Privacy Policy

Our Website Privacy Policy

1. Please read carefully

Swimtelligent cares deeply about the privacy of its visitors and users. To that end, this Privacy Policy (“Privacy Policy”) describes how Swimtelligent, collect, use, and share your Personal Information ("PI"), as well as an explanation of the data rights you may have in that Personal Information. This Privacy Policy applies to all Swimtelligent users, including unregistered visitors, registered users, and premium users (collectively, “Users”, “you”, or “your”), and to all Swimtelligent services, including our websites (including www.Swimtelligent .com and any of its subdomains, the “Website”), web applications (“Swimtelligent Apps”), mobile applications (“Mobile Apps”), and related services (collectively, the “Services”). This Privacy Policy is not intended to override the terms of any contract you have with us, nor any rights you may have under other applicable data privacy laws.

Prior to accessing or using our Services, please read this policy and make sure you fully understand our practices in relation to your Personal Information. If you read and fully understand this Privacy Policy, and remain opposed to our practices, you must immediately leave and discontinue all use of any of our Services. If you have any questions or concerns regarding this policy, please contact us here.

2. What ‘Personal Information’ do we collect?

2.1. User information:

To provide you the Services, we must collect Personal Information relating to an identified or identifiable natural person (“Personal Information”). We collect Personal Information you provide us, from your use of the Services, and from other sources. Here are the types of Personal Information we collect about you:

Information you provide us. When you register for our Services, sign up for any Swimtelligent events, subscribe to our blog(s) or newsletter(s), purchase and/or register domain names, use any of our Services; and/or when you contact us directly by any communication channel (e.g., Swimtelligent emails), you may provide us Personal Information, such as name, email address, phone number, payment information (for Users with Paid Services), information you include in your communications with us and with other users on our platform, and Personal Information contained in scanned identification documents (such as an ID card, driver’s license, passport, or official company registration documents).
Information we collect when you use the Services. When you visit, download, and/or use any of our Services, we may collect aggregated usage Personal Information, such as Visitors’ and Users’ browsing and ‘click-stream’ activity on the Services, session heatmaps and scrolls, non-identifying Personal Information regarding the Visitor’s or User’s device, operating system, internet browser, screen resolution, language and keyboard settings, internet service provider, referring/exit pages, date/time stamps, etc
Information we collect from other sources. We may receive Personal Information about you from third-party sources, such as i) security providers , fraud detection and prevention providers for example to help us screen out users associated with fraud, ii) social media platforms, when you log-in or sign-up using your social media account, we may receive Personal Information from that service (e.g., your username, basic profile Personal Information) and in some cases, we may collect Personal Information from lead enhancement companies which help us to improve our service offering; iii) advertising and marketing partners in order to monitor, manage and measure our ad campaigns.

2.2. Users of users ‘Personal Information’

We may also collect Personal Information pertaining to visitors and users of our User’s websites or services (“Users-of-Users”), solely for and on our Users’ behalf (as further described in Section ‎6 below).

2.3. Swimtelligent jobs applicant information

We also collect information that is provided to us by Swimtelligent jobs candidates (“Applicants”), when they apply to any of the open positions published at Indeed.com, by e-mail or otherwise (as further described in our Privacy Policy for Job Applicants).

3. Why do we collect such ‘Personal Information’

We use your Personal Information for the following purposes:

To provide and operate the Services;
To further develop, customize, expand, and improve our Services, based on Users’ common or personal preferences, experiences and difficulties;
To provide our Users with ongoing customer assistance and technical support;
To be able to contact our Users with general or personalized service-related notices and promotional messages (as further detailed in Section 8 below);
To help us to update, expand and analyze our records to identify new customers;
To facilitate, sponsor, and offer certain contests, events, and promotions, determine participants’ eligibility, monitor performance, contact winners, and grant prizes and benefits;
To analyze our performance and marketing activities;
To create aggregated statistical data and other aggregated and/or inferred information, which we or our business partners may use to provide and improve our respective services;
To provide you with professional assistance.
To enhance our data security and fraud prevention capabilities; and
To comply with any applicable laws and regulations.

We may use techniques like “machine learning” (European law refers to this as “automated decision-making”) to help us improve our services. When we use machine learning, we either: (i) still have a human being involved in the process (and so are not fully automated); or (ii) use machine learning in ways that don’t have significant privacy implications (for example, reordering how applications might appear when you visit the Swimtelligent.com). We may also use machine learning to help us monitor, identify, and suspend accounts sending spam, or engaging in other abusive or fraudulent activity.

We use your Personal Information for the purposes set out in Section 3 where:

Our use of your Personal Information is necessary to perform a contract or to take steps to enter into a contract with you (e.g. to provide you with our customer assistance and technical support);
Our use of your Personal Information is necessary to comply with a relevant legal or regulatory obligation that we have; or
Our use of your Personal Information is necessary to support legitimate interests and business purposes (for example, to maintain and improve our Services and the effectiveness of Swimtelligent by identifying technical issues), provided it is conducted in a way that is proportionate and that respects your privacy rights.

4. How we share your ‘Personal Information’

We may share your Personal Information with service providers and others (or otherwise allow them access to it) in the following manners and instances:

4.1. Third Party Service Providers:

Swimtelligent has partnered with a number of selected service providers, whose services and solutions complement, facilitate and enhance our own. These include hosting and server co-location services, communications and content delivery networks (CDNs), data and cyber security services, billing and payment processing services, domain name registrars, fraud detection and prevention services, web analytics, e-mail distribution and monitoring services, session recording and remote access services, performance measurement, data optimization and marketing services, content providers, and our legal and financial advisors (collectively, “Third Party Service Provider(s)”).

In case that Swimtelligent shares personal data with a Third Party Service Provider that provides AI services, Swimtelligent will ensure that the Third Party Service Provider is under a contractual obligation not to use the data in order to train or improve its AI models.

4.2. Law Enforcement, Legal Requests and Duties:

Swimtelligent may disclose or otherwise allow access to any categories of your Personal Information described in this Privacy Policy pursuant to a legal request, such as a subpoena, legal proceedings, search warrant or court order, or in compliance with applicable laws, if we have a good faith belief that the law requires us to do so, with or without notice to you.

4.3. Protecting Rights and Safety:

Swimtelligent may share any categories of your Personal Information described in this Privacy Policy if we believe in good faith that this will help protect the rights, property or personal safety of Swimtelligent , any of our Users, any Users-of-Users, or any member of the general public, with or without notice to you.

4.4. Swimtelligent Subsidiaries and Affiliated Companies:

We may share your Personal Information internally within our family of companies, for the purposes described in this Privacy Policy.

4.5. In connection with a change in corporate control:

In addition, should Swimtelligent or any of its affiliates undergo any change in control, including by means of merger, acquisition or purchase of substantially all of its assets, your Personal Information may be shared with the parties involved in such event.

Swimtelligent does not control and is not responsible for the actions or policies of any Third Party Service, and your use of any Third Party Service is at your own risk. We encourage you to review any privacy policy accompanying a Third Party Service and ask such Third Party Service for any clarifications you may need before deciding to install and/or use their services.

5. Where do we Store/Process your ‘Personal Information’?

5.1. Data Transfers;

Swimtelligent processes data about individuals across the world and may transfer your Personal Information outside of your country. Your security, privacy and confidentiality are our top priority and that's why Swimtelligent conducts a vetting process that includes an assessment of the privacy laws in those countries to validate they have strong data protection laws.

Swimtelligent may share personal information with third parties under certain circumstances described in this Policy, subject to obligations under the Data Privacy Framework Principles extend to third parties acting as agents who help us run our business and provide services, and Swimtelligent remains liable should a third party acting as our agent process personal information subject to this Policy in a manner inconsistent with this Policy, except where Swimtelligent is not responsible for the event giving rise to the damage.

In compliance with the Data Privacy Framework Principles, Swimtelligent .com commits to resolve complaints about our collection or use of your personal information.

Swimtelligent .com has further committed to refer unresolved Data Privacy Framework complaints to an alternative dispute resolution provider located in the United States. If you have an unresolved privacy, or data use, concern that we have not addressed satisfactorily, please contact our U.S.-based third-party dispute resolution provider TRUSTe at https://feedback-form.truste.com/watchdog/request for more information or to file a complaint. The services are provided at no cost to you.

If you do not receive timely acknowledgment of your complaint from us, or if we have not addressed your complaint to your satisfaction, you may - under certain conditions described on the Data Privacy Framework website - invoke binding arbitration when other dispute resolution procedures have been exhausted. For more information on this option, please see Annex I of the Data Privacy Framework Principles.

6. Users-of-users’ ‘Personal Information’

Swimtelligent may collect, store and process certain Personal Information of Users-of-Users (“Users-of-Users Information”), solely on our Users’ behalf and at their direction. For example, each of our Users is able to import their email contacts from third-party services like Gmail, or otherwise collect and manage contacts via their User Website. Such contacts are then stored with Swimtelligent , on the User’s behalf.

For such purposes, Swimtelligent serves and shall be considered as a “Processor” and not as the “Controller” (as both such capitalized terms are defined in the European Union General Data Protection Regulation (“GDPR”)) of such Users-of-Users Information.

The Users controlling and operating such User Websites shall be considered as the “Controllers” of such Users-of-Users Information, and are responsible for complying with all laws and regulations that may apply to the collection and control of such Users-of-Users Information, including all privacy and data protection laws of all relevant jurisdictions.

You are responsible for the security, integrity and authorized usage of Personal Information about Users-of-Users’, and for obtaining consents, permissions and providing any required data subject rights and fair processing notices required for the collection and usage of such Personal Information.

Swimtelligent cannot provide legal advice to Users or their Users-of-Users, however we do recommend that all Users publish and maintain clear and comprehensive privacy policies on their User Websites in accordance with any applicable laws and regulations, and that all Users-of-Users carefully read those policies and make sure that they understand and, to the extent required by applicable law, consent to them.

For more information on how Users-of-Users Personal Information may be handled by Swimtelligent (which may be relevant for any specific notice you provide to and/or consent you obtain from your Users-of-Users), please see Sections 4, 12 and 13.

If you are a visitor, user or customer of any of our Users, please read the following: Swimtelligent has no direct relationship with Users-of-Users whose Personal Information it processes. If you are a visitor, user or customer of any of our Users, and would like to make any requests or queries regarding your Personal Information, please contact such User(s) directly. For example, if you wish to request to access, correct, amend, or delete inaccurate Personal Information processed by Swimtelligent on behalf of its Users, please direct your query to the relevant User (who is the “Controller” of such data). If Swimtelligent is requested by our Users to remove any Users-of-Users’ Personal Information, we will respond to such requests in a timely manner upon verification and in accordance with applicable law (for example, thirty (30) days under the GDPR). Unless otherwise instructed by our User, we will retain their Users-of-Users’ Personal Information for the period set forth in Section 12 below.

7. Use of cookies and other third-party technologies

We and our Third Party Service Providers use cookies and other similar technologies (“Cookies”) in order for us to provide our Service and ensure that it performs properly, to analyze our performance and marketing activities, and to personalize your experience.

You can learn more about how we use cookies and similar technologies and how you can exercise control over them in our Cookie Policy.

Please note that we do not change our practices in response to a “Do Not Track” signal in the HTTP header from a browser or mobile application, however, most browsers allow you to control cookies, including whether or not to accept them and how to remove them. You may set most browsers to notify you if you receive a cookie, or you may choose to block cookies with your browser.

8. Communications from Swimtelligent

8.1. Promotional messages

We may use your Personal Information to send you promotional content and messages by e-mail, text messages, notifications within our platform, marketing calls and similar forms of communication from Swimtelligent or our partners (acting on Swimtelligent behalf) through such means.

If you do not wish to receive such promotional messages or calls, you may notify Swimtelligent at any time or follow the “unsubscribe” or STOP instructions contained in the promotional communications you receive.

8.2. Service and billing messages

Swimtelligent may also contact you with important information regarding our Services, or your use thereof. For example, we may send you a notice (through any of the means available to us) if a certain Service is temporarily suspended for maintenance; reply to your support ticket or e-mail; send you reminders or warnings regarding upcoming or late payments for your current or upcoming subscriptions; forward abuse complaints regarding your User Website; or notify you of material changes in our Services.

It is important that you are always able to receive such messages. For this reason, you are unable to opt-out of receiving such Service and Billing Messages unless you are no longer a Swimtelligent User (which can be done by deactivating your account).

We may also contact you with service and billing-related messages and content. You will not be able to opt-out of receiving such messages.

9. Your rights in relation to your ‘Personal Information’

Swimtelligent believes that it is imperative that all Swimtelligent users have control over their Personal Information. Therefore, depending on the way you use the Swimtelligent Services, you may have the right to request access to, receive a copy of, update, amend or delete, port certain Personal Information to another service, restrict, or object to certain uses of your Personal Information (for example, for direct marketing purposes). Further, when we rely on your consent for processing of your Personal Information (for instance, for direct marketing) you can withdraw your consent at any time, and such withdrawal will take effect from thereon.

Swimtelligent will not charge you more if you exercise any of these rights and will continue to provide you with the same level of service.

If you are a Swimtelligent user, you can access and correct a lot of your Personal Information directly through your account, or via online forms Swimtelligent makes available to you (as detailed below). You can also exercise your rights by sending your request to info@Swimtelligent .com, or reaching out to our customer care department. When we receive your right request, we may take steps to verify your identity before complying with the request to protect your privacy and security.

Before fulfilling your request, we may ask you for additional information in order to confirm your identity and for security purposes. We reserve the right to charge a fee where permitted by law (e.g. if your request is unfounded or excessive).

You have the right to file a complaint with your local supervisory authority for data protection (but we still recommend that you contact us first).

Please note that permanently deleting your Swimtelligent account erases all of your Personal Information from Swimtelligent databases. After completing this process, you can no longer use any of your Swimtelligent Services, your account and all its data will be removed permanently, and Swimtelligent will not be able to restore your account or retrieve your data in the future. If you contact our support channels in the future, the system will not recognize your account and support agents will not be able to locate the deleted account.

When it comes to your Personal Information you stored with us, you have the right to: access, receive a copy of, update, amend or delete your Personal Information, enjoy data portability (in certain cases) restrict, or object to certain uses of your Personal Information, withdraw consent you’ve given us before to processing.

Just reach out to us by e-mail, mail or through our customer care team, or, when available, fill out our dedicated form.

You may also correct and/or update your Personal Information through your user account, if you have one.

You can also delete your Personal Information by deleting your entire account. We will respond to your requests within a reasonable timeframe.

10. Questions and complaints

If you have any questions or concerns about our collection, use or disclosure of Personal Information, or if you believe that we have not complied with this Privacy Policy or applicable data protection laws, please contact us – our details are set out at the end of this Privacy Policy.

Our Data Protection Officer team will investigate the complaint and determine whether a breach has occurred and what action, if any, to take. We take every privacy complaint seriously and will make all reasonable efforts to resolve your complaint promptly and in accordance with applicable law.

You can file a complaint with your local supervisory authority for data protection at any time, however we recommend that you contact us first so we can try to resolve it.

11. Data retention

We may retain your Personal Information (as well as your Users-of-Users’ Personal Information) for as long as your User Account is active, as indicated in this Privacy Policy, or as otherwise needed to provide you with our Services.

We may continue to retain your Personal Information after you deactivate your User Account and/or cease to use any particular Services, as reasonably necessary to comply with our legal obligations, to resolve disputes regarding our Users or their Users-of-Users, prevent fraud and abuse, enforce our agreements and/or protect our legitimate interests.

To determine the appropriate retention period for Personal Information, we consider the amount, nature, and sensitivity of such data, the potential risk of harm from unauthorized use or disclosure of such data, the purposes for which we process it, and the applicable legal requirements.

12. Security

Swimtelligent has implemented security measures designed to protect the Personal Information you share with us, including physical, electronic and procedural measures. Among other things, we offer HTTPS secure access to most areas on our Services; the transmission of sensitive payment information (such as a credit card number) through our designated purchase forms is protected by an industry standard SSL/TLS encrypted connection; and we regularly maintain a PCI DSS (Payment Card Industry Data Security Standards) certification. We also regularly monitor our systems for possible vulnerabilities and attacks, and regularly seek new ways and Third Party Services for further enhancing the security of our Services and protection of our Visitors’ and Users’ privacy.

Regardless of the measures and efforts taken by Swimtelligent, we cannot and do not guarantee the absolute protection and security of your Personal Information, your Users-of-Users’ Personal Information or any other information you upload, publish or otherwise share with Swimtelligentor anyone else. We encourage you to set strong passwords for your User Account and User Website, and avoid providing us or anyone with any sensitive Personal Information of which you believe its disclosure could cause you substantial or irreparable harm.

Furthermore, because certain areas on our Services are less secure than others (for example, if you set your Support forum ticket to be “Public” instead of “Private”, or if you browse to a non-SSL page), and since e-mail and instant messaging are not recognized as secure forms of communications, we request and encourage you not to share any Personal Information on any of these areas or via any of these methods.

Swimtelligent values the security of our customers' Personal Information and we do everything in our power to protect it.

However, as we can’t guarantee absolute protection – we encourage you to be careful, set a strong password for your account, and avoid submitting any sensitive information which, if exposed, could cause you major harm.

13. Third-party websites

Our Services may contain links to other websites or services. We are not responsible for such websites’ or services’ privacy practices. We encourage you to be aware when you leave our Services and to read the privacy statements of each and every website and service you visit before providing your Personal Information. This Privacy Policy does not apply to such linked third party websites and services.

14. Public forums and user content

Our Services offer publicly accessible blogs, communities and support forums. Please be aware that any Personal Information you provide in any such areas may be read, collected, and used by others who access them. To request removal of your Personal Information from our blogs, communities or forums, feel free to contact us here. In some cases, we may not be able to remove your Personal Information from such areas. For example, if you use a third party application to post a comment (e.g., the Facebook social plugin application) while logged in to your related profile with such third party, you must login into such application or contact its provider if you want to remove the Personal Information you posted on that platform.

In any event, we advise against posting any Personal Information (via any means) you don’t wish to publicize.

If you upload any user content to your User Account or post it on your User Website and provide it in any other way as part of the use of any Service, you do so at your own risk.

We have put adequate security measures in place to protect your Personal Information. However, we cannot control the actions of other Users or members of the public who may access your User Content, and are not responsible for the circumvention of any privacy settings or security measures you or we may have placed on your User Website (including, for instance, password-protected areas on your User Website). You understand and acknowledge that, even after its removal by you or us, copies of User Content may remain viewable in cached and archived pages or if any third parties (including any of your Users-of-Users) have copied or stored such User Content. To clarify, we advise against uploading or posting any information you do not wish to be public.

15. Updates and interpretation

We may update this Privacy Policy as required by applicable law, and to reflect changes to our Personal Information collection, usage and storage practices. If we make any changes that we deem as “material” (in our sole good faith discretion), we will notify you (using one of the notification methods set forth in Section 15.3 of the Terms of Use) prior to the change becoming effective. In relation to any updated Privacy Policy, we will, as required by applicable law, notify you, seek your consent and/or take any other measures. We encourage you to periodically review this page for the latest Information on our privacy practices. Unless stated otherwise, our most current Privacy Policy applies to all information that we have about you and your Users-of-Users, with respect to our Website, Swimtelligent Apps, Mobile Apps and other Services.

16. Contacting us

If you have any questions about this Privacy Policy or wish to exercise any of your rights as described in Sections 9 or 10 please refer to those sections or contact the Data Protection Officer team via info@Swimtelligent .com email. We will attempt to resolve any complaints regarding the use of your Personal Information in accordance with this Privacy Policy.

Your Rights and how to exercise them:

Here is a brief overview of your rights:

Right to Delete Your Information: Upon your request, we will delete the personal information we have collected from you, subject to certain legally permissible exceptions.
Right to Know and Access Your Personal Information: You have the right to ask us to confirm whether we process your personal information and for a copy of the personal information we maintain about you.
Right to Correct Inaccurate Personal Information: You have the right to request that we correct inaccurate personal information about you. Some personal information can be directly changed or corrected by you through our apps and websites.
Right to Opt Out of the Sale of Your Personal Information: You can tell us not to "sell" your personal information according to applicable law, even though we don't technically sell your information in the traditional sense. We may share certain categories of Personal Information with our Third Party Service Providers. However, the current regulation uses a very broad (and somewhat scary) definition of “Sale”."
Right to Limit Use of Your Personal Information for Targeted Advertising (defined in California as “Sharing”): You can ask us not to use or disclose your personal information for targeted advertising.

You may exercise any of the rights described above, you can also submit a request by email to info@Swimtelligent .com. When you submit a request, we will usually ask you to provide an email address to verify your identity and prevent fraud. You may also designate an authorized agent to submit a request on your behalf. Depending on the nature of the request, we may authenticate the request by requesting additional information or documentation, such as account related information, billing information used to purchase paid Services and the submission of specific documents.No Discrimination. Swimtelligentdoes not discriminate against any individual for exercising their rights under this section.If we deny your request or cannot fulfill it, you may appeal our decision by contacting us as described in this Privacy Policy to ask us to review your request again. Your communication should include “Appeal” in the subject line.

Categories of Information:

In the last 12 months, we collected the following categories of personal information (the same categories we collect from all users globally):

Personal and online identifiers
Commercial and transactions information
Record-keeping information
Internet or other electronic network activity information
Non-precise Geolocation data (IP address, only)
Audio, electronic, visual, or similar information
Inferences drawn from the above information

Sources of Information:

We collect Personal Information:

You provide us when you register for our Services, sign up for any Swimtelligentevents, subscribe to our blog(s) or newsletter(s), purchase and/or register domain names, use any of our Services; and/or when you contact us directly by any communication channels
When you use the Services by visiting, downloading, and/or using any of our Services.
From third-party sources, such as security providers, fraud detection services, social media platforms, lead enhancement companies, advertising and marketing partners.

Disclosure of Information for Business Purposes:

In the past 12 months, we may have disclosed each of the categories of personal information listed above to our affiliates, Third Party Service Providers, social media platforms, advertising partners, analytics partners, and promotional partners.

Sales or Sharing of Your Information:

Note: for sure, we're not out there auctioning off your data to the highest bidder.We may have "sold" (using that rather broad and dramatic term as defined by U.S. privacy laws and regulations) or shared the categories of Personal Information listed above in the past 12 months to our affiliates, Third Party Service Providers, promotional partners, advertising partners, analytics partners, and social media platforms.Swimtelligent does not knowingly collect, use, sell or share the Personal Information of children under the age of 16.

Sensitive Personal Information:

We may process Sensitive Personal Information in accordance with applicable laws and do not use or disclose Sensitive Personal Information in any way that would require us to provide an opt-out opportunity under the applicable laws.

Retention of Information:

We retain your Personal Information for the time period reasonably necessary to achieve the purposes described in this Privacy Policy, or any other notice provided at the time of collection.To determine the appropriate retention period for Personal Information, we consider the amount, nature, and sensitivity of such data, the potential risk of harm from unauthorized use or disclosure of such data, the purposes for which we process it, and the applicable legal requirements.