Policy version: 28 August 2023.

WildSwim for IOS and Andriod (the app) is provided by Renfree Barons (‘we’, ‘our’ or ‘us’).

We take your privacy very seriously. Please read this privacy policy carefully as it contains important information on who we are and how and why we collect, store, use and share any information relating to you (your information).

It also explains your rights in relation to your information and how to contact us or the relevant regulator in the event you have a complaint. Our collection, storage, use and sharing of your information is regulated by law, including under the GDPR and UK General Data Protection Regulation (UK GDPR).

We are the controller of your information obtained via the app, meaning we are the organisation legally responsible for deciding how and for what purposes it is used.

If you are aged under 18 you must not use the app as it is not designed for you. We do not intend to collect the information of anyone under 18. If you are aware that any information of anyone under 18 has been shared with the app, please let us know so that we can delete that data.

If you are aged over 18 you may use the app. This version of our privacy policy is primarily written for adults.

This privacy policy is divided into the following sections:

What this policy applies to
Information we collect about you
Location services/data
Use of the camera on your device for augmented reality
How your information is collected
How and why we use your information
Marketing
Who we share your information with
How long your information will be kept
Transferring your information out of the UK
Your rights
Keeping your information secure
How to complain
Changes to this privacy policy
How to contact us

What this policy applies to:

This privacy policy relates to your use of the app only.

Information we collect about you:

The information we collect about you depends on the particular activities carried out through the app. We will collect and use the following information about you:

Category of data	In more detail
Identity and account data you input into the app	—your chosen display name and email address. —your status as a premium or non-premium user. —your account details, such as username and password.
Data collected when you use specific functions in the app	—data you store online with us using the app including your reviews of swim spots (while such data may not always be protected by the UK GDPR we will assume it is and treat it in accordance with this policy)
Data collected when you permit the collection of location data	—details of your location with a high degree of precision, see the section ‘Location services/data’ below
Other data the app collects automatically when you use it	—your activities on, and use of, the app which reveal your preferences, interests or manner of use of the app and the times of use

You must provide that information unless we tell you that you have a choice.

Sometimes you can choose if you want to give us your information and let us use it. Where that is the case we will tell you and give you the choice before you give the information to us. We will also tell you whether declining to share the information will have any effect on your use of the app.

We collect and use your information for the purposes described in the section ‘How and why we use your information’ below.

Location services/data:

The app will request your consent to use location services to precisely identify your location each session (ie each time the app is opened or has been placed in the background). We require access to that data in order to display the swim spots closest to your position or in the case of android users, to use the search function on the map screen.

If you do not provide your consent, you may use the app but that will mean the app can’t automatically or when prompted locate your position and show it on the map. To withdraw your consent at any time you must make the change in the settings section of your device (that will not affect the lawfulness of our use of that data in reliance on the consent before it was withdrawn).

We will not process your location data other than as strictly required to enable the display of your local swim spots and in the case of android users, to use the search function which the map screen offers.

The location services in the app will not operate unless location services/data are generally enabled on your device. You may disable such functionality at any time by references to device settings. When you allow your device to use location services/data, data will also be collected by Apple or Google in accordance with theirprivacy policies.

How your information is collected:

We collect information from you directly when you input it into the app or indirectly, such as your activity while using the app.

How and why we use your information:

Under data protection law, we can only use your information if we have a proper reason, eg:

where you have given consent
to comply with our legal and regulatory obligations
for the performance of a contract with you or to take steps at your request before entering into a contract, or
for our legitimate interests or those of a third party

A legitimate interest is when we have a business or commercial reason to use your information, so long as this is not overridden by your own rights and interests. We will carry out an assessment when relying on legitimate interests, to balance our interests against your own. You can obtain details of this assessment by contacting us (see ‘How to contact us’ below).

The table below explains what we use your information for and why.

What we use your information for	Our reasons
Create and manage your account with us	For our legitimate interests, ie to be as efficient as we can so we can deliver the best service to you.
Providing the functionalities of the app to you	Depending on the circumstances: —to perform our contract with you or to take steps at your request before entering into a contract —for our legitimate interests, ie to be as efficient as we can so we can deliver the best service to you. In relation to the display of your position we will use data relating to your location only based on your consent as described in ‘Location services/data’ (above)
Conducting checks to identify you and verify your identity or otherwise to help prevent and detect fraud against you or us	For our legitimate interests, ie to minimise the risk of account or identity theft or fraud that could be damaging for you, a third party or us.
To enforce legal rights or defend or undertake legal proceedings	Depending on the circumstances: —to comply with our legal and regulatory obligations —in other cases, for our legitimate interests, ie to protect our business, interests and rights
Communications with you not related to marketing, including about changes to our terms or policies or changes to the app or service or other important notices	Depending on the circumstances: —to comply with our legal and regulatory obligations —in other cases, for our legitimate interests, ie to provide the best service to you
Protect the security of systems and data used to provide the app and its services	To comply with our legal and regulatory obligations We may also use your information to ensure the security of systems and data to a standard that goes beyond our legal obligations, and in those cases our reasons are for our legitimate interests, ie to protect systems and data and to prevent and detect criminal activity that could be damaging for you and/or us
Operational reasons, such as improving efficiency, training and quality control or to provide support to you	For our legitimate interests, ie to be as efficient as we can so we can deliver the best service to you
Statistical analysis to help us understand our customer base	For our legitimate interests, ie to be as efficient as we can so we can deliver the best service to you
Updating and enhancing customer records	Depending on the circumstances: —to perform our contract with you or to take steps at your request before entering into a contract —to comply with our legal and regulatory obligations —where neither of the above apply, for our legitimate interests, eg making sure that we can keep in touch with our customers about existing orders and new products
Disclosures and other activities necessary to comply with legal and regulatory obligations, eg to record and demonstrate evidence of your consent to our use of your information where relevant.	To comply with our legal and regulatory obligations
Marketing our services to existing and former customers	For our legitimate interests, ie to promote our business to existing and former customers See ‘Marketing’ below for further information.

How and why we use your information—in more detail

Purpose	Processing operation	Lawful basis relied on under the UK GDPR	Relevant categories of your information
Communications with you not related to marketing, including about changes to our terms or policies or changes to the products or other important notices	Addressing and sending communications to you as required by data protection laws, ie: the UK GDPR or Data Protection Act 2018	Processing is necessary for compliance with a legal obligation to which we are subject (Article 6(1)(b))	—your display name, and email address telephone —your account details (username)
	Addressing and sending communications to you about changes to our terms or policies or changes to the products or other important notices	Our legitimate interests (Article 6(1)(f)), which is to be as efficient as we can so we can deliver the best service to you	—your name, address and contact information, including email address and telephone number [and company details] —your account details (username)

How and why we use your information—sharing

See ‘Who we share your information with’ for further information on the steps we will take to protect your information where we need to share it with others.

Marketing

We will use your information to send you updates (by email) about our services, including exclusive offers, promotions or new services.

We have a legitimate interest in using your information for marketing purposes (see above ‘How and why we use your information’). This means we do not need your consent to send you marketing information. If we change our marketing approach in the future so that consent is needed, we will ask for this separately and clearly.

You have the right to opt out of receiving marketing communications at any time by:

contacting us at wildswimapp@gmail.com
using the ‘unsubscribe’ link in emails

We will always treat your information with the utmost respect and never sell OR share it with other organisations for marketing purposes.

For more information on your right to object at any time to your information being used for marketing purposes, see ‘Your rights’ below.

Who we share your information with

We routinely share your information with:

service providers we use to help us run our business or provide the services or functionalities in the app.
Google Firebase is used as a database and analytics provider. Information on how Google protect your information, see Google’s privacy policy.
Apple’s App store and Google’s Play store (depending on your device) where you permit us to collect location data as described in the section ‘Location services/data’ above for further information on how Apple/Google protect your information please see their respective privacy policies.

We only allow the companies referred to above to handle your information if we are satisfied they take appropriate measures to protect your information. We also impose contractual obligations on service providers to ensure they can only use your information to provide services to us and to you.

We or the third parties mentioned above occasionally also need to share your information with:

our or their external auditors, eg in relation to the audit of our or their accounts—the recipient of the information will be bound by confidentiality obligations
our or their professional advisors (such as lawyers and other advisors)—the recipient of the information will be bound by confidentiality obligations
law enforcement agencies, courts or tribunals and regulatory bodies to comply with legal and regulatory obligations
other parties that have or may acquire control or ownership of our business (and our or their professional advisers) in connection with a significant corporate transaction or restructuring, including a merger, acquisition, asset sale, initial public offering or in the event of our insolvency—usually, information will be anonymised but this may not always be possible. The recipient of any of your information will be bound by confidentiality obligations

Who we share your information with—in more detail

Recipient	Processing operation (use) by recipient	Relevant categories of your information transferred to recipient
Google LLC – a company incorporated in the United States of America with registered company number 602223102, whose registered office is at 1600 Amphitheatre Parkway in Mountain View, California, United States.	Web and data hosting services, ie stores a copy of your information on computer equipment so it can be accessed by us and permitted third parties (see below) online.	Your chosen display name and email address.

We will not share your information with any other third party.

Who we share your information with—further information

If you would like more information about who we share your information with and why, please contact us (see ‘How to contact us’ below).

How long your information will be kept

Your email and display name will be kept until such a time as your account is deleted, at which point it will be removed from the server.

Information stored relating to the last date edits were made to a swim spot by an individual user is identified using the User’s ID. When the User deletes their account the data stored becomes anonymous as the User ID no longer relates to an account.

Transferring your information out of the UK

Countries outside the UK have differing data protection laws, some of which may provide lower levels of protection of privacy.

It is sometimes necessary for us to transfer your information to countries outside the UK. In those cases, we will comply with applicable UK laws designed to ensure the privacy of your information.

We will transfer your information from the UK to:

our service providers located outside the UK in the United States of America

Under data protection laws, we can only transfer your information to a country outside the UK where:

the UK government has decided the particular country ensures an adequate level of protection of your information (known as an ‘adequacy regulation’) further to Article 45 of the UK GDPR
there are appropriate safeguards in place, together with enforceable rights and effective legal remedies for you, or
a specific exception applies under relevant data protection law

We transfer your information outside the UK to the following countries based on adequacy regulations: The United States of America.

In the event we cannot or choose not to continue to rely on either of those mechanisms at any time, we will not transfer your information outside the UK unless we can do so on the basis of an alternative mechanism or exception provided by UK data protection law.

Any changes to the destinations to which we send your information or in the transfer mechanisms we use to transfer your information internationally will be notified to you in accordance with the section on ‘Change to this privacy policy’ below.

Transferring your information out of the UK—further information

If you would like further information about data transferred outside the UK, please contact us(see ‘How to contact us’ below).

Your rights

You generally have the following rights, which you can usually exercise free of charge:

Access to a copy of your information	The right to be provided with a copy of your information
Correction (also known as rectification)	The right to require us to correct any mistakes in your information
Erasure (also known as the right to be forgotten)	The right to require us to delete your information—in certain situations
Restriction of use	The right to require us to restrict use of your information in certain circumstances, eg if you contest the accuracy of the data
Data portability	The right to receive your information that you provided to us, in a structured, commonly used and machine-readable format and/or transmit that data to a third party—in certain situations
To object to use	The right to object: —at any time to your information being used for direct marketing (including profiling) —in certain other situations to our continued use of your information, eg where we use your information for our legitimate interests unless there are compelling legitimate grounds for the processing to continue or the processing is required for the establishment, exercise or defence of legal claims
Not to be subject to decisions without human involvement	The right not to be subject to a decision based solely on automated processing (including profiling) that produces legal effects concerning you or similarly significantly affects you We do not make any such decisions based on data collected by the app
The right to withdraw consents	If you have provided us with a consent to use your information, you have a right to withdraw that consent easily at any time You may withdraw consents by [insert details as relevant depending on consents] Withdrawing a consent will not affect the lawfulness of our use of your information in reliance on that consent before it was withdrawn

For more detail regarding the above tabled rights follow the below link:

https://ico.org.uk/for-organisations/uk-gdpr-guidance-and-resources/individual-rights/

For further information on each of those rights, including the circumstances in which they do and do not apply, please contact us (see ‘How to contact us’ below). You may also find it helpful to refer to the guidance from the UK’s Information Commissioner on your rights under the UK GDPR.

If you would like to exercise any of those rights, please complete a request form—available on our website at [insert link] or email, call or write to us—see below: ‘How to contact us’. When contacting us please:

provide enough information to identify yourself [(eg your full name, address and customer or matter reference number)] and any additional identity information we may reasonably request from you, and
let us know which right(s) you want to exercise and the information to which your request relates

Keeping your information secure

We have appropriate security measures to prevent your information from being accidentally lost, or used or accessed unlawfully. We limit access to your information to those who have a genuine business need to access it.

We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable regulator of a suspected data security breach where we are legally required to do so.

If you want detailed guidance from Get Safe Online on how to protect your information and other information and your computers and devices against fraud, identity theft, viruses and many other online problems, please visit http://www.getsafeonline.org. Get Safe Online is supported by HM Government and leading businesses.

How to complain

Please contact us if you have any queries or concerns about our use of your information (see below ‘How to contact us’). We hope we will be able to resolve any issues you may have.

You also have the right to lodge a complaint with the Information Commissioner.

The Information Commissioner can be contacted using the details at https://ico.org.uk/make-a-complaint or telephone: 0303 123 1113.

Changes to this privacy policy

We may change this privacy policy from time to time. When we make significant changes we will take steps to inform you, for example via the app or by other means, such as email.

How to contact us

You can contact us by email if you have any questions about this privacy policy or the information we hold about you, to exercise a right under data protection law or to make a complaint.

Our contact details are shown below:

Our contact details
wildswimapp@gmail.com