Nevada Privacy of Information Collected on the Internet from Consumers

Purpose and General Principles

This PRIVACY NOTICE FOR NEVADA RESIDENTS supplements the information contained in the Privacy Statement of Balboa Spa and Bath Holdings, Inc. and its subsidiaries and applies to those who reside in the State of Nevada (“Nevada consumers”). We adopt this notice to comply with the Nevada Privacy of Information Collected on the Internet from Consumers Act of 2017’s amendment Nevada Senate Bill 220 (“SB220”). Any terms defined in SB220 have the same meaning when used in this notice.

The Act, as amended by Nevada Senate Bill 220, applies to “Operators,” which are defined as persons who own or operate websites or online services for commercial purposes that (1) collect and maintain “Covered Information,”which includes common examples of personally identifiable information, and (2) purposefully directs its activities toward Nevada, consummates a transaction with Nevada or a Nevada resident, purposefully avails itself of the privilege of conducting activities in Nevada, or otherwise engages in activities that establish a sufficient nexus with the state of Nevada whose activities include the collection, disclosure, license or sale of covered information. 

We may disclose personal data to a third party for a business purpose [which may include the disclosure or sale of Nevada consumers’ personal information]; subject to the right to opt-out of those sales. Should we disclose personal information for a business purpose, we may enter a contract that describes the purpose and requires the recipient, or both keep that personal information confidential and not use it for any purpose except performing the contract.

We will not collect or sell additional categories of personal information or materially different, unrelated, or incompatible purposes without providing Nevada consumers notice.

Personal Data Collection Notice

We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (“personal information”). In particular, the following categories of personal information are collected from consumers:

Exercising Opt-Out Rights

Nevada consumers have the right to request opt-out from the sale of any covered personal information, subject to certain exceptions. Making a request does not require the creation of an account. We cannot respond to requests if we cannot verify identity or authority to make the request and confirm the personal information which relates to the requestor. Personal information provided in a consumer request to will only be used to verify the requestor’s identity or authority to make the request. Balboa reserves the right to request verification of any party claiming to be a Nevada consumer.

Response Timing and Format

We endeavor to respond to a verifiable consumer request within 60 days of its receipt. We may require more time (up to 30 additional days). If applicable, the response we provide will also explain the reasons we cannot comply with a request. If it is determined that the request warrants a fee, an estimate will be communicated. We reserve the right to limit the reporting period.

Deletion or other requests may be denied for ownership or authority reasons, or if if retaining the information is necessary to:

1. Complete the transaction or which we collected the personal information, provide a good or service requested, take actions reasonably anticipated within the context of an ongoing business relationship, or otherwise perform a contract.
2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
3. Debug products or identify and repair errors that impair existing intended functionality.
4. Exercise free speech ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
5. Otherwise comply with Nevada law.
6. Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research’s achievement, if a Nevada consumerpreviously provided informed consent.
7. Enable solely internal uses that are reasonable aligned with consumer expectations based on relationship with a consumer.
8. Comply with a legal obligation.
9. Make other internal and lawful uses of that information that are compatible with the context in which a Nevada consumer provided it.

Nevada consumers may exercise their data rights by contacting us via telephone or in writing at the contact information indicated below.

Contact Information

If California or Nevada consumers have any questions or comments about this notice, our Privacy Policy, the ways in which we collect and use personal information, choices and rights regarding such use, or wish to exercise rights under California or Nevada law, as applicable, please do not hesitate to contact us via the channels found under How To Contact the Data Privacy group in this Privacy Policy. Please mark mail to the attention of Privacy Act Requests.