Effective as of the 30th of May, year 2018
- The Website and/or App’s Privacy Practices when handling your Personal Data
- The Website and/or App’s Sources on collecting of your Personal Data
- The Website and/or App’s method of processing of your Personal Data
References in this document to:
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;
1.3 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
2.2 Your Rights
2.3 Data Collection
- Execution of Agreement with You (for example, if you enter into an Agreement with Swiftly, we will use your Personal Data such as your Name, Address of Residence, Contact Number, postal Address or e-mail, to contact you and to fulfill any obligation we have under such Agreement)
- Handling and Processing your payments (for example, if the Service requires you to submit a payment, you shall be prompted to a secure server, in which you can input your billing details, that will not be stored on our Servers for any purpose)
- Providing you with access to your User Account and User Account Settings (for example, if you are a registered User on our Service, you may change certain privacy settings manually or by contacting our Customer Support e-mail)
- Send you occasional Newsletters or other periodic publications you have subscribed to (for example, you find our Services, and wish to be updated with new products and services that We have to offer, you may subscribe to our Newsletters)
2.4 Data Processing
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.
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.
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.
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
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 personal data is no longer necessary in relation to the purposes for which it was collected or otherwise processed;
- the personal data has been processed unlawfully;
- the personal data has to be erased in order to achieve compliance with a legal obligation of a Member state to which the Swiftly is a subject;
- the personal data have been collected in relation to the offer of information society services as per Article 8 of the GDPR
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:
- the accuracy of the personal data is contested by the Data Subject, for a period enabling the controller to verify the accuracy of the personal data;
- the processing is unlawful and the Data Subject opposes the erasure of the personal data and requests the restriction of their use instead;
- the controller no longer needs the personal data for the purposes of the processing, but they are required by the Data Subject for the establishment, exercise or defense of legal claims;
- the Data Subject has objected to processing in accordance to Article 21 of the GDPR. 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.
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.
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.
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.
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.
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
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.
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|