TABLE OF CONTENTS

Privacy Policy

Last Modified: June 22, 2023

We — meaning Swap Pit, doing business as Swappit.me (also “we,” “our,” or “us”) — prepared this Privacy Policy to help you understand our practices with respect to the collection, use, and disclosure of information we collect from you through: (i) swappit.me, its subdomains, and any other website where Swappit.me’s Terms and Conditions are posted; (ii) Swappit.me’s online hosted services; and (iii) Swappit.me’s “Software,” meaning, collectively, our tools and documentation ((i) through (iii) collectively, our “Service” or “Swappit.me”).

 

1. What Information We Collect and How

We collect information from you when you:

  • Create or register an account, or administer your account
  • Input, post, or upload information, data, or other content through the Service
  • Submit questions, requests, or other communications to us via various communication channels
  • Contact us for customer support or technical support
  • Visit any of our websites
  • Participate in promotions, user conferences, webinars, demonstrations, contests, sweepstakes, surveys, or other marketing events
  • Participate in research activities
  • Interact with other Swappit.me users and guests on our community forums 

We also collect information about you from our business partners, including referral partners and third parties that help us with sales and marketing efforts, such as prospecting. We may also obtain publicly-available business contact information. Below is additional information about what we collect, depending on how you interact with the Service:

a. Your Content

“Content” includes all information, data and other content, in any form or medium, that is collected, downloaded, or otherwise received, directly or indirectly, from you (or on your behalf) by or through the Service. You (and anyone who can interact with your use of the Service) own and control the nature of any Content, subject to any applicable terms and conditions including our Terms and Conditions and this Privacy Policy. Our collection, use and disclosure practices with respect to Content are distinct from those with respect to other sorts of information, as explained in Section 2.a. below.

b. Customer Information

“Customer Information” consists of information related to your access or use of our Service, the creation of accounts, or that otherwise identifies you as a customer or end user of the Service. Customer Information includes:

  • Identifiers. This includes your name, billing address, email address, postal code, telephone number and other similar identifiers.
  • Customer Records. This includes username and password, payment information, company name, job title, business email address, business website and location.
  • Protected Classification Characteristics. This includes age and gender.
  • Commercial Information. This includes information about products or services purchased, obtained or considered.
  • Internet/Network Activity Information. This includes your browsing history on Swappit.me, log and analytics data, information about the device(s) used to access the Service, domain server, search history and information regarding your interaction with our Service, and other usage data.
  • Audio/Visual Information. This includes pictures you provide or upload in connection with our Service, and the content and audio or video recordings of phone or video calls between you and us that we record where permitted by law.
  • Profession/Employment Information. This includes your current employer, title and location.
  • Other Personal Information. This includes personal information you provide to us in relation to a survey, comment, question, request or inquiry.
  • Inferences. This includes inferring your location using your IP address, or using data from your use of our Service.

If you are an end user using the Service through an account created on your behalf by an Swappit.me customer (such as an employer, an organisation of which you are a member, or another individual), we may collect and process Customer Information about you on behalf of the Swappit.me customer with whom your use of the Service is associated.

c. Automatically-Collected Information

We collect information about how you use Swappit.me and your actions on Swappit.me, including your IP addresses, browser types, operating systems, platform types and device types. We may also use tools, including third-party tools, to collect analytics data. Some of this information is collected through the use of cookies and other tracking technologies, such as web beacons, pixels, session replay scripts and similar technologies (collectively, “Cookies”). Please see our Section 11 for more information about our use of cookies and similar tracking technologies. 

2. How We Use the Information We Collect

a. Use of Content

Notwithstanding anything to the contrary in this Privacy Policy, we will not use or access your Content except: to provide, maintain, improve, or optimise use of Swappit.me; where you (or the organisation through which you have an account) explicitly approve access (e.g., during a customer support inquiry); in response to lawful requests by law enforcement or government authorities; in response to subpoenas, court orders or other legal process or requests, as required by applicable law as determined in our discretion; where necessary (in our sole discretion) to ensure the stability and security of Swappit.me and our systems (e.g., where we have reason to believe specific Content is degrading server stability); and where necessary (in our sole discretion) to protect the rights, privacy, safety or property of you, us, or others. Notwithstanding the foregoing, you acknowledge and agree that we may retain, take possession of, delete or deny you access to your Content if we believe, in our sole discretion, that some or all of your Content, or your use of Swappit.me, violates our Terms and Conditions. We also may analyse metadata related to Content (such as total number of listings or swap requests, uploaded file size, access logs, etc.).

b. Use of Other Information

We use the information we collect for a variety of purposes, and how we use it depends on what we collect and which Service (or features of the Service) you use. These purposes may include:

  • Fulfilling our Contract with You and Providing the Services to You. This includes use for the purpose of: (i) responding to requests or inquiries from you; (ii) providing customer support or technical assistance; (iii) contacting you to provide product updates or information about products you have requested or purchased; (iv) creating, managing, or administering your information and account, including identifying you with your account or the account of an Swappit.me customer; and (v) auditing relating to interactions, transactions and other compliance activities.
  • Analying and Improving our Services Pursuant to our Legitimate Interest. This includes use for the purpose of: (i) deriving market insights, ways to improve the Service, and performing other business analysis or research; (ii) customising existing and future product offerings and other aspects of the Service to you and other users; (iii) securing the Service and our systems, and protecting your information and data; (iv) detecting security incidents and protecting against malicious, deceptive, fraudulent or illegal activity, and prosecuting those responsible for that activity; and (v) measuring interest in and engagement with our Service and short-term, transient use, such as contextual customisation of ads.
  • Marketing Our Products and Services. This includes use for the purpose of: (i) tailoring and providing you with information about Swappit.me products, services, and events that you may be interested in, including by email or phone, (ii) monitoring the performance of our advertisements and marketing efforts, and (iii) communicating with you about your engagement with our Service.
  • Legal Obligations and Rights. This includes use for the purpose of: (i) establishing, exercising, investigating, prosecuting or defending against legal claims; (ii) complying with laws or responding to lawful requests and legal process; (iii) protecting the rights and property of Swappit.me, our agents, customers, and others, including to enforce our agreements, policies or Terms and Conditions; (iv) detecting, suppressing or preventing fraud; (v) reducing credit risk and collecting debts owed to us; (vi) protecting the health and safety of Swappit.me, our customers or any person; or (vii) fulfilling other requirements under applicable law.
  • Participation in any Swappit.me referral program. This includes use for the purpose of enabling or supporting participation in any such program, which may involve the provision by Swappit.me affiliates of implementation, training or other similar services.
  • Consent. This includes use for other purposes that are clearly disclosed to you at the time you provide personal information, or with your consent.
  • Aggregated or De-Identified Data. This includes use of aggregated or de-identified information for a wide variety of statistical, analytical and Service improvement purposes. The aggregation or de-identification process prevents the information from being reassociated or identified with any one customer account, user, or individual.
  • Other Purposes. This includes use for our other, legitimate business purposes, or as permitted by applicable law.

 

3. How We Disclose Information

We disclose information we collect for specific purposes, including:

  • When you ask us to or otherwise give your specific consent (for example, by posting Content on a community forum), you consent to our making that Content visible to Swappit.me users or website guests;
  • With affiliates and subsidiaries to provide you with aspects of the Service, such as customer support;
  • With vendors that help us provide you with aspects of the Service, such as payment processing, or that help us with marketing and email campaigns, to advertise, gain insights, and perform analytics into how the Service is used and how it might be improved;
  • With an employer or other organisation (or employees or other Swappit.me users associated with such an employer or other organisation) on whose behalf you use the Service, that created a Swappit.me account on your behalf or that owns, manages, or is associated with the email domain for an email address on your account;
  • With the owner of the Swappit.me account to which you have access as necessary to identify you to such owner;
  • With affiliates in any Swappit.me referral program, when you elect to sign up using their affiliate link or code.
  • As necessary to comply with applicable law, including governmental requests and law enforcement requests, and otherwise to protect the rights, privacy, safety or property of you, us, or others;
  • As necessary in the event of a proposed or actual reorganisation, merger, sale, joint venture, assignment, transfer, financing or other disposition of all or any portion of our business, assets, or stock;
  • With others for any legitimate business purpose that does not conflict with the statements made in this Privacy Policy.

 

4. Transfers of Information

We may transfer to and process your personal information in countries outside of the jurisdiction where you are located for the various purposes described above. When required by law, we will ensure that we rely on an appropriate legal mechanism for the transfer, such as your consent, standard contractual clauses (or their equivalent) or adequacy decisions. You may ask us, using the contact information in Section 9 of this policy, for more information about the specific basis we use for transferring your data.

 

5. Retention of Information

We store your personal information for no longer than necessary for the purposes for which it was collected, including for the purposes of satisfying any legal or reporting requirements, and in accordance with our legal obligations and legitimate business interests. To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data; the potential risk of harm from unauthorised use or disclosure of your personal data; the purposes for which we process your personal data; and the applicable legal requirements.

 

6. Managing Your Information

a. Content

You may access, correct, amend or delete Content within Swappit.me. You own all Content you upload provided you have lawful title thereto. Content you delete (including Content containing personal information) may be retained in archived or backup copies in order to enable you to use certain features like payment history. For instructions on how to permanently delete Content from your Swappit.me account, please contact us at support@swappit.me.com. Please note that permanent deletion of Content through this process may impair or disable some features of the Service (such as payment history, reviews and listings) with respect to that Content.

b. Other Information

We may use some of the information we collect for marketing purposes, including to send you promotional communications about new Swappit.me features, products, events or other opportunities. If you wish to stop receiving these communications or to opt out of use of your information for these purposes, please follow the opt-out instructions by clicking “Unsubscribe” (or similar opt-out language) in those communications.

You also may have certain rights with respect to your data depending on the jurisdiction in which you live. Please see the jurisdiction-specific sections below for a description of those rights.

 

7. Information from Children

Swappit.me is not intended for use by children under the age of 16 (or other age as required by local law) and we do not knowingly collect personal information from children. If we learn that we have collected personal information from a child, we will take reasonable steps to delete such information from our files as soon as is practicable. If you learn that your child has provided us with personal information without your consent, you may contact us at support (at) swappit.me.

 

8. Changes to Privacy Policy

Any information that we collect is subject to the Privacy Policy in effect at the time such information is collected. We may, however, revise the Privacy Policy from time to time. If a revision is material, as determined solely by us, we will notify you, for example via email. The current version will always be posted to our Privacy Policy page.

 

9. Contact Us

If you have any questions about our privacy practices, including this policy, you may contact us by email at support (at) swappit.me.

 

10. EEA, UK, Swiss-Specific Disclosures

The disclosures in this section apply solely to residents of the European Economic Area (“EEA“), Switzerland and the United Kingdom (“UK“), and describe how we collect, use, disclose and otherwise process personal data about you. Unless otherwise expressly stated, all terms in this section have the same meaning as defined in the General Data Protection Regulation (“GDPR“). Swappit.me is the controller of the personal data we hold about you in connection with your use of the Service.

a. Lawful Basis of Processing

We collect and process your personal data for purposes set forth in this Privacy Policy. Where required by law, we obtain your consent to use and process your personal data for these purposes. Otherwise, we rely on another authorised legal basis (including but not limited to the performance of a contract or legitimate interest) to collect and process your Personal Data.

b. Marketing and Advertising

From time to time we may contact you with information about our products and services, including sending you marketing or advertising messages and asking for your feedback on our products and services. For some marketing or advertising messages, we may use personal data we collect about you to help us determine the most relevant marketing or advertising information to share with you. You can unsubscribe at any time from our marketing or advertising emails by clicking on the unsubscribe link at the bottom of the email or by contacting us at support (at) swappit.me.

c. Your Privacy Rights

You have the following rights in respect of your personal data that we hold: (i) right of access; (ii) right of portability; (iii) right to rectification; (iv) right to erasure; (v) right to restriction; (vi) right to withdraw consent; and (vii) right to object.

You also have the right to lodge a complaint to your local data protection authority. Information about how to contact your local data protection authority is available here.

If you wish to exercise one of these rights, please submit a request by:

Due to the confidential nature of data processing we may ask you to provide proof of identity when exercising the above rights.

 

11. Cookies

11.1 What are Cookies?

Cookies are small text files stored by your web browser when you visit certain websites or mobile properties. We use Cookies in our Service for the purposes of facilitating your use of our Service (such as login authentication), customising your browsing experience, and tracking usage trends and patterns.

Cookies may be either “persistent” cookies or “session” cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date. A session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.

Cookies do not typically contain any information that directly identifies a user (such as a name), but personal information that we store about you may be linked to the information stored in and obtained from cookies.

11.2 What Type of Cookies Does Swappit.me Use?

Our Service uses “first-party Cookies” (i.e., Cookies served by us) and “third-party Cookies” (i.e., Cookies served by third parties that we work with).

Cookies are unique to your account or your browser. Session-based Cookies last only while your browser is open and are automatically deleted when you close your browser. Persistent Cookies last until you or your browser deletes them or until they expire.

Our uses of Cookies fall into the following general categories:

  • Strictly-Necessary. We use Cookies that allow you access to our Service; are required to identify irregular site behaviour, prevent fraudulent activity and improve security; and allow you to make use of our functionality;
  • Functionality-Related. We may use Cookies that allow us to offer you enhanced functionality when accessing or using our Service including, for example, identifying you when you sign into our Service or keeping track of your specified preferences, interests or past items viewed, or to prevent abuse or misuse of our Service;
  • Performance-Related. We may use Cookies to assess the performance of our Service and, as part of our analytic practices, to help us understand how you use the Service;
  • Referral Programs. We may use Cookies to run an affiliate or referral program, to track visitors or users of Swappit.me in order to credit them appropriately.

11.3 Managing Cookies

You can prevent the setting of cookies by adjusting the settings on your browser (see your browser support to do so). Disabling cookies may result in some functionalities and features of the Service being disabled or unavailable.