Last Updated: January 7th, 2022
THE SWAP CLUB is a refurbished devices website that offers its services at www.theswapclub.com and is owned and managed by THE SWAP CLUB CORP. (“THE SWAP CLUB”).
The information you share with THE SWAP CLUB allows us to provide the products and services you need and want while giving you the very best selling and shopping experience.
It's our promise to users of our website that we respect the trust you place in us and the privacy of the information you share. Part of providing superior experience includes making sure that we're building a relationship of trust with users. Our way of doing that is to let you know in a clear, prominent, and easily accessible way how we collect, use, share, and above all protect your personal information.
Our Policy outlines:
- How and why we collect your personal information;
- How your personal information is used and protected;
- When and with whom we share your personal information; and
- What choices you can make about how we collect, use, and share your personal information.
This Policy covers how and why we collect, use, share, and protect your personal information on our websites and mobile services where this Policy is posted.
Personal information is information that identifies you or reasonably can be linked to information that identifies you. For example, when you place an order online, we collect personal information, such as name, address, phone number, and credit or debit card information.
What is Our Pledge of Accountability?
We require our employees, business partners, and service providers to manage your personal information properly. We require all those who manage users’ personal information to do so properly and in accordance with our policies.
What Type of Information Do We Collect and How Do We Collect It?
We collect information to deliver the products and services you request, to help improve your selling and shopping experience, and to support our business functions. We collect information from you in a variety of ways when you interact with our websites, and mobile services. We may collect the following categories of personal information. Not all categories may be collected about every individual:
- Personal identifiers, such as name and address
- Device and online identifiers and related information, such as telephone number and email address
- Internet, application, and network activity, such as cookie IDs and browser visits
- Government identifiers, such as national identification numbers and driver’s license numbers
- Demographic information, such as age and date of birth
- Financial information, such as credit and debit card numbers and claims information
- Characteristics of protected classifications under state or federal law, such as gender and nationality
- Purchase history information, such as products you have bought, rented, and returned
- Location information, such as geo-location information
- Background and criminal information, such as background checks and criminal convictions
- Individual preferences and characteristics, such as inferences related to shopping patterns and behaviors
We collect information from you in a variety of ways. It may be:
- Provided directly by you or a member of your household
- Collected from a device associated with you or your household
- Collected from an external third-party source
Our goal is to limit the information we collect to the information needed to support our business. You actively share information with us in various ways. For example, you share information when you:
- Make an online purchase, or other transaction, with us;
- Create an account on one of our websites or mobile services;
- Use a gift registry or create a mobile shopping list;
- Conduct a transaction or request a service where we collect information (including when required by law);
- Request customer service or contact us;
- Post a review or comment on one of our social media pages, or post a rating, review or other user-generated content on one of our websites or mobile services;
- Participate in a contest, promotion, or survey.
When you engage in these activities, you may share different types of personal information with us, such as your name, email address, physical or postal address, phone number, date of birth, and payment information.
You also passively provide us information in other ways through technology. Some of this information may be linked to you personally. This information helps our websites and mobile services work correctly and supports our customer marketing and analytics efforts – our work to understand our customers’ needs and provide information about our products and services. Here are some examples:
- Device Information: We collect technical information when you visit our websites or use our mobile applications or services. This includes information such as Internet Protocol (IP) address, the type of mobile device you use, your device operating system and browser type, a unique device identifier, the address of referring websites, the path you take through our websites, and other information about your session on our websites.
- Browsing Information: We use our own and third-party technologies such as cookies, web beacons, and mobile device identifiers to collect information about the use of our websites and mobile services. We use these tools to provide an integrated and more personalized shopping experience for you. For example: cookies allow us to provide you relevant information as you use or return to our sites; web beacons allow us to know if a certain page was visited, an email was opened, or if ad banners on our websites were effective. Under certain circumstances, we permit third parties to collect information on our websites for their own business purposes using cookies, web beacons, iframes and similar technologies.
- Precise Device Location Information: We may collect information about your location when your device is set to provide location information.
We receive information about you from other sources to help us correct or supplement our records, improve the quality or personalization of our services and marketing to you, and prevent or detect fraud.
How Do We Use Your Personal Information?
We use your personal information to provide you products and services, such as to fulfill your requests for products or to help us personalize our services and marketing to you. We also use your personal information to support our business functions, such as fraud prevention, marketing, and legal functions.
Some examples include:
- To fulfill your order or requests for services and provide customer service
- To create and maintain your account
- To conduct auditing and monitoring of transactions and engagement
- To conduct marketing, personalization, and third-party advertising
- To protect the security and integrity of our websites, mobile services and our business, and help prevent fraud
- To update our operational and technical functionality
- To conduct business analysis, such as analytics, projections, identifying areas for operational improvement
- To conduct research and development
- To fulfill our legal function or obligations
To do the above, we combine personal and non-personal information, collected online and offline, including information from third party sources.
How Do We Share Your Personal Information Outside of THE SWAP CLUB?
We will not sell or rent your personal information for money. We may share your personal information in limited circumstances, such as to conduct our business, for other companies to offer you products, in the event all or a part of our business is merged, sold or reorganized, when legally required, as described below, or with your consent. We will not share your personal information outside of THE SWAP CLUB, except in the following circumstances:
We share personal information about you with service providers that help with our business activities, including shipping vendors, billing and refund vendors, payment card processors, marketing and advertising vendors, and companies that help us improve our products and services. We require our service providers to keep your personal information secure. We do not allow our service providers to use or share your personal information for any purpose other than providing services on our behalf. Your personal information may be stored and processed by our service providers in the United States or other locations where the service providers or THE SWAP CLUB maintain facilities.
Legal Requirements and Protection of Our Company and Others
We may share your personal information in other special circumstances, which include situations when sharing is required by law, or we believe sharing will help to protect the safety, property, or rights of THE SWAP CLUB, our customers, our employees, or other persons. Examples include:
- Protecting the health or safety of users;
- Identifying and addressing fraud or financial risk;
- Responding to a search warrant or other valid legal inquiry; and
- Responding to an investigative body in the case of a breach of an agreement or violation of law.
In the event that all or a part of our business is merged, sold or reorganized (including transfers made as a part of insolvency or bankruptcy proceedings), personal information about you could be shared with the successor business. We will use reasonable measures to help ensure that any successor treats your information in accordance with this Policy.
Advertising Related Activities
We may share aggregated or pseudonymous information (pseudonymous information includes things like: device identifier, type of device, IP addresses, cookies and other information associated with your browsing and app usage) with other companies, such as publishers, advertisers, measurement analytics providers, and others. We do not share information that directly identifies you (information such as name or email address) with these companies.
With Your Consent
In circumstances other than those described above, we will ask for your affirmative consent before we share your personal information outside of our company, and we also will not sell or rent your personal information for money.
What are Your Choices?
You have choices about the various ways we collect, use, and share your personal information.
- We also personalize your experience on our sites and mobile services by showing you advertisements from THE SWAP CLUB or our advertising partners that are tailored to your interests.
Some of our mobile services use your device’s location information. You can adjust the settings of your mobile device at any time to control whether your device communicates this location information. We may also offer additional controls on our use of your mobile location information.
We want to offer you choices about the different ways we collect, use, or share your personal information. These choices are described below.
When we are sending marketing communications to you, we use the following standards:
- We use an opt-in standard for automated phone and text messages, and for sharing personal information with companies outside our company for their use in direct marketing of their products, such as sending you promotions for their products. Opt-in means we will only conduct the activity with your affirmative consent.
- We use an opt-out standard for email, app notifications, and postal mail. Opt-out means we may contact you but will stop upon your request (as described below).
If you contact us by email or mail, please be sure to include your full name, the types of communications you would like to receive or not receive, and your related contact information. For instance, if you would like to opt-out of mail, include your mailing address. Please allow sufficient time for your marketing preferences to be processed. It may take up to ten days to process your requests related to email and up to 30 days to process your requests related to telephone calls, text messages, app notification and sharing information with your consent. Please note that postal mailings are often prepared many weeks in advance, and you may continue to receive mail for six to ten weeks.
Since we do not accept opt-out requests from third parties, such as catalog opt-out services, please communicate your request directly to us through one of the mechanisms mentioned above.
Please know that, even if you opted out of receiving marketing communications from us, we may still contact you for transactional or informational purposes. Some examples are contacts for customer service, product information, service or reminder notices, or recalls. We may also need to contact you with questions or information regarding your order.
We personalize your experience on our sites and mobile services by showing you
advertisements that are tailored to your interests. We show you advertisements related to THE SWAP CLUB or our advertising partners. We belong to ad networks that may use your browsing history across participating websites and mobile services to show you interest-based advertisements. You may also see ads for THE SWAP CLUB on participating websites and mobile services based on how you browse.
Mobile Location Settings
Some of our mobile services use your device’s location information. You can adjust the location settings of your mobile device at any time to control whether your device communicates this information.
How Do You Access and Update Your Personal Information?
We provide you with various ways to access or update your personal information, including contact and account information. We also take reasonable steps to keep your personal information accurate and complete.
You can access or update your personal information, including contact or account information, in the following ways:
- If you have created an account on one of our websites or mobile services, log into your account. Once you do, you will be able to enter and update your own contact information and payment information, as well as contact information for recipients you have designated.
If you are a California resident, please refer to the “What Are Your California Privacy Rights?” section for additional information on your rights under the California Consumer Privacy Act.
How Do We Secure Your Personal Information?
We recognize the importance of maintaining the security of our customers’ personal information. We use reasonable security measures, including physical, administrative, and technical safeguards to protect your personal information. These measures may include physical and technical security access controls or other safeguards, information security technologies and policies, procedures to help ensure the appropriate disposal of information.
How Does THE SWAP CLUB Protect the Privacy of Children Online?
THE SWAP CLUB’s general audience websites and mobile services are not directed to children under the age of 13 and do not knowingly collect personal information from children under the age of 13. Please contact us if you have concerns regarding the potential collection of your child’s information.
What Are Your California Privacy Rights?
California Consumer Privacy Act
If you are a California resident, you can make certain requests regarding your personal information. We will fulfill each of these requests to the extent required by law.
- You can ask us what personal information we have about you, including a list of categories of your personal information that we have sold and a list of categories of your personal information that we have shared with another company for a business purpose.
- You can ask us to delete your personal information.
- You can ask that we stop selling your personal information.
More information on each of these requests is below.
- What personal information do you collect about me? If you make this request, we will return to you (to the extent required by law):
- The categories of personal information we have collected about you.
- The categories of sources from which we collect your personal information.
- The business or commercial purpose for collecting or selling your personal information.
- The categories of third parties with whom we share personal information.
- The specific pieces of personal information we have collected about you.
- A list of categories of personal information that we have sold, along with the category of any other company we sold it to. Any of the categories of personal information that we collect could be included in a sale to other companies. If we have not sold your personal information, we will inform you of that fact.
- A list of categories of personal information that we have disclosed for a business purpose, along with the category of any other company we shared it with.
You can ask us to provide you with this information up to two times in a rolling twelve-month period. When you make this request, the information provided may be limited to personal information we collected about you in the previous 12 months.
- Delete My Personal Information: You have the right to ask that we delete your personal information. Once we receive a request, we will delete the personal information (to the extent required by law) we hold about you as of the date of your request from our records and direct any service providers to do the same. In some cases, deletion may be accomplished through de-identification of the information. Choosing to delete your personal information may impact your ability to use our websites and online features, including closure of your online account.
- Stop Selling My Personal Information: We do not share your personal information for money. We do share personal information with certain third parties, which may be considered a “sale” under California law even if we don’t receive money in exchange for the information. For purposes of California law, we may share with these parties all categories of personal information, except for background and criminal information, biometric information, and government identifiers. We do not knowingly sell the personal information of minors under 16 years of age. If you are a California resident, you have a right to opt-out of the sale of your personal information. To do so, please send us an email at privacy@THE SWAP CLUB.us.
Below is a chart showing the types of personal identifiers that we may have sold in the previous 12 months.
Categories of Third Parties to Whom the Personal Information May Be Sold
Categories of Personal Information Sold
Advertising companies (like ad servers, advertising agencies, technology vendors, providers of sponsored content, and others)
Characteristics of protected classifications under California or federal law
Device and online identifiers
Individual preferences and characteristics
Internet, application, and network activity
Purchase history information
We will not discriminate against you for exercising your rights. This generally means we will not deny you goods or services, charge different prices or rates, provide a different level of service or quality of goods, or suggest that you might receive a different price or level of quality for goods. Please know, if you ask us to delete or stop selling your data, it may impact your experience with us, and you may not be able to participate in certain programs or services which require usage of your personal information to function.
Verifying Your Identity for Requests to Access or Delete Personal Information
We take the privacy of your personal information seriously and want to ensure that we provide only you or your authorized agent with your personal information. The CCPA also requires that we verify the identity of each person who makes a request to know what personal information we have about you or to delete the personal information we have about you.
What Personal Information Do I Provide to Verify My Identity? To verify your identity, we ask you to provide your:
How Do You Verify My Identity?
We may verify your identity in a few different ways. We’ve partnered with a third party identification service to help us verify your identity and prevent fraudulent requests. When you make your request, you will be asked to answer a few questions about yourself to help us validate your identity. If you have an online account, we may ask you to log into your account and complete a one-time passcode validation.
In some instances, we may ask you to provide other documentation to verify your identity. If this happens, we will reach out to you directly with this request.
What If You Can’t Verify My Identity?
If we can’t verify your identity, we will not be able to process your request to know what personal information we have about you or to delete the personal information we have about you. If we are unable to verify your identity with a high degree of certainty, we will only be able to provide a report with category-level information and we may not be able to delete some of your information.
How to Submit a Request Using an Authorized Agent
An authorized agent is a person or business who has authorization to request to know what personal information we have about you, to delete the personal information we have about you, or to opt out of the sale of personal information on behalf of a California resident. Authorized agents use the same means described above to submit requests.
If you are submitting a request on behalf of another person, we require a valid power of attorney and a signed attestation form. If you do not have a valid power of attorney, we require an authorization document and a copy of the consumer’s government-issued photo identification in addition to our attestation form. Our attestation form can be downloaded from the request form.
How Do I Send You My Documentation?
Please send the documentation by email your forms to SUPPORT@THE SWAPCLUB.com. Please note, you will have 10 business days to provide all required documentation.
How Will I Know if This Policy Changes?