Privacy Policy

The SwayPay Privacy Policy describes how we handle your personal information when you use SwayPay’s products and services. This document details how we collect, use, store, share, and protect your personal information. Your privacy and information is important, so please take the time to read it carefully.

Your consent

Your use of SwayPay is subject to this Privacy Policy and the Terms of Service, which describes in detail and defines the “Services” covered by this Privacy Policy.

You accept this Privacy Policy when you interact with SwayPay in any capacity, including signing up for our service, downloading the mobile app, accessing and using our products, Services and/or website.

The scope of the agreement and changes

This Privacy Policy is governed by the laws of the State of California without regard to its conflict of laws rules and governs the use of SwayPay Services by all users. We may amend this Privacy Policy at any time by posting a revised version on our website and in our app. The modified version of this agreement will always be effective as of the published effective date.

Information SwayPay collects

In order for SwayPay to provide and improve its personalized user experience, you allow SwayPay to collect some data from you.

Collected data– When you use SwayPay’s Services, we collect information sent to us by your computer, mobile phone or other device. The information sent to us includes, but is not limited to, the following: data about the pages you access, computer IP address, device ID or unique identifier, device type, geo-location information, computer and connection information, mobile network information, statistics on page views, traffic to and from websites, referral URL, advertising data, standard web log data and other information.

Information collected with cookies – We also collect anonymous information using small data files called cookies and web beacons. These cookies allow us to recognize you as a SwayPay customer when you shop online, protect the security of your account, and prevent fraud. We may also use these data files to customize your SwayPay experience while using the Services, including providing you with personalized shopping insights or advertising.

Information you provide us – When you use SwayPay’s Services, we may collect and store any information you provide us, including information added to our mobile app, web forms, or any conversations you have with our help and support teams.

Registration information – When you use SwayPay’s Services, you may be asked to provide basic contact information, including your name, address, phone number, email address, and other similar data.

Information for completing payment and shipping forms – So that SwayPay can provide you with quick, secure payments and complete billing and shipping forms on merchants’ websites or commerce applications or on your behalf, we may collect the following information: credit or debit card number and card expiration date, billing and shipping address, and date of birth. In some cases, we may ask you to send us additional information or to answer additional questions to help verify your information.

Specific Information for sellers or businesses (also called “Merchants”) – So that SwayPay can provide you with personalized Merchant services, we may collect the following information related to you or your business: your social security number or taxpayer identification number, your business category and certain information about your sales or transaction volume. So that fees for using SwayPay’s Merchant services can be paid, we may also collect full bank account and routing numbers and credit or debit card numbers. In some cases, we may ask that you provide additional information or answer more questions to help verify your business details.

Merchants must comply with applicable law regarding their approach to collecting, storing, and protecting user data of customers in Europe.

Information from in-app feedback and SwayPay support – We may collect information from you in relation to your engagement with support and feedback teams, including your responses to surveys, as well as emails, chat messages, and phone calls conducted with SwayPay’s support team. You accept that any of your communications with SwayPay may be recorded by members of SwayPay’s support teams or monitored for quality assurance purposes.

Transaction information – When you use SwayPay’s Services to conduct a transaction, we may collect information about the transaction, including: date, time and amount of the transaction, the merchant’s location, a description provided by the merchant of the goods or services purchased, the names and email addresses of the seller and buyer (or sender and recipient), the type of payment method used, your description of the reason for the transaction, and the offer associated with the transaction, if any. Biometric data, including fingerprint, iris and facial data is used for verification purposes only. This information is stored on your mobile device and is never stored by SwayPay. However, we may collect information about the devices used to make purchases with SwayPay. This includes details of the location and unique identifiers of your device, among other information.

Information obtained from third parties – We may obtain information about you from third parties, including third party verification services. This includes information arising from SwayPay transactions with Merchants, including by not limited to: the identity of your card issuer or financial institution, payment methods used, your accounts issued by Digital Wallets, and other third parties connected to the SwayPay app.

For Merchants specifically: information related to billing and details from consumer reports and credit bureaus may be obtained.

If you connect the SwayPay app to your social media accounts, including Facebook, Twitter, Instagram and LinkedIn, then we may collect information received from these platforms. Note that information received by these social media platforms is governed by each site’s respective privacy policy.

Any information you provide directly to a third party Merchant, website or application is not covered by this privacy policy. SwayPay is not responsible for the privacy or security practices of Merchants or other third parties with whom you choose to share your personal information directly. To learn more about the information that third party sites may share about you, consult each site’s specific privacy policy.

International Privacy Laws. If you are visiting the website or using the mobile app from outside the United States, please be aware that you are sending information (including your personal data) to the United States where our servers are located. That information may then be transferred within the United States or back out of the United States to other countries outside of your country of residence, depending on the type of information and how it is stored by us. These countries (including the United States) may not necessarily have data protection laws as comprehensive or protective as those in your country of residence; however, our collection, storage and use of your personal data will at all times continue to be governed by this Privacy Policy.

Children. We do not knowingly collect personal data from children under the age of thirteen (13). If you are under the age of thirteen (13), please do not submit any personal data through the mobile app or any SwayPay Services. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce our privacy policy by instructing their children never to provide personal data through the mobile app or any SwayPay Services without their permission. If you have reason to believe that a child under the age of 13 has provided personal data to us through the mobile app, please contact SwapPay, and we will endeavor to delete that information from our databases.

How SwayPay may use or share your information

In order for SwayPay to provide digital payment Services through the SwayPay app, you permit SwayPay to disclose to apps that you have set up SwayPay and to share your device, payment location and other account information, including billing and shipping addresses, to Merchants, card issuers, digital wallets, your payment networks, and other third parties.

Marketing –. We may use your information to provide you with personalized, insightful, and relevant advertising. Where it is in accordance with your marketing preferences, SwayPay may send you electronic marketing or advertising communications. If you wish to opt out of our personalized shopping insights program, go to the settings screen in the SwayPay app, and turn off the switch that says “Get Personalized Shopping Insights.”

Transactions and shipping of products/services – When completing checkout transactions on your behalf, we may provide the Merchant with the necessary information to complete your purchase and ship your products and or services. This excludes sensitive payment details, but may include your name, account ID, contact details, shipping address, and any other details needed to verify the security of the transaction, prevent fraud, and complete the purchase.

Limit of liability with third party Merchants – SwayPay only discloses your credit card number, bank account information, or any other financial account information to Merchants when it is absolutely necessary to complete your payment with SwayPay. When possible, SwayPay will use virtual account numbers to represent your payment details when completing transactions so as to protect your sensitive payment information as much as possible. SwayPay may also need to share information with Merchants such as the shipping address or email address, so that your order can be successfully completed. SwayPay’s Terms of Service prevents Merchants from applying your personal information to any use other than completing a purchase and shipping a product or service. Regardless, SwayPay cannot be held responsible for any other unwanted dissemination of your personal details from these third parties.

Customer service – We may use information you share with us to assist our support teams in helping you resolve any problems that may arise related to our Services, and later, for training and/or user experience improvement. We may also use your information to assist you in resolving any disputes that may arise from the use of our Services.

Service providers – In order to provide our users and Merchants with a great experience, we use third-party service providers and contractors to support our technology Services and other business operations, including bill collection, marketing, and customer service. There may be times when we need to share your personal information with these third parties. Our service provider agreements prevent third parties from using your personal information in any capacity outside the scope of executing SwayPay Services.

Law enforcement purposes – If required by a subpoena or court order, SwayPay will share personal information to law enforcement agencies in order to comply with legal requirements. SwayPay may disclose your personal information to the appropriate legal authorities should we deem it necessary to prevent and/or report physical harm, violations of our Terms of Service, fraud and/or illegal activities. This include complying with regulations to prevent money laundering and terrorist activities.

While certain information may be deleted by request, select records must be retained for this purpose. SwayPay is committed to ensuring your information's security. We do not share, rent, or sell any of your personal data to third parties for their own purposes without your consent.

If you would like to have your information deleted where possible, go to "Remove my Account." Confirming will initiate the deletion of all personal and payment information.

Protecting your personal information

How we protect your personal information – SwayPay uses a network of computers, cloud-based servers, and other network and information technology to provide our Services and store your personal information. We protect your information using the latest technology, including our own tokenization, and best practices for technical and administrative security. These best practices include firewalls, data encryption, and controlled employee and third-party access to our information databases.

All personal information will be kept exclusively within severs, only accessible by those with proper rights, never to third parties.

Certain information will also be stored on merchants' devices.

SwayPay and Merchants are each controllers in the processing of personal data. Both SwayPay and the Merchant agree to comply to applicable data protection laws in respect to this agreement. Both SwayPay, and the Merchant, are required to each have their own independent privacy policies, and determine individual methods of notifications and procedures. Each are separate data controllers, not joint data controllers.

To properly comply with data protection laws, both SwayPay and respective Merchants shall implement and maintain security measures to actively protect processed personal data at all times; keep accurate and comprehensive record of all processing activities; and not do or permit anything that could jeopardize the security of personal data.

Your responsibility to protect your personal information – The security of your account information on SwayPay depends on you keeping your account password(s), PINs, and other accessible information private. If you tell someone your SwayPay account details, then this third party may be able to access SwayPay and make payments using your SwayPay account without your consent. You should also use password(s) and/or a PIN to keep devices that you use to access SwayPay safe from unwanted, third-party access.

How you can contact us about this privacy policy

You and your personal information is important to us. If you have any questions or concerns regarding this Privacy Policy or SwayPay Services generally, please contact us.