are set to accept cookies by default. If you prefer, you can usually set your browser to remove or reject cookies. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of the Site.

By using the Site, you will transfer data to the United States. Your choice to visit the Site or otherwise provide information to us, you agree that any dispute over privacy or the terms contained in this Privacy Policy will be governed by the law of the State of Ohio and the adjudication of any disputes arising in connection with the Company or the Site will be in accordance with the terms herein. If you are visiting from the European Union or other regions with laws governing data collection and use, please note that you are agreeing to the transfer of your information to the United States and processing globally. By providing your information you consent to any transfer and processing in accordance with this Privacy Policy.

VIII. MODIFICATION

From time to time we review the Privacy Policy to ensure that it complies with applicable law. Consequently, we reserve the right to update, modify, and revise this Privacy Policy at any time. You will know if this Privacy Policy have been revised since your last visit to the website by referring to the “Effective Date” at the top of this page. Your use of the Site constitutes your acceptance of this Privacy Policy.

IX. GENERAL

This Privacy Policy is governed by the Terms and Conditions. The Terms and Conditions are hereby incorporated into this Privacy Policy by reference. This Privacy Policy (including any document expressly incorporated herein) constitute the entire agreement between you and the Company with respect to the privacy practices of the Company and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written with respect to this Site. If any provision of this Privacy Policy or any application thereof shall be invalid or unenforceable, the remainder of this Privacy Policy and any other application of such provision shall not be affected thereby.