Privacy Notice

Effective Date: 7/31/2025

Last Revised: 7/31/2025

I. Introduction

SwayDM (“sway.dm,” “we,” “our,” or “us”) is committed to protecting the personal information that we may collect in the course of operating our business.

This Privacy Notice (“Notice”) describes how we collect, use, share, and disclose information about you in the course of operating our business, particularly with respect to our marketing and business development practices and the operation of our website (the “Site”), sway.dm, our mobile app (the “App”), and the services that we offer (collectively, with our Site and App, our “Services”).

This Notice is part of our Terms of Service, and any other applicable agreements or policies that govern your use of our Services. A link to our Terms of Service is also provided at the bottom of each page within our Site and can also be found at sway.dm/info/terms.

This Notice also incorporates our Cookie Notice, which is accessible at the bottom of each page within our Site and can also be found at sway.dm/info/cookies.

If you have any questions or concerns about this Notice, please contact us at support@sway.dm.

II. The Types of Information We Collect

“Personal information” includes information that identifies, relates to, describes, or can reasonably be linked, directly or indirectly, to a specific natural person. Depending on your jurisdiction, certain information may be excluded or included from the definition of “personal information,” including anonymous, de-identified, or aggregated information.

a. Information You Provide to Us

Depending on your interaction with us, we may collect the following categories of personal information:

Identifiers, such as your first and last name, email address, username (alias), date of birth and profile picture, and your social media handles.
Demographic Information, such as your age and gender.
Geolocation Information, such as your country, city, state, zip code and/or time zone, and with your permission, precise location data, like your GPS coordinates.
Preferences, such as how frequently you wish to receive communications from us.
Other information you choose to provide.

The amount and type of personal information we collect about you depends on your interactions with us. We may collect the following information when you use our Services:

Sign-in or account information, including e-mail address, name, authentication information, telephone/mobile phone numbers, and/or passwords you create;
User Content including messages, reviews, photos, video, images, folders, data, text and other types of work;
Payment information, from you or on behalf of our payment service providers, including billing information; our payment service providers will provide us with information about your purchases so that we know if a purchase been successful;
Correspondence you send to us and other information, including information that you provide us with when you fill in forms or answer questions or surveys when using any of our Services, contact us through our customer service channels, respond to messages and communications that we send you, and/or interact with us on our social media channels;
Any other information you provide us to use directly or indirectly through using or otherwise accessing the Services;
If you connect your social media platforms to the Site, we may collect the information that you provide to us, including your usernames or those of your connections.

b. Information We May Automatically Collect

In addition to the information that you voluntarily provide to us, we may automatically collect information that your web browser provides to us. For example, when you visit the Site or use our Services, we may collect the date and time of your visit, links that you clicked on, your IP address, and device and connection information.

device type;
internet protocol (IP) address;
device and advertising identifiers;
default device language;
application usage information;
browser type and version;
operating system and platform;
internet service provider;
date and time of your visit;
information about the links you click, pages you view, and advertising you interact with within the Services and other information about how you use and interact with the Services;
the technology on the devices you use to access the Services;
standard server log information;
probabilistic identifiers,
other unique personal, and/or on-line identifiers;
time zone setting and location;
browsers plug-in types and versions;
pages that you visit before and after using the Services,
browsing history and search history;
and/or inferences used to create a profile about preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

As noted above, we and our service providers or third parties engaged on our behalf may use cookies and similar tracking technologies (collectively, “Cookies”) to collect information from and store information on your device when you use, access, or otherwise interact with our Site. For information about how we use Cookies and the choices you may have, please see our Cookie Notice.

III. How We Use the Information We Collect

We may use collected personal information for various business purposes, including:

administering and providing you with the Services that you request, engaging with other users through our social features, managing your account and/or other account activity;
maintaining your account, assisting with payment transactions, facilitating use of the Site or App, and communicating with you about your account, our relationship with you, and your use of the Site or App;
responding to your questions, comments, and requests made through our Site or App;
updating our mailing lists;
inviting you to participate in surveys and providing feedback to us (unless you have chosen not to receive these communications);
sending you marketing materials that we believe might match your interests;
improving our Site, App and Services and to ensure that content is presented in the most relevant and effective manner for you and your device, including troubleshooting, data analytics, testing, research, and statistical and survey purposes;
tracking user engagement, retention, and other analytics, including building and maintaining a social graph of how our users are connected;
retargeting ads on social media accounts;
optimizing our exposure and availability on search engines;
preventing fraudulent use of our Site or our systems;
enforcing our Terms of Service or comply with laws;
maintaining a record of how you use our Site or Services;
for administrative purposes;
and for any other purposes that we may disclose to you when we request personal information and your consent to use it.

We may use anonymous, de-identified, or aggregate information that does not reasonably identify you for any purpose, as permitted by applicable law.

We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

IV. How We May Share the Information We Collect

We do not sell, trade, or rent your personal information to others; however, we may share your personal information with third-party service providers (as described below) that may be considered a sale of your personal information under applicable U.S. State Privacy Laws.

There may be times when we need to share your personal information with third parties to provide you Services, for the proper functioning of Site features, to comply with the law, and for other lawful purposes. The occasions when we will share your personal information because of these reasons include the following.

In the Course of Providing the Services – we may disclose your information, including for the purpose of transmitting a message to another User at your direction.
Our affiliates – we may share information between our offices and with our affiliated entities for any of the purposes listed above.
Our service providers – we use third parties to assist us with providing certain Services (e.g., payment processing, data storage and processing, web hosting, email delivery, Service logs, and marketing campaigns) and we may share your personal information with these third-party service providers to help us to serve you. We limit the amount and types of personal information we share with service providers to what they need to reasonably perform their functions, and in all events in accordance with applicable law.
Business Transfers – we may disclose and transfer personal information to a third party in the event that a merger, acquisition, debt financing transaction, sale of our assets, other similar transaction, bankruptcy, insolvency, or receivership occurs.
Legal Protection – we may disclose personal information if we believe we must to comply with a law, respond to subpoenas, court orders, law enforcement requests, claims and/or government/regulatory authority inquiries (including those made by the Internal Revenue Service and other appropriate taxing authorities), or if disclosure is in our interest to protect property or other legal rights. This may include disclosing personal information to enforce contracts and agreements, to protect the rights or property of others, or to help protect the security of our Service and the information of other users.
Integrated Services – our Site and other Services that we provide to you, may allow you to integrate accounts with a third party service (e.g., Twitter, Facebook, Instagram, etc.). When you elect to integrate your accounts, you are electing to share your personal information with the third party for this purpose. Any personal information disclosed to a third party providing an integrated service is outside of our control and is subject to that third party’s own terms and policies.
Legal Protection – we may disclose personal information if we believe we must to comply with a law, or if disclosure is in our interest to protect property or other legal rights. This may include disclosing personal information to enforce contracts and agreements, to protect the rights or property of others, or to help protect the security of our Service and the information of other users.
Integrated Services – our Site and other Services that we provide to you, may allow you to integrate accounts with a third party service (e.g., Twitter, Facebook, Instagram, etc.). When you elect to integrate your accounts, you are electing to share your personal information with the third party for this purpose. Any personal information disclosed to a third party providing an integrated service is outside of our control and is subject to that third party’s own terms and policies.
With your consent and/or direction we may share your personal information for any other purpose disclosed to you at the time we collect and/or share the information, pursuant to your consent or direction.

In the preceding twelve (12) months, we have disclosed the following categories of personal information and for the following business purposes:

Category	Examples of Personal Information
Identifiers	Contact information, Unique IDs & Account Details, Financial Account Information, Government-Issued IDs.
Demographic information	Information about your sex, gender, race, ethnicity, disability status and protected veteran status
Device information	The type of device you used to interact with our Services, the device’s operating system, and your browser.
Internet or other similar network activity	Transaction and Commercial Information, Online and Technical Information
Geolocation information	Imprecise Location Data, city, state, country or time zone
Preferences	Frequency and the type of communications you select to receive

These disclosures were made to the following categories of third parties:

Service providers
Affiliates

V. Data Analytics

We may share aggregate, non-personally identifiable location information with third parties to assist in understanding our user’s interests and usage of our Site or Services.

We use Google Analytics to help us understand how you use our Site and any Services that we provide to you. Google Analytics collects data about your traffic via Google advertising cookies and anonymous identifiers, as well as data collected through standard Google Analytics implementation. We strive to adhere to Google Analytics Advertising policies.

We may also use analytics to create de-identified, aggregate personas of different user types based on combinations of data elements to help us think through who we are serving and how best to do so. For example, we may analyze data points such as demographic information (e.g., geographic, gender, and/or age) + behavior (e.g., engagement, retention, onboarding dates, etc.) + social media status (size and general demographic categories of following) + other information to create the personas.

We use the following Google Analytics Advertising Features: Google Analytics.

The Site and other third-party vendors may use first-party cookies (such as the Google® Analytics cookie) or other first-party identifiers, and third-party cookies (such as the DoubleClick cookie) or other third-party identifiers together. Visitors to the Site can opt-out of the Google® Analytics Advertising Features used, including through Ads Settings, Ad Settings for mobile apps, or any other available means (for example, the NAI's consumer opt-out).

Our use of cookies is detailed in our Cookie Notice.

You may revoke your consent to the use of web analysis at any time, either by downloading and installing the provided Google Browser Plugin or by following your internet browser’s instructions to enable, disable, or clear cookies.

Google offers an opt-out mechanism for the web available here.

Further information on Google Analytics is available in the Google Analytics Terms of Service, the Privacy and Data Protection Guidelines of Google Analytics and in the Google Privacy Policy.

VI. Personal Information Retention and Security

We store the information we collect about you for as long as is necessary for the purpose(s) for which we collected it and in accordance with applicable law and legitimate business interests.

We utilize commercially reasonable administrative, technical, and physical safeguards to comply with applicable legal requirements and safeguard the information that we collect and maintain.

However, you should understand that no data storage system or transmission of data over the internet or any other public network can be guaranteed to be 100% secure, accurate, complete, and/or current. Please note that information collected by third-parties may not have the same security protections as the information you submit to us, and we are not responsible for protecting the security of such information.

VII. Your Privacy Rights

You can always opt not to disclose information to us, but keep in mind some information may be needed to take advantage of our Services.

Marketing Communications. If you receive marketing or advertising emails from us, you may unsubscribe at any time by following the directions in each message to “unsubscribe.” If you receive any other marketing communications from us (e.g., via postal mail), you may opt-out of receiving future communications from us by contacting us using the contact information at the end of this Policy.
Please note that if you choose to opt-out of receiving promotional communications, it may take us up to 14 days to complete your request and you may receive promotional communications during that period. Even if you elect to opt-out of promotional communications, we will still send administrative communications required for us to deliver any Services that you requested.

Cookies. You can accept or reject certain cookies for our Site by adjusting your web browser controls. Please consult our Cookie Notice for more information about our use of cookies on the Site and how to accept and reject them.

VIII. Additional Privacy Rights

Depending on where you reside, you may be entitled to object to, or request restriction of, certain processing of your information. In addition, you may be entitled to request access to, rectification, erasure, and portability of your information or more information about our privacy practices.

This U.S. State Privacy Notice is designed to provide you with notice of our recent information practices for the 12-month period preceding the “Last Updated” date of this Privacy Notice. This U.S Privacy Notice also applies to our current data practices such that it is also meant to provide you with “notice at collection.”

If you exercise any of the following rights, we will first verify your identity prior to providing any information, which may include the need for you to provide additional information in order for us to property verify your identity.

You do not need to create an account with us to submit a request to know or delete. However, we do consider requests made through your password protected account sufficiently verified when the request related to personal information associated with that specific account. We will only use information provided in the request to verify the requester’s identity or authority to make it.

Dependent on your state of residence, you may have the following rights:

Right to Know and Data Portability: You have the right to request that we disclose certain information to you about our collection and use of your information over the past 12 months, which includes:
- The categories of information we collect about you.
- The categories of sources from which we collected information.
- Our business or commercial purpose for collecting or selling (when applicable) that information.
- The categories of third parties with whom we share information.
- The categories of information about you that we disclosed for a business purpose, and the categories of service providers to whom disclosed that information for a business purpose.
Additionally, you may request that we provide the specific pieces of information we collect about you in a portable format.

Right to Delete: You have the right to request that we delete any of your information that we have collected from you and retained, subject to certain exceptions. We may deny your deletion request if retaining the information is necessary for us or our service providers to:
- Complete the transaction for which we collected the information, provide the services you have requested, or take actions reasonably anticipated within the context of our ongoing business relationship.
- Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
- Enable (internal only) uses that are reasonably aligned with consumer expectations based on your relationship with us.
- Comply with a legal obligation.
- Other internal and lawful uses of that information that are compatible with the context in which you provided it.
We will delete or deidentify your information not subject to the one of the foregoing exceptions from our records and will direct our service providers to take similar action.
- Right to Correct: You have the right to request correction of any inaccurate information we hold about you.
- Right to opt-out of a sale: You have the right to opt-out of our sale or our use of information for targeted advertising purposes.
- Right to receive notice: You have the right to receive notice of our practices at or before collection of information and you have a right not to receive discriminatory treatment for exercising any of your rights described under this section. We will not discriminate against you based on your exercise of any of your rights.

Depending on your state of residence, you may be limited to the number of free requests you can make in a 12-month period. If you exceed the number of requests allotted under the applicable state law, we reserve the right to charge a reasonable fee to respond to your request.

If you wish to exercise any of your rights, requests should be submitted in writing via email to support@sway.dm. If you reside in a jurisdiction that recognizes the ability to use an authorized agent, the authorized agent can submit a request on your behalf tosupport@sway.dm, with the completed authorized agent form.

If you are in a jurisdiction that recognizes your ability to appeal a decision we have made in connection with your attempt to assert a right under any applicable U.S. State Privacy Laws, you may file an appeal of our decision refusing your request to exercise your rights under this Privacy Notice per the instructions provided in our written decision. Requests to change our policies or practices are not grounds for an appeal.

CALIFORNIA SHINE THE LIGHT LAW

California residents may opt out of the sharing of personal information (as defined by California’s “Shine the Light law”), with third parties for their own direct marketing purposes. California residents may opt out and/or request for an accounting of what third parties we have shared your personal information with. This right is in addition to and different than rights granted to California residents pursuant to the California Consumer Privacy Act (CCPA). California residents exercising their Shine the Light rights should mail requests to our address identifying the request as a Shine the Light Request and include a statement attesting to your California residency.

CALIFORNIA PRIVACY RIGHTS FOR MINORS

In addition, an operator of a commercial website subject to California Business and Professions Code Section 22581 must allow California residents under age 18 who are registered users of online Site, Services or applications to request and obtain removal of content or information they have publicly posted. If this applies to you and you wish to make such a request, your request should include a detailed description of the specific content or information to be removed. Please be aware that your request does not guarantee complete or comprehensive removal of content or information posted online and that the law may not permit or require removal in certain circumstances.

a. Exercising Your Privacy Rights

You may exercise these privacy rights by:

Calling as at: (888) 679-2936
Emailing us at: support@sway.dm

Only you, or someone legally authorized to act on your behalf (if you are located in a jurisdiction recognizing such ability), may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.

IX. Do Not Track Disclosures

We follow the standards explained in this Privacy Notice and do not interact with or implement “Do Not Track” requests or web browser settings.

X. Children

Our Site is not directed at children under the age of 13, and we do not knowingly collect personal information from children under the age of 13 without obtaining parental consent. It is our procedure to promptly delete any personal information collected from a child under the age of 13 upon discovery of such a circumstance. If you believe that we may have collected personal information from a child under the age of 13, please contact us using the contact information at the end of this Policy and we will take appropriate steps to rectify this inadvertent collection.

XI. European Data Subjects

SwayDM is a tool that connects U.S.-based vendors to U.S.-based consumers. Although our Site may be accessible in some locations outside of the United States, it is not our intention to offer Services to individuals located outside of the United States via the Site or App. Any information we collect via the Site or App will be stored and processed in the United States. If you are located outside of the United States, please be aware that the laws of the United States may offer less protection for your personal information compared to the laws of your place of residence.

By providing your Personal Information to us through your use of the Services or Site, you consent to the transfer, storage, and processing of your information in the United States. Please note that different regions and countries have their own privacy and data security laws, some of which may be less protective of your personal information than the laws of your own region or country.

Retention of Personal Information

We will collect and maintain any personal information only as long as we need it for the purposes outlined in this Privacy Notice. We will retain and use your information to the extent necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

GDPR Compliance

In the event that we collect or process Personal Information subject to the General Data Protection Regulation (GDPR), we will comply with the requests of European data subjects. If you are a resident of the European Economic Area (EEA), you have certain data protection rights. We aim to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Information. These rights include:

Right to Access: You have the right to request copies of your personal data. We may charge a small fee for this service.

Right to Rectification: You have the right to request that we correct any information you believe is inaccurate or complete information you believe is incomplete.

Right to Erasure: You have the right to request that we erase your personal data, under certain conditions.

Right to Restrict Processing: You have the right to request that we restrict the processing of your personal data, under certain conditions.

Right to Object to Processing: You have the right to object to our processing of your personal data, under certain conditions.

If you make a request, we have one month to respond to you. If you would like to exercise any of these rights, please contact us at our provided contact information.

Note that Krier Godfrey & Grassbaugh, Inc.is the control of personal information collected through SwayDM’s services.

XII. Changes To This Privacy Notice

We reserve the right to amend this privacy notice at our discretion and at any time. When we make changes to this privacy notice, we will post the updated notice on the Site and update the notice's effective date. However, we will not treat your previously collected personal information, to the extent it is not collected under the new privacy notice, in a manner materially different than represented at the time it was collected without your consent. Your continued use of our Site following the posting of changes constitutes your acceptance of such changes.

XIII. How To Contact Us

If you have any questions about this Privacy Notice, please contact us at: support@sway.dm