Privacy Policy

Effective Date: June 29, 2023

Welcome to Cortz, Inc. d/b/a In The Swim ("Company" "we" or "us") and our Privacy Policy ("Privacy Policy"). This Privacy Policy is important and affects your legal rights, so please read carefully.

By accessing or using https://www.intheswim.com/ and various related websites and services (collectively, the "Company Services" or the "Services"), you agree that you have read and understand this Privacy Policy.

If you are a California resident, please see the section titled "California Privacy Rights" below.

We collect information about you when you interact with the Services, make a purchase, register for a rewards program, sign up for emails, newsletters, or marketing or other correspondence, schedule shipments, request services, create a pool services profile, participate on social media accounts involving the Services, participate in a contest, sweepstake, or other promotion, participate on an interactive forum, make an inquiry or submit correspondence with the Services or otherwise when you submit such information on any other place through the Services. The information collected may include, but is not limited to:

• Name

• Address

• Phone number

• Email

• IP Address

• Purchase History

• Payment Information

• Device IDs

• Phone IDs

• Customer Profile

• Loyalty Account Information

• Order Information

• Tracking Information

Although it may appear that we collect payment card numbers, we process payments through a third-party and do not have access to your card number.

When you use our Company Services, we may collect certain information automatically about your use of our Company Services such as the domain name of the website that allowed you to navigate to the Company Services, search engines used, the internet protocol (IP) address used, the length of time spent on the Company Services, the pages you looked at on the Company Services, other webpages you visited before and after visiting the Company Services, the type of device and/or internet browser you have, the frequency of your visits to the Company Services, and other relevant statistics.

We may use the information we collect automatically when you use the Company Services to monitor the usage of our Company Services, assess performance, ensure technological compatibility with your device, and understand the relative importance of the information provided on the services. We may also use this data to conduct statistical analyses on visitors’ usage patterns, such as surveying webpage duration, and other data in an aggregated and anonymous manner. We may use location information to provide features of our websites, which includes improving and customizing our services.

We may also receive information about you from third parties such as service providers, advertising and marketing partners, and public sources. We may use such information for our operational and commercial purposes, including combining such information with information we collect about you for any of the purposes described in this Privacy Policy.

We collect your information when you use and interact with the Company Services, and in some cases from third party sources. Such means of collection include:

• When you access, use, or contact us through the Company Services.

• When you voluntarily provide information through the Company Services.

• If you use a location-enabled browser, we may receive information about your location and device.

• Through cookies, web Beacons, analytics services, and other related technologies.

• From third party sources.

We may use certain tools outlined below in order to provide the Company Services, facilitate our analytics, advertise, market, and better understand how individuals use our Company Services.

• Cookies: "Cookies" are computer files transferred to your device that may contain information such as user ID, user preferences, lists of pages visited and activities conducted while using the Company Services. We use Cookies to: (i) improve and tailor the Company Services, (ii) customize advertisements, (iii) measure performance, (iv) authentication so re-entering credentials is not required, (v) customize user experiences, and for (vi) analytics and fraud prevention. For more information on Cookies, including how to control your Cookie settings and preferences, visit http://www.allaboutCookies.org. You can also manage Cookies in your web browser (for example, Edge, Explorer, Chrome, Safari). If you choose to change your settings, you may find that certain functions or features of the Company Services will not work as intended. The follow details the types of Cookies we use and why we use them:

  • Absolutely necessary Cookies. These Cookies are essential to enable you to move around a website and use its features. Without these Cookies, services you have asked for, like adding items to an online order, cannot be provided.

  • Performance Cookies. These Cookies collect information about how you use the Company Services. Information collected includes, the Internet browsers and operating systems used, the domain name of the website previously visited, the number of visits, average duration of visit, and pages viewed. These Cookies do not collect information that personally identifies you and only collect aggregated and anonymous information. Performance Cookies are used to improve the user-friendliness of a website and enhance your experience.

  • Functionality Cookies. These Cookies allow the Company Services to remember choices you make (such as your username, language preference, or the area or region you are in) and provide enhanced, more personal features. These Cookies can also be used to remember changes you have made to text size, fonts, and other customizable parts of the Company Services. The information these Cookies collect may be anonymized, and they cannot track your browsing activity on other websites.

• Web Beacons: "Web Beacons" (a.k.a. clear GIFs or pixel tags) are tiny graphic image files embedded in a web page or email that may be used to collect information about the use of the Company Services. The information collected by Web Beacons allows us to analyze how many people are using the Company Services, using selected publishers’ websites, or opening emails, and for what purpose.

• Web Service Analytics: We may use third-party analytics services in connection with the Company Services, including, for example, to register mouse clicks, mouse movements, scrolling activity and text typed into the Company Services. We use the information collected from these services to help make the Company Services easier to use and as otherwise set forth in Section 5 (How We Use Your Information). These analytics services generally do not collect personal information unless you voluntarily provide it.

• Mobile Device Identifiers: As with other tools, mobile device identifiers help us learn more about the users of our Company Services to personalize and improve our Company Services. Mobile device identifiers are data stored on mobile devices that may track activities occurring on and through it, as well as the applications installed on it. Mobile device identifiers enable the collection of information such as media access control, address, and location.

• Session Recording: We may use technologies that employ software code to record users’ interactions with the Services in a manner that allows us to watch replays of those user sessions. The replays include users’ clicks, mobile app touches, mouse movements, and scrolls and keystrokes/key touches during those sessions. These replays help us diagnose usability problems and identify areas for improvement. By using our Company Services you confirm you understand and consent to the use of these types of cookies and technologies.

We may use a type of advertising commonly known as interest-based or online behavioral advertising. This means that some of our partners use tools that collect information about your online activities across various websites to display ads to you based on your interests. Our partners may include third-party advertisers and other third-party service providers, and such partners may collect information when you use the Company Services, such as IP address, mobile device ID, operating system, and demographic information. These tools help us learn more about our users’ demographics and Internet behaviors. If you are a California resident, you can learn more about how you can opt-out of this type of advertising, often referred to as a "sale" or "sharing" of personal information under California law, by seeing "California Privacy Rights" below.

You may be able to reject Cookies and/or mobile device identifiers by activating the appropriate setting on your browser or device. Although you are not required to accept Cookies or mobile device identifiers, if you block or reject them, you may not have access to all features available through the Company Services.

• You may opt out of receiving certain Cookies by visiting the Network Advertising Initiative (NAI) opt out page or the Digital Advertising Alliance (DAA) opt out page, or by installing the DAA’s AppChoice app (for iOS; for Android) on your mobile device. When you use these opt-out features, an "opt-out" Cookie will be placed on your device indicating that you do not want to receive interest-based advertising from NAI or DAA member companies. If you delete Cookies on your device, you may need to opt out again. For information about how to opt out of interest-based advertising on mobile devices, please visit http://www.applicationprivacy.org/expressing-your-behavioral-advertising-choices-on-a-mobile-device. You will need to opt out of each browser and device for which you desire to apply these opt-out features.

• Even after opting out of behavioral advertising, you may still see Company advertisements that are not interest-based (i.e., not targeted toward you). Also, opting out does not mean that Company is no longer using certain tracking tools. Company still may collect information about your use of the Company Services even after you have opted out of Behavioral Advertising and may still serve advertisements to you via the Company Services based on information it collects through the Company Services.

• If you are a California resident, you may also have options to opt-out of the "sale" or "sharing" of your personal information. Please see "California Privacy Rights" below.

We may use your information for a variety of purposes, including:

• Providing you with the products, services, and information you request.

• Corresponding with you.

• Providing, maintaining, administering, or expanding the Company Services, performing business analyses, and for other internal purposes.

• Combining information received from third parties or collected from you based on your interactions with the Company Services with information we collect about you. We use the combined information for any of the purposes described in this Privacy Policy.

• Showing you advertisements, including interest-based or online behavioral advertising.

• Recommending certain products to you based on your location or creating email audience segments.

• Fulfilling our legal obligations, such as preventing, detecting, and investigating security incidents, fraud, and potentially illegal or prohibited activities.

• Enforcing our Privacy Policy and other agreements.

• Fraud prevention and control.

In certain circumstances, and in order to perform the Company Services, we may disclose certain information about you as described in this section:

• With your consent. We may disclose your information with your consent, which may be obtained in writing, online through "click-through" agreements, when you accept certain terms on our websites and other digital platforms, orally, or by other means.

• In a business transfer****. We may disclose or share your information as part of a corporate business transaction, such as a merger or acquisition, joint venture, corporate reorganization, financing, or sale of company assets, or in the unlikely event of insolvency, bankruptcy, or receivership, in which such information could be transferred to third parties as a business asset in the transaction.

• To non-affiliated third parties****. We may disclose or share your information with certain non-affiliated third parties to facilitate your access and use of our Company Services, and to provide us with certain business functions, including but not limited to sharing your information with business partners, suppliers, product manufacturers, shipment providers, internet service providers, advertising networks, data analytics providers, governmental entities, operating systems and platforms, social media networks, and service providers who provide us a service (e.g., customer service, auditing, marketing, debugging to identify and repair errors that impair existing intended functionality on our Company Services, and/or protecting against malicious, deceptive, fraudulent, or illegal activity).

• For Legal Process And Protection****. We may disclose or share your information to satisfy any law, regulation, legal process, governmental request, or where we have a good faith belief that access, use, preservation or disclosure of such information is reasonably necessary to: (1) enforce or apply our agreements; (2) facilitate product warranty or defect notifications; (3) protect our interests, property, or safety of others; (4) in connection with claims, disputes, or litigation; and (5) to protect our Company Services.

Although no system can guarantee the complete security of your information, we take all commercially reasonable steps to ensure your information is protected in alignment with all applicable laws and regulations, as appropriate to the sensitivity of your information.

We keep your information for as long as is necessary in accordance with the purpose for which it was collected, our business needs, and our legal and regulatory obligations. If we dispose of your information, we will do so in a way that is secure and appropriate to nature of the information subject to disposal.

The following disclosures are made pursuant to the California Consumer Privacy Act, as amended by the California Privacy Rights Act and its implementing regulations (collectively, the "CCPA").

Definitions

• Personal information. This is information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, to you or your household.

• Sensitive personal information. This is information such as your social security number, driver’s license number, state identification card, passport number, account log-in and password, financial account and password, debit or credit card number and access code, precise geolocation information, race, ethnic origin, religious or philosophical beliefs, union membership, the content of your mail, email or texts other than those communications you have with us, genetic data, biometric information, health information, or information that concerns your sex life or sexual orientation.

• Sell, sale, or sold. This means the selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or other means, your personal information to a third party for money or other valuable consideration.

• Share, shared, or sharing. This means the sharing, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or other means, your personal information to a third party for cross-context behavioral advertising, whether or not for monetary or other valuable consideration.

Your Rights

You or an authorized agent you designate on your behalf may submit the individual requests outlined below. Upon receipt, we will take reasonable steps to verify you and your authorized agent’s identity prior to responding to the request, which may include in certain circumstances you signing a declaration under penalty of perjury. If an authorized agent is submitting a request on your behalf, you must submit a copy of: (1) a written authorization demonstrating you have authorized the agent to submit a request on your behalf; and (2) provide separate proof verifying your identity.

• Right to Know. You have a have a right to request that we disclose, subject to certain exceptions, information concerning: (1) the categories of personal information we have collected from or about you; (2) the categories of sources from which we have collected that personal information, and the business or commercial purpose for the collection; (3) the categories of third parties with whom we have shared, sold, or disclosed your personal information, including the business or commercial purpose for said sharing, selling, or disclosure; and (4) specific pieces of your personal information, subject to appropriate exceptions.

• Right to Delete. You have a right to request that we delete your personal information, subject to certain exceptions.

• Right to Correct. You have a right to request that we correct your personal information, subject to certain exceptions.

• Right to Opt-Out of the Sale or Sharing of Personal Information. Certain of our online tracking technologies may be considered a "sale" or a "share" of your information to third parties under the CCPA. Visitors to our websites can therefore opt-out of being tracked by these technologies by sending an e-mail to privacy@intheswim.com or submitting a form here. We have no actual knowledge that we sell the personal information of California residents who are under 16 years of age. You may also opt-out by using an opt-out preference signal, such as the Global Privacy Control (GPC) on your browser. To download and use a browser supporting the GPC, you may click here. If you choose the GPC signal, you will need to turn it on for each supported browser or browser extension you use.

• Right to Non-Discrimination. You have a right to exercise the above rights without being discriminated against under the CCPA.

• Exercising Your Rights. To submit a request, you may send an e-mail to privacy@intheswim.com or submit a form here. You may also designate an authorized agent to submit a request on your behalf by sending an e-mail with written proof of such authorization to privacy@intheswim.com.

• Responding To Requests. Once you have submitted your request, we will respond within the time frame permitted by applicable law.

Notice of Collection

• To learn more about the categories of personal information we collect about California residents, please see "Information We Collect From And About You", "Information We Automatically Collect When You Use Our Services", "Information We Collect From Third Parties", "How We Collect Your Information", "Cookies And Related Technologies" above.

• To learn more about how we use those categories of personal information, please see "How We Use Your Information" above.

• To learn more about how we disclose categories of personal information, and the categories of third parties with whom we disclose such information, please see "How We Disclose Your Information" above.

• To learn more about how long we keep your information, please see "How Long Do We Keep Your Information?" above.

Notice of Disclosure for a Business Purpose

To learn more about the categories personal information we have disclosed for a business purpose, and the categories of third parties with whom we’ve disclosed such information, please see "How We Disclose Your Information" above.

Notice of Sale or Sharing of Personal Information

Certain of our online tracking technologies may be considered a "sale" or a "share" of your information to third parties under the CCPA. The categories of personal information we may "sell" or "share" in these circumstances includes your IP address, persistent online identifiers, ad identifiers, similar information about your devices and browsers, and information about your engagement with our websites, products, and communications. We have no actual knowledge that we sell the personal information of California residents who are under 16 years of age.

Notice of Use of Sensitive Personal Information

We do not use California resident sensitive personal information for any purpose other than is permissible under the CCPA. Specifically, we do not use sensitive personal information of California residents to derive characteristics about California residents.

Our Services may contain links to other websites or to third-party applications. We are not responsible for the privacy policies or practices of such other sites. When you leave our Services to visit another website or application, please read the privacy statements of websites that may collect personally identifiable information. This Privacy Policy applies solely to information collected by us through the Services and in its general business activities.

We may offer electronic newsletters and e-mails concerning available services, as well as new products and services, or may provide other marketing materials as a service to our users. Users may receive newsletters and e-mails concerning promotions and marketing of ours or of our business partners, after registering with the Services or after engaging with us in person or through our agents.

If you have received a message from us, and you no longer wish to receive such materials, you may opt-out by following the unsubscribe instructions included in each electronic newsletter and e-mail.

Please note that you may be required to separately opt out of any e-mails sent by our business associates.

We do not knowingly permit users to register for our Services if they are under 13 years old, and therefore do not request personally identifiable information from anyone under the age of 13.

If we become aware that a customer is under the age of 13 and has registered without prior verifiable parental consent, we will remove his or her personally identifiable registration information from our files. If you are the parent or guardian of a person under the age of 13 who has provided personally identifiable information to us without your approval, please inform us by contacting us at the e-mail address below and we will remove such information from our database.

We reserve the right to update this Privacy Policy at any time, and we will provide you with a new Privacy Policy when we make any updates. If we would like to use your previously collected personal data for different purposes than those we notified you about at the time of collection, we will provide you with notice and, where required by law, seek your consent, before using your personal data for a new or unrelated purpose. We may process your personal data without your knowledge or consent only where required by applicable law or regulation.

If you have any questions or comments about this Privacy Policy, the ways in which we collect and use your information described in this policy your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us:

By Mail:

In The Swim

320 Industrial Drive

West Chicago, IL 60185

Attn: Security and Compliance Officer

By Phone:

1-800-288-7946

Visiting Our Site:

In The Swim

By Email:

privacy@intheswim.com