Website Privacy and Terms of Use

Swoop Website Privacy Policy

This privacy policy applies to www.swoop.com as owned and operated by Swoop.com, Inc. (“Swoop”). Swoop is committed to safeguarding the privacy of personally identifiable information (“PII”). This privacy policy covers how Swoop handles PII, including such information associated with the URL www.swoop.com. For the purposes of this policy, Swoop defines the term “client” or "customer" as a business with which Swoop has an established relationship.

Personal Identifiable Information

Swoop does not receive, use or collect PII, such as names, addresses, phone numbers and email addresses, except under the following circumstances:  When an existing or prospective client goes to www.swoop.com to request someone contact them with respect to a Swoop offering, he or she must provide contact details including person-specific information (name, title, phone number and email address) and organization-specific information (name and address). Swoop also collects marketing contact information such as names and email addresses through third parties. We use this information for marketing purposes only. Swoop may also append information collected through our website, through emails or other contact with individuals, in order to improve our website experience and product offerings.

Cookies

As is true of most websites, we gather certain information automatically and store it in log files. This information may include Internet Protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp and/or clickstream data.

In order to improve the services we offer clients, as well as to improve marketing, analytics or site functionality, we may combine this automatically- collected log information with other information that we collect about you.

Technologies such as: cookies, beacons, tags and scripts are used by Swoop and our partners (e.g. marketing partners), affiliates, analytics or service providers These technologies are used in analyzing trends, administering the site, or tracking users’ movements around the site. We may receive reports based on the use of these technologies by these companies on an individual as well as aggregated basis.

We use cookies to enhance the user’s experience on our website, for example to complete forms, identify returning users and offer personalized content. Users can control the use of cookies at the individual browser level. If you reject these cookies, you may still use our website, but your ability to use some features or areas of it may be limited.

We may partner with a third party to manage our advertising on other websites. Our third party partners may use cookies to gather information about your activities on our website and other websites in order to provide you advertising based upon your browsing activities and interests. If you do not wish to have this information used for the purpose of serving you interest-based ads, you may opt-out by clicking here (or if located in the European Union click here) Please note this does not opt you out of being served ads. You will continue to receive generic ads.

Protection of Personally Identifiable Information

Swoop is not in the business of selling or renting PII gathered on our website or in the course of client work to third parties. Swoop shares information with third parties, such as its clients, only as described in this policy or as described at the time information is collected. For example, Swoop may, at the request of a client, ask you for your email address so a client can follow up with you about your responses to a survey. The provision of such information is typically voluntary and at all times participation in a survey is, of course, voluntary.

Voluntary Participation

Individuals may also elect to opt-out at any time from receiving emails from Swoop within ten (10) business days of unsubscribing. Individuals who wish to reverse an earlier unsubscribe option may contact Swoop's Privacy Officer (see contact information below) to change their opt-out status.

Access

Customers and respondents may contact Swoop (see Privacy Contact below) at any time if they feel there is an error in their PII or request deletion thereof. Because Swoop generally receives and retains PII as an agent of its clients, it will usually refer individuals reporting inaccuracies in their PII to the originating source for correction. Subsequent to verifying the identity of a person making a request, Swoop will respond to a request for offline access to PII within 30 days of receiving such request.

Data Retention

We will retain your information for as long as needed to provide you services. If you wish to request that we no longer use your information to provide you services, contact us using the information listed below and we will coordinate with the Swoop client for which the data was collected. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes and enforce our agreements.

Legal Disclaimer

When requested by legal authorities to disclose PII, Swoop will inform the court of various factors justifying confidentiality and respondent anonymity. However, Swoop may be required by law to disclose personally identifiable information where judicial or other governmental subpoenas, warrants or orders are properly issued or if Swoop reasonably believes that use or disclosure is necessary to protect its rights. Individual unsubscribe options in no way limits Swoop's use, disclosure or distribution of PII to the extent such use, disclosure or distribution is required by law, court order or other valid legal process. Swoop will communicate with the affected client as soon as possible, unless prohibited by law or court order.

If Swoop is involved in a merger, acquisition or sale of all or a portion of its assets, Swoop may transfer your data. In such a circumstance, you will be notified via email and/or a prominent notice on our website of any change in ownership or uses of your PII, as well as any choices you may have regarding your PII.

Links to 3rd Party Sites

Our website includes links to other websites whose privacy practices may differ from ours. If you submit PII to any of those sites, your information is governed by their privacy policies. We encourage you to carefully read the privacy policy of any website you visit.

Social Media Features and Widgets

Our website and some surveys include social media features, such as the "Facebook Like" button and widgets, such as the "Share This" button or interactive mini-programs that run on our website. These features may collect your IP address, which page you are visiting on our website, and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly on our website. Your interactions with these Features are governed by the privacy policy of the company providing it.

Testimonials

We display personal testimonials of satisfied clients on our website in addition to other endorsements. With your consent. we may post your testimonial along with your name. If you wish to update or delete your testimonial, you can contact us at privacy@swoop.com.

Blogs

Our website offers publicly-accessible blogs and community forums. You should be aware that any information you provide in these areas may be read, collected and used by others who access them. To request removal of your PII from our blog or community forum, contact us at privacy@swoop.com.

Notification of Changes

If we decide to change our privacy policy, we will post these changes to the Swoop website. All changes will be posted to this privacy policy, the homepage and other places we deem appropriate so that you are aware of what information we collect, how we use it and under what circumstances, if any, we disclose it. The date of last revision will be shown on this website. We reserve the right to modify this privacy policy at any time, so please review it frequently. If we make material changes to this policy, we will notify you here, by e-mail or by means of a notice on our home page prior to the change becoming effective.

Privacy Contact

If you have any questions or comments about this privacy policy or the practices of this site, or unresolved privacy and data use concerns, please contact Swoop by e-mailing privacy@swoop.com. Swoop responds to non-frivolous privacy-related requests in a timely fashion, not to exceed ten (10) business days.

Terms of Use

Ownership of Site and Agreement to Terms of Use

These Terms and Conditions of Use (the “Terms of Use”) apply to the web site located at www.swoop.com (the “Site”). The Site is the property of Swoop.com, Inc. (“Swoop”) and its licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE. Swoop reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Swoop grants you a personal, non-exclusive, non-transferable, limited right to enter and use the Site.

Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Swoop, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Changes to the Site/Updates/Terms

Swoop reserves the right to make changes in any products described on the Site at any time without notice. Customers are advised to obtain the latest version of documents before relying on information described in the Site, except as explicitly set forth in written agreements between Swoop and its customers. Swoop may make changes to the Content or the Site at any time without notice. Swoop makes no commitment to update the Content or the Site. Swoop reserves the right to make changes to the Site and the disclaimers, terms, and conditions at any time.

License to Use Content and Limits on Use

The Content on the Site is provided by Swoop as a service to its customers and potential customers. As long as you comply with these Terms of Use, Swoop hereby grants you the right to use the Content that is freely available on the Site for informational purposes only.

Any other use, unless otherwise authorized in writing by Swoop or its suppliers, including the framing, linking to, reproduction (including photocopying or storage in an information storage/retrieval system), modification, distribution, transmission, republication, display, resale, data extraction, or data mining of the Content on the Site, or the preparation of derivative works based on the Content of the Site, is strictly prohibited. You will not tamper with, disable, reverse engineer, decompile or otherwise interfere with the proper functioning of the Site, or any content, proprietary notice, copyright management system or software associated with the Site, or misrepresent your identity in connection with any use thereof. All rights not expressly granted herein are hereby reserved.

You may use information on Swoop products and services (such as product briefs, designer manuals, design libraries, datasheets, white papers and similar materials) purposely made available by Swoop for downloading from the Site, provided that you (1) not remove any proprietary notice language in any copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.

Trademarks

The Swoop name, the Swoop logo and the product names associated with the Swoop services are service marks or trademarks of Swoop. Other company and product names may be trademarks or registered trademarks of the respective owners with which they are associated. You may not use, and nothing contained on the Site grants, by implication, waiver, estoppel or otherwise, any right to use, any trademark displayed on the Site without the written permission of Swoop or the respective owner.

Availability of the Site

You acknowledge that temporary interruptions in the availability of the Site may occur from time to time as normal events. Under no circumstances will Swoop or its suppliers be held liable for any damages due to such interruptions. The Site and the Content may include technical inaccuracies or typographical errors. The Site is made available internationally and may contain references to products, programs and services of Swoop or its suppliers that are not available in your location. Such references do not imply that Swoop or its suppliers intend to make available such products, programs or services in your location.

Links with Other Sites

Swoop is not responsible for the content of any other web site linked to or from the Site. If you link to another site, you leave the Site. If you decide to link to another site, you do so entirely at your own risk. Swoop may provide links from the Site to other sites, but this is done solely as a convenience to you and in no way should be interpreted as a referral or endorsement of any content, sponsor or owner of any other site. ALL WARRANTIES, CONDITIONS OR OTHER TERMS EXPRESS OR IMPLIED AS TO ANY SUCH LINKED SITE, INCLUDING WITHOUT LIMITATION AS TO ACCURACY, OWNERSHIP, VALIDITY OR LEGALITY OF ANY CONTENT OF A LINKED SITE, ARE HEREBY EXCLUDED.

Accounts, Passwords and Security

Certain features or services offered on or through the Site may require you to register (including setting up a Swoop login and password). You are entirely responsible for maintaining the confidentiality of your registration information, including your password, and for any and all activity that occurs under your registration. You agree to notify Swoop immediately of any unauthorized use of your login or password, or any other breach of security. However, you may be held liable for losses incurred by Swoop or any other user of or visitor to the Site due to someone else using your Swoop login, password or registration.

You may not use anyone else’s Swoop login, password or registration at any time without the express permission and consent of the holder of that Swoop login, password or registration. Swoop cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

Privacy

Swoop' Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. To view Swoop’ Privacy Policy, see above. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

Disclaimers

SWOOP DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR–FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. SWOOP CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. SWOOP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SWOOP DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND ANY SWOOP SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST SWOOP FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES, AND IN ITS ABSENCE SWOOP WOULD NOT MAKE THE SITE AVAILABLE.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

Swoop reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes; and (4) revoke or suspend any login or password.

Limitation of Liability

Except where, and to the minimum extent, prohibited by law, in no event will Swoop be liable to you for any indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profits or cost of replacement, even if Swoop has been advised of the possibility of such damages. If, notwithstanding the other provisions of these Terms of Use, Swoop is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, Swoop liability shall in no event exceed US$100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

Indemnity

You agree to indemnify and hold Swoop, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Swoop by any third party due to, or arising out of, or in connection with, your use of the Site.

Terms of Use Violation

Swoop may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Swoop’ rights or property, or the rights or property of visitors to, or users of, the Site, including Swoop customers. Swoop reserves the right at all times to disclose any information that Swoop deems necessary to comply with any applicable law, regulation, legal process or governmental request. Swoop also may disclose your information when Swoop determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that Swoop may preserve any transmittal or communication by you with Swoop through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or if Swoop determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Swoop, its employees, users of or visitors to the Site, and the public.

You agree that Swoop may, in its sole discretion and without prior notice, terminate your access to the Site or block your future access to the Site (including revoking logins and passwords) if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Swoop, for which monetary damages would be inadequate, and you consent to Swoop obtaining any injunctive or equitable relief that Swoop deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Swoop may have at law or in equity.

You agree that Swoop may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (including self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems. If Swoop does take any legal action against you as a result of your violation of these Terms of Use, Swoop will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Swoop. You agree that Swoop will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

Governing Law and Dispute Resolution

You agree that all matters relating to your access to, or use of, the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of California without regard to its conflicts of law provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Boston, Massachusetts, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred.

No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between Swoop and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

US Government Restricted Rights

Use, duplication, or disclosure by the United States Government is subject to the restrictions set forth in DFARS 252.227-7013 ©(1)(ii) and FAR 52.227-19.

Export Control

You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including, without limitation, United States export laws and regulations.

Miscellaneous

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and Swoop with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and Swoop with respect to such use are hereby superseded and cancelled. Swoop will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. Swoop’ failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Swoop of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Swoop and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.