Terms of Use and Privacy Policy
This user agreement is a contract between you and iGswimStat, Inc. governing your use of your iGswimStat account and the iGswimStat services.
By opening and using a iGswimStat account, you agree to comply with all of the terms and conditions in this user agreement. The terms include an agreement to resolve disputes by arbitration on an individual basis. You also agree to comply with the following additional policies and each of the other agreements on the Legal Agreements page that apply to you:
I. Overview
iGswimStat has developed this Privacy Statement to explain how we may collect, retain, process and share your Personal Data when you use our Services. This Privacy Statement applies to your Personal Data when you use Services, and does not apply to online websites or services that we do not own or control, including websites or services of other iGswimStat Users.
This Privacy Statement is designed to help you obtain information about our privacy practices and to help you understand your privacy choices when you use our Services.
Please contact us if you have questions about our privacy practices that are not addressed in this Privacy Statement.
II. What Personal Data Do We Collect ?
We may collect information about you when you use our Services, including the following:
Registration and user information – When you register to use our Services by establishing an Account, we will collect Personal Data as necessary to offer and fulfil the Services you request. We may require you to provide us with your name, last name, telephone number, email address, nickname and birthday information to establish an Account. We may require you to provide us with additional Personal Data as you use our Services.
Transaction and experience information – When you use our Services, we do collect your weekly and monthly SWORF and pace records including the date in which were achieved.
Information about your friends and contacts – It may be easier for us to help you transact with your friends and contacts if you provide Personal Data such as name, email address and telephone number about your friends and contacts while using a Service or if you connect your contact list or friend list to your Account. If you choose to connect your contact list information on your device with your Account and/or establish an account connection between a social media platform and your Account, we will collect and use your contact list or friend list information to improve your experience when you use the Services.
Information about you from third-party sources – We obtain information from third-party sources such as merchants, data providers, where permitted by law.
Other information we collect related to your use of our Sites or Services – We may collect additional information from or about you when you communicate with us, contact our customer support teams or respond to a survey.
III. Why Do We Retain Personal Data ?
We retain Personal Data encrypted in the keychain to fulfil our Services.
We retain Personal swimming data from Health app in the device under the iGswimStat documents folder
We retain Personal swimming monthly and weekly records (summary only) with pace, SWOLF and dates.
We will continue to use and disclose such Personal Data in accordance with this Privacy Statement.
IV. How Do We Process Personal Data ?
We may Process your information for the following reasons:
To operate the Sites and provide the Services, including to:
authenticate your access to an Account;
communicate with you about your Account, and the Services;
compare your swimming summary records with your friends and other users by using your provided nickname;
connect you with friends per your or their request;
To manage our needs, such as monitoring, analysing, and improving the Services performance and functionality. For example, we analyse User behaviour and perform research about the way you use our Services.
To manage risk and protect the Services and you from fraud by verifying your identity, and helping to detect and prevent fraud and abuse of the Services.
To market to you by delivering marketing materials about iGswimStat products and Services and the products and services of unaffiliated businesses. We may also Process your Personal Data to tailor certain Services experiences to better match our understanding of your interests.
To provide personalised Services offered by iGswimStat on third-party websites and online services. We may use your Personal Data and other information collected in accordance with this Privacy Statement to provide a targeted display, feature or offer to you on third-party websites. We may use cookies and other tracking technologies to provide these online services and/or work with other third-parties such as advertising or analytics companies to provide these online services.
To provide you with location-specific options, functionality or offers if you elect to share your Geolocation Information through the Services. We will use this information to enhance the security of the Sites and Services and provide you with location-based Services, such as advertising, search results, and other personalised content.
To comply with our obligations and to enforce the terms of our Sites and Services, including to comply with all applicable laws and regulations.
To make it easier for you to find and connect with others, we may use your information you have shared with the Service to suggest connections between you and people you may know. For example, we may associate information that we learn about you through your and your contacts’ use of the Services, and information you and others provide to suggest people you may know or may want to transact with through our Services. Social functionality and features designed to simplify your use of the Services with others vary by Service.
To respond to your requests, for example to contact you about a question you submitted to our customer service team.
V. Do We Share Personal Data?
We may share your Personal Data or other information about you with others in a variety of ways as described in this section of the Privacy Statement. In addition, our Consumer Privacy Notice provides specific information about the reasons why we share the Personal Data of certain United States residents with unaffiliated third parties.
We may share your Personal Data or other information for the following reasons:
With other members of the iGswimStat family: We may share your Personal Data with members of the iGswimStat family of entities to, among other things, provide the Services you have requested or authorised; to manage risk; to help detect and prevent potentially illegal and fraudulent acts and other violations of our policies and agreements; and to help us manage the availability and connectivity of iGswimStat products, Services, and communications.
With other companies that provide services to us: We may share Personal Data with third-party service providers that perform services and functions at our direction and on our behalf. These third-party service providers may, for example, provide you with Services, verify your identity, send you advertisements for our products and Services, or provide customer support.
if we need to do so to comply with a law, legal process or regulations;
to law enforcement authorities or other government officials, or other third parties pursuant to a subpoena, a court order or other legal process or requirement applicable to iGswimStat;
if we believe, in our sole discretion, that the disclosure of Personal Data is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation of suspected or actual illegal activity;
to protect the vital interests of a person;
to investigate violations of or enforce a user agreement or other legal terms applicable to any Service;
to protect our property, Services and legal rights;
to facilitate a purchase or sale of all or part of iGswimStat’s business;
to help assess and manage risk and prevent fraud against us, our Users and fraud involving the use of our Services, including fraud that occurs at or involves our business partners, strategic ventures, or other individuals and merchants;
to companies that we plan to merge with or be acquired by; and
to support our audit, compliance, and corporate governance functions.
With your consent: We also will share your Personal Data and other information with your consent or direction, including if you authorise an account connection with a third-party account or platform.
In addition, iGswimStat may provide aggregated statistical data to third-parties, including other businesses and members of the public, about how, when, and why Users visit our Sites and use our Services. This data will not personally identify you or provide information about your use of the Sites or Services. We do not share your Personal Data with third parties for their marketing purposes without your consent.
VI. How Do We Protect Your Personal Data ?
We maintain technical, physical, and administrative security measures designed to provide reasonable protection for your Personal Data against loss, misuse, unauthorised access, disclosure, and alteration. The security measures include firewalls, data encryption, and information access authorisation controls. While we are dedicated to securing our systems and Services, you are responsible for securing and maintaining the privacy of your password(s) and Account/profile registration information and verifying that the Personal Data we maintain about you is accurate and current. We are not responsible for protecting any Personal Data that we share with a third-party based on an account connection that you have authorised or any data from extracted from the device where the app is installed.
VII. Can Children Use Our Services ?
The Services are not directed to children under the age of 13. We do not knowingly collect information, including Personal Data, from children or other individuals who are not legally able to use our Services. If we obtain actual knowledge that we have collected Personal Data from a child under the age of 13, we will promptly delete it, unless we are legally obligated to retain such data. Contact us if you believe that we have mistakenly or unintentionally collected information from a child under the age of 13.
VIII. What Else Should You Know ?
Changes to This Privacy Statement.
We may revise this Privacy Statement from time to time to reflect changes to our business, the Services, or applicable laws. The revised Privacy Statement will be effective as of the published effective date.
If the revised version includes a substantial change, we will provide you with 30 days prior notice by posting notice of the change on the “Policy Update” page of our website. We also may notify Users of the change using email or other means.
Transfers of Your Personal Data to Other Countries
Our operations are supported by a network of computers, cloud-based servers, and other infrastructure and information technology, including, but not limited to, third-party service providers. We and our third-party service providers store and Process your Personal Data in the United States and elsewhere in the world. We will protect your information as described in this Privacy Statement if your Personal Data is transferred to other countries. By using our Sites and Services, you consent to your Personal Data being transferred to other countries, including countries that have different data protection rules than your country. We do not represent that our Sites and Services are appropriate or available in any particular jurisdiction.
IX. Contact Us
You may contact us if you have general questions about our Privacy Statement and practices or questions about your Account information or Personal Data.
We want to make sure your questions go to the right place: please write us to iGSwim1@gmail.com
Acceptable Use Policy / Prohibited Activities
You may not use the iGswimStat service for activities that:
violate any law, statute, ordinance or regulation.
relate to transactions involving (a) narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety, (b) drug paraphernalia, (c) cigarettes, (d) items that encourage, promote, facilitate or instruct others to engage in illegal activity, (e) stolen goods including digital and virtual goods, (f) the promotion of hate, violence, racial or other forms of intolerance that is discriminatory or the financial exploitation of a crime, (g) items that are considered obscene, (h) items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction, (i) certain sexually oriented materials or services, (j) ammunition, firearms, or certain firearm parts or accessories, or (k) certain weapons or knives regulated under applicable law.
relate to transactions that (a) show the personal information of third parties in violation of applicable law, (b) support pyramid or ponzi schemes, matrix programs, other "get rich quick" schemes or certain multi-level marketing programs, (c) are associated with purchases of annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card, (d) are for the sale of certain items before the seller has control or possession of the item, (e) are by payment processors to collect payments on behalf of merchants, (f) are associated with the sale of traveler's checks or money orders, (h) involve currency exchanges or check cashing businesses, (i) involve certain credit repair, debt settlement services, credit transactions or insurance activities, or (k) involve offering or receiving payments for the purpose of bribery or corruption.
involve the sales of products or services identified by government agencies to have a high likelihood of being fraudulent.