Legal notice

Definitions


Customer: any business or natural person with legal capacity, or legal entity, who visits the Site subject to these terms and conditions.

Services: Sway & Co makes available to Customers:


Content: All elements constituting the information present on the Site, in particular text, images and videos.


Customer information: Hereinafter referred to as "Information", corresponding to all personal data that may be held by Sway & Co for the purposes of managing your account, managing the customer relationship, and for analysis and statistical purposes.


User: Any internet user connecting to or using the above-named site.


Personal information: Information that allows, in any form whatsoever, whether directly or indirectly, the identification of the individuals to whom it relates, in accordance with UK data protection law.


The terms "personal data", "data subject", "processor" and "special category data" have the meaning defined by the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018.


1. Website presentation.


In accordance with applicable legislation, users of the website https://swayandco.com are informed of the identity of the various parties involved in its creation and maintenance:


Owner: Sway & Co, a French simplified joint-stock company (SASU) with share capital of €5,000, whose registered office is located at 244 chemin de la ribbe basse, 63600 Ambert, France

Phone: +33 7 81 68 00 39

Company registration number (SIRET): 892 763 756 00012

Intra-Community VAT number: FR30892763756

Legal representative: Chloe Williams, in her capacity as President.

Publication director: Chloe Williams – contact@swayandco.com
Webmaster: Chloe Williams – contact@swayandco.com
Data Protection Officer: Chloe Williams – contact@swayandco.com

Host:  Shopify Inc. Address: 151 O'Connor Street, Ground Floor, Ottawa, Ontario, K2P 2L8, Canada. Phone: 1-888-746-7439





2. General terms of use for the site and services offered.


The Site is a creative work protected under applicable intellectual property law and international regulations. The Customer may not, under any circumstances, reuse, transfer or exploit for their own account all or part of the elements or works of the Site.


Use of the website https://swayandco.com implies full and unreserved acceptance of the general terms of use described below. These terms of use may be modified or supplemented at any time; users of the website https://swayandco.com are therefore invited to consult them regularly.


This website is normally accessible to users at all times. An interruption for technical maintenance purposes may, however, be scheduled by Sway & Co, which will endeavour to inform users in advance of the dates and times of the intervention. The website https://swayandco.com is updated regularly by Sway & Co. Likewise, this legal notice may be amended at any time: it remains binding on the user, who is invited to refer to it as often as possible.


3. Description of services provided.


The purpose of the website https://swayandco.com is to provide information about all of the company's activities. Sway & Co strives to provide information on the site https://swayandco.com that is as accurate as possible. However, it cannot be held liable for omissions, inaccuracies, or failures to update, whether caused by Sway & Co itself or by third-party partners who supply this information.


All information provided on the website https://swayandco.com is for general guidance only and is subject to change. Furthermore, the information on the website https://swayandco.com is not exhaustive. It is provided subject to any changes made since it was first published online.


4. Contractual limitations on technical data.


The site uses JavaScript technology. The website cannot be held liable for material damage arising from the use of the site. In addition, the user of the site agrees to access the site using up-to-date equipment, free of viruses, and using an up-to-date, recent-generation browser. The website https://swayandco.com is hosted by a provider located within the European Union, in accordance with the provisions of the General Data Protection Regulation (GDPR: EU Regulation 2016/679).


The aim is to provide a service with the best possible accessibility. The host ensures the continuity of its service 24 hours a day, every day of the year. It nevertheless reserves the right to interrupt the hosting service for the shortest possible periods, in particular for maintenance purposes, infrastructure improvements, infrastructure failures, or if the Services generate traffic deemed abnormal.


Sway & Co and the host cannot be held liable in the event of a malfunction of the Internet network, telephone lines, or computer and telephone equipment, in particular due to network congestion preventing access to the server.


5. Intellectual property and infringement.


Sway & Co holds the usage rights to all elements accessible on the website, including text, images, graphics, logos, videos, icons and sounds. Any reproduction, representation, modification, publication, or adaptation of all or part of the elements of the site, by any means or process whatsoever, is prohibited without the prior written authorisation of Sway & Co.


Any unauthorised use of the site or of any of the elements it contains will be considered an infringement and prosecuted in accordance with applicable intellectual property law.


6. Limitation of liability.


Sway & Co acts as the publisher of the site. Sway & Co is responsible for the quality and accuracy of the content it publishes.


Sway & Co cannot be held liable for direct or indirect damage caused to the user's equipment when accessing the website https://swayandco.com, resulting either from the use of equipment that does not meet the specifications referred to in point 4, or from the appearance of a bug or incompatibility.


Sway & Co also cannot be held liable for indirect damages (such as, for example, loss of market or loss of opportunity) resulting from the use of the site https://swayandco.com. Interactive spaces (the ability to ask questions in the contact area) are available to users. Sway & Co reserves the right to remove, without prior notice, any content posted in this area that violates applicable law, in particular provisions relating to data protection. Where applicable, Sway & Co also reserves the right to pursue the civil and/or criminal liability of the user, in particular in the event of racist, abusive, defamatory or pornographic content, regardless of the format used (text, photograph, etc.).


7. Management of personal data.


The Customer is informed of applicable regulations regarding marketing communications and data protection, including the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018.


7.1 Data controllers


For Personal Data collected as part of the creation of the User's personal account and their browsing of the Site, the data controller is: Sway & Co. Sway & Co is represented by Chloe Williams, its legal representative.


As the controller of the data it collects, Sway & Co undertakes to comply with applicable legal provisions. In particular, it is the Customer's responsibility to establish the purposes of its data processing, to provide its prospects and customers, based on the collection of their consent, with complete information on the processing of their personal data, and to maintain a record of processing activities that accurately reflects reality. Whenever Sway & Co processes Personal Data, Sway & Co takes all reasonable measures to ensure the accuracy and relevance of the Personal Data with regard to the purposes for which Sway & Co processes it.


7.2 Purpose of the data collected


Sway & Co may process all or part of the following data:


  • to enable browsing of the Site and the management and traceability of the services ordered by the user: connection and Site usage data, billing, order history, etc.

  • to prevent and combat online fraud (spamming, hacking, etc.): computer equipment used for browsing, IP address, (hashed) password

  • to improve browsing on the Site: connection and usage data

  • to conduct optional satisfaction surveys on https://swayandco.com: email address

  • to conduct communication campaigns (SMS, email): phone number, email address


Sway & Co does not sell your personal data, which is therefore only used out of necessity or for statistical and analytical purposes.


7.3 Right of access, rectification and objection


In accordance with applicable UK data protection law, Users of https://swayandco.com have the following rights:


the right of access (Article 15 UK GDPR) and rectification (Article 16 UK GDPR), to update and complete User data; the right to erasure of Users' personal data (Article 17 UK GDPR), where such data is inaccurate, incomplete, ambiguous, out of date, or where its collection, use, disclosure or retention is prohibited


  • the right to withdraw consent at any time (Article 13(2)(c) UK GDPR)

  • the right to restriction of processing of User data (Article 18 UK GDPR)

  • the right to object to the processing of User data (Article 21 UK GDPR)

  • the right to portability of data provided by Users, where such data is subject to automated processing based on their consent or on a contract (Article 20 UK GDPR)

  • the right to determine the fate of Users' data after their death and to choose whether (or not) Sway & Co should communicate their data to a third party previously designated by them


As soon as Sway & Co becomes aware of the death of a User and in the absence of instructions from them, Sway & Co undertakes to delete their data, unless retention proves necessary for evidentiary purposes or to comply with a legal obligation.


If the User wishes to know how Sway & Co uses their Personal Data, request that it be rectified, or object to its processing, the User may contact https://swayandco.com in writing at the following address:


Chloe Williams 
244 chemin de la ribbe basse, 63600, Ambert, France


In this case, the User must specify the Personal Data they would like https://swayandco.com to correct, update or delete, providing precise identification along with a copy of proof of identity (identity card or passport).


Requests for the deletion of Personal Data will be subject to the obligations imposed on Sway & Co by law, in particular with regard to record-keeping or archiving. Finally, Users of https://swayandco.com may lodge a complaint with the relevant supervisory authority, namely the UK Information Commissioner's Office (ICO) at ico.org.uk.


7.4 Non-disclosure of personal data


Sway & Co shall not process, host or transfer Information collected about its Customers to a country located outside the UK/EU, or recognised as not providing an "adequate" level of protection, without first informing the customer. Sway & Co nevertheless remains free to choose its technical and commercial subcontractors, provided they offer sufficient guarantees with regard to the requirements of applicable data protection law.


Sway & Co undertakes to take all necessary precautions to preserve the security of the Information, in particular to ensure that it is not disclosed to unauthorised persons. However, should an incident affecting the integrity or confidentiality of the Customer's Information come to the attention of Sway & Co, it shall inform the Customer as soon as possible and communicate the corrective measures taken. Furthermore, Sway & Co does not collect any "special category data".


Users' Personal Data may be processed by subsidiaries of Sway & Co and by subcontractors (service providers), solely in order to fulfil the purposes of this policy.


Within the limits of their respective roles and for the purposes stated above, the main persons likely to have access to the data of Users of https://swayandco.com are primarily our customer service agents.




8. Incident notification


Despite our best efforts, no method of transmission over the Internet and no method of electronic storage is completely secure. We therefore cannot guarantee absolute security. Should we become aware of a security breach, we would notify affected users so that they may take appropriate action. Our incident notification procedures take into account our legal obligations, whether at national or international level. We undertake to fully inform our customers of any matters relating to the security of their account and to provide them with all necessary information to help them meet their own regulatory reporting obligations.


No personal information belonging to a user of the website https://swayandco.com is published without the user's knowledge, exchanged, transferred, assigned or sold on any medium whatsoever to third parties. Only in the event of the sale of https://swayandco.com and its associated rights would such information be transferred to the potential acquirer, who would in turn be bound by the same obligation to retain and amend the data with respect to the user of the website https://swayandco.com.


Security


To ensure the security and confidentiality of Personal Data and Health-Related Personal Data, https://swayandco.com uses networks protected by standard measures such as firewalls, pseudonymisation, encryption and passwords.


When processing Personal Data, Sway & Co takes all reasonable measures to protect it against any loss, misuse, unauthorised access, disclosure, alteration or destruction.


9. Hyperlinks, "cookies" and internet tags


The website https://swayandco.com contains a number of hyperlinks to other sites, put in place with the permission of Sway & Co. However, Sway & Co has no way of verifying the content of the sites thus visited, and will therefore assume no liability for this.


Unless you decide to disable cookies, you agree that the site may use them. You may disable these cookies at any time and free of charge using the opt-out options offered and referred to below, although this may reduce or prevent access to all or part of the Services offered by the site.

9.1. "COOKIES"


A "cookie" is a small piece of information sent to the User's browser and stored on the User's device (e.g. computer, smartphone), (hereinafter "Cookies"). This file includes information such as the User's domain name, the User's internet service provider, the User's operating system, as well as the date and time of access. Cookies cannot in any way damage the User's device.


Sway & Co may process information about the User relating to their visit to the Site, such as pages viewed and searches performed. This information enables Sway & Co to improve the content of the Site and the User's browsing experience.


As Cookies facilitate browsing and/or the provision of services offered by the Site, the User can configure their browser to decide whether or not to accept them, so that Cookies are either stored on the device or, conversely, rejected, either systematically or depending on their sender. The User can also configure their browser software so that the acceptance or refusal of Cookies is offered to them each time, before a Cookie is likely to be stored on their device. Sway & Co informs the User that, in this case, some features of their browser software may not be available.


If the User refuses to have Cookies stored on their device or browser, or deletes those already stored, the User is informed that their browsing and experience on the Site may be limited. This may also be the case where Sway & Co or one of its service providers cannot recognise, for technical compatibility purposes, the type of browser used by the device, language and display settings, or the country from which the device appears to be connected to the Internet.


Where applicable, Sway & Co accepts no liability for the consequences of the degraded functioning of the Site and of any services offered by https://swayandco.com, resulting from (i) the User's refusal of Cookies, or (ii) Sway & Co's inability to store or access the Cookies necessary for their operation due to the User's choice. Cookie management and User choices vary by browser configuration. This is described in the browser's help menu, which will explain how the User can change their Cookie preferences.


At any time, the User may choose to express and change their Cookie preferences. Sway & Co may also use external service providers to help collect and process the information described in this section.


Finally, by clicking on the social media icons for Twitter, Facebook, LinkedIn and Google Plus featured on the https://swayandco.com Site or in its mobile application, and if the User has accepted the placement of cookies by continuing to browse the Website or mobile application of https://swayandco.com, Twitter, Facebook, LinkedIn and Google Plus may also place cookies on your devices (computer, tablet, mobile phone).


These types of cookies are only placed on your devices if you consent to this, by continuing to browse the Website or mobile application of https://swayandco.com. At any time, the User may nevertheless withdraw their consent to Sway & Co placing this type of cookie.


Section 9.2. INTERNET TAGS


Sway & Co may occasionally use internet tags (also known as "tags", action tags, single-pixel GIFs, clear GIFs, invisible GIFs, and one-to-one GIFs) and deploy them via a specialist web analytics partner who may be located (and therefore store the corresponding information, including the User's IP address) in a foreign country.


These tags are placed both in online advertisements enabling internet users to access the Site, and on the various pages of the Site.


This technology enables Sway & Co to assess visitors' responses to the Site and the effectiveness of its actions (for example, the number of times a page is opened and the information viewed), as well as the User's use of the Site.


The external service provider may collect information about visitors to the Site and other websites through these tags, compile reports on Site activity for Sway & Co, and provide other services relating to the use of the Site and the Internet.


10. Applicable law and jurisdiction.


Any dispute relating to the use of the website https://swayandco.com is subject to French law. Except where the law does not permit this, exclusive jurisdiction is granted to the competent courts of Clermont-Ferrand.