Privacy Policy - SwiftConnect

1 OVERVIEW AND SCOPE

1.1 ABOUT US

SwiftConnect Inc. (“SwiftConnect“, “we“, “our“, or “us“) provides a hybrid work solution that matches the right people to the right space, at the right time, with access control and permissioning at the core.

SwiftConnect digitizes and automates the physical workplace, beginning with providing conditional universal access across any location wherever you are. Our solution grants companies the power of flexible space usage. The solution gives companies and employees adaptable scheduling, fluid visitor management, variable space usage, as well as space analytics.

1.2 OVERVIEW

This Privacy Policy describes the information that we collect from you via our website (“Website” or “Site“), our SaaS platform (“Platform“), as well as all related mobile and desktop applications, widgets, SDKs, software, tools, APIs, and other services provided by us (collectively, together with the Website and Platform, our “Service“) or other means. This Privacy Policy also describes our use and disclosure of such information.

1.3 SCOPE OF THIS PRIVACY POLICY

Our Privacy Policy applies to anyone using the Service (collectively, “you“). Please note, however, that this Privacy Policy does not apply to the extent that you have entered into an agreement, privacy policy, or other terms with one of our customers (a “Customer“), and we process your Personal Information in the role of a service provider or a data processor for such Customer. In our role as a service provider or a data processor, we will solely process your Personal information as necessary for us to provide the applicable services to our Customer. By way of example, this Privacy Policy will not apply to you in the following circumstances:

Your employer or potential employer provides us with your Personal Information, as necessary for us to connect to, enable, or otherwise utilize the single sign-on (SSO) or other authentication or access credentialing method implemented by our Customer.
The landlord, property management company, or other relevant party where you live, work, or visit provides us with your Personal Information, as necessary for us to connect to, enable, or otherwise utilize the authentication or access credentialing method implemented by our Customer.
We collect your Personal Information directly from you, as requested or permitted by, or otherwise on behalf of, our Customer for the purposes of verifying your identity, enabling your use of our mobile app or other technology, and otherwise enabling the services and technology we provide to Customers.
We share your Personal Information (whether provided by our Customer or obtained directly from you) with third parties as required to fulfill the services we provide to our Customer. These third parties may include the third party providers of your mobile wallet, an SSO platform, access control system, other third party apps or services used by our Customer, or our hosting services.

In such context, the applicable Customer, and not SwiftConnect, is responsible for, and controls, the processing of your Personal Information, subject to the agreement, privacy policy, or other terms between you and such Customer, and not this Privacy Policy.

Please contact the applicable Customer if you have inquiries regarding the Personal Information that we may have collected or otherwise processed on behalf of such Customer, or if you would like to exercise any rights that you may have with respect to such Personal Information under Applicable Law.

2 YOUR CONSENT TO THIS PRIVACY POLICY

You indicate your consent to this Privacy Policy in different ways, depending on your relationship with us, as set forth below. Please read this Privacy Policy carefully; once you consent to this Privacy Policy and its terms, it creates legal obligations on you and on us.

2.1 CONSENT BY NON-REGISTERED USERS

We have structured our Service so that you are able to view certain information available on our Service and use certain of our Services without registering an account with us. By accessing, downloading, or otherwise using our Service as a non-registered user, you are acknowledging that you have read and understood this Privacy Policy and agree to be legally bound by it. In order to participate in certain Services, we may require you to affirm your consent to and understanding of this Privacy Policy using additional methods that we specify during the applicable process.

2.2 CONSENT BY REGISTERED USERS

We may make certain of our Services available only to users who have registered with us to create user accounts (“Registered Users“). To participate in the Services as a Registered User, you must: (i) complete the registration process at our Platform; and (ii) indicate your consent to this Privacy Policy in the manner we specify during the registration process.

2.3 CONSENT BY USER ACTING IN A REPRESENTATIVE CAPACITY

If you are agreeing to our Privacy Policy on behalf of a company or other legal entity (“Your Organization“), then (i) you represent and warrant that you have authority to act on behalf of, and to bind, Your Organization, and (ii) for all purposes in this Privacy Policy, the term “you” means Your Organization on whose behalf you are acting.

2.4 RIGHT TO WITHDRAW CONSENT

You have the right to withdraw your consent at any time, as set out in this Privacy Policy, including by contacting us at support@swiftconnect.io.

3 THE INFORMATION WE COLLECT

The information that we collect about you falls into certain categories as further described in this Section 3(The Information We Collect). This information consists of the following:

3.1 PERSONAL INFORMATION

“Personal Information,” as used in this policy, is information that identifies you as an individual. The Personal Information we collect may include the following categories of information:

Your name, email address, and password;
Your other contact information, including a mailing address and phone number;
Your date of birth;
Your company, employee ID, organization, division, department, manager, and other details;
Geolocation Information;
Access control event data collected or that we may determine based on your interaction with our Service or devices connected to our Service, such as when you use (or attempt to use) a door, turnstile, other entry point, or other device requiring physical identity verification (e.g., printer), including associated location and timestamp information.

3.2 ONLINE ACTIVITY INFORMATION; ANONYMOUS INFORMATION

Our Platform also collects, processes, and/or uses information that does not identify you or your devices, including Personal Information that has been made anonymous by: (i) removing identifying fields and aggregating the information with other information so that individual subjects of the information cannot be re-identified, or (ii) anonymizing the information with techniques that remove or modify the identifying data so as to prevent re-identification of the anonymized information (collectively, “Anonymous Information“). Information that meets these criteria might include, for example, demographic information, statistical information (e.g., page views and hit counts), and general tracking information. We may use and disclose Anonymous Information, for various purposes, including for our business operations. Please note that because Anonymous Information does not include Personal Information, Anonymous Information is outside the scope of this Privacy Policy.

We also collect technical and device-related information through our Platform (collectively, “Online Activity Information“). Online Activity Information is typically collected automatically by technical means and may consist of the following:

Device identifiers;
Device information, such as hardware and software settings;
IP addresses and log information, such as your device’s name, the type and version of your web browser, and referrer addresses that can function to identify a user device; and
Tracking information that we, or a third party, may collect, including via Cookies (as further explained in Section 7 (Cookie Privacy Policy)).

To the extent that statutes, regulations, and any other laws that apply to the Services (collectively, “Applicable Law“) establish that Online Activity Information constitutes Personal Information, and such Applicable Law applies to information we collect from you, then we will treat the relevant Online Activity Information as Personal Information. In addition, sometimes Online Activity Information can be associated with your Personal Information, in which case we will treat it as Personal Information (as described in Section 3.3 (Treatment of Combined Information)). Otherwise we consider, and treat, Online Activity Information as Anonymous Information.

3.3 TREATMENT OF COMBINED INFORMATION

To enable us to better understand the characteristics of our users and/or to provide Services tailored to your needs, we may link your Personal Information with Online Activity Information associated with you or other Anonymous Information. If we combine Online Activity Information or Anonymous Information with Personal Information, then we will treat the resulting combination as Personal Information.

4 HOW WE COLLECT THIS INFORMATION

4.1 PASSIVE INFORMATION COLLECTION

Our primary purpose in collecting Personal Information is to provide you with a safe, seamless, efficient, and customized experience. This allows us to provide services and features that are most suited to meet your needs, and to customize our Service to make your experience safer and easier to use.

When you use the Service, some information may be automatically collected, such as your IP address, browser type, system type, the content and pages that you access on the Site, “referring URL” (i.e., the page from which you navigated to the Site), the pages you navigate to on the Site, and from which you leave the Site, as well as the time you spend on the Site. These technologies provide us with Anonymous Information, including Online Activity Information and, in certain instances, Personal Information.

We collect this information passively using technologies such as standard server logs, SDKs, Cookies, and clear GIFs (also known as “web beacons”). We use passively collected information to administer, operate, and improve the Site and our other services and systems, and to provide services and content that are tailored to you. If we link or associate any information gathered through passive means with personal information, we treat the combined information as personal information under this policy. Otherwise, we use information collected by passive means in a non-personally identifiable form only.

You always have the option to not provide information by choosing not to use the Service or by not using the particular feature of the Site for which the information is being collected.

4.2 COLLECTION OF VOLUNTARILY PROVIDED INFORMATION

We may collect Personal Information provided to us in a variety of ways through our Service. Specifically, we collect the above information through the following means and technologies:

4.2.1 REGISTRATION

To register an account with us, you will need to provide us with certain information, including Personal Information. We will use this information to set up your account, authenticate your sign-on information, and to manage other functionalities relating to your account.

4.2.2 PAYMENTS; SHIPPING

When you make payments or perform other transactions with us, you must use the payment processing methods that we have implemented. We will collect your transaction information from the third party payment processor(s) that we have authorized to collect such information from you on our behalf. For more information on our privacy practices with respect to our service providers, please refer to Section 6 (Disclosure of Personal Information). The payment information that our payment processor will collect from you during this process may include your bank account or other financial account information, credit card number, the expiration date of your credit card, transaction amount, date of transaction, and payment method. The payment processor may also collect certain Personal Information from you, such as your name and billing address. Please note that different payment processing methods may require you to provide different categories of information.

4.2.3 SUBMITTED CONTENT

Please understand that, if you include Personal Information in comments, posts, or other content via public forum available on the Service, others will be able to read, collect, republish, and otherwise freely use the information. We are not responsible for Personal Information you decide to include in such content, and we will not take down, remove, or edit such content, except as required by Applicable Law. If you include in any Personal Information relating to others in such content, you represent that you have full permission and authority to do so.

4.2.4 CONTACTING US

You can contact us with using the contact methods available on our Service, using the information provided in Section 17 (Contacting Us), or other methods. In order to communicate with us, you must provide certain Personal Information.

4.2.5 JOB APPLICATIONS AND INQUIRIES

You may submit to us Personal Information in connection with job applications and if you have questions for us. In each case, we collect the information you submit to us for various purposes, including to respond to your inquiries or to consider your candidacy for our employment opportunities.

4.2.6 INFORMATION PROVIDED TO THIRD PARTIES

As explained further in Section 6 (Disclosure of Personal Information), we may engage third parties to perform certain services for us or on our behalf. For example, the forms on our Service may be managed by such third parties, and we may obtain from the applicable service provider the information that you provide using such forms.

4.2.7 NEWSLETTERS

We will, if you have given us your consent and in line with your choices, provide you with information by post, telephone, email, which may be of interest to you in respect of the Service. We will only provide you with marketing communications if you would like us to.

4.2.8 QUESTIONNAIRES AND SURVEYS

Our Platform may allow you to participate in surveys and questionnaires, which we may post on the Platform from time to time or otherwise send to you via the contact information that you provide to us. You are free to choose whether you participate in a survey or questionnaire. We may ask that, in addition to providing your responses, you also provide Personal Information. In these instances, we use any information that you provide to us for the purposes for which you submit the information. Survey and questionnaire information may be used for the purposes of monitoring or improving the use and appeal of our Platform or for other business purposes.

4.2.9 GEOLOCATION INFORMATION

Our Platform may determine your location (your “Geolocation Information“) using your device or browser features and/or through the information provided by a third party. You may prevent providing your Geolocation Information by disabling the GPS and other applicable features in your device or browser settings. To the extent your Geolocation Information is combined with any Personal Information (to the extent that Geolocation Information itself does not constitute Personal Information under Applicable Law), we will treat it as Personal Information. We may use your Geolocation Information to send communications to you, and for other purposes set out in this Privacy Policy.

4.3 COLLECTION OF PERSONAL INFORMATION OFFLINE

We may ask you to provide us with Personal Information via offline interactions, using: (i) in person communications and interactions with us; (ii) paper forms; and (iii) other information you provide to us in person or via mail, email, fax, telephone, or other means. Personal Information we collect in this manner may include, for example, your name, username, email address, and other identifying information. If you provide information to us at our request, then we will strive to provide you with either verbal and/or written notice of this Privacy Policy upon your request for a copy of the Privacy Policy. We treat any information that you provide to us as Personal Information under this Privacy Policy.

5 USE OF PERSONAL INFORMATION

We use Personal Information to provide services and information that you request to provide to you the services offered by the Service; to enhance, improve, operate, and maintain the Service, our programs, and other aspects of our business; to prevent fraudulent use of the Service; measure interest in our products and services, inform you about our products, services, events and updates; deliver information to you that, in some cases, is relevant to your interests, such as product news; customize your experience; to maintain a record of our dealings with you; for other administrative purposes; detect and protect us against error, fraud and other criminal activity; enforce our licensing and terms of use; provide you with system or administrative messages, and as otherwise described to you at the time of collection.

We may also use Personal Information to improve our marketing and promotional efforts, to analyze Service usage, to improve our content and product offerings, and to customize the Service, content, layout, and other aspects. These uses improve the Service and better tailor it to meet your needs, so as to provide you with a safe and customized experience while using the Service.

We may also use Personal Information to contact you regarding our products and services and send you newsletters. Out of respect for your privacy, we provide you a way to opt-out from receiving marketing communications as described below.

In addition to the uses specifically identified above, there may be instances where you request information and services from us that are not described in this Privacy Policy. In our discretion, we can use information that you submit in order to provide such information and services.

6 DISCLOSURE OF PERSONAL INFORMATION

We will not disclose your Personal Information to third parties without your consent, other than as described in this Privacy Policy.

We may disclose Personal Information to third-party service providers (e.g., data storage and processing facilities) to perform functions on our behalf. We limit the Personal Information provided to these service providers to that which is reasonably necessary for them to perform their functions. The following are examples:

Our Service may include links to third party websites or forms offering services that augment the Service.
We may use service providers to: (i) process payment transactions; (ii) provide customer service (where applicable); (iii) process and distribute email and newsletters; (iv) manage marketing and similar activities; (v) provide you with access to various portals and platforms on which to perform activities; and (vi) receive assistance in organizing and hosting our events and programs. These service providers generally require access to your Personal Information in order to perform these services.
We may use analytics service providers to assist us in understanding and using Online Activity Information and other information that we collect via the Service.
We may use service providers to anonymize and aggregate Personal Information in order to generate Anonymous Information.
We may engage service providers to analyze the interests and attributes of our users and, using techniques based on Anonymous Information and Online Activity Information, identify others who might share those interests and attributes. We then use this information to reach out to relevant market segments to provide them information concerning the Service.

We may also disclose your personal information (a) to any governmental authority as part of an investigation to determine our compliance with any Applicable Law, rule, or regulation (including privacy laws, rules, and regulations), (b) in response to a court order, subpoena, discovery request, or other lawful judicial or administrative proceeding, (c) as otherwise required under any Applicable Law, rule, or regulation, and (d) in good faith, to protect or defend the rights or property of SwiftConnect, or the rights of others. While you are not able to opt out of this use of information, we will take reasonable steps to limit such use, and disclose only the information we reasonably believe is necessary for the above purposes. If we receive legal process calling for the disclosure of your Personal Information, then we will attempt to notify you within a reasonable amount of time, unless such notification is not permitted.

In addition, we may from time to time use the services of affiliates, subsidiaries and unrelated service providers in the operation of the Site and may disclose personal information to them in the course of our use of their services. For example, we may use the services of third-party hosting companies to host the operation of the Site. This may involve the hosting of data, including personal information, on servers operated by those hosting companies. We take care to use only service providers that we believe are reputable and able to live up to our and your expectations, including about the handling of confidential information. By “affiliate” we mean an entity that is closely related to us, such as an entity that controls, is controlled by, or is under common control with us, including Ipseity Technologies Inc. Our affiliates will be bound by the terms of this Privacy Policy.

Lastly, we may disclose Personal Information as part of any merger, acquisition, debt financing, sale of company assets, or similar transaction, as well as in the event of an insolvency, bankruptcy, or receivership in which Personal Information could be transferred to third parties as one of our business assets.

7 COOKIE PRIVACY POLICY

This section provides our cookie policy (“Cookie Privacy Policy“) and describes how we use Cookies (as defined below) and similar technologies.

7.1 COOKIES

Cookies are small pieces of data that are stored on your computer, mobile phone, or other device when you first visit a page. We use cookies, web beacons and similar technologies (collectively, “Cookies“) to enhance your user experience, understand your usage of the Website and to perform analytics. Cookies may also be set by other websites or services that run content on the page you are visiting. The provision of your data via Cookies is voluntary except for those Cookies that we place on your device that are strictly necessary for Website features requested by you. We use “session cookies” and “persistent cookies.” Session Cookies are temporary Cookies that remain on your device until you leave the Website. A persistent Cookie may remain on your device for much longer until you manually delete it.

7.2 USE

Cookies can contain the following information about you and your use of the Website: browser type, search preferences, data relating to which pages of the Website that you have visited and the date and time of your use. We use Cookies for the following purposes:

To enable and support security features, prevent fraud, and protect your data from unauthorized access.
To enable features and help us provide you with personalized content.
To analyze how you use the Website and to monitor site performance. These Cookies help us to identify and fix errors, understand and improve services, research and test out different features, and monitor how you reached the Website.

7.3 THIRD-PARTY COOKIES

We use the following third-party Cookies on the Site:

Cookie	Type of Use	How it is used
_ga	Statistics	To store and count pageviews
_ga_*	Statistics	To store and count pageviews
__zlcmid	Functional	To store a unique user ID

7.4 CONSENT

We will ask for your consent before we place cookies on your device, except for cookies that are strictly necessary for Website features requested by you. You can revoke consent at any time by configuring your preferences through your browser and/or device. You can also delete all cookies that are already on your computer and you can set most browsers to prevent them from being placed. If you do this, however, you may have to manually adjust some preferences every time you visit a site and some services and functionalities may not work as intended by us.

8 USE OF OTHER PERSON INFORMATION

With respect to the Personal Information of other persons that you collect, use, and disclose via the Service, you represent and warrant that you have all necessary consents and rights to collect, use and disclose the Personal Information in such manner.

9 U.S. STATE-SPECIFIC NOTICES REGARDING YOUR PRIVACY RIGHTS

9.1 ACCESS, DELETION, AND DO-NOT-SELL REQUESTS

We provide the following additional rights with respect to our collection, use, disclosure, or sale (if applicable) of your Personal Information where required by Applicable Laws (such as for California residents) or as otherwise appropriate in our reasonable discretion:

You may request a copy of the following: (i) the categories of Personal Information we collected about you in (at least) the last 12 months; (ii) the categories of sources from which the Personal Information is collected; (iii) the business or commercial purpose for collecting or selling (if applicable) the Personal Information; (iv) the categories of third parties with whom we share Personal Information in (at least) the last 12 months; and (v) the specific pieces of your Personal Information we have collected, used, or disclosed.
You may request that we (and our service providers) delete your Personal Information. Note that deletion requests are subject to a number of limitations, for example, we may keep Personal Information as permitted by law, such as for tax or other record keeping purposes, to maintain an active account, to process transactions and facilitate customer requests, and for other internal business purposes described in this Privacy Policy.
You may request that we do not share your Personal Information with third parties to be used for purposes not described in this Privacy Policy. The California Consumer Privacy Act refers to this as a “Do Not Sell” request. We only share Personal Information with others described above for purposes identified in this Privacy Policy, but Online Activity Information or Anonymous Information collected by our service providers providing pixels or other third party technologies on our Website could potentially be used by such parties for their own purposes, some of whom may be able to associate such information with you based on other information they have collected independently (not from us). We will endeavor to block such sharing upon request.

You can submit any of these requests at swiftconnect.io/datarequest, or by emailing us at the address provided in Section 17 (Contacting Us). You may authorize another person (your “Agent“) to submit a request on your behalf the same way. Shortly after you (or your Agent) submit a request, we will contact you (usually via email) with instructions on how to verify the submitted request before we fulfill it. Please be advised that these requests are unrelated to an opt-out of marketing communications, which can be done as provided in this Privacy Policy. Please note that in addition to submitting privacy requests as described here, you can opt-out of our use of third party advertising technology on your device by configuring settings on your browser and/or device.

We will fulfill your requests in its reasonable discretion and as may be required by Applicable Law.

9.2 CALIFORNIA SHINE THE LIGHT DISCLOSURE

California law requires certain businesses to respond to requests from California users who ask about business practices related to disclosing Personal Information to third parties for their own direct marketing purposes. The California “Shine the Light” law further requires us to allow California residents to opt out of certain disclosures of Personal Information to third parties for their own direct marketing purposes.

9.3 CALIFORNIA DO NOT TRACK NOTICE

Our Website does not change its behavior when receiving “Do Not Track” signals from browser software, and handles all Personal Information consistent with this Privacy Policy.

9.4 OTHER CALIFORNIA DISCLOSURES

We do not provide a financial incentive or a price or service difference to customers in exchange for the retention or sale of their Personal Information. We may send promotions and other offers to those individuals subscribing to our marketing communications and, unless an individual has opted out of such communications, the individual will continue to receive such communications irrespective of whether a disclosure, deletion, or “Do Not Sell” request has been submitted. We do not offer financial incentives to deter customers from making such requests.

We may not discriminate against any customer for exercising their privacy rights.

If you are a job applicant submitting Personal Information to us in connection with an application for employment, you will be provided with a privacy notice regarding how we handle such information as part of the application process.

If you have any questions about our privacy practices, including in connection with the California Consumer Privacy Act, please contact us as directed in Section 17 (Contacting Us) below.

9.5 NEVADA DISCLOSURE

For Nevada residents, please note that we do not sell personal information as defined by Nevada law. You can submit a request to us as set out in Section 17 (Contacting Us) below.

10 NOTICES REGARDING YOUR PRIVACY RIGHTS UNDER THE GDPR

Regulation (EU) 2016/679 (General Data Protection Regulation) (“EU GDPR“) may apply to you when you are located in the European Economic Area (“EEA“), i.e., the European Union, Iceland, Liechtenstein and Norway when accessing our website or being offered products or services by us. It may also apply where your data is processed by one of our affiliates or other establishments in the EEA. Likewise, the UK General Data Protection Regulation tailored by the Data Protection Act 2018 (“UK GDPR“) may apply to you when you are located in the United Kingdom of Great Britain and Northern Ireland (“UK“) under the same circumstances.

In this Section 10.3 (Notices Regarding Your Privacy Rights under the GDPR), we refer to both the EU GDPR and the UK GDPR as “GDPR“. We provide the following additional rights with respect to our collection, use, disclosure, or other processing of your Personal Information where such rights apply to you, as required by GDPR or as otherwise appropriate in our reasonable discretion.

10.1 LEGAL BASIS FOR PROCESSING

For purposes of the GDPR, the legal basis for the processing of your Personal Information is as follows:

Where we use your Personal Information in connection with our business operations, the processing is generally necessary for the performance of a contract to which you are a party or in order to take steps at your request prior to entering into a contract. Where you are not our actual customer but a contact person of our customer, the legal basis our legitimate interest to communicate with our customer through you.
Where we use your Personal Information for internal administration, auditing, operation, and troubleshooting in connection with our business operations, the processing is generally based on our legitimate interest to (i) operate and improve our business efficiently; (ii) to enforce any of our terms and conditions or policies; or (iii) to pursue available legal remedies or defend legal claims. We may also ask for your consent to obtain additional information, in particular in connection with the operation of our Website and the use of Cookies.
For the use of your Personal Information to provide you with information about our business operations and the Service, the legal basis is generally our legitimate interest to promote our business. Notwithstanding, if you request more concrete information, the processing may also be necessary to take steps prior to entering into a contract. For notices required by law, the processing of your Personal Information is necessary for compliance with such legal obligation.
The use of your Personal Information for safety and security purposes is generally based on our legitimate interest in ensuring said safety and security. In some situations, there may also be a legal obligation to implement such measures.
In other cases where we need to comply with a legal obligation, the processing is based on the necessity to comply with such obligation.
Where we use your Personal Information to communicate with you, the legal basis will be one of the above depending on the purpose of such communication.
Where we seek your consent for other purposes, the legal basis is, naturally, consent.

Where we have a legal basis to use your Personal Information without consent (as we have described above), this Privacy Policy fulfils our duty to process Personal Information fairly and lawfully and in a manner that you would expect given the nature of our relationship with you, by giving you appropriate notice and explanation of the way in which your Personal Information will be used.

Where consent is required for our use of your Personal Information as described above, we will request your consent. Typically, we would collect your consent by you performing an action such as ticking the appropriate consent box or otherwise communicating your consent to us (for example, by email or by you providing us with non-mandatory information), you consent to our use of that Personal Information as set out in this privacy statement. For example, we will only process your Personal Information for marketing purposes if we have your consent to do so.

We do not sell your Personal Information to third parties and only share your information as described in this Privacy Policy.

10.2 TRANSFERS TO THIRD COUNTRIES

We operate in the United States, and will process your Personal Information there, as well as in other countries outside the EEA or, respectively, the UK (“Third Countries“). We may also disclose your Personal Information to affiliates and third parties in Third Countries.

If we disclose Personal Information to recipients in Third Countries, we may rely on an adequacy decision of the European Commission that confirms that the laws of the Third Country in question provide for an adequate protection of Personal Information.

For other Third Countries, we will take steps to protect your privacy and fundamental rights in accordance the GDPR, and arrange for additional safeguards. Such safeguards will typically be based on a contract that binds the recipient in the Third Country to adhere to data protection standards similar to those under the GDPR. We will usually rely on the standard contractual clauses pre-approved by the European Commission or on other clauses approved by a competent data protection authority. If available, we may also rely on so-called binding corporate rules of the recipient approved by a competent data protection authority. These safeguards will generally include you as a third-party beneficiary, allowing you to enforce the data protection standards directly against the recipient. In order to obtain a copy of the safeguards used for a recipient, you may contact us using the contact information provided in Section 17 (Contacting Us).

10.3 YOUR GDPR RIGHTS

Under the GDPR, you have the following rights in relation to your Personal Information, where such rights apply to you, as required by GDPR or as otherwise appropriate in our reasonable discretion:

The right to request access to information regarding our processing of your Personal Information;
The right to obtain rectification of any Personal Information that is inaccurate;
Under certain circumstances, the right to obtain the deletion of Personal Information, or the restriction the processing of Personal Information;
Under certain circumstances, the right to receive a copy in a structured, commonly used and machine-readable format (data portability);
Where processing is based on your consent, the right to withdraw consent at any time, without affecting the lawfulness of processing based on such consent before such withdrawal;
Where processing for the purpose of direct marketing is based on legitimate interest, the right to object to the use of your Personal Information;
Where processing is otherwise based on our legitimate interest, the right to object to the use of your Personal Information on grounds relating to your particular situation; we may, however, continue the processing if (i) we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms; or (ii) for the establishment, exercise or defense of legal claims.

If you wish to exercise any of your rights above, please contact us using the contact information provided in Section 17 (Contacting Us). You also have the right to lodge a complaint with your local competent supervisory authority or any authority that applies to us.

11 UPDATING PERSONAL INFORMATION

To review and update your personal information to ensure it is accurate, you may login into your account to make the changes, or you may contact us at support@swiftconnect.io. If you would like to request an electronic copy of this Personal Information for purposes of transmitting it to another company (to the extent Applicable Law provides you with this right to data portability), then you may make such requests by us as provided in Section 17 (Contacting Us).

12 CHOICE / ABILITY TO OPT-OUT

If you receive newsletters or similar marketing email from us, you may unsubscribe at any time by following the instructions contained within the email updating the settings in your account, or by contacting us at support@swiftconnect.com.

13 OUR RETENTION OF DATA

We retain Personal Information for the period of time necessary to fulfill the purposes for which we obtained the Personal Information and consistent with Applicable Law. We use the following criteria to set our retention periods: (i) the duration of our relationship with you; (ii) the existence of a legal obligation as to the retention period; and (iii) the advisability of retaining the information in light of our legal position (for example, in light of applicable statutes of limitations, litigation, or regulatory investigations).

14 INFORMATION SECURITY

SwiftConnect protects the Personal Information it collects with commercially reasonable efforts and appropriate physical, electronic, and procedural safeguards to ensure its security in our system. We use reasonable security measures that are designed to protect Personal Information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. Please note, however, that no data security measures can be guaranteed to be completely effective. Consequently, we cannot ensure or warrant the security of any Personal Information or other information you transmit to us or store. You transmit information to us at your own risk.

15 ADDITIONAL POLICY INFORMATION

For your convenience, the Site may contain links to other Web sites, products, or services that we do not own or operate. If you click on a link to a third-party site, you will leave the SwiftConnect site and go to the site you selected. If you elect to use a third-party product or service in conjunction with SwiftConnect, you enter into a license agreement with the third party for use of their product or service and their use of your data. If you choose to visit or use any third-party products or services, please be aware that this policy will not apply to your activities or any information you disclose while using third-party products or services or otherwise interacting with third parties.

SwiftConnect cannot control the activities of third parties and therefore cannot accept responsibility for any use of your Personal Information by such third parties, and we cannot guarantee that they will adhere to the same privacy policies as SwiftConnect. We encourage you to review the privacy statements of any other service provider from whom you request services. If you visit a third-party website that is linked to a SwiftConnect site, it is recommended that you read that site’s privacy statement before providing any personally identifiable information.

With your consent we may post your testimonial along with your name. If you want your testimonial removed, please contact us at support@swiftconnect.io.

16 ADVISORY REGARDING PARTICIPATION BY CHILDREN AND TEENS

WE DO NOT ALLOW INDIVIDUALS WHO WE KNOW OR BELIEVE ARE UNDER 18 TO PARTICIPATE IN OUR SITE OR SERVICES. YOU MUST BE AT LEAST 18 YEARS OLD TO USE OUR SITE AND SERVICES. If you believe that we might have received Personal Information from an individual under 18 years old, please contact us as directed in Section 17 (Contacting Us) below.

17 CONTACTING US

If you have any questions, comments, or concerns about this privacy policy or your personal information, please contact us at support@swiftconnect.io.

If you have a complaint regarding a breach of these privacy principles and have attempted in good faith to resolve the complaint through our customer service process, but the complaint was not resolved by us within a reasonable amount of time, then you may enforce these privacy principles against us.

18 COMPLAINTS

We want your feedback. If you have a suggestion on how we can improve or complaints you would like us to address, please contact us at the address set out in Section 17 (Contacting Us). If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs. Other states may provide similar avenues for lodging complaints. Please check with your state’s consumer protection authority.

19 CHANGES TO THIS PRIVACY POLICY

From time to time, we may change this Privacy Policy for our business purposes and to comply with changes in Applicable Law. If we make any substantive or material changes, then we will communicate these changes to you by posting the updated Privacy Policy on the Platform and/or notifying you of the change via the Platform, email, or other methods. Your continued use of the Platform following such notice constitutes your agreement to follow and be bound by the updated Privacy Policy.

20 RELATIONSHIP TO TERMS AND OTHER CONTRACTS

This Privacy Policy must be read in conjunction with other agreements into which you and SwiftConnect may enter concerning the Service (if any) (“Other Agreements“). To the extent this Privacy Policy conflict with the Other Agreements, this terms of this Privacy Policy shall control.

21 EFFECTIVE DATE

The effective date of this Privacy Policy is January 17, 2022.