Last Updated: 28 May, 2018
Privacy and cookies policy – www.effortlessswimming.com
1.1 We are committed to safeguarding the privacy of our website visitors; in this policy we explain how we will treat your personal information.
2. Collecting personal information
2.1 We may collect, store and use the following kinds of personal information:
(a) Information about your computer and about your visits to and use of this website (including your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths). This information is held solely to optimise the performance of the website for your use.
(b) Information that you provide to us when registering with our website and completing your profile on our website (including your name, email address, login password and profile pictures). This information is held for the functional operation of the website.
(c) Information that you provide to us for the purpose of subscribing to our email notifications and/or blogs and newsletters (including your name and email address).
(d) Information that you provide to us when using the services on our website, or that is generated in the course of the use of those services (including the timing, frequency and pattern of service use). This information is held to optimise the performance of the website and guide the development of new features.
(e) Information relating to any purchases you make of our goods and/or services or any other transactions that you enter into through our website (including your name, address, telephone number and email address; we do not however store payment card details). This information is held for the recording, processing, fulfilment and tracking of your order.
(f) Information that you provide us relating to your athletic performance, fitness, health and recording of your training sessions. This information is held for the effective operation of the website and provide coaching advice to improve your swimming ability.
(g) Information that you post to our website for publication on the internet.
(h) Information contained in or relating to any communications that you send to us or send through our website (including the communication content and meta data associated with the communication).
2.2 Before you disclose to us the personal information of another person, you must obtain that person’s consent to both the disclosure and the processing of that personal information in accordance with this policy.
3. Using personal information
3.1 Personal information submitted to us through our website will be used for the purposes specified in this policy or on the relevant pages of the website.
3.2 We may use your personal information to:
(a) administer our website and business;
(b) personalise our website for you;
(c) send you goods purchased through our website;
(d) supply to you services purchased through our website;
(e) send statements, invoices and payment reminders to you, and collect payments from you;
(f) send you non-marketing commercial communications;
(g) send you email notifications that you have specifically requested;
(h) send you our email newsletter/blog, if you have requested it (you can inform us at any time if you no longer require the newsletter/blog);
(i) send you marketing communications relating to Effortless Swimming products and services by post or, where you have specifically agreed to this, by email or similar technology (you can inform us at any time if you no longer require marketing communications);
(j) provide third parties with anonymous statistical information about our users (but those third parties will not be able to identify any individual user from that information);
(k) deal with enquiries and complaints made by or about you relating to our website;
(l) keep our website secure and prevent fraud; and
(m) verify compliance with the terms and conditions governing the use of our website.
3.3 We will not, without your express consent, supply your personal information to any third party.
We will share information with our payment services provider only to the extent necessary for the purposes of processing payments you make via our website, refunding such payments and dealing with complaints and queries relating to such payments and refunds.
4. Disclosing personal information
4.1 We may disclose your personal information to any of our employees, officers, insurers, professional advisers, agents, suppliers or subcontractors insofar as reasonably necessary for the purposes set out in this policy.
4.2 We may disclose your personal information:
(a) to the extent that we are required to do so by law;
(b) in connection with any ongoing or prospective legal proceedings;
(c) in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk);
(d) to a third party you have given us express to share with. For instance another on-line coaching platform or coaching provider.
(e) to the purchaser (or prospective purchaser) of any business or asset that we are (or are contemplating) selling; and
(f) to any person who we reasonably believe may apply to a court or other competent authority for disclosure of that personal information where, in our reasonable opinion, such court or authority would be reasonably likely to order disclosure of that personal information.
4.3 Except as provided in this policy, we will not provide your personal information to third parties.
5. International data transfers
5.1 Information that we collect may be stored and processed in and transferred between any of the countries in which we operate provided they offer the same data protection as the European Union.
5.2 You expressly agree to the transfers of personal information described in this Section 5.
6. Retaining personal information
6.1 This Section 6 sets out our data retention policies and procedure, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of personal information.
6.2 Personal information that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.
6.3 Notwithstanding the other provisions of this Section 6, we will retain documents (including electronic documents) containing personal data:
(a) to the extent that we are required to do so by law;
(b) if we believe that the documents may be relevant to any ongoing or prospective legal proceedings; and
(c) in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk).
6.4 In the event of unsubscribing from the website, user account data, training records and fitness data is retained in case the user wishes to resubscribe and regain access to it.
7. Security of personal information
7.1 We will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information.
7.2 We will store all the personal information you provide on our secure (password- and firewall-protected) servers.
7.3 All the pages of our website are protected by TLS encryption technology.
7.4 You acknowledge that the transmission of information over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet.
7.5 You are responsible for keeping the password you use for accessing our website confidential; we will not ask you for your password (except when you log in to our website).
8.1 We may update this policy from time to time by publishing a new version on our website.
8.2 You should check this page occasionally to ensure you are happy with any changes to this policy.
9. Your rights
9.1 When we receive any information instruction or request contained in section 9 we will:
a) review the reasonableness of the request;
b) we will require the supply of appropriate evidence of your identity, the nature of which will be assessed on an individual basis;
c) respond within one calendar month.
9.2 You may instruct us to:
a) provide you with any personal information we hold about you;
b) correct any inaccurate personal data we hold about you;
c) erase all personal information we hold about you;
d) restrict our usage of personal information we hold about you;
e) make your personal information portable in a machine readable format;
9.3 Erasure of user data (9.2c) and in some cases restriction of usage (9.2d) may require us to remove products and services we offer to you.
9.4 We may withhold personal information that you request to the extent permitted by law.
10. Third party websites
10.1 Our website includes hyperlinks to, and details of, third party websites.
10.2 We have no control over, and are not responsible for, the privacy policies and practices of third parties.
11. Updating information
11.1 Please let us know if the personal information that we hold about you needs to be corrected or updated.
12. About cookies
12.1 A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.
12.2 Cookies may be either “persistent” cookies or “session” cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.
12.3 Cookies do not typically contain any information that personally identifies a user, but personal information that we store about you may be linked to the information stored in and obtained from cookies.
12.4 Cookies can be used by web servers to identify and track users as they navigate different pages on a website and identify users returning to a website.
13. Our cookies
13.1 We use both session and persistent cookies on our website.
13.2 The names of the cookies that we use on our website, and the purposes for which they are used, are set out below.
(a) _gid, __utma, __utmb, __utmc, __utmv, __utmz, _ga, _gat,_gat_cqcTracker, _gat_blogger
These cookies collect information about how visitors use our website, such as the number of visitors and pages visited. We collate and retain information for reporting and monitoring purposes, in order to improve our website.
To opt out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout
This cookie determines whether the visitor has seen the information popup about their local Swim Smooth coach
This cookie is created upon the first visit to the website and stores the following values: number of visits/sessions so far, timestamp of the visitor’s first visit, and referring URL for the first visit.
This cookie is used to establish and continue a user session with the website. It stores the following information: entry page where the visitor first landed in the current session, timestamp when the session started, and referring URL for the session.
This cookie is use by the AddThis social sharing widget to share content with a range of networking and sharing platforms. It stores an updated page share count.
(f) secure_customer_sig, _landing_page, _orig_referrer, cart, cart_ts, cart_sig, _y, _shopify_y, _s, _shopify_s, _shopify_fs, __kla_id, _shopify_sa_t, _shopify_sa_p, smart-payment-buttons-experiment-mpo-clarity
14. Analytics cookies
14.1 We use Google Analytics to analyse the use of our website.
14.2 Our analytics service provider generates statistical and other information about website use by means of cookies.
14.3 The analytics cookies used by our website have the following names: _utma, _utmb, _utmc and _utmz.
14.4 The information generated relating to our website is used to create reports about the use of our website.
15. Blocking cookies
15.1 Most browsers allow you to refuse to accept cookies; for example:
(a) in Internet Explorer (version 11) you can block cookies using the cookie handling override settings available by clicking “Tools”, “Internet Options”, “Privacy” and then “Advanced”;
(b) in Firefox (version 33) you can block all cookies by clicking “Tools”, “Options”, “Privacy”, selecting “Use custom settings for history” from the drop-down menu, and unticking “Accept cookies from sites”; and
(c) in Chrome (version 38), you can block all cookies by accessing the “Customise and control” menu, and clicking “Settings”, “Show advanced settings” and “Content settings”, and then selecting “Block sites from setting any data” under the “Cookies” heading.
15.2 Blocking all cookies will have a negative impact upon the usability of many websites.
15.3 If you block cookies, you will not be able to use all the features on our website.
16. Deleting cookies
16.1 You can delete cookies already stored on your computer; for example:
(a) in Internet Explorer (version 11), you must manually delete cookie files (you can find instructions for doing so at http://windows.microsoft.com/en-gb/internet-explorer/delete-manage-cookies#ie=ie-11);
(b) in Firefox (version 33), you can delete cookies by clicking “Tools”, “Options” and “Privacy”, then selecting “Use custom settings for history”, clicking “Show Cookies”, and then clicking “Remove All Cookies”; and
(c) in Chrome (version 38), you can delete all cookies by accessing the “Customise and control” menu, and clicking “Settings”, “Show advanced settings” and “Clear browsing data”, and then selecting “Delete cookies and other site and plug-in data” before clicking “Clear browsing data”.
16.2 Deleting cookies will have a negative impact on the usability of many websites.
17. Data protection registration
17.1 We are not currently registered with a data protection agency.
18. Our details
18.1 This website is owned and operated by BA Innovations Pty Ltd trading as ‘Effortless Swimming’.
18.2 We are registered in Australia and our registered office is at 36 Tree Change Way, Woodend VIC 3442.
18.3 Our principal place of business is at 36 Tree Change Way Woodend VIC 3442
18.4 You can contact us by writing to the business address given above, by using our website contact form, by email to [email protected] or by telephone on +61 400 741866.