This Privacy Notice describes the information Swoogo LLC (“Swoogo”, “we”, “our”, or “us”) collects, how we use and retain this information, with whom we share it, and the choices you have in connection with these activities. This Privacy Notice applies to the Swoogo’s websites (swoogo.com and swoogo.events) (collectively, the “Website”), our internet-based event management software (“Event Management Software”), and our mobile applications (“Mobile Apps”), owned and controlled by Swoogo (collectively, our “Services”).
Swoogo complies with the EU-U.S. Data Privacy Framework (EU-U.S. DPF) and the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF) as set forth by the U.S. Department of Commerce. Swoogo has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles (EU-U.S. DPF Principles) with regard to the processing of personal data received from the European Union and the United Kingdom in reliance on the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF. Swoogo has certified to the U.S. Department of Commerce that it adheres to the Swiss-U.S. Data Privacy Framework Principles (Swiss-U.S. DPF Principles) with regard to the processing of personal data received from Switzerland in reliance on the Swiss-U.S. DPF. If there is any conflict between the terms in this privacy policy and the EU-U.S. DPF Principles and/or the Swiss-U.S. DPF Principles, the Principles shall govern. To learn more about the Data Privacy Framework (DPF) Program, and to view our certification, please visit https://www.dataprivacyframework.gov .
1. OUR ROLE IN DATA PROCESSING
For residents of the European Economic Area (“EEA”) and United Kingdom (“UK”) and Switzerland, the entity responsible for the collection and use (processing) of your personal data is Swoogo Solutions Limited. You can contact Swoogo’s Data Protection Officer by email at [email protected], or mail in the US at 1925 Century Park East, Suite 1700, Los Angeles, CA 90067, USA, or in the UK, at International House, 64 Nile Street, London, N17SR, United Kingdom. Under the UK General Data Protection Regulation and/or EU General Data Protection Regulation (collectively, “GDPR” or “EU data protection law”), Swoogo is a processor in relation to its processing of personal data on behalf of its customers through the Event Management Software and Mobile Apps, and a controller in relation to its processing of personal data through the Website. As used in this Privacy Notice, the term “personal information” includes the term “personal data” as defined under EU data protection law.
2. PERSONAL INFORMATION WE COLLECT, HOW WE USE IT, HOW LONG WE KEEP IT, AND HOW WE SHARE IT
When you interact with our Services, we collect your personal information. Personal information is information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual or household.
A. When you engage in our Event Management Software (including the Mobile Apps) as an end user of our customer
When we collect your personal information through the Event Management Software on behalf of our customer, we are acting as a Service Provider under the California Privacy Rights Act (“CPRA”) and a Processor under EU data protection laws or other US state comprehensive privacy laws (as applicable). We process and retain your personal information in accordance with the data processing agreement in place with our customer. Our agreements with our customers prohibit us from using that information, except as necessary to provide and improve the Event Management Software, as permitted by this Privacy Notice and applicable law.
Where Swoogo processes your personal information in the capacity of a data processor/service provider, and you seek to submit a privacy rights request, we will provide your request to our customer (or the ultimate data controller), or you can contact them directly and we will cooperate with the customer to facilitate your request.
We will collect your personal information when you:
Register for the Mobile App and/or Event Management Software. When you use the Event Management Software and/or Mobile App, we will collect your registration information, which includes your personal identifiers (name, email address, telephone number), limited health information needed to safely provide the customer’s event (food allergies or preferences, mobility requirements), and any other information requested by the customer (subject to certain restrictions related to certain sensitive categories of personal information). We will use this information on behalf of our customer, to register you for the event, communicate with you regarding the event, and provide you with materials and logistics for the event. We share this information with our customer, and any integrated third-party service provider being used by our customer to provide additional functionality and services.
When you utilize Chat Functionality. When you use our Chat functionality to network and direct message with other event attendees, we collect your personal identifiers (name), and any information you include in your communication with event attendees. We share this information with our third party chat provider to facilitate the chat functionality.
Log In to the Mobile App. When you log in to the Mobile App, we will collect your personal identifiers (email and password). We will use this information to authenticate you to your account.
Log In to your account. When you log in to your account through the Website, we will collect from you your identifiers (email address and password). We will use this information to authenticate you to your account.
When you opt-out of marketing emails from our customer. When we receive your opt-out from receiving marketing communications from our customer, we collect your identifiers (name and email address), and share them with our customer for our customer to process your opt-out request.
Automatic Data Collection. In addition to the personal information identified above, when you use the Mobile Apps, we and our third-party provider collect your internet and other electronic network activity (IP Address, Operating System, device model, geography and advertising ID) via SDKs to make the Mobile Apps work as you expect. Some of the SDKs we use will store and retrieve information on your device, like a cookie or other similar tracker would.
Essential SDKs. We use essential SDKs which are necessary for the Mobile App to function. If you do not provide this information, we would not be able to provide the Mobile App.
B. When you interact with us as a representative/employee of our customer we collect your personal information when you:
Log In to your account. When you log in to your account through the Website, we will collect from you your identifiers (business email address and password). We will use this information to authenticate you to your account. We retain your login information for as long as you maintain your subscription plan with us, or until we receive a deletion request (and no exceptions to your deletion request apply). To the extent EU data protection law applies, the legal basis for processing this information is to perform a contract with you.
Subscribe to our Mailing List. When you subscribe to our mailing list, we collect your personal identifiers (name, email address, contact type) and your notification preferences. We use this personal information to fulfill your request to receive email alerts with our company press releases. We keep this information for as long as you want to receive email marketing communications from us, or 10 days after you opt-out of marketing emails from Swoogo, or earlier if we have received a request to delete this information, unless an exception applies. We will share your identifiers (name and email address) with our email marketing provider to send you the marketing emails. To the extent EU data protection law applies, the legal basis for processing this information is consent. You can unsubscribe at any time by clicking on the “unsubscribe” link in each email. Please note that we will continue to send you notifications necessary to the Services or requested products or services. Our communications contain tracking technologies, to analyze whether a predefined action took place by a recipient, such as opening our communications, in order to better adapt and distribute our communications. You can disable tracking by disabling the display of images by default in your email program. To the extent EU data protection law applies, the legal basis for this is your consent.
Automatic Data Collection. In addition to the personal information you provide directly to us, we also collect information automatically as you use our Website. We use essential, functional, analytics, and advertising cookies to collect your internet or other electronic network activity information (device, usage, location information (determined through your IP address), such as your browsing history, configuration, unique online identifiers, and interactions with our ads on third-party websites), when you interact with the Services. We use this information to: (i) track you within the Services; (ii) enhance user experience; (iii) conduct analytics to improve the Services; (iv) prevent fraudulent use of the Services; (v) diagnose and repair Services errors, and, in cases of abuse, track and mitigate the abuse; and (vi) market to you more effectively across different web pages and social media platforms. Third party marketing and analytics cookies may be considered sharing under the California Privacy Rights Act (“CPRA”). For more information on these cookies, including a list of third-party marketing and analytics cookies, visit our Cookie Notice. To opt-out of the sharing of the personal information, visit Do Not Sell or Share My Personal Information. To the extent EU data protection law applies, we will not place non-essential cookies without your consent and the legal basis for this is your consent.
Particular third-party cookies to note on our Website include:
Google Analytics. We use Google Analytics to collect information on your use of our Website to improve our Website. In order to collect this information, Google Analytics may set cookies on your browser, or read cookies that are already there. Google Analytics may also receive information about you from applications you have downloaded that partner with Google. We do not combine the information collected through the use of Google Analytics with personally identifiable information. Google’s ability to use and share information collected by Google Analytics about your visits to our Website is restricted by the Google Analytics Terms of Use and Privacy Policy. Although we have enabled Restricted Processing to prevent the sharing of personal information with Google, such sharing may be deemed a sale under the CPRA. Generally, to prevent your data from being used by Google Analytics, you can download the Google Analytics opt-out browser add-on. To opt-out of sharing through cookies, please visit Do Not Sell or Share My Personal Information.
Hotjar. We use Hotjar in order to better understand our users’ needs and to optimize this service and experience. Hotjar is a technology service that helps us better understand our users’ experience (e.g. how much time they spend on which pages, which links they choose to click, what users do and don’t like, etc.) and this enables us to build and maintain our service with user feedback. Hotjar uses cookies and other technologies to collect data on our users’ behavior and their devices. This includes a device’s IP address (processed during your session and stored in a de-identified form), device screen size, device type (unique device identifiers), browser information, geographic location (country only), and the preferred language used to display our website. Hotjar stores this information on our behalf in a pseudonymized user profile. Hotjar is contractually forbidden to sell any of the data collected on our behalf. For further details, please see the ‘about Hotjar’ section of Hotjar’s support site. To opt-out of sharing through cookies, please visit Do Not Sell or Share My Personal Information.
Facebook Ads. We use Facebook Pixel to customize our advertising and to serve you ads on your social media based on your browsing behavior. This allows your behavior to be tracked after you have been redirected to our Website by clicking on the Facebook ad. The Facebook Pixel stores a cookie on your device to enable us to measure the effectiveness of Facebook ads for statistical and market research purposes. We do not have access to the information collected through the Facebook Pixel. However, the information collected via the Facebook Pixel, on the Websites as well as other websites on which Facebook Pixel is installed, is stored and processed by Facebook. Facebook may link this information to your Facebook account and use it for promotional purposes in accordance with Facebook’s Data Policy. Facebook and its partners use the Facebook Pixel to show you advertisements on and outside of Facebook. To opt-out of this displaying of Facebook ads, visit your Facebook Ad Settings. You can also clear and control the information third parties share with Facebook in your Off-Facebook Activity page. To opt out of this cookie, visit Do Not Sell or Share My Personal Information.
For EU residents, we will not deploy non-essential cookies without your opt-in and the legal basis for the processing of your personal data through trackers is consent. To control the information collected about you using cookies and other technologies see our Cookie Management Platform. In general, to disable cookies and limit the collection and use of information through them, you can set your browser to refuse cookies or indicate when a cookie is being sent. When you opt-out, an opt-out cookie will be placed on your device. The opt-out cookie is browser and device specific and will only last until cookies are cleared from your browser or device. You can also manage your cookie preferences via our Cookie Management Platform.
Engage us to provide the Event Management Software. When you engage us to subscribe to the Event Management Software on behalf of your employer, our client, we will collect from you your identifiers (customer representative name, business email address, business address, business telephone number), and through our third-party payment processor, your financial account information (credit card number, expiration date, CVV, or account number and routing number). We will use this information to communicate with you about the services we can provide and to conduct business with you and process your payments. To the extent EU data protection law applies, the legal basis for this processing is to perform a contract with you. If you make payments by credit card, we will share your personal identifiers and payment card information with our payment processor. If you request us, on behalf of our client, to integrate third party services into the Event Management Software, we will share this information with the third-party service provider to enable the integration into the Event Management Software. We do not process this information and merely act as a conduit for the information between our client and the third-party provider. We retain this information for the term of the subscription plan for the Event Management Software or until we have received a request to delete this information, unless an exception applies.
Contact us with an inquiry.
When you contact us or submit an inquiry by email, we collect your personal identifier (name and business email address, account number) and any other information you choose to include in your correspondence. We use this personal information to respond to your questions or inquiries, troubleshoot as necessary, and address any issues you have with our Services. We will share this personal information with our third-party customer service provider to assist us with handling customer service requests and our customer relationship management platform provider. Our communications will be shared with our e-mail communications provider to facilitate our assistance and communication with you. We retain this information for the term of your subscription plan with us or until we have received a instruction to delete this information, unless an exception applies. To the extent EU data protection law applies, the legal basis for this processing is to perform a contract with you.
When you call to speak with our customer service representatives, with your consent, we will record the telephone call and collect your identifiers (name, business email address, telephone number), auditory information (recording of your voice), and any information you provide during the call. Your information will be shared with our third-party call recording, transcription, and training provider (Gong.io). To the extent EU data protection law applies, the legal basis for this processing is your consent. We will retain this information for as long as it is relevant to your account or our training program with us or until we have received a request to delete this information, unless an exception applies.
When you instant message with a customer service representative, we will collect your identifiers (name, telephone number, business email address), and any other information you include in your communications with us. We will share this personal information with our third-party customer service provider to assist us with handling customer service requests. To the extent EU data protection law applies, the legal basis for this processing is to perform a contract with you. We will retain this information for the term of your subscription plan with us, or until we have received a request to delete this information, unless an exception applies.
Request a Demo. When you request a demo on our Website, we will collect from you your identifiers (name; business email address, company name, telephone number), region, employment information (whether you are an events agency), how you heard about us, and anything else you include in the “Anything else you want us to Know?” field. We will use this information to contact you about arranging a demonstration of our Event Management Software, and, if you are a resident of a country within the EEA, if you opt in, to send you emails in the future about services that may be of interest to you. We will retain this information for as long as we consider you a prospective customer, or 10 days after you opt-out of marketing emails from Swoogo, unless we have received a request to delete this information (and no exceptions apply). To the extent EU data protection law applies, the legal basis for this processing to arrange the demonstration is to perform a potential contract with you, and the legal basis to send you marketing emails is your consent. We will share your identifiers (name and email address) with our email marketing provider to send you marketing emails.
C. When you apply for employment at Swoogo:
When you apply for employment with Swoogo, we collect from you, through our third party applicant tracking system, your personal identifiers (name, email address, and telephone number) your professional or employment information (resume, employment history, and LinkedIn Profile URL), criminal record information (if applicable), and protected classifications (gender, race, ethnicity, work authorization status, veteran status, and disability status (if provided)). We use this personal information to assess and manage your application with Swoogo and as necessary to comply with the law. We retain this information for two years if you do not become an employee, and seven years from your last day of employment with us, or until we have received a request to delete this information (and no exception applies). We share this information with our recruiting software provider, Greenhouse, who helps us track applicants from the hiring stage, onboarding, and employment. For additional information on our applicant privacy practices, please see our Applicant Privacy Notice.
3. HOW WE SHARE YOUR PERSONAL INFORMATION
A. General Sharing
Swoogo shares personal information in the following instances:
Within Swoogo. We share your personal information within Swoogo for the legitimate business purposes of efficiently and effectively providing the Services, such as accounting and customer service support. Access to your personal information is limited to those on a need-to-know basis. To the extent EU data protection law applies, the legal basis for this is our legitimate interest in providing the Services more efficiently.
With service providers. We share personal information with service providers that assist us in providing the Services. These service providers are described more specifically in the PERSONAL INFORMATION WE COLLECT, HOW WE USE IT, HOW LONG WE KEEP IT, AND HOW WE SHARE IT section of this Notice.
In the event of a corporate reorganization. In the event that we enter into, or intend to enter into, a transaction that alters the structure of our business, such as a reorganization, merger, acquisition, sale, joint venture, assignment, consolidation, transfer, change of control, or other disposition of all or any portion of our business, assets or stock, we would share personal information with third parties, including the buyer or target (and their agents and advisors) for the purpose of facilitating and completing the transaction. We would also share personal information with third parties if we undergo bankruptcy or liquidation, in the course of such proceedings. To the extent EU data protection law applies, the legal basis for this is our legitimate interest in carrying out our business operations or, if required by law, consent.
For legal purposes. We will share your personal information where we are legally required to do so, such as in response to court orders, law enforcement or legal process, including for national security purposes; to establish, protect, or exercise our legal rights, as required to enforce our terms of service or other contracts; to defend against legal claims or demands; to detect, investigate, prevent, or take action against illegal activities, fraud, or situations involving potential threats to the rights, property, or personal safety of any person; or to comply with the requirements of any applicable law. To the extent EU data protection law applies, the legal basis for this is compliance with legal obligations or our legitimate interest in compliance with other laws that apply to us.
With our Customer. We will share your personal information with our customer if you sign up for the Service through our customer. We share this information to provide the Event Management Software through our customer to you. We will make your personal information available to our customer in accordance with the agreement and data processing agreement with our customer. When requested, we will also share or facilitate the sharing of your personal information with third parties pursuant to instructions from our client, such as any third-party providers integrated into the Event Management Software, or as required by law. This is done in accordance with our services agreement and data processing agreement with our client.
With your consent. Apart from the reasons identified above, we may request your permission to share your personal information for a specific purpose. We will notify you and request consent before you provide the personal information or before the personal information you have already provided is shared for such purpose. You may revoke your consent at any time.
Swoogo may also share anonymized and aggregated data (“De-Identified Information”) in marketing materials. Swoogo may also use De-Identified Information for commercial collaborations with private companies for purposes such as product design or enhancement of programs we provide.
B. Sharing for a Business Purpose
In the preceding 12 months, Swoogo has disclosed the following personal information for a business purpose with the following categories of third parties:
We have disclosed your internet or other electronic network information collected by SDKs to allow for the functionality of our Mobile Apps.
We have disclosed your internet or other electronic network information collected by cookies to our IT support to update, improve, and maintain the Website.
We have disclosed your financial information with our payment processors and/ or financial institutions to facilitate your purchase through our Services.
We have disclosed your identifiers, internet or other electronic network information, and health information (as applicable) with our Event Management Software infrastructure and cloud data storage provider to provide the functionality of the Services.
We have disclosed your identifiers and anything else you include in your customer service inquiries with our customer service support providers and e-mail service providers to better provide our customer service to you.
We have disclosed your auditory information (call recordings) with our call transcript, recording, and training service provider to improve your customer service experience.
We have disclosed your identifiers (name and email address) with our email marketing provider to send promotional messages to you.
C. Sale of Personal Information
Swoogo has shared your internet or other electronic network activity information collected via cookies and other tracking technologies with our data analytics providers, cookie providers, and ad networks to provide targeted advertising. Such sharing may be deemed a sale or sharing under the CPRA. To opt-out of this sale/sharing, please visit Do Not Sell or Share My Personal Information.
4. GENERAL INFORMATION CHOICES
You have the following choices with respect to your personal information:
Correct or view your personal information. You may access your Swoogo account profile to correct or view certain personal information of yours in our possession and which is associated with your profile.
Opt-out of marketing email pixels. You can disable tracking by disabling the display of images by default in your email program.
Opt-out of marketing communications. You may opt-out of receiving marketing emails from us by clicking the “unsubscribe” link provided with each email. Please note that we will continue to send you emails necessary to the Services or any assistance you request.
Location settings. You can prevent your mobile device from sharing your location data by adjusting the permissions on your mobile device or within the Services.
Push notifications. If you have enabled push notifications, you may disable these at any time by updating your device settings.
Uninstall the Mobile Apps. You can stop further collection of your personal information through the Mobile Apps by uninstalling the Mobile Apps.
Opt Out of Other Cookies. To set your cookie preferences or opt out of the sale/sharing of your information via cookies, please see our Cookie Management Platform. All session cookies are temporary and expire after you close your web browser. Persistent cookies can be removed by following your web browser’s directions. To find out how to see what cookies have been set on your computer or device, and how to reject and delete the cookies, please visit: https://www.aboutcookies.org/ Please note that each web browser is different. To find information relating to your browser, visit the browser developer’s Website and mobile application. If you reset your web browser to refuse all cookies or to indicate when a cookie is being sent, some features of our website may not function properly. If you choose to opt out, we will place an “opt-out cookie” on your device. The “opt-out cookie” is browser specific and device specific and only lasts until cookies are cleared from your browser or device. The opt-out cookie will not work for essential cookies. If the cookie is removed or deleted, if you upgrade your browser or if you visit us from a different computer, you will need to return and update your preferences. By clicking on the “Opt-Out” links below, you will be directed to the respective third-party website where your computer will be scanned to determine who maintains cookies on you. At that time, you can either choose to opt out of all targeted advertising or you can choose to opt out of targeted advertising by selecting individual companies who maintain a cookie on your machine.
If you submit a privacy right request related to your personal information that we process on our customer’s behalf, such requests should be submitted directly to our customer. However, if we receive your request, we will provide the request to our customer to process in their role as the Business or Controller (as applicable) for your personal information.
The rights and processes to submit your privacy right request provided below are for any personal information we process for our own purposes (i.e., our business-to-business relationship with you, your application for employment, or employment with us)
A. RIGHTS OF CALIFORNIA RESIDENTS
For any functions of the Service that we collect your personal information for our own purposes the California Consumer Privacy Act, as amended by the California Privacy Rights Act (collectively, the “CPRA”) entitles California residents to certain rights. To the extent the CPRA applies to our processing of your personal information, you are entitled to the following rights:
Right to Access/Know. You have the right to request what personal information we have collected, used, disclosed, and sold about you, unless doing so proves impossible or would involve disproportionate effort.
Right to Deletion. You have the right to request the deletion of your personal information that we collect or maintain, subject to certain exceptions. Once we receive your request to delete and confirm your identity, we will delete (and notify any service providers or third parties, who we have shared or sold your personal information to, to delete) your personal information, unless an exception applies under applicable law, including to comply with a legal obligation.
Right to Opt-Out of Sale/Sharing. You have the right to opt-out of the sale or sharing of your personal information to third parties. Swoogo does not have actual knowledge that it sells or shares personal information of minors under the age of sixteen (16) years. To exercise your right to opt-out of the sale or sharing of your personal information visit Do Not Sell or Share My Personal Information.
Right to Non-Discrimination. You have the right to not receive discriminatory treatment if and when you exercise your rights to access, delete, opt-out, correct, or limit use of sensitive personal information under the CPRA.
Right to correct: You have the right to correct inaccurate personal information that we collect or maintain.
Right to limit use of sensitive personal information: You have the right to limit the use of how we use your sensitive personal information. Sensitive information includes, for example, Social Security number, driver’s license number, biometric information, precise geolocation, and racial and ethnic origin.
To exercise your right to access/know or delete your personal information, you may submit a request by emailing Swoogo at [email protected]. You can also exercise your rights by visiting our Privacy Rights Request page. For requests submitted via telephone or email, you must provide us with sufficient information that allows us to reasonably verify you are the person about whom we collected the personal information and describe your request with sufficient detail to allow us to properly evaluate and respond to it, including name and email address. If we are not able to verify your identity for access and deletion requests with the information provided, we may ask you for additional pieces of information.
To opt out of the sale or sharing of your personal information, visit Do Not Sell or Share My Personal Information, or for California residents, utilize the opt out preference signal to instruct us to not sell or share any of your personal information collected online. The opt out preference signal will apply to the device, platform, or browser in which you utilize it. You can utilize the opt out preference signal by turning on the signal in your device, platform, or browser settings.
Using an Authorized Agent
Only you, or a person that you authorize to act on your behalf, may make a request related to your personal information. If a consumer is using an authorized agent to submit a CPRA privacy request to know (disclosure report) or delete their personal information, the following is required.
Using an authorized agent without power of attorney to submit a request to know or delete
Signed permission from the consumer authorizing the agent to submit the CPRA privacy request(s) on their behalf. Describe the type of privacy request(s) being requested (know/disclosure report and/or deletion).
The consumer must verify their own identity directly with the us by submitting information or documentation that provides sufficient proof of identification, such as:
a copy of a driver’s license, an identification card issued by the motor vehicle administration, or any other government issued identification.
Using an authorized agent with power of attorney to submit a request to know or delete: If you have provided the authorized agent with power of attorney pursuant to California Probate Code sections 4000 to 4465, provide only the following: the valid power of attorney executed lawfully under California Probate Code sections 4121 to 4130.
Using an authorized agent to submit an opt-out request: Please provide written permission, signed by the consumer, authorizing the agent to submit the opt-out request.
B. RIGHTS OF INDIVIDUALS IN THE EU AND UK
For any functions of the Service that we determine the purpose and means of the processing of your personal information, individuals in the EU and UK are entitled to certain rights under the General Data Protection Regulation (“GDPR”) and the Data Protection Act 2018 (“UK GDPR”). If our processing of your personal information is subject to the GDPR or UK GDPR, you may be entitled to the following rights:
Right to access. When the legal basis for us to process your personal information is consent, performance of a contract, legal obligation, or legitimate interest, you have the right to ask us for copies of your personal information. This right has some exemptions, which means you may not always receive all the personal information we process.
Right to rectification. When the legal basis for us to process your personal information is consent, performance of a contract, legal obligation, or legitimate interest, you have the right to ask us to rectify personal information you think is inaccurate or incomplete.
Right to erasure. When the legal basis for us to process your personal information is consent, to performance of a contract, or legitimate interest, you have the right to ask us to erase your personal information in certain circumstances.
Right to restrict processing. When the legal basis for us to process your personal information is consent, performance of a contract, legal obligation, or legitimate interest, you have the right to ask us to restrict the processing of your personal information in certain circumstances. This means you can limit the way that we use your personal information. You have the right to restrict processing when (1) you contest the accuracy of your personal information and we are verifying the accuracy of the personal information; (2) the personal information has been unlawfully processed and you oppose erasure and request certain restriction instead; (3) we no longer need the personal information but you need us to keep it in order to establish, exercise or defend a legal claim; or (4) you have objected to us processing your personal information under Article 21(1), and we are considering whether our legitimate grounds override yours.
Right to object to processing. When the legal basis for us to process your personal information is legitimate interest, you have the right to object at any time, for reasons arising from your particular situation, to processing of your personal information, which is carried out on the basis of our legitimate interests. When the legal basis for us to process your personal information is your consent, you can withdraw your consent.
Right to data portability. When the legal basis for us to process your personal information is your consent or performance of a contract, you have the right to ask that we transfer the personal information you gave us from one organization to another, or give it to you. Please note this only applies to personal information you have given us.
Right to lodge a complaint. You have the right to lodge a complaint with the relevant Supervisory Authority. You can also make a complaint with the UK Information Commissioner’s Office here.
For any functions of the Service that we collect your personal information for our own purposes, individuals in Australia are entitled to certain rights under the Privacy Act and Australian Privacy Principles. If our processing of your personal information is subject to the Privacy Act and Australian Privacy Principles, you are entitled to the following rights:
Right to access. You can request access to your personal information, subject to certain exceptions. Swoogo may charge reasonable costs for providing access to your personal information.
Right to correction. If you believe that any personal information Swoogo has collected about you is inaccurate, not up-to-date, incomplete, irrelevant or misleading, you may request correction.
Right to lodge a complaint. You can make a complaint to Swoogo about our handling of your personal information. To do so, please contact us at the contact information provided in this section setting out the details of the complaint. We will promptly investigate your complaint and respond to you in writing setting out the outcome of our investigation, what steps we propose to take to remedy the complaint, and any other action we will take to deal with your complaint. If you are not satisfied with the outcome of your complaint, you can refer your complaint to the Office of the Australian Information Commissioner.
For any functions of the Service that we collect your personal information for our own purposes, individuals in Canada are entitled to certain rights under the Personal Information Protection and Electronic Documents Act (“PIPEDA”). If our processing of your personal information is subject to PIPEDA, you are entitled to the following rights:
Right to access. You can request access to your personal information, subject to certain exceptions. Access to the personal information will be provided free of charge, subject to certain exceptions.
Right to correction. If you believe that any personal information Swoogo has collected about you is inaccurate, not up-to-date, incomplete, irrelevant or misleading, you may request correction.
Right to withdraw consent. If we process your personal information based on your consent, you may revoke your consent at any time. by emailing us at [email protected]. If you withdraw your consent, we will also instruct our processors to end any processing of relevant information that we have shared with them.
Right to file a complaint. Under PIPEDA, you have the right to complain directly to us regarding our alleged noncompliance with PIPEDA. We will review and respond to your complaint. PIPEDA-related complaints can be directed to our Privacy Officer at [email protected].
If you are a consumer in the State of Nevada, you may request to opt-out of the current or future sale of your personal information. We do not currently sell any of your personal information under Nevada law, nor do we plan to do so in the future. However, you can submit a request to opt-out of future sales by contacting us at [email protected]. Please include “Opt-Out Request Under Nevada Law” in the subject line of your message.
6. DO NOT TRACK
We do not recognize “Do Not Track” requests for internet browsers. Do Not Track is a preference you can set to inform websites and applications that you do not want to be tracked.
7. SECURITY OF YOUR PERSONAL INFORMATION
We implement and maintain reasonable security measures to protect the personal information we collect and maintain from unauthorized access, destruction, use, modification, or disclosure. These security measures include encryption and access controls. However, no security measure or modality of data transmission over the Internet is 100% secure and we are unable to guarantee the absolute security of the personal information we have collected from you.
8. AGE RESTRICTION
The Services are not intended for individuals under the age of sixteen (16). If we learn that we have collected or received personal information from a child under the age of sixteen (16), we will delete that information. If you believe we might have information from or about a child under the age of sixteen (16), please contact us at [email protected].
9. CROSS BORDER TRANSFER
We may transfer your personal information to recipients in countries outside of the European Economic Area that may have differing data protection laws. This includes countries which the EU Commission does not consider to have an adequate level of protection for personal data. If this occurs, we will ensure there is a legal ground for the transfer in accordance with applicable data protection legislation. You will also be informed about the legal ground, what safeguards were implemented, and where you can obtain a copy of information on these safeguards. Swoogo and our client (Controller) have executed a data processing agreement that includes Standard Contractual Clauses adopted by the European Commission that govern the transfer of your personal information outside of the EEA, which we will provide to you upon your request.
Swoogo participates in, and adheres to, the principles of the EU-U.S. Data Privacy Framework (EU-U.S. DPF) and, as applicable, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF), and to the rights of EU and UK individuals and Swiss individuals. To learn more about the Data Privacy Framework (DPF) program, please visit https://www.dataprivacyframework.gov/. A list of companies that comply with these Frameworks is available here. To view our certification, please visit https://www.dataprivacyframework.gov/list and search for “Swoogo”.
Swoogo is committed to follow the DPF Principles in handling all personal data received from the European Union, the United Kingdom (and Gibraltar), and Switzerland in reliance on the relevant parts of the DPF program. If there is any conflict between the terms in this Privacy Notice and the EU-U.S. DPF Principles, UK Extension to the EU-U.S. DPF Principles, and/or the Swiss-U.S. DPF Principles (collectively, the “DPF Principles”), the Principles shall govern. With respect to onward transfers of data subject to the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and/or the Swiss-U.S. DPF, Swoogo remains liable for processing such transfers in accordance with the DPF Principles. Swoogo is subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC). In certain situations, Swoogo may be required to disclose Personal Information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
In compliance with the DPF Principles, Swoogo commits to resolve complaints about your privacy and our collection or use of your personal information transferred to the United States pursuant to the DPF Principles. European Union, Swiss, and United Kingdom individuals with DPF inquiries or complaints should first contact:
Swoogo has also committed to refer unresolved privacy complaints under the DPF Principles to an independent dispute mechanism, provided free of charge, through JAMS, an Independent Dispute Resolution Body based in the United States. If you do not receive timely acknowledgment of your DPF Principles-related complaint from us, or if your DPF Principles-related complaint was not resolved to your satisfaction, please follow JAMS instructions found here. Under limited circumstances, and after other available dispute resolution mechanisms have been exhausted, you may be able to invoke binding arbitration to address complaints about our compliance with the DPF Principles.
10. CHANGES TO THIS PRIVACY NOTICE
We may amend this Privacy Notice in our sole discretion at any time. If we do, we will post the changes to this page, and will indicate the date the changes go into effect. We encourage you to review our Privacy Notice to stay informed. If we make changes that materially affect your privacy rights, we will notify you by prominent posting on the Website and/or via email, and request your consent, if required.
11. CONTACT US
If you have any questions regarding this Privacy Notice, please contact our Data Protection Officer:
