1. INTRODUCTION

1.1 Scope of the Privacy Policy. This Privacy Policy details our commitment to protecting your  personal data that you provide us through the website www.swifteq.com, including related domain names, and/or use of our software applications, products and services (collectively, the “Services”). This Privacy Policy explains in detail how we collect, use, disclose, and protect your personal data, and what rights you have with regard to your personal data.  The Privacy Policy does not cover any third-party websites, applications or software that integrate with the Services or any other third-party products and services.

1.2 What is personal data? The term ‘personal data’ means information relating to an identified or identifiable natural person. An identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, and online identifier or to one or more factors specific to his/her physical, physiological, genetic, mental, economic, cultural or social identity.

1.3 Details of the data controller. The Services are provided by Swifteq Limited, an Irish company having a registered business address at 51 Bracken Road, Sandyford, Dublin, D18 CV48, Ireland.

1.4 Our role as a data controller and data processor. We act in the capacity of a data controller and data processor with regard to the personal data processed through the Services in terms of the applicable data protection laws, including the Irish Data Protection Act 2018 and the EU General Data Protection Regulation (GDPR). Our role depends on the specific situation in which your personal data is handled by us, as explained in detail below:

• Data controller. We are responsible for the collection and use of your personal data through our website and the Services, where we make decisions about the types of personal data that should be collected from you and the purposes for which such personal data should be used. Therefore, we act as a data controller with regard to the personal data collected directly through the Services (e.g., when you browse our website, conclude a service contract with us, or communicate with us). We comply with the data controller’s obligations set forth in the applicable laws.

• Data processor. We act in the capacity of a data processor in situations when we access personal data that you control within the scope of the Services that we provide to you as our customer (the “Service Data”) and that Service Data contains personal data (e.g., your clients’ or employees’ personal data). We do not own, control, or make decisions about the Service Data. We process the Service Data only in accordance with the instructions issued by you. To ensure that the Service Data is processed in accordance with the strictest data protection standards, we offer a data processing agreement that is available at https://www.swifteq.com/dpa (the “DPA”). The DPA is incorporated by reference into our Service Agreement.

• We have no direct relationship with individuals whose personal information we process in connection with our customers’ use of our Services. If you are an individual who interacts with our customer using the Services (such as a customer or an employee of one of our Customers) and would either like to amend your contact information or no longer wish to be contacted by one of our customers, please contact that customer that you interact with directly. Our customers are solely responsible for establishing policies for and ensuring compliance with all applicable laws and regulations, as well as any and all privacy policies, agreements or other obligations, relating to the collection of personal data in connection with the use of our Services by individuals with whom our customers interact.

1.5 Amendments. This Privacy Policy can be changed from time to time to address the changes in our business, the functionalities of the Services, the applicable laws, regulations, and industry standards. The amended version of the Privacy Policy will be posted on this page and, if we have your email address, we will send you a notice about all the changes implemented by us. We encourage you to review our Privacy Policy from time to time to stay informed. For significant material changes in the Privacy Policy or, where required by the applicable law, we may seek your consent.

1.6 Term and termination. This Privacy Policy enters into force on the date indicated at the top of the Privacy Policy and remains valid until terminated or updated by us.

1.7 Children. We do not knowingly collect personal data belonging to persons user the age of 18.

2. WHAT DATA DO WE COLLECT AS A DATA CONTROLLER?

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In this section, we explain in detail what personal data we collect from you, for what purposes we use it, what technical data is collected automatically when you use the Services, and how we communicate with you.

2.1 Sources of personal data. We obtain your personal data from the following categories of sources:

• Directly from you. For example, if you submit your personal data when you register your user account, order the Services, or contact us;

• Directly or indirectly through your activity. When you use the Services, we automatically collect technical information about your use of the Services by means of cookies and analytics services; and

• From third parties. We may receive information about you from third parties to whom you have previously provided your personal data, if those third parties have a legal basis for disclosing your personal data to us (for example, for payment processing purposes).

2.2 Collection of personal data. We comply with data minimisation principles. This means that we collect only a minimal amount of personal data that is necessary for your use of the Services. We use your personal data for limited, specified and legitimate purposes explicitly mentioned in this Privacy Policy. We do not repurpose your personal data. This means that we do not use it for any purposes that are different from the purposes for which your personal data was provided. Below, you can find an overview of the types of personal data that we collect, the purposes for which we use it, and the legal bases on which we rely when processing it.

• Free trials. When you request a free trial, we collect your full name, last name, email address, and password. We use such information to register and maintain your user account, enable you to use our free trial, maintain our business records, and contact you, if necessary. The legal bases on which we rely are ‘performing a contract with you’ and ’pursuing our legitimate interests’ (i.e., operate, grow, and administer the Services). We will store this data until your user account is deleted.

• Your account. When you register your user account as an account owner or an invited user, we collect your full name, email address, and password. When you update your user account, we collect your company information. We use such information to register and maintain your user account, enable you to purchase and use our Services, process your orders, contact you, if necessary, ensure security, and maintain our business records. The legal bases on which we rely are ‘performing a contract with you’ and ’pursuing our legitimate interests’ (i.e., operate, analyse, grow, protect, and administer the Services). We will store this data until your user account is deleted, unless we are required by law to keep some records longer. 

• Orders and payments. When you make a payment, our payment processor Stripe collects your name, credit card number, CVV code, billing address, and card expiry month and year.  We get access to your full name, billing address, and email address only. Your payment data is used to process payments and maintain our accounting records. The legal bases on which we rely are ‘performing our contractual obligations’ and ‘pursuing our legitimate interests’ (i.e., to administer and protect our business). We store such data for the time period prescribed by law (for 6 years).

• Enquiries. When you contact us by email or through the contact form available on our website, we collect your first name, last name, email address, and any information that you decide to include in your message. We use such data to respond to your enquiries and provide you with the requested information. The legal bases on which we rely are ‘pursuing our legitimate interests’ (i.e., to grow and promote our business) and ‘your consent’ (for optional personal data). We will store this data until you stop communicating with us.

• Newsletters. If you subscribe to our newsletter or purchase the services from us, we will inform you about our special offers by email. The legal bases on which we rely are ‘your consent’ (if you opt-in) and ‘pursuing our legitimate business interests’ (i.e., to promote our business). You can opt-out from receiving our commercial communication at any time free of charge by clicking on the “unsubscribe” link included in our newsletters or by contacting us directly. We will store your contact details until you unsubscribe from our newsletters.

2.3 Sensitive data. We do not collect or have access to any special categories of personal data (“sensitive data”) from you, unless you decide, at your own discretion, to provide such data to us. Sensitive data refers to your health, religious and political beliefs, racial origins, membership of a professional or trade association, or sexual orientation.   

2.4 Refusal to provide personal data. If you refuse to provide us with your personal data when we ask for it, we may not be able to perform the requested operation and you may not be able to use the full functionality of the Services, receive the requested information, or get our response. Please contact us immediately if you think that any personal data that we collect is excessive or not necessary for the intended purpose. 

2.5 Your feedback. If you contact us, we may keep records of any questions, complaints, recommendations, or compliments made by you and the response. Where possible, we will de-identify your personal data (i.e., we will remove all personal data that is not necessary for keeping such records).

2.6 Aggregate and de-identified data. In case your non-personal data is combined with certain elements of your personal data in a way that allows us to identify you, we will handle such aggregate data as personal data. If your personal data is aggregated or de-identified in a way that it can no longer be associated with an identified or identifiable natural person, it will not be considered personal data and we may use it for any legitimate purpose.

2.7 Transactional notices. If we have your email address and it is necessary to do so, we may send you important informational messages, such as order confirmations, payment receipts, invoices, and other technical or administrative emails. Please note that such messages are sent on an “if-needed” basis and they do not fall within the scope of commercial communication that may require your prior consent. You cannot opt-out from service-related notices.

3. WHAT DATA DO WE PROCESS AS A DATA PROCESSOR?

In this section, we explain what personal data we process on behalf of our customers.

3.1 When you give us access to the Service Data, we process all information that can be found in the Service Data, including any personal data the Service Data contains. In our Data Processing Policy available at https://www.swifteq.com/data-zendesk-apps, you can find information on what data we have access to in each of the software applications that we offer.

3.2 We process the Service Data to (i) provide you with the requested Services and (ii) perform our other contractual obligations. The legal basis on which we rely is ‘performing a contract with you’. We maintain access to such personal data until you stop using the Services.

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4. COOKIES

In this section, we provide information about the cookies used by us.

4.1 When you browse our website or use our software applications, we collect your cookie-related data. We use such information to support log-in, analyse the technical aspects of your use of our website and applications, conduct our marketing campaigns, prevent fraud and abuse, and ensure security. The legal bases on which we rely are ‘pursuing our legitimate interests’ (i.e., to support and protect the Services) and ‘your consent’. We will store this data as long as analytics records are necessary for our activities or you withdraw your consent, unless some of the cookies expire earlier.

4.2 Cookie consent. When you visit our website, we will ask you to provide us with your consent to our use of all cookies via a cookie consent banner.[1]  If you do not provide your opt-in consent, we will not serve you our non-essential (statistics, marketing, and advertising) cookies. Please note that we may not be able to provide you with the best possible user experience on our website if not all cookies are enabled.

4.3 Disabling cookies. When we ask you to provide your consent to our use of non-essential cookies, you have the freedom not to provide such consent. If you would like to refuse our use of non-essential cookies later, you can do it at any time by declining cookies in your browser or device. For more information, you can consult the cookie management instructions of your browser:

• Apple Safari: https://support.apple.com/en-gb/guide/safari/manage-cookies-and-website-data-sfri11471/mac

• Google Chrome: https://support.google.com/chrome/answer/95647

• Firefox: https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences

• Opera: https://blogs.opera.com/news/2015/08/how-to-manage-cookies-in-opera/

• Microsoft Edge: https://support.microsoft.com/en-us/help/4468242/microsoft-edge-browsing-data-and-privacy-microsoft-privacy

4.4 List of our cookies. We use different types of cookies on our website and applications, including:

• Essential technical cookies that are strictly necessary to ensure the correct functioning of the Services;

• Marketing cookies that allow us to create, implement, and examine our marketing campaigns. Such cookies allow us to reach the right customers, analyse the productivity of our marketing campaigns, and offer you personalised advertisement; and

• Statistics cookies that allow us to generate statistical reports about how you use our website.

Below, you can find a list of cookies that we use on the website, including their purpose and expiration time: