Privacy Policy

Introduction

Thank you for using Swig Stores, LLC ("Swig", "we," our or "us"). We are committed to protecting your privacy and, for that reason, we have adopted this Privacy Policy to explain our data collection, use, and disclosure practices for the Swig services, including the www.swig.com website (our "Website"), our mobile app (our "Mobile App"), and and web-based applications, and any other tools, products, or services provided by Swig that link to or reference this Privacy Policy (collectively, the “Sites”).

If you reside in the State of California, please click here to learn more about your privacy rights. To the extent that there is a conflict between this Privacy Policy and the Privacy Notice for California Residents, the Privacy Notice for California Residents will prevail with respect to California Consumers (as defined below) only.

If you reside in the States of Nebraska, Texas, or Utah, please click here to learn more about your privacy rights. To the extent that there is a conflict between this Privacy Policy and the Privacy Notice for Covered Residents, the Privacy Notice for Covered Consumers will prevail with respect to Covered Consumers (as defined below) only.

This Privacy Policy applies to information Swig collects through the Sites, as well as other information provided to us online or offline by third parties, when we associate that information with customers or users of the Sites; however, it does not apply to information collected from our employees, contractors, or vendors. It also does not apply to information that you ask us to share with third parties or that is collected by certain other third parties whose software or services are featured or included in the Sites (as further described below).

This Privacy Policy describes, among other things:

• Personal Information and other information we may collect about you;
• How we use your information;
• How we may share your information with third parties; and
• Your choices regarding the Personal Information we collect about you.

1. Consent

By accessing or using the Sites, you consent to this Privacy Policy. If you do not agree with this Privacy Policy, please do not access or use the Sites. Information gathered through the Sites may be transferred, used, and stored in the United States or in other countries where our service providers or we are located. If you use the Sites, you agree to the transfer, use, and storage of your Personal Information (as defined below) in those countries. The data protection and other laws of the United States and other countries might not be as comprehensive as those in your country. You agree that all transactions relating to the Sites or Swig are deemed to occur in the United States, where our servers are located.

2. Collection of Your Personal and Other Information

When you register for or use our Sites, we collect Personal Information. By “Personal Information” we mean information that can identify or reasonably be linked to an individual, such as:

• Names;
• Mailing address;
• Physical address (if delivery is requested);
• Email addresses;
• Phone numbers;
• Your precise location which is necessary for optimum Mobile App functionality;
• Credit card information (which you submit for payment purposes, and which is collected by our payment provider); and
• Information contained in any image, photograph or profile you submit to us.

We collect this information:

• Directly from you when you provide it to us when you visit one of our stores;
• Directly from you when you send or respond to an email, text message or completing a form accessed through social media networks;
• Directly from you when you participate in one or more campaigns which we sponsor such as "Save the Cups;" and
• Automatically as you navigate through the Sites. Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies, as further described below.

Our Website may link with social media platforms, including Meta (formerly Facebook), Instagram, YouTube, and TikTok. When you link a social media account to our Website, then we may collect information about that social media account and share information with that social media account as described in the connection process. This collected information may include, but is not limited to, your name, email address, demographic information from your profile, friend lists, postings or other content, and your profile picture. You acknowledge and agree that Swig is not responsible for the data collection or use practices of any such linked social media platform. You should read each social media platform’s privacy policy before linking that social media account.

You may choose not to provide Personal Information, (subject to the controls offered by your personal device’s (e.g., mobile device, laptop, or desktop computer) operating system), but this may prevent you from receiving certain features of the Website.

We also may use technology from our third-party Service Provider (as defined below), to collect user chat data, which generates a transcript of your communication with us after our conversation has concluded. Data collected may also include technical and usage data. Our use of this data is limited to providing information you have requested, processing any transactions you have requested, helping us understand how users interact with our Website and to design a better user experience for you.

We also collect non-Personal Information relating to the Sites, that is, information that does not personally identify an individual (“Non-Personal Information”). The non-Personal Information we collect includes how you interact with the Sites, information generally collected or “logged” by Internet websites or Internet services when accessed or used by users, and information about your web browser or device accessing or using the Sites.

Examples of the non-Personal Information we collect are:

• The pages of our Website that you viewed during a visit or the features of the Mobile App you use;
• What information, content or advertisements you view or interact with using the Sites;
• Language preferences;
• The city and state in which you are located (but not your precise geographic location); and
• Unique identifiers that are not connected and cannot reasonably be connected to your identity.

We will not use non-Personal Information to try to identify you, and if we associate any non-Personal Information with information that personally identifies you, then we will treat it as Personal Information. As discussed in more detail below, we sometimes use cookies and other automatic information gathering technologies to gather Personal Information and non-Personal Information.

Information collected by the Sites may be collected by us or one of the third parties we utilize in providing the Sites (as further described below).

3. Use Your Information

We may use the information we collect to:

• Present our Sites and content provided therein to you;
• Verify your identity in connection with creating an account;
• Assist us in providing, maintaining, and protecting the Sites;
• Set up, maintain, and protect accounts to use the Sites;
• Process or record payment transactions;
• Deliver, operate, provide, maintain, enhance, personalize, tailor, and facilitate your use of the services available on our Sites;
• Communicate with you about products, services, contests, promotions, discounts, incentives, gift cards, loyalty programs, and rewards;
• Develop new products and services, provide optimization, statistical analytics, and improvement to our services;
• Send or display offers and other content that is customized to your interests or preferences;
• Prevent fraud and other misuse;
• Manage and maintain the systems that provide the Sites; and
• Comply with our legal obligations and exercise our legal rights.
• Improve the design and functionality of our Sites; and

4. Disclosure of Your Information

We may disclose your Personal Information to third parties as described below.

We may disclose Personal Information to provide the Sites, or when you authorize or instruct us to do so, for example, when you use the Sites to submit content or profile information We may disclose Personal Information and non-Personal Information to Service Providers. By “Service Providers” we mean companies, agents, contractors, and other parties engaged to perform functions on our behalf (such as processing of payments, provision of data storage, hosting of our Website, marketing of our products and services, and conducting audits). When we use a Service Provider, we require that the Service Provider use and disclose the Personal Information received from us as necessary to provide services on our behalf or as required by applicable law. Examples of key Service Providers we use include:

• Mobile App: You access our mobile apps by downloading them from the Google Play Store and Apple App Store. The mobile apps are hosted by our Service Provider, Baskt, Inc. (doing business as Crisp). Any information you provide through our mobile app is governed by the privacy policy found at here. Except for aggregated data, we do not collect, process or store any Personal Information submitted to this Service Provider.
• Menu: You access the menu from our Sites, but it is hosted by our Service Provider, Baskt, Inc. (doing business as Crisp). Any information you provide through our menu is governed by the privacy policy found at here.
• Shop Swig: You access the Swig Shop from our Sites, but it is hosted by our Service Provider, iubenda s.r.l. Any information you provide through the Swig Shop is governed by the privacy policy found at here.
• Careers: You access employment opportunities with Swig from the Careers tab on our Sites, but it is hosted by our Service Provider, Harri. Any information you provide through the Careers tab is governed by the privacy policy found at here.

We may also disclose Personal Information and non-Personal Information to Online Tool Providers. By “Online Tool Provider” we mean a licensor of software that we include in, or use with, the Sites, including an API or SDK, that provides a specialized function or service to us and that requires the transmission of Personal Information and/or non-Personal Information to the Online Tool Provider.

Additionally, we may disclose Personal Information to our Payment Providers, if any. A “Payment Provider” is a third party payment gateway provider or provider of other payment services. Payment Providers may be regulated as financial services companies and/or subject the rules of the payment card networks. Therefore, Personal Information received by a Payment Provider may be used for its own purposes, including compliance with legal and audit obligations.

We may also disclose your Personal Information to third parties when we believe, in good faith and in our sole discretion, that such disclosure is reasonably necessary to (a) enforce or apply the terms and conditions of the Sites, including investigation of potential violations thereof, (b) comply with legal or regulatory requirements or an enforceable governmental request, (c) protect the rights, property or safety of us, our users or other third parties, (d) submit insurance claims, cooperate with insurance investigations, and fulfil insurance subrogation activities, (e) prevent a crime or protect national security, or (f) detect, prevent or otherwise address fraud, security or technical issues.

Finally, we reserve the right to transfer information (including your Personal Information) to a third party in the event of a sale, merger, or transfer of all or substantially all of the assets of our company relating to the Sites, or in the unlikely event of a bankruptcy, liquidation, or receivership of our business. We will use commercially reasonable efforts to notify you of such transfer, for example, via email or by posting notice on our website.

5. Cookies and Automatic Information Gathering Technologies

Every time you use the Sites (e.g., access a Website webpage, or navigate to a specific location within the Mobile App), we collect Personal Information and non-Personal Information (discussed above in Section 2) regarding that use. For example, to improve our Sites, we collect how, when, and which parts of the Sites or their features you use. Also, we may use your device’s unique identifier (UDID) or other unique identifiers to assist us in collecting and analyzing this data.

To assist us in collecting and storing this non-Personal Information, we may employ a variety of technologies, including “Cookies,” local browser storage, and “web beacons,” “pixels,” or “tags.” A “Cookie” is a small amount of data a website operator, or a third party whose content is embedded in that website, may store in your web browser and that the website operator or, as applicable, the third party, can access when you visit the website. A web beacon, pixel or tag is a small, usually-transparent image placed on a web page that allows the operator of that image, which may be the operator of the website you visit or a third party, to read or write a Cookie.

Your operating system and web browser may allow you to erase information stored in Cookies and local browser storage. But if you do so, you may be forced to login to the Sites again, and you may lose some preferences or settings. You may also be able to set your browser to refuse all website storage or to indicate when it is permitted, but some features of our Sites may not function properly without it. We may use Cookies to keep you logged in, save your preferences for the Sites, and to collect information about how you use our Website.

More information about managing Cookies is available here. To learn how to manage privacy and storage settings for your local browser storage, please refer to the end user documentation for your browser.

Online Tool Providers, Cookies, web beacons, pixels, tags, and similar third-party technologies are collectively referred to herein as “Tracking Technologies.” Tracking Technologies may have the right to use Personal Information and non-Personal Information about you for their own business purposes. The use and disclosure of Personal Information and non-Personal Information by third-party Tracking Technologies are described in their respective privacy policies. See below for some of the key Tracking Technologies we use:

• Attentive: here
• Shopify: here
• Meta: here
• Google Analytics: here (you can opt out of Google Analytics here: here)
• TikTok: here
• StackAdapt: here

6. Transparency and Choice; Do Not Track Signals

You may request access to your Personal Information by sending an email to Hello@swigdrinks.com. We will try to locate and provide you with your Personal Information and give you the opportunity to correct this data, if it is inaccurate, or to delete it, at your request. But, in either case, we may need to retain it for legal reasons or for legitimate business purposes. You may also remove any content that you post to the Sites using the deletion or removal options within the Sites. However, we (and you) are not able to control information that you have already shared with other users or made available to third parties through the Sites.

If you need further assistance with removing any content you posted through the Sites, you can email us at Hello@swigdrinks.com. Removal of your posted content may not ensure complete or comprehensive removal from our computer systems.

We ask individual users to identify themselves and the information requested to be accessed, corrected, or removed before processing such requests, and we may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others, would be extremely impractical (for instance, requests concerning information residing on backups), or relate to information that is not associated with your Personal Information. In any case, where we provide information access and correction, we perform this service free of charge, except if doing so would require a disproportionate effort. We may also require you to verify your identity to our satisfaction before providing you with access to Personal Information.

Please be aware that if you request us to delete your Personal Information, you may not be able to continue to use the Sites. Also, even if you request that we delete your Personal Information, we may need to retain certain information for a limited period of time to satisfy our legal, audit and/or dispute resolution requirements.

We are working on technologies to be able to honor the Global Privacy Control (“GPC”), which is a browser extension that automatically indicates a consumer’s opt-out preferences. We also support the development and implementation of other standardized "do not track," universal opt-out mechanism, or similar browser features that provide customers with control over the collection and use of information about their web-browsing activities. Once other standardized "do not track" features are widely recognized, we intend to adhere to those features accordingly.

You can opt out of receiving marketing e-mails from us by clicking on the “unsubscribe” link in the e-mails. Please note that it may take up to ten (10) business days for your opt-out request to be processed. Also, even if you opt out of marketing e-mails, we may continue to send you certain account-related e-mails, such as notices about your account and confirmations of transactions you have requested.

7. Certain State Residents

You may be aware that certain states in the United States have enacted mandatory privacy laws that provide residents of those states with certain rights regarding their personal information. As of the date this Privacy Policy was last updated, such states include California, Virginia, Colorado, Connecticut, Utah, Oregon, Texas, Montana, Delaware, Iowa, Nebraska, New Hampshire, and New Jersey.

If you reside in the State of California, please click here to learn more about your privacy rights. If you reside in the States of Nebraska, Texas, or Utah, please click here to learn more about your privacy rights.

Based on our current operations, our Services are not currently subject to the privacy laws in Virginia, Connecticut, Oregon, Montana, Delaware, Iowa, New Hampshire, and New Jersey. However, we do provide notice and transparency about our collection and use of Personal Information as described in this Privacy Policy.

8. Residents of Canada

If you have an objection to the use of your Personal Information as described in this Privacy Policy, you may file a complaint by sending an email to Hello@swigdrinks.com. We will attempt to accommodate your objection or complaint, but you understand that, to the extent you object to our processing of Personal Information that is necessary for us to provide the Sites to you, certain features and functionalities of the Sites may no longer be available to you. Nothing in this Privacy Policy prejudices your rights to file a complaint with the Office of the Privacy Commissioner of Canada, and/or with any other applicable data protection authorities.

9. Residents of Nevada

We do not sell your Personal Information. However, you may contact us at Hello@swigdrinks.com with questions.

10. Data Security

We utilize reasonable information security measures designed to safeguard your Personal Information against unauthorized access, modification, or destruction. For example, we utilize Transport Layer Security (TLS), or similar encryption technology, when sensitive data is transmitted over the Internet, and use firewalls to help prevent external access into our network. However, no data transmission over the Internet and no method of data storage can be guaranteed to be 100% secure. Therefore, while we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its security.

We restrict access to Personal Information in our possession to our employees, Service Providers, and Online Tool Providers who need to know that information in order to operate, develop, improve or support our Sites.

11. Changes to Our Privacy Policy

We may modify or update this Privacy Policy periodically with or without prior notice by posting the updated policy on this page. You can always check the “Last Updated” date at the top of this document to see when the Privacy Policy was last changed. If we make any material changes to this Privacy Policy, we will notify you by reasonable means, which may be by e-mail or posting a notice of the changes on our website or through the Mobile App prior to the changes becoming effective. We encourage you to check this Privacy Policy from time to time to check for any changes. IF YOU DO NOT AGREE TO CHANGES TO THIS PRIVACY POLICY, YOU MUST STOP USING THE SITES AFTER THE EFFECTIVE DATE OF SUCH CHANGES (WHICH IS THE “LAST UPDATED” DATE OF THIS PRIVACY POLICY).

12. Third Party Websites

Please note that the Sites may link or integrate with third-party sites, services or apps. We are not responsible for the privacy or security policies or practices or the content of such third parties. Accordingly, we encourage you to review the privacy and security policies and terms of service of those third parties so that you understand how they collect, use, share and protect your information.

13. Children Under the Age of 13

Our Sites are not intended for children under 13 years of age. No one under age 13 may provide any information to or on our Sites. We do not knowingly collect Personal Information from children under 13. If you are under 13, do not use or provide any information on our Sites or through any of their respective features. If we learn we have collected or received Personal Information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at:

Hello@swigdrinks.com

385-519-5857

14. Questions

To ask questions or comment about this Privacy Policy and our privacy practices, or to register a complaint or concern, please contact us at:

Hello@swigdrinks.com

385-519-5857