Privacy Policy

Effective Date: October 15, 2021

Switchfly (collectively “we”, “us”, or “our”) care about privacy issues and want you to be familiar with how we collect, disclose, and otherwise use (“Process”) information about you. This privacy notice (“Privacy Notice”) describes our practices in connection with information we collect through our websites (“Websites”).

Our privacy practices may vary among the countries in which we operate to reflect local practices and legal requirements, such that our practices may be more limited in such jurisdictions.

Personal Information We Collect

“Personal Information” is any information that relates to an identified or identifiable individual. The Personal Information Switchfly obtains from you is generally necessary or useful for Switchfly to provide the services or information you have requested, and is provided directly by you in response to our request for the information.

  • User-provided Information: In connection with the services Switchfly provides, we may ask you to provide your name, physical address, ZIP code, phone number, e-mail address, and services received or requested. Your submission of such information online is deemed your consent to Switchfly’s use of the information as contemplated in this Privacy Policy.

  • Website Usage Information: Some information is automatically collected as you browse the Website. Our Website server automatically collects information such as the domain name of the service providing you with Internet access, the Internet protocol (IP) address used to connect your computer to the Internet, the average time spent on the Website, pages viewed, information searched for, access times, and other relevant statistics.

  • Cookies: We also use cookies on the Website. A cookie is a small data file that websites commonly write to a website visitor's hard drive when a site is visited. A cookie file contains information that can identify a return visitor each time they visit the Website. The Website may use cookies as a way to measure activity and traffic patterns on the Website in order to continually improve the visitor's experience. A browser can be set to warn the users before accepting cookies. Users can choose to refuse cookies by turning them off in the browser. Users do not need to have cookies turned on to visit the Website.

Use Of Your Personal Information

Switchfly uses your Personal Information obtained through the Website for the following purposes:

  • Providing the services or information you have requested;
  • Personalizing your experience on the Website;
  • Providing customer support;
  • To improve the Website;
  • Digital marketing and campaign measurement; and
  • For other legitimate business purposes.
  • We may collect and use your Personal Information when:
  • You have consented to the use of your Personal Information. For example, we may seek to obtain your consent for our uses of cookies or similar technologies or to send you marketing communications.
  • We need your Personal Information to provide you with products and services, or to respond to your inquiries.
  • We have a legal obligation to use your Personal Information.
  • We, or a third party, have a legitimate purpose in using your Personal Information, such as to ensure and improve the safety, security, and performance of our products and services, to provide you with the correct version of our Website or carry out data analyses.

We indicate whether and why you must provide us with your Personal Information, as well as the consequences of failing to do so, at the time of the collection of your Personal Information. If you do not provide the Personal Information necessary to provide you with our products and services, you will not be able to benefit from them.

When We Share Personal Information

Switchfly does not share, sell, rent or trade your Personal Information with third parties for their own promotional purposes. Switchfly will not share your Personal Information with other organizations except as set forth in this Privacy Policy. Switchfly occasionally hires other companies to provide services on its behalf, which may include providing customer support, processing transactions, or performing statistical analysis of the Website or our services. We may provide Personal Information to these third parties, but we authorize them to use this Personal Information only in connection with the services they perform on our behalf, and for no other purpose. In addition, such parties are bound by contract to establish reasonable measures to protect your Personal Information from unauthorized access, use or disclosure.

Switchfly may also access and/or disclose your Personal Information to protect our rights or property, to enforce our terms of use and legal notices, as required or permitted by law, or at the request of government regulators or other law enforcement officials and the courts (including the issuance of a valid subpoena). We may have no duty to notify you of such compliance with the law. We may also access and/or disclose your Personal Information in connection with the sale of all or substantially all of our assets to which the Website relates.

Security and Storage

We maintain reasonable technical and organizational measures to protect Personal Information against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access. Unfortunately, no information security system can be 100% secure. As a result, although we strive to protect your Personal Information, we cannot ensure or warrant the security of the Personal Information against any possible loss or unauthorized access.

We take measures to delete your Personal Information or keep it in a form that does not permit identifying you when this information is no longer necessary for the purposes for which we process it in the context of the Website or when you request their deletion, unless we are required by law to keep the information for a longer period. We have established specific time limits for data deletion in our data retention policies and complete periodic review of our databases, taking into account the type of services provided in the context of the Website, the length of the customer relationship, mandatory retention periods and relevant statutes of limitations.

International Data Transfers

The Website and our services are hosted on servers located in the United States. If you are located in a non-U.S. jurisdiction, please note that your Personal Information will be transferred to the United States, a jurisdiction that may not provide an equivalent level of data protection to the laws in your home country.

Your Rights And Choices

You may opt-out of receiving direct marketing email or messages from Switchfly at any time by notifying us via email at privacy@switchfly.com. You may also opt out by responding to the opt-out option included with any direct marketing email or message that we send.

If you are located in California, the European Economic Area or Switzerland, you have the right to request access and receive information about the Personal Information we maintain about you, to update and correct inaccuracies in your Personal Information, to restrict or object to the processing of your Personal Information, to have the information blocked, anonymized or deleted, as appropriate, and the right to data portability to transfer Personal Information to another company. If we’ve obtained your consent, then you may withdraw it any time and free of charge. These rights may be limited in some circumstances by local law. In addition to the above-mentioned rights, you also have the right to lodge a complaint with a competent supervisory authority.

If you have any questions, or wish to exercise these rights, please contact us using the details provided at the end of this policy.

Privacy Shield

Switchfly complies with the EU-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union to the United States. Switchfly has certified to the Department of Commerce that it adheres to the Privacy Shield Principles. If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visithttps://www.privacyshield.gov/

In compliance with the Privacy Shield Principles, Switchflycommits to resolve complaints about our collection or use of your personal information. EU individuals with inquiries or complaints regarding our Privacy Shield policy should first contact Switchfly at privacy@switchfly.com.

Switchfly has further committed to refer unresolved Privacy Shield complaints to JAMS, an alternative dispute resolution provider located in the United States. If you do not receive timely acknowledgment of your complaint from us, or if we have not addressed your complaint to your satisfaction, please contact or visit https://www.jamsadr.com/eu-us-privacy-shield for more information or to file a complaint. The services of JAMS are provided at no cost to you.

General Information

This Privacy Policy does not apply to or govern the practices of third party companies or websites that use our products or services, that can be accessed through links contained on the Website, or that Switchfly does not own or control. We are not responsible or liable for the policies and practices followed by third parties. We encourage you to read the privacy statements of these companies or websites as their privacy statement may differ from ours. Our links to other websites or displays of any advertisements or third party content does not mean we endorse any other website’s privacy or information security practices.

Switchfly is subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC). There exists the possibility, under certain conditions, for the individual to invoke binding arbitration when other dispute resolution procedures have been exhausted.

Switchfly is required to disclose personal information in response to lawful requests by public authorities, including those necessary to meet national security or law enforcement requirements.

Switchfly acknowledges the potential liability in cases of onward transfers to third parties of personal data of EU or Swiss individuals received pursuant to Privacy Shield.

Changes To This Privacy Policy

If we make any material changes to this Privacy Policy, we will post a revised link on the Website that notifies visitors of the change. You should check the Website periodically to see if any recent changes to this Privacy Policy have been made. You can also tell if this Privacy Policy has changed recently by reviewing the Effective Date posted at the beginning of this Privacy Policy. Your continued use of our Websites following the posting of changes constitutes your acceptance of such changes.

How To Contact Us

Switchfly, Inc. is the entity responsible for the processing of your Personal Information as described in this policy. If you have any questions or comments about this Privacy Policy, or our privacy practices in general, please contact us via email at privacy@switchfly.com, or via regular mail at:

Switchfly, LLC.
500 3rd Street, Suite 215
San Francisco, California
94107 USA

Effective Date: October 15, 2021

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