Summary

This summary provides a short overview of the key points of this notice. Please see the full section for any of these topics, below.

Personal Information – When you visit, use, or navigate our Services, we may process personal information depending on how you interact with Us and Our Services, the choices you make, and the products and features you use.

Sensitive Personal Information – We do not collect or process sensitive personal information.

Information from third parties – We do not receive any information from third parties.

Processing – We Process your information in order to provide, improve, and administer our Services, communicate with you, for security and fraud prevention, and to comply with the law. We may also process your information for other purposes with your consent. We process information only when a valid reason to do so exists.

Sharing – We may share information in specific situations and with specific categories of third parties.

Information Safety – We have organizational and technical processes and procedures in place to protect your personal information. No system is guaranteed to be 100% secure, so we cannot promise or guarantee that no unauthorized party or actor would be capable of defeating our security and obtaining your information.

Your Rights – depending on your geographic location, the applicable privacy laws may mean that you have certain rights regarding your personal information.

Exercising Your Rights – The easiest way to exercise your rights is by contact us. We will consider and act upon any request in accordance with applicable data protection laws.

Table of Contents

1. What information do we collect?
2. How do we process your data?
3. When and with whom do we share your personal information?
4. Do we use cookies and other tracking technologies?
5. How long do we keep your information?
6. How do we keep your information safe?
7. Do we collect information from minors?
8. What are your privacy rights?
9. Controls for Do-Not-Track features
10. Do California residents have specific privacy rights?
11. Do we make updates to this notice?
12. How can you contact us about this notice?
13. How can you review, update, or delete, the data we collect from you?

1. What Information Do We Collect?

We collect personal information that you voluntarily provide to us when you register on the Services, express and interest in obtaining information about us or our products & Services, when you participate in activities on the Services, or otherwise when you contact us.

Personal Information Provided by You – The personal information we collect depends on the context of your interactions with us and the Services, the choices you make, and the products and features you use. The personal information we may collect may include the following:

1. Name
2. Phone number(s)
3. Email address(es)
4. Mailing address(es)
5. Usernames
6. Passwords
7. Contact preference
8. Contact or authentication data
9. Billing address(es)
10. Debit/Credit Card number(s)

Sensitive information – We do not process sensitive information.

All personal information you provide to us must be true, complete, and accurate, and you must notify us of any changes to such personal information.

Information Automatically Collected – We automatically collect certain information when you visit, use, or navigate the Services. This information does not reveal your specific identity but may include device information and usage information, such as your IP address, location, and other technical information. This information is primarily needed to maintain the security and operation of our Services, and for our internal analytics.

The information we collect includes:

1. Log and Usage data. Log and usage data is service-related, diagnostic, usage and performance information our servers automatically collect when you access or use our Services and which we may record in log files.
2. Device data. We collect device data such as information about your computer, phone tablet, or other devices you use to access the Services.

Location Data. We collect location data such as information about your device’s location, which can be either precise or imprecise.

2. How Do We Process Your Information?

We process your information to provide, improve, and administer our Services, communicate with you, for security and fraud prevention, and to comply with relevant privacy laws. We may also process your information for purposes to which you additionally consent.

We process your information for a variety of reasons, depending on how you interact with our services including:

1. To facilitate account creation and authentication and otherwise manage user accounts.
2. To deliver and facilitate delivery of services to the user.
3. To respond to user inquiries/offer user support.
4. To send you administrative information including details about our products and services, changes to our terms and policies, and other similar information.
5. To fulfill and manage your orders and payments or other exchanges made through the use of our Services.
6. To enable user-to-user communications which permits users to communicate directly when necessary and appropriate.
7. To request feedback regarding the use of our Services.
8. To send you marketing and promotional communications to which you have consented. You may opt out of marketing emails at any time.
9. To post testimonials that you have provided regarding our Services.
10. To protect our Services, including fraud monitoring and prevention.
11. To evaluate and improve our Services and associated products, marketing, and overall user experience.
12. To identify usage trends in order to better understand your usage of the Services and provide you with more relevant information.
13. To comply with legal obligations including responses to law enforcement following valid court order.

3. When And With Whom Do
   We Share Your Personal Information?

We may share your data with third-party vendors, service providers, contractors, or agents (“third parties”) who perform services for us or on our behalf and require necessary access to such information. The categories of third parties include:

1. Cloud computing services
2. Data storage services
3. Finance and accounting tools
4. Order fulfillment service providers
5. Payment processors
6. Product engineering and design tools
7. Sales and marketing tools
8. Website hosting providers
9. Ad networks
10. Affiliate marketing programs
11. Communication and collaboration tools
12. Data analytics services

We may also need to share your data in in the instance the following situations occur:

1. Business Transfers, including negotiations therefor, mergers, sales, and acquisitions.
2. To permit use of the Google Maps Platform API
3. Affiliates such as a subsidiary or parent company, which affiliate shall also be bound to the terms herein.
4. Business partners in connection with certain products, services, or promotions.
5. Other users in instances when you either post information publicly on our Services or when another user views the information that you have made viewable.

4. Cookies and Other Tracking Technology

We may use cookies and other similar tracking technologies to access or store information.

5. How Long Do We Keep Your Information

We only keep personal data for as long as is necessary, unless a longer retention period is required or permitted by law (such as for tax or accounting purposes, or other legal requirements). No purpose in this notice will require the retention of personal data for longer than twenty-four (24) months past the termination date of a user account.

When there is no further ongoing business need to process your personal information, such information will be deleted or anonymized. In situations where deletion or anonymization is not possible, such information will be isolated from any further processing until deletion is possible.

6. How Do We Keep Your Information Safe

We have implemented appropriate and reasonable technical and organizational security measures designed to protect the security and integrity of any personal information we process. Despite this, no system may be guaranteed to be 100% secure and as such we cannot guarantee that personal information will not be subject to unauthorized access in the event of cyberattack. Any personal information provided assumes this risk and the user submits any personal information at their own risk.

7. Do We Collect Information From Minors

We do not knowingly solicit data from or market to persons under the age of 18. By using the Services you represent that you are at least 18 years of age or that you are the parent or guardian of such a minor and consent to the minor’s use of the Services. If we learn that personal data has been collected about a user less than 18 years of age, the data shall be deleted and the user account shall be deactivated.

8. What Are Your Privacy Rights

Withdrawing your consent: if we rely on your consent to process your personal information, which may be express or implied, you have the right to withdraw your consent at any time. You can withdraw your consent by contact us by using the contact details provided below. Please note that this will not affect the lawfulness of processing that occurred prior to withdrawal of consent. Additionally, please note that this will no affect processing your information in situations where consent is not required, i.e. legal or regulatory requirements.

Opting out of marketing and promotional communications: you can unsubscribe from our marketing and promotional communications at any time by clicking on the provided unsubscribe link in the emails we send or by contacting us using the contact details provided below. You will then be removed from marketing lists, however, we may still communicate with you for Service-related messages that are necessary to the administration and use of your account, to respond to your requests, or other non-marketing related contact.

Account Information: you may review or change the information in your account or terminate your account by logging into your account settings and selecting update user account, or like terms. Upon a request to terminate your account, we will deactivate or delete your account information in our active databases. Data will be retained as described above.

Cookies and similar technologies: Most browsers are set to accept cookies by default. If you prefer, you may choose to remove and reject cookies. If you choose to remove or reject cookies, please note that some functionality of the Services may be impacted.

If you have questions or comments about your privacy rights, you may contact us at info@Swimsynergy.com.

9. Controls For Do-Not-Track Features

Most browsers and some mobile operating systems and applications allow for Do-Not-Track (“DNT”) features or settings to signal your privacy preference that you wish to not have your data collected and do not want to utilize online browsing activity monitoring. At this stage, no uniform technology standard for DNT exists. As such, we currently do not respond to DNT or similar signals. If such a standard is adopted in the future, an update to this policy will be communicated.

10. Privacy Rights for California Residents

California Civil Code §1798.83 permits users who are California residents to request and obtain a once yearly, free of charge copy of their information, categories of personal information (if any) that are disclosed to third parties for marketing purposes, and the names and contact information for such third parties. If you are a California resident and would like to make such a request please contact us using the contact information listed below.

CCPA Privacy Notice:

The California Code of Regulations defines a “resident” as:

1. Every individual in the state of California for other than a temporary or transitory purpose and
2. Every individual who is domiciled in the state of California who is outside the state of California for a temporary or transitory purpose.

All other individuals are defined as “non-residents.”

We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (“personal information”). In particular, we have collected the following categories of personal information from consumers within the last twelve (12) months:

1. Category A – Identifiers
   • Examples: Name, postal address, Internet Protocol address, email address, Social Security number, driver’s license number, passport number, or other similar identifiers.
2. Category B – Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e))
   • Examples: Name, signature, Social Security number, address, telephone number, fax number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, bank account number, credit card number, debit card number, or any other financial information, physical illness, mental illness or disabilities.
3. Category C – Protected classification characteristics under California or federal law
   • Examples: Age, ethnicity, citizenship, religion or creed, marital status, physical illness, mental illness or disabilities, gender, veteran status.
4. Category D – Commercial information
   • Examples: Records of personal property.
5. Category F – Internet or other similar network activity
   • Examples: Access history and information on your interaction with our application.
6. Category G – Geolocation Data
   • Examples: Device Location
7. Category H – Audio, electronic, visual, thermal, olfactory, or similar information
   • Examples: images and audio, video or call recordings created in connection with our business activities.
8. Category I – Professional or employment-related information
   • Examples: Occupation, employer information.
9. Category J – Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99))
   • Examples: Education level, school attended.

We obtain the categories of personal information listed above from the following categories of sources:

• Directly from our clients or their agents. For example, from information our clients provide to us related to the Services for which they engage us.
• Directly from you. For example, through information we ask from you when our clients or their agents subscribe and engage our Services.
• Directly and indirectly from you when using our Services or visiting our website. For example, usage details collected automatically in the course of your interaction with our platform or website.

Use of Personal Information:

We may use or disclose the personal information we collect for one or more of the following business purposes:

1. To fulfill or meet the reason for which the information is provided. For example, to submit this information to our clients or their agents in the form of insurance application forms or request for information.
2. To provide you with email alerts and other notices concerning our Services, or updates to your insurance application process.
3. To improve our Services to you.
4. For testing, research, analysis and product development.
5. As necessary or appropriate to protect the rights, property or safety of us, our clients or others.
6. To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
7. As described to you when collecting your personal information or as otherwise set forth in the CCPA.
8. To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us is among the assets transferred.

We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

Sharing Personal Information:

We may disclose your personal information to a third party for a business purpose. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.

In the preceding twelve (12) months, we have disclosed the following categories of personal information for a business purpose:

1. Category A: Identifiers.
2. Category B: California Customer Records personal information categories.
3. Category C: Protected classification characteristics under California or federal law.
4. Category D: Commercial information.
5. Category F: Internet or other similar network activity.
6. Category H: Audio, electronic, visual, thermal, olfactory, or similar information
7. Category I: Professional or employment-related information.

We disclose your personal information for a business purpose to the following categories of third parties:

• Our clients or their agents for which you have engaged in a business contract.
• Service providers.
• Third parties to whom you or your agents authorize us to disclose your personal information in connection with our Services.

In the preceding twelve (12) months, we have not sold any personal information.

Your Rights and Choices:

The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

Access to Specific Information and Data Portability Rights:

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:

1. The categories of personal information we collected about you.
2. Our business or commercial purpose for collecting that personal information.
3. The categories of third parties with whom we share that personal information.
4. The specific pieces of personal information we collected about you (also called a data portability request).

Deletion Request Rights:

You have the right to request that we delete any of your personal information we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our service providers to:

1. Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
3. Debug products to identify and repair errors that impair existing intended functionality.
4. Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
5. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.).
6. Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
7. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
8. Comply with a legal obligation.
9. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Exercising Access, Data Portability, and Deletion Rights:

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by email at Info@swimsynergy.com.

Only you or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

1. Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
2. Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

Response Timing and Format:

We endeavor to respond to a verifiable consumer request within 45 days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. If you have an account with us, we will deliver our written response to the registered email associated with the account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Non-Discrimination:

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

1. Deny you use of our Services.
2. Provide you a different level or quality of Services.

Changes to Our Privacy Notice

We reserve the right to amend this Privacy Notice at our discretion and at any time. The date this Privacy Notice was last updated is identified at the bottom of this page.

Contact Information:

If you have any questions or comments about this Privacy Notice, our Privacy Policy, the ways in which we collect and use your personal information, your choices and rights regarding such use, or wish to exercise your rights under California law, you may contact us via email at info@swimsynergy.com.

11. Updates to This Notice

We may update this privacy notice from time to time. The updated version will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is accessible. If we make material changes to this privacy notice, we may notify you either by prominently posting a notice of such changes, or by directly contact you. We encourage you to review this policy often to be informed of how we are protecting your information.

12. Contacting Us About This Notice

If you have questions or comments about this notice, you may email us at info@swimsynergy.com or by post to:

Swim Synergy, PBC

C/O: Compliance

Encinitas, CA 92024