In accordance with Data Protection and Privacy law
- Natare Limited trading as iSwim Academy (iSwim) as a data controller
iSwim is a private business that provides swimming lessons in the general Dublin area. We are committed to the privacy of those that we engage with and this statement details our approach. While providing personal data to us in the course of business or using our website, we will manage your data in accordance with this privacy statement.
- Controller name: Natare Limited trading as iSwim Academy.
- Controller contact: if you would like to contact iSwim's data protection representative regarding this policy please email us at firstname.lastname@example.org or call on 01 524 2645.
Personal data processed by iSwim Academy is done in accordance with the current Data Protection Regulation in Ireland and the GDPR.
If you are under 18 please read this statement with the assistance of a parent or guardian.
2. Key Definitions
Our or we or iSwim refers to the iSwim Academy.
You, Your, swimmer or Subject refers to the individual person whose personal data is the subject of the text.
Personal Data Information relating to an identified or identifiable natural person who can be identified, directly or indirectly, in particular by reference to an identifier such as; a name, an identification number, location data, an online identifier, or one of more factors specific to the physical, psychological, genetic, mental, economic, cultural or social identity of that natural person.
Data Subject The identified or identifiable natural person
Special (often referred to as sensitive) data racial or ethnic origin, political opinions, religious or philosophical beliefs, or trades union membership or that includes genetic data, biometric data to reveal the identity of a person, or data concerning health, sex life, or sexual orientation. Personal data relating to criminal convictions is also considered sensitive.
Controller The natural or legal person or body which alone or jointly determines the purpose and means of the processing of personal data.
3. Purpose and lawful basis
iSwim processes your personal data for many reasons, and we are obliged to inform you of the purposes for which we use your data and the legal basis for processing.
In general, we may obtain personal data including name, address, phone numbers, e-mail address, images, IP address, parental/guardians details, and particulars relating to the swimming ability of swimmers.
The purposes for processing your personal data may overlap, and some purposes for processing may have multiple legal basis. They are as follows:
|Category||Purpose||Examples of the type of data processed||Legal basis for processing*|
|*Note; Where this document refers to the Legitimate interest of iSwim as a legal basis for processing, such legitimate interest refers to the delivery and promotion of swimming class services.|
|Delivery of swimming classes|
|Applying to participate in a class and managing the delivery of classes to swimmers||To apply to participate in a class and to manage swimming classes||General Personal Details; name, contact details, address, parent/guardian details||- Entering into or performance of a contract - Consent - Legitimate interest of iSwim*|
|Medical conditions that may affect a swimmers capacity to swim||To deliver a service that is suitable for the physical or intellectual capacity of a swimmer||Details that may affect the swimmers capacity to participate in lessons e.g. low energy levels, asthma, epilepsy, intellectual particulars||- Consent - The vital interest of the Subject|
|Enquiries||To engage with individuals who make an enquiry||Details provided on the enquiry including name, and contact details||- Consent - Legitimate interest of iSwim*|
|The provision of a virtual viewing gallery service|
|A live closed circuit screening of a class in progress in the waiting area at the class location.||To provide visual oversight of classes to parents waiting in the building for their children. Note; this is only provided in buildings where there is limited poolside viewing capacity.||An electronic view of the swimming class (no voice)||- Entering into or the performance of a contract. - Legitimate interest of iSwim*|
|The staff of iSwim|
|Data required for the employment of staff||To enter into contracts with members of staff and to manage staff.||Personal data includes, name, address, contact details PPS number, nationality, garda vetting status||- The performance of a contract. - There is a legal / regulatory obligation|
|Marketing & promotional activities|
|Direct Marketing||Direct communication to potential customers||Postal address, e-mail, text (You may opt out of any of the above upon request).||- Consent|
|Website & Social Media||To promote the activities of iSwim and celebrate the success of swimmers||IP address, web tracking data, images of swimmers||- Legitimate interest of iSwim* - Consent (for images of swimmers)|
|General Legal/regulatory obligations|
|Revenue||To comply with the requirements of Revenue, to pay all applicable taxes||Identity, PPs number, payments, tax residency||- There is a legal / regulatory obligation|
|Regulatory Authorities||To enable processes that are compliant with law and regulation||- There is a legal / regulatory obligation - Legitimate interest of iSwim*|
|Auditors & Compliance||To audit the activities of the business in line with regulation and best practice||All data||- There is a legal / regulatory obligation - Legitimate interest of iSwim*|
4. Where you have provided consent
Where we are processing data based on your consent you may withdraw that consent at any time.
5. Who we share Personal Data with.
We take all reasonable measures to protect your personal information while it is in our possession, however, it may be transferred to others where there is a legitimate and lawful reason. This section lists the categories and types of organisations that we may transfer personal data to.
5.1 Delivery of swimming classes
Parents/guardians, or partners, professional advisors, Insurers in the event of a claim, accountants, auditors, and regulatory oversight authorities where necessary.
5.2 Virtual Viewing Gallery
Data processed for this purpose is not stored and is never shared with anyone.
5.3 Staff of iSwim
Payroll bureau, IT providers, customers and their guardians, professional advisors, and Insurers in the event of a claim
On social media.
5.5 Legal / Regulatory Requirements
Revenue Commissioners, Audit & Compliance, Solicitors or advisors representing iSwim.
6. International transfer
In the event that a service provider to iSwim is international in nature, or sub-processes with entities that are not within the EU, we will take steps to ensure that personal data is retained in the EU and that any further processing that may expose such data to international transfer is subject to the protections provided by a lawful basis of transfer.
iSwim uses iClass from iClass Pro Inc (registered in Texas, USA) to manage classes and staff. Personal data that is processed using this software may be transferred outside of the EU on the basis of EU Standard Contractual Clauses.
7. Responsibility of customers and others who provide personal data to us
You warrant that personal information provided to us by you that relates to third parties (e.g. dependents, family or friends) has been obtained fairly and lawfully and that such information is accurate. You also warrant that third parties introduced by you are aware of the purpose for which their personal data is being used and that their privacy rights have been upheld.
8. Information relating to children and vulnerable persons
The processing of personal data relating to children receives special attention under Data Protection Regulation and we shall treat this information with particular care. The legal age for digital consent is 16 years in Ireland. Information obtained about children shall comply with the requirement for parental consent and shall receive additional consideration while planning an operational process.
9. Special (Sensitive) Data
iSwim recognizes that it may from time to time process special categories, particularly in the context of providing swimming lessons. The processing of this category of information shall typically require explicit consent. We may also process special data where there is a legal/regulatory obligation.
10. Confidentiality & security
iSwim has implemented generally accepted standards of technology and operational security to protect personal data from alteration, unauthorized disclosure, or destruction, and from use for unauthorized purposes. Furthermore, we have taken measures to ensure that contracts with all third parties that provide technical and processing services include terms that specify appropriate technical and organizational security measures to prevent accidental, unauthorized, or unlawful disclosure or processing of personal data.
11. Your Rights
Subjects have the right to:
- Be informed of information on whether we have personal data relating to a subject, the categories of data, and the purpose of processing
- Where information is collected directly from the subject, to be informed of the controller and representative, the purpose and legal basis for processing, where we rely on our legitimate interest we will inform you of that interest, who we may transfer that personal data to, if the data is being transferred internationally, the retention duration or criteria for storage for personal data, the consequences of not providing the data
- Where data was not provided by you, we will identify the source of that data together with data categories.
- Be informed if a failure to provide the personal data will have any direct and material personal consequences
- Access your personal data. Where you request information and the format is of the data is not reasonably understood, this shall be delivered in an intelligible format.
- Have inaccurate, incomplete, or out-of-date personal data that we hold about you corrected, or deleted
- Withdraw consent for your personal data to be processes - where it was obtained from you on the basis of consent.
- Make a submission on any automated decisions making processes or profiling of you.
- At your request and under certain circumstances, to transfer your data to another controller
- Have your personal data excluded from certain categories of processing.
- Lodge a complaint with the Data Protection Commissioner. Contact details for the DPC can be found at www.dataprotection.ie.
- There are some limitations to these rights.
- You can contact us to exercise these rights by e-mail at email@example.com We will ask for additional information to verify your identity prior to acting upon such requests.
13. Removal from mailing lists
You may unsubscribe from our mailing lists at any time by using the ‘unsubscribe’ button on marketing communications, or by contacting us at firstname.lastname@example.org
14. Reporting of Data Breaches
Where a data breach occurs that poses a risk to the subject it shall be reported to the Data Protection Commission. Where such a breach occurs and poses a high risk to you we will also inform you. All breaches will be managed in accordance with Irish law and GDPR.
15. Data Retention
We retain personal data that you submit to us only for as long as is necessary and for the purposes for which it was obtained, or as required by law. We have detailed retention periods for which personal data shall be retained for particular purposes below. iSwim reserves the right to delete personal data prior to the conclusion of the retention period or where such retention is not absolutely necessary.
|Storage of personal data|
|Purpose of processing||Duration||Criteria for the storage of personal data|
|Swimmer progress and performance data||1 years||From the end of the most recent lessons provided.|
|Sales transaction data||7 years||From completion of the transaction|
|Photographic images||5 years||From the time of obtaining (with consent)|
|Employment/volunteer data||Generally for the duration of employment plus 7 years. Where categories of data have - regulatory limitations to possible liability, or - mandatory retention periods, We will retain for these periods plus one year.|
|Marketing data relating potential customers||12 months||From the last communication|
|CCTV (virtual viewing gallery)||We do not retain this data|
|Incidents or complaint reports||Permanent|
|Documentation relating to revenue||Stored as mandated by law plus 12 months|
|Nothing in this section creates an obligation upon iSwim to retain personal data on behalf of a data subject.|
You can opt out of the use of certain categories of cookies on the cookie notice tool that is always visible while you use the iSwim website. This may reduce some of the functionality of the site.
Cookies can also be deleted by you from your browser at any time.
This notice may be updated to comply with the precedent that has been established or to provide further clarification. The most up-to-date version is available on our website. We advise you to use a current version of this document when considering your rights.