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    • Privacy Policy

     

    Last updated: 11/1/2020 

    Thank you for visiting www.finswimusa.com (the “Website”). This privacy and security policy (the “Policy”) explains the information we collect about you when you access or use our website or mobile applications (collectively, the “Services”), shop in our retail stores, visit or otherwise engage with our Guest Education Center, register for and attend events, engage with us on social media or otherwise interact with us. Privacy Policy also states how we use the information, some of the security steps taken to protect the information, and the choices you have to review, revise and/or restrict our usage of this information. This Policy is part of the Terms & Conditions of Use that govern the Website and is binding on all Website users. Please review this Privacy Policy carefully.

    If you have any objections to this Privacy Policy, you should immediately discontinue use of the website.

    COLLECTION OF PERSONAL DATA

    In this Privacy Policy, “personal data” means any information that identifies, relates to, describes, is reasonably capable of being associated with or reasonably can be used to identify an individual or household and other data that is linked to personal data. The types of personal data we collect about you depend on your interactions with us and are described in more detail below.

    PERSONAL DATA YOU PROVIDE DIRECTLY TO US

    We collect personal data directly from you in a variety of ways, including when you:

    • Register for an account, create a profile, participate in interactive areas of our Services, or fill out forms on our Services or in our stores;
    • Request additional information about our products or services or sign up to receive our e-mail newsletters, marketing messages or coupons;
    • Interact with us on social media, such as by tagging us and/or our products or permitting us to follow your social media profile;
    • Purchase any product or service from us;
    • Provide design or product feedback or make other submissions to us;
    • Request information or assistance from us, including correspondence with our customer service team or our retail store associates for personalized styling;
    • Participate in or respond to surveys or requests for opinions, feedback and preferences;
    • Participate in any of our experiential offerings in our retail stores or at other locations, sponsored by us;
    • Participate in or register for our ambassador or membership programs;
    • Using other features of our website that may be offered from time to time, which may require information in order to utilize the features; and
    • Sign up for and participate in events, contests, sweepstakes, promotions and special programs that we provide.

     

    The types of personal data we collect directly from you may include: your name, username, password, e-mail address, address, telephone number, credit card and debit card numbers (with expiration dates), demographic information, personal preferences, clothing size, and any other personal data that you choose to include in your profile or in other communications with us.

    PERSONAL DATA WE COLLECT AUTOMATICALLY

    We automatically collect personal data when you access and use our Services or shop in our retail stores. The types of information we collect may include:

    • Networking and device information, such as your browser type, IP address, and operating system version, language settings;
    • Information about your activity on our Services, such your access times, pages viewed, the routes by which you access our Services, your use of any hyperlinks available within our Services;
    • Information about your purchases or transactions with us, including records of products or services you have purchased, returned or are considering purchasing from us;
    • Information collected via cookies, web beacons, and other tracking technologies, including Internet service provider (ISP), Mobile Advertising ID, media access control (MAC) address, or identifiers associated with browser cookies, web beacons and similar technologies we deploy on our Services;
    • Video monitoring and recording we deploy in our retail stores; and
    • Location information in accordance with your device permissions.

    PERSONAL DATA WE COLLECT FROM BUSINESS PARTNERS & OTHER SOURCES

    We may collect personal data about you from business partners and other sources. For example, we may collect personal data about you from:

    • Third-party social media and communication services, such as Facebook, Twitter, Google and Instagram, that you use to interact with our Services (e.g., to create an account) or that allow you to share information (e.g., via plugins, widgets or other tools), but always in accordance with the authorization procedures and privacy settings you establish with such services; and
    • Unaffiliated parties, such as service providers that we use, analytics companies, advertising networks, consumer data resellers, and other third parties that provide us with information, so we can better understand you and provide you with information and offers that may be of interest to you.
    • Online Payment processers.

    PERSONAL DATA WE DERIVE

    We may derive information or draw inferences about you based on the other types of personal data we collect. For example, we may infer your location based on your IP address, or that you are interested in purchasing tango bottoms based on your browsing behavior on our Services.

    USE OF PERSONAL DATA

    We collect and use personal data for business and commercial purposes, including to:

    • Develop, provide and improve our products, events and services;
    • Complete the transactions you request, perform our contractual obligations, and as otherwise anticipated within the context of our ongoing business relationship;
    • Create and manage your online accounts, profiles and Beach Bunny VIBB program;
    • Send notifications related to your account, purchases, exchanges and returns;
    • Respond to your requests and any other communications from you, including to provide customer service;
    • Send advertising or marketing communications about products, services, offers, promotions, rewards and events offered by FinSwim and others, and provide news and information that we believe may be of interest to you;
    • Offer and administer events, classes, contests, prize draws, sweepstakes and other promotions;
    • Conduct internal research and development;
    • Analyze your engagement with our brand and your use of our Services to better understand your interests and behaviors and customize your experience;
    • Detect security incidents and protect against malicious, deceptive, or illegal activity, including fraudulent transactions, error, negligence, and breach of contract, and to protect against harm to the rights, property or safety of FinSwim and our users, customers, employees or the public;
    • Debug, identify and repair errors that impair existing intended functionality of our Services;
    • Comply with our legal obligations, including our tax obligations and those related to the prevention of fraud and money laundering, and those required for you to benefit from rights recognized by law, or any regulatory requirements or provisions; and
    • Carry out certain short-term activities and other reasonable internal purposes related to the products or services you purchase from us or your ongoing relationship with us.

    DISCLOSURE OF PERSONAL DATA

    We share personal data for the purposes described below:

    1. With our Service Providers. We share personal data with unaffiliated companies or individuals we hire or work with that perform services on our behalf, including customer support, web hosting, information technology, payment processing, product fulfillment, fraud control, direct mail and email distribution, events, contest, sweepstakes and promotion administration, and analytics services. We only share with service providers the personal data that they need to perform services for us.
    2. In Connection with a Corporate Transaction. Personal data may be disclosed or transferred as part of, or during negotiations of any purchase, sale, lease, merger, amalgamation or any other type of acquisition, disposal, securitization or financing involving FinSwim.
    3. With Law Enforcement Authorities and Individuals Involved in Legal Proceedings. We disclose personal data when we believe doing so is reasonably necessary to comply with applicable law or legal process (including an enforceable request from authorities), to respond to claims (including inquiries by you in connection with your purchases from FinSwim), or to protect the rights, property or personal safety of FinSwim, our users, employees or the public.
    4. With Your Consent or at Your Direction. We share personal data with third parties when we have your consent to do so. For example, if you decide to participate in certain interactive areas or features of our events or Services, you consent to the disclosure of this information to other users of our websites. We may also share your personal data with third parties when you intentionally direct us to do so or when you use our Services to intentionally interact with third parties. We may also share aggregated or de-identified information, which cannot reasonably be used to identify you.

    ADVERTISING AND ANALYTICS SERVICES PROVIDED BY OTHERS

    We may allow others to provide analytics services and serve advertisements on our behalf across the web and in mobile applications. These entities may use cookies, web beacons, device identifiers, and other tracking technologies which collect information about your use of the Services and other websites and applications. This information may be used by FinSwim and others to, among other things, analyze and track data, determine the popularity of certain content, deliver advertising and content targeted to your interest on our Services and other websites, and better understand your online activity. The techniques our partners employ do not collect personal information such as your name, email address, postal address, or telephone number. You can visit this page (http://www.networkadvertising.org/choices/) to opt out of targeted advertising.

    YOUR CONSUMER RIGHTS

    • You may review and modify your account and profile information by logging into your online account at any time.
    • You may request restriction of our use.
    • Rectify inaccuracies in the personal information.
    • You may deny or withdraw your consent to all or some of our use of your personal information collected by us.
    • You may lodge a complaint with a supervisory authority.
    • You may request deletion of your personal information from our system of records.
    • You may opt out of receiving promotional communications from us by following the instructions in those communications or by logging into your online account and changing your communications preferences. If you do opt out, we may still send you non-promotional communications, such as those about your account or our ongoing business relations.
    • When you first launch any of our mobile applications that collect precise location information, you will be asked to consent to the application’s collection of this information. If you initially consent to our collection of this location information, you can subsequently stop the collection of this information at any time by changing the preferences on your mobile device. If you do so, our mobile applications, or certain features thereof, may no longer function properly.
    • With your consent, we may send promotional and non-promotional push notifications or alerts to your mobile device. You can deactivate these messages at any time by changing the notification settings on your mobile device.

    INFORMATION FOR CALIFORNIA CONSUMERS: YOUR CALIFORNIA CONSUMER PRIVACY RIGHTS

    ADDITIONAL DISCLOSURES RELATED TO COLLECTION, USE AND DISCLOSURE OF PERSONAL DATA

    If you are a California resident, the California Consumer Privacy Act (“CCPA”) requires us to disclose the following information with respect to our collection, use and disclosure of personal data.

    • Categories of Personal Data Collected: In the preceding 12 months, we have collected the following categories of personal data: identifiers, characteristics of protected classifications under California or U.S. law, commercial information, internet and electronic network activity, geolocation data, audio and visual information, inferences drawn about your preferences, and other categories of personal data that relates to or is reasonably capable of being associated with you. For examples of the precise data points we collect, please refer to COLLECTION OF PERSONAL DATA above.
    • Business or Commercial Purpose for Collecting and Using Data: We collect personal data for the business purposes described in the USE OF YOUR PERSONAL DATA section above.
    • Categories of Sources of Personal Data: We collect personal data from you and the sources described in the PERSONAL DATA WE COLLECT FROM OTHER SOURCES section above.
    • Categories of Personal Data Disclosed: In the preceding 12 months, we have disclosed the following categories of personal data for business or commercial purposes: identifiers, internet and electronic network activity information, commercial information, audio and visual information, geolocation data, demographic information, inferred information, and other information that we have derived or inferred about you or that relates to or is reasonably capable of being associated with you.
    • Categories of Third Parties With Whom We Share Personal Data: We may share your personal data with the third parties as described in the DISCLOSURE OF PERSONAL DATA section above.
    • Sale of Personal Data: FinSwim does not sell your personal data.

    YOUR CALIFORNIA CONSUMER RIGHTS

    California consumers have the right to request access to their personal data, additional details about our information practices and deletion of their personal data (subject to certain exceptions). California consumers also have the right to opt out of sales of personal data, if applicable. We describe how California consumers can exercise their rights under the CCPA below. Please note that you may designate an authorized agent to exercise these rights on your behalf by providing written materials demonstrating that you have granted the authorized agent power of attorney. Please note that if an authorized agent submits a request on your behalf, we may need to contact you to verify your identity and protect the security of your personal data. We will not discriminate against you if you choose to exercise your rights under the CCPA.

    Right to Know: You may request access to the specific pieces of personal data we have collected about you in the last 12 months. You may also request additional details about our information practices, including the categories of personal data we have collected about you, the sources of such collection, the categories of personal data we share for a business or commercial purpose, and the categories of third parties with whom we share your personal data. You may make these requests by calling us or emailing [email protected] After submitting your request, please monitor your email for a verification email. We are required by law to verify your identity prior to granting access to your data in order to protect your privacy and security.

    Deletion: You may request that we delete the personal data we have collected about you. Please note that we may retain certain information as required or permitted by applicable law. You may make these requests by calling us or emailing [email protected]. After submitting your request, please monitor your email for a verification email. We are required by law to verify your identity prior to deleting your data in order to protect your privacy and security. If you request to delete your personal data, certain of our products and services may no longer be available to you.

    SECURE SHOPPING

    Sensitive personal information contained in orders placed on the Website are encrypted using 128-bit secure sockets layer (SSL) technology.* In order for SSL security to work, you must use an SSL enabled browser. *Secure Socket Layer (SSL) is a technology used by vendors to ensure the security of online business. It negotiates and employs the essential functions of mutual authentication, data encryption and data integrity for secure transactions. Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your Personal Information, you acknowledge that:

    (a) There are security and privacy limitations of the Internet which are beyond our control.

    (b) The security, integrity, and privacy of any and all information and data exchanged between you and us through the Website cannot be guaranteed.

    (c) Any such information and data may be viewed or tampered with in transit by a third party.

    (d) WHEN YOU TRANSFER ANY INFORMATION TO US, YOU DO SO AT YOUR OWN RISK.

     

    If you still have concerns about ordering electronically, feel free to call us and place your order over the phone. Have the style number, size, and color ready for each item you wish to order.

     

    YOU ARE RESPONSIBLE AT ALL TIMES FOR MAINTAINING THE CONFIDENTIALITY OF ANY PASSWORD OR OTHER ACCESS INFORMATION.

    NOTE TO KIDS

    If you are under the age of 13, you are not permitted to submit any personal information to finswimusa.com (the “Website”). Finswimla.com is intended for users who are 13 years of age and older. FinSwim provides high quality swimwear products to adult women and our site is designed to reflect these services. Online purchases are to be made by the card holder only, and your use of FinSwim’s checkout process indicates your representation that you are in compliance with these rules.

    CONSENT

    When you provide us with personal information to complete a transaction, verify your credit card, place and order, arrange for a deliver or return a purchase, you imply that you consent to our collecting it and using it for that specific reason only. If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your express consent, or provide you with an opportunity to say no. You can always update your personal information or opt-out of our mailing list or other communications from us. If at any time you would like us to update your information or you opt-out, call us or email us. Please be sure to include your email address, full name and mailing address.

    POLICY CHANGES

    FinSwim may periodically update this Policy including for new, unanticipated uses not previously disclosed. Any changes made will be posted here. By visiting and continuing to use the Website you agree to accept any changes made to this Policy. Please note that this Policy only addresses the use and disclosure of information we collect from you on the Website. Feel free to contact us with any questions about our Policy.

     

    If you would like to review, change or delete details you have supplied us with or wish to exercise any of your other rights, please contact us at us or [email protected].