Information We Collect
Types of Information
When you access the Site or use the Service, we collect certain information about you including:
- information that personally identifies you including your name, address, personal identifiers, email address, phone number, address, and payment information and information that is about you but individually may not directly identify you, such as your gender, age, purchased products or services, scheduled products or services, reviews about products, services or Swell customers, electronic messages (e.g., emails, texts, webchat messages, instant messages, etc.) (“Electronic Messages”) exchanged via the Site or Service, and your employment information (collectively “Personal Information”); and/or
- information about your internet connection, the equipment you use to access the Site or Service, Site or Service interactions, and Site or Service usage details (“Communications Data”).
We may collect this information from various sources including:
- directly from you when you access or use the Site or Service (e.g., through forms on the Site, Electronic Messages, surveys, etc.);
- from third parties such as Swell customers of which you are a customer or prospective customer; and/or
- social media and other sites (e.g., Facebook®, Google®, etc.)
You may provide information to be published or displayed on the Site or transmitted to other users of the Site or third parties (collectively, "User Contributions"). Your User Contributions are transmitted to others at your own risk. We cannot control the actions of other users of the Site with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.
When you navigate through and interact with the Site, we may use automatic data collection technologies to collect Personal Information and/or Communications Data.
In addition, we use third-party web analytics services to help us understand your use of the Site and the popularity of certain content so we can improve your experience. For more information on our use of third-party analytics services, see Third Party Providers below.
Cookies and Other Tracking Technologies
Technologies we use for automatic data collection may include cookies. A cookie is a small file placed on the hard drive of your computer. Pages of our Site and our emails may also contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single pixel gifs) that permit us, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
We do not control these third parties' tracking technologies or how they may be used. If you have any questions about any targeted content, you should contact the responsible provider directly.
How We Use the Information We Collect
We may use information we obtain about you, or that you provide to us:
- to send and receive Electronic Messages;
- for user support;
- to send you the information or materials you requested;
- to maintain records;
- to communicate with you about our products, services, offers, and promotions;
- to operate, evaluate, and improve our business and the products and services we offer;
- to analyze trends and statistics regarding use of the Service and transactions conducted using the Service;
- to protect against and prevent fraud, unauthorized transactions, claims, and other liabilities, and manage risk exposure, including by identifying potential hackers and other unauthorized users;
- to adhere to our terms of service, service agreements, and other agreements;
- to comply with applicable legal requirements and industry standards;
- to process and fulfill orders;
- for any other purpose for which you provide your consent.
We may also use your information to contact you about our goods and services or third-party goods and services that may be of interest to you. If you do not want us to use your information in this way, please email email@example.com . For more information, see Your Choices.
How We Share Your Personal Information
We may disclose aggregated information about our users, and information that does not identify any individual user, without restriction.
- to our subsidiaries and affiliates;
- to contractors, service providers, and other third parties we use to support our business;
- to comply with any court order, law, or legal process, including to respond to any government or regulatory request;
- to enforce or apply our Terms of Service and other agreements;
- if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Swell, users of the Site or Service, and/or others;
- for any other purpose which is incidental to the normal use of the Service; and
- for any other purpose for which you provide your consent.
Third Party Providers
Third Party Providers may include, but are not limited to, the following:
Payment Processors. We use Third Party Providers to process payment transactions initiated via the Service. Your payment card details are not stored by the Site or the Service. If you purchase a subscription to the Service, your payment card details are encrypted and securely stored by our third-party payment processors to enable Swell to automatically bill your payment card on a recurring basis. We currently use the following third party payment processing services:
- Stripe. You can learn about Stripe’s privacy practices at https://stripe.com/privacy
- Quickbooks. You can learn about Quickbooks’ privacy practices at https://www.intuit.com/privacy/
Analytics. We may use Third Party Providers to monitor and analyze the use of our Site.
- Google Analytics. Google Analytics is an independent web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Site. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network. You can learn about Google’s privacy practices at https://www.google.com/intl/en/policies/privacy.
You may opt out of the aggregation and analysis of data collected about you on our Site by Google Analytics by downloading the Google Analytics opt-out browser add-on, available at https://tools.google.com/dlpage/. Please note that if you opt out, analytics companies other than Google Analytics may continue to aggregate and analyze data collected about you on the Site.
- Mixpanel. Mixpanel may be used to track how users interact with our Site. You can learn about Mixpanel’s privacy practices at https://mixpanel.com/legal/privacy-policy/.
For information on how you may opt out of the aggregation and analysis of data collected about you on our Site by Mixpanel, please visit https://help.mixpanel.com/hc/enus/articles/360001113426-Opt-Out-of-Tracking.
- Hubspot. Hubspot may be used to track and analyze traffic to and from the Site. You can learn about Hubspot’s privacy practices at https://legal.hubspot.com/privacy-policy.
For information on how you may opt out of tracking by Hubspot, please visit https://knowledge.hubspot.com/reports/customize-your-cookie-tracking-settings and-privacy-policy-alert.
Other Service Providers. We also use Third Party Providers for marketing, technical, operational, and other services, including as follows:
- Amazon Web Services. Amazon Web Services may be used to store data in an encrypted environment. You can learn more about AWS’s privacy practices at https://aws.amazon.com/privacy/
Swell takes protecting your information seriously and implements reasonable measures to secure your Personal Information from accidental loss and from unauthorized access, use, alteration, and disclosure. However, the safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to the Service or certain parts of the Site, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Site like message or comment boards. The information you share in public areas may be viewed by any user of the Site.
Please note that the electronic transmission of information is not completely secure. We cannot guarantee that the security measures we have in place to safeguard Data and/or other information will never be defeated or fail, or that such measures will always be sufficient or effective. Any transmission of Data and/or other information is at your own risk.
Information and Data Transfers
The Service is administered by Swell in the United States. When we obtain information about you through your access to or use of the Site or Service or when you input or import Data to the Service from somewhere other than the United States, we may transfer, process, and store such information and Data in the United States. If you access the Site and/or Service from outside the United States, you do so on your own initiative, at your sole risk, and you are responsible for compliance with all applicable laws. If you are a non-United States resident and provide us with your Personal Information, or if you use the Service, you consent to the transfer to and processing of such information and any Data in the United States, which may have data protection laws less stringent than those in the country in which you reside. Additionally, if any Data or other information you provide to us includes the Personal Information of your clients, you confirm that you have all necessary authority and consents to transfer such Data to us.
We strive to provide you with choices regarding the Personal Information you provide to us. We have created mechanisms to provide you with the following control over your information:
Electronic Messages from Swell. Swell sends billing information, information about products or services, support information, Service updates, Service notifications, and other items to you via Electronic Messages. Promotional Electronic Messages will contain instructions describing how you can opt out of receiving future promotional communications from us. If you opt out of promotional Electronic Messages, you may continue to receive non-promotional, transactional emails from us.
Electronic Messages from Swell Customers. Swell customers (third parties) can use Swell’s platform to send Electronic Messages to you about payment reminders, scheduling and appointment information, information about their products or services, support information, and other items. Swell Customers are solely responsible for the consent, content, legal compliance, appropriateness, timing, or frequency for/of any such Electronic Messages. Please directly
contact the Swell customer responsible for sending the Electronic Messages with any questions, comments, or complaints about any such Electronic Messages.
How We Respond to Do Not Track Signals
Third Party Applications and Websites
Accessing and Correcting Your Information
Your Personal Information is accessible through and may be reviewed and changed by logging in to your user account. You may also send us an email at firstname.lastname@example.org to request access to, correct, or delete any Personal Information that you have provided to us. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect. If you are a registered user of the Service, you can also review and change your Personal Information by logging into the Service and visiting your user account profile page.
If you delete your User Contributions from the Site, copies of your User Contributions may remain viewable in cached and archived pages, or might have been copied or stored by other Site users. Proper access and use of information provided on the Site and Service, including User Contributions, is governed by our terms of service.
Privacy of Children
The Site and Service are not intended for or directed to children. No one under age 13 (or, with respect to residents of Europe or where so required by applicable law, under age 16) (the “Consent Age”) may provide any information to or on the Site or Service. Swell does not knowingly collect or solicit Personal Information from children under the Consent Age. If you are under the Consent Age, do not use or provide any information on the Site or through the Service or any of its features, register on, make any purchases through, or use any of the interactive or public comment features of the Site or Service, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received Personal Information from a child under the Consent Age, we will delete that information. If you believe we might have any information from a child under the Consent Age, please contact us at email@example.com . Notwithstanding the foregoing, Swell may store information about children under the Consent Age in connection with the Service where consented to by the appropriate parent or guardian.
Your California Privacy Rights
California law grants additional privacy rights to California residents. In particular, the California Consumer Privacy Act (CCPA) requires businesses to disclose, for the past 12 months, (i) the
categories of Personal Information collected, (ii) the sources of the collected Personal Information, (iii) the purposes for which the collected Personal Information is used, (iv) the categories of Personal Information disclosed for a business purpose, and (v) the categories of any Personal Information sold. Swell provides these disclosures in the following table. (Note that Swell does not sell any Personal Information, even under the broad CCPA definition of a “sale.”)
California residents also have the rights described below. We will not discriminate against any California resident who exercises these rights.
Right to access/know your information. You may request from us a list of (i) the Personal Information that we have collected about you, and (ii) the categories of third parties to whom we have disclosed your Personal Information. You have the right to up to two (2) access requests each twelve (12) months.
Right to delete your information. You may request, at any time, that we delete your information and direct our service providers to delete your information from their records.
You may contact us to exercise these rights at firstname.lastname@example.org. To ensure the privacy and protection of individuals, we are required to verify your identity (or that of your authorized agent) or otherwise authenticate your request(s), which we will do in accordance with the CCPA regulations. Please note that, under the CCPA, we are not required to grant a request to access/know or a request to delete with respect to Personal Information obtained from you in your role as an employee, owner, director, officer or contractor of a company and within the context of Swell providing its services to such company.
Your European Privacy Rights
If you are a resident of the European Union, you are entitled to certain information and have certain rights under the General Data Protection Regulation (Regulation (EU) 2016/679) (the “GDPR”). Those rights include:
- the right of access to your information.
- the right to rectify your information if it is incorrect or incomplete.
- the right to have your information erased (“right to be forgotten”) if certain grounds are met.
- the right to withdraw your consent to our processing of your information at any time (if our processing is based on consent).
- the right to object to our processing of your information (if processing is based on legitimate interests).
- the right to object to our processing of your information for direct marketing purposes.
- the right to receive your information from us in a structured, commonly used and machine readable format, and the right to transmit your information to another controller without hindrance from us (data portability).
If you are located in the European Union and you are or have been a user of our services (including the Service), we may send you marketing communications based on our legitimate interests, subject always to your right to opt out of such communications. Further, if you are located in the European Union, we will never share your information with a third party for such third party’s marketing purposes, unless you have specifically consented to us doing so.
You may contact us at email@example.com to exercise any of the above rights. We may request specific information from you to confirm your identity, and in some circumstances, we may charge a reasonable fee for access to your information.
Furthermore, if you believe that our processing of your information is inconsistent with your data protection rights under the GDPR and we have not adequately addressed your concerns, you have the right to lodge a complaint with the data protection supervisory authority of your country.
For purposes of the GDPR, we are a “controller” and you are a “data subject.”
Treatment of Google User Data
Notwithstanding anything to the contrary herein, if you provide the Service access to certain types of your Google data, the Service’s use of that data will be subject to these additional restrictions:
The Service will only use access to read, write, modify or control Gmail message bodies (including attachments), metadata, headers, and settings to provide a web email client that allows users to compose, send, read, and process emails and will not transfer this Gmail data to others unless doing so is necessary to provide and improve these features, comply with applicable law, or as part of a merger, acquisition, or sale of assets.
The Service will not use this Gmail data for serving advertisements.
The Service will not allow humans to read this data unless we have your affirmative agreement for specific messages, doing so is necessary for security purposes such as investigating abuse, to comply with applicable law, or for the Service’s internal operations and even then only when the data have been aggregated and anonymized.
SocialSwell, Inc (DBA Swell)
6550 S Millrock Suite 165
Holladay, UT 84121