CollegeSwimming.com, LLC (“CollegeSwimming,” “us,” “we” or “our”), DBA SwimCloud is committed to protecting the users of the www.collegeswimming.com web site, and any related websites (collectively, the “Site”). This privacy policy (this “Policy”) discloses CollegeSwimming’s information privacy practices for the Site and the services provided by CollegeSwimming (the “Services”) and is intended to inform registered users and other visitors to the Site of the data collection and use practices of the Site and the Services.

Amendments to this Policy will be posted on the Site and will be effective when posted. Your continued use of the Site following the posting of any amendment will constitute your acceptance of that amendment.

If you have questions or concerns regarding this Policy, you should contact CollegeSwimming at privacy@swimcloud.com.


  1. Your data controller is CollegeSwimming.com, LLC, to the extent that it is processing your personal data. 
  2. You can contact your data controller by email at privacy@swimcloud.com.  You can also contact the data controller by writing to CollegeSwimming.com, LLC, 415 North Tejon, Colorado Springs, CO 80903, USA.


  1. We only collect and share personally identifiable information regarding users of the Site as described in this Policy. Except as noted in this Policy, personally identifiable information collected on the Site is not shared with third parties without your consent.
  2. We may automatically collect personally identifiable information from you when you access the Site or the Services. We may also collect personally identifiable information from you through a number of voluntary sources on the Site, such as responses, inquiries, registrations, reviews, comments, e-mails, postings, messages, photos or other electronic submissions and communications sent by you to CollegeSwimming or the Site. The personally identifiable information we may collect from you includes, without limitation:
  1. We may also collect certain information automatically, including:
  1. We may also collect information about you from third parties, including without limitation, publicly available sources and other third parties, including results, schedules, statistics and other information. We also collect information when you interact with CollegeSwimming through various media, including without limitation, social media, such as:
  1. We may share certain personally identifiable information with third party advertising companies to better target the advertising and other content displayed on the Site and provide pertinent offers we think may be of interest to users. In addition, third party advertisers may receive certain personally identifiable information about you if you click on advertisements or company names displayed on the Site or through the Services (and clicking on any advertisement or company name displayed on the Site will be considered your consent to “opt in” for this transfer).


  1. If you provide information for a certain reason, we may use the information in connection with the reason for which it was provided.  For example, if you contact us by email, we may use the information you provide to answer any questions or resolve any problems.  Also, if you provide information about yourself, or have provided (or otherwise permitted the Services to access) any third party data, we will use your information and any such third party data to provide you with access to such services and to monitor your use of such services.
  2. We may also use the information we collect through the Services to help us in providing the Services and support services, processing transactions, fulfilling requests for information, receiving and sending communications, updating marketing lists, analyzing data and research aimed at improving the accuracy, effectiveness, usability or popularity of the Services, to personalize the content and advertising that you see on the Services and to understand how users interact with and use the Services, to associate your activities, customize content or tailor advertising across different devices and browsers that you use to access the Services or the Site (for example, computers, tablets, mobile devices, applications and websites), to comply with state, local, federal or international laws, to enforce our Terms of Service and this Policy, as otherwise described in this Policy, or in assisting with other tasks from time to time.  Please note that we may combine information that we collect from you and about you (including automatically-collected information) with information we obtain about you from our affiliates and/or non-affiliated third-parties, and use such combined information in accordance with this Policy.
  3. We may also use data collected through the Services to enable you to participate in features such as surveys, polls, contests, sweepstakes, and message boards.
  4. We may also use data collected through the Services to send communications relating to the Services, in accordance with applicable laws.  For example, we may send periodic emails to registered users of the Services relating to their recent interactions with the Services, such as submitting competition results.  Also, if you use any feature of the Services permitting you to communicate with third-parties (such as to refer a third party to the Services or to communicate with them regarding results or competitions), either by submitting third party data to the Services or otherwise permitting the Services to automatically access third party data in your possession, you acknowledge and agree that you have the authority of the relevant third party for us to access and use the relevant third party data and that you have notified these third-parties and informed them how their information is collected and used by CollegeSwimming to provide the Services.  We reserve the right to identify you as the person who has made the referral in any messages that are sent to them.  We may use third party data to (i) contact such third party using the third party data provided, and/or (ii) provide you with an editable template message designed to facilitate the communication between you and such third party through the Services.  In addition to sending the foregoing communications, we may also send reminders or related messages to you and to third parties on your behalf from time to time where permitted by applicable law. 
  5. If you access the Services through a mobile device, you agree that we may communicate with you regarding the Services by SMS, MMS, text messages, or other electronic means to your mobile device.  In the event you change or deactivate your mobile telephone number, you agree to promptly update your CollegeSwimming account information to ensure that your messages are not misdirected.  Please note that your wireless service provider’s standard charges, data rates, and other fees may apply where you access the Services through a mobile device.  In addition, downloading, installing, or using some of the Services on a mobile device may be prohibited or restricted by your carrier, and not all the Services may work with all carriers or devices. 


  1. With your consent, we may share your contact information with third party marketing partners. For example, we may offer access to relevant services if you allow your information to be shared with third parties so that they can contact you by email, telephone, postal mail or other common communication methods about their products or services.
  2. We share your contact information with third party vendors who help us with specialized services, including customer support, email and text message deployment, business analytics, marketing, suppression list management and data processing. These third parties are allowed to use your contact information to help us provide the Services and not for any other purpose.
  3. Co-Branded Partners are third parties with whom CollegeSwimming may jointly offer a service or feature. You can tell when you are accessing a service or feature offered by a Co-Branded Partner because the Co-Branded Partner’s name will be featured prominently. You may be asked to provide information about yourself to register for a service offered by a Co-Branded Partner. In doing so, you may be providing your information to both us and the Co-Branded Partner; or we may share your information with the Co-Branded Partner. Please note that the Co-Branded Partner’s privacy policy may also apply to its use of your information.
  4. CollegeSwimming continues to expand its online presence in order to offer users rich and deep interactive experiences. Where permitted by law, we may share information we collect about you with any affiliate companies, so that we can provide you with information about products and services that might interest you.
  5. We may share your information in connection with a substantial business transaction, such as the sale of CollegeSwimming, a merger, consolidation, asset sale, or in the unlikely event of bankruptcy.
  6. We may disclose your information when we have a reasonable and good faith belief that the disclosure is necessary to enforce the terms of use of the Site, comply with a judicial proceeding, court order or other legal process, or to otherwise enforce or protect CollegeSwimming’s rights under applicable law, including without limitation, CollegeSwimming’s intellectual property rights. In this situation, we will use reasonable efforts to provide notice of this disclosure to all affected users, to the extent reasonably possible under the circumstances.

When transferring money to CollegeSwimming, you provide personal information, credit, debit or bank account information, and an address (“Financial Information”) through CollegeSwimming’s third party payment processor.  This payment process is external to CollegeSwimming.  By using the Services, you grant our third party providers the right, power, and authority to act on your behalf to access and transmit your personal and financial information from the relevant financial institution according to terms of our third party providers’ privacy policies.

In accordance with and as permitted by applicable law and regulations, we will retain your information as long as necessary to serve you, to maintain your account for as long as your account is active, or as otherwise needed to operate our business.  When you close your account, we may continue to communicate with you about the Services, give you important updates that may affect you, and let you know about products and services that may interest you, unless you have opted out of receiving marketing communications.  We may also continue to use some of your information for business purposes and to improve our offerings or in some cases to develop new ones.  We will retain and use your information as required by applicable laws and regulations and CollegeSwimming’s detection and prevention of fraud.


  1. You are solely responsible for interactions with other users of the Site and the Services that you contact or that contact you. Please note that there are risks, including without limitation, the risk of physical harm, that may arise when dealing with strangers, including persons who may be acting under false pretenses. You should therefore use caution with regard to the information you elect to share as part of your profile or account or that you otherwise upload to the Site or use in the Services. Only list the contact information that you are comfortable disclosing to other users of the Site and the Services.
  2. Although CollegeSwimming requests that users maintain the confidentiality of the personal information they receive through the Site, CollegeSwimming cannot and does not guarantee that the information you provide to other users through the Site will be held in confidence or properly secured by each applicable user. In addition, CollegeSwimming takes no responsibility and assumes no liability for any information that any user posts, sends or provides via the Site. You agree that CollegeSwimming is not responsible or liable for the conduct of any other user.

We provide you with a choice whether to receive certain e-mails. We provide you the opportunity to “opt-out” of having your personally identifiable information used for certain purposes. If you are a user of the Site or the Services and you no longer wish to receive e-mail, mail, or telephone calls from us or have your e-mail address or postal address shared with third parties, you may opt-out of receiving e-mail, mail, or telephone calls from us or having your e-mail address or postal address shared with third parties. All opt-out requests can be made by emailing us at privacy@swimcloud.com, or writing us at CollegeSwimming.com, LLC, 415 North Tejon, Colorado Springs, CO 80903, USA.

Where possible, the CollegeSwimming server automatically recognizes each visitor’s IP address. We also collect information about how visitors use the Site (for example, what pages are viewed). This information allows us to improve the content of the Site, the Services, and facilitate market research.


  1. When you interact with the Site or use the Services, we try to make that experience simple and meaningful. We may use cookies and similar technology for various purposes; for example, to record session information, such as items that users viewed, and to save certain information about users of the Site and others who visit the Site, in order to facilitate and enhance interaction with the Site and the Services.
  2. A cookie does not collect or keep your name or other personally identifiable information; however, we may link the information obtained through cookies to other personally identifiable information to give us a better understanding of your preferences, so that we can provide a more meaningful experience to you on the Site and with the Services.  A number of cookies we use last only for the duration of your web or application session and expire when you close your browser or exit the application.  Other cookies are used to remember you when you return to the Site or the Services and will last longer.
  3. We may use cookies and similar technologies to collect information about your access and use of the Site.  For example, we may use cookies or other technologies that: (i) allow you to navigate and use all of the features provided by the Site; (ii) customize elements of the layout and/or content within the Site and remember that you have visited us before; (iii) identify the number of unique visitors we receive; (iv) allow us to provide you with a customized experience; and (v) inform us how you use the Site and the Services (including how long you spend on the Site or using the Services) and where you have come to the Site from, so that we can improve the Site and the Services and learn which functions are most popular with users.  As we adopt additional technologies, we may also gather additional information through other methods.
  4. Most web and mobile devices automatically accept cookies, but, if you prefer, you can change your browser to prevent that or to notify you each time a cookie is set.  You may consult the “Help” section of your browser for more information.  Please note that by blocking any or all cookies, you may not have access to certain features or offerings of the Site or the Services.

Certain websites of CollegeSwimming’s affiliates, promotional partners, advertisers, sponsors, and other third party websites are accessible through the Site. These third party websites have their own privacy and data collection policies and practices. COLLEGESWIMMING IS NOT RESPONSIBLE FOR ANY ACTIONS OR PRIVACY POLICIES OF SUCH THIRD PARTIES. YOU SHOULD CHECK THE APPLICABLE PRIVACY POLICIES OF THOSE THIRD PARTIES WHEN PROVIDING PERSONALLY IDENTIFIABLE INFORMATION THROUGH LINKED WEBSITES

In addition to the specific third-parties noted in this Policy, CollegeSwimming may also contract with other third-parties to provide various services to CollegeSwimming relating to the Site on an outsourced basis rather than performing the services itself. By visiting the Site, all visitors consent to CollegeSwimming providing both personal and non-personal information received from those visitors to these third party providers for the purpose of enabling the third party provider to provide these outsourced services to CollegeSwimming. In addition, all visitors consent to the collection, maintenance, and processing of their personal and non-personal information by CollegeSwimming and these third party providers.

Some users (in particular, European Union users) have certain legal rights to obtain information about whether we hold personal information about them, to access personal information we hold about them, and obtain its correction, update, amendment or deletion in appropriate circumstances.  Some of these rights may be subject to some exceptions or limitations.  We will respond to your request to exercise these rights within a reasonable time.  Rights to which you may be entitled include:

The Site is not directed to children. For purposes of this Privacy Policy, “children” means children under 13 years of age. Notwithstanding the foregoing, CollegeSwimming understands that the Site may be accessed by children. We recognize the need to provide further privacy protections with respect to personal information that may be collected from children on the Site. For additional information about our practices regarding children’s personal information, please read the Children’s Privacy Policy at the end of this Policy.

We will use commercially reasonable security measures on the Site to protect the loss, misuse, unauthorized access, disclosure, alteration, or destruction of the information under CollegeSwimming’s control. While there is no such thing as “perfect security” on the Internet, we will take commercially reasonable steps to insure the safety of your personal information.  In particular, email sent to or from the Services or the Site may not be secure.  Therefore, you should take special care in deciding what information you send to us via email.  Please keep this in mind when disclosing any information to us via the Internet.

CollegeSwimming is headquartered in the United States and has affiliate offices and partners in other countries. Please be aware that information you provide to us or that we obtain as a result of your use of the Site may be collected in your country and subsequently transferred to the United States or another country in accordance with applicable law. The privacy and data protection laws in the country to which your information is transferred may not be equivalent to such laws in your country of residence. By using the Site or providing us with your information, you consent to the collection, international transfer, storage, and processing of your information.


  1. CollegeSwimming does not track its users over time and across third party websites to provide targeted advertising and therefore does not respond to Do Not Track (DNT) signals.  However, some third party sites do keep track of your browsing activities when they serve you content, which enables them to tailor what they present to you.  If you are visiting such sites, certain browsers allow you to set the DNT signal on your browser so that third-parties (particularly advertisers) know that you do not want to be tracked.
  2. Subject to certain limits under California law, California residents may ask us to provide you with (i) a list of certain categories of personal information that we have disclosed to third-parties for their direct marketing purposes during the immediately preceding calendar year; and (ii) the identity of those third-parties.  To make this request, California residents may contact us as specified in Section 19.
  3. If you are a California resident under 18 years old and a registered user, you can request that we remove content or information that you have posted to the Site or other Services.  Note that fulfillment of the request may not ensure complete or comprehensive removal (e.g., if the content or information has been reposted by another user).  To request removal of content or information, please contact us as specified in Section 19.

This Policy is governed by the internal substantive laws of the State of Colorado, without regard to its conflict of laws principles. Jurisdiction for any disputes, controversies, and claims arising under, in connection with, or out of this Policy shall lie exclusively with the state courts located in Colorado Springs, Colorado, or the federal courts located in Denver, Colorado. If any provision of this Policy is found to be invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Policy, which shall remain in full force and effect. UNDER NO CIRCUMSTANCES SHALL COLLEGESWIMMING HAVE ANY LIABILITY WHATSOEVER FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES ARISING OUT OF THIS POLICY, HOWEVER OCCASIONED.

Please feel free to contact us if you have any questions about this Policy or the information practices of the Site or the Services.  You may contact us as follows:

CollegeSwimming.com, LLC

Attn:  Legal
415 North Tejon Street
Colorado Springs, CO 80903



CollegeSwimming is committed to protecting the privacy of children who use our sites and applications. This Children’s Online Privacy Policy explains our information collection, disclosure, and parental consent practices with respect to information provided by children under the age of 13 (“child” or “children”), and uses terms that are defined in our general Privacy Policy. This policy is in accordance with the U.S. Children’s Online Privacy Protection Act (“COPPA”). For more information about COPPA and general tips about protecting children’s online privacy, please visit OnGuard Online.

  1. INFORMATION WE COLLECT FROM CHILDREN, HOW WE USE IT, AND HOW AND WHEN WE COMMUNICATE WITH PARENTS. CollegeSwimming offers to its users a range of activities and services, some of which may collect information from children. Below, we summarize potential instances of collection and outline how and when we will provide parental notice and/or seek parental consent. In any instance that we collect personal information from a child, we will retain that information only so long as is reasonably necessary to fulfill the activity request or allow the child to continue to participate in the activity, and ensure the security of our users and our services, or as required by law. In the event we discover we have collected information from a child in a manner inconsistent with COPPA’s requirements, we will use commercially reasonable efforts delete the information or immediately seek the parent’s consent for that collection.
    1. Registration. Children can, in many cases, register with the Site and applications to view content, play games, log information, provide results, input data, participate in contests, and engage in special features, among other things. During the registration process, we may ask the child to provide certain information for notification and security purposes, including a parent or guardian’s email address, the child’s first name and gender, the child’s member or account username, and password. We also may ask for birth dates from children to validate their ages. Please note that children can choose whether to share their information with us, but certain features may not function without it. As a result, children may not be able to access certain features if required information has not been provided. We will not require a child to provide more information than is reasonably necessary in order to participate in an online activity.
      • Collection of parent email addresses: Consistent with the requirements of COPPA, in any instance in which we ask for age and determine the user is a child, we will ask for a parent or guardian email address before we collect any personal information from the child. If you believe your child is participating in an activity that collects personal information and you or another parent/guardian have NOT received an email providing notice or seeking your consent, please feel free to contact us at privacy @swimcloud.com. We will not use parent emails provided for parental consent purposes to market to the parent, unless the parent has expressly opted in to email marketing or has separately participated in an activity that allows for such email contact.
    2.  Content Generated by a Child. Certain activities on the Site and applications may allow children to create or manipulate content and save it with CollegeSwimming. Some of these activities do not require children to provide any personal information and therefore may not result in notice to the parent or require parental consent. If an activity potentially allows a child to insert personal information in their created content, we will either pre-screen the submission to delete any personal information, or we will seek verifiable parental consent by email for the collection. Examples of created content that may include personal information are stories or other open-text fields, drawings that allow text or free-hand entry of information, or photo submissions. If, in addition to collecting content that includes personal information, CollegeSwimming also plans to post the content publicly or share it with a third party for the third party’s own use, we will obtain a higher level of parental consent.
      • About Verifiable Parental Consent:
        • Email Consent. In the event CollegeSwimming wishes to collect personal information from a child, COPPA requires that we first seek a parent or guardian’s consent by email. In the email we will explain what information we are collecting, how we plan to use it, how the parent can provide consent, and how the parent can revoke consent. If we do not receive parental consent within a reasonable time, we will delete the parent contact information and any other information collected from the child in connection with that activity.
        • High-Level Consent. In the event CollegeSwimming collects personal information from a child that will be posted publicly, we will seek a higher level of consent than email consent. Such “high-level” methods of consent may include, without limitation, asking for a credit card or other payment method for verification (with a nominal charge potentially involved), speaking to a trained representative by telephone or video chat, requiring a signed consent form by mail, email attachment, or fax, or checking a form of government-issued identification against databases of such information, provided that the parent’s identification shall be deleted promptly after such verification is complete. After providing high-level consent, a parent may have the opportunity to use a pin or password in future communications as a way to confirm the parent’s
    3. CHAT. Certain activities may allow users to communicate directly with other users by means of a chat system. We may employ live moderation and/or encourage other users to flag inappropriate communications to prevent the communication of both personal information and age-inappropriate words and phrases. We strongly encourage children who use these interactive features never to provide personal information about themselves or any third party, and certainly never to attempt to circumvent our moderation. We recommend that parents carefully supervise their children when the children participate in online activities.
    4. CONTESTS AND SWEEPSTAKES. For contests and sweepstakes, we typically require only the information necessary for a child to participate, such as first name (to distinguish among family members) and parent email address (to notify the parent where required by law). We only contact the parent for more personalized information for prize-fulfillment purposes when the child wins the contest or sweepstakes. Of course, some contests and sweepstakes ask the child to submit their own created content along with the child’s entry. In those instances, we may require parental consent prior to submission. Notwithstanding the foregoing, we shall not condition a child’s participation in a contest or sweepstakes, the offering of a prize, or another activity on the child’s disclosing more personal information than is reasonably necessary to participate in such activity.
    5. EMAIL CONTACT WITH A CHILD. On occasion, in order to respond to a question or request from a child, CollegeSwimming may need to ask for the child’s online contact information, such as an email address. CollegeSwimming will delete this information immediately after responding to the question or request. In connection with certain activities or services, we may collect a child’s online contact information, such as an email address, in order to communicate with the child more than once. In such instances, we will retain the child’s online contact information to honor the request and for no other purpose such as marketing. Whenever we collect a child’s online contact information for ongoing communications, we will simultaneously require a parent email address in order to notify the parent about the collection and use of the child’s information, as well as to provide the parent an opportunity to prevent further contact with the child. On some occasions, a child may be engaged in more than one ongoing communication, and a parent may be required to “opt-out” of each communication individually.
    6. PERSISTENT IDENTIFIERS. When children interact with us, certain information may automatically be collected, both to make the Site and applications more interesting and useful and for various purposes related to CollegeSwimming. Examples include the type of computer operating system, the child’s IP address or mobile device identifier, the web browser, the frequency with which the child visits various parts of our Site or applications, and information regarding the online or mobile service provider. This information is collected using technologies such as cookies, flash cookies, web beacons, and other unique identifiers. This information may be collected by CollegeSwimming or by a third party. This data is principally used for internal purposes only, in order to:
      • provide users with access to features and activities on our Site and applications
      • customize content and improve our Site and applications
      • conduct research and analysis to address the performance of our Site and applications
      • generate anonymous reporting for use by CollegeSwimming

In the event we collect (or allow others to collect) such information from children on the Site and applications for other purposes, we will notify parents and obtain consent prior to such collection.

  1. WHEN INFORMATION COLLECTED FROM CHILDREN IS AVAILABLE TO OTHERS. In addition to those rare instances where a child’s personal information is posted publicly (after receiving high-level parental consent), we also may share or disclose personal information collected from children in a limited number of instances, including the following:
    1. We may share information with our service providers if necessary for them to perform a business, professional, or technology support function for us.
    2. We may disclose personal information if permitted or required by law, for example, in response to a court order or a subpoena. To the extent permitted by applicable law, we also may disclose personal information collected from children (a) in response to a law enforcement or public agency’s (including schools or children services) request; (b) if we believe disclosure may prevent the instigation of a crime, facilitate an investigation related to public safety or protect the safety of a child using our Site or applications; (c) to protect the security or integrity of our Site, applications, and other technology, as well as the technology of our service providers; or (d) to enable us to take precautions against liability.
  2. PARENTAL RIGHT TO REVIEW PERSONAL INFORMATION OF CHILD. Upon request of a parent whose child has provided personal information, we will provide the following:
    1. A description of the specific types or categories of personal information collected from children by CollegeSwimming, such as name, address, telephone number, email address, hobbies, and extracurricular activities;
    2. The opportunity at any time to refuse to permit our further use or future online collection of personal information from that child, and to direct us to delete the child’s personal information; and
    3. A means of reviewing any personal information collected from the child.

Prior to disclosing any such information, we shall use reasonable procedures to (a) ensure that the requestor is a parent of that child, and (b) not be unduly burdensome to the parent.

If a parent has refused to permit CollegeSwimming’s further use or collection of personal information from his or her child or has directed CollegeSwimming to delete the child’s personal information, we retain the right to terminate any services provided to such child.

  1. CONFIDENTIALITY, SECURITY AND INTEGRITY. We have established and will maintain reasonable procedures to protect the confidentiality, security, and integrity of personal information collected from children. We will also take reasonable steps to release children’s personal information only to service providers and third parties who are capable of maintaining the confidentiality, security and integrity of such information, and who provide assurances that they will maintain the information in such a manner.
  2. PARENTAL CHOICES AND CONTROLS. At any time, parents can refuse to permit us to collect further personal information from their children, and can request that we delete from our records the personal information we have collected from their children. Inquiries may be directed to:

415 North Tejon Street
Colorado Springs, CO 80903
Email: privacy@swimcloud.com

In any correspondence such as email or mail, please include the child’s name and/or username on the Site or application (if any) and the parent’s email address and telephone number. To protect children’s privacy and security, we will take reasonable steps to help verify a parent’s identity before granting access to any personal information.