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PLEASE READ OUR TERMS AND CONDITIONS FOR WEBSITE USE CAREFULLY BEFORE USING THIS SITE
What these terms cover
These terms and conditions for website use (Terms of Use) tell you the rules for using our website Swimple.co.uk (or such other domain as we may use from time to time) (Swimple or our site).
Any capitalised terms not defined herein will be defined in the Terms of Service.
Who we are and how to contact us
Swimple.co.uk is operated by Swimple Ltd (We, Us or Our). We are a company registered in Scotland under company number SC710122 and have our registered office at 20 Craigie Way, Ayr, South Ayrshire, United Kingdom, KA8 0HJ.
To contact us, or where we invite you to contact us, please email team@swimple.co.uk.
If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
Writing includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
By using Swimple, you accept these terms
You confirm that by accessing and using our website you accept these Terms of Use and that you agree to comply with them.
If you do not agree to these terms, you must not use Swimple.
We recommend that you print a copy of these terms for future reference.
There are other terms that may apply to you
These Terms of Use refer to the following additional terms, which also apply to your use of Swimple:
· Our Privacy Policy, which can be found HERE. See further under How we may use your personal information.
· Our Terms and Conditions for Service (Terms of Service), which can be found HERE, which will apply to the service we provide on Swimple.
(Collectively referred to as the Terms)
We may make changes to these terms
We amend these Terms of Use from time to time. Every time you wish to use Swimple, please check our Terms to ensure you understand the terms that apply at that time. These Terms of Use are dated 19 November 2021 and have not yet been amended.
We may make changes to Swimple
We may update and change Swimple from time to time to reflect changes to our service, our users' needs and our business priorities. We will try to give you reasonable notice of any major changes.
We may suspend or withdraw Swimple
Swimple is made available free of charge. We do not guarantee that Swimple, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of Swimple for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
You are also responsible for ensuring that all persons who access Swimple through your internet connection are aware of the Terms and that they comply with them.
We may transfer this agreement to someone else
We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under your arrangement with us.
Swimple is only for users in the UK
Swimple, its content, and any services provided in relation to the same are only targeted to, and intended for use by, individuals located and residing in the United Kingdom (UK). By continuing to access, view or make use of this site, you hereby warrant and represent to us that you are located in the UK. If you are not located in the UK you must immediately discontinue use of Swimple. We do not represent that content available on or through Swimple is appropriate for use or available in other locations.
You must keep your account details safe
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Use.
If you know or suspect that anyone other than you might know your user identification code or password, you must promptly notify us by email.
How you may use material on Swimple
We are the owner or the licensee of all intellectual property rights on Swimple, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from Swimple for your personal use and you may draw the attention of others within your organisation to content posted on Swimple.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on Swimple must always be acknowledged (except where the content is user-generated).
You must not use any part of the content on Swimple for commercial purposes without obtaining a licence to do so from us.
If you print off, copy, download, share or repost any part of Swimple in breach of these Terms of Use, your right to use Swimple will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
No text or data mining, or web scraping
You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to Swimple or any services provided via, or in relation to, Swimple. This includes using (or permitting, authorising or attempting the use of):
· Any "robot", "bot", "spider", "scraper" or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the site or any data, content, information or services accessed via the same.
· Any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations.
The provisions in this clause should be treated as an express reservation of our rights in this regard, including for the purposes of Article 4(3) of Digital Copyright Directive ((EU) 2019/790).
This clause shall not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.
Do not rely on information on Swimple
The content on Swimple is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on Swimple.
Although we make reasonable efforts to update the information on Swimple, we make no representations, warranties or guarantees, whether express or implied, that the content on Swimple is accurate, complete or up to date.
We are not responsible for websites we link to
Where Swimple contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
We have no control over the contents of those sites or resources.
This website may include information and materials uploaded by users of the site.
The views expressed by other users on Swimple do not represent our views or values.
Please see the content standards set out in our Terms of Service for further information.
How to complain about content uploaded by other users
If you wish to complain about content uploaded by other users, please contact us by email.
Our responsibility for loss or damage suffered by you
Different limitations and exclusions of liability will apply to liability arising as a result of the supply of our service to you, which will be set out in our Terms of Service.
If you are a Host:
We exclude all implied conditions, warranties, representations or other terms that may apply to Swimple or any content on it.
We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
· use of, or inability to use, Swimple; or
· use of or reliance on any content displayed on Swimple.
In particular, we will not be liable for:
· loss of profits, sales, business, or revenue;
· business interruption;
· loss of anticipated savings;
· loss of business opportunity, goodwill or reputation; or
· any indirect or consequential loss or damage.
· any act, omission or breach arising in connection with your use or inability to use Swimple.
If you are a Swimmer:
Please note that we only provide Swimple for domestic and private use. You agree not to use Swimple for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Liability for digital content
If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation.
How we may use your personal information
We will only use your personal information as set out in our Privacy Policy.
Uploading content to Swimple
Whenever you make use of a feature that allows you to upload content to Swimple, or to make contact with other users of Swimple, you must comply with the content standards set out in our Terms of Service.
You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Any content you upload to Swimple will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us a limited licence to use, store and copy that content and to distribute and make it available to third parties.
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to Swimple constitutes a violation of their intellectual property rights, or of their right to privacy.
We have the right to remove any posting you make on Swimple if, in our opinion, your post does not comply with the content standards set out in our Terms of Service.
You are solely responsible for securing and backing up your content.
We do not store terrorist content.
Rights you are giving us to use material you upload
When you upload or post content to Swimple, you grant us the following rights to use that content on a worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that user-generated content in connection with the service provided by the website and across different media, including to promote the site or the service, to expire when the user deletes the content from the site.
We are not responsible for viruses and you must not introduce them
We do not guarantee that Swimple will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform to access Swimple. You should use your own virus protection software.
You must not misuse Swimple by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to Swimple, the server on which Swimple is stored or any server, computer or database connected to Swimple. You must not attack Swimple via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use Swimple will cease immediately.
Rules about linking to Swimple
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to Swimple in any website that is not owned by you.
Swimple must not be framed on any other site, nor may you create a link to any part of Swimple other than the home page.
We reserve the right to withdraw linking permission without notice.
The website in which you are linking must comply in all respects with the content standards set out in our Terms of Service.
If you wish to link to or make any use of content on Swimple other than that set out above, please contact us by email.
Which country's laws apply to any disputes
Please note that these Terms of Use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this agreement or its subject matter or formation.
PLEASE READ OUR TERMS AND CONDITIONS FOR SERVICE BEFORE USING THIS SITE
What these terms cover
These are terms and conditions for the service (Terms of Service) provided on Swimple.co.uk (or such other domain as we may use from time to time) (Swimple or our site).
Please read our Terms of Service carefully before you use Swimple. They cover who we are, how we will provide our service to you, how you and we may change or end our arrangement, what to do if there is a problem and other important information.
Who we are and how to contact us
Swimple.co.uk is operated by Swimple Ltd (We, Us or Our). We are registered in Scotland under company number SC710122 and have our registered office at 20 Craigie Way, Ayr, South Ayrshire, United Kingdom, KA8 0HJ.
To contact us, or where we invite you to contact us, please email team@swimple.co.uk.
If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
Writing includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
By using Swimple, you accept these terms
You confirm that through being a user of Swimple, you accept these Terms of Service and that you agree to comply with them.
If you do not agree to these terms, you must not use Swimple.
We recommend that you print a copy of these terms for future reference.
There are other terms that may apply to you
These Terms of Service refer to the following additional terms, which also apply to your use of Swimple:
· Our Privacy Policy, which can be found HERE.
· Our Terms and Conditions for Use (Terms of Use), which can be found HERE, which will apply to your use of Swimple.
(Collectively referred to as the Terms)
Definitions
Swimmer or Swimmers refers to the person or persons who search for, book and hire a swimming pool on Swimple. They must be an adult permitted to enter into legally binding contracts under English law.
Host refers to the person or persons who owns and lists, or is responsible for listing a swimming pool on Swimple, and who accepts booking requests for listings on Swimple.
Any other capitalised terms will be defined herein.
Swimple is a platform which connects Swimmers with Hosts looking to list and hire out their swimming pools. You must create an account to become a user of Swimple - this is free and easy and can be done by anyone with an email address. Swimple does not manage, own or control any of the listings which are published by Hosts. Swimple is not party to the contract formed directly between Swimmers and Hosts and is in no way a real estate agent, insurer or retailer of travel packages.
Swimple simply connects Swimmers with swimming pools in their area and allows them to hire by the hour from a Host. Just chose a date and time and make a booking request and once the Host confirms your booking, you’re off to swim!
If your booking is not accepted
If a Host declines your booking request, we will inform you of this in writing and you will not be charged for your booking.
Swimple is only for users in the UK
Swimple is directed at people residing in the United Kingdom (UK). We do not represent that content available on or through Swimple is appropriate for use or available in other locations.
Listings may vary slightly from their pictures
All listings need to be approved by a member of the Swimple team before being posted. Even small changes made after a listing is posted will require approval from a member of our team. Nevertheless, Swimple cannot and does not guarantee the quality, accuracy or suitability of swimming pools after they are listed.
Your rights to make changes
Swimple will not be responsible for arranging, implementing or confirming any alterations to a booking agreed directly with a Host, unless the booking is cancelled and rebooked through Swimple, with the booking alterations reflected in your new booking.
See our Terms for Swimmers and Terms for Hosts for more information.
Our rights to make changes
Swimple may, in its absolute discretion, edit, remove or delete listings to: (i) reflect changes in relevant laws and regulatory requirements; (ii) implement minor technical adjustments and improvements, for example to address a security threat; and (iii) ensure users compliance with our Terms.
See our content standards for more information.
Terms for Swimmers
Please pay close attention to the individual rules of your Host, as well as the following terms.
1. Searching and Booking with Swimple
a) Searching. You can search for swimming pools by using criteria to refine your search, such as location or available amenities. Search results are based on their relevance to your search, by considering factors like price, location, availability, fellow Swimmers reviews, Host requirements (e.g. minimum or maximum hours), and more.
b) Booking. When you book a swimming pool, you are provisionally agreeing to pay all charges for your booking including the hire price, which includes Swimple’s 10% service fee, taxes, and any other items identified during checkout (collectively, the Total Cost). The Host will receive your booking request and may contact you if they require more information about you or your party. Once accepted, you will receive the booking confirmation and you will have entered into a contract directly with the Host. The cancellation policy and any other rules, standards, policies, or requirements identified in the booking or during checkout will form part of your contract with the Host.
c) Swimming. When you book a swimming pool, you obtain a limited licence to enter, occupy, and use the facilities for the duration of time stated on your booking confirmation. The Host retains the right to access the swimming pool during your visit, to the extent that it may be reasonably necessary, permitted by your contract with the Host, and consistent with applicable law. After your swim, you will be invited to confirm its completion and leave a review for the Host. This is when the Total Cost will be released to the Host, unless you fail to confirm completion where the Total Cost will be automatically released to the Host seven days after your swim.
2. Cancellations, Refunds and Booking modifications
a) Cancellation and Refunds. A refund may be issued at our complete discretion, depending on the individual circumstances of your cancellation; whether or not the Host cancels or whether you experience something outside your control. We will only approve a request after speaking with both parties and we will always endeavour to reach an equitable resolution.
b) Booking alterations. The only way to make alterations to your booking is to cancel and rebook through Swimple. You and the Host agree to pay any additional amounts, fees, or taxes associated with any booking alteration.
3. Being a responsible Swimmer
a) When you book and use a swimming pool, you are responsible for your own acts and omissions, as well as the acts and omissions of anyone who uses the swimming pool during your booking. Therefore, in order to be a responsible Swimmer, you should:
· Leave the pool and the surrounding area in the same state you found it;
· Comply, at all times, with applicable law; and
· Act with integrity.
b) If you are planning to bring a minor or minors, or if you are booking on behalf of a minor or minors, you must be legally authorised to do so under applicable law. You shall be solely responsible for their supervision during the booking.
Terms for Hosts
As a Host, Swimple provides complete confidence when listing and hiring your swimming pool – it’s quick, easy and free! You will have complete control over your own price, availability, and rules.
1. Listing on Swimple
a) Accepting Bookings. Any booking request needs to be approved by you before it is accepted. When you do so, a contract will be formed directly between you and the Swimmer. You will solely responsible for delivering the service as described in your listing at the date and price specified in the booking confirmation or booking alteration.
b) Your relationship with Swimple. You are and always will be entirely independent from Swimple and shall not be classified as an employee, agent, or partner. Swimple will have no involvement with the provision and management of the services described in your listing.
c) Managing your listing. Swimple makes it easy to set up and manage your listing. Just add a description of all the facilities you have on offer, including photos and any additional information you would like to provide. All new swimming pools will be checked by a member of the Swimple team prior to being listed. However, you are solely responsible for keeping your listing information up-to-date, ensuring that it does not become inaccurate or misleading in any way, and that it always complies with our content standards.
d) Legal compliance. You are solely responsible for understanding and complying with applicable law, rules or regulations which apply to your listing.
2. Cancellations, Refunds and Booking Modifications
a) Cancellation and Refunds. A refund may be issued at our complete discretion, depending on the individual circumstances of your cancellation; whether or not the Swimmer cancels or whether you experience something outside your control. We will only approve a request after speaking with both parties and we will always endeavour to reach an equitable resolution.
b) Booking alterations. The only way to make alterations to a booking is to cancel and request that the Swimmer rebooks through Swimple. You and the Swimmer agree to pay any additional amounts, fees, or taxes associated with any booking alteration.
3. Being a responsible Host
a) When you list your swimming pool, you are responsible for your own acts and omissions, as well as the acts and omissions of anyone who books and attends. Therefore, in order to be a responsible Host, you should:
· Not amend or cancel a booking without good reason or sufficient notice;
· Not provide inaccurate or misleading information in your listing and ensure that the photographs and description are an informative and accurate representation of your swimming pool;
· Ensure your swimming pool currently maintains and will continue to maintain sufficient cleanliness, filtration, water quality and chemical composition.
· Adopt your own measures to reduce the risks and hazards associated with using a swimming pool and to ensure that Swimmers are made aware of this in your listing and booking confirmation.
· Clearly state the price and not collect any additional money which has not been previously specified in your listing.
· Comply, at all times, with applicable law; and
· Act with integrity.
Reviews
Once a Swimmer has finished their swim and confirmed completion, the Swimmer and Host have seven days to leave a review for one another. Please note that the accuracy or validity of reviews will not be verified by Swimple. We may, in our absolute discretion, remove any review which is offensive, discriminatory, defamatory, illegal or which infringe our Terms in any way.
Our content standards
These content standards apply to any and all material which you contribute to Swimple (User Generated Content). They must be complied with in spirit as well as to the letter.
We will determine, in our absolute discretion, whether User Generated Content breaches our content standards.
Any User Generated Content must:
· Be accurate (where it states facts).
· Be genuinely held (where it states opinions).
· Comply with the applicable law in England and Wales.
User Generated Content must not:
· Be defamatory of any person.
· Be obscene, offensive, hateful or inflammatory.
· Bully, insult, intimidate or humiliate.
· Promote sexually explicit material.
· Include child sexual abuse material.
· Promote violence.
· Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
· Infringe any copyright, database right or trade mark of any other person.
· Be likely to deceive any person.
· Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
· Promote any illegal content or activity.
· Be in contempt of court.
· Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety.
· Be likely to harass, upset, embarrass, alarm or annoy any other person.
· Impersonate any person or misrepresent your identity or affiliation with any person.
· Give the impression that the User Generated Content emanates from Swimple if this is not the case.
· Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.
· Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.
Breach of our content standards
When we consider that a breach of these content standards have occurred, we may take such action as we deem appropriate.
Failure to comply with these content standards constitute a material breach of the Terms of Service upon which you are permitted to use Swimple, and may result in our taking all or any of the following actions:
· Immediate, temporary or permanent withdrawal of your right to use our site;
· Immediate, temporary or permanent removal of any User Generated Content uploaded by you to our site;
· Issue of a warning to you;
· Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
· Further legal action against you; and
· Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
We exclude our liability for all action we may take in response to breaches of these Terms of Service. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.
Warranties
We disclaim all warranties on Swimple, both express and implied, and makes no warranties whatsoever for User Generated Content on or available on our site.
We do not warrant the safety, quality, existence or suitability of any listing on Swimple. Any references to a Host being “approved” or “verified” means that a listing has been approved by a member of Swimple’s team, in line with our content standards, and nothing else.
Our responsibility for loss or damage suffered by you
None of the Terms deny a Swimmer or Host their statutory rights. We do not exclude or limit in any way our liability to you where it would be unlawful to do so.
Nevertheless, Swimple shall not be under any liability to a Swimmer or Host for any claims, liabilities, loss, damage or expense arising from breach of contract, our negligence or the negligence of our employees, fraud or fraudulent misrepresentation or any other loss or damage howsoever arising.
Force Majeure
Swimple will not be liable for any disruption or failure to perform obligations under a booking which result from situations outside of our reasonable control, including but not limited to, an act of God, war, riot, natural disasters, compliance with any law or governmental order, accidents, epidemics, failure of a utility service or transport network or shortages of fuel, energy, labour or materials.
Indemnification
As much as is permittable under applicable law, all users of Swimple shall agree to release, support or indemnify us for any for any claims, liabilities, loss, damage or expense whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
(a) any breach of our Terms, including our content standards set out within these Terms of Service;
(b) any injury, loss or damage arising in connection with your use or improper use of Swimple; and
(c) your breach of any applicable law.
How we may use your personal information
We will only use your personal information as set out in our Privacy Policy.
Assignment
We may transfer our agreement to someone else. We may transfer our rights and obligations under our Terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end your service with Swimple.
Miscellaneous
Which country's laws apply to any disputes
Please note that these Terms of Service, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this agreement or its subject matter or formation.
PLEASE READ OUR PRIVACY POLICY CAREFULLY BEFORE USING THIS SITE
What this Privacy Policy covers
This Privacy Policy aims to give you information on how Swimple collects and processes your personal data through your use of Swimple.
It is important that you read this Privacy Policy together with any other privacy policy or fair processing policy we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This Privacy Policy supplements other notices and privacy policies and is not intended to override them.
Booking and hosting on Swimple is not intended for children and we do not knowingly collect data relating to children.
Any capitalised terms not defined herein will be defined in the Terms of Service. Please also refer to the Glossary to understand the meaning of some of the terms used in this Privacy Policy.
Who we are and how to contact us
Swimple Ltd (We, Us or Our) respects your privacy and is committed to protecting your personal data. This Privacy Policy will inform you as to how we look after your personal data when you visit our website, Swimple.co.uk (or such other domain as we may use from time to time) (Swimple or our site) (regardless of where you visit it from) and tell you about your privacy rights and how the law protects you.
To contact us, or where we invite you to contact us, please email team@swimple.co.uk.
If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
Writing includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
There are other terms that may apply to you
Our Privacy Policy refers to:
· Our Terms and Conditions for Service (Terms of Service), which can be found HERE; and
· Our Terms and Conditions for Website Use (Terms of Use), which can be found HERE.
(Collectively referred to as the Terms)
Controller
We are the controller and are responsible for your personal data.
We have appointed a data protection officer (DPO) who is responsible for overseeing questions in relation to this Privacy Policy. If you have any questions about this privacy policy, including any requests to exercise your legal rights, please contact the DPO using the details set out below.
Contact details
Full name: Nicholas Crum
Email address: DPO@swimple.co.uk
Postal address: 20 Craigie Way, Ayr, South Ayrshire, United Kingdom, KA8 0HJ
You have the right to make a complaint at any time to the Information Commissioner's Office (ICO), the UK regulator for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.
Changes to the Privacy Policy and your duty to inform us of changes
We keep our Privacy Policy under regular review. This version is dated on 19 November 2021 and has not yet been amended.
It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.
Third-party links
This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the Privacy Policy of every website you visit.
The data we collect about you
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
We may collect, use, store and transfer different kinds of personal data about you which we have defined in the Glossary.
We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data could be derived from your personal data but is not considered personal data in law as this data will not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy policy.
We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.
If you fail to provide personal data
Where we need to collect personal data by law, or under our Terms with you, and if you fail to provide that data when requested, we may not be able to perform our services to you (as set out in our Terms of Service). In this case, we may have to end the service you receive from Swimple but we will notify you at the time if this is the case.
How is your personal data collected?
We use different methods to collect data from and about you including:
1. Information you choose to provide. You may give us your Identity, Contact and Financial Data when browsing and using Swimple. This includes personal data you provide when you:
· create an account;
· enter in your location preferences and search for, book and hire a swimming pool;
· apply to become a Host and list your swimming pool;
· enter a competition, promotion or survey; or
· give us feedback or contact us.
2. Information you automatically provide. As you interact with our website, we will automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies and other similar technologies.
3. Third parties or publicly available sources. We may receive personal data about you from various third parties as set out below:
· Identity and Contact Data, as well as any additional data authorised by you through the privacy settings of Facebook and Google, when linking your account and logging in to Swimple;
· Technical Data from analytics providers, such as Google based outside the UK;
· Technical, Usage or Marketing and Communications Data from advertising networks from time to time; and
· Contact, Financial and Transaction Data from providers of technical or payment services, such as Stripe based outside the UK.
4. Third party integrations. Parts of Swimple rely on independent third-party services which will be subject to their own respective privacy policies. When you interact with these third-party services you may be providing your personal data to them. Examples of third-party integrations are set out below:
· Google Maps/Earth which shows the location of Host Swimming Pools. See here for their privacy policy;
· Stripe which provides our payment infrastructure for bookings. See here for their privacy policy; or
· Facebook and Google Accounts to link and log in to Swimple. See here for more information on Facebook’s data policy and here for more information on Google’s privacy policy.
How we use your personal data
We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
· Where we need to perform our service to you.
· Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
· Where we need to comply with a legal obligation.
See the Glossary to find out more about the types of lawful basis that we will rely on to process your personal data.
Generally, we do not rely on consent as a legal basis for processing your personal data although we will get your consent before sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us.
Purposes for which we will use your personal data
We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.
Please note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.
|
Purpose/Activity |
Type of data |
Lawful basis for processing including basis of legitimate interest |
|
To register you as a new Swimple user |
(a) Identity (b) Contact (c) Profile |
Performance of our service to you |
|
To process and manage your booking including: (a) Receiving confirmation regarding the approval and completion of your swim (b) Send confirmation to our third party payment provider, Stripe, to release your funds to the Host |
(a) Identity (b) Contact (c) Profile (d) Transaction (e) Technical (f) Marketing and Communications |
Performance of our service to you |
|
To manage our relationship with you which will include: (a) Notifying you about changes to our terms or privacy policy (b) Asking you to leave a review of a Swimmer or Host or take part in a survey |
(a) Identity (b) Contact (c) Profile (d) Marketing and Communications |
(a) Performance of our service to you (b) Necessary to comply with a legal obligation (c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services) |
|
To enable you to partake in a prize draw, competition or complete a survey |
(a) Identity (b) Contact (c) Profile (d) Usage (e) Marketing and Communications |
(a) Performance of our service to you (b) Necessary for our legitimate interests (to study how customers use our products/services, to develop them and grow our business) |
|
To administer and protect Swimple and our business (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data) |
(a) Identity (b) Contact (c) Technical |
(a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise) (b) Necessary to comply with a legal obligation |
|
To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you |
(a) Identity (b) Contact (c) Profile (d) Usage (e) Marketing and Communications (f) Technical |
Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy) |
|
To use data analytics to improve Swimple, including our services, marketing, customer relationships and user experience |
(a) Technical (b) Usage |
Necessary for our legitimate interests (to define types of users for our services, to keep Swimple updated and relevant, to develop our business and to inform our marketing strategy) |
|
To make suggestions and recommendations about listings which may be of interest to you based on your preferences |
(a) Identity (b) Contact (c) Technical (d) Usage (e) Profile (f) Marketing and Communications |
Necessary for our legitimate interests (to develop our services and grow our business) |
Marketing
We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. We have established the following personal data control mechanisms:
Promotional offers from us
We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we make suggestions and recommendations which may be of interest to you (we call this marketing).
You will receive marketing communications from us if you have requested information from us or created an account on Swimple and you have not opted out of receiving that marketing.
Third-party marketing
We will get your express opt-in consent before we share your personal data with any third party for marketing purposes.
Opting out
You can ask us or third parties to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you, or by contacting us at any time.
Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of any relationship you may have with Swimple.
Cookies
When you use Swimple we may place cookies on your device. These small text files allow us to identify your browser and provide you with a personalised experience when you close and reopen Swimple. Cookies can also help us in protecting against certain types of fraud. You can set your browser to refuse all or some browser cookies, or to alert you when Swimple sets or accesses cookies. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly.
Change of purpose
We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.
If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
Disclosures of your personal data
We may share your personal data with the parties set out below for the purposes set out in the table above.
· Third Parties as set out in the Glossary.
· Third parties to whom we may choose to sell, transfer or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy policy.
We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
Data security
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
Data retention
How long will you use my personal data for?
We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.
To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.
By law we have to keep basic information about you (including Contact, Identity, Financial and Transaction Data) for six years after you cease being a customer for tax purposes.
In some circumstances you can ask us to delete your data: see your legal rights below for further information.
In some circumstances we will anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.
Your legal rights
Under certain circumstances, you have rights under data protection laws in relation to your personal data. Please contact us if you wish to:
· Request access to your personal data (commonly known as a "data subject access request"). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
· Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
· Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
· Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
· Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:
- If you want us to establish the data's accuracy.
- Where our use of the data is unlawful but you do not want us to erase it.
- Where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims.
- You have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
· Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
· Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
No fee usually required
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances.
What we may need from you
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
Time limit to respond
We try to respond to all legitimate requests within one month. Occasionally it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
Types of personal data
Identity Data includes first name, maiden name, last name, marital status, title, date of birth, gender, description written about oneself and profile picture.
Contact Data includes billing address, email address and telephone numbers.
Financial Data includes bank account and payment card details.
Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us.
Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access this website.
Profile Data includes your username or similar identifier, password (stored in encrypted format), bookings made by you, your interests, preferences, given and received feedback, survey responses and badges.
Usage Data includes information about how you use our website, products and services.
Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.
Lawful basis
Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.
Performance of our service means processing your data where it is necessary for the performance of the service which we provide on Swimple.
Comply with a legal obligation means processing your personal data where it is necessary for compliance with a legal obligation that we are subject to.
Third parties
Service providers acting as processors who provide IT and system administration services.
Professional advisers acting as processors or joint controllers including lawyers, bankers, auditors and insurers.
HM Revenue & Customs, regulators and other authorities acting as processors or joint controllers based in the United Kingdom who require reporting of processing activities in certain circumstances.