Updated 23 October 2016

Shwimmer is committed to protecting the privacy of its Users. This Privacy Policy describes Shwimmer practices regarding the personal information Shwimmer collects to enable Users to create, list, discover and book Provider Services to the extent permitted by law.

This Privacy Policy is intended to inform Users about how Shwimmer treats Personal Information. If Users do not agree to any part of this Privacy Policy, then Shwimmer cannot provide its Services to Users, and Users should stop accessing Shwimmer and deactivate their Shwimmer Account.

This Privacy Policy has been compiled to better serve those who are concerned with how their ‘Personally identifiable information’ (PII) is being used online. PII is information that can be used on its own or with other information to identify, contact, or locate a single person, or to identify an individual in context.

Please read Shwimmer’s Privacy Policy carefully to get a clear understanding of how Shwimmer collects, uses, protects or otherwise handles Users’ PII. Users represent to Shwimmer that they have any and all authorizations necessary to use Shwimmer. Shwimmer collects and uses the information Users provide to Shwimmer, including information obtained from Users use of the Services. Also, Shwimmer may use the information for internal purposes to develop, tune, enhance, and improve Shwimmer Services, and for advertising and marketing consistent with this Privacy Policy.

By using the Shwimmer Services, Users acknowledge, consent and agree that Shwimmer may collect, process, and use the information that Users provide to Shwimmer and that such information shall only be used by Shwimmer or Third Parties acting under Shwimmer’s direction, pursuant to confidentiality agreements, to develop, tune, enhance, and improve the Services.

Although Shwimmer may attempt to notify Users when changes are made to this Privacy Policy, Users are responsible for periodically reviewing any changes that may be made to the Policy. Shwimmer may, in its sole discretion, modify or revise the Policy at any time, and Users agree to be bound by such modifications or revisions.

The information which Shwimmer collects and shares is in accordance with the Privacy and Electronic Communications (EC Directive) Regulations 2003 and Data Protection Act respectively.

  1. INFORMATION SHWIMMER COLLECTS

When Users register with Shwimmer, Users provide Shwimmer information about themselves – their name, email address, contact number, password, etc. If Users correspond with Shwimmer by email, Shwimmer may retain the Content of users email messages, users email address, and Shwimmer’s responses. Additionally, Shwimmer stores information about Users’ contacts when Users manually enter contact email addresses or transfer contact information from other online social networks. Shwimmer also collects general information about User’s use of Shwimmer’s Services.

  1. INFORMATION SHWIMMER COLLECTS AUTOMATICALLY WHEN USERS USE SHWIMMER’S SERVICES

2.1 When Users access or use Shwimmer Services, Shwimmer automatically collects information about Users, including:

a) Usage Information: When Users send or receive messages via Shwimmer; Shwimmer collects information about these messages, including the time, date, sender and recipient. Shwimmer also collects information about the number of messages sent and received between Users and their friends and which friends Users exchange messages with most frequently.

b) Log Information: Shwimmer logs information about Users use of Shwimmer, including User’s browser type and language, access times, pages viewed, user’s IP address and the website Users visited before navigating to Shwimmer.

c) Device Information: Shwimmer may collect information about the device Users use to access Shwimmer, including the hardware model, operating system and version, unique device identifier, phone number, International Mobile Equipment Identity (“IMEI”) and mobile network information.

d) Location Information: Shwimmer may collect information about the location of User’s device to facilitate User’s use of certain features of Shwimmer, determine the speed at which User’s device is traveling, add location-based filters (such as local weather), and for any other purposes.

e) Information Collected by Cookies and Other Tracking Technologies: Shwimmer uses various technologies to collect information, and this may include sending cookies to Users according to our Cookie Policy, which can be viewed on the Shwimmer Site.

  1. INFORMATION SHARED DURING TRANSACTION

3.1 Users agree that they will enter into transactions with Third Parties, such as Payment Gateways, through Shwimmer and will share their PII with them for easy completion of the transaction. Users hereby expressly agree that Shwimmer shall not be involved or held liable for any breach of the privacy or security of that data. The said breach, if any, shall be a matter of dispute between User and the Third Party and Shwimmer shall not be held liable or be issued a notice for the same.

3.2 Shwimmer recommends that Users should be careful and vigilant while disclosing their PII details with their transaction partner. Users should not disclose their bank and Account details to anyone through Shwimmer or to any individual whom Users have met through Shwimmer.

  1. HOW SHWIMMER USES USERS INFORMATION

4.1 Shwimmer uses the personal information Shwimmer collects to fulfill User’s requests for Services, improve Shwimmer’s Services, contact Users, conduct research, and provide anonymous reporting for internal and external clients.

4.2 Users consent that by providing their email addresses to Shwimmer, they agree to receive Shwimmer related notices, including any notices required by law, in lieu of communication by email or postal mail. Users also agree that Shwimmer may send notifications of activity on Shwimmer to the email address Users give Shwimmer in accordance with any applicable privacy settings. Shwimmer may use User’s email address to send Users other messages, such as newsletters, changes to Shwimmer’s features, or other information. If Users do not want to receive optional email messages, Users may modify their settings to opt out.

4.3 Shwimmer’s settings may also allow Users to adjust their communications preferences. If Users do not wish to receive promotional email messages from Shwimmer, Users may opt out by following the unsubscribe instructions in those emails. If Users opt out, User will still receive non-promotional emails from Shwimmer about their Account and Shwimmer Services.

4.4 All messages Users’ record or send using Shwimmer Services will be stored on Shwimmer’s server and will be downloaded to a temporary cache on the recipient’s device for playback. When a sender of a message marks a message for deletion, that message will no longer be available to recipients via Shwimmer’s server, but it may still be accessible in the temporary caches of recipients who have already received the message. Messages marked for deletion will not be deleted immediately from Shwimmer’s server, but will instead be deleted upon the next deletion event, which will be scheduled on a periodic basis.

4.5 Following termination or deactivation of Users’ Services, Shwimmer may (but is under no obligation to) retain User’s information for archival purposes. Furthermore, after termination or deactivation of User’s Services, messages that Users have not deleted may be retained so that recipients may continue to access them. Shwimmer will not publicly disclose any of User’s personally identifiable information other than as described in this Privacy Policy.

4.6 Shwimmer does not, as a matter of course; access or monitor messages recorded or sent using Shwimmer Services. However, Shwimmer reserves the right (but have no obligation) to access, review, and/or monitor the Content Users record or send using Shwimmer, at its sole discretion, for any reason or no reason at all, and Shwimmer reserves the right to remove any such Content or messages in its sole discretion, including, but not limited to, if Shwimmer believes such action is necessary (a) to conform to the law, comply with legal process served on Shwimmer or its affiliates, or investigate, prevent, or take action regarding suspected or actual illegal activities; (b) to enforce this policy, to take precautions against liability, to investigate and defend Shwimmer against any Third-Party claims or allegations, to assist government enforcement agencies, or to protect the security or integrity of Shwimmer; or (c) to exercise or protect the rights, property, or safety of Shwimmer.

  1. HOW WE SHARE USERS’ INFORMATION

5.1 As a matter of policy, Shwimmer will not sell or rent information about Users and Shwimmer will not disclose information about Users in a manner inconsistent with this Privacy Policy except as required by law or government regulation. Shwimmer cooperates with law enforcement inquiries, as well as other Third Parties, to enforce laws such as those regarding intellectual property rights, fraud and other personal rights.

5.2 Shwimmer will not share the PII collected about Users with any Third Party for their own marketing purposes without User’s consent. Shwimmer may share User’s data with their service providers who process Users’ personal information to provide Services to Shwimmer or on Shwimmer’s behalf.  Shwimmer has contracts with its service providers that prohibit them from sharing the information about Users that they collect or that Shwimmer provides to them, with anyone else, or using it for other purposes.

5.3 Users may decline to submit PII through Shwimmer, in which case Shwimmer may not be able to provide certain Services to Users. If Users do not agree with Shwimmer’s Privacy Policy or Terms of Service, they should discontinue their use of Shwimmer; Users continued usage of the Service signifies their assent to and acceptance of Shwimmer’s Privacy Policy and Terms of Use.

5.4 SHWIMMER CAN (AND USERS AUTHORIZE SHWIMMER TO) DISCLOSE ANY INFORMATION ABOUT USERS TO LAW ENFORCEMENT, OTHER GOVERNMENT OFFICIALS, ANY LAWSUIT OR ANY OTHER THIRD PARTY THAT SHWIMMER, IN ITS SOLE DISCRETION, BELIEVE NECESSARY OR APPROPRIATE IN CONNECTION WITH AN INVESTIGATION OF FRAUD, INTELLECTUAL PROPERTY INFRINGEMENT, OR OTHER ACTIVITY THAT IS ILLEGAL OR MAY EXPOSE SHWIMMER, OR USER, TO LIABILITY.

  1. ENSURING INFORMATION IS ACCURATE AND UP-TO-DATE

6.1 Shwimmer takes reasonable precautions to ensure that the Personal Information Shwimmer Collects, Uses and Discloses is complete, relevant and up-to-date. However, the accuracy of that information depends to a large extent on the information Users provide. That’s why Shwimmer recommends that Users:

a) Let Shwimmer know if there are any errors in their Personal Information; and

b) Keep Shwimmer up-to-date with changes to their Personal Information such as their name or address.

6.2 Users may change their personal details by using the relevant facility on Shwimmer or by contacting Shwimmer through the Contact Us section of the website.

  1. HOW SHWIMMER PROTECTS USERS’ INFORMATION

7.1 Shwimmer is concerned about safeguarding the confidentiality of Users’ PII. Shwimmer employs administrative, physical and electronic measures designed to protect User’s information from unauthorized access.

7.2 By using Shwimmer or providing Personal Information to Shwimmer, Users agree that Shwimmer can communicate with Users electronically regarding security, privacy, and administrative issues relating to Users’ use of Shwimmer.

7.3 Shwimmer uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of Users’ Personal Information. Shwimmer cannot, however, ensure or warrant the security of any information Users transmit to Shwimmer and Users do so at their own risk. Using unsecured wi-fi or other unprotected networks to submit messages through the Service is never recommended. Once Shwimmer receives Users’ transmission of information, Shwimmer makes commercially reasonable efforts to ensure the security of their systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of Shwimmer’s physical, technical, or managerial safeguards. If Shwimmer learns of a security systems breach, then Shwimmer may attempt to notify Users electronically so that Users can take appropriate protective steps.

7.4 Notwithstanding anything to the contrary in this Policy, Shwimmer may preserve or disclose Users’ information if Shwimmer believes that it is reasonably necessary to comply with a law, regulation or legal request; to protect the safety of any person; to address fraud, security or technical issues; or to protect Shwimmer’s rights or property. However, nothing in this Policy is intended to limit any legal defenses or objections that Users may have to a Third Party, including a government’s, request to disclose Users’ information.

  1. USERS CHOICES ABOUT USER’S INFORMATION

8.1 Users have several choices regarding use of information on Shwimmer:

(a) Email Communications: Shwimmer will periodically send Users’ free newsletters and e- mails that directly promote the use of Shwimmer. When Users receive newsletters or promotional communications from Shwimmer, Users may indicate a preference to stop receiving further communications from Shwimmer and Users will have the opportunity to “opt-out” by following the unsubscribe instructions provided in the email they receive or by contacting Shwimmer directly. Despite Users’ indicated email preferences, Shwimmer may send Users Service related communications, including notices of any updates to Shwimmer’s Terms of Use or Privacy Policy.

(b) Changing or Deleting User’s Personal Information: Users may change any of their personal information in their Account by visiting Shwimmer and following the directions therein. Users may request deletion of their personal information by Shwimmer, and Shwimmer will use commercially reasonable efforts to honor User’s request, but please note that Shwimmer may be required to keep such information and not delete it (or to keep this information for a certain time, in which case Shwimmer will comply with User’s deletion request only after Shwimmer has fulfilled such requirements). When Shwimmer deletes any information, it will be deleted from the active database, but may remain in Shwimmer’s archives. Shwimmer may also retain User information for fraud prevention or similar purposes.

8.2 Users may decline to submit PII through Shwimmer, in which case, we may not be able to provide certain Services to Users. Users can review and correct the information about themselves that Shwimmer keeps on file by editing their Account settings or by contacting Shwimmer on its Contact Us Page available on Shwimmer’s website.

  1. CHILDREN’S PRIVACY

Protecting the privacy of young children is especially important. Thus, Shwimmer does not knowingly collect or solicit personal information from anyone under the age of 18 or knowingly allow such persons to register. If Users are under 18 (a User cannot be under 18, by definition), they should not attempt to register on Shwimmer or send any information about themselves to Shwimmer, including their name, address, telephone number, or email address. No one under the age of 18 may provide any personal information for accessing Shwimmer. In the event that Shwimmer learns that Shwimmer has collected personal information from a child under age 18, Shwimmer will delete that information as quickly as possible. If Users believe that Shwimmer might have any information from or about a child under 18, please contact Shwimmer..

  1. LINKS TO THIRD PARTY WEBSITES

Shwimmer contains links to other apps/websites. The fact that Shwimmer links to a website or app is not an endorsement, authorization or representation of Shwimmer’s affiliation with that Third Party. Shwimmer does not exercise control over Third Party websites/apps. These other websites may place their own cookies or other files on Users computer, collect data or solicit PII from Users. Other sites follow different rules regarding the use or disclosure of the personally identifiable information Users submit to them. Shwimmer encourages Users to read the privacy policies or statements of the other websites Users visit.

  1. ADVERTISING

Advertisers and advertising networks place ads (including sponsored links in search results) on Shwimmer. These companies, as well as data analytics companies who service them, may use cookies, pixel tags, mobile device IDs and other similar technologies to collect data about Users when Users visit Shwimmer.  They use the data to enable them to track User’s activity across various sites where they display ads and record User’s activities, so they can show ads that they consider relevant to Users.  Users may opt-out of receiving targeted online advertising from advertising networks delivered on Shwimmer.

  1. GOOGLE

12.1 Shwimmer may use Google AdSense Advertising.

12.2 Google, as a Third Party vendor, uses cookies to serve ads on Shwimmer. Google’s use of the DART cookie enables it to serve ads to Shwimmer’s Users based on their visit to Shwimmer and other sites on the Internet. Users may opt out of the use of the DART cookie by visiting the Google ad and content network privacy policy.

12.3 Shwimmer may implement the following:-

a) Remarketing with Google AdSense

b) Google Display Network Impression Reporting

c) Demographics and Interests Reporting

d) DoubleClick Platform Integration

12.4 Shwimmer along with Third-Party vendors, such as Google use first-party cookies (such as the Google Analytics cookies) and Third-Party cookies (such as the DoubleClick cookie) or other Third-Party identifiers together to compile data regarding User interactions with ad impressions, and other ad service functions as they relate to Shwimmer.

  1. NOTIFICATION PROCEDURES

It is Shwimmer’s policy to provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to Users via email notice, written or hard copy notice, or through conspicuous posting of such notice on Shwimmer, as determined by Shwimmer in its sole discretion. Shwimmer reserves the right to determine the form and means of providing notifications to Users, provided that Users may opt out of certain means of notification as described in this Privacy Policy.

  1. DO NOT TRACK

14.1 Do Not Track (“DNT”) is a privacy preference that Users can set in certain web browsers. DNT is a way for Users to inform Shwimmer that they do not want certain information about their webpage visits collected over time and across websites or online Services.

14.2 Shwimmer is committed to providing Users with meaningful choices about the information collected on Shwimmer for Third Party purposes, and that is why Shwimmer provides the opt-out links. However, Shwimmer does not recognize or respond to browser-initiated DNT signals, as the Internet industry is currently still working toward defining exactly what DNT means, what it means to comply with DNT, and a common approach to responding to DNT.

  1. SURVEYS

Shwimmer uses surveys to collect information about its Users. From time to time, Shwimmer requests Users’ input in order to evaluate potential features and Services. The decision to answer a survey is completely that of Users. Shwimmer uses information gathered from surveys to improve its Services.

  1. OPTING OUT OF INFORMATION SHARING

16.1 Shwimmer understands and respects that not all Users may want to allow Shwimmer to share their information with other select Users or companies. If Users do not want Shwimmer to share their information, please contact Shwimmer through the Contact Us page, and Shwimmer will remove User’s name from lists Shwimmer shares with users or companies as soon as reasonably practicable. When contacting Shwimmer, Users should clearly state their request, including their name, mailing address, email address and phone number.

16.2 However, under the following circumstances, Shwimmer may still be required to share Users personal information:

a) If Shwimmer responds to subpoenas, court orders or legal process, or if Shwimmer needs to establish or exercise their legal rights or defend against legal claims.

b) If Shwimmer believes it is necessary to share information in order to investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of Shwimmer’s Terms of Use or as otherwise required by law.

c) If Shwimmer believes it is necessary to restrict or inhibit any User from using Shwimmer, including, without limitation, by means of “hacking” or defacing any portion thereof.

  1. DELETING AN APPLICATION

If Users delete Shwimmer from their mobile device, any app-specific information stored on their device will be deleted from their device. If Users have backed up their device’s apps, Shwimmer information may continue to exist where users have backed it up. Any information collected by Shwimmer while Users are signed in to their Shwimmer Account is retained as described in the What Information Shwimmer Collects section of this policy.

  1. PHISHING OR FALSE EMAILS

If Users receive an unsolicited email that appears to be from Shwimmer or one of Shwimmer’s Users that requests personal information (such as users credit card, login, or password), or that asks Users to verify or confirm their Account or other personal information by clicking on a link, that email was likely to have been sent by someone trying to unlawfully obtain User’s information, sometimes referred to as a “phisher” or “spoofer.” Shwimmer does not ask for this type of information in an email. Do not provide the information or click on the link.  Users in receipt of such emails should contact Shwimmer through the Contact Us section of the website.

  1. CHANGES TO SHWIMMER’S PRIVACY POLICY

19.1 Shwimmer may update this Privacy Policy and information security procedures from time to time. If these privacy and/or information security procedures materially change at any time in the future, Shwimmer will post the new changes conspicuously on Shwimmer to notify Users and provide Users with the ability to opt out in accordance with the provisions set forth above.

19.2 Continued use of Shwimmer Services, following notice of such changes shall indicate User’s acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

  1. BREACH OF PRIVACY POLICY

Shwimmer reserves the right to terminate or suspend any Account or delete certain Contents from any profile or public domain within its ambit if the said Account or Content is found to be in violation of Shwimmer’s privacy policy. Shwimmer sincerely requests Users to respect privacy and secrecy concerns of others. The jurisdiction of any breach or dispute shall be determined in accordance with Shwimmer’s Terms.

  1. NO RESERVATIONS

Shwimmer does not accept any reservation or any type of limited acceptance of its Privacy Policy. Users expressly agree to each and every term and condition as stipulated in this policy without any exception whatsoever.

  1. TRANSFERRING INFORMATION OVERSEAS

22.1.Data Protection Act 1998 builds in a standard of protection for personal data that is being transferred outside of Europe.

22.2 According to Principle 1 of Data Protection Act, a ‘data controller’ is required to provide information to individuals about the processing of personal data about them. This can include notifying people that information about them will go overseas. In order to comply with the Act, a data controller must comply with the following eight principles:

a) The data should be processed fairly and lawfully and may not be processed unless the data controller can satisfy one of the conditions for processing set out in the Act.

b) Data should be obtained only for specified and lawful purposes.

c) Data should be adequate, relevant and not excessive.

d) Data should be accurate and, where necessary, kept up to date.

e) Data should not be kept longer than is necessary for the purposes for which it is processed.

f) Data should be processed in accordance with the rights of the data subject under the Act.

g) Appropriate technical and organizational measures should be taken against unauthorized or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.

h) Data should not be transferred to a country or territory outside the European Economic Area unless that country or territory ensures an adequate level of protection for the rights and freedoms of data subjects in relation to the processing of personal data.

22.3 Thus, Shwimmer may disclose Personal Information to an overseas recipient if:

a) Users are Expressly Informed of the intended disclosure of their Personal Information to the overseas recipient, and Users provide consent accordingly; or

b) Shwimmer reasonably believes that the overseas recipient is subject to a law or a binding scheme that has the effect of protecting the information in a way that, overall, is at least substantially similar to the way in which the Data Protection Act seeks to protect same and Users can access mechanisms to enforce the protection of their Personal Information under that law or that scheme; or

c) The Disclosure is required or authorized by a high court of justice in England and Wales under the English law

  1. NO CONFLICT

The Privacy Policy constitutes a part of Shwimmer’s Terms. Shwimmer has taken utmost care to avoid any inconsistency or conflict of this policy with any other terms, agreements or guidelines available on Shwimmer. In case there exists a conflict, Shwimmer requests users to kindly contact Shwimmer for the final provision and interpretation.

  1. CONTACT US

If Users have any questions about this Privacy Policy, practices relating to Shwimmer, or User’s dealings with Shwimmer, please contact Shwimmer on the Contact Us page available on the website https://shwimmer.com