Privacy-Policy

Privacy Policy

This Privacy Policy applies to your use of swivelcrm.com, advisorfirst.com, any of their respective subdomains, and all related apps and services offered by, through, and from those websites including the Swivel℠ software platform (the “Services”).

The following terms will be used throughout this Privacy Policy:

  • All references to “us” (and similar words such as “we” and “our” and regardless if such words are capitalized) mean Advisor First, LLC, a Kansas limited liability company, doing business as Swivel℠.
  • All references to “you” (and similar words such as “your” and “yours” and regardless if such words are capitalized) mean the individual using the Services, and if you are using the Services on behalf of a business entity, it means both you and that business.
  • All references to the “Subscriber” mean the individual or business that purchases and pays for the subscription through the Services.  Under those circumstances, “Subscriber” may also refer to and mean you

By clicking to accept this Privacy Policy when this option is made available to you and/or by using the Services, you agree to this Privacy Policy. If you are using the Services on behalf of a business entity, then you acknowledge and confirm that you are authorized to use the Services on behalf of that business and you are agreeing to this Privacy Policy on behalf of both you and that business. If you do not agree to this Privacy Policy, you must not access or use the Services.

Information We Collect

Anonymous Data

We may collect (or you may provide to us) information which is not personal in nature and which cannot be used to identify you as a specific individual or business (“Anonymous Data”).

Personal Data

As a result of your use of the Services, we may collect (or you may provide to us) the following types of information (“Personal Data”):

  • Basic Information: Your name, business name, address, email address, phone number, photos, videos, and similar types of information.
  • User Account Information: Usernames, nicknames, passwords, and similar types of information.
  • Payment Information: Payment information including credit/debit card numbers, account numbers, and similar types of information.
  • Information We Collect Automatically: We may collect information about you automatically, including your IP address, operating system, browser ID, browsing activity, time stamps, site navigation, button clicks, and similar types of information. We may also use and/or collect cookies and other types of data files (such as web beacons and cookie-equivalent technology), some of which may be stored on your computer or electronic device for use when you use the Services.
  • 3rd Party Information: We may collect additional information about you on your behalf through 3rd Party Services, including but not limited to Google, Nylas, Microsoft, and Yahoo.

Your Content

As a result of your use of the Services, you may provide to us certain information, other than your Personal Data, that is utilized by you to use and benefit from the Services.  Such information may include your customer/client data (including personal and financial information regarding your customers/clients), text, documents, images, audio, videos, and similar types of information (“Your Content”). 

We do not own or claim ownership over Your Content.  We also do not direct or control the use and storage of Your Content on the Services.  This is especially the case for any personal or financial information of your customers/clients (“Your Customer Data”) that you use or store with the Services.  Only you (and your Subscriber, if applicable) may access, store, use, or export Your Customer Data.  We generally do not know the extent and contents of Your Customer Data and we do not access Your Customer Data, except as authorized by you (or your Subscriber, if applicable) and if necessary to provide or improve the providing of the Services to you.  We do not act as “data controllers” as it relates to Your Customer Data.  We only act, if at all, as a mere processor of Your Customer Data.  We will not share Your Customer Data with any third parties, unless authorized by you (or your Subscriber, if applicable) to do so.  We will take commercially reasonable measures to protect the confidentiality of Your Customer Data.  However, you should review the “Security” section in this Privacy Policy below, as such section contains important information and limitations on ensuring confidential treatment of Your Customer Data.

Sensitive Personal Data

You should not provide us with any sensitive information about you, including for example your racial or ethnic origins, political opinions, religious or philosophical beliefs, trade union membership information, genetic data, biometric data, health data, sex life data, or sexual orientation data.

How We Use Your Information

Anonymous Data

We may use Anonymous Data for any purpose not otherwise prohibited by applicable law, without your consent, without providing notice to you, and without providing compensation to you, including without limitation sharing and selling Anonymous Data to third parties.

Personal Data

We will not share or sell your Personal Data except as otherwise provided in this Privacy Policy.

We may use your Personal Data as follows:

  • Provision and Customization of Services: We may use your Personal Data to provide the Services to you for their intended purposes, as well as to customize and/or enhance your use of the Services. These Services may include but are not limited to, calendar and email synchronization through 3rd Party Services, including but not limited to Google, Nylas, Microsoft, and Yahoo.
  • Sharing with Subscribers: If you are using the Services under a subscription purchased by a Subscriber, then we may share your Personal Data with that Subscriber (or other person and businesses as authorized by that Subscriber) to the extent needed to provide them with the Services which they purchased.
  • Customization of Services: We may use your Personal Data to customize and/or enhance your use of the Services.
  • Advertising: We may use your Personal Data to serve more customized ads to you on the Services.
  • Communications: We may use your Personal Data to send communications to you, including marketing communications.
  • Payments: If you purchase goods or services through our Services, then we may use your Personal Data to process your purchase and payment.
  • Sharing with Affiliates & Third Parties: We may share your Personal Data with our affiliates and other third parties to accomplish the purposes outlined in this Privacy Policy and in our Terms of Service. This includes sharing your Personal Data with third party payments processors.
  • Retention: We may store and retain your Personal Data for purposes of using it as described in this Privacy Policy. However, we do not have any obligation to store your Personal Data for the benefit of you or any other third party.
  • Per our Terms of Service: We may use your Personal Data as provided in our Terms of Service.

Your Content

We will never sell Your Content.  We also will never share Your Content except as otherwise provided in this Privacy Policy.

We may use Your Content (including Your Customer Data) as follows:

  • Provision and Customization of Services: We may use Your Content to provide the Services to you for their intended purposes, as well as to customize and/or enhance your use of the Services.
  • Sharing with Subscribers: If you are using the Services under a subscription purchased by a Subscriber, then we may share Your Content with that Subscriber (or other person and businesses as authorized by that Subscriber) to the extent needed to provide them with the Services which they purchased.
  • Customization of Services: We may use Your Content to customize and/or enhance your use of the Services.
  • Sharing with Third Parties: We may share Your Content with third parties, authorized by you (or Subscriber, if applicable), to accomplish the purposes outlined in this Privacy Policy and in our Terms of Service.
  • Retention: We may store and retain Your Content for purposes of using it as described in this Privacy Policy. However, we do not have any obligation to store Your Content for the benefit of you or any other third party after you stop using the Services.
  • Per our Terms of Service: We may use Your Content as provided in our Terms of Service.

Improvements to the Services

If you share ideas or suggestions with us regarding how to improve or modify our Services, then we may use the same as provided in our Terms of Service.

Compliance with Legal Process

We may use and/or share your Personal Data as follows: (a) to comply with court orders, valid discovery requests, valid subpoenas, and other appropriate legal mechanisms; (b) to respond to lawful requests by public authorities, including to meet national security or law enforcement requirements; (c) to prosecute and defend a court, arbitration, or similar legal proceeding; (d) with our representatives and advisors, including attorneys and accountants; and/or (e) if we have a good faith belief that disclosure is necessary to enforce this Privacy Policy or our Terms of Service or to investigate or prevent illegal or immoral actions.

Aggregated Data

We may aggregate your Personal Data with information we have about other users, individuals, and business, for the purpose of converting your Personal Data into Anonymous Data. Once converted, we may use that information as provided in this Privacy Policy.

Your Choices Regarding Your Information

Account Settings

Some of the information you provide to us may be changed or deleted by you in your account settings. However, even if you change or delete that information, we may retain previous versions of the information for a reasonable period of time in order to continue providing the Services.

Cookies & Tracking Data

You may restrict our ability to use cookies and certain other types of data files by adjusting the settings on your device or browser.

Deleting Your Data

You may request that we delete your Personal Data from the Services, but we do not have any obligation to honor that request.

Security

We have implemented commercially reasonable measures designed to secure your personal information and Your Content from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of the Services, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information and Your Content, we cannot guarantee the security of your personal information or Your Content transmitted through the Services. Any transmission of personal information or Your Content is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained with the Services.

Power to Amend This Privacy Policy

This Privacy Policy is effective as of the Last Modified date at the bottom of this page.

We may amend this Privacy Policy at any time, for any reason, and in our sole discretion. Your continued use of the Services after the amended Privacy Policy is posted at www. https://www.swivelcrm.com/privacy-policy/ (the “Privacy Policy Page”) will constitute your acknowledgment and agreement to the amended Privacy Policy. However, to the extent the amended Privacy Policy materially alters your rights or obligations in this Privacy Policy, the amended Privacy Policy will become effective upon the earlier of (a) your continued use of the Services with actual knowledge of the amended Privacy Policy; or (b) 30 days after the amended Privacy Policy is posted on the Privacy Policy Page. You will be deemed to have “actual knowledge” of an amended Privacy Policy if notice of such amended Privacy Policy is provided to the email address associated with your user account. You are also expected to check the Privacy Policy posted on the Privacy Policy Page with enough frequency to enable you to be aware of any changes to the Privacy Policy.

 

This Privacy Policy was modified and made effective on 7.13.2023, and replaces all prior versions except as otherwise stated herein.