Privacy Policy

1. Introduction

Welcome to Swivt!

As part of our mission to help make e-commerce logistics better for everyone, Soko Labs Pty Ltd (“Soko Labs”) collects and processes a lot of information. This Privacy Policy is intended to help you better understand how we collect, use and store your personal information - whether you are an end user that uses Soko Labs' products, applications or services (together, the “Services”), or whether you’re simply visiting this website. By using any of Soko Labs' Services, you are agreeing to the terms of this Privacy Policy and, as applicable, the Soko Labs Terms of Service.

We may update this Privacy Policy from time to time in order to reflect, for example, changes to our privacy practices or for other operational, legal, or regulatory reasons. If we make material changes to this Privacy Policy, we will give you notice of such changes by posting the revised policy on this Website, and where appropriate, by other means. By continuing to use this Website or the Support Service after these changes are posted, you agree to the revised policy.

2. Information from merchants

Privacy matters! If you are a merchant, your customers need to understand how you (and how Soko Labs) collects and processes their personal information as the data controller. Accordingly, if you use the Services, you agree to post an up-to-date and accurate privacy policy on your storefront that complies with the laws applicable to your business. You also agree to obtain consent from your customers for the use and access of their personal information by Swivt and other third parties. In addition, if you are collecting any sensitive personal information from your customers (including information relating to medical or health conditions, racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership or sexuality), you agree to obtain affirmative, express consent from your customers for the use and access of sensitive personal information by Soko Labs and other third parties.

What information do we collect from merchants and why?

We collect your name, company name, address, email address, phone number(s) and payment details (for example, your credit card information) directly from you. We use this information to provide you with our Services; for example, to confirm your identity, contact you, provide you with advertising and marketing, and invoice you. We also use this information to make sure that we comply with legal requirements.

We collect data about the Swivt websites that you visit from your device. We also collect data about how and when you access your account and the Swivt platform, including information about the device and browser you use, your network connection, your IP address, and information about how you browse through the Swivt interface. We use this information to give you access to and improve our Services; for example, to make our platform interface easier to use. We also use this information to personalise the Services for you. Finally, we may use this information to provide you with advertising or marketing.

We collect personal information about your customers that you share with us or that customers provide via third party integrations. We use this information to provide you with our Services and so that you can process and fulfil orders.

Where we need to verify your identity (for example, if there are concerns around identity theft, or if you call into support and we need to authenticate your account), we may request that you provide us with government-issued identification information.

We use some of the personal information you provide us to conduct some level of automated decision-making - for example, we use certain personal information to help us screen accounts for risk or fraud concerns.

We will also use personal information in other cases where you have given us your express permission.

When do we collect this information?

We collect personal information when you sign up for our Services, when you access our Services or otherwise provide us with the information.

We also partner with third parties who provide us information about merchants or prospective merchants, for example to help us screen out merchants associated with fraud.

When and why do we share this information with third parties?

Soko Labs works with a variety of third parties and service providers to help provide you with our Services and we may share personal information with them to support these efforts.

We may share your information to prevent, investigate, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of our Terms of Service or any other agreement related to the Services, or as otherwise required by law.

We may share your information to help us conduct marketing and/or advertising campaigns.

We may share your information to conform to legal requirements, or to respond to lawful court orders, subpoenas, warrants, or other requests by public authorities (including to meet national security or law enforcement requirements).

Personal information may also be shared with a company that acquires our business, whether through merger, acquisition, bankruptcy, dissolution, reorganisation, or other similar transaction or proceeding. If this happens, we will post a notice on our home page.

Soko Labs will always ask for your consent before sharing your personal information with third parties for purposes other than those described in this Section 2.

3. Information from Swivt website visitors and support users

What information do we collect and why?

As you visit or browse the Swivt websites, we collect information about the device and browser you use, your network connection, your IP address, and information about the cookies installed on your device. We also collect personal information submitted by you via any messaging feature available from any of our websites (“Messaging Feature”).

From telephone support users, we collect your phone number, call audio, and other personal information you provide us during our call. Pursuant to our Terms of Service, we may request additional documentation from you during our call to verify your identity.

From chat support users, we collect your name, email address, information about the device and browser you use, your network connection, your IP address, chat transcript, and other personal information you provide us during our chat. Pursuant to our Terms of Service, we may request additional documentation from you during our chat to verify your identity.

From forum users, we collect your name, email address, website URL, and other personal information you may post.

We use this information to verify your account, to provide and enhance our Services (including supporting or servicing your account, if applicable), and answer any questions you may have.

When do we collect this information?

We collect this information when you visit the Swivt websites, use Services offered on our websites or engage with us either by email, web form, instant message, phone, or post content on or through our websites (including forums, blogs and via any Messaging Feature). We also collect any additional information that you might provide to us.

4. Information from cookies and similar tracking technologies

What is a cookie? A cookie is a small amount of data, which may include a unique identifier. Cookies are sent to your browser from a website and stored on your device. We assign a different cookie to each device that accesses our website.

Why does Soko Labs use cookies and similar tracking technology?

We use cookies to recognise your device and provide you with a personalised experience on our websites, or otherwise through the Services. We also use cookies as part of the Services.

We use cookies to serve targeted ads from Google, Facebook and other third-party vendors. We also use cookies, and other information from your browser and/or device to provide you with personalised advertising, ad delivery, and reporting across multiple sessions and devices.

Our third-party advertising partners use cookies to track your prior visits to our websites and elsewhere on the Internet in order to serve you targeted ads.

We may also use web beacons, software development kits, and other automated tracking methods on our websites, in communications with you, and in our products and services, to measure performance and engagement.

Please note that because there is no consistent industry understanding of how to respond to “Do Not Track” signals, we do not alter our data collection and usage practices when we detect such a signal from your browser.

5. For how long do we retain your personal information?

In general, we keep your personal information throughout your relationship with us. For merchants, this means we will keep your information as long as you maintain an account on our platform. We purge personal information 90 days after receiving a merchant deletion request.

For our merchants’ customers, we generally process your information solely as a data processor on behalf of our merchants, and it is up to the merchant to determine how long they will store your information in our systems.

Soko Labs acts as a data processor on behalf of our merchants.

Once you terminate your relationship with us, we generally will continue to store archived copies of your personal information for legitimate business purposes such as to defend a contractual claim or for audit purposes and to comply with the law, except when we receive a valid erasure request, or, if you are a merchant, you terminate your account and your personal information is purged pursuant to our standard purge process.

We will continue to store anonymous or anonymised information, such as website visits, without identifiers, in order to improve our Services.

6. What we don’t do with your personal information

We do not and will never share, disclose, sell, rent, or otherwise provide personal information to other companies (other than to third party apps or service providers being used by merchants) for the marketing of their own products or services. We also do not and will not “sell” your customers’ information, as that term is used in California law.

If you are a merchant using Soko Labs' Services, we do not use the personal information we collect from you or your customers to independently contact or market to your customers.

We will not charge you more or provide you with a different level of service if you exercise your privacy rights.

7. How do we keep your personal information secure?

We follow industry standards on information security management to safeguard sensitive information, such as financial information, intellectual property, employee details and any other personal information entrusted to us. Our information security systems apply to people, processes and information technology systems on a risk management basis.

No method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, we cannot guarantee the absolute security of your personal information.

8. Residents of the European Economic Area (“EEA”)

Soko Labs works with merchants and users around the world, including in the EEA. If you are located in the EEA, your personal information is processed by Soko Labs Pty Ltd. As part of our service, we may transfer your personal information to other regions, including to Australia and the United States.

If you are located in the EEA, you have certain rights under European law with respect to your personal data, including the right to request access to, correct, amend, delete, port to another service provider, or object to certain uses of your personal data. If you are a merchant, a partner, a visitor of Soko Labs' websites, or a user of Soko Labs' support services and wish to exercise these rights, please reach out to us using the contact information below. If you are a customer of a merchant who uses Soko Labs' platform and wish to exercise these rights, please contact the merchants you interacted with directly - we serve as a processor on their behalf, and can only forward your request to them to allow them to respond.

If you are unhappy with the response that you receive from us we hope that you would contact us to resolve the issue but you also have the right to lodge a complaint with the relevant data protection authority in your jurisdiction at any time.

Additionally, if you are located in the EEA, we note that we are generally processing your information in order to fulfil contracts we might have with you, or otherwise to pursue our legitimate business interests listed above, unless we are required by law to obtain your consent for a particular processing operation. In particular we process your personal data to pursue the following legitimate interests, either for ourselves, our merchants, our partners, or other third parties (including our merchants’ customers):

- To provide merchants and others with our services and applications;
- To prevent risk and fraud on our platform;
- To provide communications, marketing, and advertising;
- To provide reporting and analytics;
- To provide troubleshooting, support services, or to answer questions;
- To test out features or additional services; and
- To improve our services, applications, and websites.

When we process personal information to pursue these legitimate interests, we do so where we believe the nature of the processing, the information being processed, and the technical and organisational measures employed to protect that information can help mitigate the risks to the data subject.

9. How do we protect your personal information across borders?

While Soko Labs Pty Ltd. is an Australian company and primarily stores data in the United States and Australia, we provide services to individuals and our technology processes data from users around the world. Accordingly, Soko Labs may transmit your personal information outside of the country, state, or province in which you are located. Transferred data may be subject to the laws of those countries. Soko Labs does not transfer or store data in countries that do not have a robust regime of data protection.

10. Control over and access to your personal information

Soko Labs understands that you have rights over your personal information, and takes reasonable steps to allow you to access, correct, amend, delete, port, or limit the use of your personal information. If you are a merchant, you can update many types of personal information, such as payment or contact information, directly within your account settings. If you are unable to change your personal information within your account settings, or if you are concerned about data collected as you visit Soko Labs' websites or use our support services, please contact us to make the required changes.

Please note that if you send us a request relating to your personal information, we have to make sure that it is you before we can respond. In order to do so, we may ask to see documentation verifying your identity, which we will discard after verification.

If you would like to designate an authorised agent to exercise your rights for you, please email us from the email address we have on file for you. If you email us from a different email address, we cannot determine if the request is coming from you and will not be able to accommodate your request. In your email, please include the name and email address of your authorised agent.

If you are a merchant’s customer and wish to exercise these rights, please contact the merchants you interacted with directly - we serve as a processor on their behalf, and can only forward your request to them to allow them to respond.

It’s important to remember that if you delete or limit the use of your personal information, the Services may not function properly.

15. How to contact Soko Labs

If you have any questions about your personal information or this policy, or if you would like to make a complaint about how Soko Labs processes your personal data, please contact Soko Labs by email at [email protected] or by using the contact details below.

Soko Labs Pty Ltd
Attn: Data Protection Officer
55 / 44 Lakeview Drive
Scoresby VIC 3179
Australia


Last updated: January 7, 2020