Privacy Policy

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Swim Workouts Privacy Policy


This Privacy Policy applies to Swim Workouts Offerings, which are provided to you via our website at the URL (and/or at successor, affiliated or associated domains or through various mobile or device-oriented distribution platforms, though any of these URLs or others may change or one or both may be discontinued or redirected to another URL, in our discretion) (the "Swim Workouts Sites" or "Sites"). These Sites host, publish and distribute content and other offerings provided by Deepwater Softworks, its affiliated companies, its suppliers and licensors, and various other third parties we have engaged with ("Swim Workouts Offerings" or "Offerings"). Many parts of this site feature content produced by our users, such as you. We may change or discontinue any aspect or feature of the site or our offerings at any time. Swim Workouts Sites and Swim Workouts Offerings are owned or licensed and operated and distributed by Deepwater Softworks, and any other affiliated companies (collectively referred to herein as "Deepwater Softworks" and "we" and through similar words such as "us," "our," etc.).

This Privacy Policy describes our policies and practices relating to the collection and use of information provided by or about our users. As one of our users, you may be bound by or subject to other agreements or terms and conditions with Deepwater Softworks, such as the "Website Terms of Use," which can be found at [], and, if you have registered for or subscribed to one of our other offerings, the "Subscriber Terms of Service" (which can be reviewed at []) or a "Team Use Agreement," as applicable. In certain circumstances, this Privacy Policy will not apply due to the relationship that we may have with you (or, if applicable, your employer, entity association or organization with which you are affiliated) based on one or more of these other agreements or terms and conditions.

Deepwater Softworks may, at its sole discretion, modify this Privacy Policy at any time. By accessing Swim Workouts Sites at any time after such modifications, you are agreeing to such modifications. This Privacy Policy was last modified as of August 31st, 2015. IF YOU MAKE USE OF THE SITE, REGISTER WITH THESE SITES OR SWIM WORKOUTS OFFERINGS, REQUEST INFORMATION THAT WE MAY OFFER, OR SUBMIT INFORMATION IN ANY WAY TO OR THROUGH THESE SITES OR SWIM WORKOUTS OFFERINGS, YOU ARE AGREEING TO THIS PRIVACY POLICY. AS WE UPDATE AND EXPAND OUR SERVICES, THIS POLICY MIGHT CHANGE, SO PLEASE REVIEW IT FROM TIME TO TIME.

Special Note to Children. None of the Swim Workouts Sites is a "website or online service directed to children" within the meaning of the Childrens' Online Privacy Protection Act of 1998 (COPPA) but swim team coaches and instructors may invite or request children under 13 who are being coached by them or are participating on a swim team to view and use the instructional materials of Swim Workouts Offerings from time to time. If you are under 13 years of age, we may restrict your access to Swim Workouts Offerings. Please ask your parent or guardian to review the Website Terms of Use, this Privacy Policy and any Subscriber Terms of Service together with you, or ask your parent or guardian to contact us if any of you have any questions.

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 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.

Opt-In, etc. Portions of Swim Workouts Offerings will be subject to your "opt-in" or other election to allow use or collection of information about you (or, as the case may be, the opt-in or other election on your behalf by a parent, guardian or other third party with authority). In these cases, the disclosures or terms dictated within the context of such "opt-in" or other elections will apply and prevail, including in the case of any conflict with this Privacy Policy. For example, you may be asked to provide contact information, on a temporary or registered basis, to participate in posting comments, participate in discussion forums, utilize certain product or functional offerings, and/or based on an invitation to subscribe or view one or more instructional videos or otherwise access Swim Workouts Offerings. In those cases, please review carefully the disclosures or applicable terms and conditions that are displayed or proposed to you at the time.

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.

Cookies, etc.: To enhance your online experience with us, we may use cookies, beacons, or other monitoring, identifying or tracking technologies. Cookies and other technologies like these do not, by themselves, tell us your e-mail address or other personal information without your consent or opt-in. We use cookies as a convenience feature to save you time, to understand and improve the Offerings and the Sites. You may be able to opt to have your browser reject technologies such as cookies or Java, which is used by many such tracking technologies. If you do that, you may need to re-register with us every time you visit the Swim Workouts Sites or Offerings in order to access, use or participate in certain functions. You should also know that companies that advertise on Swim Workouts Sites (and their agents) might use their own cookies and other such technologies. This policy does not cover how these companies use their cookies, etc.

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.

Links to Third-Party Websites. The Site may contain links to other websites, including links that are placed there by us, such as third-party advertisements or text hyperlinks. Please be aware that we are not responsible for the privacy practices of any other website. This Privacy Policy applies solely to the Swim Workouts Sites and Offerings. We encourage all users to be aware of when they leave our Sites or other Offerings, to read the privacy policies of each and every third-party website or other offerings they visit or use.

Opt-outs, Removal, etc. You will always be given a choice to have us remove your personal information from email or mailing lists, registrations, promotional opportunities and the like when provided by Deepwater Softworks. By emailing us at, you can request that Deepwater Softworks remove or update any personal information collected from you that was collected and is still being held in computer systems controlled or operated by Deepwater Softworks. For example, if you would prefer not to receive email updates from us that may relate, for example, to new services or offerings, or other email notifications, you may opt-out of receiving these communications by emailing us. If you are affiliated with a swim team or associated organization, we may be contractually permitted or required to email you or otherwise provide you mailings or other materials on the basis of our relationship with your swim team or associated organization. Please be advised that once you provide your personal information to a third party in such situations, you will be agreeing or become subject to such third party's privacy policy and you may need to contact such third party directly to have your information removed or stop receiving from them the offerings or promotions you opted into. You cannot opt out of receiving emails for non-marketing or administrative purposes.

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.

In addition, Deepwater Softworks may release personally identifiable information: (i) to the extent it has a good-faith belief that such action is necessary to comply with any applicable law, to enforce any provision of the Website Terms of Use or, as applicable, the Subscriber Terms of Service and/or any Team Use Agreement, to protect itself against any liability, to defend itself against any claims, to protect the rights, property and personal safety of any user, or to protect the public welfare; or (ii) to respond to a court order, subpoena, or search warrant.

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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