Privacy Policy

Effective as of the 30th of May, year 2018

This Privacy Policy reflects the obligations on privacy taken on by Swiftly under the General Data Protection Regulation Directive (further referred to as: GDPR), and obligations taken on by Swiftly by applicable law of Swiftly.

This Privacy Policy shall inform you on:

  1. The Website and/or App’s Privacy Practices when handling your Personal Data
  2. The Website and/or App’s Sources on collecting of your Personal Data
  3. The Website and/or App’s method of processing of your Personal Data

1.1 References

References in this document to:
“Service“, “Website“, “App”, “Swiftly“, “We“ or “Us“ mean a Data Controller as described in the GDPR. The Service has all responsibilities of a Data Controller towards natural persons (thereinafter referred to as: “Data Subjects“, while Processing their personal data. The Service does not have a Data Protection Officer. You can find the Service’s contact details on our Website and/or App. You may, at any time, contact our Customer Support e-mail directly, if you have any questions or requests on rights granted to you under this Privacy Policy.

References to “You”, “Your” and “User” mean the person, group or other entity utilizing Swiftly. References to “Data Subject” mean Users, which are natural persons. References to “European Residents“ means any natural person which is a Data Subject in the context of the GDPR, which is a resident in the EU.

“Personal Data” means any information relating to an identified or identifiable natural person (“Data Subject”); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;

“Processing” means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction;

1.2 Agreement

This Privacy Policy shall inform Users about the scope of processing of the collected data, based on their informed consensus, fulfillment of contractual obligations entered into between the Data Subject and the Company, as well as pursuing legitimate interests of the Company in regards to processing and collection of the Personal Data. This Privacy Policy is to inform you on the Privacy Practices of the Website and/or App and its operator, while providing you with services under the Terms of Service and the individual Agreements you may enter into.

1.3 Express Licensing Grant

To the extent as to using the Website and/or APP, Swiftly hereby grants you a non-exclusive and non-transferrable license to use of this Website and/or App’s content and services. This license limited to personal use, and is further limited according to any Terms or Agreement that Swiftly may stipulate with you in the future. Applicable Licensing Terms may be displayed at an accessible place or visible to you within the Swiftly Service

1.4 Abuse of the Service and state authority-issued subpoenas.

While pursuing legitimate interests of the Service, Swiftly may disclose your personal information in the range which as necessary under applicable law, in connection with any current or future legal proceedings in order to constitute or defend its legal rights or positions in a civil, penal or criminal matters. The Service, on demand by state authorities and a valid document obliging the Service to disclose your information, the Service may further disclose your personal information upon such request in a range and manner prescribed by applicable law.

Swiftly has the right, but not the obligation to inquire about potential abuse and/or misbehavior of any User on the Website and/or App, and take appropriate action, without exclusion to defending its legal rights in a court of law. The Service further reserves full discretional rights as granted under the Swiftly Terms of Service.

2. Privacy Statement

2.1 Introduction

The Service cares about its Users’ privacy. This Privacy Policy shall regulate all means of collection and usage of your Personal Data that Swiftly collects and/or processes by any means. The Personal Data processed by the Swiftly will be processed lawfully, fairly and in a transparent manner in relation to you; collected or specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with the purposes stated in this Privacy Policy. The Swiftly will not process your Personal Data outside the scope of regulation in this Privacy Policy.

2.2 Your Rights

Your Personal Data is your explicit right. Therefore, in relation to the applicable regulations present, you will have the right to Complaints, Grievances and rights to be informed in case of any changes to the method in which we process you’re Personal Data, as further described below in this Privacy Policy.

2.3 Data Collection

Any Personal Data You entrust us with shall be used in a manner as described in this Privacy Policy. We may use your data for the following purposes:

2.4 Data Processing

Swiftly respects the privacy of its Users. The Website and/or App will not treat Personal Data in a manner, which is not in accordance with this Privacy Policy. Any information you provide, shall be provided with your prior explicit consent, and processed in accordance with the purpose, for which it was provided to the Website and/or App. You may withdraw your consent at any time, after which we shall delete all your Personal Data from our servers. If we are to provide you with certain services or products under a specific Agreement and you have withdrawn your consent from processing of such data, we will further use this data only for the purpose of fulfilling our contractual obligations towards you.

2.5 Data Usage

The Service will use your data in order to fulfill the Service’s contractual obligations to you, pursue legitimate interests of the Service and/or State Authorities, as well as use your data in accordance with your informed consent to do so.

The Service may use your personal data or set preferences in your User account in order to send you occasional newsletters, provided that you have expressed consent to such newsletters. Once you have subscribed from such newsletters, you may unsubscribe at any time.

The Service’s auxiliary means of financing may be targeted marketing. The Service may use some of the anonymized data collected from your user activity on the Website and/or App in order to provide you with targeted advertisements and marketing. Data collected in this way cannot disclose your identity to any third parties, as it consists of behavioral tracking mechanisms while you are using the Swiftly.

The Service cares about providing you with the best user experience. That is why the Service may use in-browser cookies, in order to, for example, log you into your account automatically. This information is stored locally on your device, and you may delete such cookies manually in your browser settings. The Service may use some analytics tools that output anonymized data we use for improving our service to you. These services, as well as their privacy practices shall be listed in section X of this Privacy Policy.

2.5.1 Advertisements, Cookies and Clear Gifs we may use.

Certain information about usage, type of browser or OS, date, time stamp and clickstream and data may be gathered and stored in log files. This information is anonymized, meaning that it cannot be tied to specific users.

Cookies are data that are stored locally on the Users’ devices. They are divided into Session ID cookies and Session Cookies, with the former being used to maintain Users’ subscriptions and accounts. The data stored in cookies cannot identify individual users. Session cookies are used to improve your navigation on the Service itself, and expire once you close the Website, or clear the App from your multitasking menu on your mobile device. These data files are used in order to provide you with a comfortable experience when using our Services. Some browsers and/or mobile operating systems may have the possibility to remove or block cookies. Please note that some functionalities (For example, maintenance of your login due to Session ID cookies) may be limited.

We may use advertisements as auxiliary methods to fund our project. Please note that these advertisements keep our Service’s costs low, and without monetization of advertisements, we may not be able to provide you with a lot of our free services. Swiftly uses automated advertisement placement services, for pursuing our legitimate interest of being widely available to as many Users as we can. You will find these services listed in Section 8 of our Privacy Policy.

We may use some programs that provide us with outputs on statistics, focal points of Users’ interests on our Website and App, as well as demographics and other statistical information. Please note that we use these services in order to provide you with a smoother and more intuitive user interface in our future updates, and the output data cannot be tied to any individual user. You will find these services listed in Section 8 of our Privacy Policy.

2.5.2 Newsletters and Subscriptions

If you chose to do so, you may subscribe to our Newsletters, in order to stay informed about the new products and/or service that the Service offers. Once subscribed, you may unsubscribe at any time, at which point all periodic newsletters shall further not be sent out to you.

2.5.3 Opt-outs

We believe that your Personal Data is your explicit right. That is why, in certain aspect of usage, Users are given the opportunity to opt-out of having their personal information used for certain purposes directly within the Website or App. All further usage of your personal information provided to you by us shall be subject to your informed consent, and the Service will ask you prior to processing of your data outside of the scope of this Privacy Policy.

3. Security

3.1 Security Measures. Disclaimer on Safety

Swiftly follows accepted industry standards during the process of submission, transmission and acceptation of personal data. No method so far is 100% accurate, but we are committed in caring for the information you share with us in the best way possible. This Service, as a legal person bound by ethics and etiquette, will disclose any security breaches which might occur on this Website and/or App within 72 hours after having become aware of it to the appropriate supervisory authority as designated under the GDPR. If such security breaches pose a threat to rights and freedoms of our Users, we shall disclose such a data breach without undue delay, via e-mail.

3.2 Customer Support and Employee Privacy Practices

All of our employees are kept up to date in regards of privacy practices. Personal and personally-identifiable information is kept in a secure environment. If you have any questions in regards to our Security protocols, please do not hesitate to contact us by means of e-mailing our Customer Support team.

3.3 Cross-Border transfer of Data

The Service takes all operational and safety industry-standard measures in order to provide with a smooth and risk-free transfer of your Data, utilizing servers that reside in “Adequate Jurisdiction” states (providing adequate level of data protection), as regulated by the European Commission and the applicable EU-US Privacy Shied when such transfers concern EU Residents.

4. EU Resident Rights

4.1 Rectification

The Data Subject shall have the right to obtain from the Service, without undue delay, correction of any inaccurate personal data concerning the Data Subject. Taking into account the purposes of the Personal Data Processing, the Data Subject shall have the right to have incomplete personal data completed. The Service shall communicate any rectification or erasure of personal data or restrictions of processing carried out in accordance with this section towards each recipients to whom the personal data has been disclosed, unless rendered impossible or requiring disproportionate effort.

4.2 Deletion of Data

The Data Subject shall have the right to obtain from the controller the erasure of personal data concerning him or her without undue delay from the Swiftly database, in case that:

The Service shall communicate any rectification or erasure of personal data or restrictions of processing carried out in accordance with this section towards each recipients to whom the personal data has been disclosed, unless rendered impossible or requiring disproportionate effort. In the case the Data Subject requests it; the Service shall inform the Data Subject about the aforementioned recipients.

4.3 Restriction of Processing.

The Data Subject shall have the right to obtain from the controller restriction of processing in one of the following cases:

4.4 Objections.

The Data Subject may object to the processing of personal data concerning him or her which is based on pursuing legitimate interests by the Service or sharing of Personal Data based on a state-issued subpoena.

In cases involving marketing, the Data Subject may object to at any time to processing of personal data concerning him or her for such marketing, which includes profiling to the extent that it is related to such direct marketing. Where the Data Subject objects to processing for direct marketing purposes, the personal data shall no longer is processed for such purposes. Objections may be sent directly to the Service’s Customer Support e-mail address.

4.5 Complaint.

Pursuant to the GDPR regulation, the Data Subject may lodge a complaint directly to the Swiftly, at the Customer Support’s e-mail address, or lodge a complaint with the appropriate Supervisory Authority the Website and/or App is subject to. If you are not sure on to where to address your complaint to the Supervisory Authority, contact us in order to find out more information.

5. Miscellaneous

5.1 Jurisdiction

If any provision of this Policy is, or is to be found by an appropriate authority, unenforceable under Applicable law, that will not affect the enforceability of any other provisions of these Agreements.

The Parties agree that the applicable and usable law is the law of the U.S., State of California. The Parties designate the appropriate court authority at the place of the headquarters of the Service’s operator Company as the competent court authority in cases of any disputes arising out of this Agreement. No terms set forth herein are constructed in any way or manner in order to limit or otherwise obstruct consumer protection rights.

5.2 Alternative dispute resolution

The Parties agree to solve all disputes or controversies, including those arising from termination of employment in a manner other than filing court actions. The Parties agree to Arbitration proceedings arising out of or relating to the existence, breach, termination, interpretation or enforcement of these Agreements, as well as your access to the Platform at any time as of your binding access to these Terms of Service.

The Parties agree that the Arbitration proceedings shall be held in English, with an Arbitrator chosen from the list of arbitrators by the American Arbitration Association.

The User hereby acknowledges and agrees to hereby waive the right to trial by jury or participation in a class action or representative proceeding. Unless explicitly agreed with Swiftly, in writing, the User shall resolve all disputes by means of binding arbitration on an individual, case-to-case basis, and shall withhold of a collective, consolidated or representative proceeding. Any contractual Party to this Agreement may request injunctive relief on the basis of applicable law.

Alternative dispute-resolution prevents statute barring of the rights and obligations arising from this Agreement. If these dispute-resolving methods prove unsuccessful, they are to commence court proceedings. If any provision of this Agreement is, or is to be found by an appropriate authority, unenforceable under governing law, that will not affect the enforceability of any other provisions of this Agreement.

5.3 Indemnification

You hereby agree to indemnify and hold Swiftly, it’s operator and/or owner Company, Representatives, Employees and Partners harmless from and against any loss, cost, damage and expense, including but not limited to: attorneys' fees and court costs, arising directly or indirectly from Your use of the Swiftly Website and/or App, software or services and/or Your breach of any representation, warranty or restriction contained in this agreement.

5.4 Continuity

Swiftly may suspend or discontinue any portion of the whole Service with or without previous notice. Swiftly may suspend Your access to the Website and/or App, provided that a breach under the Website and/or App’s Terms of Service has been grounds for termination of Agreement with you

5.5 Continuity of this Privacy Policy

Every older version of these documents is superseded with the issuing of a renewed version. In case of change of Privacy Policy, we may notify you on our Website and/or App and via e-mail. The Service reserves the right to not issue an explanation in the case of modification of these Documents.

5.6 Ascent

These Terms, along with all supplemental documents you have expressed your consent to, without limitation to conclusive means of acceptance, are to be regarded as a single, legally-binding contract between you and Swiftly.

5.7 Agreement

This Privacy policy reflects the policy of Swiftly in regards to your usage and privacy practices of this Website and/or App. They are further intended to inform Swiftly Users of the possible results of breaches of these Terms, in regards to using this Website and/or App, Software and/or Services. If you have any questions, do not hesitate to contact us via e-mail, post, telephone number or by using our Online Support Service.

6. Personal Data that may be collected by third Parties. Personal Data shared with Third Parties

We believe that your Personal Data is your explicit right.

In order to provide you with services including remote payment, we have partnered with certain third-party services to provide you with a secure and risk-free method of payment. You may find these services in the Table Below.

The Service may utilize certain data concerning the User, which may not be gathered from the User directly. The Service may further use these third-party services in order to process the data as described in the table below under the “Purpose of Processing” column.

#: Name of Service and Website and/or App Policies on Privacy Services used Purpose for processing Lawful basis for processing Type of Data
1. Google (Google, Inc. – U.S.) Privacy PolicyOpt Out Google AdSense, Google AdWords, Google Analytics Traffic and User behavior information, Advertisement tools Legitimate interest as per Section 2 of our Privacy Policy Anonymized data processed for statistical and advertisement purposes
2. Google (Google, Inc. – U.S.) Privacy Policy Google Wallet Processing of Payment made via our App Fulfillment of Contractual obligations as per our Terms of Service Billing credentials sent to a secure payment server. The Service doesn’t have access to your billing information
3. Apple (Apple, Inc. – U.S.) Privacy Policy Apple Pay Processing of Payment made via our App Fulfillment of Contractual obligations as per our Terms of Service Billing Credentials sent to a secure payment server. The Service doesn’t have access to your billing information