Special Note for Parents. We will not knowingly accept personal information from anyone under 13 years old in violation of applicable laws. If you believe that your child under 13 has gained access to the Sites or Offerings, and you do not want to grant permission for him or her to do so, please contact us at firstname.lastname@example.org. We have taken commercially reasonable steps to restrict use of the Sites and Offerings to those who are at least 13 years old. Many of our users, including children under 13 years old, find these Sites or Swim Workouts Offerings through invitation by a swim team coach or instructor or through their involvement on a swim team.
In certain select areas of Swim Workouts Sites or Offerings, we may collect information from a child under 13 years old solely for purposes permitted by applicable United States law, such as a first name, and ask a child to provide an email address for lawful purposes. These purposes may include in order to obtain information that would allow us to contact a parent or guardian, to use on a one-time basis to respond to a customer support or similar request, to allow for commenting or otherwise participate in interactive forum, etc. If a child who indicates he or she is under 13 years old is invited by email by a swim coach or instructor to register or subscribe to Swim Workouts Offerings, we may use the information to contact the coach about obtaining a parent's or guardian's email address and/or consent or block further invitations from being sent to the child until such consent is obtained. In all of these instances, except as consented by a parent or guardian, the information provided by the child will be deleted based on reasonable steps taken during or after the use of such information for the permitted purpose.
What Personally Identifiable Information Does Deepwater Softworks Collect? Deepwater Softworks collects the following types of personally identifiable and other user information:
User Information: Information about you, as a user of Swim Workouts Sites or Offerings, may be collected through a variety of methods, such as games, quizzes, contests, forums or the like or from other documents that you submit to us, transactions in which you may engage with us or our affiliated companies, via phone or through other modes of communication or through visits or uses you may make of Swim Workouts Offerings. Such information may include non-personally identifiable, such as the kind of browser (e.g, Safari, Internet Explorer) or device (e.g., iPhone, Windows PC, tablets) you are using to access the Offerings or a generalized location (e.g, city, state) where you may be accessing an Offering at the time of a visit or use. Some such information may also be personally identifiable or be treated by applicable law as "personal information" about you and/or other users. This may include contact information (e.g., name and address), or other kinds of information generally considered to be personal information or may be deemed by the law to be sufficiently or potentially personally identifying (e.g., screen name, email address, IP address) that we may obtain in connection with providing services.
Log File Information: Deepwater Softworks' servers automatically record certain information that your web browser sends whenever you visit Swim Workouts Sites. These server logs may include information such as your web request, Internet Protocol ('IP') address, browser type, browser language, referring / exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time of your request, and one or more cookies that may uniquely identify your browser.
Information Collected by 'Clear GIFs': Deepwater Softworks may employ 'clear GIFs' (a.k.a. Web Beacons), which are used to track the online usage patterns anonymously (i.e., in a non-personally-identifiable manner). In addition, Deepwater Softworks may also use clear GIFs in HTML-based emails sent to users to track which emails are opened by recipients.
How Does Deepwater Softworks Use Personally Identifiable Information?
Registrations, etc. We may use your Personal Information to provide you with the benefits of Swim Workouts Offerings. For example, we may request that you register and provide certain personal and non-personal information for us to retain in our registration databases to provide you with access to certain Offerings we make available only to registered users. These can include mobile apps or offerings that require log-in at our website(s).
Newsletters, etc. We may ask you to provide an email, mailing and/or other information about yourself, including your affiliations and other personal or non-personally identifying information, in connection with subscribing to any newsletter or other periodical offering. We will then deliver to you based on the information you provided in connection with such request or consent to receive such newsletter or other periodicals.
To Be Able to Contact You. We may ask for temporary contact information in connection with certain offerings, such as to post comments or participate on discussion forums or to provide you with customer support, so that we may respond to a request or to get in touch with you when necessary. For example, we may request a reasonable amount of personal and non-personal information (e.g., email address, name) in order to communicate with you or to send you information that you have requested or in order to be able to contact a parent, guardian or coach or instructor to abide by applicable law or our contractual arrangements.
Optimize and Improve our Offerings, etc. We use and analyze information that is usually non-personally identifying (e.g., browser, device, pages visited, visit frequency, session length, zip code) and sometimes is or may, as a matter of a particular state's or federal or other law applicable to you or our industry, be personal or treated as personal information (e.g., IP address, email, organizational associations) in order to learn how our Sites and Offerings are being used and to optimize and improve our products, services and operations. We may also use such information to detect, investigate or prevent activities that may violate our or our customers' or advertising or similar clients' policies or be illegal.
Third-Party Analytics, Advertising, etc. We use non-personal and, with your opt-in or on other legally acceptable basis, personal information to generate advertising revenues on Swim Workouts Sites and in connection with Swim Workouts Offerings. We may also use third-party hosted or provided services to provide, support, optimize or develop Swim Workouts Offerings. These include website monitoring, analytics and other services (such as website analytics, user metrics, commenting tools and discussion-forum technology, or third-party mail server or ad-serving platforms and technologies, credit-card processing). Some of these third-party services (and in certain instances the third-party advertisers that purchase advertising placement on our Sites and Offerings) may use 'cookies' or other technologies to measure or obtain value based on our users' activities, as permitted by applicable law (see above section entitled "Cookies, etc.").
Hosting, etc. We may host our Swim Workouts Sites and Offerings through third-party hosting providers and utilize the services of other service providers to maintain the operation and integrity of our computer and network infrastructure systems.
Will Deepwater Softworks Share Personally Identifiable Information with Others? Deepwater Softworks will not share your personally identifiable information (such as name or email address) with other, third-party companies for their commercial or marketing use without your consent or except as part of a specific program or feature for which you have the ability to opt in or opt out.
Deepwater Softworks may provide personally identifiable information to employees, consultants, affiliates or other businesses or persons (e.g., credit card processing service) for the purpose of processing such information on Deepwater Softworks' behalf. In such circumstances, such parties have agreed to protect the confidentiality of such information and to comply in all respects with applicable law in the handling of such personal information.
Deepwater Softworks may share non-personally-identifiable information (such as anonymous User usage data, referring / exit pages and URLs, platform types, number of clicks, etc.) with interested third parties to assist them in understanding the usage patterns for certain content, services, advertisements, promotions, and/or functionality on Swim Workouts Sites.
Is My Information Secure? Deepwater Softworks has implemented security measures to protect personally identifiable information collected on Swim Workouts Sites against loss, misuse or alteration. In addition, your account information is protected by a password for your privacy and security. It is important that you protect against unauthorized access to your password and to your computer by logging off once you have finished using a shared computer. Moreover, despite the precautions described above, Deepwater Softworks cannot and does not guarantee that the individual user information you have transmitted will not be intercepted by others and/or decrypted or accidentally disclosed, and it accepts no liability for any unintentional disclosure.
In the Event of Merger, Sale, or Bankruptcy. In the event that Deepwater Softworks is acquired by or merged with a third-party entity, it reserves the right to transfer or assign the information it has collected from users as part of such merger, acquisition, sale, or other change of control. In the unlikely event of Deepwater Softworks' bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors' rights generally, Deepwater Softworks may not be able to control how your personal information is treated, transferred, or used.
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