Privacy Policy For Mobile Application

Effective Date: November 24th, 2023 Applicable To The Following Mobile Application: CPTNS

Article 1 - DEFINITIONS:

1. APPLICABLE MOBILE APPLICATION: This Privacy Policy will refer to and be applicable to the Mobile App listed above, which shall hereinafter be referred to as "Mobile App."
2. EFFECTIVE DATE: "Effective Date" means the date this Privacy Policy comes into force and effect.
3. PARTIES: The parties to this privacy policy are the following data controller: Classic Pool Tile & Stone Corporation ("Data Controller") and you, as the user of this Mobile App. Hereinafter, the parties will individually be referred to as "Party" and collectively as "Parties."
4. DATA CONTROLLER: Data Controller is the publisher, owner, and operator of the Mobile App and is the Party responsible for the collection of information described herein. Data Controller shall be referred to either by Data Controller's name or "Data Controller," as listed above. If Data Controller or Data Controller's property shall be referred to through first-person pronouns, it shall be through the use of the following: us, we, our, ours, etc.
5. YOU: Should you agree to this Privacy Policy and continue your use of the Mobile App, you will be referred to herein as either you, the user, or if any second-person pronouns are required and applicable, such pronouns as 'your", "yours", etc.
6. GOODS: "Goods" means any goods that we make available for sale on the Mobile App.
7. PERSONAL DATA: "Personal DATA" means personal data and information that we obtain from you in connection with your use of the Mobile App that is capable of identifying you in any manner.

Article 2 - GENERAL INFORMATION:

This privacy policy (hereinafter "Privacy Policy") describes how we collect and use the Personal Data that we receive about you, as well as your rights in relation to that Personal Data, when you visit our Mobile App or purchase our Goods.

This Privacy Policy does not cover any information that we may receive about you through sources other than the use of our Mobile App. The Mobile App may link out to other websites or mobile applications, but this Privacy Policy does not and will not apply to any of those linked websites or applications.

We are committed to the protection of your privacy while you use our Mobile App.

By continuing to use our Mobile App, you acknowledge that you have had the chance to review and consider this Privacy Policy, and you acknowledge that you agree to it. This means that you also consent to the use of your information and the method of disclosure as described in this Privacy Policy. If you do not understand the Privacy Policy or do not agree to it, then you agree to immediately cease your use of our Mobile App.

Article 3 -CONTACT AND DATA PROTECTION OFFICER:

The Party responsible for the processing of your personal data is as follows: Classic Pool Tile & Stone Corporation. The Data Controller may be contacted as follows:

info@cptns.com
10 American Way
Spotswood, NJ 08884

The Data Controller and operator of the Mobile App are one and the same.

The Data Protection Officer is as follows: Andreas Luethi. The Data Protection Officer may be contacted as follows:

Classic Pool Tile & Stone Corporation
10 American Way
Spotswood, NJ 08884

Article 4 - LOCATION:

Please be advised the data processing activities take place in the United States, outside the European Economic Area. Data may also be transferred to companies within the United States, but will only be done so in a manner that complies with the EU's General Data Protection Regulation or GDPR. The location where the data processing activities take place is as follows:

Classic Pool Tile & Stone Corporation
10 American Way
Spotswood, NJ 08884

Article 5 - MODIFICATIONS AND REVISIONS:

We reserve the right to modify, revise, or otherwise amend this Privacy Policy at any time and in any manner. If we do so, however, we will notify you and obtain your consent to the change in processing. Unless we specifically obtain your consent, any changes to the Privacy Policy will only impact the information collected on or after the date of the change. It is also your responsibility to periodically check this page for any such modification, revision or amendment.

Article 6 - THE PERSONAL DATA WE RECEIVE FROM YOU:

Depending on how you use our Mobile App, you will be subject to different types of Personal Data collected and different manners of collection:

1. By undergoing the registration process, you consent to us collecting your Personal Data, including the Personal Data described in this clause, as well as storing, using or disclosing your Personal Data in accordance with this Privacy Policy.

   1. Registered users: You, as a user of the Mobile App, may be asked to register in order to use the Mobile App or to purchase the Goods available for sale.

      During the process of your registration, we will collect some of the following Personal Data from you through your voluntary disclosure:

      Name, company name, company address, email address, telephone number

      Personal Data may be asked for in relation to:

      1. Interaction with our representatives in any way

      2. making purchases

      3. receiving notifications by text message or email about marketing

      4. receiving general emails from us

   2. Unregistered users: If you are a passive user of the Mobile App and do not register for any purchases or other service, you may still be subject to certain passive data collection ("Passive Data Collection"). Such Passive Data Collection may include through cookies, as described below, IP address information, location information, and certain browser data, such as history and/or session information.

   3. All users: The Passive Data Collection that applies to Unregistered users shall also apply to all other users and/or visitors of our Mobile App.

   4. Sales & Billing Information: In order to purchase any of the goods on the Mobile App, you will be asked to provide certain credit information, billing address information, and possibly additional specific information so that you may be properly charged for your purchases. This payment and billing information will not be stored and will be used exclusively to assist with your one-time purchase.

   5. Email Marketing: You may be asked to provide certain Personal Data, such as your name and email address, for the purpose of receiving email marketing communications. This information will only be obtained through your voluntary disclosure and you will be asked to affirmatively opt-in to email marketing communications.

   6. User Experience: From time to time we may request information from you to assist us in improving our Mobile App, and the Goods we sell, such as demographic information or your particular preferences.

   7. Combined or Aggregated Information: We may combine or aggregate some of your Personal Data in order to better serve you and to better enhance and update our Mobile App for your and other consumers' use.

Article 7 - THE PERSONAL DATA WE RECEIVE AUTOMATICALLY:

Cookies: We may collect information from you through automatic tracking systems (such as information about your browsing preferences) as well as through information that you volunteer to us (such as information that you provide during a registration process or at other times while using the Mobile App, as described above).

For example, we use cookies to make your browsing experience easier and more intuitive: cookies are small strings of text used to store some information that may concern the user, his or her preferences or the device they are using to access the internet (such as a computer, tablet, or mobile phone). Cookies are mainly used to adapt the operation of the site to your expectations, offering a more personalized browsing experience and memorizing the choices you made previously.

A cookie consists of a reduced set of data transferred to your browser from a web server and it can only be read by the server that made the transfer. This is not executable code and does not transmit viruses.

Cookies do not record or store any Personal Data. If you want, you can prevent the use of cookies, but then you may not be able to use our Mobile App as we intend. To proceed without changing the options related to cookies, simply continue to use our Mobile App.

Technical cookies: Technical cookies, which can also sometimes be called HTML cookies, are used for navigation and to facilitate your access to and use of the site. They are necessary for the transmission of communications on the network or to supply services requested by you. The use of technical cookies allows the safe and efficient use of the site.

You can manage or request the general deactivation or cancelation of cookies through your browser. If you do this though, please be advised this action might slow down or prevent access to some parts of the site.

Cookies may also be retransmitted by an analytics or statistics provider to collect aggregated information on the number of users and how they visit the Mobile App. These are also considered technical cookies when they operate as described.

Temporary session cookies are deleted automatically at the end of the browsing session - these are mostly used to identify you and ensure that you don't have to log in each time - whereas permanent cookies remain active longer than just one particular session.

Profiling cookies: We may also use profiling cookies, which are those that create profiles related to the user and are used in order to send advertising to the user's browser.

When these types of cookies are used, we will receive your explicit consent.

Support in configuring your browser: You can manage cookies through the settings of your browser on your device. However, deleting cookies from your browser may remove the preferences you have set for this Mobile App.

For further information and support, you can also visit the specific help page of the web browser you are using:

• Internet Explorer: http://windows.microsoft.com/en-us/windows-vista/block-or-allow- cookies
• Firefox: https://support.mozilla.org/en-us/kb/enable-and-disable-cookies-website- preferences
• Safari: http://www.apple.com/legal/privacy/
• Chrome: https://support.google.com/accounts/answer/61416?hl=en
• Opera: http://www.opera.com/help/tutorials/security/cookies/

Log Data: Like all websites and mobile applications, this Mobile App also makes use of log files that store automatic information collected during user visits. The different types of log data could be as follows:

• internet protocol (IP) address;
• type of browser and device parameters used to connect to the Mobile App;
• name of the Internet Service Provider (ISP);
• date and time of visit;
• web page of origin of the user (referral) and exit;
• possibly the number of clicks.

The aforementioned information is processed in an automated form and collected in an exclusively aggregated manner in order to verify the correct functioning of the site, and for security reasons. This information will be processed according to the legitimate interests of the Data Controller.

For security purposes (spam filters, firewalls, virus detection), the automatically recorded data may also possibly include Personal Data such as IP address, which could be used, in accordance with applicable laws, in order to block attempts at damage to the Mobile App or damage to other users, or in the case of harmful activities or crime. Such data are never used for the identification or profiling of the user, but only for the protection of the Mobile App and our users. Such information will be treated according to the legitimate interests of the Data Controller.

Article 8 - HOW PERSONAL DATA IS STORED:

We use secure physical and digital systems to store your Personal Data when appropriate. We ensure that your Personal Data is protected against unauthorized access, disclosure, or destruction.

Please note, however, that no system involving the transmission of information via the internet, or the electronic storage of data, is completely secure. However, we take the protection and storage of your Personal Data very seriously. We take all reasonable steps to protect your Personal Data.

Personal Data is stored throughout your relationship with us. We delete your Personal Data upon request for cancelation of your account or other general request for the deletion of data.

In the event of a breach of your Personal Data, you will be notified in a reasonable time frame, but in no event later than two weeks, and we will follow all applicable laws regarding such breach.

Article 9 - PURPOSES OF PROCESSING OF PERSONAL DATA:

We primarily use your Personal Data to help us provide a better experience for you on our Mobile App and to provide you the services and/or information you may have requested, such as use of our Mobile App.

Information that does not identify you personally, but that may assist in providing us broad overviews of our customer base, will be used for market research or marketing efforts. Such information may include, but is not limited to, interests based on your cookies.

Personal Data that may be considering identifying may be used for the following:

1. Improving your personal user experience
2. Communicating with you about your user account with us
3. Marketing and advertising to you, including via email
4. Fulfilling your purchases
5. Providing customer service to you
6. Advising you about updates to the Mobile App or related Items

Article 10 - DISCLOSURE OF PERSONAL DATA:

Although our policy is to maintain the privacy of your Personal Data as described herein, we may disclose your Personal Data if we believe that it is reasonable to do so in certain cases, in our sole and exclusive discretion. Such cases may include, but are not limited to:

1. To satisfy any local, state, or Federal laws or regulations
2. To respond to requests, such discovery, criminal, civil, or administrative process, subpoenas, court orders, or writs from law enforcement or other governmental or legal bodies
3. To bring legal action against a user who has violated the law or violated the terms of use of our Mobile App
4. As may be necessary for the operation of our Mobile App
5. To generally cooperate with any lawful investigation about our users
6. If we suspect any fraudulent activity on our Mobile App or if we have noticed any activity which may violate our terms or other applicable rules

Article 11 - OPTING OUT OF TRANSMITTALS FROM US:

From time to time, we may send you informational or marketing communications related to our Mobile App such as announcements or other information. If you wish to opt-out of such communications, you may contact the following email: unsubscribe@cptns.com. You may also click the opt-out link which will be provided at the bottom of any and all such communications.

Please be advised that even though you may opt-out of such communications, you may still receive information from us that is specifically about your use of our Mobile App or about your account with us.

By providing any Personal Data to us, or by using our Mobile App in any manner, you have created a commercial relationship with us. As such, you agree that any email sent from us or third-party affiliates, even unsolicited email, shall specifically not be considered SPAM, as that term is legally defined.

Article 12 - MODIFYING, DELETING, AND ACCESSING YOUR INFORMATION:

If you wish to modify or delete any information we may have about you, or you wish to simply access any information we have about you, you may reach out to us at the following email address:info@cptns.com.

Article 13 - ACCEPTANCE OF RISK:

By continuing to our Mobile App in any manner, use the Product, you manifest your continuing asset to this Privacy Policy. You further acknowledge, agree and accept that no transmission of information or data via the internet is not always completely secure, no matter what steps are taken. You acknowledge, agree and accept that we do not guarantee or warrant the security of any information that you provide to us, and that you transmit such information at your own risk.

Article 14 - YOUR RIGHTS:

You have many rights in relation to your Personal Data. Specifically, your rights are as follows:

• the right to be informed about the processing of your Personal Data
• the right to have access to your Personal Data
  the right to update and/or correct your Personal Data
• the right to portability of your Personal Data
• the right to oppose or limit the processing of your Personal Data
• the right to request that we stop processing and delete your Personal Data
• the right to block any Personal Data processing in violation of any applicable law
• the right to launch a complaint with the Federal Trade Commission (FTC) in the United States or applicable data protection authority in another jurisdiction

Such rights can all be exercised by contacting us at the relevant contact information listed in this Privacy Policy.

Article 15 - CONTACT INFORMATION:

If you have any questions about this Privacy Policy or the way we collect information from you, or if you would like to launch a complaint about anything related to this Privacy Policy, you may contact us at the following email address: info@cptns.com.

MOBILE APP TERMS AND CONDITIONS

Please read these Terms and Conditions before downloading, installing or using this App. Your use of CPTNS (the “App”) constitutes your agreement to be bound by these Terms and Conditions, including the Exclusive Usage language below. If you do not agree to these Terms and Conditions, please do not access or use this App. We may at any time change the App and these terms and conditions. Your use of the App following any such change constitutes your acceptance of the change. For this reason, we encourage you to review these Terms and Conditions whenever you use the App.

Charges: You are responsible for payment of any costs or expenses incurred as a result of downloading and using the App, including any operator network and roaming charges. Please check with your service provider for details. If you are not the bill payer for the mobile telephone or handheld device used to access the App, you will be assumed to have received permission from the bill payor to use the App.

Protecting Your Personal Information: Classic Pool Tile and Stone Corporation (the “Company”) wants to help you take all necessary steps to protect your privacy and personal information. Therefore, please read our Privacy Policy to understand the information we may gather.

License; Scope of Use:

Subject to these Terms and Conditions, the Company grants you a limited, non-transferable, irrevocable license to view, use and download a single copy of the App for your informational and commercial use (the “License”) on any device that you own or control. The License does not allow you to use the App on any device that you do not own or control, and you may not distribute or make the App available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the App. You may not copy (except as expressly permitted by these Terms and Conditions), decompile, reverseengineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the App, any updates, or any part thereof. Any attempt to do so is a violation of the rights of The Company or its licensors. You may not use this App for any purpose (i) which would be contrary to The Company’s business interest, or (ii) to The Company’s actual or potential economic disadvantage in any respect, including using the App to develop a competing application. All rights not specifically and expressly granted under the License are reserved by the Company.

The App is licensed, not sold. The License confers no title to or ownership in the App and should not be construed as a sale of any rights in or to the App. The Company may terminate, change, suspend or discontinue any aspect of the App, including the availability of any features of the App, at any time and in the Company’s sole discretion.

Trademark and Copyright: "Content" refers to any materials, documents, images, graphics, logos, design, audio, video and any other information provided from or on our App, including trademarks, service marks and logos. All of the Content on the App is subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by the Company or one of its affiliates or by third parties who have licensed their materials to us.

Use of Content: You may use the Content of the App only for your commercial use. The Content is for informational purposes only. You shall not modify or alter the Content in any way, or delete or change any copyright or trademark notice. The Company reserves complete title and full intellectual property rights in any Content you download from the App.

Links to Third-Party Sites: This App may contain links to websites (“Sites”) that are owned or operated by third parties. Such links are provided for your reference only; we do not control such Sites and are not responsible for their content. We reserve the right to terminate a link to a thirdparty Site at any time and the fact that we provide a link does not mean that we endorse, authorize or sponsor that Site.

Comments: We welcome your comments, notes, messages, ideas, feedback, suggestions or other communications (collectively, “Comments”) concerning the App, which shall be and remain the exclusive property of the Company. Your submission of any such Comments shall constitute an assignment to the Company of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. The Company will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, only send us comments which you desire to assign to us.

EXCLUSIVE USAGE: By using this App, you agree to buy materials exclusively from the Company.

DISCLAIMER:

THE APP AND THE CONTENT ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULL EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EITHER EXPRESS OR IMPLIED WITH RESPECT TO THE APP AND THE CONTENT, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND FOR ANY MERCHANDISE OFFERED ON THIS APP. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM.

THE COMPANY SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE APP OR THE CONTENT. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THIS APP IS ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT THE APP WILL OPERATE WITHOUT INTERRUPTION OR ERROR.

THE COMPANY DOES NOT ENDORSE OR MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT THE OPTIONS OR OTHER SERVICE OR DATA YOU MAY ACCESS, DOWNLOAD OR USE AS A RESULT OF THE USE OF THE INFORMATION CONTAINED ON THIS APP, OR ABOUT ANY THIRD-PARTY SITES YOU MAY LINK TO THROUGH THE APP, WHICH LINKS ARE PROVIDED FOR CONVENIENCE ONLY.

THE COMPANY MAKES NO REPRESENTATION ABOUT THE SUITABILITY OF THE CONTENT FOR ANY PURPOSE AND SHALL HAVE NO RISK OR RESPONSIBILITY FOR YOUR USE OF ANY OF THE CONTENT.

IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES OR ANY OF THEIR EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS APP, THE CONTENT, THE DELAY OR INABILITY TO USE THIS APP OR OTHERWISE ARISING IN CONNECTION WITH THIS APP, WHETHER IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF THE COMPANY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SUCH LIMITATION SHALL NOT BE APPLICABLE TO YOU.

YOUR USE OF THE APP IS AT YOUR SOLE RISK AND IF YOU ARE DISSATISFIED WITH THE APP, THE CONTENT OR WITH THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE APP.

Waiver: No term or provision of these Terms and Conditions shall be deemed waived and no breach excused unless such waiver or consent is in writing and signed by the party claimed to have waived or consented.

Termination: The Company reserves the right, in its sole discretion, to terminate your access to the all or part of the App, with or without notice, for any reason or no reason, including, without limitation, your violation of these Terms and Conditions.

Governing Law and Venue: By accessing and using this App, you agree that your access and use is subject to these Terms and Conditions as well as applicable laws, as governed and interpreted pursuant to the laws of the State of New Jersey. Any litigation arising out or in connection with your use of this App shall be exclusively in the state or federal courts located in Middlesex County, New Jersey.

Severability; Entire Agreement: If any part of this agreement is ruled to be unenforceable, then such part shall be limited or eliminated to the minimum extent necessary, with the remainder of agreement remaining in full force and effect. The Terms and Conditions constitute the entire agreement between us governing your use.