Privacy Policy SwearNet.com Inc.

Version 1.0 : Effective May 25, 2018

1. Introduction

  1. We are committed to safeguarding the privacy and security of your personal information.
  2. We will apply the General Data Protection Regulation (GDPR) and the ePrivacy Directive (ePR) of the European Economic Union to all users, regardless of country of residence or region of access.
  3. This policy applies to your personal data on SwearNet.com and pertains to the purpose and means of storing, processing and managing your personal data.
  4. We use cookies to control access to our website. We will ask for your consent to use of cookies when you first visit our website.
  5. Our website incorporates privacy controls which affect how we will process your personal data. By using the privacy controls, you can specify whether you would like to receive direct marketing communications and/or limit the publication of your information. You can access the privacy controls via https://www.swearnet.com/users/edit
  6. In this policy, “you”, “your” and “yours” refer to you, the user of SwearNet.com
  7. In this policy, “we”, “us” and “our” refer to SwearNet.com Inc., the operator of SwearNet.com. See Section 12 for more information about us.

2. How your personal data is used

  1. This section covers:
    1. the general categories of personal data that we may process;
    2. in the case of personal data that we did not obtain directly from you, the source and specific categories of that data;
    3. the purposes for which we may process personal data; and
    4. the legal bases of the processing.
  2. We may process data concerning access to our website, otherwise known as usage data. Usage data may include your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths, as well as information about the timing, frequency and pattern of your service use. The source of the usage data is Google Analytics and website access logs. This usage data may be processed for the purposes of understanding the general usage patterns of our customer base, improving our services or investigating service quality, or security incidents. The legal basis for usage data processing is our legitimate interests in maintaining the highest levels of service quality, availability and content on our website and services to our members.
  3. We may process data relating to your account, referred to as account data. Your account data consists of your email address and a password that you have selected. The source of your account data is you when you registered with the site. Your account data may be processed for the purposes of operating our website, providing our services, ensuring the security of our website and services, maintaining backups of our membership data and for communication with you. The legal basis for this processing is your consent when you registered with the site and our legitimate interests, namely the proper administration of our website and business.
  4. We may process your information included in your personal profile on our website, referred to as profile data. The profile data may include your name, address, email address, social media accounts names such as Skype, Twitter, and Facebook, profile pictures, gender, date of birth. The profile data may be processed for the purposes of enabling and monitoring your use of our website and services. The legal basis for this processing is your consent and our legitimate interests, namely the proper administration of our website and business.
  5. We may process your personal data that are provided in the course of the use of our services, referred to as service data. The service data may include access details to external vendors that we rely on to provide content and services, merchandise or other similar services to you. The source of the service data is your access to our site. The service data may be processed for the purposes of operating our website, providing our services, ensuring the security of our website and services, maintaining back-ups of our databases and communicating with you. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business.
  6. We may process information that you post for publication on our website or through our services, known as publication data. The publication data may be processed for the purposes of enabling such publication and administering our website and services. The legal basis for this processing is your consent and our legitimate interests, namely the proper administration of our website and business.
  7. We may process information contained in any enquiry you submit to us regarding goods and/or services, known as enquiry data. The enquiry data may be processed for the purposes of offering, marketing and selling relevant goods and/or services to you. The legal basis for this processing is your consent and our legitimate interests, namely the proper administration of our website and business.
  8. We may process information relating to our customer relationships, including customer contact information, known as customer relationship data. The customer relationship data may include your name, your contact details, and information exchanged in communications with you. The source of the customer relationship data is you. The customer relationship data may be processed for the purposes of managing our relationships with customers, communicating with customers, keeping records of those communications and promoting our products and services to customers. The legal basis for this processing is our legitimate interests, namely the proper management of our customer relationships.
  9. We may process information relating to transactions, including purchases of goods and services, that you enter into with us and/or through our website, referred to as transaction data. The transaction data may include your contact details, your card details and the details of the purchase transaction. The transaction data may be processed for the purpose of supplying the purchased goods and services and keeping proper records of those transactions. The legal basis for this processing is the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract and our legitimate interests, namely the proper administration of our website and business.
  10. We may process information that you provide to us for the purpose of subscribing to our email notifications and/or newsletters, known as notification data. The notification data may be processed for the purposes of sending you the relevant notifications and/or newsletters. The legal basis for this processing is the performance of a contract between you and us, at your request, to enter into such a contract.
  11. We may process information contained in or relating to any communication that you send to us, referred to as correspondence data. The correspondence data may include the communication content and metadata associated with the communication. Our website will generate the metadata associated with communications made using the website’s contact forms. The correspondence data may be processed for the purposes of communicating with you and for our record keeping. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business and communications with users.
  12. We may process any of your personal data identified in this policy where necessary for the establishment, exercise or defense of legal claims, whether in court proceedings or in an administrative or out-of-court procedure. The legal basis for this processing is our legitimate interests, namely the protection and assertion of our legal rights, your legal rights and the legal rights of others.
  13. We may process any of your personal data identified in this policy where necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, or obtaining professional advice. The legal basis for this processing is our legitimate interests, namely the proper protection of our business against risks.
  14. In addition to the specific purposes for which we may process your personal data set out in this section, we may also process any of your personal data where such processing is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.
  15. Please do not supply any other person’s personal data to us, unless we prompt you to do so.

3. Providing your personal data to others

  1. We may disclose your personal data to any member of our group of companies (meaning our subsidiaries, our ultimate holding company and all its subsidiaries) insofar as reasonably necessary for the purposes, and on the legal bases, set out in this policy.
  2. We may disclose your personal data to our insurers and/or professional advisers insofar as reasonably necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, obtaining professional advice, or the establishment, exercise or defense of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.
  3. Financial transactions relating to our website and services are handled by our payment services providers PayPal and Stripe. We will share transaction data with our payment services providers only to the extent necessary for the purposes of processing your payments, refunding such payments and dealing with complaints and queries relating to such payments and refunds. You can find information about the payment services providers’ privacy policies and practices at PayPal.com and Stripe.com.
  4. We may disclose your enquiry data to one or more of those selected third party suppliers of goods and services identified on our website for the purpose of enabling them to contact you so that they can offer, market and sell to you relevant goods and/or services. Each such third party will act as a data controller in relation to the enquiry data that we supply to it; and upon contacting you, each such third party will supply to you a copy of its own privacy policy, which will govern that third party’s use of your personal data.
  5. In addition to the specific disclosures of personal data set out in this section, we may disclose your personal data where such disclosure is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person. We may also disclose your personal data where such disclosure is necessary for the establishment, exercise or defense of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.

4. International transfers of your personal data

  1. In this section, we provide information about the circumstances in which your personal data may be transferred to countries outside the European Economic Area (EEA).
  2. We, and our group of companies, have offices in Canada. The European Commission has made an “adequacy decision” with respect to the data protection laws in Canada. Transfers to Canada will be protected appropriate safeguards, namely the use of standard data protection clauses adopted or approved by the European Commission, a copy of which can be obtained from https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/eu-us-privacy-shield_en
  3. The hosting facilities for our website are situated in Canada and the United States of America. The European Commission has made an “adequacy decision” with respect to the data protection laws of each of these countries. Transfers to each of these countries will be protected by appropriate safeguards, namely the use of standard data protection clauses adopted or approved by the European Commission, a copy of which you can obtain from https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/eu-us-privacy-shield_en
  4. Payment transactions are situated in the United States of America, namely PayPal and Stripe. The European Commission has made an “adequacy decision” with respect to the data protection laws in the United States of America. Transfers to the United States of America will be protected by appropriate safeguards, namely the use of standard data protection clauses adopted or approved by the European Commission, a copy of which can be obtained from https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/eu-us-privacy-shield_en
  5. You acknowledge that personal data that you submit for publication through our website or services may be available, via the Internet, around the world. We cannot prevent the use (or misuse) of such personal data by others.

5. Retaining and deleting personal data

  1. This section sets out our data retention policies and procedure, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of personal data.
  2. Personal data that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.
  3. We will retain your personal data as follows:
    1. Usage Data will be retained for a minimum period of 2 years following their creation, to a maximum period of 5 years following their collection date.
    2. Account Data will be retained for a minimum period of 2 years, to a maximum period of 5 years following their last date of access, or until deletion is requested by you, the registered user.
    3. Profile Data will be retained for a minimum period of 2 years following their creation, to a maximum period of 5 years following their creation date.
    4. Service Data will be retained for a minimum period of 2 years following their creation, to a maximum period of 5 years following their creation date.
    5. Publication Data will be retained for an indefinite period of time, until deleted by you, or until deletion is requested by you, the registered user.
    6. Enquiry Data will be retained for a minimum period of 2 years following their request date, to a maximum period of 5 years following their last access, entry or update.
    7. Customer Relationship Data will be retained for a minimum period of 2 years following their creation date, to a maximum period of 5 years following their last access, entry or update.
    8. Transaction Data will be retained for a minimum period of 2 years following their creation, to a maximum period of 5 years following their last update.
    9. Notification Data will be retained for a minimum period of 2 years, to a maximum period of 5 years following their creation.
    10. Correspondance Data will be retained for a minimum period of 2 years following their creation, to a maximum period of 5 years following their last update.
  4. In some cases it is not possible for us to specify in advance the periods for which your personal data will be retained. In such cases, we will determine the period of retention based on the following criteria: (a) the period of retention of any personal information not categorized above will be determined based on business requirements, typically to our minimum required business or legal obligation. (b) in some cases, when a user has a legitimate privacy issue or extenuating circumstance, we may delete data earlier than the published period.
  5. Notwithstanding the other provisions above, we may retain your personal data where such retention is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.

6. Amendments

  1. We may update this policy from time to time by publishing a new version on our website.
  2. You should check this page occasionally to ensure you are happy with any changes to this policy.
  3. We will attempt to notify you of significant changes to this policy by email and/or messaging on our website.

7. Your rights

  1. In this section, we have summarized the rights that you have under data protection law. Some of the rights are complex, and not all of the details have been included in our summaries. Accordingly, you should read the relevant laws and guidance from the regulatory authorities for a full explanation of these rights.
  2. Your principal rights under data protection law are:
    1. the right to access;
    2. the right to rectification;
    3. the right to erasure;
    4. the right to restrict processing;
    5. the right to object to processing;
    6. the right to data portability;
    7. the right to complain to a supervisory authority; and
    8. the right to withdraw consent.
  3. You have the right to confirmation as to whether or not we process your personal data and, where we do, access to the personal data, together with certain additional information. That additional information includes details of the purposes of the processing, the categories of personal data concerned and the recipients of the personal data. Providing the rights and freedoms of others are not affected, we will supply to you a copy of your personal data. The first copy will be provided free of charge, but additional copies may be subject to a reasonable fee. You can access your personal data by visiting https://www.swearnet.com/users/edit when logged into our website.
  4. You have the right to have any inaccurate personal data about you rectified and, taking into account the purposes of the processing, to have any incomplete personal data about you completed.
  5. In some circumstances you have the right to the erasure of your personal data without undue delay. Those circumstances include: the personal data is no longer necessary in relation to the purposes for which it was collected or otherwise processed; you withdraw consent to consent-based processing; you object to the processing under certain rules of applicable data protection law; the processing is for direct marketing purposes; and the personal data have been unlawfully processed. However, there are exclusions of the right to erasure. The general exclusions include where processing is necessary: for exercising the right of freedom of expression and information; for compliance with a legal obligation; or for the establishment, exercise or defense of legal claims.
  6. In some circumstances you have the right to restrict the processing of your personal data. Those circumstances are: you contest the accuracy of the personal data; processing is unlawful but you oppose erasure; we no longer need the personal data for the purposes of our processing, but you require personal data for the establishment, exercise or defence of legal claims; and you have objected to processing, pending the verification of that objection. Where processing has been restricted on this basis, we may continue to store your personal data. However, we will only otherwise process it: with your consent; for the establishment, exercise or defence of legal claims; for the protection of the rights of another natural or legal person; or for reasons of important public interest.
  7. You have the right to object to our processing of your personal data on grounds relating to your particular situation, but only to the extent that the legal basis for the processing is that the processing is necessary for: the performance of a task carried out in the public interest or in the exercise of any official authority vested in us; or the purposes of the legitimate interests pursued by us or by a third party. If you make such an objection, we will cease to process the personal information unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing is for the establishment, exercise or defence of legal claims.
  8. You have the right to object to our processing of your personal data for direct marketing purposes (including profiling for direct marketing purposes). If you make such an objection, we will cease to process your personal data for this purpose.
  9. You have the right to object to our processing of your personal data for scientific or historical research purposes or statistical purposes on grounds relating to your particular situation, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
  10. To the extent that the legal basis for our processing of your personal data is:
    1. your consent; or
    2. that the processing is necessary for the performance of a contract to which you are party or in order to take steps at your request prior to entering into a contract, and such processing is carried out by automated means, You have the right to receive your personal data from us in a structured, commonly used and machine-readable format. However, this right does not apply where it would adversely affect the rights and freedoms of others.
  11. If you consider that our processing of your personal information infringes data protection laws, you have a legal right to lodge a complaint with a supervisory authority responsible for data protection. You may do so in the EU member state of your habitual residence, your place of work or the place of the alleged infringement.
  12. To the extent that the legal basis for our processing of your personal information is consent, you have the right to withdraw that consent at any time. Withdrawal will not affect the lawfulness of processing before the withdrawal.
  13. You may exercise any of your rights in relation to your personal data by serving written notice to us or by any method specified in Section 13.

8. About cookies

  1. A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.
  2. Cookies may be either “persistent” cookies or “session” cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.
  3. Cookies do not typically contain any information that personally identifies a user, but personal information that we store about you may be linked to the information stored in and obtained from cookies.

9. Cookies that we use

  1. We use cookies for the following purposes:

    1. Session State - we use a cookie to determine to authenticate you and determine what you are permitted to see and do on our site. The cookie used for this purpose is: _** swearnet_session**: This cookie identifies you as a unique visitor to our site by assigning you a unique ID. It is created upon your first visit to our site and expires after two years.

    2. Consent - we use we use cookies to store your preferences in relation to the use of cookies on our site. The cookies used for this purpose is: _** swearnet_consent**: This cookie identifies you as a unique visitor to our site by assigning you a unique ID. It is created upon your first visit to our site and expires after two years.

10. Cookies used by our service providers

  1. Our service providers use cookies and those cookies may be stored on your computer when you visit our website. These include:

    1. Vidyard.com : We rely on Vidyard to deliver the majority of streamed video content. There are a handful of cookies that Vidyard uses to improve and track video playback. The cookies are used to deliver optimized content, performance tracking and user analytics. See vidyard.com for more information about these cookies.

    2. Stripe.com : We use Stripe for payment processing, generally improving privacy and security of credit/debit card payments.

    3. Disqus.com : We use Disqus as a service for user generated comments. Disqus stores a number of cookies for authentication, authorization and tracking.

    4. YouTube.com : Some video, particularly user generated video, may be delived via YouTube. Google stores cookies to improve and track video playback. The cookies are used to deliver optimized content, performance tracking and user analytics.

    5. Google.com : We use Google Analytics to analyse the use of our website. Google Analytics gathers information about website use by means of cookies. The information gathered relating to our website is used to create reports about the use of our website. A Google Analytic cookie is created when you first visit our website and is updated as you navigate our website. The relevant cookies used for this purpose are:

      _utma : This cookie identifies you as a unique visitor to our site by assigning you a unique ID. It is created upon your first visit to our site and expires after two years.

      _utmb : This cookie generates data about your session. It establishes or updates a session every time a page of a site is visited. If it is not updated, it expires by default after 30 minutes.

      _utmc : This cookie works hand in hand with _utmb. It expires only when you quit a browser.

      _utmz : This cookie determines what brought a user to our site. This cookie tracks things like PPC ads, organic search, and referring links. It also tracks your page navigation as you move through our site. This cookie expires after 6 months unless it is updated. Updates occur as new page views are initiated.

      _utmt : This cookie is used for Google analytic report rate throttling and expires after 10 minutes.

      Additional information about Google Analytic cookies can be found on https://developers.google.com/analytics/devguides/collection/analyticsjs/cookie-usage

      Google’s privacy policy is available at: https://www.google.com/policies/privacy/.

11. Cookie Management

  1. Most browsers allow you to refuse to accept cookies, as well as options to delete cookies. The methods for doing so vary from browser to browser, and from version to version. You can however obtain up-to-date information about blocking and deleting cookies via the following links:

    1. Chrome : https://support.google.com/chrome/answer/95647?hl=en

    2. Firefox : https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences

    3. Opera : http://www.opera.com/help/tutorials/security/cookies/

    4. Safari : https://support.apple.com/kb/PH21411

    5. Internet Explorer : https://support.microsoft.com/en-gb/help/17442/windows-internet-explorer-delete-manage-cookies

    6. Edge : https://privacy.microsoft.com/en-us/windows-10-microsoft-edge-and-privacy

  2. Blocking cookies will have a negative impact upon the usability of many websites, including ours.

  3. If you block cookies, you will not be able to use all the features on our website.

12. Our details

  1. This website is owned and operated by Swearnet.com Incorporated.

  2. We are registered as an incorporated business in Darthmouth, Nova Scotia Canada.

  3. Our principal business postal address is:

     Swearnet.com Incorporated
     P.O. Box 38072 Burnside
     Dartmouth NS
     B3B 1X2
     CANADA
    
  4. You can contact us:

    1. by post, using the postal address above;
    2. using our website contact form https://www.swearnet.com/contact ;
    3. by email, using support@swearnet.com

13. Data protection officer

  1. Requests and questions concerning data privacy are best directed to our data protection officer via email: John Andrews john@swearnet.com

  2. For written requests, our data protection officer can be reached at:

     John Andrews
     CIO, Swearnet.com Incorporated
     PO Box 38072 Burnside
     Dartmouth NS
     B3B 1X2
     CANADA