Effective Date: July 1, 2013

  1. INTRODUCTION

Water Monsters, LLC ("swimnerd" or "we" or "us") operates the website https://www.swimnerd.com ("swimnerd.com" or "Site"), which is an integrated network of websites that provides public forums and publishes exclusive content focusing on high school and college swimming. The services swimnserd offers include any swimnerd-branded URL, Premium Subscriptions, which allows users to view premium online content and participate in forums and any other features, content, or applications offered from time to time by swimnerd in connection with swimnerd’s business, including when accessed via the internet, mobile, or other device.

swimnerd.com is a website for young people looking to swim in college and does not knowingly collect personal information from children under 13 years of age.

This Privacy Policy describes swimnerd’s collection, use, and sharing of personal information about users (e.g., information that identifies a specific person, such as full name or email address) where that personal information is not otherwise publicly available on the Site. This Privacy Policy also describes generally swimnerd’s practices for handling non-personally identifiable information (e.g., user interests, demographics, or Site usage) to the extent such non-personally identifiable information is associated with a particular user or user account. This Privacy Policy applies to all "users," including visitors (users who sign up to use some of the free swimnerd Services), and "Subscribers" (“users” who have purchased a Premium Subscription).

  1. SUBMISSION AND COLLECTION OF INFORMATION ON WEBSITE

User Submitted Information

User Account Registration Information is the required information that a user must provide to us when they register as a User with swimnerd.com ("User Profile," also called a "user account"), and includes an email address, password, and their 3 best events and times.

Premium Subscription Information. If you elect to purchase a Premium Subscription through the Site you will be required to provide personal financial information, including your credit card information, billing address or other payment information (collectively, "Personal Financial Information"), full name, phone number and mailing address in order to purchase such swimnerd Services. At the time of purchase you will also be requested to select your Premium Subscription type (e.g. Monthly, Semi Annual, or Annual). Your Premium Subscription will be automatically renewed and the credit card you used to subscribe for such Premium Subscription will be charged per the billing cycle of your selected online Premium Subscription (e.g. Monthly or Annual), unless you cancel the online Premium Subscription prior to the renewal date of your online Premium Subscription. If you have any questions about canceling your online Premium Subscription or our refund policy please refer to our Terms of Use. You must be 18 years of age or older to submit Personal Financial Information on the Site, including to place an order on the Site.

Public Forum Login Information. If you elect to post comments on any of the public forums provided on the Site you will be required to select a username and provide your email address. Your username will be public, which means it is available to everyone and will be displayed in search results on swimnerd.com and on external search engines. Please select your username carefully.

We may also collect user submitted information in an offline or manual format, such as a postcard. In such circumstances, you will be provided with a short notice that describes how to obtain the full text of this Privacy Policy and other relevant information.

Site Collected Information

Site Activity Information. When users visit the Site, we may collect certain non-personally identifiable information about those visits. For example, in order to permit your connection to the Site, our servers receive and record information about your computer and browser, including potentially your IP address, browser type, and other software or hardware information. If you access the swimnerd Services from a mobile or other device, we may collect a unique device identifier assigned to that device or other transactional information for that device in order to serve content to it. We also may use cookies and other tracking technologies (including browser cookies, pixels, beacons, and Adobe flash technology including cookies), which are small bits of data that often include an anonymous unique identifier. Websites send this data to your browser when you first request a web page and then store the data on your computer so the website can access information when you make subsequent requests for pages from that website. We may use these technologies to collect and store information about your usage of the Site, such as pages you have visited, search queries you have run and advertisements you have seen.

Third-parties that support swimnerd.com by serving advertisements or providing swimnerd Services, such as allowing users to share content, view premium content, or post to the forums or tracking aggregate Site usage statistics, may also use these technologies to collect similar information. swimnerd does not control these third-party technologies and their use is governed by the privacy policies of third parties using such technologies. For more information about third party ad networks that use these technologies, see http://www.aboutads.info/consumers.

Most browsers are initially set to accept cookies, but you can change your settings to notify you when a cookie is being set or updated, or to block cookies altogether. Please consult the "Help" section of your browser for more information (e.g., http://windows.microsoft.com/en-US/windows-vista/Block-or-allow-cookies). Users can manage the use of Flash technologies with the Flash management tools available at Adobe’s website, see http://www.adobe.com/products/flashplayer/security/privacy_policy/faq.html. Please note that by blocking any or all cookies you may not have access to certain features or personalization available through swimnerd Services.

Third Parties. To improve the quality of the swimnerd.com Services, we may supplement the information we collect with information that is collected or provided by third parties.

  1. NOTICE & CHOICE

Means of Notice and Choice. This Privacy Policy is the primary means by which swimnerd provides you with notice and choice regarding its collection and use of your personal information. swimnerd will not use your personal information in a manner different from what is described in this Privacy Policy without your permission.

Privacy Policy Changes. swimnerd may modify this Privacy Policy as necessary. If we make material changes to this Privacy Policy that expand our rights to use your personal information, we will notify you to seek your consent either through an email or a prominent posting on the Site.

Location of Data Storage. The swimnerd Services are hosted in the United States. If you are a user located outside the United States, you understand and consent to having any personal information you provide transferred to, stored and processed in the United States. United States data protection and other relevant laws and regulations may not be the same as those in your jurisdiction. As a result, please read this Privacy Policy with care.

Linked Websites. The swimnerd Services may also be linked to websites operated by swimnerd affiliates or third parties. swimnerd is not responsible for the privacy practices of any such third parties, and once you leave the swimnerd Services via a link, or click an advertisement, you should check the applicable privacy policy of the third-party site. This Privacy Policy does not apply to those websites that do not display or link to this Privacy Policy or have its own privacy statements.

Collection of Personal Financial Information by a Third Party. You acknowledge and agree that this Privacy Policy will not apply to any Personal Financial Information that you provide to any independent third party company on the Site and that all payment obligations related to such purchase shall be governed solely by the applicable independent third party company’s privacy policy. You further acknowledge and agree that swimnerd will have no liability for or control over such independent third party company’s use or protection of your Personal Financial Information. You should check the privacy policy of the independent third party company’s website to determine how it will handle any Personal Financial Information it collects from you and/or processes. You acknowledge and agree that in the event that such independent third party company experiences a data breach that compromises or otherwise affects your Personal Financial Information, swimnerd shall in no way be responsible or liable to you for such breach. You should contact the applicable independent third party company regarding any such data breach.

  1. USE & DISCLOSURE

swimnerd’s Use and Disclosure of Information

We only share your non-public personal information with non-affiliated third parties when we believe the sharing is permitted by you or authorized by this Privacy Policy. In addition, swimnerd may share your personal information with Affiliated Companies.

We use the information you provide us for the following purposes:

To provide and manage the swimnerd Services. We use the information we collect from and about users to provide the swimnerd Services and features to you, to measure and improve those swimnerd Services and features.

To allow third party service providers to assist us in providing and managing the swimnerd Services. swimnerd may make your non-public personal information available to certain third-party service providers, such as contractors, agents or sponsors, who help us manage or provide swimnerd Services by, for example: developing or supporting the swimnerd Services and features; collecting, transmitting, storing and/or processing Personal Financial Information, fulfilling Premium Subscriptions orders; administering message boards, or processing data or statistics. These third-party service providers are required to protect non-public personal information entrusted to them and not use it for any other purpose than the specific service they are providing to you and swimnerd.

To contact you. swimnerd may periodically send promotional materials (e.g., newsletters) or correspondence related to the swimnerd Services to the email address you provided to us at registration. If you want to stop receiving correspondence from swimnerd, you can follow the unsubscribe instructions at the bottom of each email. There are certain service notification emails that you may not opt-out of, such as notifications of changes to the swimnerd Services or policies.

To protect the rights of swimnerd and our users. There may be instances when swimnerd may disclose user information without providing notice or choice, including situations where swimnerd has a good faith belief that such disclosure is necessary in order to: (i) protect or defend the legal rights or property of swimnerd, our Affiliated Companies or their employees, agents and contractors (including enforcement of our agreements); (ii) protect the safety and security of users of the swimnerd Services or members of the public including responding to emergencies where there appears to be a danger of death or injury to any person; (iii) protect against fraud or for risk management purposes; or (iv) comply with applicable laws, rules and regulations ("Applicable Laws") or legal process.

To deliver relevant advertisements. We strive to make the swimnerd Services interesting, relevant and personalized for our users. The Site and its third-party advertising partners customize the advertising displayed to you based on non-personally identifiable information gathered via cookies or other tracking devices as well as your past activity on the Site. For example, based on your school interests, we might display an advertisement informing about the schedule for such school’s meet schedule.

To complete a merger or sale of assets. If swimnerd sells all or part of its business or makes a sale or transfer of its assets or is otherwise involved in a merger or transfer of all or a material part of its business, swimnerd may transfer your information to the party or parties involved in the transaction as part of that transaction.

  1. SECURITY

swimnerd uses commercially reasonable administrative, technical, personnel and physical measures to safeguard user information in its possession against loss, theft and unauthorized use, disclosure or modification.

  1. ACCESS, REMEDIES AND COMPLIANCE

User Control and Account Cancellation. Through the Edit Profile option, you can access and edit your Required Registration Information, Member Profile Information, Premium Subscription information and "Top 5" Preferences. If you would like to cancel your Membership Account you may email us at cancel@swimnerd.com. We may retain backup information related to your My Profile account and Premium Subscription on our servers for some time after deactivation for fraud detection or to comply with Applicable Law or our internal security policies.

  1. CONTACT US

If you have questions about this Privacy Policy, please contact swimnerd at:

Email:
info@swimnerd.com

Mail:
swimnerd
3727 Jefferson Blvd, Virginia Beach, VA 23455