Privacy Policy

We collect personal information that you voluntarily provide to us when you use our Website and our Services or express an interest in obtaining information about us or our products and services or otherwise when you contact us.The personal information that we collect depends on the context of your interactions with us and our Website, the choices you make, and the Services you use. The personal information we collect may include the following:Personal Information Provided by You. We collect names, phone numbers, email addresses, mailing addresses, passwords, contact preferences, usernames, contact or authentication data; billing addresses; job titles, and other similar information.Payment Data. We may collect data necessary to process your payment if you make purchases, such as your payment instrument number (a credit card number) and the security code associated with your payment instrument. We use Authroize.net and Stripe to store payment data. You may find their privacy notice link(s) here: https://stripe.com/in/privacy and here https://usa.visa.com/legal/global-privacy-notice.html.All personal information you provide to us must be true, complete, and accurate, and you must notify us of any changes to such personal information.Information Automatically Collected:We automatically collect certain information when you visit, use, or navigate the Website and Services. It may include device and usage information, such as your IP address, browser, device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our website, and other technical information. Like many businesses, we also collect information through cookies and similar technologies.The information we collect includes:Log and Usage Data. Log and usage data are service-related, diagnostic, usage, and performance information our servers automatically collect when you access or use our Website and Services and which we record in log files. Depending on how you interact with us, this log data may include your IP address, device information, browser type, and settings, and information about your activity on the website (such as the date/time stamps associated with your usage, pages, files viewed, searches, and other actions you take such as which features you use), device event information (such as system activity, error reports (sometimes called ‘crash dumps’) and hardware settings).Device Data. We collect device data such as information about your computer, phone, tablet, or other devices you use to access the website. Depending on the device used, this device data may include your IP address (or proxy server), device and application identification numbers, location, browser type, hardware model, Internet service provider and/or mobile carrier, operating system, and system configuration information.Location Data. We collect location data, such as information about your device’s location, which can be either precise or imprecise. How much information we collect depends on the type and settings of the device you use to access the website. For example, we may use GPS and other technologies to collect geolocation data that tells us your current location (based on your IP address). You can opt-out of allowing us to collect this information either by refusing access to the information or by disabling your Location setting on your device. Note, however, if you choose to opt-out, you may not be able to use certain aspects of our Website or Services.Information Collected From Other SourcesTo enhance our ability to provide relevant marketing, offers, and services to you and update our records, we may obtain information about you from other sources, such as public databases, joint marketing partners, affiliate programs, data providers, as well as from other third parties. This information includes mailing addresses, job titles, email addresses, phone numbers, intent data (or user behavior data), Internet Protocol (IP) addresses, social media profiles, social media URLs, and custom profiles for purposes of targeted advertising and event promotion

We use personal information collected via our Website and Services for a variety of business purposes described below. We process your personal information for these purposes in reliance on our legitimate business interests, to enter into or perform a contract with you, with your consent, and/or for compliance with our legal obligations. 
‍
We use the information we collect or receive:
- Provide, operate, maintain, and improve the Website and Services
- To facilitate account creation and logon process
- Send you technical notices, updates, security alerts, and support and administrative messages
- Provide and deliver the Services and features you request, process, and complete transactions, and send you related information, including purchase confirmations and invoices
- Respond to your comments, questions, and requests, and provide customer service and support
- Communicate with you about services, features, surveys, newsletters, offers, promotions, events, and provide other news or information
- Post testimonials on our Website that may contain personal information. Prior to posting a testimonial, we will obtain your consent to use your name and the content of the testimonial. If you wish to update or delete your testimonial, please get in touch with us at privacy@swagup.com and be sure to include your name, testimonial location, and contact information.
- Monitor and analyze trends, usage, and activities in connection with the Website and Services and for marketing or advertising purposes
- Personalize and improve our Website and Services, and provide content and/or features that match your interests and preferences or otherwise customize your experience on our Website and our Services 
- Develop and display personalized content and advertising (and work with third parties who do so) tailored to your interests and/or location and to measure its effectiveness.
- To keep our website safe and secure (for example, for fraud monitoring and prevention).
- To enforce our terms, conditions, and policies for business purposes, to comply with legal and regulatory requirements, or in connection with our contract.
- To respond to legal requests and prevent harm. If we receive a subpoena or other legal request, we may need to inspect the data we hold to determine how to respond.
- Fulfill, service, ship and manage your orders, payments, returns, and exchanges made through our Website and Services.
- To send you marketing and promotional communications. We and/or our third-party marketing partners may use the personal information you send to us for our marketing purposes if this is in accordance with your marketing preferences. For example, we will collect personal information from you when expressing an interest in obtaining information about us, our Website or Services, subscribing to marketing, or otherwise contacting us. You can opt out of our marketing emails by notifying us at privacy@swagup.com.

We may process or share the data that we hold based on the following legal basis:

- Consent: We may process your data if you have given us specific permission to use your personal information for a specific purpose.
- Legitimate Interests: We may process your data as reasonably necessary to achieve our legitimate business interests.
- Performance of a Contract: Where we have entered into a contract with you, we may process your personal information to fulfill the terms of our contract.
- Legal Obligations: We may disclose your information where we are legally required to do so to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal processes, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements).
- Vital Interests: We may disclose your information where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which we are involved.

More specifically, we may need to process your data or share your personal information in the following situations:

- Business Transfers. We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.
- Vendors, Consultants, and Other Third-Party Service Providers. We may share your data with third-party vendors, service providers, contractors, or agents who perform services for us or on our behalf and require access to such information to do that work. Examples include payment processing, data analysis, email delivery, shipping products, hosting services, customer service, and marketing efforts. We may allow selected third parties to use tracking technology on our Website or Services, which will enable them to collect data on our behalf about how you interact with our Website and Services over time. This information may be used to, among other things, analyze and track data, determine the popularity of certain content, pages, or features, and better understand online activity. We improve our products and advertising by using Microsoft Clarity to see how you use our website. By using our Website, you agree that we and Microsoft can collect and use this data. Unless described in this notice, we do not share, sell, rent, or trade any of your information with third parties for their promotional purposes. We have contracts in place with our data processors designed to help safeguard your personal information.
- Affiliates. We may share your information with our affiliates, in which case we will require those affiliates to honor this privacy notice. Affiliates include any subsidiaries, joint venture partners, or other companies that we control or are under common control.

We only share and disclose your information with the following categories of third parties. If we have processed your data based on your consent and you wish to revoke your consent, please contact us at privacy@swagup.com.

- Cloud Computing Services
- Communication & Collaboration Tools
- Data Analytics Services
- Data Storage Service Providers
- Finance & Accounting Tools
- Shipping Carriers
- Payment Processors
- Performance Monitoring Tools
- Product Engineering & Design Tools
- Sales & Marketing Tools
- Testing Tools
- User Account Registration & Authentication Services
- Website Hosting Service Providers

We may use cookies and similar tracking technologies (like web beacons and pixels) to access or store information. When you visit or log in to our website, cookies and similar technologies may be used by our online data partners or vendors to associate these activities with other personal information they or others have about you, including by association with your email or home address.  We (or service providers on our behalf) may then send communications and marketing to these email or home addresses.  

Our servers are located in the United States. If you are accessing our Website or Services from outside the United States, please be aware that your information may be transferred to, stored, and processed by us in facilities located in the United States.

Suppose you are a European Economic Area (EEA) or the United Kingdom (UK) resident. In that case, these countries may not necessarily have data protection laws or other similar laws as comprehensive as those in your country. However, we will take all necessary measures to protect your personal information.

We will only keep your personal information for as long as it is necessary for the purposes set out in this privacy notice unless a longer retention period is required or permitted by law (such as tax, accounting, or other legal requirements). No purpose in this notice will require us to keep your personal information for longer than the period in which users have an account with us.

When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize such information or, if this is not possible (for example, because your personal information has been stored in backup archives). We will securely store your personal information.

You may request deletion or anonymity of your personal data at any time by sending a request to privacy@swagup.com

We have implemented appropriate technical and organizational security measures designed to protect the security of any personal information we process. However, despite our safeguards and efforts to secure your information, no electronic transmission over the Internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security, and improperly collect, access, steal, or modify your information. Although we will do our best to protect your personal information, the transmission of personal information to and from our Website and in connection with our Services, is at your own risk. You should only access the Website and our Services within a secure environment.

We do not knowingly solicit data from or market to children under 18 years of age. By using the Website or Services, you represent that you are at least 18 or that you are the parent or guardian of such a minor and consent to such minor dependent’s use of the website. If we learn that personal information from users less than 18 years of age has been collected, we will deactivate the account and take reasonable measures to delete such data from our records promptly. If you become aware of any data we may have collected from children under age 18, please contact us at privacy@swagup.com.

In Short: In some regions, such as the European Economic Area (EEA) and United Kingdom (UK), you have rights that allow greater access to and control your personal information. You may review, change, or terminate your account at any time.

In some regions (like the EEA and UK), you have certain rights under applicable data protection laws. These may include the right:

- To request access and obtain a copy of your personal information
- To request rectification or erasure
- To restrict the processing of your personal information
- If applicable, to data portability.

In certain circumstances, you may also have the right to object to the processing of your personal information. To make such a request, please use the privacy@swagup.com email. We will consider and act upon any request by applicable data protection laws.

If we are relying on your consent to process your personal information, you have the right to withdraw your consent at any time. However, please note that this will not affect the lawfulness of the processing before its withdrawal, nor will it affect the processing of your personal information conducted in reliance on lawful processing grounds other than consent.

Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. However, we may retain some information in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our Terms of Use, and/or comply with applicable legal requirements.

Cookies and similar technologies: Most Web browsers are set to accept cookies by default. If you prefer, you can usually set your browser to remove cookies and reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or services of our website

Opting out of email marketing: You can unsubscribe from our marketing email list at any time by contacting us at privacy@swagup.com. You will then be removed from the marketing email list. However, we may still communicate with you, for example, to send you service-related emails that are necessary for the administration and use of your account, to respond to service requests, or for other non-marketing purposes. 

California residents can exercise their rights under the California Consumer Privacy Act of 2018 (CCPA), as amended by the California Privacy Rights Act of 2020. California residents have certain rights to understand and request that we disclose details about how we handle your personal data.

Categories of Personal Data Collected
‍In the preceding 12 months, we have collected the following categories of personal data about California consumers. We may collect this personal data directly from you, from third parties, and from your interactions with us. The personal data categories are:identifiers, such as name, email address, address, and phone number; categories of personal data described in subdivision (e) of Section 1798.80, such as address, telephone number, employment; commercial information, such as records of products or services purchased and other transactional data;Internet or other network or device activity details, such as technical data about your use of our website, products and services; geolocation data, such as your approximate location based on IP address; professional or employment-related information, such as your employer and job role; education information and details such as education history, certifications and qualifications; any other information you provide to us in connection with a job application, such as information contained in a cover letter, information disclosed in an interview, or other information you volunteer during the application process; andinferences drawn from any of the above information.

Business and Commercial Purposes for Collection; 
Disclosures for a Business PurposeWe may collect all of the above categories of personal data to run our business and carry out our day-to-day activities.We collect and process personal data related to job applicants to recruit and hire, assess and evaluate a job applicant’s skills and qualifications, comply with legal obligations, and send information about positions at SwagUp that may be of interest to individuals.  Categories of personal data Sold or Shared for Cross-Context Behavioral AdvertisingIn the preceding 12 months, we may have disclosed the above categories of personal data to third-party advertising partners, such as in connection with our use of tracking technologies for cross-context behavioral advertising or by providing lists of email addresses for potential customers, so that we can reach you across the web with advertisements for our products and services. This may be considered “sharing” or a “sale” under the CCPA.  

The CCPA gives you certain rights regarding the Personal Data we collect about you:
Right to Know About Personal Data Collected, Disclosed, or Sold. You have the right to request to know what personal data we collect, use, disclose, share and sell about you.Right to Request Deletion of Personal Data. You have the right to request the deletion of your personal data collected or maintained by us as a business. Right to Opt-Out of the Sale or Sharing of Personal Data. You have the right to opt-out of the sale of your personal data by us as a business. We share personal data as described above, which may be considered a “sale” of personal data under the CCPA. You may opt out by notifying us at privacy@swagup.com. Right to Limit the Use and Disclosure of Sensitive Personal Data.  If we ever collect, use or disclose your sensitive personal data for a reason other than the legitimate business purposes as outlined under the CCPA and for any other purposes other than those described herein, we will update this Privacy Policy and provide you with instructions to limit the use and disclosure of your sensitive personal data.Right to Correct Inaccurate Personal Data.  You have the right to request the correction of your Personal Data if it is inaccurate and you may submit a request as further described below.Right to Non-Discrimination for the Exercise of Your Privacy Rights. You have the right not to receive discriminatory treatment by us for the exercise of your privacy rights conferred by the CCPA.Authorized Agent. You may designate an authorized agent to make a request under the CCPA on your behalf. We may require the agent to demonstrate proof of their authorization by providing us with a signed permission from you or a copy of your power-of-attorney document granting that right. In the case of the former, we may still request that you verify your own identity as described above or directly confirm that you have provided such permission.

Exercising Your Rights:
To exercise the access, data portability, correction and deletion rights described above, please submit a verifiable consumer request to us at privacy@swagup.com: Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative. Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. We will only use personal information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.
‍
Response Timing and Format
We will confirm receipt of your request and provide information about how we will process your request, including our verification process. We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time, we will inform you of the reason and the extension period in writing, which may be up to an additional forty-five (45) days.

We may change this Privacy Policy from time to time. If we make changes, we will revise the “Last Updated” date at the top of this Privacy Policy.  The updated version will be effective as soon as it is accessible. In some cases, we may provide you with additional notice (such as adding a statement to our homepage or sending you an email notification). We encourage you to review our Privacy Policy whenever you access our Website or Services to stay informed about our information practices and the ways you can help protect your privacy.

If you disagree with any changes to this Privacy Policy and do not wish your information to be subject to the revised Privacy Policy, you will need to deactivate your account with us and stop using our Website and Services. Your use of our Website and Services after the posting of such changes shall constitute your consent to such changes.

Based on the applicable laws of your country, you may have the right to request access to the personal information we collect from you, change that information, or delete it in some circumstances. To request to review, update, or delete your personal information, please contact us at privacy@swagup.com. We will complete your request within 90 days of receiving it.
‍

SwagUp Inc
Attn: Privacy Officer
226 Old New Brunswick Road
Suite B
Piscataway, NJ 08854
legal@swagup.com
646-494-0520