5. DO WE USE COOKIES AND OTHER TRACKING
TECHNOLOGIES?
In Short: We may use cookies and other tracking
technologies to collect and store your
information.
We may use cookies and similar tracking
technologies (like web beacons and pixels) to
access or store information. Specific information
about how we use such technologies and how you can
refuse certain cookies is set out in our Cookie
Notice.
6. IS YOUR INFORMATION TRANSFERRED
INTERNATIONALLY?
In Short: We may transfer, store, and process your
information in countries other than your own.
Our servers are located in
the
United States. If you are accessing our Services from outside
the
United States, please be aware that your information may be
transferred to, stored, and processed by us in our
facilities and by those third parties with whom we may
share your personal information (see 'WHEN AND WITH WHOM DO WE SHARE YOUR PERSONAL
INFORMATION?' above), in
the
United States,
Ireland, and other countries.
If you are a resident in the European Economic
Area (EEA) or United Kingdom (UK), then 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 in accordance with this privacy notice
and applicable law.
European Commission's Standard Contractual
Clauses:
We have implemented measures to protect your
personal information, including by using the
European Commission's Standard Contractual Clauses
for transfers of personal information between our
group companies and between us and our third-party
providers. These clauses require all recipients to
protect all personal information that they process
originating from the EEA or UK in accordance with
European data protection laws and regulations. Our Standard Contractual Clauses can be provided
upon request. We have implemented similar appropriate
safeguards with our third-party service providers
and partners and further details can be provided
upon request.
7. HOW LONG DO WE KEEP YOUR INFORMATION?
In Short: We keep your information for as long as
necessary to fulfil the purposes outlined
in this privacy notice unless otherwise required
by law.
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 keeping
your personal information for longer than
twelve (12)
months past the termination of the user's account.
When we have no ongoing legitimate business need
to process your personal information, we will
either delete or anonymise such
information, or, if this is not possible (for
example, because your personal information has
been stored in backup archives), then we will
securely store your personal information and
isolate it from any further processing until
deletion is possible.
8. HOW DO WE KEEP YOUR INFORMATION SAFE?
In Short: We aim to protect your personal information
through a system of organisational and technical
security measures.
We have implemented appropriate and reasonable
technical and organisational
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
unauthorised
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, transmission of personal
information to and from our Services is at your own
risk. You should only access the Services within a
secure environment.
9. DO WE COLLECT INFORMATION FROM MINORS?
In Short: We do not knowingly collect data from or
market to children under 18 years of age.
We do not knowingly solicit data from or market
to children under 18 years of age. By using the
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 Services. 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 promptly delete
such data from our records. If you become aware of
any data we may have collected from children under
age 18, please contact us at hi@swipemagic.xyz.
10. WHAT ARE YOUR PRIVACY RIGHTS?
In Short: In some regions, such as
the European
Economic Area (EEA), United Kingdom (UK), and
Canada, you have
rights that allow you greater access to and
control over your personal information. You may review, change, or terminate your
account at any time.
In some regions (like the EEA, UK, and Canada), you have certain rights under applicable data
protection laws. These may include the right (i)
to request access and obtain a copy of your
personal information, (ii) to request
rectification or erasure; (iii) to restrict the
processing of your personal information; and (iv)
if applicable, to data portability. In certain
circumstances, you may also have the right to
object to the processing of your personal
information. You can make such a request by
contacting us by using the contact details
provided in the section
'HOW CAN YOU CONTACT US ABOUT THIS NOTICE?' below.
We will consider and act upon any request in
accordance with applicable data protection laws.
Withdrawing your consent:
If we are relying on your consent to process your personal
information,
which may be express and/or implied consent depending
on the applicable law,
you have the right to withdraw your consent at any
time. You can withdraw your consent at any time by
contacting us by using the contact details provided
in the section
'HOW CAN YOU CONTACT US ABOUT THIS NOTICE?'
below.
However, please note that this will not affect the
lawfulness of the processing before its withdrawal
nor, when applicable
law allows,
will it affect the processing of your personal information
conducted in reliance on lawful processing grounds other
than consent.
Opting out of marketing and promotional
communications: You can unsubscribe
from our marketing and promotional communications at
any time by clicking
on the unsubscribe link in the emails that we send,
or by contacting us using the details provided in the
section 'HOW CAN YOU CONTACT US ABOUT THIS NOTICE?' below. You will then be removed from the marketing
lists. However, we may still communicate with you — for
example, to send you service-related messages that are
necessary for the administration and use of your account,
to respond to service requests, or for other non-marketing
purposes.
Account Information
If you would at any time like to review or change
the information in your account or terminate your
account, you can:
- Contact us using the contact information
provided.
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 legal terms 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 choose to set your browser
to remove cookies and to reject cookies. If you choose
to remove cookies or reject cookies, this could affect
certain features or services of our Services. You may
also
opt out of interest-based advertising by
advertisers
on our Services.
If you have questions or comments about your
privacy rights, you may email us at hi@swipemagic.xyz.
11. CONTROLS FOR DO-NOT-TRACK FEATURES
Most web browsers and some mobile operating
systems and mobile applications include a
Do-Not-Track ('DNT') feature or
setting you can activate to signal your privacy
preference not to have data about your online
browsing activities monitored and collected. At
this stage no uniform technology standard for
recognising
and implementing DNT signals has been
finalised. As such, we do not currently respond to DNT
browser signals or any other mechanism that
automatically communicates your choice not to be
tracked online. If a standard for online tracking
is adopted that we must follow in the future, we
will inform you about that practice in a revised
version of this privacy notice.
12. DO CALIFORNIA RESIDENTS HAVE SPECIFIC
PRIVACY RIGHTS?
In Short: Yes, if you are a resident of California, you
are granted specific rights regarding access to
your personal information.
California Civil Code Section 1798.83, also known
as the 'Shine The
Light' law, permits our users
who are California residents to request and obtain
from us, once a year and free of charge, information
about categories of personal information (if any) we
disclosed to third parties for direct marketing purposes
and the names and addresses of all third parties with
which we shared personal information in the immediately
preceding calendar year. If you are a California resident
and would like to make such a request, please submit
your request in writing to us using the contact information
provided below.
If you are under 18 years of age, reside in
California, and have a registered account with
Services, you have the right to request removal of
unwanted data that you publicly post on the
Services. To request removal of such data, please
contact us using the contact information provided
below and include the email address associated
with your account and a statement that you reside
in California. We will make sure the data is not
publicly displayed on the Services, but please be
aware that the data may not be completely or
comprehensively removed from all our systems (e.g.
backups, etc.).
CCPA Privacy Notice
The California Code of Regulations
defines a 'resident' as:
(1) every individual who is in the State of
California for other than a temporary or
transitory purpose and
(2) every individual who is domiciled in the
State of California who is outside the State of
California for a temporary or transitory purpose
All other individuals are defined as 'non-residents'.
If this definition of 'resident' applies to you,
we must adhere to certain rights and obligations regarding
your personal information.
What categories of personal information do we
collect?
We have collected the following categories of
personal information in the past twelve (12)
months:
| Category | Examples | Collected |
A. Identifiers | Contact details, such as real name,
alias, postal address, telephone or mobile
contact number, unique personal
identifier, online identifier, Internet
Protocol address, email address, and
account name |
YES
|
B. Personal information categories listed
in the California Customer Records statute | Name, contact information, education,
employment, employment history, and
financial information |
YES
|
C. Protected classification
characteristics under California or
federal law | Gender and date of birth |
NO
|
D. Commercial information | Transaction information, purchase
history, financial details, and payment
information |
NO
|
E. Biometric information | Fingerprints and voiceprints |
NO
|
F. Internet or other similar network
activity | Browsing history, search history, online behaviour,
interest data, and interactions with our
and other websites, applications, systems,
and advertisements |
NO
|
G. Geolocation data | Device location |
YES
|
H. Audio, electronic, visual, thermal,
olfactory, or similar information | Images and audio, video or call
recordings created in connection with our
business activities |
NO
|
I. Professional or employment-related
information | Business contact details in order to
provide you our Services at a business
level or job title, work history, and
professional qualifications if you apply
for a job with us |
NO
|
J. Education Information | Student records and directory information |
NO
|
K. Inferences drawn from other personal
information | Inferences drawn from any of the
collected personal information listed
above to create a profile or summary
about, for example, an individual’s
preferences and characteristics |
YES
|
| L. Sensitive Personal Information | |
NO
|
We will use and retain the collected personal
information as needed to provide the Services or for:
- Category A - As long as the user has an account with us
- Category B - As long as the user has an account with us
- Category G - As long as the user has an account with
us
- Category K - As long as the user has an account
with us
We may also collect other
personal information outside of
these categories through instances
where you interact with us in
person, online, or by phone or
mail in the context of:
- Receiving help through our
customer support channels;
- Participation in customer
surveys or contests; and
- Facilitation in the delivery of
our Services and to respond to
your inquiries.
How do we use and share your
personal information?
SwipeMagic
collects and shares your personal information
through:
- Targeting cookies/Marketing
cookies
More information
about our data
collection and sharing
practices can be found
in this privacy notice.
You may contact us by email at hi@swipemagic.xyz,
or by referring to the contact
details at the bottom of this
document.
If you are using an authorised
agent to exercise your right
to opt out we may deny a request
if the
authorised
agent does not submit proof that
they have been validly
authorised to act on your behalf.
Will your information be
shared with anyone else?
We may disclose your
personal information with
our service providers
pursuant to a written
contract between us and each
service provider. Each
service provider is a
for-profit entity that
processes the information on
our behalf, following the
same strict privacy
protection obligations
mandated by the CCPA.
We may use your personal
information for our own
business purposes, such as
for undertaking internal
research for technological
development and
demonstration. This is not
considered to be 'selling'
of your personal information.
SwipeMagic has not sold or shared any personal
information to third parties for
a business or commercial purpose
in the preceding twelve (12) months. SwipeMagic has disclosed the
following categories of
personal information to
third parties for a
business or commercial
purpose in the preceding
twelve (12) months:
Your
rights
with
respect to
your
personal
data
Right to
request
deletion
of the
data —
Request to
delete
You can ask
for the
deletion of
your
personal
information.
If you ask
us to delete
your
personal
information,
we will
respect your
request and
delete your
personal
information,
subject to
certain
exceptions
provided by
law, such as
(but not
limited to)
the exercise
by another
consumer of
his or her
right to
free speech,
our
compliance
requirements
resulting
from a legal
obligation,
or any
processing
that may be
required to
protect
against
illegal
activities.
Right to
be
informed —
Request to
know
Depending
on the
circumstances,
you have a
right to
know:
- whether
we collect
and use
your
personal
information;
- the
categories
of
personal
information
that we
collect;
- the
purposes
for which
the
collected
personal
information
is used;
- whether
we sell or
share
personal
information
to third
parties;
- the
categories
of
personal
information
that we
sold,
shared, or
disclosed
for a
business
purpose;
- the
categories
of third
parties to
whom the
personal
information
was sold,
shared, or
disclosed
for a
business
purpose;
- the
business
or
commercial
purpose
for
collecting,
selling,
or sharing
personal
information;
and
- the specific
pieces of
personal
information we
collected
about you.
In
accordance
with
applicable
law, we are
not
obligated to
provide or
delete
consumer
information
that is
de-identified
in response
to a
consumer
request or
to
re-identify
individual
data to
verify a
consumer
request.
Right to
Non-Discrimination
for the
Exercise
of a
Consumer’s
Privacy
Rights
We will not
discriminate
against you
if you
exercise
your privacy
rights.
Right to
Limit Use and
Disclosure of
Sensitive
Personal
Information
We do not
process
consumer's
sensitive
personal
information.
Verification
process
Upon
receiving
your
request, we
will need to
verify your
identity to
determine
you are the
same person
about whom
we have the
information
in our
system.
These
verification
efforts
require us
to ask you
to provide
information
so that we
can match it
with
information
you have
previously
provided us.
For
instance,
depending on
the type of
request you
submit, we
may ask you
to provide
certain
information
so that we
can match
the
information
you provide
with the
information
we already
have on
file, or we
may contact
you through
a
communication
method (e.g. phone or email)
that you have
previously provided
to us. We may
also use other
verification
methods as the
circumstances
dictate.
We will
only use
personal
information
provided in
your request
to verify
your
identity or
authority to
make the
request. To
the extent
possible, we
will avoid
requesting
additional
information
from you for
the purposes
of
verification.
However, if
we cannot
verify your
identity
from the
information
already
maintained
by us, we
may request
that you
provide
additional
information
for the
purposes of
verifying
your
identity and
for security
or
fraud-prevention
purposes. We
will delete
such
additionally
provided
information
as soon as
we finish
verifying
you.
Other
privacy
rights
- You may
object to
the
processing
of your
personal
information.
- You may
request
correction
of your
personal
data if it
is
incorrect
or no
longer
relevant,
or ask to
restrict
the
processing
of the
information.
- You can
designate
an authorised
agent to make
a request under
the CCPA on
your behalf.
We may deny
a request from
an
authorised
agent that
does not submit
proof that
they have been
validly
authorised
to act on your
behalf in accordance
with the CCPA.
- You may
request to
opt out
from
future
selling or
sharing of
your
personal
information
to third
parties.
Upon
receiving
an opt-out
request,
we will
act upon
the
request as
soon as
feasibly
possible,
but no
later than
fifteen
(15) days
from the
date of
the
request
submission.
To exercise
these
rights, you
can contact
us by
email
at
hi@swipemagic.xyz,
or by referring
to the contact
details at the
bottom of this
document. If you
have a complaint
about how we
handle your
data, we would
like to hear
from you.
13. DO
VIRGINIA
RESIDENTS
HAVE
SPECIFIC
PRIVACY
RIGHTS?
In Short: Yes,
if you are a
resident of
Virginia,
you may be
granted
specific
rights
regarding
access to
and use of
your
personal
information.
Virginia
CDPA Privacy
Notice
Under the
Virginia
Consumer Data
Protection Act
(CDPA):
'Consumer' means a natural
person who is a
resident of the
Commonwealth acting
only in an individual
or household context.
It does not include
a natural person
acting in a commercial
or employment context.
'Personal
data'
means any information
that is linked
or reasonably linkable
to an identified
or identifiable
natural person.
'Personal
data' does not include
de-identified data
or publicly available
information.
'Sale of
personal data' means the exchange
of personal data
for monetary consideration.
If this
definition 'consumer' applies to you,
we must adhere
to certain rights
and obligations
regarding your
personal data.
The
information we
collect, use,
and disclose
about you will
vary depending
on how you
interact with SwipeMagic and our Services.
To find out more,
please visit the
following links:
Your rights
with respect
to your
personal
data
- Right to be
informed
whether or
not we are
processing
your
personal
data
- Right to
access your
personal
data
- Right to
correct
inaccuracies
in your
personal
data
- Right to
request
deletion of
your
personal
data
- Right to
obtain a
copy of the
personal
data you
previously
shared with
us
- Right to
opt out of
the
processing
of your
personal
data if it
is used for
targeted
advertising,
the sale of
personal
data, or
profiling in
furtherance
of decisions
that produce
legal or
similarly
significant
effects ('profiling')
SwipeMagic
has not sold any
personal data to
third parties for
business or commercial
purposes.
SwipeMagic
will not sell personal
data in the future
belonging to website
visitors, users,
and other consumers.
Exercise your
rights
provided under
the Virginia
CDPA
More
information
about our data
collection and
sharing
practices can be
found in this
privacy notice.
You may
contact us by
email at hi@swipemagic.xyz,
by visiting
__________, or by
referring to
the contact
details at the
bottom of this
document.
If you are
using an authorised
agent to exercise
your rights, we
may deny a request
if the
authorised
agent does not
submit proof that
they have been
validly
authorised to act on your
behalf.
Verification
process
We may
request that
you provide
additional
information
reasonably
necessary to
verify you and
your
consumer's
request. If
you submit the
request
through an authorised agent, we may
need to collect
additional information
to verify your
identity before
processing your
request.
Upon
receiving your
request, we
will respond
without undue
delay, but in
all cases,
within
forty-five
(45) days of
receipt. The
response
period may be
extended once
by forty-five
(45)
additional
days when
reasonably
necessary. We
will inform
you of any
such extension
within the
initial 45-day
response
period,
together with
the reason for
the extension.
Right to
appeal
If we decline
to take action
regarding your
request, we
will inform
you of our
decision and
reasoning
behind
it. If you wish
to appeal our
decision,
please email
us at hi@swipemagic.xyz. Within
sixty (60)
days of
receipt of an
appeal, we
will inform
you in writing
of any action
taken or not
taken in
response to
the appeal,
including a
written
explanation of
the reasons
for the
decisions. If
your appeal if
denied, you
may contact
the Attorney
General to
submit a
complaint.
14.
DO
WE
MAKE
UPDATES
TO
THIS
NOTICE?
In
Short: Yes, we
will
update
this
notice as
necessary
to stay
compliant
with
relevant
laws.
We may
update this
privacy
notice from
time to
time. The
updated
version will
be indicated
by an
updated 'Revised' date and the
updated version
will be effective
as soon as it
is accessible.
If we make material
changes to this
privacy notice,
we may notify
you either by
prominently posting
a notice of such
changes or by
directly sending
you a notification.
We encourage
you to review
this privacy
notice frequently
to be informed
of how we are
protecting your
information.
15.
HOW
CAN
YOU
CONTACT
US
ABOUT
THIS
NOTICE?
If you have
questions or
comments
about this
notice, you
may contact our
Data
Protection
Officer
(DPO)
,
Will
Malcomson, by
email
at hi@swipemagic.xyz, or
by post
to:
SwipeMagic
Will
Malcomson
__________
__________
United
Kingdom
16.
HOW
CAN
YOU
REVIEW,
UPDATE,
OR
DELETE
THE
DATA
WE
COLLECT
FROM
YOU?
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.
To request
to review,
update, or
delete your
personal
information,
please
visit: __________.