Swany America Corp.

Effective Date: April 21, 2018

Last Updated: September 14, 2018

Swany Corp respects the privacy of our website visitors, customers, partners, and employees. We believe it is important that you understand the kinds of data we collect about you, how we protect that data, and how it is used. We recognize the need for appropriate safeguards and management of Personal Data you provide to us. This Privacy Statement sets forth the privacy principles Swany follows with respect to your Personal Information. This privacy statement covers all Personal Information received by Swany at its website www.swanygloves.com

U.S.-EU PRIVACY SHIELD

Swany has certified that it complies with the U.S.-EU Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, retention and transfer of Personal Information from European Union (“EU”) member countries. Swany has certified that it adheres to the Privacy Shield Privacy Principles (the “Principles”) of Notice, Choice, Accountability for Onward Transfer, Security, Data Integrity and Purpose Limitation, Access, and Recourse, Enforcement and Liability. If there is any conflict between the policies in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification page, please visit https://www.privacyshield.gov/

Swany is subject to the jurisdiction, enforcement, and investigatory authority of the United States Federal Trade Commission. Any questions, comments, or complaints about the data practices (including, without limitation, compliance with data privacy principles of notice, choice, onward transfer, access, security, data integrity, or enforcement) of one of the clients or partners for whom Swany processes data, should be addressed to that client or partner.

GENERAL DATA PROTECTION REGULATION

Swany also complies with European Union (“EU”) regulations regarding the processing and movement of personal data including the General Data Protection Regulation 2016/679 (the “GDPR”). Swany believes privacy is a human right and supports the foundations of the GDPR including breach notification, the right to access, the right to be forgotten, data portability, and privacy by design.

THE SITE

INFORMATION COLLECTED BY Swany

We collect information about your use of the Site. This information falls into two categories: Personal Data and Non-Personal Data. We want you to be informed about what data is collected, when it is collected, and what we do with the data. Unless otherwise stated, we do not share any of this data with third parties.

PERSONAL DATA

Personal Data is any information relating to an identified or identifiable natural person. Personal Data is data that makes it possible to identify you by reference to an identifier such as your name, identification number, location data, or other specific data points. Such information may include your name, address, email, telephone number, fax number, company, Site user name, Site password, billing or credit card information, or other similar information.

We collect Personal Data when you:

Register for an account or support account on the site

With your consent, Swany collects the information you provide us such as you name, email address, physical address, employer information, username, location information, IP address and the like.

Request information about products or services.

With your consent, Swany collects the information you provide us such as your name, email address, employer information, country of residence, and phone number.

Register for an event, answer a survey, or correspond with us.

With your consent, Swany collect the information you provide us such as your name, email address, employer information, country of residence, and phone number.

Download technical resources such as Swany Whitepapers

With your consent, Swany collects the information you provide us such as your name, email address, employer information, country of residence, and phone number.

Apply for a Job on the Site

Swany collects information provided by you to evaluate your suitability for positions to which you apply. This information may include: your email address, name, address, location information, telephone numbers, work authorization information, gender, race, veteran status, work history, education history and the like.

Swany ‘s USE OF PERSONAL DATA COLLECTED ON THE SITE

Swany uses the personal data it collects through the Site to send you information about products or services, to respond to requests for technical or customer support; to track compliance with the Site’s rules and policies; to contact you in regards to Swany products or services, to deliver technical resources and documents to you in email form, to provide you with Swany newsletters and other documents, to coordinate communication with you regarding events you have registered to attend, and to evaluate applicants for jobs listed on the Site. You have the option to opt-out of any secondary communications such as promotional communications by clicking on “opt-out” or “unsubscribe” on emails sent by Swany. Swany stores personal data in encrypted form on U.S. based servers. Swany retains the personal data it collects on the site for no more than seven (7) years.

DATA ACCESS REQUESTS AND RIGHTS TO CORRECTION & ERASURE

The General Data Protection Regulations (GDPR) provides you with a right to receive a copy of the data/information we hold about you or to authorize someone to act on your behalf. To request this information, please complete the form located at https://kibocommerce.com/GDPR. Swanyresponds to data access requests within 30 days receiving a completed request form with proof of identity.

The GDPR also provides you with a right to erasure and/or rectification (correction) of Personal Data in certain circumstances. To request erasure or correction of Personal Data collected by the Site, please complete the form located at https://kibocommerce.com/GDPR. Swany responds to requests for erasure within 30 days of receiving a completed request form with proof of identity.

If you are a California resident, California Civil Code Section 1798.83 permits you to request information regarding the disclosure of your personal information by Swany to its affiliates and/or third parties for their direct marketing purposes. To make such a request, please complete the form located at https://kibocommerce.com/GDPR. Swany responds to requests for erasure within 30 days of receiving a completed request form

NON-PERSONAL DATA

Non-Personal Data (“NPD”): NPD is information that cannot reasonably be used to identify or contact you. Such information may include browser information, domain names, and other anonymous or anonymized statistical data related to use of the Site.

The Site collects NPD to monitor user traffic patterns and Site usage. We may link some of this NPD to Personal Data for purposes such as personalizing and improving your experience on the Site and for general Site evaluation. More specifically, browser information is collected when you are using the Site through log files and third-party scripts that automatically collect information that may include, browser type, internet service provider, referring/exit pages, number of clicks, date/time stamp, and other similar information. Log files and third-party scripts may also collect general demographic and visit information. We use these log files and third-party scripts to help us analyze trends and to improve the value of the Site and services. Finally, we may also use third party scripts to collect NPD that is necessary to optimize effectiveness of advertisements appearing on other parties’ sites.

We also collect NPD which involves cookies, action tags, and web beacons. Cookies are stored on your computer’s hard drive and identify your web browser and the activities of your computer on the Site and other websites. Most browsers accept cookies automatically, but you may disable them. Cookies help us facilitate efficient site navigation, improve your experience on the Site and to allow us to take note of visits to the Site and show relevant ads on our website and across the Internet. Action tags, also known as web beacons or single pixel GIFs, are a web technology used to help track website usage information, such as how many times a specific page has been viewed.

Action tags are invisible to you. Any portion of the Site, including advertisements or emails sent on our behalf, may contain action tags. Action tags can be used to count Site users, to deliver co-branded services, or to determine whether email messages have been opened or acted upon. Action tags may be used to conduct research on behalf of certain clients, to compile statistics for advertising purposes, for auditing purposes, or to report certain aggregate information.

By using cookies and action tags together, we are able to gather information to improve the Site and measure the effectiveness of our advertising and marketing campaigns. Embedded URLs allow use of the Site without cookies and we utilize them as a tracking tool to collect NPD. Embedded URLs are exhibited as plain text or encoded extensions to the URL that appear in the browser address or location toolbar. They provide limited NPD about navigation on the Site during the current session.

THIRD PARTIES

As part of Swany operation of its Site, we may contract with third-party providers to perform certain functions. These third parties may have access to Personal Data and NPD to the extent necessary to permit them to assist Swany in performing the functions set forth above. The Site contains links to other sites. Please be aware that Swany is not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave the Site and to read the privacy statements of each and every website. This Privacy Statement applies solely to information collected by this Site and the Swany eCommerce Services.

Swany Client websites may contain links to third-party sites for Visitors’ convenience and/or information. If a Visitor accesses those links, he/she will leave the Swany client’s website and be re-directed to a third-party site. Swany does not control those sites or the privacy practices of those third-party sites, which may differ from Swany privacy practices and those of our client. We do not endorse or make any representations about third-party websites, and the personal data Visitors choose to provide to third-party websites is not covered by this Privacy Statement. We encourage Visitors to review the Privacy Statement of any Website or company before submitting their Personal Information to them.

FORUMS

We provide online forums as a means for our clients and other users of the Swany eCommerce Services to communicate. If you use a forum, you should be aware that any personally identifiable information you submit through a forum can be read, collected, or used by other users of these forums, and could be used to send you unsolicited messages. Swany cannot be responsible for the PII you choose to submit in these forums.

Swany AS A DATA PROCESSOR

DATA PROCESSED BY Swany

Swany is a Software-as-a-Service eCommerce platform that supports the businesses of many client retailers (“Data Controllers”). As a service provider, Swany processes both Personal Data and Non-Personal Data on behalf of its clients, the Data Controllers.

Swany Platform Services: