Privacy Policy

Spark Commercial Capital, LLC and its subsidiary, Swim O’ahu, and affiliates (collectively, “we”, “us”, the “Company”) are committed to respecting the privacy of visitors to www.swimoahu.com (our “Website”). The following policy describes how we collect, protect and use personal information we receive from Website visitors including but not limited to name, address, and email address. It does not apply to information collected by the Company through any other means, including on any other website operated by the Company, or by any third party, including through any application or content (including advertising) that may link to or be accessible from the Website.

INFORMATION COLLECTED AND HOW IT IS PROVIDED

The information we collect on or through our Website may include information provided at the time of registering for an account, making purchases through our Website, signing up for our newsletter, or requesting further services. We may also ask you for information when you enter a contest or promotion sponsored by us, and when you report a problem with our Website. If you contact us through the Website, we will have records and copies of your correspondence (including email addresses). We may ask for your response to surveys for research purchases and collect information about your search queries on the Website. We may also receive personal information about you from third parties. We will collect information about your purchases and other transactions you carry out through our Website and the fulfillment of your orders.

HOW DO WE USE YOUR INFORMATION

We may use the information we collect from you or that you provide to us, including any personal information:

  • To present our Website and its contents to you.
  • To provide you with information, products or services that you request from us.
  • To quickly and securely process transactions.
  • To notify you about changes to our Website or any products or services we offer or provide through it.
  • To administer contests, promotions, surveys or other site features.
  • To allow us to better service you in responding to your customer service requests.
  • To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
  • To fulfill any other purposes for which you have provided the information, that we have described when the information is collected, or for which you have provided your consent.

By providing us with your email address or other contact information, you consent to our using such contact information to communicate with you regarding the Website, our products, promotions, events and updates. You also consent to our using your email address to send you Website-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your contact information to send you other messages, such as newsletters, changes to features of the Website, or special offers. If you wish to opt-out of this consent, please see “How to Opt-Out” below. If you correspond with us by email, we may retain the content of your email messages and our responses. If you supply us with a telephone number online, you will only receive telephone contact from us with information regarding orders you have placed online.

DO WE DISCLOSE INFORMATION WE COLLECT TO OUTSIDE PARTIES

Except as otherwise described in this Privacy Policy, we will not disclose personal information to any outside parties unless required to do so by law or subpoena or if we believe that such action is necessary to (a) conform to the law, comply with legal process served on us or our affiliates, or investigate, prevent, or take action regarding suspected or actual illegal activities; (b) to take precautions against liability, to investigate and defend ourselves against any third-party claims or allegations, to assist government enforcement agencies, or to protect the security or integrity of our Website or our products and promotions; and (c) to exercise or protect the rights, property, or personal safety of the Company, its employees, agents or assigns, or others. The term “outside parties” does not include, and we may disclose personal information to, our subsidiaries and affiliates, contractors, service providers, and other third parties we use in operating our Website, conducting Swim O’ahu business, or servicing you, so long as those parties agree to keep this information confidential.

In the future, we may buy or sell assets or business offerings from third parties. Customer, email, and visitor information is generally one of the transferred business assets in these types of transactions. We may also transfer such information in the course of corporate divestitures, mergers, or dissolution.

We do not share credit card information with third parties except for the purpose of processing your order payment and as required by law.

We may make your name and postal address available to other marketing companies who may have offers of interest to you. We share personal information with third party marketing partners for commercial purposes. If you do not wish to receive such mailings, or if you would like to opt-out of Swim O’ahu’s discretionary e-mails, please email [email protected] with the subject line “unsubscribe”.

We may disclose aggregated or otherwise non-personally identifiable information without restriction, including to other parties for marketing, advertising, or other uses.

The above excludes text messaging originator opt-in data and consent; this information will not be shared with any third parties.

HOW DO WE PROTECT VISITOR INFORMATION

Swim O’ahu uses a hosted interface known as Stripe that is embedded onto our Site via an i-frame. Credit card information is not handled by The Company or its Website. Instead, credit card information is handled directly by Stripe. You can read more about Stripe by visiting their Privacy Policy.

HOW TO OPT OUT

To modify your e-mail subscriptions or opt-out of receiving Swim O’ahu e-mail (other than required service emails or communications required by law) please let us know by emailing us at [email protected] and simply ask us to remove your company, name or account from our email list. Please note that due to email production schedules you may receive any emails already in production.

NOTIFICATION PROCEDURES

It is our policy to provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on our Website, as we determine in our sole discretion. We reserve the right to determine the form and means of providing notifications to you.

CHANGES TO OUR POLICY

If we decide to change our privacy policy, we will post those changes on this page. Policy changes will apply only to information collected after the date of the change. Please check back periodically for updates to this policy. This policy was last modified September 10th, 2024.

If you have any questions about this Privacy Policy, the practices of this Website, or your dealings with this Website, please contact us at [email protected].