ShipSwim LLC. (d/b/a
ShipSWIM) (“ShipSWIM”, “we”, “our” or “us”) offers a software platform
and suite of services intended to help our Customers run their
businesses more efficiently and effectively. We collect data about these
businesses and their customers and end users (“Data”) when they use the
Applicability of this
applies to ShipSWIM’s online service tools and platform, including,
without limitation, the associated ShipSWIM mobile and desktop
applications (collectively, the “Services”), ShipSWIM.com and other
ShipSWIM websites (collectively, the “Websites”) and other interactions
(e.g., customer service inquiries, etc.) you may have with ShipSWIM. If
you disagree with the practices or terms described in this policy, you
should (a) take the necessary steps to remove cookies from your computer
after leaving our website, and (b) discontinue your use of or access to
our Services, Websites, or any other aspect of ShipSWIM’s business.
does not apply to any third-party applications or software that
integrate with the Services through the ShipSWIM platform (“Third Party
Services”), or any other third-party products, services or businesses.
In addition, a separate agreement governs delivery, access and use of
the Services (the “Customer Agreement”), including the processing of any
messages, files or other content submitted through Services accounts
(collectively, “Customer Data”). The organization that entered into the
Customer Agreement (“Customer”) controls its instance of the Services
and any associated Customer Data. If you have any questions about
specific Customer settings and privacy practices, please contact the
Customer whose workspace you use.
We comply with relevant
privacy laws, including the European Union’s General Data Protection
Regulation (“GDPR”) and the California Consumer Privacy Act (“CCPA”).
Categories of Collected Data
- Personal Data. Data that identifies, or
that could reasonably be used to identify, an End User as an
individual, or our Customer as an individual, is considered “Personal
Data”. We collect Personal Data when an End User registers for an
ShipSWIM account, and when a Customer sends us Customer Data. The
Personal Data we collect includes contact details such as name, email
address, phone number, and address. We only collect Personal Data that
is relevant to providing and improving our Services for our Customers
and End Users.
- Other Data. Data other than Personal Data
is considered “Other Data”. Other Data includes, for example,
collecting files that record interaction with the Service (System
Logs) or other Personal Data (such as IP Address) for operation and
maintenance purposes. ShipSWIM collects, generates and/or receives
Other Data through a variety of sources, including when submitted to
our Websites, participation in a focus group, contest, activity or
event, applications for employment, request support, interactions with
our social media accounts or otherwise communicate with ShipSWIM. One
particular source for Other Data is Cookies and similar technologies
that record Data about the use of our Websites, and the use of our
Services generally. Other Data that we may collect includes browser
and device data, transaction data, Cookie and tracking technology
data, and authorized third-party account data.
- Third-Party Data. ShipSWIM may receive
data about organizations, industries, lists of companies that are
customers, Website visitors, marketing campaigns and other matters
related to our business from parent corporation(s), affiliates and
subsidiaries, our partners, or others that we use to make our own
information better or more useful. This Data may be combined with
Other Data we collect and might include aggregate-level data, such as
cities, zip codes or countries.
Certain Data is
collected automatically and, if some Data is not provided, we may be
unable to provide the Services.
How We Use and Process
We use and process Data
to provide our Services, in accordance with Customer’s instructions,
including any applicable terms in the Customer Agreement and Customer’s
use of Services functionality, and as required by applicable law. We
take reasonable steps to ensure that the Data is (i) needed for
ShipSWIM’s Services, and (ii) accurate, complete, and current.
uses and processes collected Data in the following ways:
- Personal Data. We use Personal Data to
provide the Services, contact the End User and Customer in the
ordinary course of business, authenticate the End User and Customer,
handle payments, respond to inquiries, send service notices, and
provide customer support. ShipSWIM will share and disclose Personal
Data in accordance with a Customer’s instructions, including any
applicable terms in the Customer Agreement and Customer’s use of
Services functionality, and in compliance with applicable law and
NOTE: WE DO NOT SELL PERSONAL DATA TO THIRD PARTIES UNDER ANY
- Other Data. We may use Other Data for a
range of different purposes, provided we comply with applicable law
and our contractual commitments.
- To provide, update, maintain and protect
our Services, Websites and business. This includes use of Other Data
to support delivery of the Services under a Customer Agreement,
prevent or address service errors, security or technical issues,
analyze and monitor usage, trends and other activities, or at an
authorized Customer’s request.
- As required by applicable law, legal
process or regulation.
- To communicate with you by responding to
your requests, comments and questions. If you contact us, we may use
your Data to respond.
- To send emails and other communications.
We may send you service, technical and other administrative emails,
messages, and other types of communications. When ShipSWIM collects
information through its marketing activities (including website and
conference visitors, webinar subscribers and newsletter recipients),
we act as a “Data Controller” as defined under GDPR—relying upon GDPR
Sections 6(1)(a), (b), (c) and (f) for the lawful right to process
your data—and as a “Business” as defined under CCPA.
- For billing, account management and other
administrative matters. ShipSWIM may need to contact you for
invoicing, account management and other similar reasons, and we use
account data to administer accounts and keep track of billing and
- To investigate and help prevent security
issues and abuse.
If Data is aggregated
or de-identified so that it is no longer reasonably associated with an
identified or identifiable natural person, ShipSWIM may use it for any
business purpose, in accordance with applicable law.
How We Share and
This section describes
how ShipSWIM may share and disclose Data.
- Data Processor. Generally, where ShipSWIM
provides services to a Customer, the Customer acts as the Data
Controller and processes the Data of End Users, including Other Data.
Where the Customer is the Data Controller, the Customer represents and
warrants that it shall take appropriate security measures to prevent
unauthorized access, disclosure, modification or unauthorized
destruction of the Data. ShipSWIM acts as the Data Processor on behalf
of its Customers. When acting as a Data Processor, we use the
following subprocessors: Amazon Web Services and Voonami. We require,
by contract, that these subprocessors adhere to standards
substantially similar, and at least as protective, to those set forth
herein and provide the same level of protection as required by the
Privacy Shield Principles.
- Non-Discrimination. ShipSWIM does not
differentiate or discriminate between how it treats its End Users,
whether or not they exercise their rights under the CCPA. This means
we do not charge different prices or rates for goods or services,
including through the use of discounts or other benefits, imposing of
penalties, or providing a different level or quality of goods or
services to you, based upon your exercise of rights under the CCPA.
- Third Party Service Providers and
Partners. We may engage third-party companies or individuals as
service providers or business partners to process Other Data and
support our business.
- Corporate Affiliates. ShipSWIM may share
Other Data with its corporate affiliates, parents and/or subsidiaries.
- A Change to ShipSWIM’s Business. If
ShipSWIM engages in a merger, acquisition, change of control (whether
by operation of law or otherwise), bankruptcy, dissolution,
reorganization, sale of some or all of ShipSWIM’s assets or stock,
financing, public offering of securities, acquisition of all or a
portion of our business, a similar transaction or proceeding, or steps
in contemplation of such activities, some or all Personal Data or
Other Data may be shared or transferred as assets, subject to standard
confidentiality arrangements. You acknowledge that such transfers may
occur, and that any acquirer or successor of ShipSWIM may continue to
use your information as set forth in this policy without additional
consent from you, provided such entity agrees to the provisions of
- Aggregated or De-identified Data. We may
disclose or use aggregated or de-identified Data for any purpose. For
example, we may share aggregated or de-identified Data with prospects
or partners for business or research purposes, such as telling a
prospective ShipSWIM customer the average amount of time to ship goods
using a particular carrier from one zip code to another.
- To Comply with Applicable Laws,
Regulations, or Legal Processes. We may need to disclose Personal Data
or Other Data in response to lawful requests by public authorities,
where we reasonably believe (i) there are legitimate law enforcement
or national security reasons, (ii) such action is necessary to comply
with a judicial proceeding or court order, and/or (iii) such action is
otherwise required by applicable law
- To Enforce Our Rights, Prevent Fraud, and
For Safety. We may need to protect and defend the rights, property, or
safety of ShipSWIM or third parties, including enforcing contracts or
policies, or in connection with investigating and preventing fraud or
- With Consent. ShipSWIM may share Personal
Data or Other Data with third parties when we have consent to do so.