General
California Consumer Privacy Act Disclosures
Notice Regarding “do Not Track” Signals
Contact Us
Notice Of Right To Opt Out
Complaints
Last Updated: January 19, 2023
THIS SUPPLEMENT IS INTENDED FOR RESIDENTS OF CALIFORNIA. WE ENCOURAGE YOU TO READ THIS SUPPLEMENT CAREFULLY AND USE IT TO MAKE INFORMED DECISIONS. BY USING OUR SERVICES, YOU AGREE TO THE TERMS OF THE PRIVACY POLICY AND THIS SUPPLEMENT, AND YOUR CONTINUED USE OF THE SERVICES CONSTITUTES YOUR ONGOING AGREEMENT TO THE PRIVACY POLICY AND THIS SUPPLEMENT.
General
This Privacy Policy Supplement entitled “Your California Privacy Rights” outlines the individual rights Swordfish AI Inc. (the “Swordfish”, “we,” “us,” or “our”) provides to the residents of California with respect to collecting, using and disclosing personal information when providing our online services (collectively, the “Services”) and constitutes an integral part of Swordfish’s Terms of Service (“Terms”, and collectively, the “Agreement”).
This Supplement is an integral part of the Swordfish Privacy Policy linked here. It is not a standalone privacy policy. Rather, this Supplement provides privacy disclosures to California residents as required by California law to supplement the Privacy Policy. In particular, it discusses categories of personal information Swordfish has collected and individual rights of California residents relative to that personal information.
As stated in the Privacy Policy, we collect personal information from “Users,” who are Swordfish individual customers or business customer representatives who download, install, or use the Swordfish browser extension. We also collect personal information from “Contacts,” who are people whose identities are being confirmed, who are the subject of an investigation, or who are being contacted by Users, for example for recruitment or sales purposes. Using the Swordfish Services (e.g., plugin or website interface), Users can lookup “Business Profiles” of Contacts by social media URL, name, phone number, email address, or postal address. The Services return the available contact information (name, phone number, email address, location (city and country), company name, and job title) and social media account URLs.
In 2018, the State of California enacted the California Consumer Privacy Act (CCPA). In 2020, the voters of California passed a ballot initiative which enacted the California Privacy Rights Act (CPRA), which amends and supplements CCPA. This supplement assists in our compliance program for CCPA, CPRA, and other applicable privacy laws
CCPA/CPRA DISCLOSURES
(i) Categories of Personal Information and Recipients
The table below summarizes the categories of personal information we collect from California residents (and have collected in the last 12 months), the purposes for which the categories of personal information will be used, and the categories of recipients to whom Swordfish has disclosed (including for a business purpose) and sold personal information (and has done so in the past 12 months).
| Categories of Personal Information Collected | Purposes of Use | Categories of Recipients to Whom The Personal Information Was Disclosed and Sold | |
|---|---|---|---|
| “Identifiers” such as a real name, alias, postal address, telephone number, email address, and account name. We collect all the above Identifiers from Users. We collect name, phone number, email address, location (city and country), company name, and job title, as well as social media account URLs from Users and about Contacts. We also require Users to select a account name (username) and password. | Users: Identifiers about Users are used for marketing, for opening new user accounts to use Swordfish’s Services, and to maintain existing accounts. User names and passwords are used to authenticate Users to Swordfish's platform. Contacts: Identifiers are used to provide Services to Users. Users query our Services and receive Identifiers of Contacts in response. | Identifiers of Contacts are sold and disclosed to Users. | |
| Information (other than Identifiers already described above) that identifies, relates to, describes, or is capable of being associated with, a particular individual, including, but not limited to: | Signature | We may collect signatures on forms used for identiy verification purposes for California residents or their agents seeking to exercise individual rights. | Not applicable. |
| Employment information (job title and business contact information). | We collect company name and job title for Contacts. This information is used to provide Services to Users in response to their queries. | ||
| Bank account number, credit card number, debit card number, or any other financial information. We collect this information from Users. | Payment information is used for paying for Services. | Payment information is never sold. It is, however, disclosed to payment gateway service providers that process payments from Users on behalf of Swordfish. | |
| Context-specific personal information not specifically covered within the other categories in this table: the Swordfish website uses the Smartlook service operated by Smartlook.com, s.r.o. The Smartlook service records session information showing how visitors use and take action on websites and mobile apps. | The recordings of uses of the Swordfish website is collected for amongst other things troubleshooting errors and bugs as well as for research and analytics purposes about your use of the Services. | Not applicable. Swordfish uses the personal information collected in this category strictly for internal use. | |
| Commercial information, including records of products and services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. We collect this information about Users. | For our accounting records, we maintain records of what purchases Users made, when and for how much. | Our accountants and financial advisors may have access to commercial information of Users. | |
| Electronic information. The information in this table is almost all in electronic form. | See the other cells in table. | See the other cells in table. | |
| Professional or employment-related information (job title and business contact information). | We collect company name and job title for Contacts. This information is used to provide Services to Users in response to their queries. |
We may also use personal information for purposes that are compatible with the purposes disclosed above.
Account names used to log into Swordfish (usernames) and passwords are considered “sensitive personal information.”
The sources of the personal information we collect is explained in the Swordfish Privacy Policy.
(ii) Individual Rights Under CCPA/CPRA
The CCPA and CPRA afford certain individual rights to California residents. We describe these rights in this section. Our obligation to afford you these rights or provide notifications to you, however, are subject to any contrary laws, rules, or law enforcement demands.
Right of Access and Data Portability
Upon request, we will tell a California resident the categories and specific pieces of personal information we have collected about that resident in the previous 12 months. In addition, upon request, we will disclose to a California resident:
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The categories of personal information we have collected about that California resident.
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The categories of sources from which the personal information is collected.
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TThe business or commercial purpose for collecting or selling that California resident’s personal information.
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The categories of third parties with whom we share personal information.
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The specific pieces of personal information we have collected about that California resident.
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The categories of personal information that we have sold about that California resident.
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The categories of personal information that we disclosed about a California resident for a business purpose.
The identity of any person making such a request must be verified as a condition of providing the requested information.
Right of Deletion
You have the right to request that we delete any of your personal information that we collected from you and retained by us, subject to certain conditions and exceptions under the law. For instance, we have the right to retain personal information needed to:
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Complete the transaction for which the personal information was collected, provide a good or service requested by the California resident, or reasonably anticipated within the context of our ongoing business relationship with the California resident, or otherwise perform a contract between our business and the California resident.
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Help to ensure security and integrity to the extent the use of the consumer’s personal information is reasonably necessary and proportionate for those purposes.
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Conduct solely internal uses that are reasonably aligned with the expectations of the California resident based on the California resident’s relationship with us.
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Comply with a legal obligation.
The identity of any person making such a request must be verified in accordance with the verification procedures below as a condition of deleting the personal information as requested.
Right of Correction
You have the right to request that we correct any inaccurate or out-of-date personal information that we collected about you, subject to certain conditions exceptions. We may have a legal right or obligation to preserve personal information as it currently exists. If we do not update certain personal information, we will give specific reasons for refusing to do so and provide a contact point for further inquiries.
The identity of any person making such a request must be verified in accordance with the verification procedures below as a condition of correcting the personal information as requested.
Right to Restrict Usage of Sensitive Personal Information
You have the right to request that we restrict usage of what is defined as sensitive personal information under California law. The only sensitive personal information we collect and use is account information – usernames and passwords. Nonetheless, by policy, we never disclose usernames and passwords to third parties that are not our parent companies or affiliates and only use them for authenticating you when you try to access our website.
How to Exercise Individual Rights
If you wish to contact us about any of your rights as set out in this section, please contact us by one of the methods listed below in the Contact Us section. Please contact us using one of these methods if you wish to have an authorized agent make a request for individual rights on your behalf.
Verification of Requests to Exercise Individual Rights
We will verify your identity in response to a request to exercise your individual rights as follows:
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We will verify your identity in response to a request to exercise your individual rights by requiring that you to provide two pieces of information that Swordfish already has in the Contact’s Business Profile from the following categories: for instance, email address, telephone number, or social media account.
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In addition, in the case of a request for specific pieces of personal information, we will ask for an additional piece of information that Swordfish already has in the Contact’s Business Profile in addition to the two pieces described above, together with a signed declaration under penalty of perjury that the requestor is the consumer whose personal information is the subject of the request or a representative acting on behalf of that consumer.
We will not provide or delete information as requested if we are unable to verify the identity of the requestor as required above or have reason to believe that the request is fraudulent. We may ask for additional verification if we suspect fraud, such as a copy of an identification credential from the requestor. We will use any such additional information strictly for identity verification purposes, and it will be deleted following the completion of the verification process.
For any agent or conservator seeking to exercise individual rights on behalf of a California resident, the agent or conservator will need to provide proof of their identity, proof of the resident’s identity, and proof of the agent’s or conservator’s authority to act on behalf of the California resident. Examples of proof of authorization include a power of attorney under the California Probate Code or certified letters of conservatorship. Please contact us by one of the methods listed below in the Contact Us section for additional details on exercising individual rights on behalf of a California resident.
Policy Against Discrimination
California residents have a right not to receive discriminatory treatment by any business covered by the CCPA/CPRA for the exercise of the privacy rights conferred by the CCPA/CPRA. Accordingly, Swordfish will not discriminate against individual California residents for exercising any of their rights under the CCPA/CPRA, including by:
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Denying goods or services to the California resident
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Charging different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties.
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Providing a different level or quality of goods or services
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Suggesting that the California resident will receive a different price or rate for goods or services or a different level or quality of goods or services
Sale of Personal Information of Minors
Swordfish does not knowingly sell the personal information of minors under 16 years of age.
Retention of Personal Information
See Section 10 of our Privacy Policy.
Notice To California Residents Regarding “do Not Track” Signals
Under California law, online service providers must disclose in their privacy policies how they respond to “do not track” settings. These are settings users can set in their browser software. Currently, there is no standard governing what, if anything, a website operator should do when receiving a “do not track” signal. Accordingly, Swordfish does not currently take action in response to a “do not track” browser setting. As industry standards regarding do not track settings emerge, Swordfish will revisit and amend this policy to account for these standards.
Contact Us
If you have any questions, comments or concerns about this Supplement or about our privacy practices, seek to exercise any of your privacy rights under applicable law, or wish to access, change, or update personal information we have about you, you should first contact us by email at contact@swordfish.ai. You may also contact us at this email address if you are aware of abuse or misuse of our Services. If you are a Contact, you may also opt out of the sale of your personal information as stated in the next section.
If you wish to reach us by phone to exercise any of your privacy rights, you may call us toll free at +1 855-596-6906.
Notice Of Right To Opt Out
If you prefer that we not sell your personal information (by disclosing your Business Profile to our Users, vendors or business partners), you may opt-out by filling in your relevant details at www.swordfishapp.com/Optout.
Complaints
If you have a complaint about our privacy practices regarding California residents, please follow the procedures in our Privacy Policy in the section titled Contact Us; Exercising Individual Rights; Complaints
