Swelz Inc., for and on behalf of its subsidiaries (collectively, “Swelz”, “we”, or “us”) cares about privacy and wants you to be familiar with how we collect, use, process and disclose your personal information. This Privacy Policy covers our privacy practices in connection with your access to or use of our websites and applications (“Platform”), including when you communicate with us or other Swelz users via the Platform (collectively “Services”), or when you otherwise provide us with personal information.

Personal information we collect

We collect three categories of personal information - personal information you give us; personal information automatically collected from your use of the Services; and personal information from third party sources.

Personal information you give us

Account information. When you register for an account with us, we require certain personal information to open your account, such as your name, email address, and password.

Profile information. We may also ask you to provide additional profile information to use certain features of the Swelz Service which may include street addresses, phone numbers, driver’s license number, date of issuance and issuing country and/or state, profile photos, and date of birth. Certain parts of your profile (like your profile photos) are part of your public profile page and will be publicly visible to others.

Trip information. We collect information you provide in relation to a trip such as boat trailer listing details, vehicle identification number (VIN), availability dates, reviews and uploaded trip photos.

Payment information. We collect your financial information (like your digital payment details or bank account or payment card numbers) in connection with a potential or actual transaction, which may be processed and stored by one or more third party payment services providers or digital payments companies.

Authentication information. In some instances, we may ask you to provide us a photograph and/or other demographic information, such as a scanned copy of a driver’s license, passport, or credit/debit card, last four digits of your Social Security number, driver’s/motor vehicle record, insurance information, and other forms of identification. Where we request that you withhold certain information (such as obscuring or redacting all but the last four digits of your payment card number), please do so.

Communications with Swelz and Swelz users. When you communicate with Swelz, whether via phone, email or chat, or use the Services to communicate with other users, we collect information about your communication and any information you choose to provide.

Personal information we automatically collect when you use or access our Services.

Usage data. We collect information about your interactions with the Platform, such as the pages or other content you view, your searches, bookings you have made and other actions on the Platform.

Location information. When you use certain features of the Platform, we may collect information about your approximate location (e.g., city/town associated with your IP address) or when you opt in to use our location sharing feature, the precise location information of your mobile device. Keep in mind that most mobile devices allow you to control or disable the use of location services by any application on your mobile device in the device’s settings menu.

Log data. We automatically collect log information when you use the Platform, even if you have not created a Swelz account or logged in. That information includes, among other things: details about how you’ve used the Platform, IP address, length of stay, frequency of visits, hardware and software information, unique device identifiers, device event information (e.g., crashes, browser type) and the page you’ve viewed or engaged with before or after you’ve used the Platform.

Trip information. In addition to the trip information you provide to us (as described in the ‘Personal Information you give us’ section above), we also collect transactional information related to your trip on the Platform, including the date and time of your trip, amounts charged and other related trip details.

Information we collect from third party sources.

Third party services. If you choose to log in to our Services through a third party site or service (e.g., Apple, Facebook or Google), the third party service may send us information such as your registration and profile information from that service. The information we may receive varies by site and is controlled by that site. By associating an account managed by a third party with your Swelz account and authorizing Swelz to have access to this information, you agree that Swelz may collect, store, and use this information in accordance with this Privacy Policy. We are not responsible for how those third parties use and share your information. Please refer to those third parties’ privacy policies to understand how they use and share your personal information.

How we use your personal information

We use, store and process your personal information to provide and improve our Services and ensure a secure, safe and trusted experience. For example, we may use your information:

To provide our Services, including to:

• enable you to access and use the Swelz Services
• provide customer support
• send you service, support and administrative messages, reminders, technical notices, updates, security alerts, and information requested by you at any telephone number, by placing a voice call or through text (SMS) or email messaging
• facilitate your login to the Service via third-party identity and access management providers, such as Facebook
• enable the processing of transactions and send notices about your transactions
• personalize or customize your user experience
• enable you to communicate with other Swelz users, including by sending them messages or other information during the booking process
• if you provide us or our service providers any information relating to other people in connection with the Services, we may use and store this information to facilitate your referral invitations; send your requests for reviews, for fraud detection and prevention and for any purpose you authorize at the time of collection
• administer referral programs, surveys or other promotional activities or sponsored events in which you participate

To improve our Services: We may use the personal information you provide to analyze and improve the Service and to develop new products and services, including by studying our user demographics of the Service.

To send you marketing and promotional communications: We may send you Swelz-related marketing communications as permitted by law. You will have the ability to opt-out of our marketing and promotional communications as described in the ‘Opt out of marketing’ section below.

To ensure a secure, safe and trusted experience, including to:

• verify your identity or authenticate information provided by you, including during account creation and password reset processes
• esolve disputes, collect fees, and troubleshoot problems
• detect, prevent, and/or remediate fraud, abuse, security incidents or other potentially harmful, prohibited or illegal activities
• determine your likelihood of getting into an accident or of making an insurance claim, such by checking your auto insurance score
• detect, prevent or remediate violations of and enforce our Terms of Service and Policies
• manage and protect our information technology infrastructure
• conducting investigations and risk assessments

To comply with law: We use your personal information as we believe necessary or appropriate to comply with applicable laws, lawful requests, and legal processes, such as to respond to subpoenas or requests from government authorities.

With your consent: In some cases, we may specifically ask for your consent to process your personal information.

We may also use your personal information as described elsewhere in this Privacy Policy or as disclosed to you at the time of collection.

How we disclose your personal information

With your consent: You may direct us to share your information or consent to it as described at the time of sharing.

Profiles, listings and other public information

Your public listing page on our Platform will always include some basic information, such as your user ID/name associated with your account, your public profile photo, and for hosts, the city where your boat trailer is located, your listing description, your calendar availability, transaction related information to allow our community to evaluate your reliability and responsiveness, and reviews/feedback. Your public listing page may also include aggregate demand information (such as number of page views over a period of time) and information about your cancellations. Our Services may also display the approximate geographic pick-up location of your vehicle.

Our Services allow your public profile and public listing pages to be included in search engines, in which case your public profile and public listing pages may be indexed by search engines and may be published as search results.

Sharing between hosts and guests

Swelz enables boat trailer hosts to offer and share their boat trailers with other individuals. If you agree to a booking through the Services, we may provide your information to the other party in that transaction as reasonably necessary to facilitate the transaction. For example, Swelz may provide your mobile phone number and/or driver’s license information to facilitate communication or your photograph to facilitate identification. We will provide the address of the boat trailer and/or the proposed delivery location. We may also share user-uploaded “Trip Photos” with captions with the other party involved in the reservation if that feature is selected. Swelz users engaged in a booking with you may send you text messages (such as to confirm pickup or delivery location). Standard telephone minute and text and data charges may apply.

Service providers

We may share information with vendors and service providers who are engaged by, or working with, us in connection with the processing of payments, operation of our Services and customer support functions and who need access to such information to carry out their work for us (including, for example, web hosting, analytics, email delivery, marketing, insurance companies, claims administrators, and customer support services). In some cases, the service provider may be directly collecting the information from you on our behalf. These providers may use your personal information only as directed or authorized by us.

Third-party platforms and social media networks

If you have enabled features or functionality that connect the Service to a third-party platform or social media network (such as by logging in to the Service using your account with the third-party, providing your API key or similar access token for the Service to a third-party, or otherwise linking your account with the Service to a third-party’s services), we may disclose the personal information that you authorized us to share. We do not control the third party’s use of your personal information.

Professional advisors

We may disclose your personal information to professional advisors, such as lawyers, bankers, auditors and insurers, where necessary in the course of the professional services that they render to us.

Business transfers

We may sell, transfer or otherwise share some or all of our business or assets, including your personal information, in connection with a business transaction (or potential business transaction) such as a corporate divestiture, merger, consolidation, acquisition, reorganization or sale of assets, or in the event of bankruptcy or dissolution.

Responding to legal requests, preventing harm, and protecting our rights

As noted above, we may disclose your personal information to courts, law enforcement, governmental or tax authorities, or third parties. We will make such disclosure to the extent we are required or permitted to do so by applicable law or we consider such disclosure is reasonably necessary to comply with our legal obligations or legal process, to respond to claims asserted against us and for safety purposes described above. We may also disclose your information in response to valid legal requests relating to criminal investigations or alleged or suspected illegal activity or any other activity that may expose Swelz, you, or any other user to legal liability or to protect the rights, property, or personal safety of Swelz, our employees, our users, or members of the public.

We may also disclose your personal information as described elsewhere in this Privacy Policy or as disclosed to you at the time of collection.

Your preferences and choices

Communication preferences

You can control the methods by which we may contact you about your account, your booking and listing activities, promotions, and announcements in the Notifications section within your Swelz account.

Opting out of marketing communications

You may opt out of marketing-related emails by following the opt-out or unsubscribe instructions at the bottom of the email. You may continue to receive service-related and other non-marketing emails. If you receive marketing text messages from us, you may opt out of receiving further marketing text message from us by replying STOP to our marketing message or as described in the message.

Correct and update

You can review, correct, update, and edit certain information that has been previously provided to us by you at any time by logging in to your account and reviewing your account settings and profile. You can also access or request a correction of your information by contacting us at support@swelz.com. For your protection, we may need to verify your identity before implementing your request.

Account closure

If you wish to close your account and request deletion of your personal information, please send an email to support@swelz.com or contact us at support@swelz.com.

Please note that we may be unable to delete information needed to comply with applicable laws, detect or prevent fraud, collect any fees owed, resolve disputes, assist with or process claims, troubleshoot problems, assist with any investigation, comply with audits and investigation, to enforce our Terms of Service and Policies and take other actions reasonably necessary, permitted, or required by applicable law. There may also be residual information that will remain within our databases and other records, which will not be removed.

Access

If we are legally required to offer this option, you may request a copy of your personal information provided to us by visiting your profile page on the app. We will send you a copy of the personal information to the email address provided in your account as soon as reasonably practicable. We may request proof of identification or re-authentication to verify your access request.

Location data

Users of our mobile application can disable the application’s access to the device’s location within the device’s settings.

Choosing not to share your personal information

Where we are required by law to collect your personal information, or where we need your personal information in order to provide the Services to you, if you do not provide this information when requested (or we later delete it at your request), we may not be able to provide you with our Services. We will tell you what information you must provide to receive the Service by designating it as required at the time of collection or through other appropriate means.

Third-party platforms or social media networks

If you choose to connect to the Service via a third party platform or social media network, you may have the ability to limit the information that we may obtain from the third party at the time you login to the Service using the third party’s authentication service or otherwise connect your account. Subsequently, you may be able to control your settings through the third party’s platform or service. For example, you may access and change your settings through the Facebook settings page for Apps and Websites. If you withdraw our ability to access certain information from a third party platform or social media network, that choice will not apply to information that we have already received from that third party.

Security

We employ a number of technical, physical, and organizational measures designed to protect information against unauthorized access, destruction, or alteration while it is under our control. However, no method of transmission over the Internet, and no method of storing information, can be 100% secure. So, we cannot guarantee the security of your transmissions to us and of your information that we store.

Important information

This section describes some additional important privacy information related to your use of our Services.

Sensitive information

We ask that you not send us, and you not disclose, any sensitive information unless specifically requested (e.g., Social Security numbers, social insurance numbers, passports, information related to racial or ethnic origin, or health), on or through the Services or otherwise to us.

Children’s privacy

Our websites are general audience websites, and our Services are not intended for anyone under the age of 18. We do not knowingly collect information from users under the age of 18. If a child under the age of 18 has already provided us with information, his or her parent or guardian may contact us for the purpose of deleting this information or closing an account.

Third party privacy practices

This Privacy Policy addresses only the use and disclosure of information collected by Swelz. This Privacy Policy does not address, and we are not responsible for, the privacy, information, or other practices of any third parties, including any third party operating any site or service to which the Services link. The inclusion of a link on the Services does not imply endorsement of the linked site or service by us or by our affiliates. If you disclose your information to others, or if you are directed to a third party website, their privacy notices and practices will apply.

Signed in

If you sign in to our Platform using an email address and password, your session will expire after 30 days unless you log out but if you sign in through a social network login such as Facebook or Google, you will stay logged on/signed in until you explicitly sign out of your account or clear your Cookies. If you are using a public or shared computer you should sign out and/or clear your Cookies when you are done using our Platform in order to protect your account and your information. If you do not sign out, you or any other user of the computer/browser you signed in on will be able to view and access your account, including your social media accounts.

Changes to this privacy policy

We may change this Privacy Policy. Please take a look at the “Last revised” legend at the top of this page to see when this Privacy Policy was last revised. Any changes to this Privacy Policy will become effective when we post the revised Privacy Policy on the Services. Your use of the Services following these changes means that you accept the revised Privacy Policy. If you don’t agree to these changes, you can contact us to close your account and you will only be bound by the prior version of the Privacy Policy.

Contact

Swelz welcomes your questions and comments about privacy, and what we do. Please feel free to contact us at our address. You may also email us at support@swelz.com.

Information for California residents

This information applies only to California residents and describes how we collect, use and share their Personal Information in operating our business, and their rights with respect to that Personal Information.

Only as used in this section only and at the linked information below, “Personal Information” has the meaning given in the California Consumer Privacy Act of 2018 (CCPA) but does not include information excluded from the scope of the CCPA.

Categories of personal information we collect.

Throughout this Policy, we discuss in detail the specific pieces of personal information we collect from and about our users. Under the CCPA, we are also required to provide you with the "categories" of personal information we collect as defined by California law. The categories we collect depending on the types of services you use are:

• identifiers (such as name, address, email address);
• manage and protect our information technology infrastructure
• commercial information (such as transaction data);
• manage and protect our information technology infrastructure
• financial data (such as payment method details and billing address);
• manage and protect our information technology infrastructure
• internet or other network or device activity (such as browsing history or usage information);
• manage and protect our information technology infrastructure
• geolocation information (e.g., your approximate location based on IP address, or precise location with your consent);
• manage and protect our information technology infrastructure
• inference data about you (e.g., the additional services or advertising we think would be of most interest to you based on your interactions with us);
• manage and protect our information technology infrastructure
• physical characteristics or description (e.g., photos you choose to upload to your profile); and
• manage and protect our information technology infrastructure
• other information that identifies or can be reasonably associated with you (e.g., registration and log-in information).

Please note that specific pieces of your personal information may belong to more than one of the above referenced categories.

Your California privacy rights.

If the processing of your personal information is subject to the California Consumer Privacy Act (the “CCPA”), you have certain rights with respect to that information:

• Right to Know. You can request access to the personal information we collected about you in the last 12 months. You can also request information about the categories of personal information we collected, the sources of collection, the purposes for collection and sharing of this information, the categories of information we shared, and the categories of third parties with whom we shared this information. Note that we have provided much of this information above in this Privacy Statement.
• Right to Request Deletion. You can request that we delete personal information under certain circumstances, subject to a number of exceptions.
• Right to Opt-Out. You can opt-out from any sharing of your personal information with third parties to the extent that such sharing constitutes a “sale” of that data under the CCPA.
• Right to Non-Discrimination. You will not be discriminated against by Swelz for exercising rights set out in the CCPA.

In the next 12 months, we may disclose, for a business purpose, data from each of the categories of personal information we maintain to our business partners and vendors, as described in the categories above.

The CCPA defines the “sale” of personal information very broadly, and some of our use of third-party cookies and tracking technologies as described in this Privacy Statement may be considered a “sale” under that definition. Specifically, in the next 12 months, we may allow our advertising and analytics providers to collect IP addresses, cookie IDs, and mobile IDs through our sites and apps when you use our online services. We do not otherwise “sell” personal information.

We do not knowingly collect or sell personal information of minors under 18 years of age.

How to exercise your rights

You can request to exercise your information, access and deletion rights by emailing privacy@swelz.com.

We will need to confirm your identity and California residency to process your requests to exercise your information, access or deletion rights. We cannot process your request if you do not provide us with sufficient detail to allow us to understand and respond to it.

Thanks for using Swelz!