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.
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.
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.
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.
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.
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.
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
Social Media Features and Widgets
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 email@example.com.
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 firstname.lastname@example.org.
Notification of Changes
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
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.
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.
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
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.
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.
Governing Law and Dispute Resolution
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.
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.