Privacy Policy

PRIVACY POLICY 1. INTRODUCTION KST Swim Mentor and Coaching LLC ("we," "us," "our," or "Company") is committed to protecting your privacy and ensuring you have a positive experience on our website and in our services. This Privacy Policy explains how we collect, use, disclose, and otherwise process your personal information in connection with our website at https://kstswim.com and our swimming development, coaching mentoring, programme planning, clinics, camps, audits, and consultancy services. This policy applies to all individuals who visit our website, submit enquiries through our contact forms, and those who engage with us for services. We are governed by the laws of the State of New Mexico, USA, and we respect mandatory consumer protection and data privacy rights applicable in your country of residence, including European Union and Spanish law where applicable. This policy is effective as of September 8, 2026. 2. CONTROLLER KST Swim Mentor and Coaching LLC is the data controller for personal information collected through our website and services. Our registered address is 1209 Mountain Road Pl NE, Ste R, Albuquerque, NM 87110, USA. For questions about our privacy practices or to exercise your rights, please contact us using the contact form available on our website at https://kstswim.com. We do not publish a general email address, and we ask that you use the contact page to reach us. 3. INFORMATION WE COLLECT 3.1 Contact Form Data When you submit a contact form on our website (where enabled), we collect the following information: - Name - Email address - Organization and role (for example, coach, club administrator, swimmer, parent, or other relevant identifier) - Message content Submission of a contact form is voluntary. If you do not wish to provide this information, you may choose not to submit the form, although this will limit our ability to respond to your enquiry. 3.2 Technical and Log Data Our website server automatically collects certain technical information when you visit, including: - Your Internet Protocol (IP) address - Browser type and version - Operating system - Pages visited and time spent on those pages - Referrer information - Date and time of access - Server logs and error reports This data is collected to administer and secure our website, diagnose technical problems, and understand general usage patterns. We do not currently use third-party analytics or marketing tools. 3.3 Cookies and Local Storage Our website does not use tracking cookies or third-party cookies. We may use local storage to retain your language preferences and non-identifying technical settings to improve your browsing experience. These preferences are stored locally on your device and are not transmitted to our servers for profiling or tracking purposes. 3.4 Information Collected in Service Contexts If you engage with us for swimming development, coaching mentoring, programme planning, clinics, camps, audits, or consultancy services, we may collect additional information necessary to deliver those services. This information is governed by a written service agreement between you or your organization and the Company. Details of what data we collect, how we use it, and how long we retain it in a service context are provided in that agreement or on request. 4. PURPOSES FOR PROCESSING PERSONAL INFORMATION We process your personal information for the following purposes: 4.1 Website and Contact Enquiries We process contact form data to respond to your enquiries about our clinics, camps, mentoring programmes, and club consultancy services. We use your name, email address, organization, role, and message to understand your request and provide a timely, relevant response. 4.2 Website Administration and Security We process technical and log data to administer our website, ensure its security, prevent fraud or abuse, diagnose technical issues, and comply with legal obligations. This includes monitoring server performance and investigating unauthorized access attempts. 4.3 Service Delivery Where you engage us for services, we process personal information to plan, deliver, and evaluate those services in accordance with your service agreement. 5. LEGAL BASIS FOR PROCESSING 5.1 European Union Data Subjects For individuals in the European Union and subject to GDPR, we process personal information on the following legal bases: - Article 6(1)(a): Consent. We process contact form data and website preferences based on your voluntary submission and consent. - Article 6(1)(b): Contract. We process information necessary to perform services you have requested or to enter into a service agreement. - Article 6(1)(c): Legal Obligation. We process information as required by applicable law, regulation, or court order. - Article 6(1)(f): Legitimate Interests. We process technical and log data to administer our website, ensure security, and protect against misuse. 5.2 United States Data Subjects For individuals in the United States, our processing is permitted under applicable state privacy laws and the federal requirements applicable to our business. 6. MINORS 6.1 General Policy Our website is not directed at children under 16 years of age. We do not knowingly collect personal information from children under 16 through our website or contact forms without parental or guardian consent. If you believe we have collected personal information from a child under 16 without appropriate consent, please contact us immediately using the contact page. 6.2 Minors in Service Contexts Our swimming development services often involve minor swimmers. Minors may participate in our services through their clubs, families, or coaches. We do not collect personal information directly from minors through our website. Any personal information collected from or about a minor in a service context is collected and processed only under a written agreement with the responsible parent, guardian, or organization (such as a club or school). All processing of minor data in service contexts complies with applicable laws protecting children, including GDPR Article 8 (where applicable) and the laws of the relevant jurisdiction. Parents, guardians, and responsible organizations retain full control over minors' personal information and may request access, correction, or deletion as permitted by law. 7. RECIPIENTS AND PROCESSORS 7.1 Website Hosting Our website is hosted in Germany by Hetzner on company-managed servers. Hetzner acts as a data processor under a data processing agreement. Your technical data (including IP address and log information) may be stored on these servers. 7.2 Service Providers We may engage service providers and processors to support the delivery of our services. These may include email service providers, communication platforms, and tools used to administer specific programmes or clinics. Details of service providers engaged for a particular service are disclosed in your service agreement or on request. All processors are contractually bound to maintain confidentiality and comply with applicable data protection law. 7.3 Legal Disclosure We may disclose your personal information if required to do so by law, regulation, court order, or legal process, or if we believe in good faith that disclosure is necessary to protect our rights, your safety, or the safety of others. 8. INTERNATIONAL TRANSFERS OF PERSONAL INFORMATION 8.1 US-EU Data Transfers KST Swim Mentor and Coaching LLC is a United States company located in New Mexico. Personal information collected from EU and EEA residents is transferred to the United States for processing. This transfer is permitted under the following mechanisms: - Standard Contractual Clauses (SCCs): We incorporate Standard Contractual Clauses approved by the European Commission into our data processing agreements where required. - Data Privacy Framework (DPF): Where applicable, transfers may be facilitated under the EU-US Data Privacy Framework or UK Extension, provided the necessary certifications are in place. - Adequacy Decisions: We rely on any adequacy decisions adopted by the European Commission for the jurisdiction from which data is transferred. 8.2 Other International Transfers If you are outside the EU and EEA, your information may be transferred to and processed in the United States or other countries where we or our service providers operate, which may have data protection laws different from your country of residence. By providing your information, you consent to such transfers. 9. DATA RETENTION 9.1 Contact Form Enquiries Personal information submitted through our contact form (name, email, organization, role, and message) is retained for twelve months from the date of submission to allow us to respond to your enquiry and to address follow-up questions. After twelve months, this information is deleted unless you have become a service client or unless we are required to retain it by law. 9.2 Client Records and Service Data If you engage us for services, we retain your personal information for as long as the service relationship is active and for the duration required to comply with applicable legal obligations, including accounting, tax, and contractual retention periods. This may extend up to six years after the service agreement ends, or as otherwise specified in your service agreement or required by law. 9.3 Technical and Log Data Server logs and technical data are retained in accordance with standard IT security practices and are typically purged after a period of time not to exceed ninety days, unless required for security investigation or legal compliance. 10. YOUR PRIVACY RIGHTS 10.1 Rights Under GDPR (EU and EEA Residents) If you are a resident of the European Union or European Economic Area, you have the following rights under the General Data Protection Regulation: - Right of Access: You have the right to request a copy of the personal information we hold about you. - Right of Rectification: You have the right to request correction of inaccurate or incomplete personal information. - Right of Erasure: You have the right to request deletion of your personal information, subject to legal exceptions. - Right to Restrict Processing: You have the right to request that we limit how we process your personal information. - Right to Data Portability: You have the right to request your personal information in a portable, machine-readable format and to transmit it to another controller. - Right to Object: You have the right to object to processing of your personal information on grounds relating to your particular situation. - Right to Withdraw Consent: If we process your information based on consent, you have the right to withdraw that consent at any time. - Right to Lodge a Complaint: You have the right to file a complaint with your supervisory authority, including the Spanish Data Protection Authority (AEPD) if you are in Spain, or your relevant national authority. 10.2 Rights Under US State Privacy Laws Residents of California and certain other US states have rights under state privacy laws including the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA). These rights include the right to know what personal information is collected, the right to access, correct, or delete personal information, the right to opt out of the sale of personal information, and the right to non-discrimination for exercising these rights. KST Swim Mentor and Coaching LLC does not sell personal information as defined by these laws. 10.3 How to Exercise Your Rights To exercise any of these rights, please contact us using the contact form on our website at https://kstswim.com. We will respond to your request within the timeframe required by applicable law, typically within thirty to forty-five days. We may request additional information to verify your identity before fulfilling your request. 11. DATA SECURITY We implement reasonable technical, administrative, and physical safeguards to protect your personal information against unauthorized access, disclosure, alteration, and destruction. These measures include: - Secure server infrastructure in a professional data center - Encrypted transmission where appropriate - Restricted access to personal information on a need-to-know basis - Regular monitoring for security threats However, no method of transmission over the Internet or electronic storage is completely secure. While we strive to protect your personal information, we cannot guarantee absolute security. You use our website and services at your own risk. 12. CHANGES TO THIS PRIVACY POLICY We may update this Privacy Policy from time to time to reflect changes in our practices, technology, legal requirements, or other factors. If we make material changes, we will notify you by posting the revised policy on our website and updating the effective date. Your continued use of our website and services following such changes constitutes your acceptance of the revised Privacy Policy. 13. CONTACT US If you have questions, concerns, or requests regarding this Privacy Policy or our privacy practices, please contact us using the contact form available at https://kstswim.com. We do not publish a general-purpose email address; all privacy inquiries should be submitted through our website contact page. Our mailing address is: KST Swim Mentor and Coaching LLC 1209 Mountain Road Pl NE, Ste R Albuquerque, NM 87110 USA END OF PRIVACY POLICY