Privacy

Effective Date: July 1, 2024

Welcome! This Privacy Policy provides information about how Swell Brew (“Swell Brew,**” “we,” “us,” or “our”) collects, uses, and discloses your personal information. This Privacy Policy applies to our website, our mobile applications (including any Swell Brew mobile application), and information we collect about you offline (collectively, our “Service”).

By visiting or otherwise using the Service, you agree to the Service’s Terms of Use and this Privacy Policy. If you do not agree and consent, please discontinue use of the Service and uninstall any downloads or applications.

OVERVIEW

Below is a summary of key points in our Privacy Policy, but it is not exhaustive. Please read the full text for more detailed information.

  • Collection of Information
    We collect personal information (e.g., name, email, address, etc.) when you provide it directly to us, and automatically (e.g., device and usage data, cookies, and similar technologies).

  • Use of Information
    We use your personal information for various purposes, including providing and improving our Service, communicating with you, advertising to you, and operating our business.

  • Disclosure of Information
    We may disclose your personal information:

    • to deliver and improve our products and services;
    • to our affiliates, service providers, and marketing partners;
    • for security, fraud prevention, and legal reasons;
    • in connection with corporate transactions (e.g., mergers or sales).

  • Your Rights and Choices
    Depending on your state of residence, you may have certain rights regarding your personal information. This includes options regarding cookies, online advertising, and communications from us.

1. PERSONAL INFORMATION WE COLLECT

“Personal Information” is information that identifies, relates to, describes, or is reasonably associated with you. Personal information does not include data that is publicly available, de-identified, or aggregated. The types of personal information Swell Brew, its Service Providers, or third-party services may collect include:

  • Contact information and identifiers (name, alias, postal address, phone number, social media identifiers, online identifiers, IP address, email address, account name)
  • Payment information
  • Demographic information (e.g., employment, age, military/veteran status)
  • Purchase information (products or services you purchase, obtain, or consider)
  • Device usage information (browser type, operating system, network provider, referring websites, browsing/search history on our sites and apps, etc.)
  • Geolocation data (based on IP address or information you provide)
  • Audiovisual information (such as security camera recordings in retail locations, audio data collected by customer service phone lines)
  • Communications with us (phone, email, text message, chat, social media interactions)
  • Inferences (drawn from any of the above categories)

2. HOW WE COLLECT YOUR PERSONAL INFORMATION

We collect personal information in multiple ways.

A. Information You Provide

We collect personal information you provide directly when you register for the Service, make a purchase, subscribe to notifications, post content, participate in promotions or loyalty programs, respond to surveys, review products, communicate with us, or connect with us on social media.

B. Information Collected Automatically

Swell Brew, our service providers, and/or third-party services may automatically collect device and usage information as you use the Service. Methods include:

  • Log Information: Data about your usage, including IP address, browser type, referring/exit pages, and timestamps.
  • Cookies & Other Tracking Technologies: Our website uses cookies, web beacons (pixels), and similar tools to collect information about your browsing behavior. These may be used for essential functions, personalization, analytics, and ad targeting.
  • Web Beacons (Tracking Pixels): Embedded on web pages and emails to measure usage and campaign effectiveness.
  • Embedded Scripts: Code that collects information about your interactions with the Service.
  • Location-Identifying Technologies: Features that may determine your approximate or exact location (if enabled).
  • Device Recognition Technologies: Methods that recognize or make assumptions about users and devices, possibly linking usage across multiple devices.
  • In-App Tracking Methods: Mobile apps may use device identifiers or “Ad IDs” to track user activity.
  • Device and Activity Monitoring: Technologies that monitor certain interactions with the Service (e.g., keystrokes) or analyze device attributes for security, fraud prevention, troubleshooting, or personalization.

C. Information from Other Sources

We may also receive personal information from:

  • Service Providers that collect data on our behalf (e.g., payment processors).
  • Affiliates within our corporate group.
  • Business Partners, resellers, and data brokers.
  • Friends or family who use a refer-a-friend feature, send gifts, or otherwise provide your personal information.
  • Third-party vendors that operate interactive features (e.g., live chat), which may capture and store transcripts.

3. HOW WE USE YOUR PERSONAL INFORMATION

We may use your personal information for purposes consistent with this Privacy Policy, including:

  • To fulfill and deliver your orders.
  • To enable your use of features on the Service.
  • For account registration and management.
  • For returns, refunds, and customer service.
  • To communicate with you about products, services, or updates.
  • To serve relevant content and advertisements.
  • To allow participation in promotions, sweepstakes, and loyalty programs.
  • To improve our products, marketing, and advertising.
  • For fraud prevention, security, and protecting our rights and the rights of others.
  • As otherwise disclosed at the time you provide personal information or where legally permitted or required.

4. HOW WE DISCLOSE PERSONAL INFORMATION

We may disclose your personal information for any purpose not inconsistent with this Privacy Policy, our disclosures at the time you provide data, or as permitted by law. This includes:

  • Within our corporate family (i.e., our affiliates and subsidiaries).
  • Service Providers who help us operate our business (e.g., payment processors, shipping companies, marketing and analytics providers).
  • Third parties for co-marketing or as needed to offer you products and services that may interest you.
  • Advertising partners for the purpose of ad targeting, remarketing, and customized advertising.
  • Legal and security purposes (to comply with laws, respond to government requests, enforce terms, and protect rights and safety).
  • Professional advisors (lawyers, accountants, insurers) in the course of obtaining professional advice.
  • Corporate transactions in connection with reorganizations, mergers, asset sales, or similar events.

Social Features

Some features allow interactions between the Service and third-party social networks. If you use these “Social Features,” information you post or provide access to may be publicly displayed or shared with the third-party platform. Swell Brew and the third party may have access to information about you and your use of both the Service and the third-party service.

Analytics

We may use analytics providers (e.g., Google Analytics, Adobe Analytics) that employ cookies or similar technologies to help analyze usage of our Service. Information collected (e.g., IP address) may be transmitted to and stored by these providers. We may also implement advertising features (e.g., remarketing), using first-party or third-party identifiers.

5. USER-GENERATED CONTENT

The Service may allow you to submit user-generated content (“UGC”), such as reviews, photos, or comments, in publicly visible areas. UGC is considered public and is not subject to this Privacy Policy. Swell Brew cannot prevent further use or disclosure of UGC once it is publicly available. We encourage you to exercise caution when posting content publicly.

You may also have the option to send messages (e.g., gift messages) to someone else through the Service; please ensure you have their permission before doing so.

6. DATA SECURITY AND PASSWORDS

We take commercially reasonable measures to protect personal information from loss, theft, misuse, and unauthorized access, disclosure, alteration, and destruction. However, data transmission over the internet and electronic storage are never 100% secure, so we cannot guarantee absolute security. You are responsible for keeping your username and password confidential.

7. INTERNATIONAL VISITORS

Our Service is directed solely to residents of the United States. If you access the Service from outside the U.S., your information may be transferred to, stored, and processed in the U.S., which may have different data protection laws than those in your country. By using the Service or providing personal information, you consent to these transfers and uses.

8. CHILDREN’S PRIVACY

Our Service is not directed to children under sixteen (16), and we do not knowingly collect their personal information. If we learn we have collected personal information from a child under 16, we will delete it in accordance with applicable laws. If you believe your child has provided us with personal information, please contact us at info@swellbrew.coffee.

California Residents Under 18
If you are a California resident under 18 who has registered to use the Service and posted content, you can request removal by contacting info@swellbrew.coffee, detailing where the content is posted and confirming you posted it. We will make good-faith efforts to remove or anonymize it as required by law, but complete removal cannot be guaranteed (e.g., third-party archives).

9. YOUR CHOICES ABOUT TRACKING AND COMMUNICATIONS

A. Cookies and Similar Tracking Technologies

Most browsers allow you to disable or remove cookies. Doing so, however, may affect site functionality. For more information on cookies and how to manage them, visit www.allaboutcookies.org. You can also opt out of certain interest-based advertising at https://optout.networkadvertising.org/?c=1.

B. Do Not Track Signals

We do not currently respond to “Do Not Track” signals. For information about any state-specific privacy rights, see Section 10 (State Notices).

C. Analytics and Advertising Tracking

D. Email Communications

You can unsubscribe from marketing emails by clicking the “unsubscribe” link or emailing us at info@swellbrew.coffee. We may still send you non-marketing messages regarding your account or transactions.

E. Text Messages

If you opt in to receive text messages, you can opt out at any time. Please review our text message terms for more information.

10. STATE NOTICES

A. Nevada Residents

Nevada residents may opt-out of the sale of certain personal information. Currently, Swell Brew does not sell personal information as defined by Nevada law. For future notifications in the event we change our practices, please contact info@swellbrew.coffee.

B. Residents of Applicable States

If you are a resident of a state with a comprehensive privacy law applicable to Swell Brew (e.g., California, Texas, Virginia), you may have additional privacy rights detailed in our separate State Privacy Notice. If any conflict exists between that notice and this Privacy Policy, the separate notice governs your state-specific privacy rights.

11. CHANGES TO THIS PRIVACY POLICY

We may change this Privacy Policy at any time, and the updated version will be effective when posted. Your continued use of the Service indicates your acceptance of the revised Privacy Policy.

12. CONTACT US

If you have any questions, comments, or concerns about this Privacy Policy or our practices, please contact us at:

info@swellbrew.coffee

Thank you for choosing Swell Brew!