Definitions and legal references
- This Website (or this Application)
- The property that enables the provision of the Service.
- Owner (or We)
- Swell.Company – The natural person(s) or legal entity that provides this Website and/or the Service to Users.
- User (or You)
- The natural person or legal entity that uses this Website.
- The service provided by this Website as described in these Terms and on this Website.
- Personally Identifiable Information
- Refers to any information that identifies or can be used to identify, contact, or locate the person to whom such information pertains, including, but not limited to, name, address, phone number, fax number, email address, financial profiles, social security number, and credit card information. Personally Identifiable Information does not include information that is collected anonymously (that is, without identification of the individual user) or demographic information not connected to an identified individual.
- A cookie is a string of information that a website stores on a visitor’s computer, and that the visitor’s browser provides to the website each time the visitor returns.
- Data Controller, for the purposes of the GDPR (General Data Protection Regulation), refers to the Company as the legal person which alone or jointly with others determines the purposes and means of the processing of Personal Data.
- This Application collects some Personal Data from its Users.
- Owner and Data Controller
- Owner contact email:
What Personally Identifiable Information is collected?We may collect basic user profile information from all of our Users. We collect the following additional information from our Users: the name, email address, phone number, address, social media profile information, the nature and size of the business, the nature and size of the advertising inventory, that the User intends to purchase or sell. For the purposes of GDPR, Personal Data means any information relating to You such as a name, an identification number, location data, online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity.
Retention timePersonal Data shall be processed and stored for as long as required by the purpose they have been collected for. Therefore: Personal Data collected for purposes related to the performance of a contract between the Owner and the User shall be retained until such contract has been fully performed. Personal Data collected for the purposes of the Owner’s legitimate interests shall be retained as long as needed to fulfill such purposes. Users may find specific information regarding the legitimate interests pursued by the Owner within the relevant sections of this document or by contacting the Owner. The Owner may be allowed to retain Personal Data for a longer period whenever the User has given consent to such processing, as long as such consent is not withdrawn. Furthermore, the Owner may be obliged to retain Personal Data for a longer period whenever required to do so for the performance of a legal obligation or upon order of an authority. Once the retention period expires, Personal Data shall be deleted. Therefore, the right of access, the right to erasure, the right to rectification and the right to data portability cannot be enforced after expiration of the retention period.
What organizations are collecting the information?In addition to our direct collection of information, our third party service vendors (such as credit card companies, clearinghouses and banks) who may provide such services as credit, insurance, and escrow services may collect this information from our Users. We do not control how these third parties use such information, but we do ask them to disclose how they use personal information provided to them from Users. Some of these third parties may be intermediaries that act solely as links in the distribution chain, and do not store, retain, or use the information given to them. The detailed information on processing of Personally Identifiable Information is shown below:
AnalyticsThe services contained in this section enable the Owner to monitor and analyze web traffic and can be used to keep track of User behavior.
How does the Website use Personally Identifiable Information?We use Personally Identifiable Information to customize the Website, to make appropriate service offerings, and to fulfill buying and selling requests on the Website. We may email Users about research or purchase and selling opportunities on the Website or information related to the subject matter of the Website. We may also use Personally Identifiable Information to contact Users in response to specific inquiries, or to provide requested information. We may also use your personal information for other reasons such as for commercial purposes (as indicated within the section “Detailed information on the processing of Personal Data” within this document), as well as for complying with the law and defending our rights before the competent authorities where our rights and interests are threatened or we suffer an actual damage.We will not use your personal information for different, unrelated, or incompatible purposes without notifying you.
With whom may the information may be shared?We may share Personally Identifiable Information and/or aggregated information about our Users, including the demographics of our Users, with our affiliated agencies and third party vendors. We also offer the opportunity to “opt out” of receiving information or being contacted by us or by any agency acting on our behalf.
How is Personally Identifiable Information stored?Personally Identifiable Information collected by Swell.Company is securely stored and is not accessible to third parties or employees of Swell.Company except for use as indicated above.
What options are available to Users regarding collection, use and distribution of the information?Users may opt out of receiving unsolicited information from or being contacted by us and/or our vendors and affiliated agencies by responding to emails as instructed, or by either :
- Emailing us at email@example.com
How does Swell.Company use login information?Swell.Company uses login information, including, but not limited to, IP addresses, ISPs, and browser types, to analyze trends, administer the Website, track a Users movement and use, and gather broad demographic information.
How does the Website keep Personally Identifiable Information secure?All of our employees are familiar with our security policy and practices. The Personally Identifiable Information of our Users is only accessible to a limited number of qualified employees who are given a password in order to gain access to the information. We audit our security systems and processes on a regular basis. Sensitive information, such as credit card numbers or social security numbers, is protected by encryption protocols, in place to protect information sent over the Internet. While we take commercially reasonable measures to maintain a secure site, electronic communications and databases are subject to errors, tampering, and break-ins, and we cannot guarantee or warrant that such events will not take place and we will not be liable to Users for any such occurrences.
- Request access to Your Personal Data.The right to access, update or delete the information We have on You. Whenever made possible, you can access, update or request deletion of Your Personal Data directly within Your account settings section. If you are unable to perform these actions yourself, please contact Us to assist You. This also enables You to receive a copy of the Personal Data We hold about You.
- Request correction of the Personal Data that We hold about You.You have the right to have any incomplete or inaccurate information We hold about You corrected.
- Object to processing of Your Personal Data.This right exists where We are relying on a legitimate interest as the legal basis for Our processing and there is something about Your particular situation, which makes You want to object to our processing of Your Personal Data on this ground. You also have the right to object where We are processing Your Personal Data for direct marketing purposes.
- Request erasure of Your Personal Data.You have the right to ask Us to delete or remove Personal Data when there is no good reason for Us to continue processing it.
- Request the transfer of Your Personal Data.We will provide to You, or to a third-party You have chosen, Your Personal Data in a structured, commonly used, machine-readable format. Please note that this right only applies to automated information which You initially provided consent for Us to use or where We used the information to perform a contract with You.
- Withdraw Your consent.You have the right to withdraw Your consent on using your Personal Data. If You withdraw Your consent, We may not be able to provide You with access to certain specific functionalities of the Service.
Exercising of Your GDPR Data Protection RightsYou may exercise Your rights of access, rectification, cancellation and opposition by contacting Us. Please note that we may ask You to verify Your identity before responding to such requests. If You make a request, We will try our best to respond to You as soon as possible. You have the right to complain to a Data Protection Authority about Our collection and use of Your Personal Data. For more information, if You are in the European Economic Area (EEA), please contact Your local data protection authority in the EEA.
How can Users correct any inaccuracies in Personally Identifiable Information?Users may contact us to update Personally Identifiable Information about them or to correct any inaccuracies by either:
- Emailing us at firstname.lastname@example.org
Can a User delete or deactivate Personally Identifiable Information collected by the Website?We provide Users with a mechanism to delete/deactivate Personally Identifiable Information from the Website’s database by contacting. However, because of backups and records of deletions, it may be impossible to delete a Users entry without retaining some residual information. An individual who requests to have Personally Identifiable Information deactivated will have this information functionally deleted, and we will not sell, transfer, or use Personally Identifiable Information relating to that individual in any way moving forward.
User rightsThese are summarized rights that you have under data protection law:
- The right to access
- The right to rectification
- The right to erasure
- The right to restrict processing
- The right to object to processing
- The right to data portability
- The right to complain to a supervisory authority
- The right to withdraw consent
Links to other websiteshttps://surforiginals.com contains links to other websites. Please note that when you click on one of these links, you are moving to another website. We encourage you to read the privacy statements of these linked sites as their privacy policies may differ from ours.
Last Updated: March 5, 2022