Swingtech's Privacy Policy

Effective Date: April 1, 2023

Swingtech Consulting Inc. (“Swingtech,” “We” , “Us” or “Our”) respects your privacy and is committed to protecting it through Our compliance with this Privacy Policy (“Policy”).

This Policy describes the types of information We may collect from you or that you may provide when you visit the website, https://www.swingtech.com (Our “Website”) and Our practices for collecting, using, maintaining, protecting, and disclosing that information.

By continuing to use the Website, you agree to the terms of this Policy, as may be amended, and Our Terms of Use, incorporated herein by reference. If you do not agree to this Policy or the Terms of Use, your choice is not to use Our Website. In the event that the Terms of Use conflict with the Policy, the Terms of Use shall control.

This Policy applies to information We collect:

• On this Website.

• In email, text, newsletters, and other electronic messages between you and this Website.

• When you interact with Our advertising and applications on third-party websites and services, if those applications or advertising include links to this Policy.

It does not apply to information collected by:

• Us offline or through any other means, including on any other website operated by Swingtech or any third party; or

• any third party, including through any application or content (including advertising) that may link to or be accessible from or on the Website.

What Data We Collect and Why We Collect It

In general, you can access and/or use many features of Our Website without telling Us who you are or revealing any personal information about yourself. You also may choose not to provide Us with any personal information. In such event, you can still access and use many features of Our Website; however, you will not be able to access and use those portions of Our Website that require your personal information.

We collect personal information when you voluntarily submit it to Us. Other data may be collected automatically as you navigate through the site (such as, usage details, IP addresses, and information collected through cookies, and other tracking technologies) or from third parties, for example, Our business partners.

Data that you enter on the Website (including forms, comments, and social media comments) may be collected and stored for later use – including sending you emails. All data is stored in a client management program that is privately held by a third-party company. When visitors leave comments on the site, We collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection.

In addition, We may collect the following information:

• Name, address, phone number, email, and other data that you provide to Us (“personal information”);

• Name of the domain from which you access the Internet;

• Internet address of the websites from which you linked directly to Our site;

• Type of web browsing software and operating system you are using;

• Date and time you access Our site and amount of time you spent on the site; and/or

• Pages you visited on Our site.

How Information is Collected

Information is collected in a variety of ways which include:

• The use of pixels, cookies, forms, and fields;

• Via phone, email, text, and chat features;

• Opt-in forms from Our websites; and

• Display and native advertising like Facebook ads or Google ads.

Information We Collect Through Automatic Data Collection Technologies. As you navigate through and interact with Our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

• Details of your visits to Our Website, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Website.

• Information about your computer and internet connection, including your IP address, operating system, and browser type.

The information We collect automatically is statistical data and does not include personal information, but We may maintain it or associate it with personal information We collect in other ways or receive from third parties. It helps Us to improve Our Website and to deliver a better and more personalized service, including by enabling Us to:

• Estimate Our audience size and usage patterns;

• Store information about your preferences, allowing Us to customize Our Website according to your individual interests;

• Speed up your searches; and/or

• Recognize you when you return to Our Website.

The technologies We use for this automatic data collection may include:

• Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of Our Website. Unless you have adjusted your browser setting so that it will refuse cookies, Our system will issue cookies when you direct your browser to Our Website.

• Flash Cookies. Certain features of Our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on Our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see What Rights You Have Over Your Data.

• Web Beacons. Pages of Our Website and Our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit Swingtech, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

Third-Party Use of Cookies and Other Tracking Technologies

Some content or applications, including advertisements and Our newsletter provider, on the Website are served by third-parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use Our website. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see What Rights You Have Over Your Data.

How Information Collected Is Used

Information collected may be used for one or more of the following reasons:

• To present Our Website and its contents to you;

• To fulfill any other purpose for which you provide it;

• For statistical purposes;

• For operational reasons, such as improving efficiency and quality control;

• To provide promotional updates;

• To share with Our social media, marketing, advertising, and analytics partners who may combine it with other information that you’ve provided to them or that they’ve collected from your use of their service; • To comply with Our legal and regulatory obligations; and / or

• Perform any other lawful acts except for those acts expressly prohibited by this Policy.

Embedded Content from Other Websites

The Website may contain links to other sites. Swingtech is not responsible for the privacy practices of websites not affiliated with Swingtech. Inclusion of links to outside websites is not an endorsement of those outside websites or a guarantee that the information they contain is accurate.

Articles and videos on this site may include embedded content (e.g., videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.

These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracing your interaction with the embedded content if you have any account and are logged in to that website.

Who We Share Your Data With

We may disclose aggregated information about Our users, and information that does not identify any individual, without restriction.

We may disclose personal information that We collect or you provide as described in this Policy:

• To Our subsidiaries and affiliates;

• To contractors, service providers, and other third parties We use to support Our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which We disclose it to them;

• To an automated spam detection program;

• To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Swingtech’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Swingtech about Our Website users is among the assets transferred;

• To fulfill the purpose for which you provide it;

• For any other purpose disclosed by Us when you provide the information; and/or

• With your consent.

We may also disclose your personal information:

• To comply with any court order, law, or legal process, including to respond to any government or regulatory request.

• To enforce or apply any other agreements you have with Swingtech, including for billing and collection purposes.

• If We believe disclosure is necessary or appropriate to protect the rights, property, or safety of Swingtech, Our clients, or others.

How Long We Retain Your Personal Information

We retain your personal information, as long as necessary, to fulfill the purposes it was initially collected for or otherwise required by law. We may retain personal information as necessary to comply with legal obligations, resolve disputes, and enforce Our agreements.

What Rights You Have Over Your Data

We strive to provide you with choices regarding the personal information you provide to Us. We have created mechanisms to provide you with the following control over your information:

• Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.

• Newsletters/Updates from Swingtech. You have the option to opt out of any newsletters or updates at any time by simply updating your settings or by contacting Us directly. There is an unsubscribe link at the bottom of every email sent. You may stop “following” or “liking” Our social media accounts at any time by unsubscribing directly from the social media site.

• Third Party Collection. We do not control third parties’ collection or use of your information to serve interest-based advertising. However these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (”NAI”) on the NAI’s website.

Communications from Swingtech

Communications from Swingtech may include, but are not limited to the following:

• Site updates, Swingtech announcements, information regarding relevant updates with content and services, upcoming events, and other relevant business purposes;

• Responses to your requests for information; and/or

• Email, phone, text and social chat features for communication purposes only.

By using the Website, you agree that you may be contacted in any manner contemplated in this section even if your number is found on a do not call registry, in-house list or similar registry.

Children Under the Age of 13

Our Website is not intended for children under 13 years of age. No one under age 13 may provide any information to or on the Website. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on this Website or through any of its features, use any of the interactive or public comment features of this Website or provide any information about yourself to Us, including your name, address, telephone number, email address, or any screen name or user name you may use. 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 info@swingtech.com.

Cross-Border Transfer

The Website is controlled and operated by Us from the United States and is not intended to subject Us to the laws or jurisdiction of any state, country or territory other than that of the United States. Your personal information may be stored and processed in any country where We have facilities or service providers, and by using the Website or by providing consent to Us (where required by law), you agree to the transfer of information to countries outside of your country of residence, including the United States, which may provide for different data protection rules than in your country. Additionally, when using or disclosing personal information transferred from the European Union, We use standard contractual clauses approved by the European Commission, adopt other means under European Union law to ensure adequate safeguards, or obtain your consent. In certain circumstances, courts, law enforcement agencies, regulatory agencies or security authorities in those other countries may be entitled to access your personal information

Your California Privacy Rights

If you are a resident of the State of California, you may exercise the rights described below. By choosing to exercise your rights as described below, you are declaring that you are a California resident as defined in the California Consumer Privacy Act of 2018, Civil Code Section 1798.100 (“CCPA”).

• Right to Know. You have the right to ask Us for a copy of your personal information collected over the past 12 months and for information about how We collect, use, disclose, and sell it. We do not share personal information with third parties for their own direct marketing without your permission.

• Right to Deletion. You have the right to request for Us to delete any of your personal information. We may deny your deletion request when permitted by applicable law or for business purposes including, without limitation, when personal information is needed to comply with Our legal obligations, meet regulatory requirements, support Our business operations, resolve disputes, maintain security, prevent fraud and abuse, enforce Our Terms of Use, fulfill your request to “unsubscribe” from further messages from Us, or confirm that We have deleted your personal information. We may retain anonymized information after your account has been closed. We cannot disclose or delete specific pieces of personal information if the disclosure would create a substantial, articulable, and unreasonable risk to the security of personal information, your account with Us or the security of Our systems.

• Right to Modification. You have the right to update or modify certain of your personal information through your account.

• Right to Opt-Out of the Sale of Your Personal Information. You have the right to ask that We not sell your personal information. We do not sell, in the traditional sense of the word, or rent personal information to third parties for money. We do, however, share your personal information as We have described in this Privacy Policy to make the Website available to you.

• Right to Non-Discrimination. We will not discriminate against customers or users who exercise their rights under the CCPA.

Exercising your Rights. If you wish to exercise one of these rights, please contact Us as described herein or email Us at info@swingtech.com. Please include your name and email address with your request. Before We can process any such request, We will need to verify your identity through the email address or telephone number associated with your use of Our Website or your account with Us and confirm your request prior to fulfilling any such request and reserve the right to deny a request where We are unable to satisfactorily complete this process. If you authorize someone to make a request on your behalf, We may also deny your request if We are unable to verify that the individual making the request is authorized to act on your behalf.

GDPR Privacy Rights

If you are a resident of the European Union, you may exercise the rights described below.

• Right to Access. The right to be provided with a copy of your personal information

• Right to Rectification. The right to require Us to correct any mistakes in your personal information

• Right to be Forgotten. The right to require Us to delete your personal information—in certain situations

• Right to Restriction of Processing. The right to require Us to restrict processing of your personal information—in certain circumstances, e.g., if you contest the accuracy of the data

• Right to Data Portability. The right to receive the personal information you provided to Us, in a structured, commonly used and machine-readable format and/or transmit that data to a third party—in certain situations.

• Right Not to be Subject to Automated Individual Decision-Making. The right not to be subject to a decision based solely on automated processing (including profiling) that produces legal effects concerning you or similarly significantly affects you

• Right to Object. The right to object:

• at any time to your personal information being processed for direct marketing (including profiling).

• in certain other situations to Our continued processing of your personal information, e.g., processing carried out for the purpose of Our legitimate interests.

If you wish to exercise one of these rights, please email Us at info@swingtech.com. Please include your name and email address with your request. Before We can process any such request, We will need to verify your identity through the email address or telephone number associated with your use of Our Website or your account with Us and confirm your request prior to fulfilling any such request and reserve the right to deny a request where We are unable to satisfactorily complete this process. If you authorize someone to make a request on your behalf, We may also deny your request if We are unable to verify that the individual making the request is authorized to act on your behalf.

Data Security

Our Website uses commercially physical, electronic and managerial procedures to protect information collected online including firewalls to protect the loss, misuse and alteration of information under Our control. The use of these security measures is not a guarantee that information supplied over the Internet will not be intercepted.

Unfortunately, the transmission of information via the internet is not completely secure. Although We do Our best to protect your personal information, We cannot guarantee the security of your personal information transmitted to Our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.

Change in Terms of Privacy

Swingtech reserves the right to alter the Policy at any time without notice. Any changes to the Policy will be posted on this page. Please look at the “LAST UPDATED” legend above to see when the Policy was last revised. Any such changes shall be effective immediately upon the posting of the revised Policy on the Website. We reserve the right to make the revised Policy effective for information We already have about you, as well as, information We receive in the future. We encourage you to refer to this Policy on an ongoing basis so that you understand Our current privacy policies.

Contacting Swingtech

If you have any questions about this Policy or the practices of this Website, please email us at info@swingtech.com