PRIVACY POLICY

SwimandSweat, ("we" or "us") values its visitors' privacy. This privacy policy summarizes what information we might collect from a registered user or other visitor ("you"), and what we will and will not do with it.

Please note that this privacy policy does not govern the collection and use of information by companies that SwimandSweat does not control, nor by individuals not employed or managed by SwimandSweat. If you visit a web site that we mention or link to, be sure to review its privacy policy before providing the site with information.

What we do with your personally identifiable information?

It is always up to you whether to disclose personally identifiable information to us, although if you elect not to do so, we reserve the right not to register you as a user or provide you with any products or services. Personally identifiable information means information that can be used to identify you as an individual, such as, for example:

  • Your name, company, email address, phone number, billing address, and shipping address
  • Your SwimandSweat user ID and password (if applicable)
  • Any account-preference information you provide us
  • Your computer's domain name and IP address, indicating where your computer is located on the Internet
  • Session data for your login session, so that our computer can 'talk' to yours while you are logged in

If you do provide personally identifiable information to us, either directly or through a reseller or other business partner, we will:

  • Not sell or rent it to a third party without your permission, although unless you opt out (see below), we may use your contact information to provide you with information we believe you need to know or may find useful, such as (for example) news about our services and products and modifications to the Terms of Service. We do reserve the right to share your personal information with any entity that currently or in the future maintains whole or partial ownership of SwimandSweat and may use your contact information to provide you with information we believe you need to know or may find useful, such as (for example) news about our affiliated companies' services and products.
  • Take commercially reasonable precautions to protect the information from loss, misuse and unauthorized access, disclosure, alteration and destruction.
  • Not use or disclose the information except:
    • As necessary to provide services or products you have ordered, such as (for example) by providing it to a carrier to deliver products you have ordered
    • In other ways described in this privacy policy or to which you have otherwise consented
    • In the aggregate with other information in such a way so that your identity cannot reasonably be determined (for example, statistical compilations)
    • As required by law, for example, in response to a subpoena or search warrant
    • To outside auditors who have agreed to keep the information confidential
    • As necessary to enforce the Terms of Service
    • As necessary to protect the rights, safety, or property of SwimandSweat, its users, or others; this may include (for example) exchanging information with other organizations for fraud protection and/or risk reduction.

Other information we may collect

We may collect other information that cannot be readily used to identify you, such as (for example) the domain name and IP address of your computer. We may use this information, individually or in the aggregate, for technical administration of our Web site(s); research and development; customer- and account administration; and to help us focus our marketing efforts more precisely.

Identity Resolution Privacy Policy Updates

We also engage with third-party partners for the purpose of identifying users and delivering to them marketing on our behalf (i.e. email or direct mail). Our partners may collect information directly from your device, such as your IP address, device ID, and information about your browser or operating system; may combine personal and non-personal information about you with information from other sources; and may place or recognize a unique cookie on your browser. This activity enables them to identify you to facilitate the delivery of marketing on our behalf. To opt out of recognition services, please go to http://idx.listrakbi.com/opt-out.html. To opt out of third-party cookies, please go to http://www.aboutads.info/choices. 

Cookies 

SwimandSweat uses "cookies" to store personal data on your computer. We may also link information stored on your computer in cookies with personal data about specific individuals stored on our servers. 

External data storage sites

We may store your data on servers provided by third party hosting vendors with whom we have contracted.

Your privacy responsibilities

To help protect your privacy, be sure:

  • Not to share your user ID or password with anyone else.
  • To log off the SwimandSweat Web site when you are finished.
  • To take customary precautions to guard against "malware" (viruses, Trojan horses, bots, etc.), for example by installing and updating suitable anti-virus software. 

Information collected from children

You must be at least 18 years old to use SwimandSweat's Web site(s) and service(s). SwimandSweat does not knowingly collect information from children under 18. (See the [U.S.] Children's Online Privacy Protection Act.) 

SwimandSweat Terms and Conditions

SwimandSweat Text (SMS/MMS) Program Mobile Terms & Conditions

SwimandSweat offers its customers mobile marketing alerts regarding promotions, sales, offers, cart reminders, and order and shipping notifications by SMS message (the "Service") on short code 38724. By participating in the Service, you are agreeing to these Terms and to the Privacy Policy.

Signing Up and Opting-in to the Service

Enrollment in the Service requires you to provide your mobile phone number and to agree to these terms and conditions. You may not enroll if you are under 18 years old. Before the Service will start, you will need to agree to these Terms. SwimandSweat reserves the right to stop offering the Service at any time with or without notice. By opting into the Service, you: 

  • Authorize SwimandSweat to use auto dialer or non-auto dialed technology to send recurring text messages to the mobile phone number associated with your opt-in (i.e., the number listed on the opt-in form or, if none, the number from which you send the opt-in, or, if none, the number on file for the account associated with your opt-in).
  • Acknowledge that you do not have to agree to receive messages as a condition of purchase.
  • Confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to opt in.
  • Consent to the use of an electronic record to document your opt-in. To request a free paper or email copy of the opt-in or to update our records with your contact information, please contact us at 551-345-4782 or support@swimandsweat.com. To view and retain an electronic copy of these Terms or the rest of your opt-in, you will need (i) a device (such as a computer or mobile phone) with Internet access, and (ii) and either a printer or storage space on such device. For an email copy, you'll also need an email account you can access from the device, along with a browser or other software that can display the emails. 

Content You May Receive

Once you affirm your choice to opt-in to the Service on short code 38724, your message frequency may vary. You may receive alerts about:

  • Sales
  • Promotions and Offers
  • Cart reminders
  • Back in stock alerts
  • Low inventory alerts
  • Price drop alerts
  • An order has been placed (order confirmation)
  • An order has been shipped (shipping confirmation)
  • An order has been credited (return credit memo confirmation)

Charges and Carriers

Message and data rates may apply. Please consult your service agreement with your wireless carrier or contact your wireless carrier to determine your phone's pricing plan and the charges for sending and receiving text messages. You acknowledge that you are responsible for any message, data or other charges incurred (usage, subscription, etc.) as a result of using the Service.

Supported carriers are AT & T, T-Mobile, Verizon Wireless, Sprint, Boost, Virgin Mobile, U.S. Cellular, Cricket, Alltel, Cincinnati Bell, Cellcom, C-Spire, nTelos, MetroPCS, and other smaller regional carriers. The Service may not be available on all wireless carriers. SwimandSweat may add or remove any wireless carrier from the Service at any time without notice. SwimandSweat and mobile carriers are not responsible for any undue delays, failure of delivery, or errors in messages.

To Stop the Service

To stop receiving text messages from SwimandSweat, text the word STOP to 38724 any time or reply STOP to any of the text messages you have received from SwimandSweat. After texting STOP to 38724, you will receive one additional message confirming that your request has been processed.

Arbitration and Class Action Waiver

Please read this carefully.  It affects your rights. Any dispute or claim relating in any way to your use of SWIM AND SWEAT’S services will be resolved by binding arbitration, rather than court.

 

This agreement to arbitrate is intended to be broadly interpreted, and expressly includes claims brought under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq., or any other statute, regulation, or legal or equitable theory.  You and SWIM AND SWEAT hereby agree that the Federal Arbitration Act, 9 U.S.C. 1, et seq. (“FAA”) applies to this agreement to arbitrate, and governs all questions of whether a dispute is subject to arbitration.  Unless you and we agree otherwise in writing, arbitration shall be administered by the American Arbitration Association’s Consumer Arbitration Rules in effect at the time of filing of the arbitration (the “AAA’s Rules”).  However, just as a court would, the arbitrator or arbitrators must honor the terms and limitations in this Agreement, and can award damages and relief (including any attorneys’ fees) authorized by law and/or the AAA’s Rules.  The arbitration decision and award is final and binding, with some exceptions under the FAA, and judgment on the award may be entered in any court of competent jurisdiction.  YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND SWIM AND SWEAT ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN ANY CLASS, REPRESENTATIVE, OR COLLECTIVE PROCEEDING.

 

THIS AGREEMENT DOES NOT ALLOW FOR CLASS ARBITRATIONS EVEN IF THE PROCEDURES OR RULES OF THE AAA WOULD.  RATHER, YOU AND WE ARE ONLY ENTITLED TO PURSUE ARBITRATION ON AN INDIVIDUAL, BILATERAL BASIS.  FURTHER, AND UNLESS YOU AND SWIM AND SWEAT AGREE OTHERWISE IN WRITING, THE ARBITRATOR(S) MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL PARTY’S CLAIMS WITH ANY OTHER PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR COLLECTIVE PROCEEDING.

You and SWIM AND SWEAT are each responsible for our respective costs relating to counsel, experts, and witnesses, as well as any other costs relating to the arbitration.  SWIM AND SWEAT, however, will pay for the arbitration administrative or filing fees, including the arbitrator and/or other AAA case management fees, for any claim seeking $75,000 or less, unless the claim is determined by the arbitrator to be frivolous.  Otherwise, the AAA’s Rules regarding costs and payment apply.

This agreement to arbitrate does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf.

 

If any term of this Section (Arbitration and Class Action Waiver) is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term.  If application of this Severability provision should materially and adversely affect the economic substance of the transactions contemplated hereby, the Party adversely impacted shall be entitled to compensation for such adverse impact, provided the reason for the invalidity or unenforceability of a term is not due to serious misconduct by the Party seeking such compensation.

Questions

You can text HELP for help at any time to 38724. You can contact us by phone at 551-345-4782 or email us at support@swimandsweat.com.

Changes to Terms

These mobile terms and conditions are subject to change at any time without notice.

Changes to this privacy policy

We reserve the right to change this privacy policy as we deem necessary or appropriate because of legal compliance requirements or changes in our business practices.

Questions or comments?

If you have questions or comments about SwimandSweat's privacy policy please contact us via any of the ways described in the Contact Us page.

Thank you for choosing SwimandSweat! 

SwimandSweat ("we" or "us") values its visitors' privacy. This privacy policy summarizes what information we might collect from a registered user or other visitor ("you"), and what we will and will not do with it.

Please note that this privacy policy does not govern the collection and use of information by companies that SwimandSweat does not control, nor by individuals not employed or managed by SwimandSweat. If you visit a Web site that we mention or link to, be sure to review its privacy policy before providing the site with information.