Effective Date: August 10, 2020
Your Privacy Rights
We may collect information through our website located at intheswim.com and any other site on which this policy is posted (including any subdomains each, a “Website”, and collectively, the “Websites”).
We collect two types of information about and from persons who use the Services: Personal Information and Anonymous Information.
“Personal Information” is information that is personally identifiable to you, such as your name, address, email address or phone number, as well as other non-public information that is associated with the foregoing. Anything you publicly post or that is available publicly will not be considered Personal Information, and will be outside the restrictions of this policy.
“Anonymous Information” means information that is not associated with or linked to your Personal Information. We may create Anonymous Information from (i) automatically gathered information or (ii) Personal Information by excluding information (such as name) that may make the information personally identifiable to you.
Personal Information Collected
We collect certain Personal Information about you or about those you identify, which may be supplied when you interact with the Service, make a purchase, register for a rewards program, sign up for emails, newsletters, or marketing or other correspondence, schedule shipments, request services, create a pool services profile, participate on social media accounts involving the Services, participate in a contest, sweepstake, or other promotion, participate on an interactive forum, make an inquiry or submit correspondence with the Service, use the Career Center, or otherwise when you submit such information on any other place on the websites. The information collected may include, but is not limited to, one or more of the following:
- Phone number
- IP Address
- Purchase History
- Payment Information
- Device IDs
- Phone IDs
- Customer Profile
- Loyalty account information
- Order Information
- Tracking Information
Although it may appear that we collect payment card numbers, we process payments through a third-party and do not have access to your card numbers.
We also use social media platforms. The Service may be integrated with third-party social media platforms, such as Facebook and Twitter (“Platforms”). If you interact with the Platforms through the Service, the Platforms may make additional personal information about you available to us. Any personal information you have chosen to share on any of In The Swim’s social media pages will be visible to persons visiting those pages, and privacy on those pages is governed by the privacy policies of those social media companies.
Our websites includes social media widgets, such as Facebook and Twitter widgets. These features collect information about your IP address and which page you’re visiting on our websites, and they set a cookie to make sure their features function properly. Social media features and widgets are either hosted by a third party or hosted directly on our websites. Your interactions with those features are governed by the privacy policies of the companies that provide them.
The Service may request access to information stored on your device, such as photographs, and will collect such information that you permit.
Automated Cookie Information
Anonymous Information is collected about you when you use the Services, including but not limited to cookies, web beacons, and other online information-gathering tools.
Automatically Tracking Internet Protocol (IP) addresses is one method of automatically collecting information about your activities online and information volunteered by you. An IP address is a number that is automatically assigned to your device whenever you surf the internet. Further, the Services may utilize web beacons, pixel tags, cookies, embedded links, and other commonly used information-gathering tools. Some of these cookies and tools may be third-party storage technologies provided by associates such as Facebook or Google. These cookies may be combined with your Personal Information as associated with your profile, and when they are, they will be considered Personal Information. Third-parties that collect cookies through the Service may also store such information in connection with other personal information about you, subject to those own providers’ privacy policies.
Although it may be possible to turn off the collection of cookies through your device, that may interfere with your use of the Services. Most browsers are initially set to accept cookies, but you can change your settings to notify you when a cookie is being set or updated, or to block cookies altogether. Please consult the “Help” section of your browser for more information. Please note that by blocking any or all cookies, you may not have access to certain features, content, or personalization available through the websites. Additionally, if you would like to avoid cookies, view our websites in “privacy mode.”
Use of Information
Internal Use of Information by Us
We accept and gather Personal Information and Anonymous Information in an effort to provide the Services to you and to provide to you products that you may purchase.
We may use Personal Information to help us develop and improve our products and Services, fulfill your requests and orders, send materials to you and enable us to contact you if any problems arise from your transactions with us, inform you about our offers and those of others, tailor our products and Services to meet our customers’ interests, respond to your requests or questions for information about your account or transactions, deliver email communications, newsletters, and other correspondence to which you subscribe, process program requests and communicate with you regarding your participation in our rewards program, administer our rewards program, promote our products and services, promote third-party products and services that we think you may find of interest, communicate with you about our contests, sweepstakes and other promotions, conduct other marketing activities, process and respond to your application for current or future career opportunities, and comply with applicable law, and for other purposes permitted by law.
We may use Anonymous Information to monitor the usage of our website services, assess performance, ensure technological compatibility with your device, and understand the relative importance of the information provided on the services. We may also use this data to conduct statistical analyses on visitors’ usage patterns, such as surveying webpage duration, and other data in an aggregated and anonymous manner. We may use location information to provide features of our websites, which includes improving and customizing our services. You can enable or disable location services when you use our websites at any time by way of your device settings.
We may use Anonymous Information, non-Personal Information or Personal Information for any business purpose permitted by law.
Sharing Collected Information
We may share personal and non-personal information with our business associates, consultants, service providers, advisors and affiliates in order for them to provide services to us, to you, and to enable us to provide the Service and sell the Products. For example, our host and internet service provider may have access to this information to support our websites, and a representative may call, text or e-mail you, if you have indicated an interest in one or more of our Products. Similarly, we may share your information with our suppliers, Product manufacturers, shipment providers, and other vendors. We may disclose your information for product warranty or defect notification issues.
We may disclose aggregate information in connection with marketing and publicity relating to the Service and Products.
We may further disclose information we collect with business associates for their own business purposes, in which such information and use will be governed by their own privacy policies.
Data about your activities online may be collected for use in providing advertising tailored to your individual interests, either by us, our affiliates, or third parties. We work with third parties such as network advertisers and ad exchanges to serve advertisements across the internet and may use third party analytics service providers to evaluate and provide us and/or third parties with information about the use of these ads on third party websites and viewing of ads and of our content.
Further, we may disclose collected information to the extent we believe it necessary to comply with the law, such as in response to a subpoena or court order, to defend a legal claim, to prevent property damage or physical harm, to assist law enforcement or otherwise as permitted by applicable law. Additionally, we may transfer your information to successor in interest, which may include but may not be limited to a third-party in the event of an acquisition, sale, merger or bankruptcy.
Storage and Processing
Personal information collected on our websites, or received by In The Swim’s from you or third parties, may be stored and processed in the United States or any other country where we or our service providers maintain facilities.
International Transfer of Information
If you choose to provide us with personal information, we may transfer that information to our affiliates and subsidiaries or to other third parties, across borders, and from your country or jurisdiction to other countries or jurisdictions around the world in accordance with legal requirements.
We maintain physical, electronic and procedural safeguards to protect the confidentiality and security of personal information transmitted to us using the Sites. To help guard your information, our Sites use Transport Layer Security (TLS). TLS encrypts your credit card number, name and address so only In The Swim’s is able to decode your information. Please note that email is not encrypted and is not considered to be a secure means of transmitting credit card information.
To be sure your connection is secure locate the lock icon on your browser window. If you see an unbroken key or a closed lock (depending on your browser) the TLS encryption is active and your information is secure. Most browsers offer additional security alerts as well. If for some reason you are unable to connect to our secure server, please call us toll free at 1-800-288-7946.
We also ask customers to carefully review their accounts and immediately report any unexpected activity to In The Swim’s and your issuing bank or credit card company. Additionally, we are asking all our customers to take measures to help protect personal information in their online accounts, including the following:
- Install the latest security updates and anti-virus software on your computer to help prevent malware and viruses;
- Reset your email account password;
- Use complex passwords (a minimum of 7 alpha/numeric cAsE sEnsitive characters);
- Do not use the same password on more than one website;
- Do not share your password with others;
- Password protect your personal mobile device(s);
- Sign out/log off website sessions so that your session is closed and cannot be accessed by another user on the same computer, especially when using a public computer or terminal; and
- Visit these additional resources:
E-Mail and Electronic Newsletters
We may offer electronic newsletters and e-mails concerning available services, as well as new products and services, or may provide other marketing materials as a service to our users. Users may receive newsletters and e-mails concerning promotions and marketing of ours or of our business partners, after registering with the Service or after engaging with us in person or through our agents.
If you have received a message from us, and you no longer wish to receive such materials, you may opt-out by following the unsubscribe instructions included in each electronic newsletter and e-mail.
Please note that you may be required to separately opt out of any e-mails sent by our business associates.
Children and Privacy
We do not knowingly permit users to register for our Service if they are under 13 years old, and therefore do not request personally identifiable information from anyone under the age of 13.
If we become aware that a customer is under the age of 13 and has registered without prior verifiable parental consent, we will remove his or her personally identifiable registration information from our files. If you are the parent or guardian of a person under the age of 13 who has provided personally identifiable information to us without your approval, please inform us by contacting us at the e-mail address below and we will remove such information from our database.
Do Not Track
At present, the Service does not specifically respond to automated browser do-not-track signals.
California Privacy Rights
California law allows California residents to request information regarding our disclosures in the prior calendar year, if any, of their personally identifiable information to third parties. To make such a request, please contact us at firstname.lastname@example.org with "Request for Privacy Information" in the subject line. Please include enough detail for us to locate your file; at a minimum, your name, email, and username, if any. We will attempt to provide you with the requested information within thirty (30) days of receipt. We reserve our right not to respond to requests sent more than once in a calendar year, or requests submitted to an address other than the one posted in this notice. Please note that this law does not cover all information sharing. Our disclosure only includes information covered by the law.
For more information about your rights under the California Consumer Privacy Act, please click here.
- Calling Customer Service at 1-800-288-7946
- Emailing Customer Service at email@example.com