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PRIVACY NOTICE

GoSwim services, including (without limitation) our website, mobile application, and other interactive properties through which the services are delivered (collectively, the “Service”) are owned, operated and distributed by GoSwim Productions, LLC (referred to in this Privacy Notice as “GoSwim” or “we” and through similar words such as “us,” “our,” etc.). This Privacy Notice outlines the personal information that GoSwim may collect, how GoSwim uses and safeguards that information, and with whom we may share it.

THIS SERVICE IS OFFERED FROM THE UNITED STATES (“US”). For individuals located outside of the US, please note that GoSwim is a US based company. If you use the Service, all information, including personal information, will be transferred to GoSwim in the US and used as described in this Notice.

The personal information collected may vary based on your User status (as defined in the Terms and Conditions) as a Team Administrator, Guardian, Athlete, or Evaluator. Please note, while this policy applies broadly to all Users, where certain Athletes are under the age of 18, specific guidance around children’s personal information, including exceptions to the general rules of personal information stated herein, can be found in the section labeled Children’s Privacy. Please also note, if you are a Guardian, by accepting this Privacy Notice, you accept and agree to the collection of your Athlete’s personal information as described herein.

Any consent or permission granted by Athletes or Guardians to teams or Team Administrators with regard to personal information is not governed by this Privacy Notice. The relationship between teams/Team Administrators and Guardians/Athletes, including with regard to privacy or personal information, is not controller or government by GoSwim, the GoSwim Privacy Notice, or the GoSwim Terms and Conditions. This may mean that a team/Team Administrator will provide GoSwim with certain personal information prior to you having an account with GoSwim. Any questions or concerns about your how your personal information is managed by your team/Team Administrator should be directed to your team or team leadership.

By using our Service or submitting personal information to GoSwim by any other means, you acknowledge that you understand and agree to be bound by this Privacy Notice, and agree that GoSwim may collect, process, transfer, use, and disclose your personal information as described in this Notice. Further, by accessing any part of the Service, you are agreeing to THE TERMS OF OUR TERMS AND CONDITIONS (the “Terms and Conditions”). IF YOU DO NOT AGREE WITH ANY PART OF THIS PRIVACY NOTICE OR OUR TERMS AND CONDITIONS, PLEASE DO NOT USE ANY PORTION OF THE SERVICES.

What personal information do we collect about you?

Personal information (also commonly known as personally identifiable information (PII) or personal data) is information that can be used to identify you, or any other individual to whom the information may relate.

The personal information that we collect directly from those registering for the Service, includes the following categories:

  • Name and contact information (e.g. address; phone number; email, fax);
  • Demographic information (e.g. age; gender)
  • Billing Information (e.g. credit card, bank account, billing contact information);
  • Order Information (e.g. current order/purchase information, purchase history, shipping details);
  • Athlete video recordings (as described in more detail below);
  • User content (as described in more detail below);
  • Account Information (e.g. login credentials)
  • Geographic or location information;
  • Information contained in posts you may on the public forums and interactive features of the Service;
  • Information in our Cookie Notice, the degree to which such information is defined as personal information under the laws of a particular jurisdiction;
  • Information you provide in our Chatbot (our Chatbot is provided by Tidio and their Privacy Policy can be found here: https://www.tidio.com/privacy-policy/);
  • Other information that may be exchanged in the course of engaging with the Service. You will be aware of any subsequently collected information because it will come directly from you.

The Services may automatically collect certain stroke analytic information about Athletes, or a Team Administrator or Evaluator may record this information manually by viewing Athlete videos on the Service (“Athlete Analytics”). Athlete Analytics information includes:

  • Tempo or Stroke rate;
  • Distance per stroke cycle;
  • 15 meter/yard split;
  • Finish time (time from the backstroke flags to the finish);
  • Stroke Index (a score based on tempo, stroke count, time);
  • Breakout split (time from pushing off the wall to breaking the surface of the water);
  • Breakout distance (distance from pushing off the wall to breaking the surface of the water);
  • Underwater velocity;
  • Swim velocity;
  • Turn time (time from the backstroke flags, to the wall, and returning to the backstroke flags during a turn).

For additional, detailed information about how video recordings are treated, review the “Athlete Video Content” section below.

Athlete Video Content

The Service allows Athletes, Guardians, and Team Administrators to record and upload videos onto the Service, which permits the collection of Athlete Analytics described above (“Athlete Video(s)”). Please note that any Athlete or Guardian consent or permission needed to permit Team Administrators to record Athlete Videos is not covered by this Privacy Notice, is not governed or controlled by GoSwim, and should be addressed directly with the Team Administrators. GoSwim merely facilitates connections between Athletes/Guardians and Team Administrators, and GoSwim is not responsible or liable for the actions of Team Administrators with regard to Athlete Videos or any other activity. Evaluators that can be accessed by Athletes and Guardians via the GoSwim Marketplace are independent contractors not specifically affiliated with GoSwim, but Evaluators are required to sign a contract making their activities subject to this Privacy Notice prior to making themselves available in the GoSwim Marketplace.

Please note that the GoSwim Service utilizes Amazon Web Services (“AWS”) for storage of Athlete Videos (e.g. Apple or Google), though a local copy may remain on your device and/or may be temporarily copied onto a Team Administrator’s or Evaluator’s device as they are reviewing and analyzing the video. If an Athlete or Guardian wishes to leave a particular team or the Service, upon deletion of their User account, you may contact GoSwim as described in this Notice to request deletion of any uploaded videos from AWS.

If an Athlete Video is recorded by a Team Administrator, the Athlete Videos may be connected to that Team Administrator’s account. In this instance, if an Athlete or Guardian wishes to leave a particular team or the Service, that Athlete or Guardian must communicate directly with the Team Administrator to request deletion of the Athlete Videos from that Team Administrator’s account. As previously stated, GoSwim does not control the relationship between teams/Team Administrators and Guardians/Athletes. Granting or revocation of permission for teams/Team Administrators to record or store Athlete Videos occurs outside of your relationship with GoSwim.

Go Swim may retain Athlete Analytics collected from the Athlete Videos even after deletion of an Athlete Account and the associated Athlete Videos, but only after said Athlete Analytics have been fully anonymized to remove all personal information.

Collection of User Generated Content

We may invite you to post content on the Service, including your comments and any other information that you would like to be available on the Service, which may become public (“User Generated Content”). User Generated Content is any content you may upload to the Service, not including Athlete Video Content. If you post User Generated Content, all of the information that you post will be available to authorized personnel of GoSwim and may be made available to the public at our discretion, unless otherwise limited in this Privacy Notice (e.g. certain Athlete information). You expressly acknowledge and agree that we may access in real-time, record, and store archives of any User Generated Content on our servers to make use of them in connection with the Service. If you submit a review, recommendation, endorsement, or other User Generated Content through the Service, or through other websites including Facebook, Instagram, Google, Yelp, and other similar channels, we may share that review, recommendation, endorsement, or content publicly on the Service.

Children’s Privacy

The Services provided by GoSwim are intended for use in athletic, training, or team settings and children’s personal information may be collected. The portion of the Services available to Team Administrators are dedicated for use in a team setting. Athletes under the age of 18 cannot create accounts without consent of a Guardian, which occurs after being invited by a Team Administrator or a Guardian signing up for a stand-alone account. Only coaches or other team representatives may create a Team Administrator account after contacting GoSwim to bring their team onto the platform. Athletes under the age of 18 are not permitted to register for their own account on the Service, and those Athletes’ personal information will only be on the Service if a Guardian, after receiving an invitation from a Team Administrator, has created an account for recording that Athlete’s personal information.

As described in the preceding paragraph, GoSwim does not receive information directly from children, and we rely solely on Team Administrators or Guardians to provide any information about Athletes under the age of 18. GoSwim requires an Athlete’s Guardian(s) to have control and visibility over that Athlete’s personal information. No Athlete personal information is made available or visible to the public or to any other Athletes by default, but Guardians may share their Athlete’s information with Team Administrators or Evaluators in the GoSwim Marketplace. The option to share such Athlete personal information is at the discretion of the Guardian, and Athletes and Guardians should inquire with Team Administrators about how the personal information that they share is used and/or how it may be shared outside of the GoSwim App or this Privacy Notice. In addition, Team Administrators may share information with Athletes and/or Guardians.

What are the sources of personal information collected by GoSwim?

When providing personal information to GoSwim as described in this Notice, that personal information is primarily collected directly from you, and you will know the precise personal information being collected by us. If you are a Guardian or an Athlete, your personal information may first be provided to GoSwim from a Team Administrator in order to grant you access to the Service.

In addition, as described above, Athlete Videos may be collected directly from a Team Administrator other team representative (e.g., coach). For both videos uploaded by you and by Team Administrators, the Service may automatically, or a Team Administrator may manually, utilize the Service to record the Athlete Analytics as described herein.

If you engage an Evaluator via the GoSwim Marketplace, the Service may collect certain information about you from that Evaluator if the Evaluator is utilizing the Service to communicate with you and/or record feedback on your Athlete Videos.

In certain limited circumstances, third-party service providers may collect information on behalf of GoSwim, though such collection will always be within the context of the Service. GoSwim may also automatically collect certain information as described in the Cookie Notice, the degree to which the information in that section is considered personal information. In particular, we may collect personal and non-personal information through the following additional channels:

  • Our own cookies on our website;
  • 3rd party cookies on our website;
  • Social media networks;
  • 3rd party software applications.

How does GoSwim use personal information?

Subject to the terms of this Privacy Notice, GoSwim uses the above described categories of personal information in several ways. Unless otherwise stated specifically, the above information may be used for any of the following purposes:

  • Administering the Service to you;
  • Creating and managing your account or other user profiles;
  • Responding to your requests;
  • Providing information to you about the Service or products;
  • Notifying you about changes to this Privacy Notice or the Terms and Conditions;
  • Distributing communications relevant to your use of the Service, such as system updates or information about your use of the Service;
  • Supporting the operation of the Service, such as for billing, account maintenance, and record-keeping purposes;
  • Allowing you to participate in surveys or provide testimonials;
  • Sending to you GoSwim solicitations, product announcements, and the like that we feel may be of interest to you (you may “opt out” of receiving these marketing materials);
  • Meeting or fulfilling the reason you provided the information to us;
  • Other manners after subsequent notice is provided to you and/or your consent is obtained, if necessary.

Depending on how an applicable privacy law defines a “sale,” we may sell personal information to third parties. For instance, if you are a resident of Colorado or Connecticut, our use of cookies and tracking technologies may constitute a sale of personal information to third-party service providers like Google Analytics. To the extent that this activity constitutes a sell or share under applicable law, you will have the opportunity to opt-out. Please note that we DO NOT use cookies for marketing purposes or for advertising on other websites to you (often referred to as “targeted advertising”), and any use of cookies or similar technology is solely for tracking website performance and/or your preferences. Finally, we do not use personal information for profiling in furtherance of decisions that produce legal or similarly significant effects concerning individuals.

Aside from the above specific instances of “sale” or “sharing” of personal information as defined by those particular U.S. State laws, GoSwim does not sell, re-sell, or distribute for re-sale your personal information.

How does GoSwim share your Personal Information with third parties?

As an Athlete or Guardian, you may choose to share personal information with Team Administrators or others via the Services. As a Guardian, you may permit Team Administrators to record videos of your Athlete in order to run analytics or for other purposes as described herein. GoSwim does not control how those parties subsequently use that personal information outside of the Services. In addition, you may share personal information with Evaluators or other third parties for coaching or other services available on the GoSwim Marketplace outside of your specific Team Administrator relationship. Please inquire with Team Administrators or those third parties regarding their own data practices.

We may provide any of the described categories of personal information to GoSwim employees, consultants, affiliates or other businesses or persons for the purpose of processing such information on our behalf in order to provide the Service to you. In such circumstances, we require that these parties agree to protect the confidentiality of such information consistent with the terms of this Privacy Notice. Third parties receiving personal information may include:

  • Our affiliates and related companies;
  • Third-party vendors or service providers providing crucial services and necessary to provide the Services to you (e.g. emailing on behalf of GoSwim, database management services, database hosting, customer support software, and security);
  • Business partners, contractors, channel partners, or other partnered entities for specific purposes consistent with this Privacy Notice;
  • Certain third party applications, websites, and services may be integrated with our Services. As such, those integrated third-party service providers may receive your personal information. For example, when you upload videos, AWS receives the information that you share through that functionality;
  • Government agencies or other parties in response to legal process or other requests, where permitted by law.

We will not share your personal information with other, third-party companies for their commercial or marketing use without your consent or except as part of a specific program or feature for which you have the ability to opt-in or opt-out. For Athletes under the age of 18, we will never sell, rent, or otherwise share your personal information with other, third-party companies for their commercial or marketing use.

In addition, we may release personal information: (i) to the extent we have a good-faith belief that such action is necessary to comply with any applicable law; (ii) to enforce any provision of the Terms of Service , protect ourselves against any liability, defend ourselves against any claims, protect the rights, property and personal safety of any user, or protect the public welfare; (iii) when disclosure is required to maintain the security and integrity of the Service, or to protect any user’s security or the security of other persons, consistent with applicable laws (iv) to respond to a court order, subpoena, search warrant, or other legal process, to the extent permitted and as restricted by law; or (v) in the event that we go through a business transition, such as a merger, divestiture, acquisition, liquidation or sale of all or a portion of our assets.

How long does GoSwim retain your personal information?

GoSwim will retain your personal information only for as long as is necessary for the purposes set out in this Notice. We will retain and use personal information to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes and enforce our legal agreements and policies.

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

Go Swim may retain Athlete Analytics collected from the Athlete Videos even after deletion of an Athlete Account and the associated Athlete Videos, but only after said Athlete Analytics have been fully anonymized to remove all personal information.

GoSwim will also retain usage data for internal analysis purposes. Usage data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of the Services, or we are legally obligated to retain this data for longer periods.

International Data Transfer

If you are located outside the United States, in particular if you are located in Canada, Brazil, the European Union (“EU”), the European Economic Area (“EEA”), New Zealand, the Republic of South Africa, Switzerland, the United Kingdom, or other countries with similar data privacy laws, please note that we and our servers are located in the United States. Any information that you provide to us may be transferred to and processed in the United States or other countries around the world where we do business. Although this may include recipients of information located in countries where there may be a lower level of legal protection for your personal information than in your country, we will make efforts to protect your information in accordance with requirements applicable to the law in your particular jurisdiction and take steps to only share with third parties that offer similar protection. By using our Service, you unambiguously consent to your information being collected, processed, used, and transferred as disclosed herein.

Data Privacy Rights (European Union and Similar Jurisdictions)

If you are located in the EU or a jurisdiction with a similar law, the GDPR or its local equivalent may grant you certain rights under the law. In particular, the right to access, correct, and delete the personal information we hold about you. GoSwim will retain your personal information for the length of time you engage with our services as described in the retention section of this Notice, until you request deletion of such personal information. GoSwim is considered the Data Controller (or equivalent distinction) with regard to your personal information. You can find our contact information as described herein or in other portions of the Service.

In certain circumstances, you have the following data protection rights:

  • The right to access, update, or delete the personal information we have on you.
  • The right of rectification. You have the right to have your personal information rectified if that information is inaccurate or incomplete.
  • The right to object. You have the right to object to our processing of your personal information.
  • The right of restriction. You have the right to request that we restrict the processing of your personal information.
  • The right to data portability. You have the right to be provided with a copy of the personal information we have on you in a structured, machine-readable and commonly used format.
  • The right to withdraw consent. You also have the right to withdraw your consent at any time where we relied on your consent to process your personal information.

In order make a request regarding your personal information, please contact [email protected].

If you have a comment, question, or complaint about how we are handling your personal information, we hope that you contact us at [email protected] in order to allow us to resolve the matter. In addition, if you are located in the EEA, you may submit a complaint regarding the processing of your personal information to a regulatory authority. The following links may assist you in finding the appropriate regulator:

In the UK, you have the right to lodge a complaint with the Information Commissioner:

www.ico.org.uk

In South Africa, you have the right to file a complaint with the Information Regulator: https://www.justice.gov.za/inforeg/index.html
In Switzerland, you have the right to contact the Federal Data Protection and Information Commissioner (FDPIC)

FDPIC

In the EU, you have the right to lodge a complaint with your local data protection authority. To find your local authority, you can check the list on the European Data Protection Board website:

https://edpb.europa.eu/about-edpb/board/members_en

In Brazil, you have the right to lodge a complaint with the National Data Protection Authority (ANPD) In Argentina, you have the right to contact the National Directorate for Personal Data Protection

PDP

In Canada, you have the right to lodge a complaint with the Office of the Privacy Commissioner in Canada:

Office of the Privacy Commissioner in Canada

In Japan, you have the right to contact the Personal Information Protection Commission.

https://www.ppc.go.jp/en/

In Australia, you have the right to lodge a complaint with the Privacy Commissioner

Australian Information Commissioner

In New Zealand, you can contact the Privacy Commissioner’s office

www.privacy.org.nz

Legal Basis for Processing under GDPR (and similar laws)

If you are located in the EEA or a jurisdiction that requires a similar legal basis for processing, our legal basis for collecting and using the personal information described in this Notice depends on the personal information we collect and the specific context in which we collect it.

We may process personal information because:

  • We need to perform a contract with you;
  • You have given us consent to do so;
  • The processing is in our legitimate interest to offer the Service, when that legitimate interest is not overridden by your rights;
  • To comply with the law.

Where personal information is processed based on consent, you may have the right to withdraw such consent at any time. To do so, please contact us as described in this Notice. If there is a different legal basis that would permit us to continue processing your personal information after withdrawing consent, we will notify you of that legal basis at the time of your request.

US State Privacy Rights and Disclosures

Depending on the state in which you reside, you may have certain privacy rights regarding your personal information. If you are a California resident, please see our “Notice to California Residents” section below. For other state residents, your privacy rights may include (if applicable in your state of residence):

  • The right to confirm whether or not we are processing your personal information and to access such personal information;
  • The right to obtain a copy of your personal information that we collected from and/or about you in a portable and, to the extent technically feasible, readily usable format that allows you to transmit the information to another controller without hindrance, where the processing is carried out by automated means;
  • The right to delete personal information that we collected from and/or about you, subject to certain exceptions;
  • The right to correct inaccurate personal information that we maintain about you, subject to certain exceptions;
  • The right, if applicable, to opt out of the processing of your personal information for purposes of (1) targeted advertising; (2) the “sale” of your personal information (as that term is defined by applicable law); and (3) profiling in furtherance of decisions that produce legal or similarly significant effects concerning you;
  • If we are required by applicable law to obtain your consent to process sensitive personal information, the right to withdraw your consent; and
  • The right not to receive discriminatory treatment by us for the exercise of your privacy rights.

Depending on how an applicable privacy law defines a “sale,” we may sell personal information to third parties. For instance, if you are a resident of Colorado or Connecticut, our use of cookies and tracking technologies may constitute a sale of personal information to third-party service providers like Google Analytics. To the extent that this activity constitutes a sell or share under applicable law, you will have the opportunity to opt-out. Please note that we DO NOT use cookies for marketing purposes or for advertising on other websites to you (often referred to as “targeted advertising”), and any use of cookies or similar technology is solely for tracking website performance and/or your preferences. Finally, we do not use personal information for profiling in furtherance of decisions that produce legal or similarly significant effects concerning individuals.

Aside from the above specific instances of “sale” or “sharing” of personal information as defined by those particular U.S. State laws, GoSwim does not sell, re-sell, or distribute for re-sale your personal information.

In order make a request regarding your personal information and/or to inquire about the availability of the above privacy rights, please contact: [email protected].

Notice to California Residents

The California Consumer Privacy Act, as amended by the California Privacy Rights Act of 2020 (“CCPA”), requires that we provide California residents with a privacy policy that contains a comprehensive description of our online and offline practices regarding the collection, use, disclosure, sale, sharing, and retention of personal information and of the rights of California residents regarding their personal information. This section of the Privacy Notice is intended solely for, and is applicable only as to, California residents. If you are not a California resident, this section does not apply to you and you should not rely on it.

The CCPA defines “personal information” to mean information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular California resident or household. Personal information does not include publicly available, deidentified or aggregated information or lawfully obtained, truthful information that is a matter of public concern.

Notice at Collection of Personal Information

We currently collect and, in the 12 months prior to the effective date of this Notice, have collected the categories of personal information listed above in this Privacy Notice.

We collect personal information directly from California residents and from the above-described sources. We do not collect all categories of personal information from each source. In addition, we collect personal information for the purposes stated above.

Sale, Sharing, and Disclosure of Personal Information

The CCPA defines “sale” as the transfer of personal information for monetary or other valuable consideration. Although we do not “sell” personal information as that term may be commonly interpreted, we engage in online activities that may constitute a sale or a sharing of personal information under California law. As indicated in other parts of this notice, this may include sharing your information with third parties like Google Analytics for limited purposes, but we do not use cookies or website tracking technology for marketing purposes or to show you advertisements on other websites related to your activity on the website. To the extent that this activity constitutes a sell or share under applicable law, you will have the opportunity to opt-out

The following table identifies the categories of personal information that we sold or shared, as defined by California law, to third parties in the 12 months preceding the Effective Date of this Privacy Notice and, for each category, the categories of third parties to whom we sold or shared personal information:

Category of personal information Categories of Third Parties
  • Web analytics or other similar network activity information as described in the Cookie Notice.
  • Data analytics provider.

We sold or shared personal information to third parties for the following business or commercial purposes:

  • To track page content and viewing information, pages viewed, keystroke activity, time spent on pages, scroll activity, click/touch information, and mouse movements;
  • To better understand your specific preferences and track your activity across our web-based offerings and advertisements.

The following table identifies the categories of personal information that we disclosed for a business purpose in the 12 months preceding the Effective Date of this Privacy Notice and, for each category, the categories of recipients to whom we disclosed personal information.

Category of personal information
(see above list for specific examples)
Categories of Recipients
  • Name and contact information
  • Billing Information;
  • Order Information;
  • Athlete video recordings;
  • User content;
  • Account Information
  • Geographic or location information;
  • Information contained in posts you may on the public forums and interactive features of the Service;
  • Athlete Analytics (when not anonymized).
  • Our affiliates and related companies;
  • Third-party vendors or service providers providing crucial services and necessary to provide the Services to you (limited to information necessary for the service provided).
  • Name and contact information.
  • Athlete video recordings;
  • User content;
  • Information contained in posts you may on the public forums and interactive features of the Service;
  • Athlete Analytics (when not anonymized).
  • Team Administrators, Evaluators, or other parties you specifically request your information to be shared with
  • Business partners, contractors, channel partners, or other partnered entities for specific purposes consistent with this Privacy Notice;
  • Certain third party applications, websites, and services may be integrated with our Services
  • Information contained in posts you may on the public forums and interactive features of the Service.
  • Other Users of the Service

We disclosed your personal information for the business or commercial purposes stated in the section “How does GoSwim Use personal information?” For information about the purposes of specific data disclosures, please contact us as provided in this Notice.

We do not knowingly collect or sell or share the personal information of consumers under 16 years of age without the consent of a Guardian. We do not collect or process sensitive personal information for the purpose of inferring characteristics about individuals and, consequently, do not collect sensitive personal information or use it for purposes other than those allowed by the CCPA and its regulations.

Your California Privacy Rights

If you are a California resident, you have the following rights with respect to your personal information:

  • The right to know what personal information we have collected about you, including the categories of personal information, the categories of sources from which we collected personal information, the business or commercial purpose for collecting, selling, or sharing personal information (if applicable), the categories of third parties to whom we disclose personal information (if applicable), and the specific pieces of personal information we collected about you;
  • The right to delete personal information that we collected from you, subject to certain exceptions;
  • The right to correct inaccurate personal information that we maintain about you;
  • If we sell or share personal information, the right to opt-out of the sale or sharing;
  • If we use or disclose sensitive personal information for purposes other than those allowed by the CCPA and its regulations, the right to limit our use or disclosure; and
  • The right not to receive discriminatory treatment by us for the exercise of privacy rights conferred by the CCPA.

How to Submit a Request to Know, Delete, and/or Correct

You may submit a request to know, delete, and/or correct by contacting: [email protected]. Depending on the nature of your relationship with GoSwim, we may ask you to confirm separately that you want your personal information deleted.

If you are submitting a request on behalf of a California resident, please submit the request through one of the designated methods discussed above. After submitting the request, we will require additional information to verify your authority to act on behalf of the California resident.

Our Process for Verifying a Request to Know, Delete, and/or Correct

We will comply with your request upon verification of your identity and, to the extent applicable, the identity of the California resident on whose behalf you are making such request. Our verification process may differ depending on whether you maintain a password-protected account with us.

If you maintain a password-protected account, we may verify your identity through existing authentication practices available through your account. Prior to disclosing or deleting the personal information, we will ask you to re-authenticate yourself with respect to that account.

If you do not maintain a password-protected account, or if you are an account-holder but we suspect fraudulent or malicious activity with your account, we will verify your identity either to a “reasonable degree of certainty” or a “reasonably high degree of certainty” depending on the sensitivity of the personal information and the risk of harm to you by unauthorized disclosure, deletion, or correction as applicable. To do so, we will ask you to verify data points based on information we have in our records concerning you.

Right to Opt-Out of Sale or Sharing of personal information

If you are a California resident, you have the right to direct us to stop selling or sharing your personal information.

You may submit a request to opt-out of sales or sharing through the cookie controls available on our websites. GoSwim does not engage in any activity that would constitute a “sale” or “sharing” of personal information outside of the use of cookies and similar tracking technology on our websites.

Right to Limit Use of Sensitive Personal Information

California residents have the right to limit our use or disclosure of sensitive personal information if we use it for purposes other than those allowed by the CCPA and its regulations. You may submit a request to limit our use of your sensitive personal information or inquire about GoSwim’s use of sensitive personal information by contacting [email protected].

Third Party Advertisers

We may allow other companies, called third-party ad servers or ad networks, to serve advertisements within the Service. These third-party ad servers or ad networks use technology to send, directly to your device, the advertisements and links that appear on the Service. They automatically receive your device ID and IP address when this happens. They may also use other technologies (such as cookies, JavaScript, or Web Beacons) to measure the effectiveness of their advertisements and to personalize the advertising content you see. You should consult the respective privacy policies of these third-party ad servers or ad networks for more information on their practices and for instructions on how to opt-out of certain practices. This Privacy Notice does not apply to them, and we cannot control their activities.

Information Security and User Responsibility

We employ industry-standard security measures designed to protect the security of all information submitted through the Service. However, the security of information transmitted through the internet or via a mobile device can never be guaranteed. We are not responsible for any interception or interruption of any communications through the internet or for changes to or losses of data.

Users of the Service are responsible for maintaining the security of any password, user ID or other form of authentication involved in obtaining access to password protected or secure areas of the Service. In order to protect you and your information, we may suspend your use of any of the Service, without notice, pending an investigation, if any breach of security is suspected.

External Links

The Service may contain links to other websites maintained by third parties. Please be aware that we exercise no control over linked sites and GoSwim is not responsible for the privacy practices or the content of such sites. Each linked site maintains its own independent privacy and data collection policies and procedures, and you are encouraged to view the privacy policies of these other sites before providing any personal information.

You hereby acknowledge and agree that GoSwim is not responsible for the privacy practices, data collection policies and procedures, or the content of such third-party sites, and you hereby release GoSwim from any and all claims arising out of or related to the privacy practices, data collection policies and procedures, and/or the content of such third-party sites.

Changes to this Privacy Notice

GoSwim reserves the right to modify this Privacy Notice from time to time in order that it accurately reflects the regulatory environment and our data collection principles. When material changes are made to this Privacy Notice, GoSwim will post the revised Notice on our website. This Privacy Notice was last modified as of August 2023.

Contact Us

If you have any questions or comments about this Privacy Notice or the Service provided by GoSwim, please contact us at: [email protected].