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Privacy Policy

LAST UPDATED: 1 November 2019

Your privacy is important to us, and so is being open and transparent about how we collect, manage and use information about you. 

This Privacy Policy applies to Swysh Pty Limited ACN 635 852 274, Swysh Tech Pty Limited ACN 635 852 694 and their affiliates and related companies, (together, “Swysh”, “we”, “us” or “our”), and covers the Personal Information we collect on our websites, mobile applications, via email, cloud-based services, or controlled widgets embedded in communication platforms with a link to this Privacy Policy (“Websites”) or Personal Information otherwise provided by you to Swysh during the course of our business.

In this Privacy Policy, “Personal Information” covers information about an identified individual or an individual who is reasonably identifiable. Personal Information may also include sensitive information about a specific person such as racial or ethnic origin. Personal Information does not include information that has been made anonymous, and cannot reasonably identify a specific person.

The Websites may contain links to third party websites or apps. These linked sites are not under our control and we are not responsible for content on these sites, nor are these sites subject to this Privacy Policy. We encourage you to review the privacy policies of third parties before using their applications or services to learn more about their privacy and information handling practices.

Swysh reserves the right to amend this Privacy Policy at any time. The updated version will be available on the Websites and can be accessed by following the ‘Privacy’ link. The revised version will be effective from the time we post it on the Websites. Please check back frequently to see any updates or changes to the Privacy Policy. Swysh may also highlight any material changes to the Privacy Policy that may impact you, where appropriate, by notifying you by email or otherwise.  

Information we collect

Swysh only collects information that is reasonably necessary for our business relationship with you. Swysh collects information in different ways:

When you set up an account or make a purchase – we may collect Personal Information such as your name, address, phone number, email address, social media information, payment information and other similar information when you set up an account or make a purchase. This may include sensitive information such as racial or ethnic origin or health information. By providing such information to us you consent to its collection and use in accordance with this Privacy Policy. We may also collect Personal Information belonging to the recipient of a video, including the name of the recipient. Swysh also collects instructions for a video, which may include Personal Information.

When you provide content to Websitesour Websites may allow you to submit content to us, such as a video, review, photo, bio, social media post or other communication, which may be considered sensitive information. Our Websites also allow celebrities (“Star” or “Stars”) to submit content and data. Any content submitted to our Websites is subject to the applicable terms of service, which gives Swysh the rights to use it. 

When you use our Websites - we receive and store certain types of information from you when you interact with our Websites to process transactions and help improve your overall online experience.  For example, like many other websites, we may store “cookies” and other web-based files on user devices to get certain types of information when your web browser, mobile phone, or other device accesses our Websites.  The information sent to us may include data on the pages you access, your computer IP address, device identifiers, the type of operating system you are using, your location, mobile network information, standard web log data and other information. Web log data includes the browser type you are using and traffic to and from our site. 

Third parties - we may obtain information about you from third parties who you have approved giving us information. This may include Personal Information relating to any third party account that you link to your Swysh account.

When you apply to Swysh - we may also collect your Personal Information if you enter a competition or promotion we run, or if you apply for employment (or commence working) with us. 

Other ways - we may also collect additional information from or about you in other ways, such as through contact with our customer support team, suppliers or service providers, your responses to a survey or as otherwise notified to you at the time.

If you do not provide us with the requested information, Swysh may not be able to provide you with access to or full use of our Websites and/or services. 

Using Personal Information

Swysh only collects, holds and handles information about you that is necessary for us to perform the services you request from us, that is otherwise reasonably necessary for our business activities or if required by law, court, or tribunal order.

We may use Personal Information we collect about you for a number of purposes including to:

  • provide (or assess whether to provide) Swysh products or services to you, such as the processing of orders and service notifications by email or SMS;
  • manage our business relationship with you, including profile creation, customer support, administrative matters and dispute resolution;
  • create personalised videos as instructed by you (note, unless you opt out, some Personal Information, including your name, the recipient’s name and the video itself may be publicly displayed on our Websites and may be shared, used or accessed by other people);
  • research for improvement of our products and services, understand your personal preferences and to understand your level of customer satisfaction;
  • improve our Websites and for other internal business purposes, such as record keeping and document retention;
  • investigate and prevent potentially prohibited or illegal activities;
  • enforce our agreement with you for the provision of our services;
  • market to you, including delivering targeted marketing, service update notices, and promotional offers;
  • consider you for employment or manage our employment relationship with you;
  • acquire goods or services from you or from your employer;
  • perform data analytics, including the use of Google Analytics a web analysis service of Google Inc. ('Google') which uses cookies to monitor traffic to, and use of, the Websites (see below at 'Cookies and Third Party Analytical Services');
  • use the information for other purposes to which you have consented; and
  • act as required or permitted by relevant laws and regulations.

You agree that we may use your Personal Information for the purposes for which we collect it and for related purposes which would be reasonably expected by you.   

Disclosing Personal Information with other parties

We may share your Personal Information with:

  • Our affiliates and related companies;
  • Our partners, advisors, suppliers and service providers who help with our business operations including in relation to fraud prevention, payment processing, marketing (including online ads), customer service, and technology services;
  • Our charity partners;
  • Stars, so that they can create personalised videos for you in accordance with your instructions;
  • Companies that we plan to merge with or be acquired by or who may invest in us;
  • Law enforcement, government agencies or officials, or other third parties pursuant to a subpoena, court order, or other legal process or requirement applicable to Swysh; or when we believe, in our sole discretion, that the disclosure of Personal Information is necessary to prevent physical harm, fraud or financial loss, to report suspected illegal activity or to investigate suspected violations of our agreements or otherwise exercise or defend our legal rights;
  • Third parties when we believe the disclosure is necessary to protect the rights, property of safety of another, including a Star;
  • Your nominated referees so that we may check your references if you are applying for a position with Swysh; and
  • Other third parties with your consent or direction to do so.

Please note that these third parties may be in other countries including but not limited to the US. where the laws on processing Personal Information may be less stringent than in your jurisdiction. When we disclose your Personal Information overseas, we will take all reasonable measures to ensure that your information is held, managed and accessed in accordance with appropriate standards for the handling of Personal Information.

We will only share your Personal Information with third parties as described in this Privacy Policy or as otherwise notified to you at the time of collection or with your consent.

Marketing 

Swysh may send marketing materials from time to time to those who have provided Swysh with Personal Information.

If you signed up to receive newsletters or other marketing communications from us, you can opt-out any time by clicking the unsubscribe link at the bottom of the message.  You may also contact us by email:

Email: info@heyswysh.com

Even after you opt-out or update your marketing preferences, please allow us sufficient time to process your marketing preferences.  Unless otherwise required to process your requests earlier by law, it may take up to 5 business days to process your opt out requests in relation to receipt of electronic marketing materials such as emails and SMS, and up to 30 days for all other marketing-related requests. 

Even after you opt-out of receiving marketing communications from us, we may still contact you for transactional or informational purposes.  These include, for example, customer service issues, inquires relating to videos, account maintenance or any questions regarding a specific order.

Controlling Our Tracking Tools 

Your browser may give you the ability to control cookies.  How you do so, however, depends on your browser and the type of cookie.  Certain browsers can be set to reject all browser cookies.  If you configure your computer to block all cookies, you may disrupt certain web page features, and limit the functionality we can provide when you visit or use our Websites.  If you block or delete cookies, not all of the tracking that we have described in this policy will stop.  If you continue without changing your settings, we will assume that you are happy to receive all cookies on this Site.  You can change your cookie settings at any time.  Some browsers have a “Do Not Track” feature that lets you tell websites that you do not want to have your online activities tracked.  These browser features are still not uniform, so we are not currently set up to respond to those signals.

Cookies and third party analytical services

We may use cookies and track IP addresses via our Websites so we can improve our services provided by our Websites and enhance your user experience.

When you access our Websites, we may place small data files on your computer or other device. These data files may be cookies, pixel tags, “Flash cookies,” or other local storage provided by your browser or associated applications (collectively “Cookies”). We use Cookies to ascertain which web pages are visited and how often, to make our Websites more user friendly, to give you a better experience when you return to a website and to target advertising to you that we think you may be interested in.

Most web browsers automatically accept Cookies. You can find information specific to your browser under the “help” menu. You are free to decline our Cookies if your browser or browser add-on permits, unless our Cookies are required to prevent fraud or ensure the security of websites we control. However, declining our Cookies may interfere with your use of our Websites.

Google and other third parties collect data about traffic to this site. Google Analytics uses Cookies to monitor traffic to, and use of, the Websites. Google uses this information on our behalf to evaluate your Websites usage, to compile reports on the Websites activities, and to provide additional services connected with the Websites. We will not identify you to Google, and will not merge personal and non-personal information collected through this service. You can prevent the use of Google Analytics Cookies by adjusting the settings on your browser software, however, you may not be able to fully use all of the functions of the Websites if you do so. If you would like to prevent Google’s collection of data generated by your use of the Websites (including your IP address), please download and install a Browser Plugin available at https://tools.google.com/dlpage/gaoptout?hl=en. Alternatively, you can find out how Google Analytics uses data when you use our Websites, at www.google.com/policies/privacy/partners.

Children

You confirm that you are either more than 18 years of age, or you are a parent or legal guardian who consents and is responsible for obtaining the necessary consents from your child for handling their personal information as set out in this Privacy Policy. You also agree that you will ensure your child's compliance with this Privacy Policy.

Parents or legal guardians who obtain an account on behalf of a child will be able to access and amend all that child's information. Children will not be able to delete or amend certain information or content in their account without such parent's or guardian's consent. How parents or guardians exercise their parental control is their decision and Swysh does not control or restrict parental decisions to amend or delete information or content.

Protecting Personal Information

Swysh takes commercially reasonable security efforts to keep your Personal Information secure and protect it from loss, misuse, unauthorised access, disclosure and alteration. 

We protect your Personal Information using physical, technical, and administrative security measures to reduce the risks of loss, misuse, unauthorised access, disclosure and alteration.    

We take reasonable steps to destroy or de-identify your Personal Information when we no longer need it (except as required by law to retain the information).

We also review our security procedures periodically to consider appropriate new technology and updated methods.  Only properly authorised people who have a need to access Personal Information to perform their job will be able to see or use that information. Even so, despite our reasonable efforts, no security measure is 100% secure.

Accessing and requesting correction of Personal Information

We will strive to ensure that information about you is accurate when we collect or use it. Subject to some exceptions under privacy laws in your jurisdiction, we invite you to access, correct or update any Personal Information we hold about you. We may charge a small fee to cover our costs of supplying the information. If we do not grant you access to your Personal Information or do not agree to correct your Personal Information, we will tell you why.

If you wish to obtain access to and/or correct your Personal Information held by Swysh, please contact us on:

Email: info@heyswysh.com

Mail: PO Box 902, Bondi Junction NSW 1355

Unless we do not agree to your request for access to Personal Information, in most cases Swysh will provide you with access as soon as reasonably possible following receipt of your request. If you request corrections to your Personal Information and Swysh agrees with your request, these changes will be made as soon as practicable. If Swysh does not agree to your request for correction, it will notify you of the reasons it does not agree and will note your request on the records it holds about you. If you are dissatisfied with our refusal to provide you with access to, or correct, your Personal Information you may also complain to the applicable regulator in your jurisdiction.

If you wish to delete certain information from our systems, please note that we may need to retain certain information for record-keeping purposes, to complete purchases, resolve disputes or to comply with our legal obligations.

Complaints and Contacting us

If you have any questions, comments or concerns about this Privacy Policy, or wish to make a complaint regarding Swysh’s management of your Personal Information, please contact us at info@heyswysh.com. We will use best efforts to respond to you as quickly as reasonably possible. If you are dissatisfied with our response, you may contact the applicable regulator in your jurisdiction.