Swell Systems Website Privacy Statement


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 and (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.  


Our processing of personal data, such as the name, address, e-mail address, or telephone number, shall be undertaken consistent with the requirements of the General Data Protection Regulation (“GDPR”).  The purpose of this Privacy Statement is to provide to users and potential users of our website information about the nature, scope, and purpose of the personal data we collect, use and process and to advise data subjects of their rights. Whether as the data controller or processor, Swell has implemented numerous technical and organizational measures to ensure the protection of personal data processed through this website. However, Internet-based data transmissions may in principle have security gaps, so absolute protection may not be guaranteed.


By using the Site, you accept 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, you cannot access, browse, or use the Site.


Personal Information We Collect


Information You Give Us


Except for physical location information and tracking technologies (as described below), 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 below 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.  


Google user data
SWELLEnterprise is able to integrate with the user's Gmail, Google Calendar, and Google Drive account to let users read/write/update and delete using the Google Calendar API, Google Drive API, and Gmail API. The service integrates into Google Calendar, Google Drive, and Gmail and needs to connect with your Google account. The only information we store is the email address of the Gmail account you have connected to our service, the access token, and identifiers for drafts, events, and messages used through the service. We use this information only to provide you with the following services:

Email sending through the SWELLEnterprise platform on your behalf;
Tracking of replies to messages sent through the SWELLEnterprise platform;

We do not store incoming emails or files from your Google Drive and Gmail accounts. In case of a new email in your Inbox, we analyze it using automated algorithms and record only the results of the analysis to provide accurate campaign functioning, campaign statistics, and operability of the Remind Me to feature in case the sent email receives no reply.

We use access to your folders such as Inbox, Sent, Draft, Trash through your Gmail account to allow you to read messages and move messages between folders.

We use access to draft sending in your Gmail account to ensure the operability of the Email Scheduling feature.

We can add a tracking pixel to the body of emails sent through our service to track email opens and edit links in your emails to track link clicks. We use data acquired through these tracking methods to maintain email campaign operability and provide campaign reports.

We use access to your Google Calendar to allow you to sync your events between SWELLEnterprise and Google Calendar.  These permissions allow you to read/write/edit and delete events using the Google Calendar API. We may store event details created in SWELLEnterprise including event title, description, start and end times.

We use access to your Google Drive folder to allow you to read/write/edit and delete folders using the SWELLEnterprise file manager and Google Drive.  Your files are not stored on our server and we have no way of accessing these files.

You can revoke SWELLEnterprise’s access to your Google Calendar, Google Drive, and Gmail account in the profile settings page of your SWELLEnterprise account or here. If you decide to do so, we will lose access to your Gmail, Google Drive, and Google Calendar account and will no longer be able to provide you email sending services through Gmail API, the ability to manage your Google Calendar events, the ability to use the SWELLEnterprise File Manager with your Google Drive or implement Email Scheduling and Appointment Scheduling feature with SWELLEnterprise.

We delete all data collected from your Gmail, Google Calendar, and Google Drive account upon request.

We do not share or pass data to any third parties under any circumstances. We can only give access to data to authorized authorities upon lawfully authorized request or in cases of emergency.

Swell's use of information received, and Swell's transfer of information to any other app, from Google APIs, will adhere to Google's Limited Use Requirements.

Location Information.


In order to access and use certain areas or features of the Site, you consent to our collection and use of 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.  


Automated Information Collection


In addition, you consent to our collection and use of 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, you also consent to our servers automatically recording 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.  You consent to our collection and use of this information to improve the quality of our products and design.


Location Information.  You consent to our receipt of 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, you consent to our receipt of 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, you consent to our use of 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.  You consent to our use of web beacons to facilitate Site administration and navigation, to track the actions of users of the Site, to compile aggregated 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


Swell Systems complies with its obligations under GDPR by: keeping personal data up to date where needed based on the purposes for which the personal data is being processed; by not collecting or retaining excessive amounts of data; by ensuring that appropriate technical measures are in place to protect personal data from loss, alteration, misuse, unauthorized access, and disclosure as it is transmitted, stored, or otherwise processed, and by using appropriate measures to securely destroy personal data when it is no longer needed by Swell Systems.


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 with your consent;

Developing new products and services; or

Compiling personal information and other information collected through the Site on an anonymous aggregated basis.


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 that you upload, post, e-mail, submit or otherwise transmit in connection with the Site to a public message board, chat area, or other public areas 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 areas 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.  

Anonymous Aggregate Information  


We may compile de-identified personal information and other information collected through the Site on an anonymous aggregated 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 anonymous aggregated information does not identify you individually. We may use anonymous aggregated information and share anonymous aggregated information with third parties for any of the purposes specified in this Privacy Statement, and for any other lawful purpose.


Your Choices


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.  


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 support@swellsystem.com.  


Do Not Track


As described in more detail below, you can configure your browser not to accept cookies or to notify you when a cookie is being sent.  


Your Rights and Your Personal Data


Unless subject to an exemption under the GDPR, you have the following rights with respect to your personal data:

  • The right to request a copy of your personal data which the Swell holds about you;
  • The right to request that the Swell correct any personal data if it is found to be inaccurate or out of date;
  • The right to request your personal data is erased where it is no longer necessary for Swell to retain such data;
  • The right to withdraw your consent to the processing at any time of personal data to which you provided consent for processing;
  • The right to request that Swell provide you with your personal data and where possible, to transmit that data directly to another data controller (known as the right to data portability);
  • The right, where there is a dispute in relation to the accuracy or processing of your personal data, to request a restriction is placed on further processing;
  • The right to object to the processing of personal data (where applicable); and
  • The right to lodge a complaint with a data supervisory authority.


Transfer of Data Abroad


Swell will transfer personal data abroad only when there has been a documented adequacy determination, or where Swell has confirmed adequate privacy protections.  If Swell transfers personal data to a third party acting as an agent of Swell, we will also require the third party to have adequate privacy protections in place.


Swell may transfer personal data to and on behalf of clients and third party’s with whom Swell has an existing service agreement or as part of our legal obligations, each of which shall be subject to Swell policies, and only to the extent necessary for purposes of legitimate interests pursued by the data controller (or by a third party).


Automated Decision Making


Under GDPR, data subjects shall have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her, or similarly significantly affects him or her, as long as the decision (1) is not is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) is not authorized by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, or (3) is not based on the data subject’s explicit consent.

If the decision: (1) is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) it is based on the data subject’s explicit consent, Swell shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and contest the decision.

If a data subject wishes to exercise the rights concerning automated individual decision-making, he or she may at any time directly contact us.


Further processing

If we wish to use your personal data for a new purpose, not covered by this Privacy Statement, then we will provide you with a new notice explaining this new use prior to commencing the processing and setting out the relevant purposes and processing conditions. Where and whenever necessary, we will seek your prior consent to the new processing.


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.  


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.


Special Admonitions for International Use


The Site is hosted in the United States.  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.  


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.


Name and Address of the Controller


The Data Controller for the purposes of GDPR or other data protection laws applicable in Member states of the European Union and other provisions related to data protection this is:


Swell Systems Inc.

Attn: Derek Schmidt

1844 Sir Tyler Drive

Wilmington, NC 28405


Any data subject may, at any time, contact us directly with any questions and suggestions concerning data protection.


XII. Questions Regarding this Privacy Statement


If you have any questions or comments regarding this Privacy Statement, please send us an email at support@swellsystem.com.


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


Last Updated:  September 11, 2019