Privacy Policy

Last updated: May 23, 2022

I. Introduction and Overview

Thank you for using the SwingBy Services! We are committed to providing you the best online shopping and delivery experience possible. This Privacy Policy explains what information we (Oceanorth Technology Inc. d/b/a SwingBy) collect, how that information is used, under what circumstances we share information, and the choices you can make about that information. This Privacy Policy applies whether you access the SwingBy Services (as defined in the Terms of Service) through a browser, a mobile application, or any other method.

This Privacy Policy also describes how we collect, SwingBye and disclose your personally identifiable information (“PII”), including personally identifiable health or medical information (“Personal Health Information” or “PHI”). PII is information about you that may be used to identify you (such as your name, phone number, or address). Personal Health Information is PII combined with information that relates to (a) your past, present, or future physical or mental health or condition, (b) the provision of health care to you, or (c) your past, present, or future payment for the provision of health care.

Additional Disclosures:

We may provide different or additional disclosures relating to the processing of personal information about residents of certain countries, regions or states. Listed below are additional disclosures that may be applicable to you.

  • If you are a resident of Canada, please see the additional privacy disclosures in Disclosure For Canada Residents

II. Information we collect

1. Information you provide to us or allow others to provide to us

At various points in the SwingBy experience, you may provide us with information about yourself. For example, when you create an account through the Services, you provide us with personal information like your name, email address, and zip or postal code. And if you place an order through the Services, we collect information including your address, phone number, birth date, driver’s license expiration date (for alcohol orders or prescription delivery, where available), credit card information, vehicle license plate number(s) (for curbside pickup orders) and the details of your order. Your account information may be updated or corrected by accessing your account settings.

We may also collect health information you provide directly to us regarding an experience with a retail partner that may require us to contact that retailer, or other retailer partners, for public health or safety reasons, or to facilitate a refund. We do not share your identity with the retailers that we may contact in such a capacity, but may share date, time and location of a transaction, which may allow a retailer to independently identify you.

If you log into the Services through a third-party service, both we and that third-party may receive some information about you and your use of the services. For example, if you choose to log into the Services with your Facebook account, we may receive information from Facebook, such as your name, e-mail address, public profile information, and information about your contacts. We may also offer social sharing tools (such as the Facebook “Like” button) that let you share actions on the Services with other websites and vice versa. In those cases, the providers of those tools may receive information about you when you use those tools. You should check the privacy policies of these third-party services and your settings there for more information.

If you wish to invite your friends and contacts to use the Services, we will give you the option of entering their contact information manually. In this case, we will store this information for the sole purposes of allowing you to send your friend’s referral offers, for determining whether your friends use the Services after a referral is sent, to remind your friends of the referral sent on your behalf.

Our partners may let us collect information about use of their sites/apps or share such information with us. For example, if you use a SwingBy button or widget on another site or app, we may receive information about your use of that button or widget and the third-party site/app.

Community Affairs:

SwingBy is active in local communities as part of our mission to create a world where everyone has access to the food they love and more time to enjoy it together. You may provide us your information in connection with our community affairs efforts.

Location Information:

When you use the Services, we may collect precise location data. For instance, if you allow the Services to access location services through the permission system used by your device’s mobile operating system or browser, we may collect the precise location of your device. We use your location information to facilitate the prompt hand-off of pickup orders (where available), to assist you in finding nearby stores for which pickup or delivery are available, for other similar purposes and for analytics purposes. You can choose whether or not to enable the location tracking feature through the settings on your device or browser, or when prompted by the SwingBy mobile app. We may also infer your general location information, for example by using your internet protocol (IP) address.

2. Technical information about usage of the Services

When you use the Services, or browse our sites, either through a browser or mobile app, we automatically receive some technical information about the hardware and software that is being used.

Cookies, Pixels, and Other Tracking Technologies:

We, our partners, our advertisers, and third-party advertising networks use various technologies to collect information, including but not limited to cookies, pixels, scripts, and device identifiers. Cookies are small text files that are sent by your computer when you access our services through a browser. We, our partners, our advertisers, and third-party advertising networks may use session cookies (which expire when you close your browser), persistent cookies (which only expire when you choose to clear them from your browser), pixels, scripts, and other identifiers to collect information from your browser or device that helps us do things such as understand how you use our services and other services; personalize your experience; measure, manage, and display advertising on the Services or on other services; understand your usage of the Services and other services in order to serve customized ads; and remember that you are logged into the Services. Our partners, advertisers, and third-party advertising networks may use these technologies to collect information about your online activity over time and across different websites or online services. By using your browser settings, you may block cookies or adjust settings for notifications when a cookie is set. Your browser settings may allow you to automatically transmit a “Do Not Track” signal to online services you visit. Note, however, there is no industry consensus as to what site and app operators should do with regard to these signals. Accordingly, unless and until the law is interpreted to require us to do so, we do not monitor or take action with respect to “Do Not Track” signals. For more information on “Do Not Track,” visit http://www.allaboutdnt.com .

We employ some third-party services to help us understand the usage of the Services and the performance of advertising, and these third parties may also deploy cookies, pixels, or other identifiers on the Services or collect information through our mobile applications. For example, we use Google Analytics to understand, in a non-personally identifying way, how users interact with various portions of the Services — you can learn more about information that Google may collect here.

Log information:

When you use the Services, or browse our sites, our servers will record information about your usage of the Services and information that is sent by your browser or device. Log information can include things like the IP address of your device, information about the browser, operating system and/or app you are using, unique device identifiers, pages that you navigate to and links that you click, searches that you run on the Services, and other ways you interact with the Services. If you are logged into the Services, this information is stored with your account information.

Interest-Based or Online Behavioral Advertising:

SwingBy may use third-party advertising companies to serve interest-based advertisements to you. These companies compile information from various online sources (including mobile-enabled browsers and applications) to match you with ads that will be the most relevant, interesting, and timely for you. If you would like to opt-out of interest-based advertising, please visit http://optout.networkadvertising.org/#/ . Please note that you will be opted out of all interest-based advertising from all business members of the Network Advertising Initiative for that specific browser on that specific device. If you opt-out, you may continue to see SwingBy’s or our partners’ online advertisements; however, these ads will not be as relevant to you.

3. Children

We collect information from kids under the age of 13 just to better our services. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data without your permission, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 13 without verification of parental consent, We take steps to remove that information from Our servers.

III. How we use your information

We may use the information we collect for various purposes, including to:

  • Provide the Services to you, improve the quality of the service, and develop new products and services
  • Allow your Personal Pilot (which means those that shop for and/or deliver the order for you, including our retail partner and their employees/agents where applicable or our third-party providers) and Personal Captain (which means those that recommend goods and service as curbside pickup point for you, including our retail partner and their employees/agents where applicable or our third-party providers) to choose your items at a retailer site, deliver your items to community, serve as the curbside pickup point and/or call or text you with any updates or issues
  • Charge you for the purchase and delivery costs through one or more payment processing partners
  • Offer you customized content (including advertising, coupons, and promotions)
  • Understand how users interact with the Services (including advertising both on and off the Services) as a whole and to test new features or changes in our features
  • Provide customer service, respond to your communications and requests, and contact you about your use of the Services
  • Send you messages related to our community affairs efforts
  • Fulfill any other business or commercial purposes at your direction or with prior notice to you and your consent

You can opt-out of receiving promotional communications from SwingBy by using the settings on the Account Info page or by using the unsubscribe mechanism included in the message, where applicable.

IV. What we share

The Services comprise a platform that presents you with a set of one or more retailer virtual storefronts from which you can select goods for picking, packing, and delivery by individual Personal Shopper(s) to your location or, if available, for you to pick up in-store. In order to make this work, we need to share information about you and your order with the other parties who help enable the service. This includes, for example, the Personal Shopper(s) who pick and deliver your order, the payment processing partner(s) that we use to validate and charge your credit card, and the retail partner(s) from which you are purchasing goods. To be clear, only our payment processing partner(s) receive credit card information.

We also share information under the following principles:

  • With your consent or at your direction — We will share your information with entities outside of the Services when we have your consent to do so or it is done at your direction. For example:
    • If you enter loyalty card information from a particular retailer, we share that information with the retailer you chose along with your order so that information can be added to your loyalty card account.
    • If you share a recipe publicly on the Services, it is viewable by anyone along with your first name and last initial.
    • If you invite friends to use the Services through our referral program or to share a shopping cart, we will share some information with the friends you invite like your name and picture. Likewise, if you choose to join someone else’s cart, they will see some of your information.
  • With our retail partners — We may share your information with our retail partners in order to provide and maintain the Services.
  • For external processing or service provision — We sometimes share information with third parties to process information on our behalf or to otherwise provide certain services (such as delivery services, advertising services, or information to better tailor our services to you). For the purposes of this processing or provision of services, we may share your information with such third parties under appropriate confidentiality provisions.
  • For legal purposes — We may share your information when we believe that the disclosure is reasonably necessary to (a) comply with applicable laws, regulations, legal process, or requests from law enforcement or regulatory authorities, (b) prevent, detect, or otherwise handle fraud, security, or technical issues, and (c) protect the safety, rights, or property of any person, the public, or SwingBy.
  • On a non-personal or aggregate basis — We share information on both a non-personally identifying basis (including, but not limited to, order and delivery details but not including credit card information) or an aggregate basis.
  • To enable purchase of alcohol (not available in all jurisdictions) — When you buy alcohol using the Services, we may be required by law to share certain information with the retailer who makes the sale. This information could include, among other things, the names and addresses of the purchaser and recipient, government issued ID information, the quantity, brand, price, proof, and volume of alcohol purchased, and a recipient signature.
  • For business purposes — We may share your information in connection with, or during negotiations of, any merger, sale of company assets, financing or acquisition of all or a portion of our business by another company. We may also share your information between and among SwingBy, and its current and future parents, affiliates, subsidiaries, and other companies under common control and ownership.

V. Security

We employ and maintain reasonable administrative, physical, and technical measures designed to safeguard and protect information under our control from unauthorized access, use, and disclosure. In addition, when we collect, maintain, access, use, or disclose your PHI, we will do so using systems and processes consistent with information privacy and security requirements under applicable federal and state laws, including, without limitation, HIPAA. All electronic PHI will be encrypted at rest and in transit. Nevertheless, transmission via the internet is not completely secure and we cannot guarantee the security of information about you.

We will make any legally required notifications of any breach of the security, confidentiality, or integrity of your PII, including, without limitation, breaches of your stored PHI or PII (as breaches are defined under applicable state or federal statutes on security breach notification). To the extent permitted by applicable laws, we will make such notifications to you without unreasonable delay, as consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.

VII. Changes to this Policy

This policy may change from time to time and any revised Privacy Policy will be posted at this page, so we encourage you to review it regularly. If we make changes, we will notify you by revising the date at the top of this Privacy Policy and, in the case of materials changes to the Privacy Policy, we may provide you with additional notice (such as a notice in our user interface or sending you a notification by email).

VIII. Disclosure for Residents of Canada

SwingBy is located in Ontario and some of its service providers (including affiliates acting in this capacity) are located in the United States or elsewhere outside of Canada. As a result, your personal information will be processed and stored outside of Canada for the purposes described in this Privacy Policy. While outside of Canada, personal information will be subject to applicable local laws, which may permit government and national security authorities in those jurisdictions to access your personal information in certain circumstances.

The file containing your personal information will be maintained on our servers (or those of our service providers) and will be accessible by our authorized employees, representatives and service providers who require access for the purposes described in this Privacy Policy. You may request access to or correction of your personal information, or withdraw consent to our collection, use or disclosure of your personal information, by writing to our Global Privacy Team. These rights are subject to applicable contractual and legal restrictions and reasonable notice. We may take reasonable steps to verify your identity before honoring any such requests.

IX. Contact Information

Questions or comments about our Privacy Policy? Contact SwingBy’s Privacy Team at:

  • Via Email: [email protected]
  • Via Phone Number: 1(905)-405-3057
  • Via this Address: 15 Allstate Pkwy, #613-614, Markham, Ontario
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