Website Privacy Statement

 

  1. Scope of this Privacy Statement

 

This Privacy Statement describes the types of personal information Swell Systems Inc. (“Swell,” “us,” “we” or “our”) collects through our website located at https://swellsystem.com (the “Site”), and how we collect, use, and share that information.  This Privacy Statement does not govern our collection of personal information through any website or other means, other than through the Site.  

 

By using the Site, you explicitly accept, without limitation or qualification, our practices surrounding the collection, use, and sharing of personal information provided by you in the manner described in this Privacy Statement.  If you do not agree with the terms of this Privacy Statement, please do not access, browse, or use the Site.

 

  1. Personal Information We Collect

 

  1. Information You Give Us

 

You do not have to give us any personal information to browse this Site.  However, you may be asked to provide personal information to submit or request information from us, or to use the services offered through this Site.  Once you provide us with personal information about you, you are no longer anonymous to us.  This information may include:

 

  • Registration Information: When you sign up for the Site, you are required to provide information such as your name, username, password, and email address.  You may be required to provide information about your company, such as the name of your company, company address (including city, state and zip code), and the name and email address of the primary contact within the company.

 

  • Profile Information: You may choose to provide us with profile information, such as your picture, bio, interests, business address, email address, phone number, and links to other websites. By default, this information will be made public to users of the Site.   Please see Section VI for information about how to manage the information you share through the Site.  

 

  • Payment Information: If you purchase products, services, or subscriptions through the Site, you will be required to provide payment card information so that we may process the transaction, including without limitation the name of the cardholder, payment card number, CVV number, payment card expiration date, billing address, shipping address, and the recipient’s name.

 

  • User Testimonials and Pictures: You may choose to provide us with user testimonials, including pictures that you submit to the Site.  This information may be made public to users of the Site and other third parties.  

 

  • Additional Information: Additional information that you provide to us, including through the use of our services, feedback, messages, emails, posts to public discussion boards (including requests for referrals), answers to surveys or questionnaires that you may submit.  

 

  • Emails: You may choose to sync your third party email account with our services and send emails through the Site.  If you choose to use this email feature, you will be required to provide your email host, username and password for your third party email account.  We access your email messages in real time when you sync your email and we do not store your emails on our servers unless you use the “delay send” feature.  If you choose to delay the transmission of an email, we will save that email until the time it is sent.  

 

  • Sync with Third Parties: You may choose to sync your account with certain third party services, such as your address book, calendar, chat messages, invoices, estimates, leads, opportunities, and workroom.  We may receive personal information and other information when you sync the third party services with our Site.  For example, if you sync your contacts, we will receive the contact information.  If you sync your calendar, we will receive your calendar information.  

 

  1. Location Information.

We may collect your physical location information if you use the Site on a location-enabled device (including GPS, cellular, and Wi-Fi networks) or from your browser.  

  1. Automated Information Collection

We may collect certain information about your use of the Site through the use of tracking technologies or by other passive means.  We may use analytics applications such as Google Analytics to help collect and analyze this information.  This “passively collected” information includes, but is not limited to, the domain name of the website that allowed you to navigate to the Site, search engines used, the internet protocol (IP) address used, the length of time spent on the Site, the pages you looked at on the Site, other websites you visited before and after visiting the Site, the type of internet browser you have, the frequency of your visits to the Site, and other relevant statistics, including the following:  

  • Log Information.  When you access the Site, our servers automatically record information that your browser sends whenever you visit a website. These server logs may include information such as your web request, IP address, browser type, browser language, the date and time of your request, your computer operating system, mobile device and mobile operating system, name of your internet service provider or your mobile carrier, and one or more cookies (small text files containing a string of characters) that may uniquely identify your browser.
  • Links.  The Site may include links in a format that enables us to keep track of whether these links have been followed by IP addresses.  We use this information to improve the quality of our products and design.
  • Location Information.  We may receive location data passed to us from location-enabled devices or that you have enabled, from your browser, or from third party services.  
  • URLs.  When you visit or access the Site, we automatically receive the URL of the site from which you came and the site to which you are going when you leave the Site.  Additionally, advertisers receive the URL of the page you were on when you click on an ad on the Site.
  • Cookies.  When you visit or access the Site, we send one or more cookies (small text files containing a string of characters) to your computer that uniquely identifies your browser.  We use cookies to improve the quality of the Site by storing user preferences and tracking user trends.  Most web browsers accept cookies automatically, but can be configured not to do so or to notify the user when a cookie is being sent.  If you wish to disable cookies, refer to your browser help menu to learn how to disable cookies.  Please note that if you disable cookies, you may not be able to use some customized features available through the Site.
  • Web Beacons.  Web beacons (also known as “pixel tags” or “clear GIFs”) are 1x1 single-pixel graphics that allow us to count the number of users who have visited or accessed the Site and to recognize users by accessing our cookies.  We may employ web beacons to facilitate Site administration and navigation, to track the actions of users of the Site, to compile aggregate statistics about Site usage and response rates, and to provide an enhanced online experience for visitors to the Site.  We may also include web beacons in HTML-formatted e-mail messages that we send to determine which e-mail messages were opened.  
  • Aggregate Information.  We may compile certain personal information and other information collected through the Site on an aggregate basis.  This information may include, without limitation, the number of people who have visited the Site and other user demographics.  Such aggregate information does not identify you individually.

III. How We Use Personal Information

 

Personal information collected through the Site may be used by us and our affiliates for purposes of:

 

  • Managing your account and providing the products and services you select through this Site;
  • Responding to your questions and feedback;
  • Contacting you, whether by email, postal mail, or telephone with information about this Site, our products, or our services;
  • For such purposes as you may authorize at the time you submit the information;
  • Auditing, research, and analysis to maintain, protect, and improve this Site and our services;
  • Ensuring the technical functions of our network;
  • Improving and customizing the content and layout of the Site;
  • Tailoring advertisements to you;
  • Developing new products and services; or
  • Compiling personal information and other information collected through the Site on an aggregate basis.
  1. Personal Information We Share

 

We do not sell, rent, trade, or otherwise share personal information collected through the Site, except as described below:

  • In Connection with our Offerings.  The Site involves the sharing of certain personal information collected through the Site with (i) other users of the Site, and (ii) as you otherwise provide your consent.  If you use our services, any information that you submit to our Site or through the services may be shared with other members of your company based on the settings chosen by your company’s account administrator.  In addition, you may choose to use the Site to communicate with third parties, such as by using SWELLEnterprise to email your clients.

Information which you upload, post, e-mail, submit or otherwise transmit in connection with the Site to a public message board, chat area or other public area of the Site will be made public to users of the Site, including certain metadata related to such activities (such as timestamps).  You are solely responsible for any such information you choose to post on or through the Site.  All information that is posted to a message board, chat area, or other public area of the Site may be shared by us with others.

  • Subsidiaries and Affiliates.  We may share personal information with our subsidiaries and affiliates for the purposes for which you provided the information or as reasonably necessary for our internal administrative and business purposes.
  • Service Providers.  We work with third parties that provide services on our behalf.  Such services may include website hosting, marketing, push notifications, website usage analytics, and order fulfillment service providers.  We may share personal information and non-personal information with these third parties for the purpose of enabling them to provide these services.  We do not bear any responsibility for any actions or policies of such third parties.
  • Consent.  We may share personal information in accordance with any consent you provide.
  • Required by Law.  We may disclose personal information or any information collected through this Site if we are required to do so by law or pursuant to legal process, in response to a request from government officials or law enforcement authorities, or as necessary or appropriate in connection with an investigation of illegal activity.
  • Certain Transactions.  We may disclose or transfer personal information or any information collected through this Site to third parties who acquire all or a portion of our business, whether such acquisition is by way of merger, consolidation, or purchase of all or a portion of our assets, or in connection with any bankruptcy or reorganization proceeding brought by or against us.  
  1. Aggregate Information  

 

We may compile personal information and other information collected through the Site on an aggregate basis.  This information may include, without limitation, the number of users who have registered for the Site, demographic information about users of the Site, and individual purchase preferences.  Such aggregate information does not identify you individually.  We may use aggregate information and share aggregate information with third parties for any of the purposes specified in this Privacy Statement, and for any other lawful purpose.

 

  1. Your Choices

 

  1. Information You Provide

 

You can always choose whether or not to provide information on the Site.  However, if you choose not to disclose certain information, you may not be able to register as a user of the Site, which may limit your access to certain portions of the Site.  

 

  1. Communications From Us  

 

If at any time you decide that you no longer wish to receive notices from us regarding the Site, you may indicate this preference by contacting us at [email protected]  

 

  1. Do Not Track

 

Our Site does not honor “do not track” signals or other mechanisms.  However, as described in more detail in Section II.C of this Privacy Statement, you can configure your browser not to accept cookies or to notify you when a cookie is being sent.  

 

VII. Information Storage and Security

 

We employ reasonable security precautions to help protect against the loss, misuse, and alteration of personal information provided on or through the Site.  These security measures include TLS security best practices and Secure Socket Layer (SSL) technology data transmission.  However, no method of transmitting or storing data is completely secure.  As a result, although we strive to protect personal information about you, we cannot guarantee the security of any information you transmit to us through or in connection with the Site.  If you have reason to believe that personal information is no longer secure, please notify us immediately by contacting us in accordance with the last section below.

 

VIII. A Special Note about Children

 

Children are not eligible to use the Site, and we ask that minors (children under the age of 18) not submit any personal information to us.  

 

  1. External Links

 

The Site may contain links to various websites that we do not control.  When you click on one of these links, you will no longer be transacting business through the Site.  Third party websites maintain their own privacy policies, and we do not exercise any control over any of the third party websites that may be linked to the Site.  If you visit a website that is linked to the Site, you should consult that website’s privacy policy before providing any personal information.  Please be aware that we are not responsible for the privacy practices of such other websites, and we are not liable for their misuse of personal information about you.

  1. Special Admonitions for International Use

The Site is hosted in the United States and is intended for use by residents of the United States of America only.  All matters relating to the Site are governed exclusively by the laws of the State of North Carolina in the United States of America and not the jurisdiction in which you are located.  If you are located outside of the United States of America and you contact us, please be advised that any information you provide to us will be transferred to the United States of America and that by submitting information, you explicitly authorize such transfer.  

  1. Updates to this Privacy Statement

 

We may change or update the Site or any of our policies and procedures without prior notice.  We will post a notice on this Site to advise you of any significant changes to this Privacy Statement and indicate via the “Last Updated” legend at the bottom of this Privacy Statement when it was most recently updated.  Your continued use of the Site signifies your continued assent to the terms of this Privacy Statement, as updated or amended at that time.

 

XII. Questions Regarding this Privacy Statement

If you have any questions or comments regarding this Privacy Statement, please send us an email at [email protected]lsystem.com.

This Privacy Statement is effective as of July 23, 2017.

Last Updated:  July 23, 2017