Privacy policy

Last Revised: June 26th, 2026

If you are a California resident, click here to learn more about your rights under the California Consumer Privacy Rights Act.

 

We know that your privacy is important to you, and we work hard to earn and keep your trust. Swan USA LLC (collectively with its subsidiaries and affiliates, “Company,” “we,” “us,” and “our”), respects your privacy and is committed to protecting your privacy through our compliance with this Privacy Policy (“Policy”). The words “you” and “your” refer to you as a user of the Website and/or Application (both as defined below), either as a visitor, registered customer, or employee of a Company customer. 

 

This Policy describes:

 

·      The types of information we collect from you or that you may provide when you visit our website(s) available at: https://www.swanbeauty.com (“Website”) as well as any other websites, blogs, mobile, the SWAN mirror, and applications including the SWAN application directly owned by, or operated by or on behalf of, the Company (“Application”) where this Policy is linked (all of the foregoing, collectively, the “Platform”). 

·      Our practices for collecting, using, maintaining, protecting, and disclosing that information.

This Policy applies to information we collect on the Platform or in emails and other electronic messages between you and the Platform, and information gathered when you interact with our advertising on third-party websites if such advertisements include links to this Policy.

 

This Policy does not apply to information collected by us offline or through any other means, including on any other websites operated by the Company or any third party, or information collected by any third party through any application or content (including advertising) that may link to or be accessible from the Platform (for further information, see below, “Third-party Websites”).

 

Please read this Policy carefully to understand our practices regarding your information and how we will treat it.  If you do not agree with our policies and practices, then please do not use our Platform.  By using our Platform, you agree to the terms of this Policy.  This Policy may change from time to time (see below, “Changes to this Policy”).  Your continued use of our Platform after we make changes is deemed to be acceptance of those changes, so please check the Policy periodically for updates.

 

The processing of your Personal Information by us is carried out in compliance with applicable law.

 

 

 

Terms of Use

 

This Policy is incorporated by reference and should be read in conjunction with the Company’s Terms of Use.

 

The Information We Collect

 

Personal Information. To ensure that we provide you with the best possible experience, we will store, use, and disclose personal information about you in accordance with this Policy.  Personal information is information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular user, household or device (“Personal Information”). The Personal Information that we may receive and collect depends on what you do when you visit our Platform.

 

Information of Other Individuals. You may have the opportunity to provide information of other individuals. When providing such information, you are solely responsible for obtaining the necessary consents and authorizations from any individuals in accordance with applicable data security laws and regulations, and we shall not be responsible or held liable for your failure to obtain the necessary consents.

 

Aggregated and De-Identified Data. We may also collect, use and disclose aggregated and de-identified data such as statistical or demographic data for any purpose. Aggregated and de-identified data could be derived from your Personal Information but is not considered Personal Information under applicable law as this data will not directly or indirectly reveal your identity. However, if we combine or connect aggregated or de-identified data with your Personal Information so that it can directly or indirectly identify you, we treat the combined data as Personal Information which will be used in accordance with this Policy.

 

Credit Card Information. Please note that for any credit card information provided on the Platform, we utilize a trusted third-party Payment Card Industry Data Security Standard (“PCI-DSS”) compliant payment processor to process your transactions and such third-party payment processor collects and maintains the necessary Personal Information needed to process such transactions. We do not maintain any credit card information on our systems.

 

Free-Text Boxes. The information that you provide in each case will vary. In some cases, you may be able to provide Personal Information via email or free text boxes, such as contacting the Company to request further information.  When providing your Personal Information, please provide only relevant information and do not provide unnecessary sensitive information, such as Social Security numbers, credit card information or other sensitive personal data, unless required for our services.  

 

Username and Password; Other Sources. We may ask you to create a username and password that should only be known to you. When you provide this information to us, you are no longer anonymous.  Additionally, we may receive information about you from other sources and add it to the information you have provided to us.

 

Recording Use of the Website. We partner with trusted third-party vendors to analyze performance and traffic of our Website.   This may include things like buttons you click, mouse movements and other behavior on the Website, date and time of access, pages visited, web beacons, and cookie or pixel tag information. Please see our Automatic Information Collection section below to learn more about cookies, pixels tags, and analytic technologies.

 

Live Chat. We may partner with a trusted third-party vendor to provide you with live chat features to better assist you. When using the live chat features, please only provide necessary information and do not provide sensitive information.  For recordkeeping, training, and quality assurance purposes, we or our third-party vendor may record and maintain a transcript of any communications in the live chat.

 

(a)   Information We May Collect on the Platform

We collect and process the following Personal Information about you:

·      Contact and address information, if you have provided us with your contact information,

·      Data regarding the use of your customer account,

·      Data regarding the type, scope, content and timing of your orders,

·      Online identifiers (e.g., your IP address, browser type and version, the operating system used, the referrer URL, the file name, the access status, the amount of data transferred, the date and time of the server request),

·      Social media identifiers.

 

You may have the opportunity to provide additional Personal Information on our Platform, including but not limited to:

 

Category	Examples	Collected	Disclosed
Identifiers.	A real name, postal address, unique personal identifier, universally unique identifier (UUID), online identifier, Internet Protocol address, email address, account name.	YES	YES – Affiliates and/or Service Providers.
Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).	A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information.	YES	YES – Affiliates and/or Service Providers.
Protected classification characteristics.	Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).	YES	YES – Affiliates and/or Service Providers.
Commercial information.	Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.	YES	YES – Affiliates and/or Service Providers.
Sensitive Personal Information	Precise geolocation, Social Security number, driver’s license, state identification card, passport number, account log-in, financial account, debit card, credit card number with security, or access code or password, racial or ethnic origin, religious/philosophical beliefs, or union membership, genetic data and processing of biometric information, health and sexual orientation.	YES	YES – Affiliates and/or Service Providers.
Biometric Information.	Hand or face geometry, genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.	YES	YES – Affiliates and/or Service Providers.
Internet or other similar network activity.	Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement.	YES	YES – Affiliates and/or Service Providers.
Geolocation data.	Physical location or movements.	YES	YES – Affiliates and/or Service Providers.
Sensory data.	Audio, electronic, visual, thermal, olfactory, or similar information.	YES	YES – Affiliates and/or Service Providers.
Inferences drawn from other Personal Information.	Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.	YES	YES – Affiliates and/or Service Providers.

 

We may obtain the Personal Information listed above from the following categories of sources:

 

• Directly from you. For example, when you:
• Register yourself with the Platform;
• Place an online order;
• Subscribe to one of our e-newsletters;
• Review or comment on one of our products;
• Upload content to the Platform; or
• Otherwise communicate with us, such as contacting us for more information.

·      Indirectly from you. For example, through information we collect from you in the course of providing our services to you.

·      Third Party Sources. We may collect information about you from third party sources, such as our business partners.

·      Directly and indirectly from activity on our Platform. For example, from Platform usage details that are collected automatically. For more information on automatic information collection, please review the “Automated Information Collection” section below.

 

Automated Information Collection

 

Platform. In addition to the information that you provide to us, we may also collect information about you during your visit to our Platform. We collect this information using automated tools that are detailed below. These tools may collect information about your behavior and your computer system, such as your internet address (IP Address), the pages you have viewed, and the actions you have taken while using the Platform. Some of the tools we use to automatically collect information about you may include:

 

We may use this automatically collected information to: (i) conduct analyses about our Platform; (ii) associate the different devices you use; (iii) remember your browser or device; (iv) remember your preferences and interactions; (v) deliver relevant advertisements or other content; (vi) market our services to you; (vii) collect information about our Platform and services; and (viii) log activity on our Platform.  We may use these technologies for providing our Platform, services, security, authentication, analytics, product or service improvement, advertising, fraud detection, and for other similar purposes.

 

The following types of automated information collection are distinguished:

 

(a)   Cookies.  Cookies are usually defined in one of two ways, and we may use either (or both) of them: 

(1)  Session cookies, which do not stay on your device after you close your browser, and

(2)  Persistent cookies, which remain on your device until you delete them or they expire. 

We may use the following categories of cookies on our Platform.

 

                                 i.     Strictly Necessary Cookies. These cookies are essential in order to enable you to move around the Website and Online Payment Systems and use its features. Without these cookies, services you have requested, such as maintaining a record of your application for our services, cannot be provided.

                               ii.     Performance Cookies.  Also known as “functionality cookies,” these cookies allow a website to remember choices you have made in the past, like what language you prefer, what region you would like weather reports for, or what your user name and password are so you can automatically log in.

                              iii.     Analytics Cookies.  These cookies collect information about how you use a website, like which pages you visited and which links you clicked on. This includes cookies from third-party analytics services, such as Google Analytics and Hotjar.

                              iv.     Advertising Cookies. These cookies collect information about your browsing habits in order to make advertising more relevant to you and your interests. The cookies are usually placed by third-party advertising networks.  These cookies remember the websites you visit and that information is shared with other parties, such as advertisers.

(b)  Analytics Services.  Our Platform may use Adobe, Bing, Facebook Connect, Google Analytics, Google Audiences, Meta, LinkedIn, Pinterest, Snapchat, TikTok, Twitter, and others for audience measurement and analytics purposes.  These analytics services may use cookies or similar technologies to collect information to help us analyze users and how they use our Website.  The information collected by these technologies is used to assess how often you visit our Website, what pages you view when you visit our Website, and what other websites you visited before coming to our Website.  Information generated by these services may be transmitted to and stored by these providers and they may use this information for purposes such as evaluating your use of our Website, compiling statistics reports on the Website’s activity, and providing other services relating to Website activity and other internet usage.  You may review Google’s data privacy practices for Google Analytics and data privacy practices for Google Tag Manager.  To opt out of being tracked by Google Analytics, you may download and install the Google Analytics Opt-out Browser Add-on.

(c)   Web Beacons.  A Web Beacon is an electronic image.  Web Beacons can track certain things from your computer and can report activity back to a web server allowing us to understand some of your behavior.  If you choose to receive emails from us, we may use Web Beacons to track your reaction to our emails.  We may also use them to track if you click on the links and at what time and date you do so.  Some of the third-party marketers we engage with may use Web Beacons to track your interaction with online advertising banners on our Platform.  This information is only collected in aggregate form and will not be linked to your Personal Information.  Please note that any image file on a webpage can act as a Web Beacon.

(d)  Embedded Web Links.  Links provided in our emails and, in some cases, on third-party websites may include tracking technology embedded in the link.  The tracking is accomplished through a redirection system.  The redirection system allows us to understand how the link is being used by email recipients.  Some of these links will enable us to identify that you have personally clicked on the link and this may be attached to the Personal Information that we hold about you.  This data is used to improve our service to you and to help us understand the performance of our marketing campaigns.

(e)   Third-party Platforms and Services.  We work with a number of service providers of marketing communications technology.  These service providers may use various data collection methods to improve the performance of the marketing campaigns we are contracting them to provide.  The information collected can be gathered on our Platform and also on the websites where our marketing communications are appearing.  For example, we may collect data where our banner advertisements are displayed on third-party websites.

Of course, if you do not wish to have cookies on your devices, you may turn them off at any time by modifying your internet browser’s or device’s settings.  Please refer to the help section of your browser or mobile device for additional information.  Your browser or mobile device may also offer add-ons, plugins, or extensions to manage cookies, local storage objects, scripts, or similar technologies mentioned in this Policy.  Apple and Android mobile devices each generate an advertising identifier that can be accessed by apps and used by advertisers in much the same way that cookies are used on websites.  Each operating system provides options to limit tracking and/or reset the advertising ID.  However, by disabling cookies on your browser or device, you may be prohibited from full use of the Platform’s features or lose access to some functionality.

 

You may opt out of receiving interest-based advertisements from other companies that perform interest-based advertising services who are members of the Digital Advertising Alliance (DAA) by visiting the DAA website or YourAdChoices. If you are located in Canada, you can visit the Digital Advertising Alliance of Canada. Please note that when using the ad industry opt-out tools described above, you may need to execute opt-outs for each browser or device that you use. Opting out of interest-based advertising does not mean you will no longer see advertising online, but it does mean that the companies from which you opt out will no longer show ads that have been tailored to your interests. If you use industry opt-out tools, your opt out will only apply to companies who are participating in those industry organization tools.

 

Application and Hardware. In addition to the information that you provide to us, we may also collect information about you during your visit to our mobile application or via the SWAN mirror or other SWAN hardware as discussed above.  We collect this information using automated technology.  This technology may collect information about your behavior and your device, such as your internet address (i.e., IP Address), the pages you have viewed, the actions you have taken while using the mobile application, saved preferences, and log-in Session ID.  For a mobile application, you can manage how your mobile device and mobile browser share location information with us, as well as how your mobile browser handles cookies and related technologies, by adjusting your mobile device privacy and security settings. Please refer to instructions provided by your mobile service provider or the manufacturer of your device to learn how to adjust your settings.

 

How We Use Your Information / Processing Purposes

 

The Personal Information, including Biometric Information, we gather and that you provide is collected and processed for various purposes, including, but not limited to:

 

• Security, credit or fraud prevention purposes,

·      Providing you with a personalized experience when you use the Platform,

• Developing new products and services,
• Contacting you with special offers and other information we believe will be of interest to you (in accordance with any privacy preferences you have expressed to us),

·      Contacting you with information and notices related to your use of the Platform,

• Inviting you to participate in surveys and providing feedback to us (in accordance with any privacy preferences you have expressed to us),
• Better understanding your needs and interests,
• Improving the content, functionality and usability of the Platform,
• Improving our products and services,
• Improving our marketing and promotional efforts,

·      Any other purpose identified at the point of data collection, in an applicable privacy notice, in a click-through agreement or in any other agreement between you and us,

·      Contacting you as requested by you,

·      Providing our services effectively,

·      Fulfilling our legal obligations,

·      Processing of contracts, in particular for the processing of orders and invoicing,

·      Advertising purposes,

·      Delivering personalized, interest-based and targeted advertising through the Platform and third-party platforms;

·      Creating consumer profiles, audience segments and marketing insights based on user preferences, characteristics, purchasing interests, beauty concerns and Platform activity;

·      Training, testing, validating, improving and developing our artificial intelligence, machine learning and analytics systems;

·      Improving the accuracy, performance and effectiveness of our beauty analysis, recommendation and personalization algorithms;

·      Commercializing, licensing, disclosing or otherwise making available Personal Information to brands, commercial partners, advertisers and other third parties as described in this Policy,

·      Sending the e-mail newsletter, if you have registered for this,

·      Overseeing quality assurance, and

·      For our statistics.

 

Biometric Information

 

Certain features of the Platform may collect, process or analyze facial images, facial geometry, facial measurements or other biometric information in order to provide personalized beauty recommendations, skin analysis, virtual try-on functionality, product recommendations, account authentication, or related Platform features. We may disclose Biometric Information to service providers that assist us with hosting, storage, analytics, technology development, artificial intelligence services and Platform operations, provided such parties are contractually restricted from using the information for their own independent purposes. Biometric information is collected only for the purposes described in this Policy and is not sold to third parties.

 

Where required by applicable law, we will obtain your express consent before collecting or processing biometric information. We retain biometric information only for as long as reasonably necessary to provide the requested functionality, fulfill the purposes described in this Policy, comply with legal obligations, resolve disputes, and enforce our agreements. Upon expiration of the applicable retention period, biometric information will be securely deleted or anonymized in accordance with our data retention practices.

 

We may also use Biometric Information for system monitoring, quality assurance, product development, analytics, research, fraud prevention, security purposes and to improve, train, test and validate our artificial intelligence, machine learning and beauty analysis systems. Such processing may include improving the accuracy of skin analysis, beauty recommendations, virtual try-on functionality and other Platform features.

 

Duration of Storage Period

 

We store your data:

 

·      If you have consented to the processing, at most until you revoke your consent,

·      If we need the data to perform a contract, at most for as long as the contractual relationship with you exists or legal retention periods run,

·      If we process the data to fulfill a legal obligation, at most for as long as the legal obligation exists,

·      If we use the data based on a legitimate interest, at most as long as your interest in deletion or anonymization does not prevail.

 

Sale and Sharing of your Personal Information and Targeted Advertising

 

We may disclose, share, license, lease or sell certain categories of Personal Information to brands, advertisers, marketing partners, analytics providers and other commercial partners for business and commercial purposes, including:

·      targeted advertising;

·      cross-context behavioral advertising;

·      personalized product recommendations;

·      marketing and promotional activities;

·      audience development and segmentation;

·      consumer analytics;

·      business development activities;

·      improving products, services and algorithms; and

·      other commercial purposes permitted by applicable law.

 

Categories of Personal Information that may be disclosed, shared, licensed, leased or sold may include identifiers, account information, profile information, commercial information, internet activity information, geolocation information, purchasing preferences, beauty preferences, skin analysis results and inferences derived from such information.

 

If we do sell or share Personal Information, we will offer you the ability to opt out of sales of your Personal Information and sharing of your Personal Information for Targeted Advertising as set forth in the “Opt-out of Processing ” section below.  We do not have actual knowledge that we sell or share the Personal Information of consumers under thirteen (13) years of age. 

 

Recipients or Categories of Recipients of Your Personal Information

 

When processing your data, we may cooperate with the following service providers for business purpose(s) who have access to your data:

 

·      Our Affiliates. We may disclose the information collected through the Platform with our affiliates in order to provide our products, services and effective customer support.

·      Third-party Service Providers. We disclose Personal Information collected through the Platform with third-party Service Providers (as defined hereinafter) who act for or on behalf of the Company. These third parties may need information about you to perform their functions. “Service Providers” may include web analytics tool providers, web hosting providers, payment service providers, transport service providers, suppliers, dealers, distributors, companies and consultants that provide software development, order fulfillment, information technology and related infrastructure support, customer service, email delivery, marketing services and auditing.

·      Brands, Advertisers and Commercial Partners. We may disclose, license, lease, share or sell Personal Information (excluding Biometric Information) to brands, advertisers, retailers, product manufacturers, marketing partners, analytics partners and other commercial organizations for marketing, advertising, personalization, product recommendation, business development, audience-building, analytics and other commercial purposes.

·       

 

Except as described in this Policy, we will not disclose your information with other third parties without your notice and consent, unless it is under one of the following circumstances: 

 

·      Legal Reasons.

 

o   We believe that disclosure is reasonably necessary to comply with any applicable law, regulation, subpoena, or court order;

o   To respond to duly authorized information requests from law enforcement or other governmental authorities;

o   To enforce our agreements or policies;

o   To investigate and prevent security threats, fraud, or other malicious activity; or

o   To respond to an emergency that we believe in good faith requires us to disclose such information to assist in preventing the death or serious bodily injury of any person or Company employee.

 

·      Sale of Business or Merger. There are circumstances where the Company may decide to buy, sell, or reorganize its business.  Under these circumstances, it may be necessary to disclose or receive Personal Information with prospective or actual purchasers, acquisition targets, partners or affiliates. In such circumstances, the Company will ensure your information is used in accordance with this Policy.

·      In Aggregate or De-Identified Form. We may aggregate or otherwise anonymize data about you that is not personally identifiable the we collect for purposes of analytics, research, marketing and other business interests of the Company. We may also publish reports and otherwise process, sell, license and distribute data that contains aggregated and statistical data about our customers and hardware, provided that these reports and data sets do not contain information that would enable the recipient to identify you.

We note that there is a data transfer to third countries outside the European Economic Area. This takes place based on contractual regulations provided for by law, which are intended to ensure adequate protection of your data and which you can view on request.

Your Choices And Selecting Your Privacy Preferences

We want to provide you with relevant information that you have requested. When possible, we will always provide options as to what information we collect and how you can manage any preferences that pertain to such information.

 

If we provide subscription-based services, such as email newsletters, we will allow you to make choices about what information you provide at the point of information collection or at any time after you have received a communication from us while you are subscribed.  Transactional or service-oriented messages, such as delivery confirmation messages, are usually excluded from such preferences, as such messages are required to respond to your requests or to provide goods and services, and are not intended for the purposes of marketing.

 

By providing your contact information, including but not limited to your phone number, email address, and mailing address, you expressly consent to receive marketing communications from us. These communications may include promotional offers, newsletters, updates, and other information related to our products and services.  You may opt out of them at any time by following the unsubscribe instructions in the message or by selecting the “unsubscribe” link at the bottom of each email.  Please note that by opting out or unsubscribing you may affect other services you have requested we provide to you. Even if you opt-out of receiving marketing material, we may still need to contact you with important information about your account or responding to your requests or questions.

 

Text Messaging

 

You may have the opportunity to receive SMS or "text" messages, pre-recorded voice messages or auto-dialed phone calls from the Company, its affiliates and related entities as well as third parties.  Such messaging may be used to authenticate your identity or mobile device, as well as provide you informational updates about services or products you may have requested.  In providing your mobile device number or cell phone number to the Company, you knowingly consent to such communications from the Company or for the Company to use your cell phone number or mobile device number.  In providing your number, you represent that you have the authority to agree to receive text messages at the telephone number that you provide to the Company, or from which you sent the text message request to us.  You further acknowledge that: (a) no purchase is required to opt into this service; (b) you may opt out at any time by following the instructions provided in our communications to you; and (c) your receipt of text messages may result in separate charges from your mobile provider.

 

Any such communications you receive from us will be administered in accordance with your preferences and this Policy. 

 

For Canadian residents, any commercial electronic messages, including promotional emails and text messages, will be sent in accordance with Canada's Anti-Spam Legislation ("CASL"). You may withdraw your consent to receive marketing communications at any time by using the unsubscribe mechanism included in the communication or by contacting us directly. Withdrawal of consent will not affect transactional or service-related communications that are necessary to administer your account, provide requested services, or comply with legal obligations.

Accuracy And Access To Your Personal Information

We strive to maintain and process your information accurately.  We have processes in place to maintain all of our information in accordance with relevant data governance frameworks and legal requirements.  We employ technologies designed to help us maintain information accuracy on input and processing.

Where we can provide you access to your Personal Information in our possession, we will always ask you for a username and password to help protect your privacy and security.  We recommend that you keep your password safe, that you change it periodically, and that you do not disclose it to any other person or allow any other person to use it. 

To view and change the Personal Information that you have provided to us, you can log in to your account and follow the instructions on that webpage, or contact us directly for assistance.

 

Information Of Minors

We do not knowingly collect or use information from individuals under the age of thirteen (13) without parental or guardian consent.  We do not target the Platform to minors, and would not expect them to be engaging with the Application or our services.  We encourage parents and guardians to provide adequate protection measures to prevent minors from providing information unwillingly on the internet.  If we are aware of any Personal Information that we have collected about minors without parental or guardian consent, we will take steps to securely remove it from our systems.

 

Feedback

We welcome inquiries or feedback on the services or products you might use or like to use. Any inquiries, feedback, suggestions, or ideas you provide to us (collectively, “Feedback”) will be treated as non-proprietary and non-confidential. Your Feedback on or through the Platform may be available to others who visit the Platform. In addition, we may use your Feedback in advertising campaigns and other promotions. We may or may not use your name in connection with such use, and we may or may not seek your consent before using the Feedback for such purposes. Therefore, you should have no expectation of privacy with respect to your Feedback on or through the Platform. You should not submit any content you do not wish to make available to the general public, and you must take special care to make sure your Feedback complies with our Terms of Use or other applicable agreements. All terms and conditions of our Terms of Useapply to Feedback on or through the Platform. In particular, your Feedback must not violate the privacy or other rights of others. You may not use false identifying information or contact information, impersonate any person or entity, or otherwise mislead us as to the origin of any Feedback.

 

Third-Party Websites

This Policy does not apply to websites, applications, or other domains that are maintained or operated by third parties or our affiliates.  Our Platform may link to third-party websites and services. For example, if you click on an advertisement on the Platform, you may be taken to another website that we do not control. These links are not endorsements of these websites, and this Policy does not extend to them.  Given that this Policy is not enforced on these third-party websites, we encourage you to read any posted privacy policy of the third-party website before using the service or website and providing any information. 

 

YOUR RIGHTS UNDER U.S. STATE LAWS

California.  If you are a California consumer, as that term is defined under the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act of 2020, you may have additional rights to your Personal Information. For more information regarding these rights, please review our California Privacy Disclosure.

Nebraska and Texas. The Nebraska Data Privacy Act and Texas Data Privacy and Security Act applies to Nebraska and Texas consumers, respectively. As a Nebraska or Texas resident, you may have the following rights with respect to your personal information provided to us, subject to our verification of your identity:

·               Right to know whether we process your personal data and to obtain the personal data in a readable format;

·               Right to correct inaccuracies in your personal data, taking into account the nature of the data and the purposes for processing the data;

·               Right to delete personal data provided by or obtained about you;

·               Right to opt out of the processing of personal data for purposes of targeted advertising, the sale of personal data, or profiling. You may opt out of targeted advertising by using cookie management tools on our websites, where available, including by clicking on the “Your Privacy Choices” link on our websites. 

·               Right to not face retaliation or discrimination for exercising these rights.

If you are a Nebraska or Texas resident who chooses to exercise the rights listed above, you can submit a request via email at [email protected].

 

Nevada.

 

Nevada law permits customers in Nevada to opt-out of the sale of certain kinds of Personal Information. We may disclose Personal Information in ways that may be considered a sale of information under Nevada law. Nevada residents may have the right to opt-out of such use of your Personal Information.  If you are a Nevada resident and wish to opt-out of the sale of your Personal Information, should we change our practices in the future, you can contact us at [email protected].

 

Your Consumer Rights.

Some state laws in the United States provide consumers with additional rights with respect to their Personal Information (also known as “personal data”), as those terms are defined under those applicable state laws. Such state laws may include, but are not limited to, the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act of 2020, the Colorado Privacy Act, the Connecticut Data Privacy Act, the Delaware Personal Data Privacy Act, the Iowa Consumer Data Protection Act, the Maryland Online Data Privacy Act, the Minnesota Consumer Data Privacy Act, the Montana Consumer Data Privacy Act, the Nebraska Data Privacy Act, the New Hampshire Data Privacy Act, the New Jersey Data Privacy Act, the Oregon Consumer Privacy Act, the Tennessee Information Protection Act, the Texas Data Privacy and Security Act, the Utah Consumer Privacy Act, and the Virginia Consumer Data Protection Act (collectively, the “U.S. State Privacy Laws"). Any Personal Information we collect is collected for the commercial purpose of effectively providing our services to you, as well as enabling you to learn more about, and benefit from, our services. If you reside in a state that provides additional rights with respect to your Personal Information, you may exercise each of your rights as identified below, subject to our verification of your identity.

1. Access.  You have the right to request that we disclose certain information to you about our collection, use and disclosure of your Personal Information.
2. Correction.  You can request that we correct what personal data our Platform database currently contains by contacting us to request that we correct or rectify any personal data that you have provided to us.
3. Limit Use and Disclosure of Sensitive Personal Information. If we collect any sensitive personal information, you have the right to request that we limit the use of the sensitive personal information to that use which is necessary to perform the services or provide the goods reasonably expected by an average consumer who requests those goods or services.  To submit a request to limit use of your sensitive personal information, please use the “Your Privacy Choices” link.
4. Portability.  Upon request and when possible, we can provide you with copies of your Personal Information.  When such a request cannot be honored, we will advise you accordingly. 
5. Deletion.  You have the right to request that we delete any of your Personal Information, subject to certain exceptions.
6. Third-Party Disclosures.  The right to request that we provide you with a list of parties to which we disclosed Personal Information.  If you live in Minnesota or Oregon, you may have the right to request a list of third parties to which we disclosed Personal Information. If you live in Delaware or Maryland, you may have the right to request a list of the categories of third parties to which we disclosed your Personal Information.  This Policy is intended to satisfy your right relating to the categories of third parties.
7. Opt-out of Processing. You have the right to request that we do not sell your Personal Information, use your Personal Information for targeted advertising, or use your Personal Information for profiling. Where applicable, we will ensure such changes are shared with trusted third parties.  You will be able to opt-out of cookie-based targeted advertising and sales, by using the “Your Privacy Choices” link in the footer of the website. If you use the Global Privacy Control (“GPC”) browser signal, you will only be opted out of cookie-based sales or sharing of Personal Information, and will need to turn it on for each browser you use. To submit a request to opt out of non-cookie-based sales and Targeted Advertising, please use the “Your Privacy Choices” link.
8. Non-Discrimination. If a consumer exercises his or her rights under applicable U.S. State Privacy Laws, we shall not discriminate against that data subject by denying our goods or services, charging different prices or rates to similarly situated consumers, providing a different level or quality of our goods or services, or taking any other adverse action.
9. Exercising your rights. If you are a consumer that has rights under applicable U.S. State Privacy Laws who chooses to exercise the rights listed above, you can:

1.     Submit a request via email at [email protected].

Only you, or someone legally authorized to act on your behalf, may make a request related to your Personal Information.  If an authorized agent makes a request on your behalf, we may require proof that you gave the agent permission to submit the request.  

Responding to Your Request. Upon receiving your request, we will confirm receipt of your request by sending you an email confirming receipt. To help protect your privacy and maintain security, we may take steps to verify your identity before granting you access to the Personal Information. In some instances, such as a request to delete personal information, we may first separately confirm that you would like for us to in fact delete your personal information before acting on your request.

We will respond to your request within forty-five (45) days. If we require more time, we will inform you of the reason and extension period in writing. You may have the right to appeal our decision regarding your request. If you would like to appeal our decision, please contact us using the contact information provided above.

In some cases our ability to uphold these rights for you may depend upon our obligations to process Personal Information for security, safety, fraud prevention reasons, compliance with regulatory or legal requirements, or because processing is necessary to deliver the services you have requested. Where this is the case, we will inform you of specific details in response to your request.

ADDITIONAL INFORMATION FOR CANADIAN RESIDENTS

If you are located in Canada, we collect, use and disclose your Personal Information in accordance with applicable Canadian privacy laws, including the Personal Information Protection and Electronic Documents Act (Canada) (“PIPEDA”) and any substantially similar provincial privacy legislation that may apply.

We collect, use and disclose Personal Information only for purposes that a reasonable person would consider appropriate in the circumstances and only with the knowledge and consent required by applicable law. Depending on the sensitivity of the Personal Information and the circumstances of collection, your consent may be express or implied. By creating an account, using the Platform, enabling device permissions, submitting information through the Platform, or otherwise interacting with us, you consent to the collection, use and disclosure of your Personal Information as described in this Policy. Without limiting the foregoing, where permitted by applicable law, you expressly consent to our collection, use and disclosure of Personal Information for personalized advertising, product recommendations, analytics, profiling, algorithm development, artificial intelligence improvement and commercial disclosure activities described in this Policy.

You may withdraw your consent to certain collections, uses or disclosures of your Personal Information at any time, subject to legal, contractual and technical restrictions and reasonable notice. Withdrawal of consent may affect our ability to provide certain features, products or services.

Canadian residents may request access to, correction of, or information regarding our use of their Personal Information by contacting us using the contact information provided in this Policy. We will respond to requests in accordance with applicable Canadian law.

Location Of Our Platform And Services

We do not warrant or represent that this Policy or the Platform’s use of your Personal Information complies with the laws of every jurisdiction.  Furthermore, to provide you with our services, we may store, process, and transmit information in the United States and other locations around the world, including countries that may not have the same privacy and security laws as yours.  Regardless of the country in which such information is stored, we will process your Personal Information in accordance with this Policy. 

 

For users located in Canada, Personal Information may be collected, processed, stored or accessed in the United States or other jurisdictions outside Canada where we or our service providers operate. As a result, Personal Information may be subject to the laws of those jurisdictions and may be accessible to courts, law enforcement agencies, national security authorities and regulatory authorities in accordance with applicable laws. By using the Platform or otherwise providing Personal Information to us, you acknowledge and consent to such transfers, processing and storage outside of Canada.

 

For Website Users Outside The United States

Under the (i) General Data Protection Regulation (Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, or GDPR), (ii) Data Protection Act 2018, (iii) the GDPR as it forms part of the law of England and Wales, Scotland and Northern Ireland (i.e., “UK GDPR”) as provided in the Data Protection Act 2018, and (iv) any other applicable data protection legislation of any country or other jurisdiction (collectively “International Data Protection Laws”) individuals have specific rights with respect to their Personal Information, or “personal data” as defined under the International Data Protection Laws.  For the purposes of this Policy, the Company operates as a data controller.  Any personal data we collect from you is processed in the United States and under the terms of this Policy.

 

Any personal data we collect from you is processed in the legitimate interest of our business and providing our services to you as the lawful means of such processing.  You may always withdraw your consent to our use of your personal data as described below.  We will only retain your personal data for the time necessary to provide you the information and services to which you have consented, to comply with the law and in accordance with your rights below.

 

The Data Controller is:

 

SWAN USA, LLC

401 S. Old Woodward, Suite 333

Birmingham, MI 48009

U.S.A.

 

Safeguarding the Information We Collect

 

We use reasonable technical, administrative, and physical safeguards in order to protect your Personal Information against accidental loss and from unauthorized access, use, alteration, and disclosure. However, we can never promise 100% security.  You have a responsibility to safeguard your information through the proper use and security of any online credentials used to access your Personal Information, such as a username and password.  If you believe your credentials have been compromised, please change your password. Please also notify us immediately of any actual or suspected unauthorized use of the Platform or your information.

 

 

 

Requirement Or Obligation To Provide Data

 

Unless expressly stated at the time of collection, the provision of data is not required or obligatory. Such an obligation may result from legal requirements or contractual regulations.

 

E-mail Newsletter

 

If you register for our newsletter, we will use the data required for this purpose or separately provided by you to send you our e-mail newsletter on a regular basis. The legal basis for sending the newsletter is your consent. The revocation of consent is possible at any time and can be done either by sending a message to the contact option described above or via the unsubscribe link provided for this purpose in the newsletter.

 

Log Files

 

Each time you access our Platform, usage data is transmitted by the respective Internet browser and stored in log files, the so-called server log files. The data records stored in this process contain the following data: Domain from which the user accesses the Platform, date and time of access IP address of the accessing computer Platform(s) visited by the user within the scope of the offer, amount of data transferred, browser type and version, operating system used, name of the Internet service provider, message as to whether the access was successful. These log file data records are evaluated in anonymized form in order to improve the offer and make it more user-friendly, to find and correct errors and to control the utilization of servers.

 

Registration

 

The mandatory information requested during registration is required because you can place orders in the store after registration and the mandatory information requested during registration is a prerequisite for order fulfillment. We process the personal data provided in this respect for the fulfillment of the contract. We require your date of birth as proof of age and for the purpose of unique personal identification. We need your e-mail address to send you an order confirmation and delivery notification. We will also process your data to the extent required by law to fulfill our archiving and retention obligations. We will process your registration information as long as you do not request its deletion, unless contractual or legal retention reasons prevent this.

 

Customer Account

 

When you create a customer account on this Platform, we collect Personal Information to improve our checkout process and customer support.

 

This may include the following information:

 

-       Your billing and shipping address(es)

-       Details of your orders (e.g., your shirt size)

-       Email address

-       Name

-       Phone number

 

Data processing is carried out for contract processing. If a corresponding consent has been requested, the consent can be revoked at any time. The legality of the data processing operations already carried out remains unaffected by the revocation.

 

Order Process

 

If you order a product via the SWAN application, your data will be processed for the fulfillment of the contractual service such as delivery and payment processing. The necessity of the data processing for the fulfillment of the purchase contract with you constitutes the legal basis. In addition, we use your data for direct advertising (i.e., to send you information about our products, services and promotions). The legal basis in this respect is our legitimate interest in winning you as a customer for this. You can object to the use of your data for the purpose of advertising at any time using the above contact details. Other recipients of the data in the context of processing the contract or order are logistics service providers (only address data) and payment service providers (only payment data), in the context of direct advertising also service providers for the dispatch of advertising material (only address data). The duration of the processing depends on the purpose of the fulfillment of the contract as well as possible associated further legal requirements for storage and provision of evidence. For direct advertising, we use the data as long as you have not objected.

 

As you go through the checkout process, this Platform may automatically complete your shipping and billing address by sharing your input with the Google Places API and making suggestions to improve your checkout experience.

 

Emails for Abandoned Shopping Carts

 

You will receive an automated email within twenty-four (24) hours of abandoning your cart if all the following apply:

 

1.     You enter your email address at checkout or are logged into your customer account.

2.     You add a product that is in stock to your cart.

3.     You close your browser or leave this Platform without completing your purchase.

 

You can unsubscribe from these messages at the bottom of each email.

 

The email links back to this website, where you can pick up exactly where you left off and complete your purchase.

 

Shipping

 

If you place an order via the SWAN application, we commission third party shipping service providers as order processors. The necessity of the data processing for the fulfillment of the purchase contract with you constitutes the legal basis. Without transmission of data to the latter, delivery of your ordered goods is not possible. We may pass on your e-mail address to a shipping service provider in order to give you the opportunity, in addition to tracking, to influence the delivery time and place of delivery of your package even if it is already on its way to you. In this respect, the legal basis is our legitimate interest in in offering you the usual market convenience in order processing and thus maintaining our competitiveness. You can object to the use of your e-mail for the purpose of delivery of parcel notification information by such service provider at any time, for example by clicking on the unsubscribe link at the end of the e-mail or by informing us at the above contact details that you wish to unsubscribe.

 

Status Of This Privacy Policy

 

We reserve the right to change this Policy at any time with effect for the future. This Policy describes our current policies and practices with regard to the information we collect through the Platform. We are continually improving and adding to the features and functionality of the Platform along with the products and services we offer through the Platform. If we make any changes to this Policy, a revised Policy will be posted on the Platform and the date of the change will be reported in the “Last Revised” block above. You can get to this page from any of our webpages by clicking on the “Privacy Policy” link (usually at the bottom of the screen).

 

How To Contact Us

We value your opinions and welcome your feedback. To contact us about this Policy or your Personal Information, please contact us by email at [email protected] or by mail at SWAN USA LLC, 401 S. Old Woodward, Suite 333, Birmingham, MI 48009 to the attention of the Customer Relations Team.