Swimm Privacy Policy

This Privacy Policy describes how S. T. Swimm Tech Ltd. (“Swimm” or “us”, “our”, “we”) respects, collects, uses, discloses, and protects the Personal Data of our customers, potential customers and visitors (“you” or “your”), the rights and choices you may have with respect to your Personal Data, and how you can reach us to get answers to your questions. 

Please read this Policy carefully to understand our policies and practices in relation to the collection, processing and storage of your Personal Data.  By accessing or using our Services (defined below), you understand that we will process your Personal Data as described in this Policy.  If you do not agree with or you are not comfortable with any aspect of this Privacy Policy, you should immediately discontinue access or use of our Services.

We may modify this Privacy Policy from time to time which will be indicated by changing the date at the top of this page. If we make any material changes, we will notify you as required by law.  We may provide “just-in-time” disclosures or additional information about our data collection, use and sharing practices of specific services. These notices may supplement or clarify our privacy practices or may provide you with additional choices about how we process your Personal Data.

1. SCOPE – WHAT THIS PRIVACY POLICY COVERS

Swimm is committed to protecting the Personal Data of individuals who interact with us.  This Policy applies to the Personal Data we collect and use for our own purposes (i.e., as a “data controller”), during any written, electronic or oral communication or collected online or offline when:  

• You use, access, communicate with or otherwise interact with our website located at www.swimm.io , and all corresponding webpages, software applications, or mobile applications that link to this Privacy Policy (collectively, the “Website”); 
• You provide us with Personal Data in registering to use Swimm’s solution that assists in onboarding and training software developers codebase knowledge sharing (the “Solution”) (together with the Website, collectively, the “Services”);  and
• You visit our branded social media pages, visit our offices, receive communication from us, register or attend our events, programs or webinars, or ask questions about our Services.  

Our Services may include links to websites and/or applications operated and maintained by third parties. Please note that we have no control over the privacy practices of websites or applications that we do not own. We encourage you to review the privacy practices of those third parties.

In providing our Solution, we may process certain Personal Data on behalf of our Customers as a “data processor”. In such cases, our Customers act as data controllers.  Such Customers are solely responsible for establishing privacy policies for and ensuring compliance with applicable laws and regulations, agreements or other obligations, relating to the processing of Personal Data of individuals who use the Customer’s instance of our Solution. If you are an individual who uses a Customer’s instance of our Solution, then except as otherwise noted in this Privacy Policy, the processing of your Personal Data will be subject to the Customer’s privacy practices, and you should contact that Customer for assistance with any requests or questions relating to the processing of your Personal Data.

2. PERSONAL DATA WE COLLECT 

Personal Data is typically data that identifies an individual or relates to an identifiable individual. This includes information you provide to us, information which is collected about you automatically, and information we obtain from third parties. The definition of Personal Data depends on the applicable law based on your physical location. Only the definition that applies to your physical location will apply to you under this Privacy Policy.

Information you provide to us.  

Customers. To become a Customer or subscribe to our email notifications, you must provide us with your first and last name, password and your work email address.  In order to provide our Solutions, we must collect information about your transactions with us in relation to the Solutions, including information relating to any purchases you make.  In addition to the information previously noted, we may also collect the following information for you to subscribe to our Solutions: employer, company size, hosting platform, credit card information, and name or alias for each of your individuals that will be using your account (“Authorized Users”) (collectively “Account Information”).  By voluntarily providing us with this information, you represent that you are the owner of such Personal Data or are otherwise authorized to provide it to us, specifically, if you as a Customer provide us information about Authorized Users, you represent that the user has not objected to such processing. 

We also collect information that you or your Authorized Users provide to us when you contact us for customer service, technical support, or for any other purposes related to our Services. 

Website Visitors.  When you visit our Website, we collect Personal Data that you provide us such as when you voluntarily post material, request further information about our Services, when you sign up for a Swimm event or webinar, or when you report a problem with our Website.  Note that on some forms, collection of certain information is required in order for us to respond to your inquiry. We may also collect Personal Data from you offline, such as when you attend one of our events, or during phone calls with sales representatives. The Personal Data we collect may include contact information (such as your name, address, telephone number or email address), professional information (such as your job title, department or job role), and contact preferences.

We also process the Personal Data in the records and copies of your correspondence (including email addresses) if you contact us. 

Job Applicants. When you apply for employment with Swimm you voluntarily provide us with employment- and background-related information as a part of the prospective job application process.

Information we collect from you automatically.  

As you navigate through and interact with our Website or Solution, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including: (a)  details of your visits to our Website, including traffic data, location data, logs, and other communication data and the resources that you access and use our Services; (b) information about your computer and internet connection, including your IP address, operating system, and browser type.

The information we collect automatically helps us to improve our Services and to deliver a better and more personalized service, including by enabling us to:(i) estimate our audience size and usage patterns; (ii) store information about your preferences, allowing us to customize our Services according to your individual interests; (iii) speed up your searches; and (iv) recognize you when you return to our Services.  For more information about the cookies and tracking technologies we may use please review the Cookie section below.

Information we collect from third parties.  From time to time, we may obtain information about you from our third party sources as required or permitted by applicable law. These sources may include:

• Joint Marketing Partners & Resellers: For example, unless prohibited by applicable law, joint marketing partners or resellers may share information about you with us so that we can better understand which of our Services may be of interest to you.
• Advertising Networks & Analytics Providers: We work with these providers to provide us with de-identified information about how you found our Website and how you interact with the Services. This information may be collected prior to account creation.
• Social Media Platforms:  If you interact with us on social media or use features, such as plugins, widgets, or other tools made available by social media platforms or networks in connection with our Website, we collect information that you share with us, or that the social media platforms share with us. For more information about the privacy practices of those social media platforms, please review the privacy policies and settings of the social media platforms and networks that you use.
• Other Sources:  We  may obtain information about you from other sources, such as data analytics providers, marketing or advertising service providers, fraud prevention service providers, vendors that provide services on our behalf, or publicly available sources. 

3. COOKIES AND OTHER TRACKING TECHNOLOGIES 

We, and third parties on our behalf, may use cookies, web beacons, and similar tracking technologies (collectively, “Tracking Technologies”) to collect Personal Data automatically as you interact with our Website, to help us customize your experience and better manage content on our Website, including to:

• Analyze our web traffic using an analytics package
• Identify whether you already visited our Website
• Store information about your preferences
• To recognize when you return to our Website

When you visit our Website or otherwise interact with our Services, we (or third-party data or ad networks we work with) may send one or more “cookies” to your computer or other devices. Cookies are alphanumeric identifiers stored on your computer through your web browser and are used by most websites to help personalize your web experience. Some cookies may facilitate additional site features for enhanced performance and functionality such as remembering preferences, allowing social interactions, analyzing usage for site optimization, providing custom content, allowing third parties to provide social sharing tools, and serving images or videos from third-party websites. Some features on the Website will not function if you do not allow cookies. The following types of cookies may be used on our Website:

1. Essential Cookies. These cookies are essential because they enable you to use our Website as you reasonably expect. For example, strictly necessary cookies allow you to access secure areas on our Website and provide necessary security functions. Without these cookies, some Site features cannot be provided. This category of cookies is essential for our Website to work and they cannot be disabled.
2. Marketing Cookies. These cookies may be set through our Website by our marketing partners. Personal information may be collected by these companies that enable them to serve up advertisements on other sites that are relevant to your interests.
3. Personalization Cookies. We use functional cookies to remember your choices so that we may tailor our Website to provide you with enhanced features and personalized content. While these cookies can be disabled, this may result in less functionality during your use of our Website.
4. Analytics Cookies. These cookies allow us to collect passive information about your use of our Website, for example, count page visits and traffic sources so we can measure and improve the performance of our Website and our marketing campaigns.

You have the right to decide whether to accept cookies. If you do not want us to deploy cookies in your browser, you may exercise your preference by modifying your web browser setting to either (1) refuse some or all cookies or (2) notify you and ask for your permission when a website tries to set a cookie. If you want to learn the correct way to modify your browser settings, please use the “Help,” “Tools” or “Edit” menu in your browser or review the instructions provided by the following browsers: Internet Explorer, Google Chrome, Mozilla Firefox, Safari Desktop, Safari Mobile; and Android browser. If you choose to disable cookies in your browser, you can still use our Website, although your ability to use some of the features may be affected. If you want to exercise your rights regarding personal information collected via cookies and similar tracking technologies, please see the Your Rights and Choices section below.

Analytics. We use Google Analytics, which uses cookies and other similar tracking technologies to collect and analyze information about your use of our Website and report on activities and trends. This service may also collect information regarding your use of other websites, apps and online resources. You consent to the processing of data by these analytics providers in the manner and for the purposes set out in this Privacy Notice. You can learn about Google’s practices by going to www.google.com/policies/privacy/partners/, and opt out of them by downloading the Google Analytics opt-out browser add-on, available at https://tools.google.com/dlpage/gaoptout.

Interest-Based Advertising. Many advertising companies that collect information for interest-based advertising are members of the Digital Advertising Alliance (DAA) or the Network Advertising Initiative (NAI), both of which maintain websites where people can opt out of interest-based advertising from their members. To opt out of website interest-based advertising provided by each organization’s respective participating companies, visit the DAA’s opt-out portal available at http://optout.aboutads.info/, or visit the NAI’s opt-out portal available at http://optout.networkadvertising.org/?c=1. If you reside in the United Kingdom, you may opt out of online behavioral advertising served by the European Interactive Digital Advertising Alliance’s participating member organizations by visiting youronlinechoices.eu/.

A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser, as described in the Your Choices and Rights section below.  However, if you select this setting, you may be unable to access certain parts of our Services. Unless you have adjusted your browser setting so that it will refuse cookies, or reside  our system will issue cookies when you direct your browser to our Website. 

Do Not Track.  Some Internet browsers – like Internet Explorer, Firefox, and Safari – include the ability to transmit “Do Not Track” or “DNT” signals. Since uniform standards for “DNT” signals have not been adopted, our online Properties do not currently process or respond to “DNT” signals. We take privacy seriously and will make efforts to continue to monitor developments around DNT browser technology and the implementation of a standard. 

4. ANONYMIZED AND AGGREGATED DATA

Anonymization is a data processing technique that modifies Personal Data so that it cannot be associated with a specific individual. Except for this section, none of the other provisions of this Privacy Policy applies to anonymized or aggregated customer data (i.e. information about our customers that we combine together so that it no longer identifies or references an individual customer).

We may use anonymized or aggregate information for any business purpose, including to better understand customer needs and behaviors, improve our Services, conduct business intelligence and marketing, and detect security threats. We may perform our own analytics on anonymized data or enable analytics provided by third parties.

5. HOW WE USE YOUR INFORMATION

Our primary purpose in collecting Personal Data is to provide you with a secure, smooth, efficient, and customized experience. In general, we use Personal Data to create, develop, operate, deliver, and improve our Services and be able to offer our services and products. We may also  use your Personal Data to:

1. Provide Our Services. We process your Personal Data to enter into a contract. provide our Services to you, to manage your account, and to communicate with you about your use of our Solution.
2. Respond to Requests. We may process your Personal Data when you contact us, such as with questions, concerns and feedback.  We share this information with third parties upon your request, or our service providers or partners to the extent necessary to provide you a response. without your Personal Data, we cannot respond to you or ensure your continued use and enjoyment of our Services.
3. Facilitate and Evaluate Use of the Services. We may use your Personal Data to provide you with the Services, to facilitate your use of the Solution, to improve quality, to evaluate page response rates and determine content.
4. Improve the Accuracy of Our Records. We may use the Personal Data we receive from you or third parties to better understand you and/or maintain and improve the accuracy of the records we hold about you.
5. Personalize Your Experience. We also may use cookies and similar tracking technology to personalize your experience. By personalizing our communications, we enable you to more easily use our Services because we keep track of your preferences (e.g. your language selection, your time zone, etc.). Without processing your Personal Data for such purposes, you may not be able to access or personalize part or all of our Services.
6. Ensure the Security of Our Services. We may process your Personal Data to help monitor, prevent and detect fraud, enhance security, and combat spam or other malware or security risks. combat spam, malware, malicious activities or security risks; improve and enforce our security measures; and to monitor the security of our Services.
7. Quality Control and Training.  We may use or access Personal Data for the purposes of quality control related to the Services and staff training.
8. Post Testimonials.  We may use Personal Data to post testimonials on our Website. Prior to posting a testimonial, we will obtain your consent to use your name and testimonial. You can request your testimonial be updated or deleted at any time by sending a request with your name, testimonial location and contact information.
9. Provide Marketing Communications: We may use information we obtain from you, your interactions with Swimm and our Services, and from third party sources to provide you with marketing and promotional communications, to deliver targeted and relevant advertising and marketing to you, to determine the effectiveness of our marketing and promotional campaigns, to better understand you and your preferences, and to position and promote our services and products. Our marketing will be conducted in accordance with your advertising / marketing preferences and as permitted by applicable law.
10. Communication About Events. Swimm and our partners may use your Personal Data communicate with you about our events or our partner events. After the event, Swimm may contact you about the event and related products and services, and may share information about your attendance with our conference sponsors and partners, where legally permitted to do so. If a partner or conference sponsor directly requests your Personal Data at their conference booths or presentations, your Personal Data will be handled in accordance with their privacy practices.

6. LEGAL BASES FOR PROCESSING YOUR DATA

For individuals who are located in the European Economic Area, Switzerland or the United Kingdom (collectively, “Europe Residents”) at the time of data collection, our legal bases for processing your information under the applicable data protection laws will depend on the Personal Data at issue, the specific context in the which the personal data is collected and the purposes for which it is used. We generally only process your data where we are legally required to; where processing is necessary to perform any contracts we entered with you or to take steps at your request prior to entering into a contract with you; where processing is in our legitimate interests to operate our business and not overridden by your data protection interests or fundamental rights and freedoms,; or where we have obtained your consent to do so. Below is a chart showing how Swimm uses your Personal Data, as described above in Section 4, with the corresponding legal basis for each processing activity. 

Section & Purpose of Processing	Legal Bases for Processing
5(f) Ensure the Security of Our Services5(d) Improve the Accuracy of Our Records	Based on our legal obligations.
5(a) Provide Our Services5(b) Respond to Request 5(c) Facilitate and Evaluate Use of the Services	Based on our contract with you or to take steps at your request prior to entering a contract.
5(e) Personalize Your Experience5(g) Quality Control and Training5 (j) Communicate About EventsResearch and Development of Our Services	Based on our legitimate interest to operate our business and not overridden by your data protection interests or fundamental rights and freedom.
5(h) Post Testimonials5(i) Provide Marketing Communications (when not based on legitimate interest under the applicable law)	Based on your consent

7. WHY WE SHARE YOUR PERSONAL DATA

We share your Personal Data as needed to fulfill the purposes described in this Policy and as permitted by applicable law. We may share your Personal Data in the following circumstances:

• When We Work with Service Providers. We may share your Personal Data with service providers that provide us with support services, such as secure website hosting, cloud storage, information technology maintenance, transaction monitoring, network infrastructure, payment processing, security, fraud detections, customer support and analytics.
• With Payment Processors. Upon your authorization, we may share your Personal Data with financial institutions that we partner with to process payments.
• With Our Professional Business Advisors. We may share your Personal Data with our professional advisors who provide banking, legal, compliance, and other consulting services in order to complete required legal audits of our operations, or otherwise comply with our legal obligations.
• Corporate Transactions. We may disclose Personal Data to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal data held by us is among the assets transferred. By engaging with us or using our Services, you understand and agree to our assignment or transfer of rights to your Personal Data.
• As Required by Law. We may disclose your information if we believe that the disclosure is required by law, if we believe that the disclosure is necessary to enforce our agreements or policies, in response to valid requests by public authorities (e.g., a court or a government agency), or if we believe that the disclosure will help us protect the rights, property, or safety of Swimm or our Customers.
• Referring websites. If you were referred to our Website from another site (for example, through a link), we may share some information about you with that referring website. We encourage you to review the privacy policies of any website that referred you here. Additionally, when you link to one of our partners from our Services, we provide that partner with a unique identifier so they know that you were referred from our Services. This unique identifier will not contain any of your Personal Information.
• With Your Consent. We may disclose your personal data for any purpose with your consent. For example, to other data controllers whose terms of service you consented to. 

8. RETENTION 

Will only retain your Personal Data for as long as necessary to fulfill the purposes for which we collected it, including for the purposes of satisfying any legal, accounting, or reporting obligations or to resolve disputes. While retention requirements vary by jurisdiction, information about our typical retention periods for different aspects of your Personal Data are described below.

• Contact Information such as your name, email address and telephone number for marketing purposes is retained on an ongoing basis until you unsubscribe. Thereafter we will add your details to our suppression list to ensure we do not inadvertently market to you.
• Recording of our telephone calls with you may be kept for a period of up to six years.
• Information collected via technical means such as cookies, webpage counters and other analytics tools is kept for a period of up to one year from expiry of the cookie.

9. DATA SECURITY

Swimm maintains appropriate organizational and technical measures designed to protect the security and confidentiality of any Personal Data we process. We have implemented appropriate technical and organizational measures designed to secure your information, or any data you, your employees, or agents provide to us pursuant to your role as an employee of another business from accidental loss and from unauthorized access, use, alteration, and disclosure. 

The safety and security of your information depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Services you are responsible for keeping this password confidential. We ask you not to share your password with anyone.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your Personal Data, we cannot guarantee the security of your Personal Data transmitted to our Services. Any transmission of Personal Data or Business Data is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Services. We are not responsible for the security measures for any third party. 

10. CHILDREN’S PERSONAL DATA

We do not knowingly request to collect Personal Data from any person under the age of 16. If a user submitting Personal Data is suspected of being younger than 16 years of age, we will require the user to close his or her account and will not allow the user to continue using our Services. We will also take steps to delete the information as soon as possible. Please notify us if you know of any individuals under the age of 16 using our Services so we can take action to prevent access to our Services.

11. YOUR CHOICES 

We strive to provide you with choices in relation to the Personal Data you provide to us. We have created mechanisms to provide you with the following control over your information:

Marketing Communications. You can opt-out of receiving marketing communications from us. Direct marketing includes any communications to you that are only based on advertising or promoting our products and services. We will only contact you by electronic means (email or SMS) based on our legitimate interests, as permitted by applicable law, or your consent. To the extent we can and do rely on legitimate interest under the applicable law, we will only send you information about our Services that are like those which were the subject of a previous sale or negotiations of a sale to you. We will contact you by electronic means for marketing purposes only if you have consented to such communication. You may raise such objections regarding initial or further processing for purposes of direct marketing, at any time and free of charge.  

If you do not wish to receive non-transaction/security-related communications from us, you may opt-out by clicking the “unsubscribe” link in the communication or contact us via email or where specified in the “Contact Us” section, below. Please note that “opt-out” and “unsubscribe” requests may not take effect immediately and may take a reasonable amount of time to receive, process and apply, during which time your Information shall remain subject to the prior privacy settings. Additionally, you should be aware that any Information provided to third parties prior to your election to opt-out or unsubscribe will not be retrieved or rescinded, unless required by applicable law.

12. PRIVACY CHOICES

Depending on applicable law where you reside, you may be able to assert certain rights related to your Personal Data identified below. If any of the rights listed below are not provided under law for your operating entity or jurisdiction, Swimm has absolute discretion in providing you with those rights.

You can exercise your rights by contacting us at info@swimm.io. We will consider your request based on your rights under the data protection law that applies to you. When we receive an individual rights request via email, we may take steps to verify your identity before complying with the request to protect your privacy and security.  We may ask you to identify which country you are located in when you use or access some of the Services, or we may rely on your IP address to identify which country you are located in to determine your rights under the applicable data protection law in your jurisdiction. 

Your rights to Personal Data are not absolute. Depending upon the applicable law, access to your rights under the applicable law may be denied: (a) when denial of access is required or authorized by law; (b) when granting access would have a negative impact on another’s privacy; (c) to protect our rights and properties; (d) where the request is frivolous or vexatious, or for other reasons.

• Right not to provide consent or to withdraw consent. We may seek to rely on your consent in order to process certain Personal Data. Where we do so, you have the right not to provide your consent or to withdraw your consent at any time. This does not affect the lawfulness of the processing based on consent before its withdrawal.
• Right of access and/or portability.  You may have the right to access the Personal Data that we hold about you and, in some limited circumstances, have that data provided to you so that you can provide or ‘port’ that data to another provider.
• Right of erasure.  In certain circumstances, you may have the right to the erasure of Personal Data that we hold about you (for example if it is no longer necessary for the purposes for which it was originally collected).
• Right to object to processing. You may have the right to request that we stop processing your Personal Data and/or to stop sending you marketing communications.
• Right to rectification.  You may have the right to require us to correct any inaccurate or incomplete Personal Data.
• Right to restrict processing. You may have the right to request that we restrict processing of your Personal Data in certain circumstances (for example, where you believe that the Personal Data we hold about you is not accurate or lawfully held).
• Automated individual decision-making, including profiling. You have the right not to be subject to a decision based solely on automated processing of your Personal Data, including profiling, which produces legal or similarly significant effects on you, save for the exceptions applicable under relevant data protection laws. We do not engage in this type of automated processing.
• Right to lodge a complaint to your local Data Protection Authority.  You may have the right to lodge a complaint with your national Data Protection Authority or equivalent regulatory body.

If for any reason you are unsatisfied with our response to your exercising any rights afforded to you by applicable law and as set forth in this Policy, you may contact us at info@swimm.io.  In such communication we ask that you specify the nature of your dissatisfaction and we will endeavor to respond to you promptly. 

13. INTERNATIONAL TRANSFERS OF INFORMATION

We will protect your Personal Data in accordance with this Privacy  Policy wherever it is processed and will take appropriate contractual or other steps to protect the relevant Personal Data in accordance with applicable laws.  Personal Data, including Personal Data collected in the European Economic Area (“EEA”), the United Kingdom or Switzerland (collectively “European Data”), may be transferred, stored and processed by us and our services providers, partners and affiliates in countries whose data protection laws may be different to the laws of your country. Some of these countries are not deemed by the European Commission to not provide an adequate level of data protection. We will use  European Commission–approved Standard Contractual Clauses and UK ICO approved International Data Transfer Addendums  where required for any transfers of European Data to our service providers located in countries that are not deemed to be adequate by the European Commission.  

14. CONTACT INFORMATION

To ask questions or if you have concerns about this Privacy Policy or how we process your personal  you may email us at info@swimm.io, or write us at  S.T. Swimm Tech Ltd. Daniel Frisch 3 St., Tel Aviv, Israel.