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Privacy - T&C

Protection of your Personal data and provision of rights to exercise control of said data is of high importance to Sommer Swim. We are open and transparent regarding all facets of how we gather, use, share and protect your personal data and have therein provided our Policy in detail.

 

1.1 INTERPRETATION

‘Privacy information’ means personal information and sensitive information.

‘Personal Data’ (‘Personal Information’) has the meaning given to that term in the GDPR Regulation+ and includes information that can identify an individual such as name, address and date of birth.

‘Controller’ means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law

‘Third party’ means a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorized to process personal data

‘Sensitive information’ has the meaning given to that term in the GDPR Regulation+ and includes information relating to health or religion, racial or ethnic origin.

‘We’, ‘us’ and ‘our’ refer to Sommer Swim.

+EU GDPR Website

 

1.2 PURPOSE

The Policy explains how Sommer Swim protects your personal data. Our Privacy Policy lays down the principles by which we collect, store, use and disclose any personal information you provide to us or we collect from other sources.

Our Privacy Policy also informs clients, prospective clients, stakeholders and anyone else whose personal information is protected in dealing with Sommer Swim, about how they can access their personal information, correct personal information held by us, lodge complaints or make any related enquiry.

In all aspects of this Privacy policy, the data ‘controller’ (as defined in the EU GDPR+ documentation, is Sommer Swim.

If you have any questions about our Privacy Policy please contact us via privacy@sommer.swim.com

 

1.3 INFORMATION TYPES COLLECTED

We will use your personal data to manage your purchase online by processing your orders, payments and returns via online services and send you notifications of delivery statuses.

We will also use your data to handle complaints and product return matters. Your personal data will be used for identification, to validate your legal age for shopping online and to confirm your address with external partners to affect for instance product delivery.

Further, your personal data where provided shall be used to conduct competitions, surveys, reward programs or similar for the purpose of operating these ‘instruments’. Where and if necessary your personal data will be used via email to inform or contact you in regard to these activities.

The following provides examples of the type of information that we collect from you and how we use that information.

Data Type :: example

Contact Data :: Your name and contact information when you create an account. Accounts can be used for easy checkout and to save your preferences and transaction history. This information would also include address related data so as to provide product delivery.

Responsive Data :: If you receive email from us, certain tools may be used capture data related to when/if you open our message, click on any links or banners it contains and make purchases.

We participate in and use behavior-based advertising. This means that a third party uses technology (e.g., a cookie) to collect information about your use of our website so that they can provide advertising about products and services tailored to your interests. That advertising may appear either on our websites, or on other websites.

Payment Data :: We collect your name, billing address, shipping address, e-mail address, phone number when you place an order for fulfillment and troubleshooting.

Identity Data :: When you participate in a contest, giveaway, reward program, promotion or questionnaire - we collect information that you provide through that process. Said information may be used to improve our services, operate the processes mentioned or for the purpose of notifying winners. If the survey or contest is provided by a third party, the third party’s privacy policy applies to the collection, use, and disclosure of your information.

Technical Data :: We collect information, including your browser type, operating system, Internet Protocol (IP) address (a number that is automatically assigned to a computer when the Internet is used), domain name, click-activity, referring website, and/or a date/time stamp for visitors.

Usage Data :: We use cookies to track site usage. “Cookies” are small pieces of information that a website stores via your browser. We may use both session cookies (which expire once a browser is closed) and persistent cookies (which stay on a device until a specified event occurs, such as a period of time expires). Among other things, cookies allow us to provide a more personal and interactive experience and to improve our marketing efforts.

Note: Persistent cookies may be removed by following instructions provided by your browser. If you choose to disable cookies some areas or features of our websites may not work properly. We do not store personal information in the cookie.

 

1.4 INFORMATION USAGE

Your information is used in many ways – depending on the type of information. The information is gathered to provide service, delivery and other forms of experience enhancement – such as sending you messages regarding new products, specials and competitions.

Online Purchase :: We will use your personal data to manage your online purchase, send you delivery status notifications and handle customer service related aspects. Your personal data will be used for identification, to validate your legal age for shopping online and to confirm your address with external partners such as shipping companies necessary to procure product delivery.

Direct Marketing :: Based on opt-in selections made by you, we will use your personal data to send marketing information, product ‘first look’ invitations, recommendations and general reminders such as abandoned cart/shopping bag reminders.

Competitions :: When you opt into competitions or as part of ongoing competition offers, we will process and use your personal data to identify you, contact you regarding the competition activity and to deliver and follow up after competition completion.

Customer Service :: Personal data will be used to manage your inquiry’s, handle complaints and/or product return matters. We may also contact using said your personal data in relation to any order issue.

Legal Matters :: We will use when required, your personal data to comply with legal obligations, court rulings and/or decisions from appropriate authorities. This includes to use your personal data to collect and verify accounting data to comply with bookkeeping rules.

Your Account :: We will use your personal data to create an account for the purpose of managing said data and to enable information related to orders, shopping history and the like be accessible by you. This also includes Contact and Payment data as explained elsewhere.


1.5 PERSONAL INFORMATION PROTECTION

No method of transmission over the Internet, or method of electronic storage, is fully secure. While we use reasonable efforts to protect your personal information from unauthorized access, use, or disclosure we cannot absolutely guarantee the security of your personal information.

In the event that we are required by law to inform you of any unauthorized access to your personal information we may notify you electronically, in writing, or by phone, if permitted to do so by law.

Our website permits you to create an account. When you do you will be prompted to create a password. You are responsible for maintaining the confidentiality of your password, and you are responsible for any access to or use of your account by someone else that has obtained your password, whether or not such access or use has been authorized by you. You should immediately notify us of any unauthorized use of your password or account.

 

1.6 THIRD PARTY LINKS

Sommer Swim websites may contain external links, apps and shop plug-ins all designed to enhance your experience. During usage this may allow third parties to collect and share data about you. Those sites are not governed by this Privacy Policy, and if you have questions about how a site uses your information, you’ll need to check the relevant site’s privacy statement.

 

1.7 WHAT ARE YOUR RIGHTS?

The EU GDPR has specific rights which are available here: ‘Rights for Citizens’.

For the purpose of our policy these are briefly explained.

Access :: You have the right to request information about the personal data we hold at any time. Upon receiving that your request we will provide you with all current personal data via e-mail.

Rectification :: You have the right to request rectification of your personal data if found incorrect, including the right to have incomplete personal data completed. If you have an account you can edit your personal data under your account page. We expect that you keep this personal data current.

Erasure :: You have the right to erase any personal data processed by Sommer Swim at any time except for the following situations: where you may have an open order, unsettled debt are suspect of service misuse or if you have made any purchase that requires us to information via legal bookkeeping rules.

If you are unsure of your rights or need clarification regarding any aspect of the policy please contact our data controller via the following email address: privacy@sommer.swim.com

 

1.7 COOKIES.

Sommer Swim use cookies (both session and persistent cookies) when you visit our site – we call it ‘Usage Data’. The information from the cookies help us enhance your browsing experience, optimize the services provided and ensure we are able to provide our most professional service model.
The cookies are also used to gather anonymous statistical/analytical data which assist in personalizing your experience.

A cookie is a small piece of information stored by your browser - if you Accept them, this information is stored on your computer for use when you return to our website. By continuing to browse our site or clicking Accept to our cookie notification, you are agreeing to our use of cookies.


1.7.1 Cookie Types.

Preference :: When you are browsing or shopping on our site, these may remember your preferences such as currency, language or other settings chosen by you to enhance the convenience and overall site experience.

Advertising ::These cookies are used to deliver ads relevant to you. They also limit the number of times that you see an ad and help us measure the effectiveness of our marketing campaigns.

Functionality ::These are cookies necessary to operate the site – such as ones used enable payment services, remember cart contents and the like.

Analytics :: These cookies allow us to measure and analyze how customers use the site, to improve both its functionality and your shopping experience.

 

1.8 SHARING OF INFORMATION

In addition to the specific situations discussed elsewhere in this policy, we disclose information in the following situations:

Affiliates :: Sommer Swim may share information with our company affiliates or subsidiaries such as region based procurement centers. If another company acquires our company, business, or our assets, we will also share information with that company.

Public :: You may have the opportunity to post comments, or reviews, in a public forum. If you decide to submit information on these pages, that information may be publicly available.

Service Providers :: We may share your information with service providers. Among other things service providers may help us to administer our website, conduct surveys, provide technical support, process payments, and assist in the fulfillment of orders.

Other Disclosures :: Without your consent, we may have to disclose information in response to subpoenas/court orders or in relation to other legal matters as required, including but not limited to any legal process related to book keeping.

Partner Promotion :: We may offer contests, reward programs, or other promotions with third party partners. If you decide to enter a contest, reward program, or promotion that is sponsored by a third party partner the information that you provide will be shared with us and with them. Their use of your information is not governed by this privacy policy.

 

1.9 INFORMATION and COUNTRIES OUTSIDE EUROPE

Sommer Swim is an expanding company, as such we have numerous fulfilment centers which we may use for processing orders to meet our stringent delivery policies or product procurement requirements. Some or all of these countries may not therein be overseen by the European Commission’s decision of adequacy and therein not strictly comply. To facilitate our concern for your data, we shall where necessary still apply EU data protection clauses where possible.

 

1.10 PERSONAL INFORMATION STORAGE

Sommer Swim will only retain your personal information for as long as you are a customer. If you no longer wish to be a customer and have the information removed from our systems, you can contact our data ‘controller’ at privacy@sommerswim.com and make the appropriate request.

If reasonably necessary or required to meet legal or regulatory requirements, resolve disputes, prevent fraud and abuse, or enforce our Terms & Conditions, we may also keep hold of some or all of your information as required. This also pertains to the event you have requested to close your account or it is no longer needed to provide services to you as our customer.

Additionally, we will keep your data for direct marketing until you withdraw your consent.

 

1.11 NON-PROVISION OF PERSONAL INFORMATION.

For example, but without limitation, if you have a general inquiry about us, and/or our goods and services, we may be able to respond to your inquiry on an 'anonymous' basis. However, if personal information we request for the provision of our goods and/or services is not provided, or you provide the information 'anonymously', then we may be unable to provide said goods and/or services to you.

Additionally, it may become necessary to verify your identify as part of the response to a request to access/edit personal information we hold about you. If we are unable to verify your identify, or you continue to engage with us in an 'anonymous', then we may be unable to complete your request.

 

1.12 PRIVACY POLICY CHANGES

We may change this policy from time to time, to reflect how we are processing your data. If we make significant changes, we will make that clear on site or via other means such as email where that is appropriate under the policy rules so defined.

If you have need to contact Sommer Swim in regards to any aspect of our Privacy Policy please use the following email address: privacy@sommer.swim.com


TERMS AND CONDITIONS

By ordering any of our products, you agree to be bound by these terms & conditions.

By placing an order at Sommer Swim, you warrant that you are at least 18 years old or have parents' permission to buy from us.

Events outside Sommer Swim's control shall be considered force majeure.

The price applicable is that set at the date on which you place your order.

Shipping costs and payment fees are recognized before confirming the purchase.

Card information is transmitted over secure SSL encryption and is not stored.

Local charges may occur.

Sommer Swim reserves the right to amend any information without prior notice.

 

Please read the Terms & Conditions carefully before ordering any products. You should understand that by ordering any of our products, you agree to be bound by these Terms & Conditions.

By placing an order at Sommer Swim, you warrant that you are at least 18 years old (or have parents' permission to buy from us) and accept these terms & conditions which shall apply to all orders placed or to be placed with Sommer Swim for the sale and supply of any products. None of these terms & conditions affect your statutory rights. No other terms or changes to the terms & conditions shall be binding unless agreed in writing signed by us.

 

PERSONAL INFORMATION

All personal information you provide us with or that we obtain will be handled by Sommer Swim as the data ‘controller’ responsible for the personal information.

The personal information you provide will be used to ensure deliveries to you, conduct credit assessment if required and to provide offers and information on our catalog to you.

You have the right to inspect/modify the information held about you.You always have the right to request Sommer Swim to delete or correct the information held about you.

By accepting the Sommer Swim Conditions, you agree to the above.

Please review our detailed Privacy Policy which outlines all aspects of Personal Information collection, use, editing, sharing and protection.

 

FORCE MAJEURE

Events outside Sommer Swim's control, which are not reasonably foreseeable, shall be considered force majeure, meaning that Sommer Swim is released from its obligations to fulfill contractual agreements.

Example of such events are government action or omission, new or amended legislation, conflict, embargo, fire or flood, sabotage, accident, war, natural disasters, strikes or lack of delivery from suppliers. The force majeure also includes government decisions that affect the market negatively and products, for example, restrictions, warnings, ban, etc.

 

PAYMENT

All products remain Sommer Swim's property until full payment is made. The price applicable is that set at the date on which you place your order. Shipping costs and payment fees are recognized before confirming the purchase. If you are under 18 years old you must have parents' permission to buy from Sommer Swim.

All transfers conducted through Sommer Swim are handled and transacted through third party dedicated gateways to guarantee your protection. Card information is not stored and all card information is handled via SSL encryption means.

Please read the terms & conditions for the payment gateway chosen for the transaction as they are responsible for the transactions made.

 

LOCAL TAXES

Please note that local charges (sales tax, customs duty) may occur, depending on your region and local customs duties. These charges are at the customers own expense.

 

ADDITIONAL INFORMATION

Sommer Swim reserves the right to amend any information, including but not limited to prices, technical specifications, terms of purchase and product offerings without prior notice. At the event of when a product is sold out, Sommer Swim has the right to cancel the order and refund any amount paid in the best way. Sommer Swim shall also notify the customer of equivalent replacement products if available.

Shopify is not responsible for any content, interactions or transfers made on Sommer Swim websites.

 

Please direct all general Terms and Conditions enquiries to the following email address: info@sommer.swim.com