Background

Privacy Policy

This privacy policy ("Policy") describes how the personally identifiable information ("Personal Information") you may provide in the "SWISH - find your way" mobile application ("Mobile Application" or "Service") and any of its related products and services (collectively, "Services") is collected, protected and used. It also describes your choices regarding our use of your Personal Information and how you can access and update this information. By accessing and using the Mobile Application and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. This Policy does not apply to the practices of companies we do not own or control or individuals we do not employ or manage.

Automatic collection of information

When you use the Mobile Application, our servers automatically record the information that your device sends. This data may include your device's IP address and location, device name and version, operating system type and version, language preferences, the information you search for in the Mobile Application, access times and dates, and other statistics. Information collected automatically is used only to identify potential cases of abuse and establish statistical information regarding the usage of mobile applications and services. This statistical information is not otherwise aggregated in such a way that would identify any system user.

Collection of personal information

You can access and use the Mobile Application and Services without telling us who you are or revealing any information by which someone could identify you as a specific, identifiable individual. If, however, you wish to use some of the features in the Mobile Application, you may be asked to provide certain Personal Information (for example, your name and e-mail address). We receive and store any information you knowingly provide to us when you create an account, publish content, make a purchase, or fill out any online forms in the Mobile Application. When required, this information may include the following:

Some of the information we collect is from you via the Mobile Application and Services. However, we may also collect Personal Information about you from other sources, such as public databases, social media platforms, third-party data providers, and our joint marketing partners. Personal Information we collect from other sources may include demographic information, such as age and gender; device information, such as IP addresses; location, such as city and state; and online behavioral data, such as information about your use of social media websites, page view information and search results and links. You can choose not to provide us with your personal information, but then you may not be able to take advantage of some of the features of the mobile application. Users who need clarification about what information is mandatory are welcome to contact us.

 Use and processing of collected information

To make the Mobile Application and Services available to you or meet a legal obligation, we must collect and use certain Personal Information. If you do not provide the information we request, we may be unable to provide you with the requested products or services. Any of the information we collect from you may be used for the following purposes:

Processing your Personal Information depends on how you interact with the Mobile Application and Services, where you are located in the world, and if one of the following applies: (i) you have given your consent for one or more specific purposes; this, however, does not apply, whenever the processing of Personal Information is subject to California Consumer Privacy Act or European data protection law; (ii) provision of information is necessary for the performance of an agreement with you and/or for any pre-contractual obligations thereof; (iii) processing is necessary for compliance with a legal obligation to which you are subject; (iv) processing is related to a task that is carried out in the public interest or in the exercise of official authority vested in us; (v) processing is necessary for the purposes of the legitimate interests pursued by us or by a third party.

Note that under some legislations, we may be allowed to process information until you object to such processing (by opting out) without relying on consent or any other legal bases below. In any case, we will be happy to clarify the specific legal basis that applies to the processing, particularly whether the provision of Personal Information is a statutory or contractual requirement or a requirement necessary to enter into a contract.

Billing and payments

We use third-party payment processors to assist us in securely processing your payment information. Such third-party processors' use of your Personal Information is governed by their respective privacy policies, which may or may not contain privacy protections as protective as this Policy. We suggest that you review their respective privacy policies.

Managing information

You can delete certain Personal Information we have about you. The Personal Information you can delete may change as the Mobile Application and Services change. When you delete Personal Information, however, we may maintain a copy of the unrevised Personal Information in our records for the duration necessary to comply with our obligations to our affiliates and partners and for the purposes described below. If you would like to delete your Personal Information or permanently delete your account, you can do so by contacting us.

Disclosure of information

Depending on the requested Services or as necessary to complete any transaction or provide any service you have requested, we may share your information with your consent with our trusted third parties that work with us, any other affiliates and subsidiaries we rely upon to assist in the operation of the Mobile Application and Services available to you. We do not share Personal Information with unaffiliated third parties. These service providers are not authorized to use or disclose your information except as necessary to perform services on our behalf or comply with legal requirements. We may share your Personal Information for these purposes only with third parties whose privacy policies are consistent with ours or who agree to abide by our policies concerning Personal Information. These third parties are given Personal Information they need only to perform their designated functions, and we do not authorize them to use or disclose Personal Information for their marketing or other purposes.

We will disclose any Personal Information we collect, use, or receive if required or permitted by law, such as to comply with a subpoena or similar legal process, and when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request.

If we undergo a business transition, such as a merger or acquisition by another company or the sale of all or a portion of its assets, your user account and Personal Information will likely be among the assets transferred.

Retention of information

We will retain and use your Personal Information for the period necessary to comply with our legal obligations, resolve disputes, and enforce our agreements unless a longer retention period is required or permitted by law. We may use any aggregated data derived from or incorporating your Personal Information after you update or delete it, but not in a manner that would identify you personally. Once the retention period expires, Personal Information shall be deleted. Therefore, the right to access, the right to erasure, the right to rectification, and the right to data portability cannot be enforced after the expiration of the retention period.

Transfer of information

Depending on your location, data transfers may involve transferring and storing your information in a country other than your own. You are entitled to learn about the legal basis of information transfers to a country outside the European Union or to any international organization governed by public international law or set up by two or more countries, such as the UN, and about the security measures taken by us to safeguard your information. If any such transfer occurs, you can find out more by checking the relevant sections of this Policy or by contacting us using the information provided in the contact section.

The rights of users

You may exercise certain rights regarding the information we process. In particular, you have the right to do the following: (i) you have the right to withdraw consent where you have previously given your consent to the processing of your information; (ii) you have the right to object to the processing of your information if the processing is carried out on a legal basis other than consent; (iii) you have the right to learn if information is being processed by us, obtain disclosure regarding certain aspects of the processing and obtain a copy of the information undergoing processing; (iv) you have the right to verify the accuracy of your information and ask for it to be updated or corrected; (v) you have the right, under certain circumstances, to restrict the processing of your information, in which case, we will not process your information for any purpose other than storing it; (vi) you have the right, under certain circumstances, to obtain the erasure of your Personal Information from us; (vii) you have the right to receive your information in a structured, commonly used and machine readable format and, if technically feasible, to have it transmitted to another controller without any hindrance. This provision is applicable provided that your information is processed by automated means and is based on your consent, a contract you are part of or pre-contractual obligations.

The right to object to processing

Where Personal Information is processed for the public interest, in the exercise of an official authority vested in us, or for the legitimate interests pursued by us, you may object to such processing by providing a ground related to your situation to justify the objection. You must know that, however, should your Personal Information be processed for direct marketing purposes, you can object to that processing at any time without providing any justification. To learn whether we are processing personal information for direct marketing purposes, refer to the relevant sections of this document.

Data protection rights under GDPR

Suppose you are a resident of the European Economic Area (EEA). In that case, you have certain data protection rights, and SwishApp Development doo aims to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Information. If you wish to be informed what Personal Information we hold about you and if you want it to be removed from our systems, please contact us. In certain circumstances, you have the following data protection rights:

You have the right to complain to a Data Protection Authority about our collection and use of your Personal Information. For more information, please contact your local data protection authority in the European Economic Area (EEA).

How to Request Personal Data Removal from the ‘’SWISH – find your way’’ mobile application

Data Deletion Request

If you would like to have your collected data deleted, please follow these steps:

  1. Send an email to info@theswish.app
  2. Set the subject line as SWISH – Remove Personal Data Request.
  3. Specify which data you want deleted and provide the email address you used to register.

Timeline for Data Deletion

Upon receiving a data deletion request, we will process your request within 15 days. You will receive a confirmation email once your data has been deleted.

Contact Information

For any questions or concerns regarding your data, please contact us at info@theswish.app.

California privacy rights

In addition to the rights, as explained in this Policy, California residents who provide Personal Information (as defined in the statute) to obtain products or services for personal, family, or household use are entitled to request and obtain from us once a calendar year, information about the Personal Information we shared, if any, with other businesses for marketing uses. If applicable, this information would include the categories of Personal Information and the names and addresses of those businesses with which we shared such personal information for the prior calendar year (e.g., requests made in the current year will receive information about the preceding year). To obtain this information, please contact us.

How to exercise these rights

Any requests to exercise your rights can be directed to SwishApp Development doo through the contact details provided in this document. Please note that we may ask you to verify your identity before responding to such requests. Your request must provide sufficient information that allows us to confirm that you are the person you claim to be or that you are the authorized representative of such a person. You must include sufficient details to allow us to understand the request and respond to it appropriately. We can only respond to your request or provide you with Personal Information if we verify your identity or authority to make such a request and confirm that the Personal Information relates to you.

Privacy of children

We recognize the need to provide further privacy protections concerning Personal Information we may collect from children and take many special precautions to protect children's privacy. We do not require a child to disclose more information than is reasonably necessary to use the Mobile Application and Services. Parents can review their child's information, delete it, and refuse to allow further collection or use. Parents have an easy way of giving consent. We encourage children to consult their parents before submitting any information to any online resource, including our Mobile Application and Services. Parents should be involved in their children's online activities and suggest that parents do their best to provide their children with a safe and friendly online environment.

Advertisements

We may display online advertisements and share aggregated and non-identifying information about our customers that we or our advertisers collect through your use of the Mobile Application and Services. We do not share personally identifiable information about individual customers with advertisers. Sometimes, we use this aggregated and non-identifying information to deliver tailored advertisements to the intended audience.

 We may also permit certain third-party companies to help us tailor advertising that interests users and collect and use other data about user activities in the mobile application. These companies may deliver ads that place cookies and otherwise track user behavior.

Email marketing

We offer electronic newsletters to which you may voluntarily subscribe at any time. We are committed to keeping your email address confidential. We will not disclose your email address to any third parties except as allowed in the information use and processing section or to utilize a third-party provider to send such emails. We will maintain the information sent via e-mail following applicable laws and regulations.

In compliance with the CAN-SPAM Act, all e-mails sent from us will clearly state who the e-mail is from and provide clear information on contacting the sender. You may choose to stop receiving our newsletter or marketing emails by following the unsubscribe instructions included in these emails or by contacting us. However, you will continue to receive essential transactional emails.

Links to other resources

The Mobile Application and Services contain links to other resources that we do not own or control. Please be aware that we are not responsible for the privacy practices of other resources or third parties. We encourage you to be aware when you leave the Mobile Application and Services and to read the privacy statements of every resource that may collect Personal Information.

Information security

We secure the information you provide on computer servers in a controlled, secure environment protected from unauthorized access, use, or disclosure. We maintain reasonable administrative, technical, and physical safeguards to protect against unauthorized access, use, modification, and disclosure of Personal Information in its control and custody. However, no Internet or wireless network data transmission can be guaranteed. Therefore, while we strive to protect your Personal Information, you acknowledge that (i) there are security and privacy limitations of the Internet that are beyond our control; (ii) the security, integrity, and privacy of any information and data exchanged between you and the Mobile Application and Services cannot be guaranteed; and (iii) any such information and data may be viewed or tampered with in transit by a third party, despite best efforts.

Data breach

If we become aware that the security of the Mobile Application and Services has been compromised or user Personal Information has been disclosed to unrelated third parties as a result of external activity, including, but not limited to, security attacks or fraud, we reserve the right to take reasonably appropriate measures, including, but not limited to, investigation and reporting, as well as notification to and cooperation with law enforcement authorities. In the event of a data breach, we will make reasonable efforts to notify affected individuals if we believe there is a reasonable risk of harm to the user due to the breach or if notice is otherwise required by law. When we do, we will post a notice on the mobile application.

Changes and amendments

We reserve the right to modify this Policy or its terms relating to the Mobile Application and Services from time to time at our discretion. We will notify you of any material changes in treating personal information. When we do, we will revise the updated date at the bottom of this page. We may also provide notice to you in other ways at our discretion, such as through the contact information you have provided. Any updated version of this Policy will be effective immediately upon posting the revised Policy unless otherwise specified. Your continued use of the Mobile Application and Services after the effective date of the revised Policy (or such other act specified at that time) will constitute your consent to those changes. However, we will not, without your consent, use your Personal Information in a manner materially different than what was stated at the time your Personal Information was collected.

Acceptance of this policy

You acknowledge that you have read this Policy and agree to all its terms and conditions. By accessing and using the Mobile Application and Services, you agree to be bound by this Policy. If you do not agree to abide by the terms of this Policy, you are not authorized to access or use the Mobile Application and Services.

Contacting us

If you want to learn more about this Policy or discuss any matter relating to individual rights and your Personal Information, you may email support@theswish.app.