A “controller” is the legal entity which, alone or jointly with others, determines the purposes and means of the processing of personal data. SWIMS is the data controller for all data described by this policy.
A “processor” is a legal entity or other body that processes data on behalf of the controller, as defined above. SWIMS uses various data processors with which we have data processing agreements. In some cases, SWIMS will also process data on your behalf. SWIMS makes commercially reasonable efforts to make sure all data processors as defined here are privacy compliant.
Collection of Data
We may collect personally identifiable information from you in a variety of ways, including, but not limited to, when you visit our Website, register on the Website, place an order, subscribe to the newsletter, fill out a form, contact us by email or traditional mail, and in connection with other activities, services, features or resources we make available in connection with our Website. You may be asked for, as appropriate, your name, email address, billing address, shipping address, telephone number and/or a unique individual password. You may also, visit our Website anonymously.
When you first log onto our Website, you may be offered an opportunity to sign up for exclusive offers, which will be delivered to you via the email address or mobile number you provide. You are required to provide us with your email address or mobile number in order to receive these special offers, which we collect and store in order for you to receive these offers. You may also be asked to provide us with your gender, birth month, and birthday in the process of setting up an account or signing up for offers, but this additional information is not required. We use this information to better help us understand people who visit our Website and to tailor your marketing experience to you. Until you tell us to stop, providing us with this information and our continued communication via email represents an ongoing relationship with you and we will continue to send you offers and information on an ongoing basis.
If you do register with us, you can do so directly on the SWIMS Website, by providing us a username and password.
If you choose to use any of the third party sign-up/sign-in processes, you are giving us permission to see information contained in your public profile on those sites. If you do not want us to have information from those sites, please sign up directly with SWIMS, and manage your cookie setting through the tools available to you on your browser.
When you interact with our Website, we also collect limited non-personally identifying information that the browser you used makes available automatically. This information includes the internet address of the computer or network you used to access our Website, the date, time, and page(s) you visited on our Website, the browser and operating system you used, and the referring page (the webpage that contained the link to our Website that you clicked on to get there). We also use data files to help you navigate on the Website. Once you leave our Website, you have the right not to be followed. Please see our section on Cookies below to learn more about managing your experience.
Use of Data
We have a legitimate interest in ensuring that our Website operates correctly and efficiently. Toward that goal, we use the aggregated non personal data and information from all users of our Website to measure server performance, analyze user traffic patterns, and improve the content of our Website and portions of our Website. We sometimes track the keywords that are entered into our search engines or through our Websites to measure interest in specific topics and to improve the visitor experience on the Website.
We have a legitimate interest in communicating with you about your account and will use your personal information to send you important non-commercial emails, such as administrative notices related to our Website, your orders, and customer service inquiries. For instance, you will receive notices regarding the status of purchases that you make on the Website. This and other noncommercial information are necessary to maintain our records.
We do not sell your personal information. Period.
Please note that unless you delete your account completely, as outlined below, we will continue to send you noncommercial communications, even if you have opted out of receiving commercial messages from SWIMS.
With your consent, as noted above, we will use your e-mail address and/or other personal information to provide you with information we think you will be interested in, including company news, updates, promotions, featured companies, feature information, related product or service information, and information about items you may have viewed and/or added to your cart on the Website. Even after you have agreed to receive such messages, you can let us know at any time if you would prefer not to receive any or all of this marketing information by following the unsubscribe instructions in any email or SMS you receive from us, or by sending an e-mail to [email protected] that contains the email address or cell phone number you wish us to unsubscribe from our lists. Please note that if you do not supply the email address and or cell phone number in your request, we will be unable to unsubscribe you. Also, if you do not supply the same email address or cell phone number to us that you used to subscribe, we will be unable to unsubscribe you.
As noted above, even if you opt out of receiving marketing messages, we will still send you important non-commercial messages so long as you maintain your account. Please see below for how to permanently delete your account.
In the event that SWIMS (or its parent corporation) goes through a business transition, such as a merger, acquisition, liquidation or sale of all or a portion of its assets, your data will, in most instances, be part of the assets transferred. Members may be notified of any such business transition via email and/or notice on the SWIMS website.
We have a legitimate interest in complying with our legal obligations. Accordingly, we may release personal information if we believe in good faith that: The law or legal process requires it; We have received a valid administrative request from a law enforcement agency; Or such release is necessary to protect our rights, property, or safety, or that of our respective affiliates, business partners, customers, or others.
In the event SWIMS conducts an online survey, promotion, contest, or sweepstakes (collectively, a “Promotion”), information we collect will be used consistent with the terms and conditions outlined in the promotion guidelines or rules, which may include a reference to this policy. All Promotions are voluntary and may include a request for information, such as your age, an image of you, or other information. Should you choose, you can elect to provide permission for SWIMS to use the email address and/or telephone number you provide when entering a Promotion for sending you marketing messages. However, you are only required to provide such permission in order to participate in a Promotion if it is necessary for the running of the promotion. For instance, if we request your email address or your social media handle because it is used to notify you if you’ve won and/or to send your prize, and you do not want to provide it, you will not be able to participate in the Promotion. Information you provide us will be used to administer the Promotion. If you have not opted in to receive further communications about upcoming promotions, your identifying data will be retained only for as long as it is necessary to administer the Promotion and legally comply with our obligations that extend from your participation, including prize awarding, reporting obligations, and other legitimate matters.
If you would like to revoke your consent to receiving commercial messages you have previously opted in to receive as the result of a Promotion, you can use the unsubscribe link in any marketing message. If you have previously provided express written consent to receive commercial text promotion messages, you can reply, “STOP” to any marketing text message you receive. You may also send an email to [email protected] that contains the email address or phone number you wish to revoke consent for marketing messages. Please note that sending STOP via text message will only end automated commercial text messages. If you have a relationship with a SWIMS sales associate or personal shopper and you no longer want to receive messages, you must expressly request that person stop sending you messages.
If you have revoked your consent to receiving commercial messages, but you have not opted out of targeting cookies in your settings in your browser, revoking your consent will not stop you from seeing ads on third party websites based upon your browsing history of the SWIMS Website.
Please note that we request a phone number when you place an order with our Website. If you choose to include your mobile number, such inclusion constitutes consent to allow SWIMS to send you non-marketing messages about your order or account, but we will not send you marketing communications unless you consent for us to do so.
To help us serve you better, we collect information that identifies the computer or browser used to access the SWIMS Website, as well as the user account associated with that computer/browser if you are logged in. Cookies are pieces of information placed in the settings of your web browser by a website server to identify your computer when you return to a website. Whenever a site welcomes you and tailors data to your specifications, it is reading a cookie left in your browser and identifying information that you may have registered during previous visits, such as your viewing preferences.
Certain cookies placed by our Website do not collect any personal information, and are essential to provision of a functional website and/or app. Accordingly, we have a legitimate interest in placing these cookies (these are known as “Necessary Cookies” and include cookies that drive your navigation on our Website, such as searching for the perfect shoe in the fit, color, and style you want). Note that you are not required to accept other types of cookies that collect personal information in order to use our Website (such as the advertising cookies described above in the Collection section). When you first use our Website, we will provide you with a choice as to whether you accept placement of non-Necessary Cookies. If you accept our cookies, we may collect information about you from your browsing history and use that to send you targeted advertising. You may withdraw consent at any time by altering your information through the tools in your specific web browser, which will allow you to exempt the SWIMS website, which is www.swims.com.
Please note that opting out of receiving remarketing cookies does not mean you may never see an advertisement on our Website. It simply means those advertisements will not be tailored to you based upon your preferences on the Website. Also please note that some features of our website may not function properly if all cookies (including Necessary Cookies) are blocked.
For more information about our Cookies and how to deactivate them, please read our Cookie Privacy.
This Website may use Google Analytics Demographics and Interest Reporting. The Website may also make use of other Google Analytics for Display Advertising features, including Remarketing, Google Display Network Impression Reporting and/or the doubleclick Campaign Manager integration. We are required by Google to disclose the following information to you in our Privacy Statement in connection with our use of any Google Analytics for Display Advertising features on the SWIMS Website.
You may opt out of Google Analytics for Display Advertising or customize Google Display Network ads by using the Google Ads Settings page. You may also prevent your data from being collected and used by Google Analytics by opting out through the use of the Google Analytics Opt-out Browser Add-on. If the SWIMS Website makes use of the Google Analytics for Display Advertising Remarketing feature, SWIMS will use such Remarketing feature to advertise online and third party vendors, including Google, may show SWIMS ads on sites across the Internet.
SWIMS and third party vendors, including Google, may use first-party cookies (such as the Google Analytics cookies) and third-party cookies (such as the doubleclick cookie) together to (a) inform, optimize and serve ads based on a user’s past visits to the SWIMS Website, and/or (b) report how your ad impressions, other uses of ad services, and interactions with these ad impressions and ad services are related to visits to the SWIMS Website.
As with all information we collect, the data from Google Analytics Demographics and Interest Reporting may be utilized by SWIMS to help recognize and understand user preferences, to make improvements to the SWIMS Website, to choose content and advertising to display to you, and for other business purposes that will allow SWIMS to better serve you.
Because the do-not track signal does not often reflect the preference of our consumers, our website does not respond to it. You may, however, elect not to receive marketing messages and/or have certain cookies placed on your browser, as discussed above, in the Cookies section of this policy.
Consistent with the Children's Online Privacy Protection Act of 1998 and its revisions in 2013, our website is a general audience website, intended for adult use only. SWIMS does not market to and does not knowingly collect any personally identifiable information from children. If you are based in the EEA you may only use our Website if you are over the age at which you can provide consent to data processing under the laws of your country (the “Age of Consent”).
We take reasonable and appropriate security measures to protect unauthorized access, alteration or destruction of data located on and collected by our Website. Sensitive and private data exchange between the Website and its users happens over a SSL secured communication channel and is encrypted and protected with digital signatures. We exercise reasonable care to protect your non-public personal information. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. While we strive to protect your non-public personal information, we cannot guarantee the security of any information you transmit to us or receive from us while it is in transit. Once we receive your personal information, we maintain physical, electronic and procedural safeguards to protect it. If a data breach occurs, we will notify you and the proper EEA authority (if required) within 72 hours (if reasonably feasible). If we are unable to notify the proper EEA authority within 72 hours, our notice will be accompanied by reasons for the delay.
Right of Access
You are entitled to access your personal information and to have it amended, updated or deleted, where such information is incorrect, incomplete or outdated. If you have a registered account, please log into your account and do the appropriate changes.
You may also exercise your right to access your information and obtain:
- A description of the categories of personal information and sources of such personal information we have collected within the past year.
- A description of the business purpose we have collected such personal information for.
- A description of the specific pieces of personal information we have collected within the past year.
- Information on each third-party company to whom we have disclosed, within the past year, personal information pertaining to you for our direct marketing purposes.
In order to obtain such information, please contact us at [email protected]
Please be sure to provide us with your name and the email address about which you are requesting information. In order to verify your identity, SWIMS may require email verification from the email address SWIMS has in its records for you. You may be required to provide more information in order for SWIMS to assist you. SWIMS will answer your request within 45 days from its receipt provided that this request is complete and accurate.
If you don’t have a registered account and would like to update your information, you can contact us at [email protected]
When making a request to update your information, please make sure to provide the name and email address associated with the account. The email address you provide must match the email address SWIMS has on its records for you. SWIMS will answer your request within a reasonable business period from its receipt provided that this request is complete and accurate. You may be required to provide additional information in order for SWIMS to process your request.
You may, on legitimate grounds, object to the processing of your personal information. Such objection may, however, prohibit SWIMS from providing the requested service.
Deleting Your Account
You can delete your account any time by contacting SWIMS at [email protected]
To properly delete your account, you must provide the name under which the account was opened as well as the email address you used to create the account (names are similar, so we must have your email address to permanently delete your account). In order to verify your identity, SWIMS may require email verification from the email address SWIMS has in its records for you.
If you are part of any loyalty program or have a credit balance on your account, and you request your account be deleted, you will lose all access to your balance and any loyalty benefits permanently, and they cannot be restored.
We retain your information for as long as it necessary for legitimate business purposes. We consider your consent to continue to send emails to you and ongoing relationship with you that allows your account to remain active. We consider any loyalty credits or credit balances to represent an ongoing relationship with you that allows your account to remain active.
If you withdraw your consent to receiving emails from us, and you do not have a credit balance or belong to an active loyalty program for which you have benefits, and we detect that your account has been dormant for a period of 24 months, and you are not otherwise continuing to receive marketing and commercial updates from us about SWIMS merchandise, we will send you an email reminder to confirm you would still like to receive communications pertaining to your account. If we do not hear from you by the requested response time outlined in the email, we will close your account and delete your information on or before the end of the calendar year and delete your account permanently, retaining only that which we are required by law to keep. We will not delete your account in the event you are still receiving a newsletter or other communication you have requested, have a credit balance, or otherwise belong to a loyalty program and retain benefits, since doing so means we continue to retain a relationship with you.
If you have any questions regarding this privacy statement, please contact us at [email protected]