Swaypay Privacy Policy

 Effective Date: August 13, 2022

Introduction

Swaypay offers a mobile app meant to make it easier and more rewarding for you to buy things online and track your orders. For example, we offer the Swaypay app to help you track your purchases you have made online, and Swaypay Rewards to earn cash back on your purchases for sharing them. When you use our mobile app, we use your personal information to provide you with and improve the specific features you are using.

When we reference "this statement", "this privacy statement" and "our statement", we mean the Privacy Policy you are reading now. The phrase "users" means individuals who have:

downloaded and used the Swaypay App; or made a purchase from one of our Merchants.

What Information We Collect about you, why, and how we use it

Personal Information you provide about yourself, like your name, address, email address, and phone number.

  • To provide you with - and improve - the Swaypay app or service you are trying to use (e.g., to confirm your identity, to contact you about our products or services)
  • To provide you with recommendations of other stores near the addresses you provide
  • To advertise and market Swaypay services or features to you
  • To comply with legal requirements

Payment information you provide, such as your Venmo or PayPal account

  • To issue your Swaypay Rewards

Connected Email Account Information from email messages in the email inboxes you authorize us to connect to, and information from email or text messages you transfer to the app to be included in your order history.

  • In order to provide services through Swaypay (and improve the product), we use automated software to identify Swaypay-related emails in Gmail or other inboxes that you connect to Swaypay so that we can display within the app information about specific orders you have made, stores you have engaged with in the past, and other related information. Note that by connecting email inboxes or transferring emails to Swaypay, no humans will have access to the content of your email messages unless you specifically allow this type of access.
  • To personalize your experience using our apps and services (e.g., by changing how we may order items that we show you)
  • To automate the process of reporting purchases you link to other activities on our Services, which saves you time and can lead to a smoother verification process.
  • In order to access these emails, an independent third party auditor has taken a look at how Swaypay uses and protects your email information, and has confirmed that we meet Google’s standards. Swaypay’s use and transfer to any other app of information received from Google Accounts will adhere to Google API Services User Data Policy, including the Limited Use requirements.
  • We do NOT use this information to provide you with marketing or advertising from other stores or services

Information about purchases you have made through other marketplaces or platforms, such as Shopify stores, which you authorize to connect to Swaypay.

  • To provide and improve Swaypay -- in particular, to identify specific orders you have made, so that we can display those orders and related information (e.g., a list of stores you have made purchases from)
  • To personalize your experience using our apps and services (e.g., by changing how we may sort items that we show you)
  • To determine if you are eligible for specific Offers
  • We do NOT use this information to provide you with marketing or advertising from other stores or services

Connected TikTok account Information from your TikTok which you authorize us to connect to in order to earn cash rewards

Non-Personal Information about how you access and use Swaypay app, websites, and other services, including information about the device and browser you use, your network connection, your IP address, submissions through the app, and details about how you browse through our apps and sites. We collect some of this information by using “cookies” or other similar technologies directly from your device.

  • To provide you use of, and to improve, our apps and services (e.g., identifying ways to make our platform easier to use or navigate)
  • To personalize your experience using our apps and services (e.g., by changing how we may order items that we show you)
  • To maintain the security of the service
  • To detect or prevent fraud or spam

How does Swaypay Collect Information?

Personal Information You Provide:

  • Depending on how you interact with us or our Services, we may ask you to provide certain Personal Information. Among other things, this can happen when you choose to engage in the following activities:
  • purchase a product or service;
  • request information;
  • participate in a survey;
  • interact with our social media pages;
  • subscribe to one of our newsletters;
  • create an account;
  • communicate with us;
  • participate in other activities offered by Swaypay that require your Personal Information; or
  • post content where permitted on our website or our other online locations.
  • We may also collect Personal Information that you voluntarily provide when you engage with us or our Services.

Your Rights Over your Information

We believe that you should have the right to access and control your own personal information no matter where you live. We generally retain your personal information until you stop using the Swaypay app in question and inform us that you would like your personal information to be deleted. If you would like to access or request that we delete your personal information, please follow the instructions below:

  • If you are a Swaypay user: To make a request to access your information or another type of request, please email support@swaypayit.com 
  • If you receive newsletters or marketing from us: please click ‘Unsubscribe’ from the bottom of those emails

Please keep in mind that after we anonymize your information, we will continue to use aggregated non-identifiable information to improve our services.

With Whom Do We Share Your Information?

Service Providers:

We may share your Personal Information with our Service Providers as necessary to complete any transaction, provide any service you request, and otherwise to operate and make the Services available in connection with the services they provide to us, including, without limitation, order fulfillment, marketing of our Services, data hosting, fraud protection and prevention, and as otherwise provided in this privacy statement. 

One of our Service Providers is PayPal, who provides payment processing services to us (“Authorized Money Transmitters”). All payment processing information is collected directly by PayPal and we do not collect or retain any financial information, such as credit card numbers, used to process payments. The collection and use of the Personal Information PayPal collects from and about you is governed by the PayPal Privacy Statement

Our Service Providers are authorized to use your Personal Information only to perform the services we engage them to provide. Our Services Providers are required to exercise reasonable care to protect your Personal Information and to restrict their use of your Personal Information to the purposes for which it was provided to them.

Merchants:

If you use the Services to complete a purchase from a third-party provider ("Merchant"), Swaypay will provide the information requested by the Merchant in order to complete the transaction. You expressly authorize Swaypay to disclose to the Merchant any information requested. The Merchant will be permitted to use the information in the same manner as if you had provided the information directly to the Merchant.  Please review the Privacy Policy and Terms of Service of any Merchant before you make a purchase.

Other Ways We May Share your Personal Information:

We may disclose Anonymized Data without restriction.

We may share your Personal Information with government and law enforcement officials or private parties where necessary to enforce and comply with the law. To the extent permitted under applicable law, we may disclose any Personal Information and other information to government or law enforcement officials or private parties as we believe is necessary or appropriate to investigate, respond to and defend against legal claims, for legal process (including subpoenas), to protect our property and rights of those of a third party, to protect us against liability, for the safety of the public or any person, to prevent or stop any illegal, unethical, fraudulent, abusive or legally actionable activity, to protect the security and integrity of our Services and any equipment used to make our Services available or to comply with applicable laws.

We may share your Personal Information with applicable third parties in connection with a merger, acquisition, bankruptcy or other sale of all or a portion of our assets. We reserve the right, in connection with these types of transactions, to transfer or assign your Personal Information and other information we, or third parties acting on our behalf, have collected to third parties or to authorize such third parties to use any such information. Except as ordered by a bankruptcy or other court, the use and disclosure of all transferred Personal Information will be subject to this privacy statement. However, any Personal Information you submit or that is collected after this type of transfer may be subject to a new privacy policy adopted by the successor entity.

We may also disclose your personally-identifying information if you expressly consent to the disclosure.

We will share your Personal Information with any third party to whom you consent and/or instruct us to provide your Personal Information.

Security

We are committed to protecting your Personal Information. We regularly test our facilities and use a variety of security technologies and procedures to help protect your Personal Information from unauthorized access, use or disclosure. Nevertheless, when disclosing Personal Information, you should remain mindful that there is an inherent risk in the transmission of information via the Internet and mobile platforms. Although we take precautions to protect against the risk of unauthorized access to your Personal Information, we cannot guarantee the security of any information, including your Personal Information, that you disclose online, and you do so at your own risk.

We Do Not Sell Your Personal Information

Swaypay does not, to the best of our knowledge, sell or rent personal information that we have collected or retain about you to any other third-party for any purpose. Accordingly, we do not offer individuals the ability to "opt-out" of the selling or renting of personal information because we do not engage in those practices.

Our Data Retention Criteria

The period during which we store your personal information varies depending on the purpose for the processing. For example, we store Personal Information needed to provide you with products and services. We store your Personal Information for marketing purposes until you have opted-out of receiving further direct marketing communications in accordance with applicable law. In all other cases, we store your Personal Information for as long as is needed to fulfill the purposes outlined in this Privacy Policy, following which time it is either anonymized (where permitted by applicable law), deleted or destroyed.

Our Use of Cookies and Analytical Tools

Types of Cookies We Use:

Cookies are useful because they help arrange the content and layout of the online portions of our Services and allow us to recognize those computers or other devices that have been to our Services before. Cookies do many different jobs, such as allowing our Services to remember your preference settings and helping us to enhance the usability and performance of our Services and your experience using them. Our Services also may contain electronic images known as web beacons – sometimes called  single-pixel gifs – that allow us to count the number of users who have visited specific pages. We may also include web beacons in promotional e-mail  messages or newsletters in order to determine whether messages have been opened and acted upon. The types of cookies or similar technologies that may be used on our Services can be categorized as follows: Strictly Necessary, Performance, Functionality & Profile and Advertising.

Strictly Necessary Cookies. These cookies are essential for basic functionalities of certain portions of our Services, and they enable you to move around our Services and use their features, particularly in connection with information searches and order placement. Without these cookies, services you have asked for cannot be provided.  These cookies do not gather information about you that could be used for marketing or remembering where you have been on the Internet. Examples of strictly necessary cookies are a shopping basket cookie, which is used to remember the products that you wish to purchase when you add products to your shopping basket or proceed to checkout, a login/ authentication cookie which allows and manages your login to the Site and identifies you after logging in for a single session, a session cookie which is required to carry out the data transmission and provide the Site to you, a security cookie that detects repeat failed login attempts or similar abuses of the Sites. These types of cookies are regularly stored only as long as required for their purpose.

Performance Cookies. These cookies collect information about how you use certain portions of our Services, for example which  pages you go to most often and if you get any error messages from certain  pages. These cookies collect  information  that is  used to improve how our Services work. Without  these cookies we cannot learn how our Services are performing and make relevant improvements that could better your browsing experience. Examples  of performance cookies that our Services use include cookies from Google and Adobe Analytics (see further discussion below).

Functionality & Profile Cookies. These cookies allow certain portions our Services to store information that you provide, such as preferences, and to store technical information useful for your interactions with our Sites. For instance, they remember your user ID and elements of your user profile. They also ensure that your experience using the Services is relevant to you. They may also be used to provide services you have asked for such as watching a video or commenting on a blog. These cookies will not be used to track your browsing activity on other websites. Without these cookies, a website cannot remember choices you have previously made or personalize your browsing experience. For example, we use a cookie to store your language preferences, which allows us to present you with product search results in the correct language, and we use a cookie to store your choice about the appearance of the cookie information banner that we display on relevant portions of our Services. This cookie will help us remember your choice about the appearance of the cookie information banner when you subsequently visit the same site where you made your choice about the banner and any other Swaypay sites with the same domain or the same top-level domain.

Advertising Cookies and Similar Technologies. These cookies or similar technologies may be used to deliver advertisements that are more relevant to you and your interests. They may also be used to limit the times you see an advertisement as well as help to measure the effectiveness of the advertising campaign. These cookies may track your visits to other websites. Without these cookies or other technologies, online advertisements you encounter will be less relevant to you and your interests.

Setting your cookie preference:

You can usually modify your browser settings to decline cookies and you can withdraw your consent at any time by modifying the settings of your browser to reject or disable cookies or by opting out of specific cookies through the opt-out options shared below. If you choose to decline cookies altogether, you may not be able to fully experience the features of the online portions of our Services that you visit.

Our use of web analytics

We use different analytic tools which serve the purpose of measuring, analyzing and optimizing our marketing measures and provide you with customized advertisements that could be of particular  interest to you. In particular, we use the following tools:

  • Google Analytics uses cookies which enable an analysis of your use of the Sites. The information collected (IP address, browsing activities and other data linked to your usage of the Sites) is usually transferred to a Google server in the USA and stored there. You can prevent Google Analytics from recognizing you on return visits to the Sites by disabling cookies on your browser. To see how you can opt-out of certain Google features, visit: Google Analytics Opt Out Link.
  • Google Tag Manager helps to manage website tags through a single interface. The tool itself (implementing the tags) triggers other tags that may themselves collect (personal) data. However, Google Tag Manager does not access this data.
  • The LinkedIn Insight Tag is a lightweight JavaScript tag that powers conversion tracking, website audiences, and website demographics for LinkedIn ad campaigns. The Insight Tag is incorporated as a standard component of the online portion of our Services to enable these LinkedIn features. To see how you can opt-out of certain LinkedIn features, visit LinkedIn Opt Out Link.

Children's Privacy

Swaypay’s Services are not intended for children under the age of 14 and Swaypay does not knowingly collect any information from children under 14 years old through its Services. If the parent or guardian of a child under 14 believes that the child has provided us with any information, the parent or guardian of that child should contact us if they want this information deleted from our files. If Swaypay obtains knowledge from any source that it has information about a child under 14 in retrievable form in its files, we will delete that information from our existing files. Children over 14 but under 18 years of age may only access or use the Services under the direct guidance and supervision of a parent or guardian whom has accepted the Agreement on their behalf.

Your Rights and Responsibilities

You are permitted, and hereby agree, to only provide Personal Information to Swaypay if such Personal Information is accurate, reliable, and relevant to our relationship and only to the extent such disclosure will not violate any applicable data protection law, statute, or regulation.

You may have certain rights under applicable data protection law with respect to Personal Information about you that is collected through our Services or when you contact or otherwise engage with us. To exercise any of these data privacy rights, please contact us, or have your authorized agent contact us, in accordance with the "Contact Us" section listed below. In the event you submit, or your authorized agent submits on your behalf, a data request, you (and your authorized agent) hereby acknowledge and agree, under penalty of perjury, that you are (or the authorized agent of) the consumer whose personal information is the subject of the request. We will respond to any data requests within the timeframes required by law, and we may charge a fee to facilitate your request where permitted by law.

You have the right to opt-out of receiving electronic direct marketing communications from us. All electronic direct marketing communications that you may receive from us, such as e-mail messages, will give you an option of not receiving such communications from us in the future.

If you are a California resident, under California’s Shine the Light Law (California Civil Code Section 1798.83) you have the right to request the following information regarding our disclosure of your Personal Information third parties for direct marketing purposes: (1) the categories of Personal Information we disclosed to third parties for their direct marketing purposes during the preceding calendar year; (2) the names and addresses of the third parties that received the information; and (3) if the nature of the third party’s business cannot be determined from their name, examples of the products or services they marketed. This information may be provided in a standardized form that is not specific to you.

You are permitted to obtain this information from us once a year, free of charge. To make such a request, please submit your request in writing to:

Swaypay

Attn: CA Privacy Rights Request

104 Midwest Club Pkwy

Oak Brook, IL 60523

Some web browsers may transmit "do-not-track" signals to the Sites with which the user communicates. Because of differences in how web browsers incorporate and activate this feature, it is not always clear whether users intend for these signals to be transmitted, or whether they even are aware of them. We currently do not take action in response to these signals.

European Union (EU) Privacy Disclaimer

Swaypay processes personal information in accordance with the legal bases set forth in the EU General Data Protection Regulation (GDPR) or EU Member State law. For example, our processing of Personal Data on individuals (as described above) is justified based on statutory provisions that (1) processing is based on the consent; (2) processing is necessary for Swaypay's legitimate interests as set out herein; and (3) processing is necessary for the performance of a contract to which you are a party. If you are in the EU or afforded protection under the GDPR, you may have certain rights with respect to the Personal Data. To the extent permitted by applicable data protection laws, you may access the Personal Data we hold about you; request that inaccurate, outdated, or no longer necessary information be corrected, erased, or restricted; and, request that we provide your Personal Data in a format that allows you to transfer it to another service provider. You also may withdraw your consent at any time where we are relying on your consent for the processing of your Personal Data. You may object to our processing of your Personal Data where that processing is based on our legitimate interest. You have the right to lodge a complaint with your competent data protection authority. If you wish to exercise any of these rights, please contact us in accordance with the instructions provided below.

Nevada Privacy Disclaimer

Pursuant to Nevada law, a Nevada "consumer" (as the term is defined therein), may, at any time, submit a verified request through a designated request address to an "operator" directing the operator not to make any sale of his or her personal information that the operator has collected or will collect about the consumer. For clarity purposes, Swaypay does not sell or exchange your personal information for monetary consideration to a third party for the third party to license or sell the information to additional persons or parties.

Links to Third-Party Websites

The Services may contain links to other sites that are not operated by us. If you click on a third-party link, you will be directed to that third party's site. We strongly advise you to review the Privacy Policy of every site you visit.

We have no control over, and assume no responsibility for the content, privacy policies or practices of any third-party sites or services.

Changes to This Privacy Policy

We may occasionally update this Privacy Policy. When we do, we will revise the "last updated" date at the top of the Privacy Policy and take such additional steps as may be required by law.

Contact Us

If you have questions regarding this Privacy Policy, our handling of your personal information, or would like to request more information or exercise a data right, please contact us using the webpage at www.swaypayit.com or by email at support@swaypayit.com.