Privacy Policy

Introduction
1. We are committed to safeguarding the privacy of our website visitors, app users and customers for Swim Smooth services.
2. This policy applies where we are acting as a data controller with respect to your personal data; in other words, where we determine the purposes and means of the processing of that personal data.
3. We use cookies on our website. Insofar as those cookies are not strictly necessary for the provision of our website and services, we will ask you to consent to our use of cookies when you first visit our website.
4. In this policy, "we", "us" and "our" refer to Swim Smooth Limited. For more information about us, see Section 18.
The personal data that we collect
1. In this Section we have set out the general categories of personal data that we process and, in the case of personal data that we did not obtain directly from you, information about the source and specific categories of that data.
2. We may process information contained in or relating to any communication that you send to us or that we send to you ("communication data"). The communication data may include the communication content and metadata associated with the communication. Our website and apps will generate the metadata associated with communications made using contact forms.
3. We may process your user account data ("account and profile data"). The account and profile data may include your account identifier, name, email address, telephone number, postal address, account creation and modification dates, account settings, photographs, gender, height, date of birth, training goals, swimming competence level, subscription information and marketing preferences. The primary source of the account and profile data is you, although some elements of the account and profile data may be generated by our services.
4. We may process your personal data that are provided in the course of the use of our services and generated by our software in the course of such use ("swim data"). The swim data may include information about the date, time and duration of the swims, geolocation information, information collected from your connected devices' gyroscopes and accelerometers, heart rate information, along with information about your swimming technique. The source of the swim data is you, your connected devices and/or our algorithms.
5. We may process information relating to transactions, including purchases of goods and/or services, that you enter into with us and/or through our website or apps ("transaction data"). The transaction data may include your name, your contact details, limited elements of your payment card details (or other payment details) and the transaction details. The source of the transaction data is you and/or our payment services provider.
6. We may process data about your use of our website, app and services ("usage data"). The usage data may include your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and navigation paths, as well as information about the timing, frequency and pattern of your use. The source of the usage data is our analytics tracking system.
Purposes of processing and legal bases
1. In this Section we have set out the purposes for which we may process personal data and the legal bases of the processing.
2. Operations - We may process your personal data for the purposes of operating our website and app, the processing and fulfilment of orders, providing our services, supplying goods to customers, generating invoices, bills and other payment-related documentation, and credit control. The legal basis for this processing is our legitimate interests, namely the proper administration of our website, app, services and business generally. Some of our processing for the purposes of our operations will include the processing of data concerning health, which may be included in your swim data. Special rules apply to the processing of this data. Insofar as we process data concerning health, we will ask for your explicit consent to such processing.
3. Relationships and communications - We may process communications data, account and profile data and transaction data for the purposes of managing our relationships, communicating with you (excluding communicating for the purposes of direct marketing) by email, live chat, SMS, push notifications, post and/or telephone, providing support services and complaint handling. The legal basis for this processing is our legitimate interests, namely communications with our website, app and service users, the maintenance of our relationships, enabling the use of our services, and the proper administration of our website, app, services and business generally.
4. Personalisation - We may process account and profile data, swim data and/or usage data for the purposes of personalising the content and advertisements that you see through our website and apps to ensure that you only see material that is relevant to you. The legal basis for this processing is our legitimate interests, namely offering the best possible experience for our users.
5. Direct marketing - We may process account and profile data and/or transaction data for the purposes of creating, targeting and sending direct marketing communications by email, SMS and/or post and making contact by telephone for marketing-related purposes. The legal basis for this processing will usually be consent; however, if we have not asked for your specific and express consent to direct marketing, the legal basis will be our legitimate interests, namely our interests in promoting our website, app, services and business generally.
6. Research and analysis - We may process usage data and/or transaction data for the purposes of researching and analysing the use of our website, apps and services, as well as researching and analysing other interactions with our business. In addition, we will anonymise swim data and use the anonymised data for the purpose of training and improving our algorithms. Insofar as this involves the processing of personal data, the legal basis for this processing is our legitimate interests, namely monitoring, supporting, improving and securing our website, app, services and business generally.
7. Record keeping - We may process your personal data for the purposes of creating and maintaining our databases, back-up copies of our databases and our business records generally. The legal basis for this processing is our legitimate interests, namely ensuring that we have access to all the information we need to properly and efficiently run our business in accordance with this policy.
8. Security - We may process your personal data for the purposes of security and the prevention of fraud and other criminal activity. The legal basis of this processing is our legitimate interests, namely the protection of our website, services and business, and the protection of others.
9. Insurance and risk management - We may process your personal data where necessary for the purposes of obtaining or maintaining insurance coverage, managing risks and/or obtaining professional advice. The legal basis for this processing is our legitimate interests, namely the proper protection of our business against risks.
10. Legal claims - We may process your personal data where necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure. The legal basis for this processing is our legitimate interests, namely the protection and assertion of our legal rights, your legal rights and the legal rights of others.
11. Legal compliance and vital interests - We may also process your personal data where such processing is necessary for compliance with a legal obligation to which we are subject or in order to protect your vital interests or the vital interests of another natural person.
Providing your personal data to others
1. We may disclose your personal data to our insurers and/or professional advisers insofar as reasonably necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, obtaining professional advice.
2. Your personal data held in our services database will be stored on the servers of our hosting services providers, currently Google, Inc (using the Google Cloud Platform).
3. Financial transactions relating to our services are handled by our payment services providers, Braintree (a division of PayPal, Inc). We will share transaction data with our payment services providers only to the extent necessary for the purposes of processing your payments, refunding such payments and dealing with complaints and queries relating to such payments and refunds. You can find information about the payment services providers' privacy policies and practices athttps://www.braintreepayments.com/gb/legal/braintree-privacy-policy.
4. In addition to the specific disclosures of personal data set out in this Section 4, we may disclose your personal data where such disclosure is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person. We may also disclose your personal data where such disclosure is necessary for the establishment, exercise, or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.
International transfers of your personal data
1. The hosting facilities for our services, provided by Google, are situated in jurisdictions across Europe, Australia, North America, and Asia. Transfers to each of these countries will be protected by appropriate safeguards, including the use of standard data protection clauses adopted or approved by the competent data protection authorities.
Retaining and deleting personal data
1. This Section sets out our data retention policies and procedures, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of personal data.
2. Personal data that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.
3. We will retain your personal data as follows:
  1. communication data will be retained for a minimum period of 6 years following the date of the communication in question, and for a maximum period of 7 years following that date;
  2. account and profile data will be retained for a minimum period of 6 years following the date of closure of the relevant account, and for a maximum period of 7 years following that date;
  3. swim data will be retained for a minimum period of 12 months following the date of termination of the relevant contract, and for a maximum period of 24 months following that date (although, if the data is anonymised in accordance with Section 3.6 before the end of the retention period, the anonymised data may be retained indefinitely);
  4. transaction data will be retained for a minimum period of 10 years following the date of the transaction, and for a maximum period of 11 years following that date; and
  5. usage data will be retained for 36 months following the date of collection.
4. Notwithstanding the other provisions of this Section, we may retain your personal data where such retention is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.
Security of personal data
1. We will take appropriate technical and organisational precautions to secure your personal data and to prevent the loss, misuse or alteration of your personal data.
2. We will store your personal data on secure servers, personal computers and mobile devices, and in secure manual record-keeping systems.
3. Data that is sent from your web browser or app to our web server, or from our web server to your web browser or app, will be protected using encryption technology.
4. You should ensure that your password is not susceptible to being guessed, whether by a person or a computer program. You are responsible for keeping the password you use for accessing our website and apps confidential and we will not ask you for your password (except when you log in).
Your rights
1. In this Section, we have listed the rights that you have under data protection law.
2. Your principal rights under data protection law are:
  1. the right to access - you can ask for copies of your personal data;
  2. the right to rectification - you can ask us to rectify inaccurate personal data and to complete incomplete personal data;
  3. the right to erasure - you can ask us to erase your personal data (note that this is different from asking to end a subscription, and we will retain your personal data after the end of a subscription for the purposes of continuing to provide free services to you and in case you purchase a subscription in future, subject of course to your data protection rights);
  4. the right to restrict processing - you can ask us to restrict the processing of your personal data;
  5. the right to object to processing - you can object to the processing of your personal data;
  6. the right to data portability - you can ask that we transfer your personal data to another organisation or to you;
  7. the right to complain to a supervisory authority - you can complain about our processing of your personal data; and
  8. the right to withdraw consent - to the extent that the legal basis of our processing of your personal data is consent, you can withdraw that consent.
3. These rights are subject to certain limitations and exceptions. You can learn more about the rights of data subjects by visiting https://ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-data-protection-regulation-gdpr/individual-rights/.
4. You may exercise any of your rights in relation to your personal data by written notice to us, using the contact details set out below.
Third party websites
1. Our website includes hyperlinks to, and details of, third party websites.
2. In general we have no control over, and are not responsible for, the privacy policies and practices of third parties.
Personal data of children
1. Our services are targeted at persons over the age of 16.
2. If we have reason to believe that we hold personal data of a person under that age in our databases, we will delete that personal data.
Updating information
1. Please let us know if the personal information that we hold about you needs to be corrected or updated.
About cookies
1. A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.
2. Cookies may be either "persistent" cookies or "session" cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.
3. Cookies may not contain any information that personally identifies a user, but personal data that we store about you may be linked to the information stored in and obtained from cookies.
Cookies that we use
1. We may use cookies for the following purposes:
  1. authentication and status - we use cookies to identify you when you visit our website and as you navigate our website, and to help us determine if you are logged into our website;
  2. shopping cart - we use cookies to maintain the state of your shopping cart as you navigate our website;
  3. personalisation - we use cookies to store information about your preferences and to personalise our website for you;
  4. security - we use cookies as an element of the security measures used to protect user accounts, including preventing fraudulent use of login credentials, and to protect our website and services generally;
  5. advertising - we use cookies to help us to display advertisements that will be relevant to you;
  6. analysis - we use cookies to help us to analyse the use and performance of our website and services; and
  7. cookie consent - we use cookies to store your preferences in relation to the use of cookies more generally.
Cookies used by our service providers
1. We use Mixpanel. Mixpanel gathers information about the use of our website and apps by means of cookies. The information gathered is used for analysis (to create reports about the use of our website and apps) and for communications. You can find out more about Mixpanel's use of information by visiting https://mixpanel.com/legal/privacy-overview/ and you can review Mixpanel's privacy policy at https://mixpanel.com/legal/privacy-policy/.
Managing cookies
1. Most web browsers allow you to refuse to accept cookies and to delete cookies. The methods for doing so vary from browser to browser, and from version to version. You can however obtain up-to-date information about blocking and deleting cookies via these links:
  1. https://support.google.com/chrome/answer/95647 (Chrome);
  2. https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences (Firefox);
  3. https://help.opera.com/en/latest/security-and-privacy/ (Opera);
  4. https://support.microsoft.com/en-gb/help/17442/windows-internet-explorer-delete-manage-cookies (Internet Explorer);
  5. https://support.apple.com/en-gb/guide/safari/manage-cookies-and-website-data-sfri11471/mac (Safari); and
  6. https://privacy.microsoft.com/en-us/windows-10-microsoft-edge-and-privacy (Edge).
Blocking cookies
1. Blocking all cookies will have a negative impact upon the usability of many websites and apps.
2. If you block cookies, you will not be able to use all the features on our website and apps.
Amendments
1. We may update this policy from time to time by publishing a new version on our website and in our app.
2. You should check this page occasionally to ensure you are happy with any changes to this policy.
3. We may notify you of significant changes to this policy by email
Our details
1. Our full legal name is Swim Smooth Coaching Collective Limited trading as Swim Smooth.
2. We are registered in England and Wales under registration number 14802092, and our registered office is at Manor Cottage, Hunton, Bedale, North Yorkshire, England, DL8 1PX.
3. You can contact us:
  1. by post, to the postal address given above;
  2. using our website and app contact forms;
  3. by telephone, on the contact number published on our website and in our apps; or
  4. by email, using the email address published on our website and in our apps.
Data protection registration
1. We are registered as a data controller with the UK Information Commissioner's Office.
2. Our data protection registration number is ZA089782.