Swell Privacy Policy

SocialSwell, Inc. (“Swell,” “we,” or “us”) respects your privacy. This Privacy Policy describes the  types of information we may collect from you when you visit our website at www.swellcx.com, platform.swellcx.com, or any subdomain of any of the foregoing, or any related desktop or mobile applications, including any content or functionality offered on or through any of the foregoing (the  “Site”), or when you access or use the services we make available on the Site (collectively, the  “Service”), whether as a guest, a registered user, or a client of a registered user. This Privacy  Policy also describes our practices for collecting, using, maintaining, protecting, and disclosing  such information.

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This Privacy Policy applies to information we collect on the Site, in email, text, or other electronic  messages between you and the Site, and through your access to or use of the Service through  the Site. It does not apply to information collected by us offline or through any other means,  including on any other website operated by us or any third party, nor to information collected by  any other third party, including through any application or content (including advertising) that may  link to or be accessible from or on the Site or Service.

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Please read this Privacy Policy carefully before you start to use the Site or Service to understand  our policies and practices regarding how we treat your information. By accessing or using the Site  or Service or by accepting (including by clicking to accept or agree when the option is made  available to you) any Swell terms and conditions that incorporate this Privacy Policy, you accept and agree to be bound and abide by this Privacy Policy. If you do not agree with any terms of  this Privacy Policy, you may not access or use the Site or Service for any purpose.

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This Privacy Policy may change from time to time (see Updates to Our Privacy Policy, below).  Your continued use of the Site or Service after we make changes is deemed to be acceptance of  those changes, so please check the policy periodically for updates.

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Information We Collect

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Types of Information

When you access the Site or use the Service, we collect certain information about you including:

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• information that personally identifies you including your name, address, personal  identifiers, email address, phone number, address, and payment information and  information that is about you but individually may not directly identify you, such as your  gender, age, purchased products or services, scheduled products or services, reviews  about products, services or Swell customers, electronic messages (e.g., emails, texts, webchat messages, instant messages, etc.) (“Electronic Messages”) exchanged via the  Site or Service, and your employment information (collectively “Personal Information”); and/or
• information about your internet connection, the equipment you use to access the Site or Service, Site or Service interactions, and Site or Service usage details (“Communications  Data”).

Information Sources

We may collect this information from various sources including:

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• directly from you when you access or use the Site or Service (e.g., through forms on the  Site, Electronic Messages, surveys, etc.);
• from third parties such as Swell customers of which you are a customer or prospective  customer; and/or
• social media and other sites (e.g., Facebook®, Google®, etc.)

User Contributions

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You may provide information to be published or displayed on the Site or transmitted to other users  of the Site or third parties (collectively, "User Contributions"). Your User Contributions are  transmitted to others at your own risk. We cannot control the actions of other users of the Site  with whom you may choose to share your User Contributions. Therefore, we cannot and do not  guarantee that your User Contributions will not be viewed by unauthorized persons.

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Automated Collection

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When you navigate through and interact with the Site, we may use automatic data collection  technologies to collect Personal Information and/or Communications Data.

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In addition, we use third-party web analytics services to help us understand your use of the Site  and the popularity of certain content so we can improve your experience. For more information  on our use of third-party analytics services, see Third Party Providers below.

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In some cases, information we collect automatically is statistical data that does not include  personal information, but we may maintain it or associate it with Personal Information we collect  in other ways or receive from third parties. To the extent that we associate any of this non-personal  information with your Personal Information, we will treat it as Personal Information under the terms  of this Privacy Policy.

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Cookies and Other Tracking Technologies

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Technologies we use for automatic data collection may include cookies. A cookie is a small file  placed on the hard drive of your computer. Pages of our Site and our emails may also contain  small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single pixel gifs) that permit us, for example, to count users who have visited those pages or opened an  email and for other related website statistics (for example, recording the popularity of certain  website content and verifying system and server integrity).

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Some content or applications on the Site are served by third parties, including content and  application providers. These third parties may use cookies alone or in conjunction with web  beacons or other tracking technologies to collect information about you when you use our Site.  The information they collect may be associated with your Personal Information or they may collect  information, including Personal Information, about your online activities over time and across  different websites and other online services. They may use this information to provide you with  interest-based (behavioral) advertising or other targeted content.  

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We do not control these third parties' tracking technologies or how they may be used. If you have  any questions about any targeted content, you should contact the responsible provider directly.

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How We Use the Information We Collect

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We may use information we obtain about you, or that you provide to us:

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• to send and receive Electronic Messages;
• for user support;
• to send you the information or materials you requested;
• to maintain records;
• to communicate with you about our products, services, offers, and promotions;
• to operate, evaluate, and improve our business and the products and services we offer;
• to analyze trends and statistics regarding use of the Service and transactions conducted  using the Service;
• to protect against and prevent fraud, unauthorized transactions, claims, and other liabilities, and manage risk exposure, including by identifying potential hackers and other unauthorized users;
• to adhere to our terms of service, service agreements, and other agreements;
• to comply with applicable legal requirements and industry standards;
• to process and fulfill orders;
• for any other purpose for which you provide your consent.

We may also use your information to contact you about our goods and services or third-party goods and services that may be of interest to you. If you do not want us to use your information in this way, please email support@swellcx.com . For more information, see Your Choices.

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How We Share Your Personal Information

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We may disclose aggregated information about our users, and information that does not identify  any individual user, without restriction.

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We may disclose Personal Information that we collect or you provide (as described in this Privacy Policy):

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• to our subsidiaries and affiliates;
• to contractors, service providers, and other third parties we use to support our business;
• to comply with any court order, law, or legal process, including to respond to any  government or regulatory request;
• to enforce or apply our Terms of Service and other agreements;
• if we believe disclosure is necessary or appropriate to protect the rights, property, or safety  of Swell, users of the Site or Service, and/or others;
• for any other purpose which is incidental to the normal use of the Service; and
• for any other purpose for which you provide your consent.

Third Party Providers

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Without limiting the foregoing, we may also employ third party companies and individuals to  facilitate our Site and to process data, perform Site-related services, or to assist us in analyzing  how the Service is used (collectively, “Third Party Providers”). These Third-Party Providers may  have access to your Personal Information for purposes of performing these tasks on our behalf  and may have the right to retain and use Personal Information or other information through  performance of these tasks on an aggregated and de-identified basis in accordance with the terms  of the applicable Third-Party Provider’s privacy policy. We advise you to review the privacy  policies of the Third Party Providers, but note that we have no control over and assume no  responsibility for the content, privacy policies or practices of any Third Party Providers, their sites  or services.

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Third Party Providers may include, but are not limited to, the following:

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Payment Processors. We use Third Party Providers to process payment transactions  initiated via the Service. Your payment card details are not stored by the Site or the  Service. If you purchase a subscription to the Service, your payment card details are  encrypted and securely stored by our third-party payment processors to enable Swell to  automatically bill your payment card on a recurring basis. We currently use the following  third party payment processing services:

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• Stripe. You can learn about Stripe’s privacy practices at https://stripe.com/privacy
• Quickbooks. You can learn about Quickbooks’ privacy practices at  https://www.intuit.com/privacy/
• Maxio Payments. You can learn about Maxio Payments’ privacy practices at https://payments-service.maxio.com/privacy

Analytics. We may use Third Party Providers to monitor and analyze the use of our Site.

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• Google Analytics. Google Analytics is an independent web analytics service  offered by Google that tracks and reports website traffic. Google uses the data  collected to track and monitor the use of our Site. This data is shared with other  Google services. Google may use the collected data to contextualize and  personalize the ads of its own advertising network. You can learn about Google’s  privacy practices at https://www.google.com/intl/en/policies/privacy. You may opt out of the aggregation and analysis of data collected about you on  our Site by Google Analytics by downloading the Google Analytics opt-out browser  add-on, available at https://tools.google.com/dlpage/. Please note that if you opt  out, analytics companies other than Google Analytics may continue to aggregate  and analyze data collected about you on the Site.

• Pendo. Pendo may be used to track how users interact with our Site. You can learn about Pendo’s privacy practices at https://www.pendo.io/data-privacy-security/.
• Hubspot. Hubspot may be used to track and analyze traffic to and from the Site.  You can learn about Hubspot’s privacy practices at  https://legal.hubspot.com/privacy-policy. For information on how you may opt out  of tracking by Hubspot, please visit  https://knowledge.hubspot.com/reports/customize-your-cookie-tracking-settings and-privacy-policy-alert.
• Datadog. Datadog is used for application logging and application monitoring. For more information on Datadog’s privacy practices please visit https://www.datadoghq.com/legal/privacy/.

Other Service Providers. We also use Third Party Providers for marketing, technical,  operational, and other services, including as follows:

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• Amazon Web Services. Amazon Web Services may be used to store data in an  encrypted environment. You can learn more about AWS’s privacy practices at  https://aws.amazon.com/privacy/
• MailGun. MailGun may be used to send automated emails. You may learn more  about MailGun’s privacy practices by visiting https://www.mailgun.com/privacy policy/
• Twilio. Twilio may be used to send SMS and MMS messages. To learn more about Twilio’s privacy policy, please visit https://www.twilio.com/legal/privacy
• Snowflake. Snowflake is used for large scale data analytics for large customers and for internal use. To find out more about Snowflake’s privacy practices please visit https://www.snowflake.com/privacy-policy/.
• MongoDB. Mongo may be used as the primary ingestion point of integration data. You can read more about their privacy practices by visiting https://www.mongodb.com/legal/privacy/privacy-policy.

Security

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Swell takes protecting your information seriously and implements reasonable measures to secure  your Personal Information from accidental loss and from unauthorized access, use, alteration,  and disclosure. However, the safety and security of your information also depends on you. Where  we have given you (or where you have chosen) a password for access to the Service or certain  parts of the Site, you are responsible for keeping this password confidential. We ask you not to  share your password with anyone. We urge you to be careful about giving out information in public  areas of the Site like message or comment boards. The information you share in public areas  may be viewed by any user of the Site.

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Please note that the electronic transmission of information is not completely secure. We cannot  guarantee that the security measures we have in place to safeguard Data and/or other information  will never be defeated or fail, or that such measures will always be sufficient or effective. Any  transmission of Data and/or other information is at your own risk.

Information and Data Transfers

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The Service is administered by Swell in the United States. When we obtain information about you  through your access to or use of the Site or Service or when you input or import Data to the Service from somewhere other than the United States, we may transfer, process, and store such  information and Data in the United States. If you access the Site and/or Service from outside the  United States, you do so on your own initiative, at your sole risk, and you are responsible for  compliance with all applicable laws. If you are a non-United States resident and provide us with  your Personal Information, or if you use the Service, you consent to the transfer to and processing  of such information and any Data in the United States, which may have data protection laws less  stringent than those in the country in which you reside. Additionally, if any Data or other  information you provide to us includes the Personal Information of your clients, you confirm that  you have all necessary authority and consents to transfer such Data to us.

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Your Choices

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We strive to provide you with choices regarding the Personal Information you provide to us. We  have created mechanisms to provide you with the following control over your information:

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Cookies. You can set your browser to refuse all or some browser cookies, or to alert you when  cookies are being sent. If you disable or refuse cookies, please note that some parts of the Site  and the Service may then be inaccessible or not function properly.

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Electronic Messages from Swell. Swell sends billing information, information about products or services, support information, Service updates, Service notifications, and other items to you via Electronic Messages. Promotional Electronic Messages will contain instructions describing how you can opt out of receiving future promotional communications from us. If you opt out of promotional Electronic Messages, you may continue to receive non-promotional, transactional emails from us.

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Electronic Messages from Swell Customers. Swell customers (third parties) can use Swell’s  platform to send Electronic Messages to you about payment reminders, scheduling and  appointment information, information about their products or services, support information, and  other items. Swell Customers are solely responsible for the consent, content, legal compliance,  appropriateness, timing, or frequency for/of any such Electronic Messages. Please directly contact the Swell customer responsible for sending the Electronic Messages with any questions,  comments, or complaints about any such Electronic Messages.

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How We Respond to Do Not Track Signals

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Your web browser may let you choose your preference as to whether you want to allow the  collection of information about your online activities over time and across different websites or  online services. At this time, the Service does not respond to the preferences you may have set  in your web browser regarding such collection of your information, and we may continue to collect  information in the manner described in this Privacy Policy.

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Third Party Applications and Websites

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The Site and/or Service may contain links enabling the electronic transfer of data from third-party  applications to the Site or Service, as well as links to third-party websites. Swell is not responsible  for the privacy practices or content of these applications or websites and linking to an application  or website does not constitute endorsement by us of that application or website. You should  review the privacy policy and terms and conditions of any such third-party application or website  prior to using or providing information to the same.

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Accessing and Correcting Your Information

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Your Personal Information is accessible through and may be reviewed and changed by logging  in to your user account. You may also send us an email at compliance@swellcx.com to request  access to, correct, or delete any Personal Information that you have provided to us. We may not  accommodate a request to change information if we believe the change would violate any law or  legal requirement or cause the information to be incorrect. If you are a registered user of the  Service, you can also review and change your Personal Information by logging into the Service  and visiting your user account profile page.

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If you delete your User Contributions from the Site, copies of your User Contributions may remain viewable in cached and archived pages, or might have been copied or stored by other Site users. Proper access and use of information provided on the Site and Service, including User Contributions, is governed by our terms of service.

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Privacy of Children

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The Site and Service are not intended for or directed to children. No one under age 13 (or, with  respect to residents of Europe or where so required by applicable law, under age 16) (the  “Consent Age”) may provide any information to or on the Site or Service. Swell does not  knowingly collect or solicit Personal Information from children under the Consent Age. If you are  under the Consent Age, do not use or provide any information on the Site or through the Service  or any of its features, register on, make any purchases through, or use any of the interactive or  public comment features of the Site or Service, or provide any information about yourself to us,  including your name, address, telephone number, email address, or any screen name or user  name you may use. If we learn we have collected or received Personal Information from a child  under the Consent Age, we will delete that information. If you believe we might have any  information from a child under the Consent Age, please contact us at compliance@swellcx.com .  Notwithstanding the foregoing, Swell may store information about children under the Consent Age  in connection with the Service where consented to by the appropriate parent or guardian.

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Your California Privacy Rights

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California law grants additional privacy rights to California residents. In particular, the California  Consumer Privacy Act (CCPA) requires businesses to disclose, for the past 12 months, (i) the categories of Personal Information collected, (ii) the sources of the collected Personal Information,  (iii) the purposes for which the collected Personal Information is used, (iv) the categories of  Personal Information disclosed for a business purpose, and (v) the categories of any Personal  Information sold. Swell provides these disclosures in the following table. (Note that Swell does  not sell any Personal Information, even under the broad CCPA definition of a “sale.”)

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California residents also have the rights described below. We will not discriminate against any  California resident who exercises these rights.

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Right to access/know your information. You may request from us a list of (i) the Personal  Information that we have collected about you, and (ii) the categories of third parties to whom we  have disclosed your Personal Information. You have the right to up to two (2) access requests  each twelve (12) months.

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Right to delete your information. You may request, at any time, that we delete your information  and direct our service providers to delete your information from their records.

You may contact us to exercise these rights at compliance@swellcx.com. To ensure the privacy and protection of individuals, we are required to verify your identity (or that of your authorized agent) or otherwise authenticate your request(s), which we will do in accordance with the CCPA regulations. Please note that, under the CCPA, we are not required to grant a request to access/know or a request to delete with respect to Personal Information obtained from you in your role as an employee, owner, director, officer or contractor of a company and within the context of Swell providing its services to such company.

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Your European Privacy Rights

If you are a resident of the European Union, you are entitled to certain information and have  certain rights under the General Data Protection Regulation (Regulation (EU) 2016/679) (the  “GDPR”). Those rights include:

• the right of access to your information.
• the right to rectify your information if it is incorrect or incomplete.
• the right to have your information erased (“right to be forgotten”) if certain grounds are  met.
• the right to withdraw your consent to our processing of your information at any time (if our  processing is based on consent).
• the right to object to our processing of your information (if processing is based on  legitimate interests).
• the right to object to our processing of your information for direct marketing purposes.
• the right to receive your information from us in a structured, commonly used and machine readable format, and the right to transmit your information to another controller without hindrance from us (data portability).

If you are located in the European Union and you are or have been a user of our services  (including the Service), we may send you marketing communications based on our legitimate  interests, subject always to your right to opt out of such communications. Further, if you are  located in the European Union, we will never share your information with a third party for such  third party’s marketing purposes, unless you have specifically consented to us doing so.

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You may contact us at compliance@swellcx.com to exercise any of the above rights. We may  request specific information from you to confirm your identity, and in some circumstances, we  may charge a reasonable fee for access to your information.

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Furthermore, if you believe that our processing of your information is inconsistent with your data  protection rights under the GDPR and we have not adequately addressed your concerns, you  have the right to lodge a complaint with the data protection supervisory authority of your country.

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For purposes of the GDPR, we are a “controller” and you are a “data subject.”

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Updates to Our Privacy Policy

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Swell reserves the right to change this Privacy Policy at any time. If we make a material change  to this Privacy Policy, we will make an effort to communicate these changes to you via email or  by posting a notification on the Site. The date this Privacy Policy was last revised is at the top of  this page. We encourage you to review this Privacy Policy periodically to check for any updates  or changes.

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Treatment of Google User Data

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Notwithstanding anything to the contrary herein, if you provide the Service access to certain types  of your Google data, the Service’s use of that data will be subject to these additional restrictions:

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The Service will only use access to read, write, modify or control Gmail message bodies (including  attachments), metadata, headers, and settings to provide a web email client that allows users to  compose, send, read, and process emails and will not transfer this Gmail data to others unless  doing so is necessary to provide and improve these features, comply with applicable law, or as  part of a merger, acquisition, or sale of assets.

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The Service will not use this Gmail data for serving advertisements.

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The Service will not allow humans to read this data unless we have your affirmative agreement for specific messages, doing so is necessary for security purposes such as investigating abuse, to comply with applicable law, or for the Service’s internal operations and even then only when the data have been aggregated and anonymized.

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Contact Us

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If you have any questions about this Privacy Policy or our information practices, please email us  at compliance@swellcx.com or write to us at:

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SocialSwell, Inc (DBA Swell)  

6510 S Millrock Suite 300

Holladay, UT 84121

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