Privacy Policy

Who we are

This Privacy Policy (“Policy”) describes how Swimply, Inc. (“Swimply”, “we”, “us”) collects, uses and shares information when you use Swimply Pro and the websites, applications and other offerings from Swimply that post or include a link to this Policy (together, the “Platform”). It is part of our Terms of Service, at /terms.

Swimply Pro is pool service software. A pool service company (a “Company”) uses it to run its routes, visits, quotes and invoices.

Two roles. For information about you as a user of Swimply Pro, such as a Company owner, office user or technician, Swimply decides what is collected and why, as described below. For the information a Company keeps about its own customers, the Company decides what is stored and why, and Swimply Pro processes it on the Company’s behalf. We do not use a Company’s customer records for our own advertising or marketing, and the uses described below for marketing and advertising do not apply to them. A person who wants to see or correct information a Company holds about them should ask the Company first; we will help the Company answer.

What information the Platform collects

We may collect information from you directly, automatically when you use the Platform, and from third parties. Some of this information may be considered “personal information” or “personal data” under applicable laws. We consider information that identifies you as a specific individual, such as your name, phone number and email address, to be personal information. We will also treat additional information, including IP addresses and cookie identifiers, as personal information where applicable law requires. We may de-identify personal information so that it is non-personal, such as by aggregating it. We will treat de-identified information as non-personal to the fullest extent applicable law allows. If we combine non-personal information with personal information, we will treat the combined information as personal information under this Policy.

Information you provide directly

When you create an account or use the Platform, you give us information such as your name, email address, telephone number and role in your Company, and the Company’s name and address. A Company also enters the records it needs to run its business: its customers’ names, addresses, phone numbers and email addresses, pool details, service history, visit notes, photos, quotes and invoices.

If you send someone a communication from the Platform, the information you provide (such as names and email addresses) is used to send that communication and is not used for any other marketing purpose unless we obtain consent from that person. If you give us personal information about other people, you represent that you have the authority to do so and to permit us to use it in accordance with this Policy.

Payments. Card and bank details are entered with our payment provider and held by it. Swimply Pro does not store a full card number. We keep the amount, the date and the status of each payment.

Information we collect automatically

When you access the Platform, we automatically collect information such as the hardware model, browser and operating system you use, your IP address, a device identifier, the pages and screens you visit, and the time of your requests. We use it to run, secure and improve the Platform, to detect and troubleshoot problems and to prevent fraud and misuse.

Cookies. Cookies are small text files stored on your device. We use cookies to keep you signed in and to remember your preferences. You can block cookies in your browser settings, but you will not be able to sign in without them. You can find more information about cookies at www.allaboutcookies.org.

Swimply Pro’s website and phone apps do not use advertising trackers, analytics tools or session replay. If that changes, we will update this Policy before it does.

The phone app

• Location, only while the app is in use. A position is read on your phone to work out distances and the next stop, and it never leaves the phone. You can turn it off in your device settings.
• Camera, photo library and microphone, only when you take or attach a photo or video of a visit. The files are stored with that visit for the Company.
• Face ID, if you turn it on. The key stays on your phone in its Secure Enclave. We never receive your face or a copy of the key.
• Push notification tokens, so the app can tell your phone about new work. A token is removed when you sign out.

Information we collect from third parties

We may receive information about you from third parties, for example from our payment provider about the status of a payment, from a Company that adds you as a team member or customer, from public databases, or from data providers that help us verify or complete an address. We may combine it with information we collect through the Platform, and we apply this Policy to the combined information. The information a third party collects and stores is subject solely to that third party’s privacy practices.

How we use the information we collect

We may use non-personal information for any purpose, including research. We use information collected from or about you, including personal information, as described in this Policy, to:

• let you access and use the Platform and its features, such as checking that your email address and phone number are valid;
• run the service for a Company: routes, visits, quotes, invoices and payments;
• send emails and text messages to a Company’s customers on the Company’s behalf, such as a quote, an invoice or a visit notice, to the address the Company holds;
• communicate with you, such as answering your questions and sending important notices about the Platform, our policies and our Terms of Service;
• send you marketing emails and texts about Swimply Pro, with a way to unsubscribe in each one;
• market the Swimply marketplace to a Company’s customers only when the Company itself sends them a “List on Swimply” invitation;
• process payments and otherwise do what is needed to complete your transactions;
• improve the Platform, for internal business purposes, and to comply with legal requirements;
• operate and protect the Platform from errors, misuse, fraud and other illegal activity, detect and troubleshoot problems, resolve disputes and enforce our agreements and policies; and
• for other reasons we disclose when you provide your information, or with your consent.

When we share or disclose information

We may share non-personal information, such as aggregate statistics or de-identified information, with third parties in our discretion. We do not share your personal information with third parties for those third parties’ own direct marketing purposes unless you consent. We may also share personal information as disclosed when you provide it, with your consent, as described elsewhere in this Policy, and in the circumstances below.

At your request or with your consent. We may share information when you direct us to do so.

Affiliates. We may share your information with our affiliates and subsidiaries for internal business, analytical and operational purposes.

Service providers. We use third parties to provide services to us or on our or your behalf, such as payment processing, hosting, sending email and text messages, and maps. We give them access to your personal information, or let them collect it from or about you, so that they can provide those services.

Your Company. A Company and the people it has invited to its account can see the information in that account, including the records about you that the Company or its team entered.

Business, tax and legal purposes. We may, without notice to you, store, transfer and disclose data to a tax authority relating to transactions and taxes, including personal information, transaction dates and amounts, tax identification numbers and contact information.

To the extent the law permits, we may transfer and disclose your personal information to third parties to protect the integrity of the Platform, to enforce or protect our Terms of Service or the rights, property, safety or security of us or any individual, to prevent fraud, and in an emergency to protect the health and safety of our users or the public. In other cases, unless the law requires otherwise, we will reveal your information to a federal, state or local agency only when it issues a subpoena, court order or other binding request. We respond to lawfully authorized, properly served requests to the extent the law requires. Send mailed requests to Swimply, Inc., c/o Legal Team, 420 N. Highland St., Arlington, VA 22201. For faster processing, also send them to legal@swimply.com.

Business transfers. In evaluating or engaging in a sale of assets, bankruptcy, merger or other corporate transaction, including during due diligence, we may transfer or assign your personal information, which you agree we may do without your further consent.

How long we keep data

We keep a Company’s records while its account is open. After an account is closed, we delete or anonymise its data within 90 days, except what the law requires us to keep, such as payment records.

Third-party content and links

This Policy does not apply to the practices of third parties that we do not own or control, including any third-party websites and services (“Third-Party Services”) that may be linked to or from the Platform or that you choose to access through it. When you leave the Platform for another site, this Policy no longer applies. Third-Party Services may use their own cookies or other tracking technologies, may independently collect information from or about you and may use it in ways other than those described here. Their rules and policies apply to what you do on them, and we encourage you to review those policies before you give them your information.

General audience

The Platform is not intended for individuals younger than 18, and we ask that they do not provide personal information through it. We do not knowingly collect information from individuals younger than 18.

Data security

We use commercially reasonable security measures to protect against loss, misuse and alteration of your personal information under our control. However, no system can be 100% secure. While we strive to safeguard your personal information, we cannot guarantee the security of any information you disclose or transmit to us, or that we transmit to you, or that it will be free from unauthorized access by third parties. You use the Platform and give us information at your own initiative and risk.

Your choices

You may view and update your information in your account. You may also opt out of marketing communications as described below.

Email. You may unsubscribe from marketing emails by following the instructions in the email or by changing your notification preferences in your account. We reserve the right to send you certain emails about your use of the Platform, notices of changes to this Policy or other terms, and similar administrative and transactional messages.

Text messages. If you sign up to receive text messages from Swimply, you may unsubscribe by replying “STOP”.

Push notifications. We may send push notifications or alerts to your mobile device. You can stop them at any time by changing the notification settings on your device.

Other privacy rights. If you are a California resident, see the Notice to California residents below. If you are a Nevada resident, see the Notice to Nevada residents below.

Deleting an account

You can delete your account from inside the app, or by contacting us. The steps are on the support page.

Consent to international transfer of your information

We are a US-based company. If you are located outside the United States, the information we collect from you will be transferred to, and stored in, the United States, which may have different or less protective privacy laws than your country. By using the Platform or giving us information, you understand and consent to this transfer to, and processing, use, sharing and storage of your information in, the United States. As a result, this information may be subject to access requests from governments, courts or law enforcement in the United States according to its laws. Your information will also be disclosed to third parties as described in “When we share or disclose information” above.

Changes to this policy

To the extent applicable law allows, we may change this Policy at any time. When we do, we will revise the effective date at the top of this page. We may also tell you in other ways, such as by email, and give you the choice to opt in or out of the change where the law requires. We suggest you review this Policy from time to time. Your use of the Platform after a change is acceptance of the revised Policy.

Notice to California residents

Shine the Light. California Civil Code Section 1798.83 lets California residents request certain details about how their personal information has been shared during the calendar year with third parties for those third parties’ own direct marketing purposes, unless the business lets California residents opt in to, or opt out of, that sharing. Swimply qualifies for this alternative. As noted above, we do not share personal information about you with third parties for their own direct marketing purposes without first offering you a choice to opt in or opt out.

If you are a California resident and have questions about our practices on sharing personal information with third parties for their direct marketing purposes and your ability to exercise choice, email legal@swimply.com or write to CA Privacy Rights, Swimply, Inc., 420 N. Highland St., Arlington, VA 22201. Put the statement “Your California Privacy Rights” in the subject of your email or in your letter, and include your name, street address, city, state and zip code. We are not responsible for notices that are not labeled or sent properly or that do not have complete information.

How we respond to “Do Not Track” signals. Your browser may let you send a “Do Not Track” signal to the websites you visit. There is no consensus among industry participants on what “Do Not Track” means. Like many websites and online services, Swimply does not change its practices when it receives a “Do Not Track” signal from a visitor’s browser, except as the law specifically requires. To find out more, visit www.allaboutdnt.com.

Notice to Nevada residents

Nevada S.B. 220 lets consumers opt out of the sale of their personal information. We do not sell your personal information as S.B. 220 defines it. You may still submit an opt-out request, and if our practices change, we will honor it. If you are a Nevada resident and want to opt out of the sale of your covered information, email legal@swimply.com with your full name, street address, city, state, zip code and a valid email address so we can contact you about your request. If you gave us a phone number, including it will help us identify you. We may take reasonable steps to verify your identity and the authenticity of your request.

Contact us

If you have any questions, comments or concerns about this Policy or our practices, write to legal@swimply.com or to Swimply, Inc., Attn: Legal Department, 420 N. Highland St., Arlington, VA 22201.