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Privacy Policy

Privacy Policy

Last updated: 21 October 2021

 

This privacy policy explains in detail how we collect and use the personal data that individual users (“you” and “your”) submit to us through the website https://www.swellwake.com, the related domain names, and services (collectively, “SwellWake”). Please read this privacy policy carefully before submitting your personal data  to us.

 

  1. General information 1
  2. What personal data do we collect? 2
  3. How do we communicate with you? 4
  4. How do we protect your personal data? 4
  5. How long do we store your data? 5
  6. How do we disclose your data? 5
  7. What rights can you exercise? 7
  8. Cookies 7
  9. Contacting us 12

 

 

  1. General information

 

1.1 Data controller. SwellWake is owned and operated by SWELL Ventures LLC having a registered address at 2330 Leibel St, Suite 104, White Bear Lake, MN 55110, the United States of America, and the company number 651-400-2389 (“we,” “us,” and “our”).

1.2 Minors. SwellWake is not intended for use by persons under the age of 18. We do not knowingly collect personal data belonging to persons younger than 18. If you become aware that such a person has provided us with his or her personal data and you are a parent or a legal guardian of that person, please contact us immediately and we will remove the child’s personal data from our systems.

1.3 Third-party links. This privacy policy does not cover any third-party websites, applications or software that integrate with SwellWake or any other third-party products and services.

1.4 Term and termination. This privacy policy enters into force on the effective date indicated at the top of the privacy policy and remains valid until terminated or updated by us.

1.5 Amendments. This privacy policy can be changed from time to time to address the changes in our business practices, SwellWake, laws, regulations, and industry standards. The amended version of the privacy policy will be posted on this page and, if we have your email address, we will send you a notice about all the changes implemented by us. We encourage you to review our privacy policy to stay informed. For significant material changes in the privacy policy or, where required by the applicable law, we may seek your consent.

 

  1. What personal data do we collect?

 

2.1 Sources of personal data. We obtain your personal data from the following categories of sources:

  • Directly from you. For example, if you submit your personal data when you place an order or contact us;
  • Directly or indirectly through your activity on Swellwake. When you use SwellWake, we automatically collect technical information about your use of SwellWake; and
  • From third parties. We may receive information about you from third parties to whom you have previously provided your personal data, if those third parties have a legal basis for disclosing your personal data to us (for example, for payment processing purposes).

2.2 Collection of personal data. We comply with data minimisation principles. This means that we collect only a minimal amount of personal data that is necessary for your use of SwellWake. We use your personal data for limited, specified and legitimate purposes explicitly mentioned in this privacy policy. For example, we use it only for the purposes of providing you with access to SwellWake, delivering the products that you order, maintaining and improving SwellWake, replying to your enquiries, and pursuing our legitimate interests. We do not repurpose your personal data. This means that  we do not use it for any purposes that are different from the purposes for which your personal data was provided. Below, you can find an overview of the types of personal data that we collect, the purposes for which we use it, and the legal bases on which we rely when processing it.

  • Your account. When you sign up, we collect your first name, last name, email address, and password. When you update your account, we collect your first name, last name, company, address, and phone number. We use such information to register and maintain your user account, enable you to place your orders, provide you with the requested services, deliver your orders, contact you, if necessary, and maintain our business records. The legal bases on which we rely are ‘performing a contract with you’ and ’pursuing our legitimate interests’ (i.e., operate, analyse, grow, and administer the Website). We will store this data until you delete your user account.
  • When you place an order, we collect your shipping address, first name, last name, company, and phone number. We use the said information to deliver your orders, send you transactional receipts, contact you, if necessary, and maintain our business records. The legal bases on which we rely are ‘performing a contract with you’ and ’pursuing our legitimate interests’ (i.e., to administer our business). We will store this data for as long as required by the applicable law or you delete your user account, whichever later.
  • When you make a payment for your order, our third-party payment processors (as specified below) collect your personal data, such as your name and payment details (e.g., credit card or PayPal details). We do not have access to your full payment data; only a part of your personal data is made available to us by the payment processors. Your payment data is used to process payments and maintain our accounting records. The legal bases on which we rely are ‘performing our contractual obligations’ and ‘pursuing our legitimate interests’ (i.e., to administer our business). We store such data for the time period prescribed by law.
  • E When you contact us by email, we collect your first name, last name, email address, and any information that you decide to include in your message. When you contact us by using our contact form, we collect your name, email address, and any information that you decide to include in your message. We use such data to respond to your enquiries and provide you with the requested information. The legal bases on which we rely are ‘pursuing our legitimate interests’ (i.e., to grow and promote SwellWake) and ‘your consent’ (for optional personal data). We will store this data until you stop communicating with us.
  • Location and cookies. When you browse Swellwake, we or our third-party analytics service provider (as explained in below) collect your location and cookie-related data. We use such information to analyse the technical aspects of your use of Swellwake, prevent fraud and abuse, and ensure the security of SwellWake. For more information on our use of cookies, please refer to section 8 “Cookies”. The legal bases on which we rely are ‘pursuing our legitimate interests’ (i.e., to analyse our content and protect SwellWake) and ‘your consent’. We will store this data as long as analytics records are necessary for our activities or you withdraw your consent.
  • Reviews and comments. When you leave a review about the products purchased by you or comment under our blog posts, we collect your name, email address, and any information that you decide to provide in your message. We use the said data to feature your review or comment and enforce our legal terms. The legal bases on which we rely are ‘pursuing our legitimate interests’ (i.e., to protect SwellWake) and ‘your consent’. We will store this data until you ask us to delete your review or comment.

2.3 Sensitive data. We do not collect or use any special categories of personal data (“sensitive data”) from you, unless you decide, at your own discretion, to provide such data to us. Sensitive data refers to your health, religious and political beliefs, racial origins, membership of a professional or trade association, or sexual orientation.   

2.4 Refusal to provide personal data. If you refuse to provide us with your personal data when we ask for it, we may not be able to perform the requested operation and you may not be able to use the full functionality of SwellWake, receive the requested information, or get our response. Please contact us immediately if you think that any personal data that we collect is excessive or not necessary for the intended purpose. 

2.5 Collection of analytics data. When you browse SwellWake, we collect or have access to certain technical analytics data collected from you. Such data includes the following information:

  • Your activity on SwellWake (time of visit, pages visited, products viewed, time spent on each page, clicks, scroll depth, interaction with widgets);
  • URL addresses from which you access SwellWake;
  • Your browser type and version;
  • Your operating system;
  • Your device details;
  • Information about your orders;
  • IP address; and
  • Your other online behaviour.

2.6 Purposes of analytics data. We use your analytics data to analyse what kind of users access and use SwellWake, measure your engagement with SwellWake, see which products are interesting to you, improve our content, develop new products and services, and investigate and prevent security issues and abuse. In most cases, such analytics data is non-personal and it does not allow us to identify you as a natural person. However, some of such data (like your IP address) may be considered personal data and we will make sure that we have the necessary legal basis for processing such data. When we process your analytics data that is personal data, we rely on the ‘legitimate interest’ (i.e., to analyse and improve SwellWake) and ‘your consent’ bases.

2.7 Your feedback. If you contact us, we may keep records of any questions, complaints, recommendations, or compliments made by you and the response. Where possible, we will de-identify your personal data (i.e., we will remove all personal data that is not necessary for keeping such records).

2.8 Aggregated and de-identified data. In case your non-personal data is combined with certain elements of your personal data in a way that allows us to identify you, we will handle such aggregated data as personal data. If your personal data is aggregated or de-identified in a way that it can no longer be associated with an identified or identifiable natural person, it will not be considered personal data and we may use it for any legitimate purpose.

 

  1. How do we communicate with you?

 

3.1 Commercial communication. If we have your phone number, we may send you commercial communication by SMS or MMS. If you opt-in for our newsletter by ticking a box or subscribe for a newsletter by giving us your email address, we will inform you about our new products, features of SwellWake, and special offers. The legal bases on which we rely are ‘your consent’ and ‘pursuing our legitimate business interests.’ Please note that we send you our commercial communication (emails, SMS, or MMS) only if:

 

 

3.2 Refusing commercial communication. You can opt-out from receiving our commercial communication at any time free of charge by clicking on the “unsubscribe” link included in our newsletters, following the instructions in the SMS or MMS that you receive from us, or by contacting us directly.

3.3 Transactional notices. If we have your contact details and it is necessary to do so, we may send you important informational messages, such as order updates, payment receipts, invoices, shipping information, and other technical or administrative notices. Please note that such messages are sent on an “if-needed” basis and they do not fall within the scope of commercial communication that may require your prior consent. You cannot opt-out from service-related notices.

 

  1. How do we protect your personal data?

 

Security measures. We implement technical and organisational information security measures that protect your personal data from loss, misuse, unauthorised access and disclosure. Your personal data is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. In addition, all sensitive/credit information you supply is encrypted via Secure Socket Layer (SSL) technology. 

 

All transactions are processed through a gateway provider and are not stored or processed on our servers. We also carefully select our data processors who process your personal data.

Security breaches. Although we put our best efforts to protect your personal data, given the nature of communication and information processing technology and the Internet, we cannot be liable for any unlawful destruction, loss, use, copying, modification, leakage, and falsification of your personal data caused by circumstances that are beyond our reasonable control. In case a serious breach occurs, we will take reasonable measures to mitigate the breach, as required by the applicable law. Our liability for any security breach will be limited to the highest extent permitted by the applicable law.

 

  1. How long do we store your data?

 

5.1 Storage of personal data. We and our data processors store your personal data only for as long as such personal data is required for the purposes described in this privacy policy or until you request us to update or delete your personal data, whichever comes first. For more details about the period for which each type of personal data is stored, please refer to section 2.2. After your personal data is no longer necessary for its purposes and there is no other legal basis for storing it, we will immediately securely delete your personal data from our systems. We do not store any personal data longer than strictly necessary.

5.2 Storage of non-personal data. We retain non-personal data pertaining to you for as long as necessary for the purposes described in this privacy policy. This may include storing non-personal data for the period of time needed for us to examine our activities, fulfil our contractual obligations, pursue our legitimate interests, conduct audits, comply with (and demonstrate compliance with) legal obligations, resolve disputes and enforce our agreements.

5.3 Storage as required by law. When we are obliged by law to store your personal data for a certain period of time (e.g., for keeping accounting records), we will store your personal data for the time period stipulated by the applicable law and delete the personal data as soon as the required retention period expires.

 

  1. How do we disclose your data?

 

6.1 Disclosure to data processors. We keep your personal data in strict confidentiality. However, if necessary for the intended purpose of your personal data, we will disclose your personal data to entities that provide services on our behalf (our data processors). Your personal data may be shared with entities that provide technical support services to us, such as hosting, payment processing, and email distribution services. We do not sell your personal data to third parties and do not intend to do so in the future. The disclosure of your personal data is limited to the situations when it is required for the following purposes:

  • Ensuring the proper operation of SwellWake;
  • Delivering your products;
  • Processing your payments;
  • Responding to your enquiries;
  • Pursuing our legitimate interests;
  • Enforcing our rights, preventing fraud, and security purposes;
  • Carrying out our contractual obligations;
  • Law enforcement purposes; or
  • If you provide your prior consent to such a disclosure.

6.2 List of data processors. We choose our data processors carefully and make sure that they ensure an adequate level of protection of personal data that is consistent with this privacy policy and the applicable data protection laws. The data processors that will have access to your personal data are:

  • Our hosting service providers Godaddy located in the USA;
  • Our e-commerce software service provider Shopify located in Canada;
  • Our cloud storage service providers Dropbox and iCloud located in the USA;
  • Our analytics, marketing, and advertising service providers Facebook, Instagram, Google, and Klaviyo, all located in the USA;
  • Our e-commerce automation service providers Omnisend located in the UK, Freshdesk located in the USA, and Zapier located in the USA;
  • Our messaging service provider Freshdesk Messaging located in the USA;
  • Our payment service provider Sezzle located in the USA;
  • Our shipping service providers DHL located in Germany, UPS, Fedex, DHL, and USPS located in the USA;
  • Our marketing service providers Hotjar located in Malta and Influence Media located in Greece;
  • Our push notification service provider Pushowl located in India;
  • Our returns service provider Returnly located in the USA;
  • Our shipping software service provider ShippingEasy located in the USA;
  • Our review service provider Sio located in Singapore;
  • Our business software service provider Freshworks located in the USA; and
  • Our independent contractors and consultants.

6.3 International transfers. We and some of our data processors may be based outside the country where you reside. For example, if you reside in the EEA or the UK, we may need to transfer your personal data outside the EEA or the UK. In case it is necessary to make such a transfer, we will make sure that the country in which our data processor is located guarantees an adequate level of protection for your personal data or we conclude an agreement with it that ensures such protection (e.g., a data processing agreement based pre-approved standard contractual clauses).

6.4 Disclosure of non-personal data. Your non-personal data may be disclosed to third parties for any purpose as it does not identify you as a natural person. For example, we may share it with prospects or partners for business or research purposes, for improving SwellWake, responding to lawful requests from public authorities or developing new products and services.

6.5 Legal requests. If requested by a public authority, we will disclose information about the users of SwellWake to the extent necessary for pursuing a public interest objective, such as national security or law enforcement.

 

  1. What rights can you exercise?

 

7.1 The list of your rights. You have the right to control how we process your personal data. Subject to any exemptions provided by law, you have the following rights:

  • Right of access: you can get a copy of your personal data that we store in our systems and a list of purposes for which your personal data is processed;
  • Right to rectification: you can rectify inaccurate personal data that we hold about you;
  • Right to erasure (‘right to be forgotten’): you can ask us to erase your personal data from our systems;
  • Right to restriction: you can ask us to restrict the processing of your personal data;
  • Right to data portability: you can ask us to provide you with a copy of your personal data in a structured, commonly used and machine-readable format and move that personal data to another processor;
  • Right to object: you can ask us to stop processing your personal data;
  • Right to withdraw consent: you have the right to withdraw your consent, if you have provided one; or
  • Right to complaint: you can submit your complaint regarding our processing of your personal data.

7.2 How to exercise your rights? If you would like to exercise any of your legitimate rights, please contact us by email or post (our contact details available at the end of the privacy policy) and explain in detail your request. In order to verify the legitimacy of your request, we may ask you to provide us with an identifying piece of information, so that we can identify you in our system. We will answer your request within a reasonable time frame but no later than 30 days.

7.3 Complaints. If you would like to launch a complaint about the way in which we handle your personal data, we kindly ask you to contact us first and express your concerns. After you contact us, we will investigate your complaint and provide you with our response as soon as possible (no later than 30 days). If you are not satisfied with the outcome of your complaint, you have the right to lodge a complaint with your local data protection authority.

 

 

  1. Cookies

 

8.1 Do we use cookies'? Yes. Cookies are small files that a site or its service provider transfers to your computer's hard drive through your Web browser (if you allow) that enables the site's or service provider's systems to recognize your browser and capture and remember certain information. For instance, we use cookies to help us remember and process the items in your shopping cart. They are also used to help us understand your preferences based on previous or current site activity, which enables us to provide you with improved services. We also use cookies to help us compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future.We use cookies to:

  • Help remember and process the items in the shopping cart.
  • Understand and save user's preferences for future visits.
  • Keep track of advertisements.

8.2 Cookie consent.  When you visit SwellWake, we may ask you to provide us with your consent to our use of all cookies via a cookie consent banner (for example, if we see that you are based in the EU). If you do not provide your opt-in consent, we will not serve you our non-essential cookies. Please note that we may not be able to provide you with the best possible user experience on the Website if not all cookies are enabled.

8.3 How to manage cookies? If we ask you to provide your consent to our use of non-essential cookies, you have the freedom not to provide such consent. If you would like to refuse our use of non-essential cookies later, you can do it at any time by declining cookies in your browser or device. You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser settings. Since browsers are a little different, look at your browser's Help Menu to learn the correct way to modify your cookies. For more information, you can consult the cookie management instructions of your browser:

8.4 What happens if you disable cookies? If you turn cookies off, some features will be disabled. Some of the features that make your user experience more efficient and may not function properly. However, you will still be able to place orders over the telephone by contacting customer service.

8.5 Google. Google's advertising requirements can be summed up by Google's Advertising Principles. They are put in place to provide a positive experience for users. We use Google AdSense Advertising on SwellWake. Google, as a third-party vendor, uses cookies to serve ads on SwellWake. Google's use of the DART cookie enables it to serve ads based on your previous visits to SwellWake and other sites on the Internet. You may opt-out of the use of the DART cookie by visiting the Google Ad and Content Network privacy policy.We have implemented the following:

  • Remarketing with Google AdSense
  • Google Display Network Impression Reporting
  • Demographics and Interests Reporting

We, along with third-party vendors such as Google use first-party cookies (such as the Google Analytics cookies) and third-party cookies (such as the DoubleClick cookie) or other third-party identifiers together to compile data regarding user interactions with ad impressions and other ad service functions as they relate to SwellWakeYou can set preferences for how Google advertises to you using the Google Ad Settings page. Alternatively, you can opt out by visiting the Network Advertising Initiative Opt Out page or by using the Google Analytics Opt Out Browser add on.

8.6 What cookies do we use? We may use different types of cookies on SwellWake, including:

  • Essential technical cookies that are strictly necessary to ensure the correct functioning of our website and provide the services requested by you;
  • Marketing and advertising cookies that allow us to create, implement, and examine our marketing campaigns. Such cookies allow us to reach the right customers, analyse the productivity of our marketing campaigns, and offer you personalised advertisement; and
  • Statistics cookies that allow us to generate statistical reports about how you use SwellWake.

 

Essential technical cookies

Name

Provider

Expiration

Purpose

secure_customer_sig

www.swellwake.com

1 year

Shopify sets this cookie to be used in connection with customer login.

cart_currency

www.swellwake.com

14 days

Shopify sets this cookie to remember the users country of origin and populate the correct transaction currency.

_orig_referrer

.swellwake.com

14 days

Shopify sets this cookie to be used in connection with shopping cart.

shopify_pay_redirect

www.swellwake.com

1 hour

Shopify sets this cookie to enable secure online payment and checkout.

cart_sig

www.swellwake.com

14 days

Shopify sets this cookie to be used in connection with store checkout.

ARRAffinity

.preorderly.azurewebsites.net

Session

ARRAffinity cookie is set by Azure app service, and allows the service to choose the right instance established by a user to deliver subsequent requests made by that user.

_pay_session

shop.app

Session

Shopify sets this cookie to enable secure checkout and payment function on the website.

csrftoken

.pinterest.com

1 year

This cookie is associated with Django web development platform for python. Used to help protect the website against Cross-Site Request Forgery attacks

omnisendAnonymousID

.swellwake.com

1 year

This cookie is set by the provider Omnisend. This cookie is used for storing the user action on the website with a unique ID. The cookie encrypts the visitor data for the security of user data.

Cart

www.swellwake.com

14 days

This cookie is used in connection with the shopping cart.

Statistics cookies

Name

Provider

Expiration

Purpose

_landing_page

.swellwake.com

14 days

Shopify installs this cookie to track landing pages.

_y

_shopify_y

.swellwake.com

1 year

This cookie is associated with Shopify's analytics suite.

_s

_shopify_s

.swellwake.com

30 minutes

This cookie is associated with Shopify's analytics suite.

_gcl_au

.swellwake.com

3 months

Provided by Google Tag Manager to experiment advertisement efficiency of websites using their services.

_hjid

.swellwake.com

1 year

This is a Hotjar cookie that is set when the customer first lands on a page using the Hotjar script.

_hjFirstSeen

.swellwake.com

30 minutes

Hotjar sets this cookie to identify a new users first session. It stores a true/false value, indicating whether it was the first time Hotjar saw this user.

_shopify_sa_t

_shopify_sa_p

.swellwake.com

30 minutes

This is a Shopify analytics cookie relating to marketing and referrals.

_ga

.swellwake.com

2 years

The _ga cookie, installed by Google Analytics, calculates visitor, session and campaign data and also keeps track of site usage for the site's analytics report. The cookie stores information anonymously and assigns a randomly generated number to recognize unique visitors.

_gid

.swellwake.com

1 day

Installed by Google Analytics, _gid cookie stores information on how visitors use a website, while also creating an analytics report of the website's performance. Some of the data that are collected include the number of visitors, their source, and the pages they visit anonymously.

_hjIncludedInPageviewSample

.swellwake.com

2 minutes

Hotjar sets this cookie to know whether a user is included in the data sampling defined by the site's pageview limit.

_hjAbsoluteSessionInProgress

.swellwake.com

30 minutes

Hotjar sets this cookie to detect the first pageview session of a user. This is a True/False flag set by the cookie.

_hjIncludedInSessionSample

.swellwake.com

2 minutes

Hotjar sets this cookie to know whether a user is included in the data sampling defined by the site's daily session limit.

soundestID

.swellwake.com

Session

This cookie is set by the provider Omnisend. This cookie is used for determining if a visitor is new to the website or the visitor had visited before.

omnisendSessionID

.swellwake.com

30 minutes

This cookie is set by the provider Omnisend. This cookie is used for setting a unique ID for the session. The cookie collects information on visitor behaviour on the website for statistical purposes.

cart_ts

.swellwake.com

14 days

Shopify sets this cookie which is used in connection with checkout.

CONSENT

.youtube.com

2 years

YouTube sets this cookie via embedded youtube-videos and registers anonymous statistical data.

localization

.swellwake.com

14 days

Flickr sets this cookie to to track usage of photo galleries embedded from Flickr.

_pinterest_sess

.pinterest.com

1 year

This cookie is set by Pinterest that collects statistical details to track the use of its services.

_auth

.pinterest.com

1 year

This cookie is set by Pinterest that collects statistical details to track the use of its services.

_pinterest_referrer

.pinterest.com

Past

This cookie is set by Pinterest to track the use of its services.

_routing_id

.pinterest.com

Session

This cookie is set by Pinterest that collects statistical details to track the use of its services.

_gat

.swellwake.com

1 minute

This cookie is installed by Google Universal Analytics to restrain request rate and thus limit the collection of data on high traffic sites.

__kla_id

www.swellwake.com

2 years

This cookie is set by the provider Klsviyo. This cookie is used to collect information on the visitor's behaviour. This information is used for internal analytics and is used to optimize the website. It also register if the visitor has subscribed to news letter.

Marketing and advertising cookies

Name

Provider

(Data sent to)

Expiration

Purpose

YSC

.youtube.com

Session

YSC cookie is set by Youtube and is used to track the views of embedded videos on Youtube pages.

VISITOR_INFO1_LIVE

.youtube.com

5 months 27 days

A cookie set by YouTube to measure bandwidth that determines whether the user gets the new or old player interface.

test_cookie

.doubleclick.net

15 minutes

The test_cookie is set by doubleclick.net and is used to determine if the user's browser supports cookies.

IDE

.doubleclick.net

1 year 24 days

Google DoubleClick IDE cookies are used to store information about how the user uses the website to present them with relevant ads and according to the user profile.

_fbp

.swellwake.com

3 months

This cookie is set by Facebook to display advertisements when either on Facebook or on a digital platform powered by Facebook advertising, after visiting the website.

fr

.facebook.com

3 months

Facebook sets this cookie to show relevant advertisements to users by tracking user behaviour across the web, on sites that have Facebook pixel or Facebook social plugin.

 

 

 

 

  1. Contacting us

If there are any questions regarding this privacy policy, you may contact us using the information below.

SWELL Ventures LLC

2330 Leibel Street

Suite 104

White Bear Lake, MN 55110

(651) 300-16

hangten@swellwake.com

 

 https://www.swellwake.com/pages/ccpa-opt-ou

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