Effective Date: May 9th, 2022

Welcome to SwimOutlet.com, which is owned and operated by Spiraledge, Inc. d/b/a SwimOutlet.com ("SwimOutlet" "we" or "us"). We understand that your privacy and the protection of your data are important to you. We created this Privacy Policy to help you understand the types of information we collect about you through the SwimOutlet.com website (the "Site"), why we collect, how we use it, and when we share it with third parties. We also describe the choices have about how we collect and use your information.

Because your privacy also matters to us, please take your time reviewing this Privacy Policy. We also encourage you to review our Terms of Use because it contains important limitations on our liability to you.

If you have questions about our Privacy Policy, please contact us using the information below. You may use the following links to navigate our Privacy Policy and learn more about our data practices:


WHAT KINDS OF INFORMATION DO WE COLLECT?

Depending on how you use the Site, we may collect different kinds of information from or about you:

  • Information you provide: We collect the content and information you provide when you use the Site, including when you create a SwimOutlet.com account ("Account"); participate in a survey, contest, sweepstakes, or other promotion; register for our newsletter; post a review of a purchase, provide us with feedbacks, comments, and testimonials; or request information or assistance from us. Your content and information may include "Personal Information", which is any information that can be used to identify you. For example, Personal information can include your: (i) contact information (name, address, phone number, or email address); (ii) photos or images; or (iii) certain data about your use of the Site that is considered Personal Information in some jurisdictions. Personal Information may also include the following:
  • User comments: User comments that you may provide, such as in reviews, blog posts, testimonials, or comments. Please note that the information you submit in these user comments may be posted publicly on the Site. If you do not want your information to be publicly available, please do not submit reviews, testimonials, or comments.
  • Device Information: We collect information from or about the computers, phones, or other devices that you use to access the Site. We may associate this Device Information across your devices, which helps us provide consistent services across your devices. Such device information typically includes:
    • Your online environment (operating system, browser, hardware version, device settings, or device identifiers);
    • Device location, including specific geographic locations, such as through Bluetooth, WiFi signals, or GPS;
    • Connection information (name of your mobile operator, internet service provider, IP address); and
    • Browsing activity, such as the pages you visit or the links you click on.
  • Payment Information: If you place an order, we will collect the information that we need to process your transaction, such as your name, billing address, payment information, shipping address, phone number, and the recipient's information if the order is a gift. We use third party companies to help us process your credit card information securely. We do not store any of your financial or credit card information. If you provide us with your phone number you may opt-in to receive text messages containing updates on your order.
  • Social Media Account Information: If you choose to connect your social media account to the Site, the social media platform may share information with us about your use of the social media platform. This information may include your profile information such as name and email address. Please note that these social media platforms may set cookies and other tracking technologies on your device when you visit their pages and when you navigate from their pages. The output of such information may be provided to us. Information about how these platforms collect and use your personal data (and how they use cookies and other technologies, including instructions on how you can disable these) can usually be found in their privacy policies and cookies policies on their respective websites. Please refer to that social media platform's privacy settings to control how your information is share with us and other third parties.
  • Demographic Data. We may collect specific or general demographic data when you fill out forms or surveys or sign up for and participate in events, contests, sweepstakes, promotions, and special programs that we provide. Examples of such information include age, gender, zip code, state, and country.
  • Communications Data. We collect information when you communicate with us or others on our Site, such as when you request additional information about products or services, interact with our customer service team, or sign up to receive our e-mail newsletters or marketing messages.
  • Shopify Order Information: We use Shopify to power our online-store. If you place an order in our store, Shopify will, on our behalf, collect your Personal Information and other information that it needs to process your transaction. You can read more about how Shopify uses your Personal Information here: https://www.shopify.com/legal/privacy.
  • Direct Telephone Orders. If you place an order with us directly over the telephone, we will collect the Personal Information that is necessary to process your transaction such as your name, email address, billing address, shipping address, billing and payment details, phone number and information about your order. We use third party companies to help us process your payment card information securely. We do not store any of your financial or credit card information. If you provide us with your phone number, you may opt-in to receive text messages containing updates on your order.
  • Affiliate Marketing Program Information: We manage our affiliate marketing program (the "Affiliate Program"). If you join the Affiliate Program and become an affiliate, we will collect certain Personal Information relevant to your participation in the Affiliate Program such as your name, street address, phone number, email address, and birth date or gender, unique identifiers such as username, account number or password, payment and account information, preference information such as order history or marketing preferences and similar information.
  • Employment Application Information: If you apply for employment with SwimOutlet.com, we will collect your name, work history, and other information relevant to your employment application. We will not use your information for purposes other than evaluating and processing your employment application.

HOW DO WE USE THIS INFORMATION?

We are passionate about creating engaging and customized experiences for you and we use all of the information we collect to help provide and support the Site. We also use your information to communicate with you and deliver advertising that may be more relevant to you. We will obtain your consent to use your Personal Information for a purpose other than as described in this Privacy Policy and below:

  • Offering, improving and developing the Site: We use your information to provide and improve the services that we offer, including to operate, maintain and develop Site content, features, and products. We also use your information to analyze our operations and marketing initiatives and develop new services and products in response to your feedback. We also may use the data to track user behavior (e.g., pages viewed, for how long, the performance of those pages, etc.) to improve the product/service and user experience.
  • Communicate with you: We may use your information to send you advertising or marketing communications about products, services, offers, promotions, rewards, and events offered by us, surveys, and important administrative announcements about the Site or your Account. We also use your information to respond to you when you contact us.
  • Personalize your experience: Your information helps us personalize your experience when you use the Site. We use your information to present to you products and information tailored to your interests and provide you with specialized content and product offers. For more information about how you can control how information about you is used to personalize the ads you see, please see the section on Opting out of Interest-Based Advertising below.
  • Promoting Safety and Security: We use the information we collect to help verify your identity, your account, and your activity on the Site. We might use this information, for instance, to investigate suspicious activity or violations of our Terms of Use or policies.
  • For our online store: Shopify, on our behalf, uses the Payment Information that it collects to fulfill orders placed through the Shopify store on our Site. Shopify may use your information to provide us with its services, including supporting and processing orders, risk and fraud screening, authentication, and payments. Shopify may also use your information to improve its services. If you opt into Shop or Shopify Pay, Shopify may store and use your information to pre-fill your checkout information. Shopify may use your information to help customize and improve your experience when you visit our store by presenting to you goods and services that are more likely to be of interest to you. You can read more about how Shopify uses your Personal Information and when it may share your information here: https://www.shopify.com/legal/privacy.
  • Administering the Affiliate Program: If you are an affiliate in the Affiliate Program, we may use your Personal Information to communicate with you concerning your participation in the Affiliate Program, the management of the Affiliate Program and to pay you commissions for referrals of customers to our Site. We may also use your Personal Information to process your requests, to contact you regarding our products and services which may be of interest to you, to carry out our administrative services and to track customer referrals from our affiliate’s websites.
  • Promoting our Family of Spiraledge Companies. We may use your Personal Information to promote the programs, products and services of our family of Spiraledge companies.
  • Cookies and Data Collection Technology. We use cookies and other data collection technologies to provide and support the Site and the uses described in this section. See Cookies and Other Data Collection Technology below to learn more about how we use Data Collection Technology and how to control cookies on your devices. Shopify, which powers our online store, may collect information from cookies stored temporarily under Shopify’s Cookie Policy. For more information see: https://www.shopify.com/legal/privacy#cookies
HOW IS THIS INFORMATION SHARED?

We will only share your Personal Information we disclosed to you at the time we collect it, with your consent, or as stated below:

  • With our vendors: We work with vendors that help us provide you the Site and related services. Unless prohibited by applicable law, we may share information with our vendors for purposes such as website hosting, professional services, human resources management, customer service, e-mail delivery, credit card processing and auditing. When we share Personal Information with vendors, we require those vendors to process your Personal Information only on our behalf and for the same purposes for which the Personal Information was collected.
  • With third party partners: We work with third party partners that provide advertising, promotions, discounts, invitations and other offers, as well as measurement and analytics services. We want our advertising to be relevant and interesting, so we may share information with these third party partners to help us tailor these advertisements to your interests. We do not sell your Personal Information to these third party partners, nor do we sell your Personal Information to any third parties for such third party's marketing purposes. We do not authorize these third parties to use or disclose your Personal Information for any purposes other than those for which we have retained them. You may have the ability to limit the information shared for third party advertising. Please see the sections on “Cookies” and Your California Privacy Rights below.
  • With our Family of Spiraledge Companies: We share your Personal Information with our family of Spiraledge companies to promote our programs, products and services, for the other purposes described in this Privacy Policy, and as required or authorized by law. Our family of Spiraledge companies are business divisions owned and operated by Spiraledge.
  • As part of a corporation transaction: Unless prohibited by applicable law, we may share, transfer or delete your Personal Information if we are involved in a merger, sale, acquisition, divestiture, restructuring, reorganization, dissolution, bankruptcy or other change of ownership or control by SwimOutlet or any affiliated company (in each case, whether in whole or in part). If required by applicable law, any such sharing of information will be reported to regulators in accordance with the applicable law.
  • With our online store provider: Our online store is hosted by Shopify. You acknowledge and agree that your use of the Site may include having your Personal Information and order information transferred to and stored by Shopify on our behalf pursuant to its privacy policy, which is available at https://www.shopify.com/legal/privacy.
  • With our credit card processor: If you place an order with us directly over the telephone, we will collect the Personal Information that is necessary to process your transaction and we may share it with third party companies to help us process your payment card information securely. We do not store any of your financial or credit card information.
  • In other lawful ways: We may also share your Personal Information: (i) if we determine that disclosure is necessary to comply with the request of a law enforcement, regulatory agency or other legal process; (ii) to protect the rights, privacy, property, interests or safety of our company or our affiliates, customers, business partners, suppliers, employees or the general public; (iii) to pursue available remedies or limit damages; (iv) to enforce our Terms of Use; (v) to respond to an emergency; and (vi) as otherwise permitted by applicable law.

COOKIES AND OTHER DATA COLLECTION TECHNOLOGY

We use cookies and other data collection technologies to help us provide, protect and improve the Site.

Cookies are small pieces of text used to store information on web browsers. Cookies are used to store and receive identifiers on computers, phones and other devices and they may contain information such as user settings, browsing history and other Internet activities. While the cookies that we use may change from time to time as we improve and update the Site, the types of cookies we use generally fall into the below categories:

  • Session Cookies are used to operate our Services. Some cookies are essential for the operation of the Services. If a user chooses to disable cookies, certain content and features may not be available.
  • Preference Cookies are used to remember your preferences. For example, when you select your location on Site, we use cookies to remember your location preferences so you do not have to select it every time you visit the Site.
  • Advertising Cookies are used to serve you with advertisements that we believe are relevant to you and your interests. These cookies also help us evaluate our marketing program performance and analytics.
  • Security Cookies are used for general security purposes, such as user authentication and preventing fraudulent use or unauthorized access of data.

We also use web beacons (also called a pixel tag or clear GIF) that enable us to monitor user activity and website traffic. To learn more about cookies and web beacons, visit www.allaboutcookies.org. In this Privacy Policy, we refer to cookies, web beacons, and other similar technology as "Data Collection Technology."

Why we use Data Collection Technology: Data Collection Technology helps us to save your password for future log-ins, detect and prevent fraud, and help us (and our ad partners) manage our online marketing program and deliver ads that are relevant or may be of interest to you. Data Collection Technology also helps us personalize and improve the performance of the Site. For example, we use Google Analytics to collect information to improve the Site, such as how often users visit a website, what pages they visit when they do so, and what other website they used prior to visiting the Services. Google Analytics places a cookie on your web browser so that it can identify you the next time you visit the Site, the cookie cannot be used by anyone but Google. Google's ability to use and share information collected by Google Analytics about your visits to the Site is restricted by the Google Analytics Terms of Use and the Google Privacy Policy.

Controlling cookies on your computer: Like many websites, we use cookies to analyze visits to our website and help us improve our website and services. Most web browsers are set to accept cookies by default. If you prefer, you can usually set your browser to remove or reject cookies. Please follow your browser’s process for doing so. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of our website and you may not be able to participate in certain activities or receive a promotion tailored to you. We do not control and do not guarantee the effectiveness of browser-based tools for managing cookies.

Our policy on "Do Not Track" signals: California's Online Privacy Protection Act requires website operators to disclose how they respond to web browser's "Do Not Track" ("DNT") signals. Some web browsers incorporate a DNT or similar feature that signals to websites that a user does not want to have his or her online activity tracked. Not all browsers offer a DNT option and DNT signals are not yet uniform. For this reason, many websites, including SwimOutlet’s, do not respond to DNT signals.

Opting out of Interest-Based Advertising. Interest-based advertising is a way that helps companies provide you with more relevant advertising on the websites you visit of the applications you use. If you want to "opt out" of receiving online interest-based ads, please follow the instructions at www.aboutads.info/choices, or http://www.networkadvertising.org/choices/. Please note that when you "opt-out" of receiving interest-based ads, this does not mean you will no longer see ads from us or on the Site. It means that the online ads that you do see will not be based on your particular interests. If you delete cookies on your device, generally you will need to opt-out again. More information about online behavioral advertising can be found at www.aboutads.info.

HOW CAN I MANAGE OR DELETE INFORMATION ABOUT ME?

If you are an Account holder, you can manage your Personal Information in your account settings and profile page. You may also contact us directly if you wish to manage the Personal Information we may hold about you. If you purchase our products through Shopify, you can manage your Personal Information in your account settings as described within Shopify’s privacy policy. If you are an Affiliate you can manage your Personal Information by contacting us directly.

You may change any of your Personal Information in your account by editing your profile within your account or by sending an e-mail to us at the e-mail address set forth below. If you believe that any Personal Information we are holding about you is incorrect or incomplete, you can also request that we correct or supplement such data. Please contact us as soon as possible if you become aware of any such inaccuracy or incompleteness.

You may request deletion of your Personal Information, but please note that we may be legally required to keep this information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements). Upon your request, we will close your account and remove your Personal Information from view as soon as reasonably possible, based on your account activity and in accordance with applicable law. We may retain Personal Information from closed accounts for a certain period of time to comply with law, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigations, enforce our Terms of Use, and take other actions otherwise permitted by law.

You can request more information about the Personal Information we hold about you. You can request a copy of your Personal Information. If you wish to receive a copy of your Personal Information, you may send us an e-mail at the address set forth below and we will provide you with a copy in a readily usable format.

HOW CAN I OPT OUT OF MARKETING COMMUNICATIONS?

If you do not wish to receive marketing-related emails from us or prefer us not to process your Personal Information for marketing purposes, you may use the unsubscribe link in any of our marketing emails or contact us at 1-800-691-4065 or shop@swimoutlet.com. Please note we cannot remove your Personal Information from the databases of third parties with whom we have shared your Personal Information prior to your opt-out request. Please contact those third parties directly.

HOW DO WE PROTECT YOUR INFORMATION?

We take reasonable precautions intended to help protect your Personal Information that we collect. Unfortunately, no system or online transmission of data is completely secure, and we cannot guarantee the security of data transmitted across the Internet. If you believe that information you provided to us is no longer secure, please notify us immediately using the contact information provided below. You are responsible for keeping your password for access to the Site confidential and secret. If you lose control of your password, anyone who has your password may access your account. You may lose control over your Personal Information and may be subject to legally binding actions taken on your behalf. We urge you to keep your password secure and safe at all times. By using our Site, you acknowledge that you are responsible for the security of your username and password. Therefore, if your password has been compromised for any reason, you should immediately notify us and change your password.

LINKS TO THIRD PARTY WEBSITES

The Site may include links to third party websites and services that we do not own or operate. When you click these links, you will be directed away from the Site to that third party's website. Any information you submit on that third party's website will be subject to that third party's practices and privacy policy. We encourage you to read these third-party privacy policies carefully before submitting your information. In addition, our Privacy Policy addresses only our practices with respect to Personal Information we collect about you in the course of using our Site and does not apply to information about you that might be collected by a third-party website or an offering linked to or otherwise accessible from our Site. Any information collected, obtained and/or used by any such third parties is subject to the privacy policies of those third parties. We encourage you to review the privacy statements of websites you choose to link to from our Site so that you can understand how those websites collect, use and share your information. We are not responsible for the privacy statements, use of your information or other content on websites outside of the Site.

NOTE TO INTERNATIONAL USERS

Please note that your Personal Information may be stored and processed on servers in the United States. The laws on holding personal data in the United States may differ from the laws of other countries. By using the Site, you consent to the transfer, storage and use of your Information in accordance with applicable laws and with this Privacy Policy. We do not market or advertise the products offered through the Site to anyone located in the European Union. We do not target customers residing within the European Union. We do not ship products to customers located in the European Union. We do not have an office or any agents in the European Union. We only accept payment for such products in United States dollars.

Note to Canadian Customers
The Site is governed by and operated in, and in accordance with the laws of, the United States. If you are located in Canada or elsewhere outside of the United States, please be aware that information we collect is transferred to and processed in the United States. By using the Site, or providing us with any information, you consent to the collection, processing, maintenance and transfer of such information in and to the United States in which the privacy laws may not be as comprehensive as or equivalent to those in the country where you reside and/or are a citizen, and you waive any claims that may arise under those laws. While in another jurisdiction for processing, your personal data may be accessed by the courts, law enforcement, and national security authorities of that jurisdiction. These jurisdictions may not provide the same level of data protection as your home jurisdiction. We have put in place contractual and technical safeguards designed to ensure that your personal data is safely stored, processed and/or accessed by third party service providers when transferred outside of Canada. We shall require the third party service providers to keep your personal data secure and that it may only be used in connection with providing services to us.

YOUR CALIFORNIA PRIVACY RIGHTS.

Pursuant to California’s “Shine the Light Act,” California residents are permitted to request information about the manner in which we share certain categories of information with certain third parties for their marketing use. Please contact us as described at Contact Us below if you wish to request this information. We do not sell Personal Information to unaffiliated third parties for marketing purposes.

If you are a California resident, the California Consumer Protection Act (the “CCPA”) provides you with certain rights with regard to our use of your Personal Information. For information about your rights under the CCPA please click here:

https://www.swimoutlet.com/pages/california-disclosures/

CHILDREN'S PRIVACY

The Site is not directed to or intended for use by minors. Consistent with the requirements of the U.S. Children's Online Privacy Protection Act and similar rules in other jurisdictions, if we learn that we have received any information directly from a child under age 13 (or such other age as set by the laws of jurisdictions outside the U.S.) without his or her parent's verified consent, we will use that information only to respond directly to that child (or his or her parent or legal guardian) to inform the child that he or she cannot use the Site and subsequently, we will delete that information.

HOW WILL WE NOTIFY YOU OF CHANGES TO THIS PRIVACY POLICY?

The Effective Date of this Privacy Policy is set forth at the top of this page. If we make a material change to the way we treat your Personal Information, we will notify you in advance via email or by posting the amended Privacy Policy on the Site. Your continued use of the Site after the Effective Date of any changes constitutes your acceptance of the amended Privacy Policy. Any amended Privacy Policy supersedes all previous versions.

CONTACT US

To learn more about how SwimOutlet and uses your information, please contact us using the information below:

By Mail:
Swimoutlet.com
2105 S. Bascom Ave, Ste 160
Campbell, CA 95008
By Phone:
1-800-691-4065
By Email: