Privacy Policy

Last update: August 29th, 2019.

 

INTRODUCTION

In accordance with Regulation (EU) 2016/679 (“GDPR”), Swabit B.V. (“the Company” or the “Data Controller” or “we” or “us” or “our”) sets out below the privacy information on the processing of personal data of users (“user”, “you”, “your” and “yours”) – obtained directly from you and/or obtained from third parties – with respect to the provision of services related to app, mobile products and website.
A. Identity and contact details of the Data Controller:
The Data Controller is Swabit B.V., with registered and administrative office and contact address in Rotterdam, Stationsplein 45, 3013 AK, in the Netherlands.
B. Contact details of the Data Protection Officer:
The Company has appointed a Data Protection Officer (DPO) who can be contacted at the following email: privacy@swabit.app
This Privacy Policy explains how we collect, use, disclose, and safeguard your information when you visit and/or use our mobile application (Swabit App), our Website (www.swabit.app) and the other services offered by Swabit (the “Tools”).
Please read this Privacy Policy carefully. If you do not agree with the terms of this Privacy Policy, please do not create an account in Swabit App, do not insert your data in the Website contact forms.
By accessing, using the Tools and/or inserting your data, you are declaring that you agree with the terms of this Privacy Policy and that you are older than 16 years old.
We reserve the right to make changes to this Privacy Policy at any time and for any reason. We will alert by email all users who registered or released with their email address about any changes by updating the “Last updated” date of this Privacy Policy.
You are encouraged to periodically review this Privacy Policy to stay informed about the updates. You will be deemed to have been made aware of, will be subject to, and will be deemed to have accepted the changes in any revised Privacy Policy by your continued use of the Tools after the date such revised Privacy Policy is posted.
This Privacy Policy does not apply to the third-party online/mobile store from which you install the Tools or make payments, including any in-game virtual items, which may also collect and use data about you. We are not responsible for any of the data collected by any such third parties.
The Company is not responsible for the contents published by users through the app. The Company is not responsible for any content posted by users that reveal data from other users or that do not comply with the privacy laws.

1. COLLECTION OF YOUR INFORMATION
We may collect information about you in a variety of ways. The information we may collect via the Tools depends on the content and materials you use, and includes:
• Personal Data
When you register yourself in the Tools we may collect information about you including your first name, last name and email address. We may also ask you to voluntary provide additional information in your profile, such as your interest, profile photo, location, etc. We process this data for the purposes as stated here below in the section “Use of your Information”.
• Consent
Swabit considers your consent expressed through the access and the use of the Tools, including your inserting of your data, as the lawful basis under GDPR article 6 and 7. By creating a Swabit account, you give the Company the right to use your email for any communication regarding updates and changes to our Terms of Use and Privacy Policy, as well as new features and any other matter that affects your rights and obligations or is related to the correct use of the App.
You may edit your profile at any time to change, add, or remove personal information.
• Derivative Data
Information our servers automatically collect when you access the Tools, such as your native actions that are integral to the Tools, including liking, re-blogging, or replying to a post, as well as other interactions with the Tools and other users via server log files.
• Financial Data
Financial information, such as data possibly related to your payment method (e.g. valid credit card number, card brand, expiration date) that we may collect when you purchase, order, return, exchange, or request information about our services from the Tools. We don’t store any financial information that we collect. All financial information is stored by our Payment Processor who will be visible when you make a payment. You are encouraged to review our Payment Processor privacy policy and contact it directly for responses to your questions.
• Data from Social Networks
User information from social networking sites, such as Apple’s Game Center, Facebook, Instagram, Pinterest, Twitter, including your name, your social network username, location, gender, birth date, email address, profile picture, and public data for contacts, if you connect your account to such social networks. This information may also include the contact information of anyone you invite to use and/or join the Tools.
• Geo-Location Information
We may request access or permission to and track location-based information from your mobile device, either continuously or while you are using the Tools, to provide location-based services. If you wish to change our access or permissions, you may do so in your device’s settings.
• Mobile Device Access
We may request access or permission to certain features from your mobile device, including your mobile device’s Bluetooth, calendar, camera, contacts, microphone, reminders, sensors, SMS messages, social media accounts, storage, and other features. If you wish to change our access or permissions, you may do so in your device’s settings.
• Mobile Device Data
Device information such as your mobile device ID number, model, and manufacturer, version of your operating system, phone number, country, location, and any other data you choose to provide.
• Push Notifications
We may request to send you push notifications regarding your Tools’ account. If you wish to opt-out from receiving these types of communications, you may turn them off in your device’s settings.
• Third-Party Data
Information from third parties, such as personal information or network friends, if you connect your account to the third party and grant the Tools permission to access this information.
• Data From Contests, Giveaways, and Surveys
Personal and other information you may provide when entering contests or giveaways and/or sending contact forms and/or responding to surveys.

2. USE OF YOUR INFORMATION
Having accurate information about you permits us to provide you with a smooth, efficient, and customized experience. Specifically, we may use information collected about you via the Tools to:
• Administer sweepstakes, promotions, and contests.
• Assist law enforcement and respond to subpoena.
• Compile anonymous statistical data and analysis for use internally or with third parties.
• Create and manage your account.
• Deliver targeted advertising, coupons, newsletters, and other information regarding promotions and the Tools to you.
• Email you regarding your account or order.
• Enable user-to-user communications.
• Fulfil and manage purchases, orders, payments, and other transactions related to the Tools.
• Generate a personal profile about you to make future visits to the Tools more personalized.
• Increase the efficiency and operation of the Tools.
• Monitor and analyze usage and trends to improve your experience with the Tools.
• Notify you of updates to the Tools.
• Offer new products, services, mobile applications, and/or recommendations to you.
• Perform other business activities as needed.
• Prevent fraudulent transactions, monitor against theft, and protect against criminal activity.
• Process payments and refunds.
• Request feedback and contact you about your use of the Tools.
• Resolve disputes and troubleshoot problems.
• Respond to product and customer service requests.
• Send you a newsletter.
• Solicit support for the Tools.

3. DISCLOSURE OF YOUR INFORMATION
We may share information we have collected about you in certain situations. Your information may be disclosed as follows:
• By Law or to Protect Rights
If we believe the release of information about you is necessary to respond to legal process, to investigate or remedy potential violations of our policies, or to protect the rights, property, and safety of others, we may share your information as permitted or required by any applicable law, rule, or regulation. This includes exchanging information with other entities for fraud protection and credit risk reduction.
• Third-Party Service Providers
We may share your information with third parties that perform services for us or on our behalf, including payment processing, data analysis, email delivery, hosting services, customer service, and marketing assistance.
• Marketing Communications
With your consent, or with an opportunity for you to withdraw consent, we may share your information with third parties for marketing purposes, as permitted by law.
• Interactions with Other Users
If you interact with other users of the Tools, those users may see your name, profile photo, and descriptions of your activity, including sending invitations to other users, chatting with other users, comments, liking posts, following blogs.
• Online Postings
When you post comments, contributions or other content to the Tools, your posts may be viewed by all users and may be publicly distributed outside the Tools in perpetuity.
• Third-Party Advertisers
We may use third-party advertising companies to serve ads when you visit the Tools. These companies may use information about your visits to the Tools and other websites that are contained in web cookies in order to provide advertisements about goods and services of interest to you.
• Affiliates
We may share your information with our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include our parent company and any subsidiaries, joint venture partners or other companies that we control or that are under common control with us.
• Business Partners
We may share your information with our business partners to offer you certain products, services or promotions.
• Promotional Offers
The Tools may display a third-party Promotional Offers. Such offers allow third-party advertisers to offer goods, services, gifts, or other items to users in return for acceptance and completion of an advertisement offer. Such offers may appear in the Tools and be displayed to you based on certain data, such as your geographic area or demographic information. When you click on a Promotional Offer, you could leave the Tools. A unique identifier, such as your user ID, will be shared with the offer provider in order to prevent fraud and properly credit your account.
• Social Media Contacts
If you connect to the Tools through a social network, your contacts on the social network will see your name, profile photo, and descriptions of your activity.
• Other Third Parties
We may share your information with advertisers and investors for the purpose of conducting general business analysis. We may also share your information with such third parties for marketing purposes, as permitted by law.
• Sale or Bankruptcy
If we reorganize or sell all or a portion of our assets, undergo a merger, or are acquired by another entity, we may transfer your information to the successor entity. If we go out of business or enter bankruptcy, your information would be an asset transferred or acquired by a third party. You are informed beforehand in case such transfer occurs.
Moreover, we are not responsible for the actions of third parties with whom you share personal or sensitive data, and we have no authority to manage or control third-party solicitations. If you no longer wish to receive correspondence, emails or other communications from third parties, you are responsible for contacting the third party directly.

4. TRACKING TECHNOLOGIES
• Cookies and Web Beacons
We may use cookies, web beacons, tracking pixels, and other tracking technologies on the Tools to help customize the Tools and improve your experience. When you access the Tools, your personal information can be collected through the use of tracking technology.
• Internet-Based Advertising
Additionally, we may use third-party software to serve ads on the Tools, implement email marketing campaigns, and manage other interactive marketing initiatives. This third-party software may use cookies or similar tracking technology to help manage and optimize your online experience with us.
• Analytics
We may also partner with selected third-party vendors, such as Google Analytics, Firebase Analytics and others, to allow tracking technologies and remarketing services on the Tools through the use of first party cookies and third-party cookies, to, among other things, analyze and track users’ use of the Tools, determine the popularity of certain content, and better understand online activity. By accessing the Tools, you consent to the collection and use of your information by these third-party vendors. You are encouraged to review their privacy policy and contact them directly for responses to your questions.

5. THIRD-PARTY WEBSITES
The Tools may contain links to third-party websites and Tools of interest, including advertisements and external services, that are not affiliated with us. Once you have used these links to leave the Tools, any information you provide to these third parties is not covered by this Privacy Policy, and we cannot guarantee the safety and privacy of your information. Before visiting and providing any information to any third-party websites, you should inform yourself of the privacy policies and practices (if any) of the third party responsible for that website, and should take those steps necessary to, in your discretion, protect the privacy of your information. We are not responsible for the content or privacy and security practices and policies of any third parties, including other sites, services or Tools that may be linked to or from the Tools.

6. SECURITY OF YOUR INFORMATION
We use administrative, technical, and physical security measures to help protect your personal information. While we have taken reasonable steps to secure the personal information you provide to us, please be aware that despite our efforts, no security measures are perfect or impenetrable, and no method of data transmission can be guaranteed against any interception or other type of misuse. Any information disclosed online is vulnerable to interception and misuse by unauthorized parties. Therefore, we cannot guarantee complete security if you provide personal information.

7. POLICY FOR UNDER 16
Accessing to the Tools users declare to be older than 16. Therefore, we do not knowingly solicit information from or market to children under the age of 16. If you become aware of any data we have collected from children under age 16, please contact us using the contact information provided below.

8. CONTROLS FOR DO-NOT-TRACK FEATURES
Most web browsers and some mobile operating systems and mobile Tools 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. No uniform technology standard for recognizing and implementing DNT signals has been finalized. 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 Policy.

9. DATA RETENTION PERIOD
The data will be kept for no longer than required for the purposes for which it has been collected or processed, in accordance with the applicable legislation.
Your data will be kept for two years from the termination of the contractual relationship in order to allow the Company to defend itself against possible claims in relation to the contract. At the end of this period, all data will be deleted or otherwise irreversibly de-identified, unless the continued retention of some or all of the data is required by law.

10. RIGHTS OF DATA SUBJECTS
As the data subject, you have the following rights concerning the personal data collected and processed by the Data Controller for the purposes listed above.
• Right of access
You have the right to ask the Data Controller for confirmation that your personal data is being processed and obtain access to your personal data;
• Right of rectification, cancellation and right to be forgotten
You have the right to rectify any inaccurate personal data, as well as, taking into account the purposes of the processing, complete any incomplete personal data, including by providing a supplementary statement.
You also have the right to obtain cancellation or forgetting of your personal data.
The Company has the right, nevertheless, to waive these rights of cancellation if the right to freedom of expression and information prevails, or to exercise a legal obligation or defend a legal claim.
You may at any time review or change the information in your account or terminate your account by contacting us using the contact information provided below.
Upon your request to terminate your account, within one month we will deactivate, delete or forget your accounts and information from our active databases. However, some information may be retained in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our Terms of Use and/or comply with legal requirements.
• Right to no longer receive Emails and Communications
If you no longer wish to receive correspondence, emails, or other communications from us, you may opt-out by contacting us using the contact information provided below.
If you no longer wish to receive correspondence, emails, or other communications from third parties, you are responsible for contacting the third party directly.
At any time, you can exercise the above-mentioned rights by contacting the Data Controller, by sending an email to the DPO: privacy@swabit.app.
• Right to data portability
When technically feasible, Swabit will— at your request — provide your personal data to you or transmit it directly to another controller, according to the article 20 of GDPR.
• Right to file a complaint
You have the right to lodge a complaint to the Dutch Data Protection Authority about our collection and use of your personal information. See for more information: https://autoriteitpersoonsgegevens.nl/en

As a company complying with personal data protection regulations, Swabit BV invites its users, partners and stakeholders in general chance to get some more information at the following source:

– E-Privacy DIRECTIVE (2002), (waiting for the new regulation, probably just in 2020).
https://eur-lex.europa.eu/legal-content/EN/TXT/?qid=1564489530919&uri=CELEX:32002L0058

– Opinion 13/2011 on Geo-location services on smart mobile devices (ARTICLE 29 Data Protection Working Party.
https://ec.europa.eu/justice/article-29/documentation/opinion-recommendation/files/2011/wp185_en.pdf

– Opinion 02/2013 on apps on smart devices.
https://www.pdpjournals.com/docs/88097.pdf

– GDPR – General Data Protection Regulation/2016/679, made by European Parliament and Council of the European.
https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32016R0679

– Opinion 5/2019 on the interplay between the e-Privacy Directive and the GDPR, in particular regarding the competence, tasks and powers of data protection authorities Adopted on 12 March 2019.
https://edpb.europa.eu/sites/edpb/files/files/file1/201905_edpb_opinion_eprivacydir_gdpr_interplay_en_0.pdf

– European Data Protection Board – The European Data Protection Supervisor is an independent supervisory authority whose primary objective is to ensure that European institutions and bodies respect the right to privacy and data protection when they process personal data and develop new policies.
https://edpb.europa.eu/

 

11. CONTACT US

If you have questions or comments about this Privacy Policy, please contact us at:

Swabit B.V.
Stationsplein 45
3013 AK, Rotterdam
The Netherlands

Email: privacy@swabit.app

By emailing us, you confirm you have read and accept our Privacy Policy.