Legal

Privacy Policy

Our Commitment to Your Privacy

At Swell Marketing, we are strongly committed to protecting and respecting your privacy.

This Privacy Policy ("Privacy Policy") covers your access and use of this Website, swellmarketing.com.au (the "Website"), as well as associated content, software, and mobile applications (collectively, the "Service").

This Privacy Policy explains our use of personal information about people who visit our Website or use our Services, the conditions under which we may disclose your personal information to others, and how we keep your personal information secure.

We may change this Privacy Policy from time to time so please check this page occasionally to ensure that you are happy with any changes. By using our Website or our Services, you are agreeing to be bound by this Privacy Policy.

1. What Information Do We Collect?

Swell Marketing Pty Ltd ("Swell Marketing", "we" or "us") collects:

  • The e-mail addresses of those who communicate with us via email
  • Aggregate information concerning what pages users access or visit
  • Information given by the user (such as survey information and/or site registrations)
  • Information related to your use of the Website and/or the mobile application, including IP address, Device ID, geographic location, and date and time of your request
  • Any other information that you might provide voluntarily
  • Your email address if you decide to participate in one of our campaigns or request a website preview

2. How Do We Use the Information?

Swell Marketing uses collected information for the following purposes:

  • To fulfill a contract or take steps linked to a contract - Such as processing your registration on our Website, creating website previews, or sending you information about changes to our terms or policies.
  • For our legitimate interests - Such as:
    • Providing the information or content you have requested
    • Contacting you about our programs, products, features or services
    • Improving our services and internal business processes
    • Ensuring website security and preventing unauthorized activities
    • Enforcing compliance with our Terms of Use and other policies
    • Helping other organizations enforce their rights
    • Tailoring content, advertisements, and offers for you
  • With your consent - Such as when you ask us to send marketing information via specific channels, when you consent to cookies, or for other purposes we may request your consent for.
  • Where legally required - We may provide access to your personally identifiable information when legally required to do so, to cooperate with investigations or legal proceedings, to protect against misuse, to limit our liability, or to protect rights of visitors or the public.

If you do not wish to receive marketing information about our programs, products, features or services, you can opt-out of marketing communications.

3. How Do We Share Your Information?

We do not sell your personal data to other organizations for commercial purposes. We only share your personal information in the following circumstances:

  • To investigate, prevent, or take action regarding illegal activities, suspected fraud, potential threats to physical safety, violations of Terms of Service, or as required by law.
  • To trusted service providers processing information on our behalf, subject to strict confidentiality and security requirements.
  • To third parties who have entered into non-disclosure agreements with us.
  • To companies under common control with Swell Marketing for purposes permitted by this Privacy Policy.
  • As aggregated, anonymized data for statistical and research purposes only, where the information cannot be traced back to individuals.

4. Security

We take precautions to ensure the security of your personal information. Our Website is protected by reasonable security measures including firewalls and other modern technology protections.

We strongly advise you to change your password frequently and not to use the same password for different websites. Please note that we cannot protect information that you transmit to other users, and this Privacy Policy does not apply to such information.

5. EU and EEA Users' Rights

If you are a resident of the European Economic Area, you generally have the right to:

  • Access, rectify, download or erase your information
  • Restrict and object to certain processing of your information
  • Request data portability in certain circumstances
  • Opt-out of marketing communications
  • Object to profiling for direct marketing purposes

You can opt out of receiving e-mail newsletters and marketing communications by following the opt-out instructions in those e-mails. Transactional account messages will be unaffected even if you opt out from marketing communications.

6. Complaints

Should you wish to raise a concern about our use of your information, you have the right to do so with your local supervisory authority. We hope that we can assist with any queries or concerns first - please email us at [email protected]

7. Your California Privacy Rights

California residents have the right to request:

  • Access to personal information we hold about you
  • Deletion of personal information we hold about you

Such requests may be submitted by email to [email protected] or by mail to:

Swell Marketing Pty Ltd
29/97 Creek St
Brisbane City QLD 4000
Australia

Swell Marketing will not sell your personal information without your consent. We will not discriminate against you for exercising your rights under CCPA by:

  • Denying access to our Services
  • Charging different rates for our Services
  • Providing different quality of service

8. Governing Law

We will use our best efforts to resolve any potential disputes through informal, good faith negotiations. If a potential dispute arises, please contact us at [email protected] so we can attempt to resolve it without formal dispute resolution.

You agree that the laws of Queensland, Australia, without regard to principles of conflict of laws, govern this Agreement and any Dispute between you and us. You further agree that the Interface shall be deemed to be based solely in Brisbane, Australia, and that although the Interface may be available in other jurisdictions, its availability does not give rise to general or specific personal jurisdiction in any forum outside Brisbane, Australia.

Contact Information

For any questions about our Privacy Policy, please contact us at:

Swell Marketing Pty Ltd
29/97 Creek St
Brisbane City QLD 4000
Email: [email protected]