PRIVACY POLICY

Swell Studio, Inc. is interested in protecting your privacy and takes these matters very seriously. This Privacy Policy set forth the information that we may collect, use and disclose based on what you provide to us while using our website (the “Site”), any mobile application (the “App”), or our facilities (the “Services”). You agree to be bound by the terms of this policy.

INFORMATION WE MAY COLLECT

We collect personal information that you provide to us or is automatically sent to us on your behalf through “cookies” and other electronic means including your computer’s IP address, the address of the web page you were visiting when you accessed the Site, or the App, the name of the operating system installed on your computer, the name and version of the browser you are using and the date and time of your visit.

“Cookies” and other similar features may be used by us and by third parties to collect information to support the Site’s or App’s functionality, and to improve your experience. You may have the ability to set your browser to reject cookies, but it may affect or limit the use of the functionality of the Site or the App.

You may choose to provide certain personal information in order to better access or use the Site, the Services, or the App, such as for joining, purchasing merchandise, making appointments, or making payments. We may also collect personal information from other sources including:

  • Social media. If you use social media to access the Site, or the App, certain personal information from your social media account may be shared with us, including, your name, email address, photo, list of social media contacts, and any other information. The specific information transferred depends on your security settings and the privacy policy of your social media network.

  • Joint marketing partners, when they share information with us.

  • Publicly available databases, including credit reporting agencies.

Collected information may include:

  • Identifying information including name, user names, user IDs, passwords, phone numbers, e-mail addresses, mailing address, photographs, contact information, and billing information (such as credit card, banking information, or other forms of payment).

  • Classification characteristics such as age and gender.

  • Information regarding products and services purchased from us and third-party partners.

  • Physical characteristics.

  • Services usage information.

You can choose not to provide certain information, but it may limit your ability to use a particular service or feature on the Site, the App, or the Services.

USE OF YOUR PERSONAL INFORMATION

You are authorizing us to collect, use and disclose personal information in the manner outlined in this policy.

We may use your personal information for legitimate business purposes, including:

  • To help us improve the Site or the App, to make them more compatible with the technology used by our visitors.

  • To link this information with your personal information as we deem necessary for our business purposes.

  • If criminal activity is suspected, we might need to share certain information with the appropriate investigative authorities. Such information may contain visitors’ IP addresses and other information which could be used to trace and identify individuals.

  • We may also use your information to find and prevent fraud, initiate calls, and to send you text messages, e-mails, push notifications, and tailored advertising for products or services.

  • To provide you with our Services, such as providing you access to your membership account and sending you information relating to our terms and policies.

  • To respond to any customer service inquiries or requests.

  • To promote corporate relationships in connection with the Services.

  • We may share your data with our partners so that they may provide you with tailored products or service offerings.

  • Any other business purpose for which you provide consent.

You may stop receiving marketing communications from us at any time by:

Clicking Unsubscribe in any e-mail from us

Emailing us at info@swellstudiovb.com

HOW WE SHARE PERSONAL INFORMATION

We will only disclose, sell, or otherwise transfer personally identifiable information for purposes set out herein, or as required or permitted by law. However, we may disclose, sell, or transfer information that does not contain any personally identifiable information, such as aggregated Services usage data, for any legitimate business or marketing purpose.

We may share your personal information:

  • Third-Party Service Providers.

We may disclose your personal information to third-party service providers who provide services to or on our behalf.

  • Affiliated Companies.

We may share personal information with parent companies, subsidiaries, affiliates, franchises, or other persons or companies in connection with the sale, merger, reorganization, or similar business transactions of any of the foregoing.

  • As Required by Law.

We may disclose your personal information to law enforcement authorities or other third-parties when we are required or authorized by law to do so (for example, in response to a subpoena issued by a court).

  • Corporate Partners

We may share your information with third parties in connection with promoting and administering special offers or programs.

ACCESS TO YOUR PERSONAL INFORMATION

You have a right to challenge the accuracy and completeness of your personal information and to have it corrected, as appropriate. You may also have a right to request access to your personal information and receive an accounting of how that information has been used and disclosed, subject to certain exceptions prescribed by law. If your request for access is denied, we will notify you in writing of the reason for such denial. To request access or to amend your personal information, please contact the studio.

PROCESSING AND STORAGE

Your personal information may be processed and stored in the United States or another country. The governments, courts, law enforcement and regulatory agencies of that country in which your information is processed or stored may be able to demand disclosure of personal information pursuant to the laws of such country.

SECURITY

We store your personal information securely. Unfortunately, no information sent electronically can be guaranteed to be 100% secure. Therefore, we cannot ensure or warrant the security of any information you transmit to us and you do so at your own risk.

OTHER THIRD PARTIES

We may provide links to other websites that are not affiliated with Swell Studios. We do not have control over those sites or their use and handling of your personal information and we are not liable for their usage or handling of such information.

USE OF THE SITE, APP, OR SERVICES BY MINORS

This Site and the App are intended for use by individuals that are at least 18 years old. If you are less than 18 years old, you may not use the Site, the App, or the Services without the prior permission and supervision of your legal guardian.

INTERNATIONAL VISITORS.

The Site and the App are hosted in the United States and intended for visitors located in the United States. If you use the Site or the App from outside the United States, then please note that you are transferring your personal information outside of those regions to the United States for storage and processing.

CALIFORNIA RESIDENTS.

If you are a California resident, the California Consumer Privacy Act (“CCPA”) grants you certain rights and options regarding your personal information:

·      You have the right to request we disclose information to you about our collection and use of your personal information over the past 12 months. Once verified, we will disclose to you:

  • The categories and specific pieces of personal information we collected about you.

  • The categories of sources for the personal information we collected about you.

  • Our business purpose for collecting or selling that personal information.

  • The categories of third parties with whom we share that personal information.

  • Whether we sold or disclosed your personal information for a business purpose, in two separate lists for sales, identifying the category of personal information that each type of recipient bought; and for a business purpose, identifying the category of personal information that each type of recipient received.

Right to Deletion

You have the right to request that we delete any of your personal information that we collected and retained, with certain exceptions. Unless excepted, when we verify a request from you or your authorized agent to delete your personal information, we will delete (and direct our service providers to delete) it from our, and their records. If an exception applies, we will inform you of it.

Right to Opt-Out of the Sale of Personal Information

You have the right to opt-out of the sale of your personal information to third parties.

To exercise that right, you must submit to us a verifiable consumer request.  You must provide sufficient information to allow us to reasonably verify you are the person about whom we collected personal information, or such persons authorized representative.

You must describe your request in sufficient detail to allow us to properly interpret and process it.

We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

We will not discriminate against you for exercising any of your CCPA rights, unless permitted under the CCPA.

PRIVACY RIGHTS FOR NEVADA RESIDENTS.

If you are a Nevada resident, you have the right to opt-out of the sale of “covered information”. To submit a verified opt-out request, contact the studio.

PRIVACY RIGHTS FOR EU RESIDENTS AND INDIVIDUALS LOCATED IN THE EU.

If you are a resident of the European Union or provide personal information through the Site or the App while located in the European Union, you may choose to be provided with a copy of your personal data we hold; to request the correction or deletion of your personal data we hold; to request that we discontinue processing your data; to request that we restrict the processing of your personal data; or to request that your data be transferred to you or a third party.

You may object to receiving further marketing at any time without detriment. We will inform you prior to collecting or using your personal information for any purpose not set forth in this Privacy Policy or as previously consented to.

Please contact us at info@swellstudiovb.com to update your preferences and consents.

TERMS OF USE

Your use of the Site, the App, or the Services are subject to our Terms of Use, located on the Site.

CHANGES TO THIS POLICY

We may update or modify this policy at any time, and from time to time, without prior notice in response to a change in company policy or a change in the law.  We will post a revised version of the policy on the Site. We suggest that you view this Privacy Policy each time you visit to keep informed of any changes.