GDPR, Policies, Agreements and Information
Website Use Agreement
GDPR, Policies, Agreements and Information
Photo Release Authorization
I authorize the use and reproduction of any and all photographs, digital pictures, and any other visual or audio materials taken of me by this company, Swimaginary, Swim Surge, Geechee Beach, LLC, and its direct affiliates for promotional material, educational activities, exhibitions, or for any other use for the benefit of this program.I authorize the use and reproduction of any and all photographs, digital pictures, and any other visual or audio materials taken of me by this company, Swimaginary, Swim Surge, Geechee Beach, LLC, and its direct affiliates for promotional material, educational activities, exhibitions, or for any other use for the benefit of this program.
Terms and Agreement
Release of Liability
Please read this form carefully and be aware that in registering yourself or your minor child/ward for participation in the Pop Up swim program(s), activities or events, you will be waiving and releasing all claims for injuries you or your child/ward may sustain arising out of the Pop Up swim program(s) and/or events/activities. I recognize and acknowledge that there are certain risks of physical injury to participants in the Pop Up swim program(s), activities or events, and I agree to assume the full risk of any such injuries, damages, or loss regardless of severity which I or my child/ward may sustain as a result of participating in any of the Pop Up swim program(s), activities or events. I hereby fully release and discharge Geechee Beach, LLC, Swimaginary, Swim Surge, Jones Residence, affiliate facilities and its officers, agents, family, servants and employees from any and all claims resulting from injuries, damages and losses sustained by me or my child/ward, and arising out, connected with, or in any way associated with activities of any of the Pop Up swim programs. As the legal parent or guardian, I release Geechee Beach, LLC, DBA: Swimaginary or Swim Surge, its owners, and operators from any and all liability, claims, demands, and causes of action whatsoever, arising out of or related to any loss, damage, or injury, including death, that may be sustained by the participant and/or the undersigned, while in or upon the premises or any premises under the control and supervision of Geechee Beach, LLC, DBA: Swimaginary or Swim Surge, its owners and operators or in route to or from any of said premises.
Assumption of Risk
I understand, agree, and acknowledge that there are risks inherent in sports activities conducted by Geechee Beach, LLC, DBA: Swimaginary or Swim Surge, including but not limited to paralyzing injuries, brain injuries, and death. These activities may be of a hazardous nature and/or may include activities such as swimming, diving, a variety of strenuous exercise and physical activities. With the full understanding of the facts, I state that to the best of my knowledge, my son/daughter listed has no medical, physical, or emotional health conditions, which would hinder or prevent his/her participation in Geechee Beach, LLC, DBA: Swimaginary or Swim Surge.
Indemnification by Parent/Guardian/Adult Participant
The undersigned parent/guardian/adult participant further agrees to indemnify, save and hold harmless the Released Parties from any and all claims, demands, losses, damages and liabilities for indemnities, contribution or otherwise with respect to any damage and/or injury, of any type, arising from Minor Participant’s participation in the activities. The undersigned also agrees that this Release and Waiver of Liability, Assumption of Risk and Indemnity Agreement extends to all acts of negligence by the Release and is intended to be as broad and inclusive as is permitted by the laws of the State in which the Events(s) is/are conducted and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
Full Payment is to be paid prior to the first lesson. Otherwise, unless prior arrangements with Geechee Beach, LLC, DBA: Swimaginary or Swim Surge, your spot will be lost. If there are any discrepancies or reasons that the amount cannot be paid at the designated time, negotiations must be arranged by an authorized representative Geechee Beach, LLC, DBA: Swimaginary or Swim Surge. Full Payment: Must be paid within 5 days of reserving the class for your swimmer; prior to the first lesson, event, or activity. If payment is not received in a timely manner, we will assume that the swimmer will not be in need of lessons and remove his/her name from the roster. All checks will be payable to Geechee Beach, LLC. If a payment is received and returned by the bank for insufficient funds a $25.00 charge will be applied to the account for immediate payment.
Should for any reason the client and/or the instructor need to cancel a private swim lesson, a 24-hour notice is required. Once cancellation is approved, the lesson will be made up after the original scheduled lessons have been met. If the client fails to provide a 24-hour notice, the lesson will be cancelled with no make-up provided. If the instructor fails to provide a 24-hour notice, the client will get one lesson free. There are NO refunds if you choose to cancel while already present for a lesson. In case of inclement weather, please contact your assigned instructor or representative to reschedule the lesson; with no cancellation penalty.
There should always be a legal guardian present at the time of the lesson. Failure to provide a guardian will result in the cancellation of the lesson.
Information and its use:
When purchasing our products and services, or simply signing up for our e-mail newsletter, you are required to enter personal details which may include:
Your name (or your child’s name)
Your age (or your child’s age)
Your e-mail address
Your postal address
Your phone numbers
Your debit or credit card details
We collect the information from you in order to:
Provide complete access to our website
Register as an authorized user on our website
Inform you about all the latest products, services, and other information relevant to you. All information will be delivered by e-mail.
Track your activity on our site. We may use this information in order to conduct our market research that will help us to deliver a customized service to our users. Our tracking activities do not have any impact on your surfing experience on our website and these activities are completely safe.
Stop users from posting content that is inappropriate, offensive or objectionable.
You can choose not to provide certain information, but in so choosing you may not be able to take advantage of many of our features. We use the information that you provide for such purposes as responding to your requests, customizing future experiences for you, improving our operations, and communicating with you.
You can visit our website, read materials, and browse the website’s contents without giving us any personally identifiable information. In order to provide you with the most efficient and enhanced personalized service and attention, we collect certain information automatically.
Visitors from Outside of the United States
Our website and the servers that make this website available worldwide are located in the United States. The Internet laws in the United States govern all matters relating to this website. Any information you provide in subscribing to our website or registering or ordering at our website will be transferred to the United States. By visiting our website and submitting information, you authorize this transfer, processing and use.
GENERAL DATA PROTECTION REGULATION
If you are in the European Union (EU), you have specific rights under the General Data Protection Regulation (GDPR).
If you choose to provide us with information, you may ask us at any time to delete the information, with which we will comply in a reasonably timely manner if we have not independently chosen to delete the same information prior to your request. In either case, you will be advised accordingly.
You may request a copy of any computer file compiling your information, to the extent we have collected it, and such file will be provided to you in a commercially reasonable period, if it has not been previously deleted, as noted above.
You may ask us not to process your data, or to share it with any entities that would do so. Please note, however, that there is no known sharing of any data by our company with third parties, and outside of the unlikely possibility of subpoena, other court order, or legally-compliant government investigation, no desire to do so.
If you have consented to the processing of your personal data, you may withdraw that consent at any time – though please note that processing that had occurred prior to such withdrawal would remain legal in retrospect.
The information that is asked from you is intended only to fulfill the requirements to form a contract, and no additional information gathering or processing will be required than must be for that purpose.
If you believe that our company has failed to adhere to your rights under the GDPR, you are entitled to file a complaint with the relevant supervisory authority.
Our company does not, to the extent that the term can be reasonably understood, engage in large-scale data collection or processing, and so does not have an appointed specialist Data Protection Officer or employ any representative physically located in the EU and designated as the point of contact for the EU government on these matters.
If you wish to have your information deleted, or transmitted to you in whatever form exists, simply e-mail firstname.lastname@example.org with your request.
Your Rights under the CCPA
The right to notice. You must be properly notified which categories of Personal Data are being collected and the purposes for which the Personal Data is being used.
The right to access / the right to request. The CCPA permits you to request and obtain from the Company information regarding the disclosure of your Personal Data that has been collected in the past 12 months by the Company or its subsidiaries to a third-party for the third party’s direct marketing purposes.
The right to say no to the sale of Personal Data. You also have the right to ask the Company not to sell your Personal Data to third parties. You can submit such a request by visiting our “Do Not Sell My Personal Information” section or web page.
The right to know about Your Personal Data. You have the right to request and obtain from the Company information regarding the disclosure of the following:
The categories of Personal Data collected
The sources from which the Personal Data was collected
The business or commercial purpose for collecting or selling the Personal Data
Categories of third parties with whom we share Personal Data
The specific pieces of Personal Data we collected about you
The right to delete Personal Data. You also have the right to request the deletion of your Personal Data that have been collected in the past 12 months.
The right not to be discriminated against. You have the right not to be discriminated against for exercising any of your Consumer’s rights, including by:
Denying goods or services to you
Charging different prices or rates for goods or services, including the use of discounts or other benefits or imposing penalties
Providing a different level or quality of goods or services to you
Suggesting that You will receive a different price or rate for goods or services or a different level or quality of goods or services.
Exercising Your CCPA Data Protection Rights
In order to exercise any of Your rights under the CCPA, and if you are a California resident, you can email us.
The Company will disclose and deliver the required information free of charge within 45 days of receiving your verifiable request. The time period to provide the required information may be extended once by an additional 45 days when reasonably necessary and with prior notice.
Do Not Sell My Personal Information
We do not sell personal information. However, the Service Providers we partner with (for example, our advertising partners) may use technology on the Service that “sells” personal information as defined by the CCPA law.
If you wish to opt out of the use of your personal information for interest-based advertising purposes and these potential sales as defined under CCPA law, you may do so by following the instructions below.
Please note that any opt out is specific to the browser you use. You may need to opt out on every browser that you use.
How We Collect and Use Information
When you visit our website, the information from your website is automatically gathered by our servers from your browser. The information includes your IP address, browser specifications, Internet service provider you use, pages you visit, type of platform and the number of clicks. By doing this we analyze trends and brands, prevent fraud, gather demographic info and many more. We do not share the log files and they are safe.
Web Beacons. “Web beacons” are often used together with cookies to personalize the website for our users. They are also used to collect a small amount of information about our visitors. Web beacons, that are also called “clear gifs” or “pixel tags” are actually small graphic images that are transparent. Also, the use of Web beacons is sometimes through email in order of understanding the behavior of our Users. Web beacons are not linked to any PII.
Mobile Analytics. For better understanding of the functions of our mobile software we use mobile analytics. Mobile Analytics might keep track of some information. These include how often you use the application, all the events that happen within the using of the application, the amount of usage, data about the performance of the application and where was it downloaded from. We don’t link any info that we store through mobile analytics software to any PII.
Telephone: We may contact you personally if we feel there’s some issue regarding your membership or even answer your queries. We may even call you to get some feedback about the products we offer. We may also call you to get your permission to post your success story on our website.
Email: We reserve the rights to send emails to those who signed up on our website or posted any query. We will never spam you. If you are interested in not receiving any email from us, you can always unsubscribe us. All the emails are sent by our company and we don’t share your personal details with third party sites. You may unsubscribe to any of our online e-mail updates by following the unsubscribe instructions in the body of any e-mail message. We will take commercially reasonable steps to implement your opt-out requests promptly; but you may still receive promotional information from us for up to 21 days.
Conditions of Use, Notices, and Revisions
Disclosure of Your Information
Disclosure By Law. With this you agree that we can reveal any information you provide if it is required by law, or the third-party request. Also, if we believe that the revealing is in consideration to (1) according to law, any possible orders or requests from the law enforcement or any process that is legal; (2) the protection or defending of any third party’s or GEECHEE BEACH, LLC and DBA: SWIMAGINARY’S property or rights; or (3) in case of protecting anyone’s safety, when any kind if violence is used against anyone including you.
Disclosure to Protect Abuse Victims. We have the right, but hold no obligation, to disclose
any information or content that you submitted to the Services if in our opinion, we have suspicions that such information in any case violates a third party in any form of abuse. Abuse includes the following: elder and child abuse, spousal abuse, any form of neglect or domestic violence. This information shall be revealed to authorities that are suitable with dealing with such problems. These authorities may include without limitation agencies for child protection, law enforcement agencies or even court officials. You agree and understand that we are allowed to make this kind of disclosure.
Disclosure to Trusted Third Parties by Us
If we share your non-PII with any third party, be sure that your identity will not be revealed. Sometimes we may share your non-PII with your PII with service providers that may work with us. This is done to so they can perform functions instead of us. For example, a customer care agent may need access to your information but only to perform services for you. All of these service providers will treat your information as private and confidential. All companies working for and with us must comply with our privacy policies, and are not permitted to sell your information to third parties or to use it except as authorized by us and you, or as permitted or required by law.
Disclosure to Trusted Third Parties at Your Request
Disclosure to Active Network
This website does engage in a registration process, collecting information specifically to share with Active Network at activenetwork.com. You expressly agree to the sharing of this information between this website and activenetwork.com, which is directly involved as a tool in the provision of aquatic educational services by us.
Information Transferred As a Result of Sale of Business
While developing our business there might come to the buying or selling of assets and, your PII may be found as the transferred assets. In any case, if we are required to provide your PII as one of the assets, it will be transferred to the company that required it. If this happens, you shall be timely notified to any material changes regarding your PII.
Use by Children
Although our site is used by children for educational purposes, all information regarding those children is provided by you, their parents, rather than through automatic collection from the children. Therefore, COPPA does not apply to information gathered by us. We encourage all parents to talk to their children about online safety and to monitor their children’s use of the Internet.
You have the full rights to update/modify your personal information attached to your account. You can send us an email to email@example.com . You even hold the right to inform us not to use your information for any of our advertising or marketing purposes.
Any questions about these terms may be directed through email to the support team of this website at firstname.lastname@example.org or by sending a physical inquiry to publicly shared address for GEECHEE BEACH, LLC.