Last Updated: 23 June 2022

Form Athletica Inc. (“Form Athletica”, “we”, “us” or “our”) is committed to protecting your privacy and safeguarding your personal information. The purpose of this Privacy Statement is to inform you about our privacy practices, including how we collect, use and disclose your personal information.

This Privacy Statement relates to all of our activities, including our website located at https://www.formswim.com and related websites (collectively, the “Website”) as well as our App FORM Swim and related platforms (collectively, the “App”), unless we have provided you with a separate privacy policy for a particular product, service or activity.

Please review this Privacy Statement carefully. By submitting your personal information to us, by registering for or using any of the services we offer, by using our website, or by voluntarily interacting with us, you consent to our collecting, using and disclosing your personal information as set out in this Privacy Statement, as revised from time to time.

This Privacy Statement is incorporated into, and is subject to, our other applicable terms & conditions. Capitalized terms used but not defined in this Privacy Statement have the meaning given to them in these documents.

WHAT’S IN THIS PRIVACY STATEMENT?

Meaning of Personal Information

Your Consent to Collection, Use and Disclosure

Personal Information We Collect

How We Use Your Personal Information

How We Share Your Personal Information

Opting Out of Communications

Retention of Personal Information

Information Security

Rights Regarding Your Personal Information

International Transfer and Storage of Information

Third Party Websites and Services

Children’s Information

Privacy Statement Updates

Contact Us

MEANING OF PERSONAL INFORMATION

“Personal information” means information about an identifiable individual. This information may include, but is not limited to, your name, email address, gender, age, height, weight, bio, profile photo, city, country, swim club, contacts, password.

Subject to applicable laws, personal information does not include any business contact information that is solely used to communicate with you in relation to your employment, business or profession, such as your name, position name or title, work address, work telephone number, work fax number or work electronic address.

Personal information also does not include information that has been anonymized or aggregated in such a way that there is no possibility it can be used to identify an individual, whether on its own or in combination with other information.

YOUR CONSENT TO COLLECTION, USE AND DISCLOSURE

We collect, use and disclose your personal information with your consent or as permitted or required by law. For example, where we are not relying on your consent, under the General Data Protection Regulation (“GDPR”), the legal basis for our processing of personal information may be that the processing is necessary for providing our products or services and that the processing is carried out in our legitimate interests, which are further explained below. How we obtain your consent (i.e. the form we use) will depend on the circumstances, as well as the sensitivity of the information collected. Subject to applicable laws, your consent may be express or implied, depending on the circumstances and the sensitivity of the personal information in question. If you choose to provide personal information to us, we assume that you consent to the collection, use and disclosure of your personal information as outlined in this Privacy Statement.

Typically, we will seek your consent at the time your personal information is collected. Where we want to use your personal information for a purpose not previously identified to you at the time of collection, we will seek your consent prior to our use of such information for this new purpose.

You may withdraw your consent to our collection, use or disclosure of your personal information at any time by contacting us using the contact information in the “Contact Us” section below. However, before we implement the withdrawal of consent, we may require proof of your identity. In some cases, withdrawal of your consent may mean that we will no longer be able to provide certain products or services.

If you provide personal information about another individual to us, it is your responsibility to obtain the consent of that individual to enable us to collect, use and disclose his or her information as described in this Privacy Statement.

PERSONAL INFORMATION WE COLLECT

The personal information we collect is generally in one or more of the following categories.

• App. When you access, visit or use our App, we may collect the following information:
  • Information Submitted By You: we may collect information that you submit through your use of our App, including information you provide in connection with the creation and management of your account for our products or services, such as your name, e-mail address and other contact information and password, as well as information you provide in connection with you bio, such as your gender, date of birth, weight and height.
  • Information Collected Via The App: depending on your device, our App may request certain permissions that allow it to access your device data. By default, you must grant these permissions before the respective information can be accessed. Once the permission has been given, you can revoke it at any time and it is your responsibility to monitor/adjust them in accordance with your preferences. In order to revoke these permissions, you may refer to the device settings. The exact procedure for controlling app permissions may be dependent on your device and software. Please note that the revoking of such permissions might impact the proper functioning of the App. Your information may be collected by the App if you grant any of the following permissions: photos, cameras, location.
  • Information Automatically Collected: we may collect log data and usage information relating to your use of our App and related products and services. We may also collect and/or infer your general location information such as city, state, or geographic area based on your IP address.
• Website. When you access, visit or use our Website, we may collect the following information:
  • Mailing List: we may collect your e-mail address and other information that you submit when you sign-up to receive updates about our products and services and other communications from us on our Website.
  • Information Automatically Collected: we may employ browser cookies or similar technologies to identify the computer, mobile device, and record your preferences and other data. We use browser cookies or similar technologies to evaluate how our products and services, devices or applications are used and to provide continuous improvement to our products, services and applications, to make recommendations, and to complete transactions you request. Cookies or similar technologies may be stored locally on mobile devices or on computer servers operated or controlled by our third-party service providers. In addition, when you visit our Website, our systems automatically collect your IP address and the type of browser that you use. We may collect and/or infer your general location information such as city, state, or geographic area from your IP address. We may employ third party service providers to place advertisements about our products, services and applications on other websites. The use of cookies or other similar technologies by such third parties is governed by their privacy policies. You may limit the automatic collection of certain information on our Website by disabling the cookies using your browser options. Please be aware that disabling cookies may prevent you from using specific features on our Website. For more information, please consult our Cookie Policy, which forms part of this Privacy Statement.
• Other Interactions. For individuals who otherwise interact with us, whether in person, by phone or email, through social media or otherwise, including individuals who might be interested in acquiring our products and services, who sign-up to receive communications, or who respond to surveys and questionnaires, we may collect information that you provide to us during these interactions. This information may include your name, e-mail address and other contact information.
• Other Sources. We may obtain information, including personal information, from third parties and sources other than our products and services, such as our partners, third party service providers or advertisers. If we combine or associate information from other sources with personal information that we collect through our products and services, we will treat the combined information as personal information in accordance with this Privacy Statement.

We do not collect payment card information. If you make an online payment using a payment card, such as a credit card or debit card, you are connected directly to our online payment processing service provider and your payment card information is collected and processed by that service provider.

We will not request any sensitive personal information such as your race, religion, or sexual orientation. Please do not send us such sensitive personal information by any means.

HOW WE USE YOUR PERSONAL INFORMATION

We may use your personal information and other information for the following purposes. In each case, we identify the ground that we rely on to use your personal information under the GDPR:

• to provide you with our products and services and to support your use of our products and services. Applicable legal ground: contract performance;
• to contact you relating to our products and services. Applicable legal ground: consent;
• to monitor and improve our products and services, and to develop new products and services. Applicable legal ground: legitimate interests;
• to analyze the needs and activities of our customers to help us better serve them. Applicable legal ground: legitimate interests;
• to conduct research and analysis related to our business, products and services. Applicable legal ground: legitimate interests;
• to collect opinions and comments in regard to our products and services. Applicable legal ground: legitimate interests;
• to provide you with information that we think may interest you, including in regards to our products and services. Applicable legal ground: consent; and
• to investigate legal claims or comply with our legal obligations. Applicable legal ground: legal obligations.

We may use your personal information and other information for purposes for which we have obtained your consent, and for such other purposes as may be permitted or required by applicable law.

HOW WE SHARE YOUR PERSONAL INFORMATION

Although we try to avoid sharing your personal information with third parties where possible, we have set out below the instances in which such sharing may occur.

We may use and disclose your information when we believe such use or disclosure is permitted, necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities, including public and government authorities outside your country of residence; (d) to enforce the terms of the agreements for our products and services; (e) to protect our operations or those of any of our affiliates or subsidiaries; (f) to protect our rights, privacy, safety or property, and/or those of our affiliates, you or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain. In addition, we may transfer your personal information and other information to a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, brands, affiliates, subsidiaries or other assets.

We also rely on third party service providers to perform a variety of services on our behalf. Please find below a list of our third-party service providers which may process your personal information (with links to their data/privacy policies):

• AfterShip. We use AfterShip for shipment tracking. See more about AfterShip’s privacy policy: https://www.aftership.com/legal/privacy
• AWS. We use AWS for hosting services. See more about AWS’ data/privacy policies: https://aws.amazon.com/privacy/
• Delighted. We use Delighted to conduct surveys with our customers. See more about Delighted's privacy policies: https://app.delighted.com/privacy
• Firebase/Crashlytics. We use Firebase/Crashlytics to analyze logs and crash reporting. See more about Firebase/Crashlytics’ data/privacy policies: https://policies.google.com/privacy
• GEODIS. We use GEODIS as a distribution company that offers custom e-commerce. See more about GEODIS’s data/privacy policies: https://geodis.com/privacy
• Google Analytics. We use Google Analytics to personalize advertisements and track and report traffic to maximize adequate search results. See more about Google Analytics’ data/privacy policies: https://policies.google.com/privacy
• Hotjar. We use Hotjar to increase an app or website’s performance. See more about Hotjar’s data/privacy policies: https://www.hotjar.com/legal/policies/privacy
• Klaviyo. We use Klaviyo for email delivery services. See more about Klaviyo’s data/privacy policies: https://www.klaviyo.com/privacy
• Logz.io. We use logz.io to collect and analyze data using a cloud platform. See more about logz.io’s data/privacy policies: https://logz.io/about-us/privacy-policy/
• Microsoft Clarity. We improve our products and advertising by using Microsoft Clarity to see how you use our website. By using our site, you agree that we and Microsoft can collect and use this data. See more about Microsoft’s data/privacy policies: https://privacy.microsoft.com/en-US/privacystatement
• RedShift. We use RedShift to cluster data and safely share it from one IT infrastructure to another. See more about RedShift’s data/privacy policies: https://aws.amazon.com/privacy/
• Recharge. We use Recharge to collect and process information for payments and online sales. See more about Recharge’s data/privacy policies: https://rechargepayments.com/privacy-policy/
• Segment. We use Segment to track errors and quality issues. See more about Segment’s data/privacy policies: https://segment.com/docs/legal/privacy/
• Shipmonk. We use Shipmonk as a distribution company that offers custom e-commerce. See more about Shipmonk’s data/privacy policies: https://www.shipmonk.com/privacy
• Shopify. We use Shopify to collect and process information for payments and online sales. See more about Shopify’s data/privacy policies: https://www.shopify.com/legal/privacy
• Stamped. We use Stamped as a review platform. See more about Stamped’s data/privacy policies: https://stamped.io/privacy
• Zendesk. We use Zendesk for customer support services. See more about Zendesk’s data/privacy policies: https://www.zendesk.com/company/customers-partners/privacy-policy/

If we provide your information to third party service providers, we take reasonable measures to ensure that the rules set forth in this Privacy Statement are complied with and these third parties provide sufficient guarantees to implement appropriate security measures. We also require that they only use your personal information for the limited purposes for which it is provided. When our service providers no longer need your personal information for those limited purposes, we require that they dispose of the personal information. In some circumstances, we may permit our service providers to retain aggregated, anonymized or statistical information that does not identify you. We do not authorize the service providers to disclose your personal information to unauthorized parties or to use your personal information for their direct marketing purposes. If you would like more information about our service providers, please contact us using the contact information in the “Contact Us” section below.

If we otherwise intend to disclose your personal information to a third party, we will identify that third party and the purpose for the disclosure, and obtain your consent.

OPTING OUT OF COMMUNICATIONS

If you no longer want to receive marketing-related emails from us, you may opt-out of receiving marketing-related emails by clicking the “unsubscribe” link at the bottom of any email you receive from us, or, if you created an online account when you registered to receive our emails, you may log-in to your account and make changes to your communication preferences. You may also opt-out by contacting us directly using the contact information in the “Contact Us” section below.

We will endeavour to respond to your opt-out request promptly, but we ask that you please allow us a reasonable time to process your request. Please note that if you opt-out from receiving marketing-related emails, we may still need to send you communications about your use of our products or services, or other matters.

RETENTION OF PERSONAL INFORMATION

We will use, disclose or retain your personal information only for as long as necessary to fulfill the purposes for which that personal information was collected and as permitted or required by law. If you would like further information regarding the periods for which your personal information will be retained, please contact us as set forth in the “Contact Us” section below.

INFORMATION SECURITY

We have implemented physical, organizational, contractual and technological security measures with a view to protecting your personal information and other information from loss or theft, unauthorized access, disclosure, copying, use or modification. We have taken steps to ensure that the only personnel who are granted access to your personal information are those with a business ‘need-to-know’ or whose duties reasonably require such information.

Despite the measure outlined above, no method of information transmission or information storage is 100% secure or error-free, so we unfortunately cannot guarantee absolute security. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any information that you provided to us has been compromised), please contact us immediately using the contact information in the “Contact Us” section below. If we learn of a security breach involving your personal information, we will inform you and the relevant authorities of the occurrence of the breach as required under applicable law.

RIGHTS REGARDING YOUR PERSONAL INFORMATION

Under certain circumstances and in accordance with the GDPR or other applicable data protection laws, an individual has the following rights:

• Access: entitled to ask if we are processing information and, if we are, request access to personal information. This enables the individual to receive a copy of the personal information we hold and certain other information about him or her;
• Correction: entitled to request that any incomplete or inaccurate personal information we hold be corrected;
• Erasure: entitled to ask us to delete or remove personal information in certain circumstances. There are certain exceptions where we may refuse a request for erasure, for example, where the personal information is required for compliance with law or in connection with claims;
• Restriction: entitled to ask us to suspend the processing of certain personal information, for example to establish its accuracy or the reason for processing it;
• Transfer: request the transfer of certain personal information to another party;
• Objection: one may challenge when we are processing personal information based on a legitimate interest (or those of a third party) or for direct marketing purposes. However, we may be entitled to continue processing information;
• Automated decisions: contest any automated decision made where this has a legal or similar significant effect and ask for it to be reconsidered; and
• Consent: where we are processing personal information with consent, withdrawal of consent.

You also have a right to make a complaint with a data protection supervisory authority, in particular in the country/province/state where you normally reside, where we are based or where an alleged infringement of data protection law has taken place.

To exercise any of these rights, please contact us as set forth in the “Contact Us” section below. Please note that we may require that you provide appropriate identification to fulfill your request. Any such identifying information will be used only for this purpose.

INTERNATIONAL TRANSFER AND STORAGE OF INFORMATION

Your personal information may be stored and processed in any country where we have facilities, including the United States and Canada, or in which we engage third party service providers. As a result, your personal information may be transferred to countries outside your country of residence, which may have different data protection rules than in your country. While such information is outside of your country, it is subject to the laws of the country in which it is located, and may be subject to disclosure to the governments, courts or law enforcement or regulatory agencies of such other country, pursuant to the laws of such country. However, our practices regarding your personal information will at all times continue to be governed by this Privacy Statement and, if applicable, we will comply with GDPR requirements providing adequate protection for the transfer of personal information from the EU/EEA to a third country.

THIRD PARTY WEBSITES AND SERVICES

This Privacy Statement applies only to our products and services. This Privacy Statement does not extend to any websites or products or services provided by third parties. We do not assume responsibility for the privacy practices of such third parties, and we encourage you to review all third party privacy policies prior to using third party websites or products or services.

CHILDREN’S INFORMATION

We do not knowingly collect personal information from children under the age of 16 in the EU member states, or under the age of consent determined by the user’s country of residence, and 13 in non EU countries. If you are under this age, you should not provide us with your personal information. If you are a parent or guardian and discover that your child under the age(s) stated above has provided personal information, then you may alert us as set forth in the “Contact Us” section below and request that we delete that child’s personal information from our systems.

PRIVACY STATEMENT UPDATES

This Privacy Statement is current as of the “updated” date which appears at the top of this page. We may modify this Privacy Statement from time to time. When changes are made to this Privacy Statement they will become immediately effective when published in a revised Privacy Statement posted on our website unless otherwise noted. We may also communicate the changes through our services or by other means. By submitting your personal information to us, by registering for or using any of the services we offer, by using our website, or by voluntarily interacting with us after we publish or communicate a notice about the changes to this Privacy Statement, you consent to our collecting, using and disclosing your personal information as set out in the revised Privacy Statement.

CONTACT US

All comments, questions, concerns, request or complaints regarding your personal information or our privacy practices (including with respect to any service providers outside of your country of residence) should be sent to our Privacy Officer as follows:

By email: privacy@formswim.com