We, Swapple Sociedad de Responsabilidad Limitada, a company registered and in force in accordance with the laws of the Republic of Costa Rica, with corporate identification 4062001310922
(hereinafter and for all legal purposes referred to as “SWAPPLE”), will apply the protocols and measures defined in this Privacy Policy, in order to protect your privacy and the security of your Personal Data. Considering that you are a User of our Website, with access to information regarding the Services and functionalities offered therein, it is essential that you understand how we use, collect, and treat your information and what you can do to protect your privacy.
The User acknowledges that, by accessing and using the Website, he or she acknowledges and agrees to the terms and conditions of the Privacy Policy. The User further acknowledges and agrees that Swapple reserves the right, at its sole discretion, to modify, substitute, amend or replace this Privacy Policy at any time, unilaterally, by posting a notice to that effect on the Website. SWAPPLE, at its sole discretion, may also notify the User through e-mail, telephone contact and any other means available and registered by the User in the different Services, functionalities, and platforms of SWAPPLE, if applicable.
For purposes of this Privacy Policy, the following terms shall have the meanings set forth below:
Terms in the singular tense shall also include the plural tense and vice versa. Any reference to a group of persons shall be deemed to be a reference to all of them collectively, to some of them or to any of them individually. Words or terms in the masculine, feminine or neuter gender shall also include all genders. The term “including”, “includes”, and other similar terms shall be deemed to be followed by the words “but not limited to”.
Section headings and clauses are included in this Privacy Policy for ease of reference only and shall not be construed as limiting or affecting the interpretation of its provisions. Any references to articles, sections or clauses are made with respect to those set forth in this Privacy Policy, unless otherwise indicated.
SWAPPLE maintains in its database Personal Data that the User provides through different means when accessing and/or using the Website, such as, but not limited to, filling out an online form (e.g., to obtain email updates, requests for additional information or the Contact Functionality), so we may collect Personal Data, such as, but not limited to, the following:
In addition, when the User contacts SWAPPLE (for example, through e-mail or the Contact Functionality), a record is kept of any communication that is maintained. In this regard, SWAPPLE may use the e-mail address and any other registered means to send information about its different Services and/or products detailed on the Website.
SWAPPLE collects information about the Website the User accesses and uses, and the way in which he or she uses them. The information obtained in this way includes the following:
SWAPPLE may use, combine, and process the Users’ Personal Data for the following purposes:
Your Personal Data may be available to SWAPPLE or its affiliated, related, subsidiary and/or parent companies. We sometimes hire other companies, individuals and/or third parties to perform tasks for us, and they may require access to your Personal Data to carry out their functions. Notwithstanding the foregoing, such contractors, sub-contractors, suppliers, or third parties may not use the information for any other purpose and will have contractual confidentiality obligations. In addition to the foregoing, for the access and use of the Website and the information about the Services and products offered therein, the User expressly authorizes SWAPPLE to share and/or transfer his or her Personal Data and/or other information in accordance with the Terms and Conditions of the Website. Notwithstanding the foregoing, it is reiterated that no legitimate recipient of the Personal Data may use the information for any purpose other than those indicated in the corresponding documentation and shall have contractual confidentiality obligations if applicable.
SWAPPLE reserves the right to share, disclose, and/or release Personal Data to comply with its legal or regulatory obligations, in response to requests (mandatory or otherwise) by governmental or state agencies, or as part of the investigation of illegal activity.
SWAPPLE will request the User’s consent prior to sharing or using his or her Personal Data for any purpose other than those set forth in this Privacy Policy, in the Terms of Use, and in any other documentation entered between SWAPPLE and the User.
If the User would like to update the information that he or she has consented to SWAPPLE’s use, treatment and retention, he or she should contact [email protected] or through the Contact Functionality, and make the express request.
The User expressly acknowledge that if SWAPPLE (or any part thereof) is ever sold or transferred, the information in our possession may become part of the transferred assets but will also be used only for the purposes specified in this Privacy Policy.
Your Personal Data may be transferred outside of your home country, including to countries or jurisdictions that do not provide the same level of data protection as your home country. Regardless of the country in which your Personal Data is located, it will be protected in accordance with our privacy and security policies as detailed below.
We have appropriate privacy and security policies in place to ensure, to the extent possible, the security and integrity of all our information, including your Personal Data, and to protect it from access, use, alteration, modification, distribution, or loss.
We provide the User with ways to delete or update the information provided to SWAPPLE in case he or she considers it is not correct unless this information is required to be maintained for legitimate legal or business reasons. SWAPPLE will also remove or correct any information that it believes to be incorrect or inaccurate, without prejudice to any liability that the User may incur if the User has provided such incorrect or inaccurate information.
When you access or use the Website, we will protect your Personal Data from accidental or intentional deletion. For this reason, even if you delete your data from our Services and functionalities on the Website, we may not immediately destroy residual copies stored on our active servers or data stored in our security systems.
When processing your Personal Data, as a User of the Website, you have the right under applicable law and regulations to request access to your Personal Data and to correct inaccurate data. If, like you, we believe that the information is incorrect, or that its processing should be stopped, we will delete or correct it. If we do not believe it is incorrect, we will still record the fact that you believe the information is incorrect.
If you would like to access, correct, or delete the Personal Data we hold, you should contact [email protected], or through the Contact Functionality, and make the express request.
If you have chosen to receive information about the Services or functionalities offered on the Website and no longer wish to receive it, you can request not to receive further information by sending a message to the e-mail address [email protected] or through the Contact Functionality.
In this regard, you must clearly specify in the messages the following information: your name, username (if any), registration information (if any), the name of the Website, and any other information or data requested.
All questions concerning the validity, compliance and interpretation of this Privacy Policy shall be regulated, interpreted and applied in accordance with the laws of Costa Rica. Any dispute, controversy or claim arising out of this agreement or breach of this Policy, the SWAPPLE and User agree firstly to negotiate in good faith for a period of not less than sixty (60) days following written notification of such controversy. If the negotiations do not resolve the dispute, controversy or settle the claim to the reasonable satisfaction of the SWAPPLE and/or User during such period, then the SWAPPLE and User irrevocably and unconditionally submit the respective claim to the binding arbitration with the Rules of Arbitration of the International Chamber of Commerce. The claim is reviewed by one or more arbitrators appointed in accordance with the said rules. The substantive law shall be the Applicable Law (including all other operating rules, policies, and procedures that may be issued by the SWAPPLE and published from time to time on the Website), without regard to conflict of law rules or principles. The language of the arbitration shall be English. The place of the arbitration is San Jose, Costa Rica.
Any questions or concerns should be addressed in writing to [email protected] or through the Contact Functionality.
Review period: 12 (twelve) month.
Last revised: 15 September 2023.
