Privacy Policy
Pro Swim with Kim LLC
1. INTRODUCTION
Pro Swim with Kim LLC ("Pro Swim with Kim," "Company," "we," "us," or "our") respects your privacy and is committed to protecting the personal information you share with us.
This Privacy Policy explains what information we collect, how we use it, when and with whom we share it, how we protect it, how long we keep it, and what rights and choices you have. It applies to:
- The website at https://www.proswimwithkim.com and any associated subdomains, pages, or successor sites (the "Site");
- All online courses, video lessons, memberships, digital downloads, printable materials, question-and-answer features, discussion or community areas, and other digital products or services we offer (the "Products"); and
- Our emails, forms, surveys, and other communications with you (together with the Site and Products, the "Services").
By accessing or using the Services, you acknowledge that you have read and understood this Privacy Policy. This Policy is incorporated into and forms part of our Terms and Conditions, available at https://www.proswimwithkim.com/terms-and-conditions.
If you do not agree with this Policy, please do not use the Services.
This Policy is available at http://proswimwithkim.com/privacy-policy.
2. WHO WE ARE AND HOW TO REACH US
Pro Swim with Kim LLC is a Texas limited liability company and is the controller responsible for your personal information.
Email: [email protected]
Mailing Address: 20403 Encino Ledge P.O. Box 591841 San Antonio, Texas 78259 United States
For all privacy questions, requests, and complaints, contact us at [email protected].
3. IMPORTANT NOTE ABOUT CHILDREN AND ACCOUNTS
Our Products are designed for competitive swimmers, many of whom are minors. However, our Services are sold to and intended for use by adults.
- Accounts may only be created and held by individuals aged eighteen (18) or older.
- Minors may not create an account, make a purchase, or provide personal information to us directly.
- A minor may use the Products only through the account of a parent or legal guardian, under that adult's supervision and responsibility.
We do not knowingly collect personal information directly from children under the age of 13. Where a minor uses a parent's account, any activity is attributed to the account holder, and the account holder is responsible for supervising what the minor does and submits.
See Section 12 for more detail on children's privacy, including our approach under the Children's Online Privacy Protection Act ("COPPA") and the GDPR.
4. INFORMATION WE COLLECT
4.1 Information You Provide Directly
Account and purchase information - First and last name - Email address - Billing address, where required by the payment processor - Country and, where collected, state or region - Account login credentials (stored in encrypted form by our platform provider)
Payment information - Payment card details, billing details, and transaction information are collected and processed directly by Stripe through Kajabi. We do not collect, receive, or store your full payment card number, CVV, or bank account details. We receive only limited transaction data such as the last four digits of the card, card brand, transaction amount, date, and payment status.
Communications and support - The content of emails, support requests, and contact form submissions, including your name, email address, the topic you select, and the details you describe
User-generated content - Questions, comments, and posts you or a minor using your account submit beneath lessons or in any discussion or community area - Survey and feedback responses, including any success stories you choose to share - Testimonial permissions you record
Marketing and opt-in information - Your email address and name when you request a free training, download, or other resource - Your communication preferences
4.2 Information Collected Automatically
When you use the Services, certain technical information may be collected automatically by us or by our platform providers:
- IP address and approximate location derived from it
- Browser type and version, operating system, and device type
- Referring and exit pages, and pages viewed within the Services
- Date, time, and duration of visits
- Course progress data, such as lessons started and completed
- Login times, session activity, and device or session counts
- Email engagement data, such as whether an email was opened and whether links were clicked
Some of this information is collected by Kajabi as part of operating the course platform, and by our email delivery system. See Section 6.
4.3 Cookies and Similar Technologies
The Site and course platform use cookies and similar technologies that are strictly necessary for the Services to function โ for example, to keep you logged in, maintain your session, remember your preferences, and secure your account.
We do not currently use advertising cookies, retargeting pixels, or third-party analytics tools such as Google Analytics or Meta Pixel.
We may adopt such technologies in the future. If we do, we will update this Policy, revise the "Last Updated" date, post notice on the Site, and โ where required by applicable law โ request your consent before non-essential cookies are set. Section 7 describes what those technologies would involve.
Most browsers allow you to refuse or delete cookies through their settings. Disabling strictly necessary cookies may prevent you from logging in or using the Products.
4.4 Information We Do Not Collect
For clarity, we do not collect:
- Social Security numbers, government identification numbers, or driver's license numbers
- Full payment card numbers or bank account credentials
- Health, medical, or biometric information
- Precise geolocation data
- Information from data brokers or purchased marketing lists
We ask that you do not submit sensitive personal information โ including health or medical details about a swimmer โ through comments, questions, community areas, or support requests. If you choose to do so, you do so voluntarily, and you consent to our processing it as part of responding to you.
5. HOW WE USE YOUR INFORMATION
We use personal information for the following purposes:
To provide the Services - Create and administer your account and deliver access to purchased Products - Process payments, scheduled installments, refunds, and receipts - Track course progress and deliver Product features - Authenticate logins and maintain account security
To communicate with you - Send transactional and account emails, including purchase confirmations, login details, payment notices, receipts, and service announcements - Respond to your questions, comments, support requests, and community posts - Send updates about Products you have purchased
To market our Products - Send newsletters, educational content, promotional emails, and information about new or related offerings, subject to your right to unsubscribe at any time
To improve and develop the Services - Understand which lessons and features are used and where users encounter difficulty - Use survey and feedback responses to improve existing Content and plan new Content - Diagnose technical problems and improve performance and usability
To protect our rights and enforce our Terms - Detect, investigate, and prevent unauthorized account sharing, credential misuse, piracy, fraud, and abuse - Moderate community areas and enforce conduct standards, including standards that protect minors - Investigate chargebacks and payment disputes - Establish, exercise, or defend legal claims
To comply with law - Meet tax, accounting, recordkeeping, and other legal obligations - Respond to lawful requests from public authorities
We do not sell your personal information, and we do not use it for automated decision-making that produces legal or similarly significant effects.
6. HOW WE SHARE YOUR INFORMATION
We do not sell, rent, trade, or license your personal information to third parties for their own marketing purposes.
We share personal information only in the limited circumstances described below.
6.1 Service Providers
We share information with vendors who perform services on our behalf and are permitted to use it only for that purpose:
| Provider | Purpose | Policies |
|---|---|---|
| Kajabi | Course hosting, membership delivery, account management, email delivery, community features, checkout | Terms ยท Privacy |
| Stripe | Payment processing, subscription and installment billing, fraud prevention | Services Agreement ยท Privacy |
Kajabi and Stripe process your information under their own privacy policies in addition to ours. We encourage you to review them.
Where third-party financing options such as Klarna, Afterpay, or Affirm are offered at checkout, those providers collect and process your information under their own privacy policies, and we are not responsible for their practices. Any information you provide directly to a financing provider is governed by the agreement between you and that provider.
If we engage additional service providers in the future โ for example, analytics, customer support, or email infrastructure โ we will update this Policy accordingly.
6.2 Legal and Safety Disclosures
We may disclose personal information where we believe in good faith that disclosure is necessary to:
- Comply with applicable law, regulation, subpoena, court order, or other legal process
- Respond to a lawful request from a government authority or law enforcement
- Enforce our Terms and Conditions or other agreements
- Investigate or prevent fraud, unauthorized use, piracy, or security incidents
- Protect the rights, property, or safety of Pro Swim with Kim, our users, or the public โ and in particular, to protect the safety of a minor
6.3 Business Transfers
If we are involved in a merger, acquisition, financing, reorganization, sale of assets, or bankruptcy, your information may be transferred as part of that transaction. We will notify you by email or by notice on the Site if your information becomes subject to a materially different privacy policy as a result.
6.4 With Your Consent or at Your Direction
We share information publicly or with third parties where you direct us to or consent โ for example:
- Content you post publicly. Questions, comments, and posts you make in community or discussion areas may be visible to other members and to us. Do not post information you do not wish others to see, and do not post identifying details about a minor.
- Testimonials. Where you give permission for us to use your feedback, we use it only at the level of attribution you selected โ full name, first name and last initial, anonymous, or private and internal only. We honor the choice you record. See Section 9.
6.5 Aggregated and De-Identified Information
We may create and use aggregated or de-identified information that cannot reasonably be used to identify you โ for example, the percentage of users who complete a module. This information is not personal information and may be used and shared for any lawful purpose.
7. ANALYTICS AND TRACKING โ CURRENT AND FUTURE USE
We do not currently use Google Analytics, Meta Pixel, advertising cookies, retargeting technologies, or third-party behavioral tracking.
We may adopt such tools in the future to understand how our Site and Products are used, to measure the effectiveness of our marketing, and to reach people who may be interested in our Products. If we do, those tools may collect information such as pages visited, time on page, referral source, device and browser characteristics, IP address, and interactions with our advertisements.
Before we begin using such technologies, we will:
- Update this Privacy Policy and revise the "Last Updated" date;
- Post notice of the change on the Site; and
- Where required by applicable law โ including in the European Union and United Kingdom โ obtain your consent through a cookie banner or similar mechanism before setting non-essential cookies.
If and when we use such tools, you will be able to opt out through the mechanisms described in this Policy, through your browser settings, or through provider-specific opt-outs such as the Google Analytics Opt-out Browser Add-on.
Do Not Track. Some browsers transmit "Do Not Track" signals. There is currently no accepted standard for how to respond to these signals, and we do not currently respond to them.
8. MARKETING COMMUNICATIONS AND YOUR CHOICES
8.1 What We Send
Transactional and account emails โ purchase confirmations, login credentials, payment and billing notices, responses to your questions, service announcements, and policy updates. These are a necessary part of the Services and cannot be opted out of while you maintain an account.
Marketing emails โ newsletters, educational content, tips, new Product announcements, and promotional offers.
8.2 How to Unsubscribe
You may unsubscribe from marketing emails at any time by clicking the unsubscribe link at the bottom of any marketing email, or by emailing [email protected] with "Unsubscribe" in the subject line.
Unsubscribing from marketing emails does not affect transactional or account emails, and does not close your account or affect your access to purchased Products.
We process unsubscribe requests promptly, and in all cases within ten (10) business days as required by the CAN-SPAM Act. You may receive a small number of already-queued messages during that window.
8.3 Legal Basis for Marketing
Where required by law, we send marketing emails on the basis of your consent or, where permitted, on the basis of our legitimate interest in marketing to existing customers about similar products. You may withdraw consent at any time.
9. USER SUBMISSIONS, TESTIMONIALS, AND PERMISSIONS
9.1 Community and Comment Areas
Content you post in question threads, comments, or community areas may be visible to other users and to us. We may respond publicly within the Services. Do not post personal or sensitive information, and do not post identifying information about any minor.
We may retain, moderate, edit, or remove User Submissions as described in our Terms and Conditions.
9.2 Surveys and Feedback
Where you complete a survey or provide feedback, your responses come to us and are used to improve our Products and plan new Content. Survey responses are treated as confidential and are not shared publicly except as permitted under Section 9.3.
9.3 Testimonials and Attribution
We will not use your name, your swimmer's name, your likeness, or other identifying details in external marketing without your permission.
Where we collect testimonials, you will be asked to select the level of attribution you consent to:
- Use with your full name;
- Use anonymously, such as first name and last initial, or fully anonymous; or
- Private and internal use only, with no external use whatsoever.
We honor the choice you record. You may withdraw permission for future use at any time by emailing [email protected], though we may be unable to recall materials already printed, published, or distributed in reliance on your prior permission.
10. HOW WE PROTECT YOUR INFORMATION
We maintain reasonable administrative, technical, and physical safeguards designed to protect personal information against unauthorized access, disclosure, alteration, and destruction. These include:
- Delivery of the Site and Products over encrypted connections (SSL/TLS)
- Payment processing handled entirely by PCI-DSS compliant processors, so that we never hold full card data
- Password-protected, access-controlled administrative accounts
- Limiting internal access to personal information to those who need it
- Reliance on established platform providers with their own security programs
However, no method of transmission over the internet or method of electronic storage is completely secure. While we work to protect your information, we cannot guarantee its absolute security, and any transmission is at your own risk.
You are responsible for maintaining the confidentiality of your login credentials. Sharing credentials outside your household violates our Terms and Conditions and exposes your account information to others. Notify us immediately at [email protected] if you believe your account has been compromised.
In the event of a data breach affecting your personal information, we will notify you and any applicable regulator as required by law.
11. HOW LONG WE KEEP YOUR INFORMATION
We retain personal information for as long as necessary to fulfill the purposes described in this Policy, unless a longer period is required or permitted by law.
| Category | Retention |
|---|---|
| Account information | For the life of your account, and for a reasonable period afterward to handle reactivation, disputes, and legal obligations |
| Purchase and transaction records | Generally at least seven (7) years, to meet tax, accounting, and audit obligations |
| Support and email correspondence | Typically up to three (3) years after the matter is resolved |
| Marketing contact information | Until you unsubscribe or request deletion, plus a suppression record to ensure we honor your opt-out |
| Community posts and comments | For as long as the relevant Product or community area is operated, unless removed earlier |
| Survey and feedback responses | Retained in de-identified or aggregated form indefinitely for product improvement; identifiable responses retained per your recorded permission |
When information is no longer needed, we delete it or de-identify it. Where deletion is not immediately feasible โ for example, information held in backups โ we isolate it from further processing until deletion is possible.
Note: If you unsubscribe or request deletion, we retain a minimal suppression record (typically your email address) solely to ensure we continue to honor your request. This is a legal requirement, not a marketing use.
12. CHILDREN'S PRIVACY
12.1 Our Approach
Our Services are directed to adults. Accounts may only be created by individuals aged 18 or older.
We do not knowingly collect personal information directly from children under the age of 13. We do not require or request a swimmer's name, age, birthdate, school, team, photograph, or contact information in order to purchase or use the Products.
12.2 Where a Minor Uses a Parent's Account
Where a minor uses a parent's or guardian's account:
- The account, and the personal information associated with it, belongs to the adult account holder;
- Any activity by the minor is attributed to the account holder;
- The account holder is responsible for supervising the minor's use, including anything the minor posts in comments or community areas; and
- We ask that account holders instruct minors not to post their full name, age, school, team, location, photographs, or contact information in any comment or community area.
12.3 If a Child Provides Information Directly
If we learn that we have collected personal information directly from a child under 13 without verifiable parental consent, we will delete that information promptly.
If you are a parent or guardian and believe your child has provided personal information to us, contact us immediately at [email protected] and we will take steps to delete it.
12.4 Children in the European Union and United Kingdom
Where GDPR or UK GDPR applies, the age of digital consent varies between 13 and 16 depending on the country. Because our Services are sold only to adults and accounts may only be held by adults aged 18 or older, we rely on the adult account holder's consent and act on their instructions with respect to any minor in their household.
12.5 Moderation and Safety
Because our community includes minors, we moderate community areas with particular attention to their safety. As described in our Terms and Conditions, we may remove content and terminate accounts without warning where we determine that conduct poses a risk to a minor, and we may report such conduct to law enforcement.
13. YOUR PRIVACY RIGHTS AND HOW TO EXERCISE THEM
13.1 Rights Available to All Users
Regardless of where you live, you may ask us to:
- Access โ provide a copy of the personal information we hold about you
- Correct โ update or fix inaccurate or incomplete information
- Delete โ erase your personal information, subject to the exceptions below
- Unsubscribe โ stop sending you marketing communications
- Object or restrict โ limit certain uses of your information
13.2 How to Make a Request
Email [email protected] from the email address associated with your account, describing what you would like us to do.
Verification. To protect your information, we will take reasonable steps to verify your identity before acting โ usually by confirming that the request comes from the email address on the account. We may ask for additional information where a request is broad or where the identity of the requester is unclear.
Timing. We respond to requests within thirty (30) days, or within any shorter or longer period required by applicable law. Where a request is complex, we may extend that period and will tell you if we do.
Cost. Requests are free. We may charge a reasonable fee or decline to act where a request is manifestly unfounded, excessive, or repetitive, and we will explain our reasoning if that occurs.
Authorized agents. You may use an authorized agent to submit a request. We may require written proof of authorization and may require you to verify your own identity directly.
No discrimination. We will not deny you Services, charge you a different price, or provide a different level of service because you exercised a privacy right.
13.3 Important Note About Deletion
Deleting your personal information generally requires closing your account, which means losing access to any Products you have purchased. We cannot maintain your course access without retaining the information that identifies your account.
Deletion does not entitle you to a refund, and it does not cancel any outstanding payment obligation under a payment plan.
We may also retain certain information after a deletion request where necessary to: comply with legal, tax, or accounting obligations; complete a transaction you requested; detect and prevent fraud or security incidents; enforce our Terms; establish, exercise, or defend legal claims; or honor your unsubscribe request through a suppression list.
13.4 Residents of California
If you are a California resident, the California Consumer Privacy Act, as amended by the CPRA, gives you the rights to know, delete, correct, opt out of sale or sharing, and limit the use of sensitive personal information, in addition to the right not to be discriminated against.
We do not sell your personal information and we do not share it for cross-context behavioral advertising, as those terms are defined under California law. We do not collect sensitive personal information as defined by the CCPA. We have not sold or shared personal information in the preceding twelve months.
The categories of information we collect, the purposes for which we use them, and the parties with whom we share them are described in Sections 4, 5, and 6.
California's "Shine the Light" law permits residents to request information about disclosure of personal information to third parties for direct marketing purposes. We do not make such disclosures.
To exercise any California right, email [email protected].
13.5 Residents of Other U.S. States
Residents of states with comprehensive privacy laws โ including Texas, Virginia, Colorado, Connecticut, Utah, Oregon, Montana, and others as those laws take effect โ have rights similar to those described above, including access, correction, deletion, portability, and opting out of targeted advertising, sale, and profiling.
We do not engage in targeted advertising, sale of personal data, or profiling that produces legal or similarly significant effects.
Texas residents: Under the Texas Data Privacy and Security Act, you may exercise these rights by emailing [email protected]. If we decline to act on your request, you may appeal that decision by replying to our response. We will respond to an appeal within sixty (60) days. If your appeal is denied, you may submit a complaint to the Texas Attorney General at https://www.texasattorneygeneral.gov.
13.6 Residents of the European Economic Area, United Kingdom, and Switzerland
If you are located in the EEA, UK, or Switzerland, you have the following rights under the GDPR and UK GDPR:
- Access to your personal data and information about how it is processed
- Rectification of inaccurate or incomplete data
- Erasure ("right to be forgotten"), subject to legal exceptions
- Restriction of processing in certain circumstances
- Data portability โ to receive your data in a structured, commonly used, machine-readable format
- Objection to processing based on legitimate interests, and to direct marketing at any time
- Withdrawal of consent at any time, without affecting processing carried out before withdrawal
- The right to lodge a complaint with your local supervisory authority
Our lawful bases for processing:
| Purpose | Lawful basis |
|---|---|
| Delivering Products and administering your account | Performance of a contract |
| Processing payments and installments | Performance of a contract |
| Transactional and account emails | Performance of a contract |
| Marketing emails | Consent, or legitimate interest in marketing to existing customers |
| Improving Products and understanding usage | Legitimate interests |
| Preventing fraud, piracy, and unauthorized access | Legitimate interests |
| Moderating community areas and protecting minors | Legitimate interests |
| Tax, accounting, and recordkeeping | Legal obligation |
| Establishing or defending legal claims | Legitimate interests |
International transfers. We are based in the United States, and your information is transferred to and processed in the United States, which may not provide the same level of data protection as your home country. Where we transfer personal data out of the EEA or UK, we rely on appropriate safeguards, including Standard Contractual Clauses approved by the European Commission and the UK International Data Transfer Addendum, as implemented by our service providers. You may request information about these safeguards at [email protected].
To exercise any of these rights, email [email protected].
13.7 Residents of Canada
If you are in Canada, you have rights of access and correction under PIPEDA and applicable provincial legislation. We obtain consent for the collection, use, and disclosure of personal information as required, and you may withdraw consent subject to legal and contractual restrictions. Contact [email protected] to exercise these rights or to raise a concern.
14. THIRD-PARTY LINKS AND SERVICES
The Services may contain links to third-party websites, platforms, applications, or resources that we do not own or control. This Privacy Policy does not apply to those third parties. We are not responsible for their content, privacy practices, or security.
We encourage you to review the privacy policy of any third-party site or service before providing personal information to it.
Where our Products are accessed through a third-party mobile application, the application provider and the relevant app store may collect information under their own policies.
15. CHANGES TO THIS PRIVACY POLICY
We may update this Privacy Policy at any time to reflect changes in our practices, the Services, technology, or legal requirements.
When we do:
- We will revise the "Last Updated" date at the top of this Policy;
- We will post notice of the update on the Site; and
- For material changes โ including any decision to begin using analytics, advertising, or tracking technologies, or to share information with new categories of third parties โ we will provide more prominent notice and, where required by law, obtain your consent before the change takes effect.
Your continued use of the Services after an updated Policy is posted constitutes acceptance of the revised Policy. If you do not agree, you should stop using the Services and may close your account.
We encourage you to review this Policy periodically. The version posted at http://proswimwithkim.com/privacy-policy at any given time is the version in effect.
16. CONTACT US
Questions, requests, and complaints about this Privacy Policy or our handling of your personal information should be directed to:
Pro Swim with Kim LLC
Email: [email protected]
Mailing Address: 20403 Encino Ledge P.O. Box 591841 San Antonio, Texas 78259 United States
Website: https://www.proswimwithkim.com Privacy Policy: http://proswimwithkim.com/privacy-policy Terms and Conditions: https://www.proswimwithkim.com/terms-and-conditions
We aim to respond to all privacy inquiries within thirty (30) days.
If you are in the EEA or UK and are not satisfied with our response, you have the right to lodge a complaint with your local data protection supervisory authority. If you are a Texas resident and we decline your request, you may appeal as described in Section 13.5.
17. ACKNOWLEDGMENT
BY USING THE SERVICES, YOU ACKNOWLEDGE THAT:
- You have read and understood this Privacy Policy;
- You are at least 18 years of age and are the holder of any account you create;
- If a minor uses the Products through your account, you are responsible for supervising their use and for anything they submit;
- You consent to the collection, use, and disclosure of your personal information as described in this Policy; and
- You understand that your information will be transferred to and processed in the United States.
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