Privacy Policy

1. Who We Are and the Scope of the Present Policy

Rising Moon Swim Academy LLC, a Florida limited liability company ("Rising Moon," "we," "us," or "our"), provides swimming instruction to children from 18 months of age and to adults. The present Privacy Policy explains how Rising Moon collects, uses, discloses, retains, and protects personal information obtained through the website located at www.risingmoonswim.com (the "Website"), through the inquiry form published on it, and through the communications and scheduling that follow an inquiry.

Personal information, as used here, means information that identifies, relates to, or could reasonably be linked to a particular individual. Use of the Website is governed by the Rising Moon Terms of Service, and the cookies and analytics tools deployed on the Website are described in detail in the Rising Moon Cookie Policy; both documents should be read together with the present one. Websites and services operated by third parties, even when reached through a link on the Website, fall outside the scope of the present Policy.

2. Information Submitted Through the Inquiry Form

Prospective clients reach Rising Moon through an inquiry form. The form asks for the name of the person completing it, a telephone number, an email address, and the address of the pool at which lessons would take place. Where the prospective student is a child, the form also asks for the child's name and date of birth. Any further detail that you decide to include in a message, such as preferred days or the student's previous experience in the water, is received together with the form.

Each item serves a defined purpose. Contact details allow Rising Moon to reply to the inquiry, the pool address permits lesson logistics to be planned and the service area to be verified, and the student's date of birth indicates which lesson format suits the student's stage of development. Rising Moon does not ask for Social Security numbers, driver license numbers, financial account numbers, or payment card data through the Website, and requests that such information never be entered in the form.

3. Information Provided After an Inquiry

Communication about an enrollment may lead you to share further information, including the student's swimming experience, any fear of water, and medical conditions, allergies, or developmental considerations relevant to safe instruction. Rising Moon asks that details of that sensitivity be provided directly, by telephone, email, or the enrollment documents, rather than through the Website's inquiry form, because the form is intended only for the initial request for contact. Such information is used solely to adapt instruction and to protect the student's safety, is accessible only to the persons who teach or supervise the student, and is disclosed to no one else, save to emergency medical personnel when needed to protect the student's health.

Enrollment documents, lesson schedules, attendance records, and records of payments made directly to Rising Moon are also kept in the ordinary course of administering the lessons.

4. Information Collected Automatically

Visits to the Website generate certain technical information automatically. Rising Moon uses Google Analytics, a web analytics service provided by Google LLC ("Google"), to understand how visitors find and use the Website. When a page loads, your browser sends Google information that includes the address of the page visited and your internet protocol (IP) address, and Google Analytics sets first-party cookies that distinguish one browser from another and preserve session state. From that information, Google Analytics derives aggregated reports on matters such as the number of visits, the pages viewed, the time spent on them, the type of device and browser used, the website or search engine that referred the visitor, and approximate geographic location at the level of city, region, or country.

The reports that Rising Moon consults present aggregated statistics and do not display the IP address of any visitor. Consistently with the Google Analytics Terms of Service, which forbid the transmission to Google of information that Google could use or recognize as personally identifiable, Rising Moon does not send names, email addresses, telephone numbers, or information entered in the inquiry form to Google Analytics. Google's own account of the information it receives from websites using its services is available at https://policies.google.com/technologies/partner-sites, and the cookies involved are listed in the Cookie Policy.

5. Information Received Through Square

Scheduling and payments may be handled through Square Appointments, a service operated by Block, Inc. ("Square"). When you book or pay through Square, Rising Moon receives the information necessary to manage the appointment, such as your name, contact details, the service booked, the date and time selected, and confirmation of payment together with the transaction details that Square makes available to the businesses using its services. Full card numbers and card security codes are processed by Square and are not received by Rising Moon.

Square handles part of that information on behalf of Rising Moon and, in certain circumstances, processes information on its own account, for purposes such as fraud prevention and compliance with the laws applicable to payment services. Square's practices in that capacity are described in its Privacy Notice for Users Who Do Not Apply or Sign Up for a Square Account or Other Services, available at https://squareup.com/us/en/legal/general/privacy-no-account.

6. How Rising Moon Uses Personal Information

Personal information is used to respond to inquiries and to discuss the suitability, format, and scheduling of lessons; to assess whether the pool identified lies within the area served and is suitable for instruction; to enroll students, prepare lessons adapted to their age and ability, and keep attendance and progress records; to send confirmations, reminders, schedule changes, and cancellation notices; to process payments and refunds and to maintain the accounting records that the law requires; and to understand, through aggregated analytics, how the Website is used, so that its content and structure can be improved.

Information may also be used to protect the safety of students, instructors, and others; to prevent fraud and misuse of the Website; to establish, exercise, or defend legal claims; and to comply with legal obligations, lawful requests of public authorities, and court orders. Rising Moon does not use personal information for automated decision-making that produces legal or similarly significant effects, and does not create profiles of visitors for advertising purposes.

7. Information Concerning Children and Minors

Children take part in Rising Moon lessons, yet the Website itself is directed to adults, namely parents and legal guardians seeking instruction for their children and adults seeking instruction for themselves. The eligibility rules in Section 2 of the Terms of Service reserve the inquiry form to adults and require information about a minor student to come from the minor's parent or legal guardian, who, in supplying the child's name and date of birth, authorizes Rising Moon to use that information for the purposes stated in the present Policy.

Under the Children's Online Privacy Protection Act, 15 U.S.C. §§ 6501 through 6506, and the Children's Online Privacy Protection Rule, 16 C.F.R. Part 312 (the "Rule"), as amended by the Federal Trade Commission at 90 Fed. Reg. 16918 (April 22, 2025), with a general compliance date of April 22, 2026, a "child" is an individual under the age of 13, and the Rule governs the collection of personal information from a child by the operator of a website directed to children or with actual knowledge that it is collecting personal information from a child. The Website is not directed to children, and Rising Moon does not knowingly collect personal information directly from a child under 13. Should Rising Moon learn that a child under 13 has submitted personal information through the Website without the involvement of a parent or legal guardian, the information will be deleted promptly, and a parent or legal guardian who believes that such a submission has occurred is invited to write to libby@risingmoonswim.com.

The Florida Digital Bill of Rights, in section 501.702, Florida Statutes, classifies personal data collected from a known child as sensitive data, a child being an individual younger than 18 years of age. Rising Moon collects information about minor students from their parents and legal guardians rather than from the minors, never sells it, and discloses it only as described in Section 9.

8. Telephone, Text Message, and Email Communications

By submitting an inquiry, you ask Rising Moon to contact you about it. Calls, text messages, and emails that respond to that request, and those relating to an enrollment already in place, such as confirmations, reminders, and schedule changes, are service communications. Under section 501.059(1)(k), Florida Statutes, a call made in response to an express request of the person called falls outside the definition of an unsolicited telephonic sales call.

Promotional text messages or calls placed through an automated system for the selection and dialing of telephone numbers, or using a prerecorded message, will be sent only with the prior express written consent required by section 501.059(8)(a), Florida Statutes, and with the consent required by the Telephone Consumer Protection Act, 47 U.S.C. § 227, and its implementing regulations. Consent of that kind is never a condition of enrolling in lessons and may be withdrawn at any time by replying "STOP" to a text message or by writing to libby@risingmoonswim.com.

RISING MOON SWIM ACADEMY does not share mobile numbers, text messaging originator opt-in data, or consent with any third parties or affiliates for marketing or promotional purposes.

Text messaging originator opt-in data and consent will not be shared with any third parties, excluding aggregators and providers of the Text Message services.

Promotional emails, if sent, will contain the identification of the message as a solicitation where required, a clear notice of the opportunity to opt out, a functioning opt-out mechanism, and a valid physical postal address of Rising Moon, as the CAN-SPAM Act, 15 U.S.C. § 7701 et seq., and in particular 15 U.S.C. § 7704(a)(3) and (5), requires. Opt-out requests will be honored within the 10 business days allowed by 15 U.S.C. § 7704(a)(4). Service communications concerning an existing enrollment will continue for as long as the enrollment remains active.

9. Disclosure of Personal Information

Rising Moon discloses personal information only to the extent needed for the purposes described in the present Policy. Service providers receive it when they perform functions on behalf of Rising Moon, namely the provider that hosts the Website and processes the inquiry form, Google for website analytics, Square for scheduling and payments, and the provider of business email services, each of which receives only the information that its function requires. Where Google or Square processes information on its own account, its own privacy terms govern that processing, as Sections 4 and 5 explain. Instructors and personnel of Rising Moon receive the information required to prepare and deliver the lessons assigned to them.

Disclosure may also occur to professional advisers, such as accountants, attorneys, and insurers, who are bound by duties of confidentiality; to emergency medical personnel where a student's health or safety is at risk; to public authorities, courts, or other parties where required by law, subpoena, or other legal process, or where necessary to protect the rights, property, or safety of Rising Moon, its students, or others; and to a successor in the event of a merger, reorganization, or transfer of the business, in which case the successor will remain bound by the commitments made in the present Policy with respect to information already collected.

10. No Sale of Personal Information and No Targeted Advertising

Rising Moon does not sell personal information, whether for money or for other valuable consideration, does not share it for targeted or cross-context behavioral advertising, and uses no advertising cookies, social media tracking pixels, or retargeting tools on the Website. Section 501.715, Florida Statutes, requires a for-profit business that conducts business in Florida, collects personal data about consumers, and sells sensitive data to obtain prior consent and to display a notice reading "NOTICE: This website may sell your sensitive personal data." Because Rising Moon sells no personal data of any kind, sensitive or otherwise, that notice does not apply to the Website.

11. Retention and Disposal

Information received through an inquiry that does not lead to an enrollment is kept for no longer than 24 months after the last communication with the person concerned, unless a deletion request is made sooner. For enrolled students, information is kept for the duration of the relationship and thereafter for the period needed to meet tax, accounting, and other legal obligations and to establish or defend legal claims. Google Analytics keeps user-level and event-level data for the period chosen in the retention setting of the Rising Moon Analytics property, a period that for standard properties cannot exceed 14 months; aggregated reports, which identify no individual visitor, are not governed by that setting.

Records that are no longer to be retained are disposed of in the manner required by section 501.171(8), Florida Statutes, by shredding, erasing, or otherwise modifying the personal information they contain so as to make it unreadable or undecipherable.

12. Security and Breach Notification

Rising Moon takes reasonable measures to protect personal information, as section 501.171(2), Florida Statutes, requires, including password-protected accounts with the providers it uses, restriction of access to the persons who need the information to teach or administer lessons, and the selection of service providers that maintain their own security programs. No method of transmission or storage is entirely secure, however, and absolute security cannot be guaranteed.

Should a breach of security affect personal information as defined in section 501.171(1)(g), Florida Statutes, Rising Moon will notify each affected individual in Florida as expeditiously as practicable and without unreasonable delay, and no later than 30 days after determining that a breach occurred or having reason to believe that one occurred, subject to any delay or waiver authorized by the statute. Where 500 or more individuals in Florida are affected, notice will also be given to the Florida Department of Legal Affairs within the same period, as section 501.171(3)(a), Florida Statutes, provides.

13. Your Choices and Requests

You may ask Rising Moon to confirm whether it holds personal information about you or about a minor for whom you are the parent or legal guardian, to provide a copy of that information, to correct information that is inaccurate or incomplete, or to delete it. Requests should be sent to libby@risingmoonswim.com and will be answered within 30 days. Rising Moon may need to verify the identity of the requester, and of the relationship with the minor where the request concerns a child, before acting. Deletion may be limited where information must be retained to meet a legal obligation or to establish or defend a legal claim, in which case the reason will be explained.

The Florida Digital Bill of Rights, sections 501.701 through 501.722, Florida Statutes, confers enforceable consumer rights against controllers, a term defined in section 501.702 by reference to criteria that include global gross annual revenues in excess of $1 billion. Rising Moon does not meet that definition. It nevertheless honors the requests described above for every person, and residents of other states will receive any additional rights that the law of their state confers, to the extent that law applies to Rising Moon.

Choices about analytics are available at any time. You may block or delete cookies through your browser, as the Cookie Policy explains, or install the Google Analytics Opt-out Browser Add-on, available at https://tools.google.com/dlpage/gaoptout. Exercising any choice or request carries no penalty and has no effect on the price or quality of lessons.

14. Do Not Track and Browser Signals

Some browsers transmit "Do Not Track" or similar signals. No uniform standard governs how websites should respond to them, and the Website does not currently alter its behavior when it receives such a signal. Because the Website uses no advertising or cross-site tracking technology, the absence of a response does not result in your information being used for targeted advertising.

15. Where Information Is Processed

Rising Moon operates in Florida, and personal information is stored and processed in the United States by Rising Moon and by its service providers, some of which may process information in other countries under their own safeguards. The Website is intended for persons seeking swimming instruction in Florida.

16. Changes to the Present Policy

Rising Moon may update the present Policy to reflect changes in its services, in the tools it uses, or in the law. The revised Policy will be posted on the Website with a new "Last Updated" date. Where a change materially affects how personal information already collected is used, Rising Moon will notify the persons concerned by email before the change takes effect, provided that it holds their email addresses.

17. Contact

Questions, requests, and complaints concerning the present Policy may be addressed to Rising Moon Swim Academy LLC, Florida, United States, by email at libby@risingmoonswim.com. General information about Rising Moon and its lessons appears at www.risingmoonswim.com.