Last updated February 28, 2025

Thank you for choosing to be part of our community at Aquascape Designs, Inc trading as Aquascape, Inc ("Aquascape", "company", "we", "us", or "our"). We are committed to protecting your personal data and your right to privacy. This Privacy Notice is provided for our prospective, existing and former customers ("you", "your").

This Privacy Notice together with our Cookie Noticed published on our website (the "Notices") tells you about how we process your personal data, including our collection, usage and sharing of your personal data and including in relation to your use of our website at www.aquascapeinc.com including any portal or online service that we provide at that or any other URL (the "Website") and any related services, sales, marketing or events (we refer to them collectively in this Privacy Notice as the "Services").

We hope you take some time to read through it carefully, as it is important. If there are any terms in this Privacy Notice that you do not agree with, please discontinue use of our Website and our Services.

Please read this Privacy Notice carefully as it will help you make informed decisions about sharing your personal data with us.

TABLE OF CONTENTS

1. HOW CAN YOU CONTACT US ABOUT THIS POLICY

2. CHANGES TO PRIVACY NOTICE AND YOUR DUTY TO INFORM US OF CHANGES

3. WHAT PERSONAL DATA DO WE COLLECT ABOUT YOU

4. HOW IS YOUR PERSONAL DATA COLLECTED

5. HOW DO WE USE YOUR PERSONAL DATA

6. WILL YOUR INFORMATION BE SHARED WITH ANYONE

7. AUTOMATED DECISION-MAKING

8. INTERNATIONAL TRANSFERS

9. DO WE USE COOKES AND OTHER TRACKING TECHNOLOGIES

10. DO WE USE GOOGLE MAPS

11. WHAT IS OUR STANCE ON THIRD PARTY WEBSITES

12. HOW LONG DO WE KEEP YOUR INFORMATION

13. HOW DO WE KEEP YOUR INFORMATION SECURE

14. DO WE COLLECT INFORMATION FROM MINORS

15. WHAT ARE YOUR LEGAL RIGHTS

16. CONTROLS FOR DO-NOT-TRACK FEATURES

17. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS

18. SMS COMMUNICATIONS

1. HOW CAN YOU CONTACT US ABOUT THIS POLICY

Aquascape is the data controller in relation to your personal data. If you have questions or comments about this Privacy Notice or our privacy practices, you can:

1. contact us using our Contact Form; or
   
   
2. send a post to:
   
   Aquascape, Inc
   Attn: Vice President, IT
   901 Aqualand Way
   St. Charles, IL 60174
   United States

2. CHANGES TO PRIVACY NOTICE AND YOUR DUTY TO INOFRM US OF CHANGES?

We may update this Privacy Notice from time to time. The updated version will be indicated by an updated "Revised" date and the updated version will be effective as soon as it is accessible.

If we make material changes to this Privacy Notice, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this Privacy Notice frequently to be informed of how we are protecting your information.

All personal data that you provide to us must be true, complete and accurate, and you must notify us of any changes to such personal data during your relationship with us.

3. WHAT PERSONAL DATA DO WE COLLECT ABOUT YOU?

Personal data means any information about an individual from which that person can be identified.

We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:

• Identity Data includes your first and last name, country of residence and, if applicable, the name of your company.
  
  
• Contact Data includes your email address, postal address and phone number.
  
  
• Profile Data includes your username and password, password hints, and similar security information used for authentication and account access, your interests and preferences (for example, to show you products you've recently viewed).
  
  
• Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences, social media profile information, marketing leads and search results and links, including paid listings (such as sponsored links).
  
  
• Financial Data includes personal data necessary to process your payment if you make purchases, such as your bank account, payment instrument number (such as a credit card number), and the security code associated with your payment instrument. All payment data is stored by our payment processor, and you should review the payment processor's privacy notices and contact the payment processor directly to respond to your questions.
  
  
• Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us.
  
  
• Technical Data includes your internet protocol (IP) address, browser type and version, device name and characteristics, time zone setting, country and location, language preferences, referring URLs, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access our Website.
  
  
• Usage Data includes information about how you use our Website, products and services and internet activity information including, but not limited to, browsing history, search history, and information regarding a consumer's interaction with an Internet Web site, application, or advertisement.
  
  

Aggregated Data

We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data could be derived from your personal data but does not constitute personal data because Aggregated Data does include any Identity Data. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific Website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this Privacy Notice.

If you fail to provide personal data

Where we need to collect personal data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with products and services). In this case, we may have to cancel a service you have with us but we will notify you if this is the case at the time.

4. HOW IS YOUR PERSONAL DATA COLLECTED?

We use different methods to collect data from and about you including through:

Your interactions with us. You may give us your personal data by filling in our Contact Us form, fill in a Certified Aquascape Contractor form, fill in a Retailer form, fill in a Distributor form, registering for or attending an event, or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:

• enquire about us, our products or Services;
• create an account on our Website;
• purchase products and services from us;
• participate in our activities on the Website or Services;
• subscribe to our Services or publications;
• request marketing to be sent to you;
• enter a competition, promotion or survey; or
• give us feedback or contact us.

Automated technologies or interactions. As you interact with our Website, we will automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. We may also receive personal data about you if you visit other websites employing our cookies. Please see our Cookie Policy for further details.

Third parties or publicly available sources. We will receive personal data about you from various third parties and public sources and databases as set out below:

• advertising networks and joint marketing partners such as Google Ads, Microsoft Ads, Facebook Ads, Survey Monkey, Lead Forensics;
• search information providers such as Google, Microsoft;
• our bank or providers who process payments from you such as PayPal, Stripe, Quivers, CHASE Paymentech, Authorize.net, Square, CVENT, First ACH;
• providers in our supply chain who are appointed by us to prepare, pack and post our products to you following your order such as Lloyd Packaging;
• publicly available sources such as UK Companies House and the Electoral Register; and
• Aquascape Distributor and Retailer partners who provide customer purchase data as part of the Certified Aquascape Contractor program guidelines.

5. HOW DO WE USE YOUR PERSONAL DATA?

Legal basis

The law requires us to have a legal basis for collecting and using your personal data. We rely on one or more of the following legal bases:

• Performance of a contract with you: Where we need to perform the contract we are about to enter into or have entered into with you.
  
  

• Legitimate interests: We may use your personal data where it is necessary to conduct our business and pursue our legitimate interests, for example to prevent fraud and enable us to give you the best and most secure customer experience. We make sure we consider and balance any potential impact on you and your rights (both positive and negative) before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law).
  
  

• Legal obligation: We may disclose your personal data where we are legally required to do so in order to comply with applicable law, government requests, a judicial proceeding, court order, or legal process such as in response to a court order or a subpoena, as the case may be (including in response to public authorities to meet national security or law enforcement requirements). We will identify the relevant legal obligation when we rely on this legal basis.
  
  

• Vital Interests: We may disclose your information where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which we are involved.
  
  

Generally, we do not rely on consent as a legal basis for processing your personal data although we will get your consent before sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us.

Purposes for which we will use your personal data

For as long as we have access to your personal data, we will use it for the purposes as set out below, in a table format, together with the legal bases we rely on to do so, unless otherwise required as a result of you exercising your data protection rights. We have also identified what our legitimate interests are where appropriate.

Direct marketing

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.

We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which services and offers may be relevant for you (we call this marketing).

You will only receive marketing communications where you have requested information from us and you have opted-in to receive our marketing communications. You have the right to opt-out at any time (see further "Opting out of marketing" below).

Opting out of marketing

You can ask us or third parties to stop sending you marketing messages at any time by clicking on the unsubscribe link in the emails that we send or by contacting us using the details provided below.

• Access your account settings and update preferences.
• Contact us using the contact information provided.
• Follow the unsubscribe link in the footer of non-transactional email messages.

When you opt out of receiving marketing messages from us, we will still need to send you service-related emails that are essential for the administration and use of your account including relating to order confirmations, updates to our terms and conditions, checking that your contact details are correct.

6. WILL YOUR INFORMATION BE SHARED WITH ANYONE?

We may process or share your personal data where necessary with the parties set out below for the purposes set out in the table "Purposes for which we will use your personal data" above.

• Vendors, consultants and other third-party service providers, as specifically set out below, acting as processors. We may share your data with third party vendors, service providers, contractors or agents who perform services for us or on our behalf and require access to such information to do that work. Examples include: payment processing, data analysis, email delivery, hosting services, customer service and marketing efforts. We may allow selected third parties to use tracking technology on the Website, which will enable them to collect data about how you interact with the Website over time. Except in relation to the third parties and services listed below in points A), B), E), F), G) and H), we do not share, sell or trade any of your information with third parties for their promotional purposes.
  
  
• Business Transfers. We may share your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this Privacy Notice.
  
  
• Third-party advertisers, as specifically set out below, acting as controllers. We may use third-party advertising companies to serve ads when you visit the Website. These companies may use information about your visits to our Website and other websites that are contained in web cookies and other tracking technologies in order to provide advertisements about goods and services of interest to you.
  
  
• Affiliates acting as processors. We may share your information with our affiliates, in which case we will require those affiliates to honor this Privacy Notice. Affiliates include our parent company and any subsidiaries, joint venture partners or other companies that we control or that are under common control with us.
  
  
• Business partners acting as processors. We may share your information with our business partners to offer you certain products, services or promotions.
  
  
• Professional advisers acting as processors or joint controllers. We may share your personal data with lawyers, bankers, auditors and insurers.

We only share and disclose your personal data with the following third parties:

1. Advertising, Direct Marketing, and Lead Generation
   Google AdSense, Microsoft Ads, Facebook Audience Network, Constant Contact and Survey Monkey, Salesforce, Lead Forensics
   
   
2. Aquascape Service Providers
   Aquascape distributors, Aquascape retailers, Certified Aquascape Contractors
   
   
3. Communicate and Chat with Users
   Zendesk Chat, Salesforce
   
   
4. Content Optimization
   Google Web Fonts and YouTube video embed
   
   
5. eCommerce - Invoice, Billing, Order processing and Fulfillment
   PayPal, Stripe, Kibo, Quivers
   
   
6. Retargeting Platforms
   Facebook Custom Audience, Google Ads Remarketing, Google Analytics Remarketing and Facebook Remarketing
   
   
7. Social Media Sharing and Advertising
   Facebook social plugins, YouTube social plugins, Pinterest social plugins and Twitter social plugins
   
   
8. Web and Mobile Analytics
   Google Ads, Google Analytics, Google Tag Manager, Lead Forensics, Hotjar
   
   
9. Site Optimization and Security
   Cloudflare, SiteGround and iThemes Security

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

We will provide an individual opt-out choice, or opt-in for sensitive data, before we share your data with third parties other than our agents, or before we use it for a purpose other than which it was originally collected or subsequently authorized. To request to limit the use and disclosure of your personal information, please submit a request using our contact details in section 1 above.

7. AUTOMATED DECISION-MAKING

We do not foresee that any decisions will be taken about you using automated means, however, we will update this notice if this position changes.

8. INTERNATIONAL TRANSFERS

Aquascape is a registered company based in the United States ("US") and the personal data we collect from prospective, existing and former customers based in the United Kingdom and EU countries will be transferred to us in the US.

We have put in place the following appropriate measures to ensure that your personal information is treated by us in a way that is consistent with and which respects UK and EU law on data protection: Data Privacy Framework (DPF). Please contact us using our contact details in section 1 above if you want further information on the specific mechanism used by us when transferring your personal data out of the UK and EU areas.

Aquascape, Inc complies with the EU-U.S. Data Privacy Framework (EU-U.S. DPF) and the UK Extension to the EU-U.S. DPF as set forth by the U.S. Department of Commerce.  Aquascape, Inc has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles (EU-U.S. DPF Principles) with regard to the processing of personal data received from the European Union in reliance on the EU-U.S. DPF and from the United Kingdom (and Gibraltar) in reliance on the UK Extension to the EU-U.S. DPF.  If there is any conflict between the terms in this privacy policy and the EU-U.S. DPF Principles, the Principles shall govern.  To learn more about the Data Privacy Framework (DPF) program, and to view our certification, please visit https://www.dataprivacyframework.gov/.

With respect to personal data received or transferred pursuant to the Data Privacy Frameworks, Aquascape is subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission.

Pursuant to the Data Privacy Frameworks, EU and UK individuals have the right to obtain our confirmation of whether we maintain personal information relating to you in the United States. Upon request, we will provide you with access to the personal information that we hold about you. You may also correct, amend, or delete the personal information we hold about you. An individual who seeks access, or who seeks to correct, amend, or delete inaccurate data transferred to the United States under the Data Privacy Frameworks, should direct their query using our contact details in section 1 above. If requested to remove data, we will respond within a reasonable timeframe.

In compliance with the Data Privacy Framework Principles, Aquascape, Inc commits to resolve complaints about your privacy and our collection or use of your personal information transferred to the United States pursuant to the Data Privacy Frameworks. European Union, and United Kingdom individuals with DPF inquiries or complaints should first contact us using our contact details in section 1 above.

Aquascape, Inc has further committed to refer unresolved privacy complaints under the Data Privacy Framework Principles to a U.S.-based independent dispute resolution mechanism, BBB NATIONAL PROGRAMS. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit www.bbbprograms.org/dpf-complaints for more information and to file a complaint. This service is provided free of charge to you.

If your DPF complaint cannot be resolved through the above channels, under certain conditions, you may invoke binding arbitration for some residual claims not resolved by other redress mechanisms. See https://www.dataprivacyframework.gov/framework-article/ANNEX-I-introduction

We may transfer your personal data to service providers that carry out certain functions on our behalf. This may involve transferring personal data outside the UK and EU to countries which have laws that do not provide the same level of data protection as the UK and EU laws.

Whenever we transfer your personal data out of the UK and EU to service providers, we ensure a similar degree of protection is afforded to it by ensuring that we use specific standard contractual terms approved for use in the UK and EU which give the transferred personal data the same protection as it has in the UK and EU countries, namely the International Data Transfer Agreement. To obtain a copy of these contractual safeguards, please contact us using our contact details in section 1 above.

9. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?

We use cookies and similar tracking technologies (like web beacons and pixels) that remember your choices, provide analytics and ensure the best experience on our website. For more information view our Cookie Policy.

You can choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or services of our Website. To opt-out of interest-based advertising by advertisers on our Website visit http://www.aboutads.info/choices/.

10. DO WE USE GOOGLE MAPS?

Our Website, mobile application, or Facebook application uses Google Maps APIs, Microsoft Ads, Facebook Ads, YouTube and Pinterest. You may find the relevant terms of service and privacy policies as follows:

1. Google Maps APIs Terms of Service here. To better understand Google's Privacy Policy, please refer to this link.
2. Microsoft Ads' Legal, Privacy and Personalization Policy here.
3. Facebook Ads' Privacy Policy here.
4. Youtube's Privacy Guidelines here.
5. Pinterest's Privacy Statement here.

By using our Maps API Implementation, you agree to be bound by Google's Terms of Service. You agree to allow us to obtain or cache your location. You may revoke your consent at anytime.

11. WHAT IS OUR STANCE ON THIRD-PARTY WEBSITES?

Our Webite may contain advertisements from third parties that are not affiliated with us and which may link to other websites, online services or mobile applications. We do not control these third party websites or how the third parties use your data that is acquired by the websites. The third parties who control those third-party websites are controllers of the data that they acquire about you, and you should consult their Privacy Notices for details about what they use the data for, and how they protect it and your privacy. Responsibility for use of your personal data by those third parties sits with them, not us. We encourage you to review the policies of such third parties and contact them directly to respond to your questions.

Aquascape, Inc's accountability for personal data that it receives in the United States under the Data Privacy Frameworks and subsequently transfers to a third party is described in the Data Privacy Framework Principles. In particular, Aquascape, Inc remains responsible and liable under the Data Privacy Framework Principles if third-party agents that it engages to process personal data on its behalf do so in a manner inconsistent with the Principles, unless Aquascape, Inc proves that it is not responsible for the event giving rise to the damage.

12. HOW LONG DO WE KEEP YOUR INFORMATION?

We will only retain your personal data for as long as it is necessary to fulfil the purposes we collected it for as set out in this Privacy Notice, including for the purposes of satisfying any legal, tax, regulatory, accounting or reporting requirement. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect of our relationship with you.

To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.

In some circumstances you can ask us to delete your data: see "What Are Your Legal Rights" section below for further information.

When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.

13. HOW DO WE KEEP YOUR INFORMATION SECURE?

We have implemented appropriate technical and organizational security measures designed to protect the security of any personal data once we have received it. However, please also remember that we cannot guarantee that the internet itself is 100% secure as a method for you to transmit data between you and us. Although we will do our best to protect your personal information, transmission of personal information to and from our Website is at your own risk. You should only access the services within a secure environment.

In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions, and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

14. DO WE COLLECT INFORMATION FROM MINORS?

We do not knowingly solicit data from or market to children under 18 years of age. By using our Website, you represent that you are at least 18 or that you are the parent or guardian of such a minor and consent to such minor dependent's use of our Website. If we learn that personal information from users less than 18 years of age has been collected, we will deactivate the account and take reasonable measures to promptly delete such data from our records. If you become aware of any personal data we have collected from children under age 18, please contact us using the contact details set out in section 1 above.

15. WHAT ARE YOUR LEGAL RIGHTS?

You have a number of rights under data protection laws in relation to your personal data.

If you are in the UK or an EU member state, you have the right to:

• Request access to your personal data (commonly known as a "subject access request"). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
  
  
• Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
  
  
• Request erasure of your personal data in certain circumstances. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
  
  
• Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) as the legal basis for that particular use of your data and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your right to object.
  
  
• Object to the processing of your personal data for direct marketing purposes (see the section "Opting out of marketing" above for details of how to object to receiving direct marketing communications).
  
  
• Request the transfer of your personal data to you or to a third party, if we use your personal data for performance of a contract with you (as our customer) as an integral part of our Website. In such a case, we will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format.
  
  
• Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in one of the following scenarios:
  
  
• If you want us to establish the data's accuracy;
• Where our use of the data is unlawful but you do not want us to erase it;
• Where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or
• You have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
  
  
• Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain services to you. We will advise you if this is the case at the time you withdraw your consent.

If you wish to exercise any of the rights set out above, please contact us using the contact details set out in section 1 above.

Account Information

If you would at any time like to review or change the information in your account or terminate your account, you can:

• Log into your account settings and update your user account.
• Contact us using the contact information provided.

Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. However, some information may be retained in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our Terms of Use and/or comply with legal requirements.

No fee usually required

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances.

What we may need from you

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

Time limit to respond

We try to respond to all legitimate requests within one month. Occasionally it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

Complaints

If you are resident in a member state of the European Union or the European Economic Area and you believe we are unlawfully processing your personal information, you have the right to complain to your local data protection supervisory authority. You can find their contact details here:

• European Union: http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm
• Norway (if applicable): Frontpage | Datatilsynet
• Iceland (if applicable): The Data Protection Authority | Information in English | Persónuvernd. Þínar upplýsingar, þitt einkalíf. (personuvernd.is)
• Liechtenstein (if applicable): Data Protection Office :: Data Protection Office (datenschutzstelle.li)

If you are a resident in the United Kingdom, you have the right to make a complaint at any time to the Information Commissioner's Office (ICO), the UK regulator for data protection issues (www.ico.org.uk).

We would, however, appreciate the chance to deal with your concerns before you approach the relevant data protection supervisory authority, so please contact us in the first instance.

16. CONTROLS FOR DO-NOT-TRACK FEATURES

Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track ("DNT") feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected for advertising and marketing purposes. No uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this Privacy Policy. If you do not wish to be tracked for advertising and marketing purposes, please do not visit our Website.

17. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?

California Civil Code Section 1798.83, also known as the "Shine The Light" law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.

17. SMS COMMUNICATIONS

If you opt in to receive SMS messages from Aquascape, we may send you text messages regarding the Certified Aquascape Contractor (CAC) Program, including lead notifications, surveys, reminders, and program updates.

Message frequency varies. Message and data rates may apply.

You may opt out at any time by replying STOP to any text message. For assistance, reply HELP or contact us directly.

Mobile information and SMS consent data will not be shared, sold, rented, or disclosed to third parties or affiliates for marketing or promotional purposes. Text messaging originator opt-in data and consent will not be shared with any third parties