Swivl, Inc. Privacy Policy

Swivl, Inc. Privacy Policy effective March 15, 2023

Privacy Policy Overview

This policy, including any applicable Subscription Agreement (collectively, the “Privacy Policy”), tells you how Swivl (“Swivl”, “we” or “us”) uses personal information collected through Reflectivity (formerly known as Swivl Teams) or the Swivl Capture apps that you access on this site (collectively the “site” or “website”).

Swivl is a Privacy Pledge Signatory and works to safeguard student privacy regarding the collection, maintenance, and use of student personal information.

This site is a service intended for users in educational settings with policies aimed to protect children and student data. The policies are separate and unique from our website Swivl.com. The main purpose of Swivl.com is marketing. It is not intended for use or by users in educational settings and thus does not gather student data. When you click on a link from Reflectivity to one of our other sites, you are going to a separate site and your use will be governed by the terms of that site and no longer be governed by the terms of this site. Please refer to the posted policies of each site for more information.

Please read this Privacy Policy before using the site or submitting any personal information. By using the site, you are accepting the practices described in this Privacy Policy.

We may revise and update this Privacy Policy from time to time. We will provide notice and require consent for any material changes to this policy before using.

*Note: the privacy practices set forth in this Privacy Policy are for this web site only. If you link to other web sites, please review the privacy policies posted at those sites.

Summary of updates March 15, 2023:

Rebranding of the service name from Swivl Teams to Reflectivity. No other policy changes. See previous policy for reference.

Privacy Policy

Use of Cookies/Do Not Track

Swivl uses cookies to store visitors’ preferences and to record session information in order to optimize user experience. We do not link the information we store in cookies to any personal information you submit while on our site. You may be able to configure your browser to accept or reject all or some cookies, or notify you when a cookie is set, so check the “Help” menu of your browser to learn how to change your cookie preferences. We do not respond to “do-not-track” signals or other mechanisms that allow users to signal their preferences on the collection of their personal information over time and across third-party web sites or online services.

To opt-out of our use of cookies, you can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from websites you visit. If you do not accept cookies, however, you may not be able to use all aspects of our Services.

How we Collect, Use and Disclose Non-Personal Information

For each visitor to our websites, we collect non-personally-identifiable information including IP address, profile information, aggregate user data, preferences, technical session information, browser type (“non-personal information”). If you arrived at our website via a link from another webpage, we also may receive aggregate or otherwise anonymous statistical information about your visit to our site. We also use information collected from cookies and other anonymous identifiers to improve your user experience and the quality of our services. If you give us personal information, we may remove the identifiers and aggregate it, in which case it also becomes non-personal information. We may use non-personal information to manage the site, track site usage and improve overall site performance. We will not use non-personal information for any reason other than the purpose for which it was collected, authorized for use, or as identified in this policy. We may use or share aggregate non-personal information for any reason.

What Personal Information We Collect

We collect personal information (“personal information”), like names, birth year, postal addresses, email addresses, images and videos of your likeness etc., only when voluntarily submitted by you. This information may be provided in the form of videos, comments, photos or forms that contain personal information. We may offer some services on or in collaboration with other Internet web sites, or through third party applications such as gadgets or extensions. Personal information that you provide to those third-party sites may be sent to us so that we can deliver the requested service. We process such information under this Privacy Policy. Any information collected when you enable a third party application on our site is processed under our Privacy Policy. However the use of that information by the third party application provider to whom it is given is governed by their privacy policies. We also may collect and store personal information about other people that you provide to us. If you use our website to send others information that may interest them or messages through our system, we may store your personal information, and the personal information of each such recipient. Similarly, if you use our website to upload, share and/or distribute content (including videos, comments or other submissions), and such content contains personal information about others, such information may be stored in order to allow for such uploading, sharing and/or distribution. By submitting information on other individuals, you represent and warranty that you are authorized to do so and that you have any legally required consents to provide such information.

How We Use and Disclose Personal Information

We only use or process personal information in a way that is compatible with and relevant for the purpose for which it was collected or authorized for use. We may use personal information we collect to provide the service or transaction you requested, and importantly, to maintain and improve the services we provide, including for example by providing you with a better user experience when accessing our services. We may use your personal information to respond to your requests. Our use of information other than for the purpose of completing a requested transaction or service is on an opt-in basis. This means that you will not receive communications from us regarding, for example, specials, new products or new services, unless you have given us affirmative permission to receive such communications.

How We Protect Children’s Privacy

Children under the age of sixteen can use the Reflectivity services with the consent of a parent or guardian using Student accounts. A Teacher can also provide consent and assume responsibility for obtaining the appropriate parental consent. Swivl does not knowingly accept, collect, maintain or use any information from any child under the age of sixteen without the appropriate consent. If a child whom Swivl knows or suspects to be under the age of sixteen sends personal information to us online without appropriate consent, we will only use that information to respond directly to that child, notify the parents or guardian, or seek parental or other appropriate consent. Teachers, parents, or guardians can at any time request deletion of data or of the entire account.

Retention of Data and Authorized Data Processors

We may share your personal information with our authorized service providers (sub-processors) that perform certain services on our behalf. These services may include providing customer service, performing business analysis and supporting our website functionality or other services that are necessary to operate the site. We do not disclose any personal information to authorized service providers from Student Account holders beyond what is necessary to operate the site and provide the services. See our List of Sub-processors.

These sub-processors have access to your Personal Information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

In cases of onward transfer to sub-processors of Personal Information received, Swivl is potentially liable.

If you chose to opt out from your Personal Information being shared with Swivl sub-processors or used by Swivl, please contact support@swivl.com to have your account disabled and all Personal Information erased.

We do not disclose any personal information from student account holders with our business partners. We may share personal information of non-student users with the businesses with which we partner to offer certain products and services. When you elect to engage in a particular offer or program from a third party (for example, through any link that may appear on our website), you authorize us to provide your email address and other information to that third party.

How To Access and Control Your Information

You, and parents/guardians of users under the age of sixteen have the right to request a copy of your information, to object to our use of your information, to request the deletion of your information, to correct your personal information, and to request your information in a structured, electronic format. Below, we describe the tools and processes for making these requests. For all other requests, you may contact us as provided in the Contact Us section below to request assistance. Once we have received your request, we will review it and will endeavor to act on your request within 30 days of receipt. We may need to request specific information from you to help us confirm your identity as necessary to act upon any of the foregoing types of requests.

Your request and choices may be limited in certain cases: for example, if fulfilling your request would reveal information about another person, or if you ask to delete information which we are permitted by law or have compelling legitimate interests to keep. If you have unresolved concerns, you may have the right to complain to a data protection authority in the country where you live, where you work or where you feel your rights were infringed.

You may opt out of receiving promotional communications from us by using the unsubscribe link within each email or by contacting us as provided below to have your contact information removed from our promotional email list or registration database.

Other Situations That Require Sharing of Your Data

– In response to a subpoena or similar investigative demand, a court order, or a request for cooperation from law enforcement or other government agency; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law. In such cases, we may raise or waive any legal objection or right available to us, in our sole discretion.

– When we believe disclosure is appropriate in connection with efforts to investigate, prevent, report or take other action regarding illegal activity, suspected fraud or other wrongdoing; to protect and defend the rights, property or safety of our company, our users, our employees, or others; to comply with applicable law or cooperate with law enforcement; or to enforce our Legal Terms or other agreements or policies.

– In connection with a substantial corporate transaction, such as the sale of our business, a divestiture, merger, consolidation, or asset sale, or in the unlikely event of bankruptcy.

Information for Residents of the European Economic Area or Switzerland and outside USA

Swivl’s services are hosted and operated entirely within the United States of America, and any information you submit to us is presumed to be hosted on servers located within the USA. By submitting information to us you consent to this transfer of your personal information to the United States.

Customers who purchased Reflectivity accounts are able to specify EU, Australia, Canada, Singapore, or US as the preferred content storage location.

European Union customers should review Data Processing Addendum, which reflects the parties’ agreement with respect to the Processing of Personal Data in connection with the requirements of Data Protection Laws.

Because the United States has not received an “adequacy finding” from the European Commission under Article 45 of the General Data Protection Regulation (GDPR), Swivl relies on lawful mechanisms for transfer available under Article 46 of the GDPR, as well as derogations for specific situations as set forth in Article 49. Swivl collects and transfers personal information to the United States only with your consent, to perform its contract with you, or to fulfill a compelling legitimate interest that does not outweigh your rights or freedoms. Swivl has withdrawn from the EU-U.S. Privacy Shield Framework and Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union and Switzerland to the United States. While Swivl was a signatory to the EU-U.S. Privacy Shield Framework, that Framework has been invalidated by European and Swiss regulators. As a new framework is developed, Swivl will rely on appropriate standard contractual clauses approved by European regulators for data transfers from the EU, Switzerland, or U.K. to the United States.

EU and Swiss individuals with inquiries or complaints regarding our personal data processing should contact Swivl at eudatarep@swivl.com or by mail at Swivl Inc, 1450 El Camino Real, Menlo Park, CA 94050, or the appropriate data protection authorities in the European Economic Area.

How we Approach Security

We have implemented generally accepted standards of technology and operational security in order to protect personal information from loss, misuse, alteration, or destruction. We will use our reasonable efforts to limit access to your personal information to our authorized personnel and third party vendors, and these employees and vendors are required to treat this information as confidential. Despite these precautions, we cannot guarantee that unauthorized persons will not obtain access to your personal information.

Sharing & Social Media Guidelines

The Swivl uses social sharing buttons which help share web content directly to the social media platform in question. Users are advised before using such social sharing buttons that they do so at their own discretion and note that the social media platform may track and save your request to share a web page respectively through your social media platform account. Your use of these platforms is governed by their respective privacy policies and terms.

California Privacy Rights

California Civil Code Section § 1798.83 permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, send an email to support@swivl.com

Additional Terms for Authorized Users of Reflectivity Services

Reflectivity – General Terms

This section applies to you if you are an Authorized User of our Reflectivity services (“Reflectivity services”). An “Authorized User” means an educator, student, parent or other person associated with a customer who has purchased a subscription to our Services (the “Subscriber”). Your right of access to Reflectivity services as an Authorized User is conditioned on your continued association with the Subscriber, and if you are no longer associated with the Subscriber, you will no longer have access to these Reflectivity services.

The Reflectivity services may include a communications service, such as the ability to forward Educational Content to others. If you use the Reflectivity services to post information about yourself or others, or communicate with others; upload content (e.g. pictures, videos, audio files, etc.); and post comments or reviews of content, such postings are governed by our Legal Terms. In addition, such postings may appear on other websites or when searches are executed on the subject of your posting. Also, whenever you voluntarily disclose personal information on publicly-viewable web pages, that information will be publicly available and can be collected and used by others. For example, if you post your email address, you may receive unsolicited messages. We cannot control who reads your posting or what other users may do with the information you voluntarily post, so we encourage you to exercise discretion and caution with respect to your personal information. Once you have posted information, you may not be able to edit or delete such information.

In addition, the Reflectivity services and information stored on the Reflectivity services are not private or confidential as between you and the Subscriber, and you should have no expectation of privacy in any part of them. Although each user has an individual password to access the Reflectivity services, the Reflectivity services and all account information created through or hosted on the Reflectivity services belongs to the Subscriber and/or Swivl, and all parts of the Reflectivity services are accessible by the Subscriber and Swivl management and other personnel as described below in the section on Swivl Policies. The Subscriber has the right to monitor the Reflectivity services and your usage at their discretion.

If you are accessing the Reflectivity services through an institutional Subscriber, please note that the Subscriber may authorize one more Reflectivity Institutional Account Administrators who will have additional visibility to your data.

User Video Access

Other users of Reflectivity services cannot see or access the information you post through Reflectivity services unless you deliberately share public links to projects or share projects via email or group. You are responsible for the content of anything you post.

Retention of Educational Records

We keep your personal information for as long as necessary to fulfill the purposes for which it was obtained. The criteria used to determine our retention periods include (i) for as long as we have an ongoing relationship with you or your company, (ii) as required by a legal obligation to which we are subject, and (iii) as necessary to comply with legal obligations.

Users are responsible for determining the duration necessary to retain content for educational purposes. When the educational purpose is complete, it is recommended that users delete the content. Note that content deleted by the user is retained for 30 days for recovery purposes due to accidental deletion (per user request) and then removed permanently from the Reflectivity storage servers. This ensures that data is not retained any longer than is required for educational purposes.

Access to Information Posted by Reflectivity services Users

Swivl employees are prohibited from viewing the content of files you store in your account other than for the purposes of providing the Reflectivity services. Employees may access file metadata (e.g., file names and locations) when they have a legitimate reason, like providing technical support. Like most online services, we have a small number of employees who must be able to access user data for the reasons stated elsewhere in this Privacy Policy (e.g., when legally required to do so). A very select number of employees (senior engineering leadership) have the ability to access video data only when legally required or requested by a Subscriber for technical support.

Contact Us

If you have any questions, please contact us at:

Swivl, Inc.
1450 El Camino Real, Menlo Park, CA 94025
support@swivl.com

For European privacy related inquiries, contact us at: eudatarep@swivl.com