This privacy policy describes the personal information (defined below) that Swarm Technologies Inc. and its affiliates (“Swarm”, “we”, “us” and/or “our”) collect about you, how we use and protect this personal data, and the choices you can make about how we may use your personal data. Your privacy and the security of your personal data matters to us, so please review our privacy practices and contact us at privacy@swarm.space if you have any questions about your personal data. Please read this privacy policy carefully to understand our information practices. If you do not agree to this privacy policy, please do not use our Services.

If you are located in the European Economic Area, the United Kingdom, or Switzerland (collectively “EEA+”), and Swarm products collect information about you (e.g., as an employee of a Swarm customer), please note that this privacy policy covers only those instances when the purposes and means of processing your personal data are determined by us, including if you are a website visitor or have a contract directly with Swarm (in other words, when we are a “controller” as defined by the GDPR). It therefore does not apply to any of your personal data, which we may process on behalf of our customers (in other words, when we are a “processor” as defined by the GDPR). Please therefore directly contact the relevant controller (e.g., your employer, if you are an employee of a Swarm customer) for more information about their privacy practices.

Swarm may collect a variety of personal data about you in a number of ways. Depending on how you interact with our website, we may collect the following personal information about you, which we have grouped together as follows:

  • Personal data you provide directly. We may collect the following personal data that you provide directly to us, such as when you access our website, establish a user account with us, register our products, or otherwise give us your contact details. You may also choose to submit personal data to us via other methods, e.g., in response to marketing or other communications; through social media or online forums; through participation in an offer, program or promotion; in connection with an actual or potential business relationship with us; or by giving us your business card or contact details at trade shows or other events. Such information may include:
    • Name
    • Email address
    • Physical address
    • Phone number
    • Employer/company information 
    • Social media profile information
    • Interests, preferences, feedback, and survey responses
  • Personal data we collect automatically. We may automatically collect information about how you use and engage with our business (e.g., via our websites and/or applications), products and/or services over time, and some of this may be personal data, including Internet protocol (IP) address, device and advertising identifiers, browser type, operating system, Internet service provider, the web page that directed you to our services, the date and time of your visit, information about how you engage with us (e.g., the links or buttons you click and pages you view of our website or applications), the fact of whether an email was opened, and other standard server log information. To collect such data and allow our technologies to function effectively, we may use cookies and other technologies. For more information, please refer to the “Cookies” section of this privacy policy below.   
  • Personal data we collect from other sources. We may supplement personal data we have collected with information from third parties or other publicly available sources, such as contact information, social media profile information, and interests. We may combine information obtained from other sources with information we have collected about you through other means. From time to time, we may offer referral programs to refer prospective customers to us. Please refer a prospective customer and provide their personal data to us only if you have their permission. If you later find out you did not have such consent, please inform us as soon as possible.

How and Why Do We Use Personal Information?

  • To manage our relationship with you, such as communicating with you about our goods and services, providing you with customer service, or notifying you about changes to our terms or privacy policy.
  • To understand what may be of interest to you, deliver relevant website content to you and measure or understand the effectiveness of the content.
  • To improve our website, products/services, marketing, customer relationships and experiences, and to create new products, features, and services.
  • To administer our website and provide you with technical support (including troubleshooting, reporting and hosting of data, and data analytics).
  • To secure our website and products/services.
  • To comply with our legal obligations and establish, exercise, or defend our legal rights (including enforcement of this privacy policy and our terms of use).

We may also aggregate and/or anonymize any information collected through our services so that such information can no longer be linked to you or your device. Such aggregate/anonymous information may be used for any purpose, at our discretion.

With Whom Do We Share Personal Information?

Protecting your personal data is important to us and we neither rent nor sell your personal data to anyone. We may, however, disclose or transfer your personal data in certain circumstances, including:

  • We may share your personal information with our affiliates and service providers for the purposes we outline in this privacy policy. For example, we may rely on service providers to host and maintain our website, perform backup and storage services, process payments, transmit communications, and perform analytics services.
  • Where required by applicable law, we may also need to transfer your personal information to government agencies and regulators (e.g., tax authorities, courts, and government authorities).
  • If we sell, merge or reorganize our company, we expect that the personal information that we have collected will be transferred to the surviving or acquiring entity in accordance with applicable law.
  • To enforce or apply our Terms of Service and/or any other agreement that governs the sale, use or purchases of our products and/or services; and
  • To protect the rights, property, or security of Swarm, our employees, our users and/or others.

Legal Bases for Use of Your Information

Where we act as a data controller of personal data belonging to residents of the EEA+, our legal bases for using your personal data are as follows:

  • Where use of your information is necessary to perform our obligations under a contract with you (for example, to comply with the terms of service of our websites which you accept by browsing the websites/registering; and/or our contract to provide our Services to you).
  • Where use of your information is necessary for our legitimate interests or the legitimate interests of others (for example, to provide security for our websites, operate our business, make and receive payments; comply with legal requirements and defend our legal rights).
  • Where we have your consent, as permitted by applicable law.

Retention of Your Information

We keep your information for no longer than necessary for the purposes for which it is processed. The length of time for which we retain information depends on the purposes for which we collected and used it and/or as required to comply with applicable laws.

How Do We Protect Personal Information?

We have put in place technological, physical, and administrative procedures to protect your personal information and deal with any suspected breach of your personal information. Nevertheless, although we have tried to make our products and services secure and reliable, the confidentiality of any communication or material transmitted over the Internet (including to or from us) cannot be guaranteed. We therefore urge you to exercise caution when conveying any personal data over the Internet. You should also recognize that your use of the Internet and any other means of communication with us is solely at your own risk. 

How Do We Use Cookies?

We use cookies and similar technologies to collect information about how you interact with our website and improve your experience. We may also allow third party service providers to use cookies or similar technologies to collect information about your browsing activities over time and across different websites following your use of the Services. Cookies can be stored on your computer for different periods of time. Some cookies expire after a certain amount of time, or upon logging out (session cookies), others survive after your browser is closed until a defined expiration date set in the cookie (as determined by the third party placing it), and help recognize your computer when you open your browser and browse the Internet again (persistent cookies).

Your Privacy Rights

Depending on your jurisdiction of residence, you may have legal rights with respect to your information, such as the right to access, update, or erase certain personal information that we have about you, or restrict or object to how we use it. To exercise these rights, please contact us at privacy@swarm.space. We may need to request specific information from you to help us make sure the request is coming from you and not someone who has no right to receive your information.

We will consider all requests and provide our response within any time periods specified by applicable law. Please note, however, that certain information may be exempt from such requests in some circumstances, which may include if we need to keep processing your information for our legitimate interests or to comply with a legal obligation.

If you are a California resident, please see our California Privacy Notice below for more information about your rights.

Children’s Privacy

Swarm does not knowingly collect Personal Data from children under the age of 16. If you are under the age of 16, please do not submit any Personal Data through the Services. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce our Privacy Policy by instructing their children never to provide Personal Data on the Services without their permission. If you have reason to believe that a child under the age of 16 has provided Personal Data to Swarm through the Services, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our website may contain links to other websites, which may have privacy policies or notices that differ from ours. We are not responsible for the collection, processing, or disclosure of personal information collected through other websites.

Changes to Our Privacy Policy

We may amend our privacy policy from time to time to reflect changes in our practices, technologies, legal requirements, and other factors. We therefore encourage you to revisit this page periodically to read the current version of it to stay informed about our collection, processing and sharing of your personal data. Please note should we amend our privacy policy we will update the “effective date” at the top of this privacy policy. If you have any concerns or questions about this privacy policy or if you would like to lodge a complaint, please contact privacy@swarm.space.

California Privacy Notice

The California Consumer Privacy Act of 2018 (CCPA) was enacted into law on June 28, 2018, and many of its provisions went into effect on January 1, 2020. The CCPA grants California residents certain rights with respect to their ability to know and access the personal information that businesses collect about them. Those rights include the right to say no to the sale of their personal information. However, please note that Swarm does not sell personal information. Our Privacy Policy describes how Swarm may collect and use personal data consistent with other CCPA-related rights when we act as a “business” (as defined under the CCPA). 

When we process personal information provided by our customers, Swarm acts as a “service provider” (as defined under the CCPA). In that capacity, we only process and transfer the personal information of our customers and our customers’ end-users for the purpose of performing our rights and obligations under our existing contract(s) with our customers and for no other commercial purpose.

If you are a resident of California and have applied for a position at Swarm, we may collect and use your Personal Data for human resources and business management purposes, including identifying and evaluating candidates for potential employment as well as for future roles that may become available, recordkeeping in relation to recruiting and hiring, ensuring compliance with legal requirements including diversity and inclusion requirements and practices, conducting background checks as permitted by applicable law, protecting our legal rights to the extent authorized or permitted by law, or emergency situations where the health or safety of one or more individuals may be endangered. Your Personal Data may be accessed by recruiters and interviewers. We use third party service providers to provide a recruiting software system. We also share your personal data with other third party service providers that may assist us in recruiting talent, administering and evaluating pre-employment screening and testing, and improving our recruiting practices.

If you are a resident of California and believe we have collected your Personal Data outside of a “service provider” relationship, you may request to know more details about the categories or specific pieces of Personal Data we collect (including how we use and disclose this information), to delete your Personal Data (where applicable), and to not be discriminated against for exercising these rights. Please see this Privacy Policy for more details about our privacy practices. You may make a data request pursuant to your rights under CCPA by contacting us at privacy@swarm.space. We will verify your request using the information associated with your account, including email address. Government identification may be requested. You may also designate an authorized agent to exercise these rights. Notwithstanding the foregoing, please note that if you do not have a Swarm account, we may not have enough information about you to verify your data requests, and as such, may be unable to verify and honor your requests. 

Swarm has not sold personal information, as “sell” and “personal information” are defined under the California Consumer Privacy Act of 2018, in the preceding 12 months.

If you have questions, you may contact us at privacy@swarm.space.

California “Shine the Light” Disclosure

The California “Shine the Light” law gives residents of California the right under certain circumstances to opt out of the sharing of certain categories of personal information (as defined in the Shine the Light law) with third parties for their direct marketing purposes. We do not share your personal information with third parties for their own direct marketing purposes.