Last revised: September 2022
What personal information does SWE collect?
Personal information is data that can be used to identify you or that we can otherwise link to you ("Personal Information"). In particular, we collect certain Personal Information that you voluntarily provide to us, for example, when you communicate with us via email or other channels, when you subscribe or ask us to send you newsletters or other materials, when you sign up for an event, when you purchase our products or use one of our services. The personal information we collect includes, but is not limited to, your name, postal address, email address, telephone number, date of birth, credit card information, language preference and business affiliations.
How do we use your personal information?
We use your personal information to provide you with our products and services and to provide and improve our services, as well as for communication purposes, such as sending newsletters, invitations to events, promotions and to maintain our contact list.
You may also choose to receive text messages from us (for example, about promotional offers) by subscribing to this service on our website. These messages may use information collected automatically based on your actions while on our websites and may trigger messages (such as shopping cart abandonment messages). To provide this service, we collect and store information you provide to us, including your phone number or when you read a text message. You can opt out of receiving text messages at any time by sending a text message with the word "STOP" to our text messages.
Our basis for using your personal information
How do we share your personal information?
We may transfer your personal information to the following parties and for the purposes described:
SWE Global AG group companies, who may use it to:
- Provide joint content and services (customer support);
- Help detect, investigate, mitigate and prevent potentially fraudulent and illegal acts, breaches of our contract and data security breaches;
- To provide you with personalised advertising;
- Improve products, sites, applications, services, tools and marketing communications; and
- Send you marketing communications if you have consented to receive such communications or if permitted by law.
Service providers and associated financial institutions, such as those listed below:
- Providers that help us provide our services, such as payment processing, generating personalised advertising, preventing, detecting, mitigating and investigating potentially illegal acts, breaches of our contract, fraud or security breaches, collecting invoices and other business operations;
- Financial institutions that we partner with to offer you financial products, to provide joint content and services (such as registration, transactions and customer service). These financial institutions will use your personal information to send you marketing communications only if you have requested their services;
- Courier service providers (e.g. Swiss Post, DHL, UPS, USPS, FeDex, etc.) with whom we share delivery address, contact details and shipment tracking information in order to facilitate delivery of purchased items and other delivery-related communications; and
- Providers of websites, applications, services and tools with whom we cooperate to advertise our products on their websites or in their applications, services and tools. If we transfer personal information to third parties, we will do so only on the basis of an agreement that limits the supplier's use of such personal information to processing necessary to fulfil its contract with us, and that obligates the supplier to take security measures in relation to such data. Providers may not sell, lease or otherwise transfer to third parties the personal information contained therein.
Legal Proceedings, Judicial Proceedings and as Legally Authorised:
- To comply with our legal requirements, enforce our contract, respond to claims that an advertisement or other content violates the rights of others, or protect someone else's rights, property or safety;
- To law enforcement or government agencies, or authorised third parties, in response to a verified request or legal process. We will only disclose information that we deem relevant to the investigation or enquiry, such as name, city, state, postcode, phone number, email address, user ID history, IP address, fraud complaints, and bid and ad history;
- To third parties involved in a legal proceeding, if they send us a subpoena, court order or provide a similar legal basis, or if we believe in good faith that disclosure is necessary to prevent imminent physical harm or financial loss or to report suspected illegal activity; and
- If a transaction fails, is suspended or subsequently becomes invalid, we may also provide the other user with details of that transaction.
We may transmit your personal information to myPOS World Ltd (a company that provides financial services, for example, for online payment processing) and its group:
- To prevent, detect, mitigate and investigate potentially illegal acts, fraud or security breaches, and to assess and manage risk, including to alert you if we detect fraudulent activity on your SWE account;
- To provide customer support services, such as assisting you with your account or resolving disputes (e.g., billing or transaction disputes);
- To facilitate the processing of payment cards when you pay for our services with such cards and we use myPOS World Ltd to process the payment; and
- To facilitate delivery and services related to purchases you have made using myPOS World Ltd.
We may also transfer your personal information to provide information, as necessary, to prospective purchasers or merger partners of all or part of SWE or any of our group companies.
How long do we keep your personal information?
We store your Personal Information only for as long as necessary for the purposes described above. How long we retain Personal Information can vary significantly based on context of the services we provide and on our legal obligations. The following factors typically influence retention periods:
• How long is the Personal Information needed to provide our services? This includes such things as maintaining and improving the performance of our products, keeping our systems secure, and maintaining appropriate business and financial records. This is the general rule that establishes the baseline for most of our data retention periods.
• Is the Personal Information sensitive? If so, a shortened retention time is generally appropriate.
• Have you provided consent for a longer retention period? If so, we will retain data in accordance with your consent.
• Are we subject to a legal, contractual, or similar obligation to retain your Personal Information? Examples can include mandatory data retention laws in the applicable jurisdiction, government orders to preserve data relevant to an investigation, or Personal Information retained for the purposes of litigation.
After it is no longer necessary for us to retain your Personal Information, we will dispose of it in a secure manner according to our data retention and deletion policies.
You can sign up to receive our newsletter on the website by providing us with your email address. The newsletter keeps you informed about our products, surveys, offers and other promotional materials on a regular basis.
By registering for our newsletter, you consent to receive our newsletter on a regular basis and to our collecting and storing the following information: your e-mail address, as well as your language and country preferences used when registering. We use this information only for the purpose of sending you our newsletters.
If you wish to unsubscribe from our newsletter, you can do so at any time by clicking on the "unsubscribe" link at the bottom of any newsletter you receive. You can also contact our customer service via Contact Us. If you choose not to receive our newsletters, we may still send you service-related communications.
Newsletters contain so-called "web beacons", which are retrieved from an external server when the email is opened. This will collect technical information, such as details about your browser and operating system, as well as your IP address and the time of retrieval. In addition, based on your email address, we can track whether you opened a newsletter and when and which links were clicked. Analysing this information helps us to identify the reading habits of our users and to tailor our content in a personalised way or send different content based on the interests of our users.
Third party social media platforms
We are also present on various social media platforms such as Facebook, Instagram or Twitter. On these social media pages, we publish and share various content relating to our latest products, product recommendations or other marketing material ("SWE social media pages").
You can always choose to communicate or interact with us directly through our social media pages. In this case, we collect all information that you provide directly to us, for example, when you post or like something on our social media pages or when you send us a direct message. In addition, we may access all information publicly available on your profile.
How do we protect your Personal Information?
We restrict the use of and access to your Personal Information to those who have an absolute need for that information to provide you with our services or to access our website or to communicate with you. We maintain appropriate technical, physical and organisational measures to help protect your Personal Information against unauthorised access, disclosure, modification, loss or destruction in accordance with applicable data protection and security laws.
When transferring Personal Information to countries that do not provide an adequate level of data protection, we use appropriate measures (such as standard contractual clauses approved by the European Commission, which can be read here) to ensure a sufficient level of protection for your Personal Information. As with all online media, the storage and transmission of electronic information is, unfortunately, not always completely secure. Although we strive to protect your Personal Information, we cannot guarantee the security of information stored on our servers or those of our suppliers or transmitted by e-mail or through our website; you transmit Personal Information to us at your own risk.
Your opinions and rights
We welcome your queries and comments. You have the right to know what Personal Information we process about you and you may request a copy. You also have the right to have inaccurate or incomplete Personal Information corrected or completed and you may ask us to delete your Personal Information. You may also object to the processing of certain Personal Information and request that we restrict the processing of your Personal Information. Please note that limiting or deleting your Personal Information may result in us being unable to provide the services and information described above. You also have the right to receive your Personal Information in a machine-readable format and to have the information transferred to another party responsible for data processing.
You also have the right to contact the data protection supervisory authority in your country of residence.
Third party privacy practices
We cannot guarantee the privacy or security of your Personal Information once you provide it to a third party and recommend that you evaluate the privacy and security policies of their business partner before you enter into a transaction and choose to share your Personal Information. This is true even when the third parties to whom you disclose Personal Information are bidders, buyers or sellers on our site.
Cookies are small text files that are downloaded to your device when you visit our website or open our marketing emails. A cookie will usually contain the name of the website it came from, its cookie "lifetime" (i.e. how long it will remain on your device) and a value, which is usually a randomly generated unique number. Cookies (including third party cookies, such as tracking technologies provided by Google Analytics) are used specifically to ensure and improve the functionality of the website or for general marketing purposes by providing information about the interaction of unique browser and device pairs with the website (such as number of sessions, pages viewed, clicks and e-commerce interactions and time spent), statistical information about interaction with the website (including referrals to the website, popularity of certain content, access to user categories, markets, regions, languages, demographics, browser and device types and similar information), or statistical information about interaction with our marketing emails (for example, whether they have been opened or forwarded or whether links have been clicked). Cookies are also used to provide you with advertising tailored to your specific interests on third party websites or applications.
Third party service providers such as Google, Rockerbox, Wunderkind, Dynamic Yield may track your use of our website, combine this information with information from other websites you have visited (which they also track) and use such combined information for their own purposes. If you have registered with the respective service providers, they may be able to identify you. In such cases, the processing of your Personal Information will be governed by their privacy policies.
Additional information for individuals whose personal data is subject to the GDPR or the UK GDPR
For the purposes of applicable data privacy legislation, SWE is a "controller" of personal data of EEA/UK residents. We transfer, use, store or process your personal data outside the EEA/UK, primarily in the US, and the laws of the US and other destination countries may not provide the same standard of protection for personal data as the EEA/UK countries. Personal data of EEA/UK residents may also be processed by staff operating outside the EEA or the UK who work for us or for one of our suppliers (for example, those who provide support services to us).
We do not expect to process "sensitive" or "special" categories of personal data under the GDPR or the UK GDPR. Special" or "sensitive" categories of personal data include, among other things, data relating to your health, revealing your racial or ethnic origin, political opinions, religious or philosophical beliefs or in respect of your sexual orientation. However, if we were to process such personal data, we would do so only where we have sought your explicit consent, or where necessary for the establishment, exercise or defence of legal claims, or as otherwise permitted by applicable law.
In certain circumstances, by law, you have the right to:
- Request access to your personal data (commonly known as a "subject data access request"). This allows you to receive a copy of the personal data we hold about you and to check that we are processing it lawfully;
- Request correction of personal data we hold about you. This allows you to correct any incomplete or inaccurate personal data we hold about you;
- Object to the processing of your personal data where we are relying on a legitimate interest (or that of a third party) and there is something about your particular situation which makes you want to object to the processing on that ground. You may also have the right to object where we are processing your personal data for direct marketing purposes;
- Request erasure of your personal data. This allows you to ask us to delete your personal data where there is no good reason for us to continue to process it. You also have the right to ask us to delete your personal data where you have exercised your right to object to the processing (see above);
- Request the restriction of processing of your personal data. This allows you to ask us to stop processing your personal data, for example, if you want us to determine its accuracy or the reason for the processing; or
- Request the transfer of your personal data to another party in a structured, commonly used and machine-readable format.
We will respond to your request within one month of receiving it. In some cases, we may not be able to comply with your request to exercise the right you claim by that date and may need more time. Where we are unable to provide you with a full response for any reason, we will inform you of this in our initial response to your request.
It is important that the personal data we hold about you is accurate and up to date. Please keep us informed if your personal data changes during your business relationship with us.
You will not have to pay a fee to access your personal data (or to exercise any of the other rights mentioned above). In some cases, we may charge a reasonable fee if your request for access is clearly unfounded or excessive, or if you request multiple copies of the information. Or we may refuse to comply with the request in such circumstances.
To access your personal data (or to exercise any of the other rights listed above), we may need to ask you for specific information to help us confirm your identity and secure your right to access personal data (or to exercise any of your other rights listed above). This is another appropriate security measure designed to ensure that personal data is not disclosed to anyone who is not entitled to receive it.
Direct Communication: Privacy Notice for U.S. Customers
For customers residing in the USA:
As part of our commitment to your privacy, SWE supports and complies with the guidelines and practices adopted by the Direct Marketing Association's Privacy Promise to American Consumers. We have agreed to (1) provide customers with notice of their ability to opt out of receiving rental, sales or exchange information from other marketers; (2) honor customers' requests not to share their contact information with other marketers; and (3) honor customers' requests not to receive mailings, phone calls or other solicitations from SWE.
Additional information for persons whose personal data are subject to the CCPA
Residents of the State of California have certain rights with respect to their personal information under the California Consumer Privacy Act of 2018 ("CCPA"), as further described in this section. For purposes of this section, "Personal Information" has the meaning given to that term in the CCPA. Please note that rights under the CCPA do not apply to (i) SWE personnel or job applicants seeking opportunities at SWE or (ii) personnel working on behalf of business partners with whom we are doing business.
In certain circumstances, under the CCPA, you have the right to:
- Request that we disclose, free of charge, the categories and specific personal information we collect about you (and, if applicable, sell or otherwise disclose to a third party and the categories of such third parties), the sources from which such information was collected and the business purpose for collecting, selling or disclosing it;
- Opt out of the sale of your Personal Information;
- Request that we delete Personal Information we have collected about you.
For purposes of the CCPA, "selling" information refers to those situations where we have shared Personal Information with partners in exchange for valuable consideration. We may share your Personal Information with third-party data cooperatives that assist us with direct mailings to customers and potential customers and, in exchange for this data, those cooperative databases provide us with similar data from other consumers, which we use for marketing, advertising and audience measurement purposes. In the context of the CCPA, this is considered a "sale". To opt out of these "sales" you will need to contact us via our contact form.
We will not discriminate against any California resident who exercises the rights detailed in this section.
These rights are not absolute and each is subject to certain exceptions or qualifications. For example, if you are currently an investor in one of our funds and you request that we delete Personal Information we have collected about you, the CCPA permits us to deny such a request and to retain your Personal Information to the extent necessary to administer the funds and our business relationship with you in connection with those funds.
By post: SWE Global AG, DPO, Gewerbestrasse 19, 6314 Unterägeri, Switzerland
By email: firstname.lastname@example.org