- What kinds of Information do we collect?
- How do we use this information?
- How is this information shared?
- Cookies and other Data Collection Technologies
- How can I manage or delete information about me?
- How can I opt out of marketing communications?
- How do we protect your information?
- Links to third party websites
- Note to international users
- Note to Canadian users
- Your California privacy rights
- Children's privacy
- How to contact us
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 or otherwise defined as such by applicable law. For example, Personal Information can include: (i) your contact or profile information (name, address, phone number, or email address); (ii) your photos or images; or (iii) certain data about your use of the Site that is considered Personal Information under applicable law. Personal Information also includes information contained within the definition of "personal data" in the General Data Protection Regulation as adopted by the European Union (the "GDPR"). 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.
- 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 us, 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.
- 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 operation, to conduct research and development 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. We may use your information to debug and identify and resolve problems that affect the functionality of our Site and services.
- Advertising And Marketing.We may use your information to send you advertising or marketing communications about products, services, offers, promotions, rewards, and events offered by us, surveys, news, and information that may be of interest to you, and 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.
- 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.
- Combined Information. We may combine information we collect about you with other public or private information sources in order to provide you with advertising communications that may be relevant to you.
- 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.
- Text-Based Marketing. We may send you promotional text messages (“SMS”) if affirmatively opt-in to receiving them.
- Cross-Context Behavioral Advertising. Our advertising may be based on your activity or search behavior obtained from other businesses, websites, applications, or services. We may merge this with data collected from our Site.
- Contextual and Look Alike Advertising. Contextual advertising is a form of advertising used to show relevant digital content. Because these ads are based on the site visited, not your behavior on that site, you will still see “contextual” ads even if you opt out of interest-based ads. Unlike interest-based ads which are based on your specific-activity, these ads are presented to anyone visiting a particular site. We analyze data to help us learn about general trends, habits, or characteristics from a group of consumers who all act similarly online and/or offline. By doing this, we can find and serve many others who “look like” those already in the group and thereby present what we believe will be relevant and beneficial product offers and information.
- Social Media Advertising. We may also display ads to you through social media platforms. These ads are sent to groups of people who share similar traits or interests. For example, we may advertise to certain social media users who have expressed an interest in shopping for swimming, fashion, beach or surf products. For more information, see the privacy policies of each social media platform for additional information about these types of ads.
- Corporate Transactions. We may process your Personal Information in connection with corporate acquisitions, mergers, or other corporate transactions.
- Comply with Legal Obligations. We may process your Personal Information to comply with our legal or regulatory obligations, including our tax obligations and those related to the prevention of fraud, and those required by any regulatory requirements or provisions.
- Your Consent. We may process your Personal Information in accordance with your consent or instructions.
- Reasonable Other Purposes. As permitted by applicable law, to carry out certain short-term activities and other reasonable purposes related to the products or services you purchase from us or your ongoing relationship with us.
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 customer support, product fulfillment, 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.
- As part of a corporation transaction. 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. If required by applicable law, any such sharing of information will be reported to regulators.
- 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.
- Data Networks and Aggregated, Anonymized Or De-Identified Data. We may share aggregated, anonymized or de-identified information, which cannot reasonably be used to identify you, with Shopify, our online store, or with other third parties. Shopify may pool such information with similar information derived from other merchants in its network and provide it to advertisers, advertising networks and social networks that may use the combined data to select and serve relevant advertisements to you and others. When we share or pool aggregated, anonymized or de-identified information with Shopify or other third parties, it is not Personal Information and consequently, is not subject to the GDPR or CCPA.
- With Your Consent Or At Your Direction. We share personal data with third parties when we have your consent to do so.
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.
- 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.
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 MY PERSONAL INFORMATION?
You may change any of your Personal Information in your account by editing your profile within your account or by contacting us at Contact Us 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 also request a copy of the Personal Information we hold about you. If you wish to receive a copy of your Personal Information you or exercise any of your legal rights with respect to your Personal Information, including your rights under the GDPR, you may send us an e-mail at Contact Us below and we will provide you with a copy in a readily usable format or respond to your request to exercise your rights.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 firstname.lastname@example.org.
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.
You can stop marketing text messages, by replying “STOP” to our promotional text messages.
Please note that if you opt out of receiving promotional communications from us, we may still send you transactional communications, including emails about your online account, rewards account, membership program, or purchases. If you have any questions regarding transactional communications, please Contact Us below.
If you are receiving any other communications, have any questions, or continue to receive communications after opting out, please Contact Us below. Please include any relevant information such as a forwarding of the email received, specification of the order number in question, screenshot of the online message, scan of the mailed marketing materials, etc. Please note that you may continue to receive communications while we process your request.
If you have any questions regarding our use of your Personal Information, please Contact Us below.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
As residents of the EU or UK, you will have certain additional rights with respect to your Personal Information under the General Data Protection Regulation including:
1. The right to be informed.
2. The right of access.
3. The right to rectification.
4. The right to erasure.
5. The right to restrict processing.
6. The right to data portability.
7. The right to object.
8. The right to restrict automated decision making and profiling.
To exercise any of these rights, please Contact Us below. We will respond to your request within 30 days of receipt. We must verify your identity in order to honor your request.
Lawful Bases of Processing – Where we are acting as a data controller that determines the purposes and means of processing your Personal Information, such as when we collect, use, and share Personal Information as described in the sections above, we must have a lawful basis for processing for doing so. Our lawful bases for processing Personal Information include:
- To conclude or perform a contract with you, for example to:
- process your purchases of or requests for products and services, including delivering gift cards in accordance with your instructions;
- communicate with you about orders, purchases, returns, services, accounts, programs, contests, and sweepstakes.
- For our legitimate business purposes, including to:
- respond to your customer service inquiries and requests for information;
- maintain, improve, and analyze our websites, mobile applications, ads, and the products and services we offer;
- detect, prevent, or investigate security breaches or fraud; and
- facilitate the functionality of our Site and mobile applications.
- To comply with our legal obligations, for example to maintain appropriate records for internal administrative purposes and as required by applicable law, and provide important product safety information and notice of product recalls;
- On the basis of your consent, for example to send you via email and other electronic means personalized promotions and special offers or informing you about our brands, products, events, or other promotional purposes; and
NOTE TO CANADIAN RESIDENTS
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.
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:
To learn more about how SwimOutlet and uses your information, please contact us using the information below:
2105 S. Bascom Ave, Ste 160
Campbell, CA 95008