This Privacy Policy sets out our commitment to protecting the privacy of personal information provided to us, or otherwise collected by us, offline or online, including through this website (Site). In this Privacy Policy we, us or our means SWi Analytics, LLC. When we collect, store and use your personal information, we do so in accordance with U.S. privacy laws and by the European Union General Data Protection Regulation (EU) 2016/679 (the GDPR).

1. Personal information
2. Collection and use of personal information
3. Legal bases for processing (for European Economic Area users)
4. Disclosure of personal information to third parties
5. Our responsibilities as a ‘controller’ under the GDPR
6. Your rights and controlling your personal information
7. Storage and security
8. Cookies and web beacons
9. Links to other websites
10. Amendments

1. PERSONAL INFORMATION

Personal information: The types of personal information or personal data we may collect about you include:

• your name;
• your contact details, including email address, mailing address, street address and/or telephone number;
• your credit card details;
• your demographic information, such as postcode;
• your preferences and/or opinions;
• information you provide to us through customer surveys;
• details of products and services we have provided to you and/or that you have enquired about, and our response to you;
• your browser session and geo-location data, device and network information, statistics on page views and sessions, acquisition sources, search queries and/or browsing behaviour;
• information about your access and use of our Site, including through the use of Internet cookies, your communications with our Site, the type of browser you are using, the type of operating system you are using and the domain name of your Internet service provider;
• additional personal information that you provide to us, directly or indirectly, through your use of our Site, associated applications, associated social media platforms and/or accounts from which you permit us to collect information; and
• any other personal information requested by us and/or provided by you or a third party.

We may collect these types of personal information directly from you or from third parties.

2. COLLECTION AND USE OF PERSONAL INFORMATION

We may collect, hold, use and disclose personal information for the following purposes:

• to enable you to access and use our Site, associated applications and associated social media platforms;
• to contact and communicate with you;
• for internal record keeping and administrative purposes;
• for analytics, market research and business development, including to operate and improve our Site, associated applications and associated social media platforms;
• to run competitions and/or offer additional benefits to you;
• for advertising and marketing, including to send you promotional information about our products and services and information about third parties that we consider may be of interest to you;
• to comply with our legal obligations and resolve any disputes that we may have; and
• to consider your employment application.

3. LEGAL BASES FOR PROCESSING (FOR EUROPEAN ECONOMIC AREA USERS)

If you are an individual in the European Economic Area (EEA), we collect and process information about you only where we have legal bases for doing so under applicable European Union laws. The legal bases depend on the services you use and how you use them. This means we collect and use your information only where:

If you have consented to our use of information about you for a specific purpose, you have the right to change your mind at any time, but this will not affect any processing that has already taken place. Where we are using your information because we or a third party (e.g. your employer) have a legitimate interest to do so, you have the right to object to that use though, in some cases, this may mean no longer using our services.

4. DISCLOSURE OF PERSONAL INFORMATION TO THIRD PARTIES

We may disclose personal information to:

• third party service providers for the purpose of enabling them to provide their services, including (without limitation) IT service providers, data storage, web-hosting and server providers, debt collectors, maintenance or problem-solving providers, marketing or advertising providers, professional advisors and payment systems operators;
• our employees, contractors and/or related entities;
• our existing or potential agents or business partners;
• sponsors or promoters of any competition we run;
• anyone to whom our business or assets (or any part of them) are, or may (in good faith) be, transferred;
• credit reporting agencies, courts, tribunals and regulatory authorities, in the event you fail to pay for goods or services we have provided to you;
• courts, tribunals, regulatory authorities and law enforcement officers, as required by law, in connection with any actual or prospective legal proceedings, or in order to establish, exercise or defend our legal rights;
• third parties, including agents or sub-contractors, who assist us in providing information, products, services or direct marketing to you. This may include parties located, or that store data, outside of the United States; and
• third parties to collect and process data, such as Google Analytics or other relevant businesses. This may include parties that store data outside of the United States.

The third party will only process your personal information in accordance with written instructions from us. When we refer to ‘processing’ in this clause and this Privacy Policy in general, we mean any operation or set of operations which is performed on personal information, whether or not by automated means, such as collecting, recording, organising, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available personal information.

By providing us with personal information, you consent to the disclosure of your personal information to third parties who reside outside the United States and, if you are an individual located in the EEA, to third parties that reside outside the EEA.

Where the disclosure of your personal information is subject to GDPR, you acknowledge that there are risks if the third party outside the EEA engages in any act or practice that would contravene the GDPR and where there is no adequacy decision in place with the country outside the EEA or appropriate safeguards in place with the third party.

5. OUR RESPONSIBILITIES AS A ‘CONTROLLER’ UNDER THE GDPR

Controllers are defined by the GDPR as natural or legal persons, a public authority, agency or other body to which personal information or personal data has been disclosed, whether via a third party or not, and who determines the purposes and means of processing personal information. We are a controller under the GDPR as we collect, use and store your personal information to enable us to provide you with our goods and/or services.

As a controller, we have certain obligations under the GDPR when collecting, storing and using the personal information of individuals based in the EEA. If you are an individual located in the EEA, your personal data will:

• be processed lawfully, fairly and in a transparent manner by us;
• only be collected for the specific purposes we have identified in the ‘collection and use of personal information’ clause above and personal information will not be further processed in a manner that is incompatible with the purposes we have identified;
• be collected in a way that is adequate, relevant and limited to what is necessary in relation to the purpose for which the personal information is processed;
• be kept up to date, where it is possible and within our control to do so (please let us know if you would like us to correct any of your personal information);
• be kept in a form which permits us to identify you, but only for so long as necessary for the purposes for which the personal data was collected;
• be processed securely and in a way that protects against unauthorised or unlawful processing and against accidental loss, destruction or damage.

We also apply these principles to the way we collect, store and use the personal information of our American customers or clients.

Specifically, we have the following measures in place, in accordance with the GDPR:

• Data protection policies: We have internal policies in place which set out where and how we collect personal information, how it is stored and where it goes after we get it, in order to protect your personal information.
• Right to ask us to erase your personal information: You may ask us to erase personal information we hold about you.
• Right to ask us to restrict data processing: You may ask us to limit the processing of your personal information where you believe that the personal information we hold about you is wrong (to give us enough time to verify if the information needs to be changed), or where processing data is unlawful and you request us to restrict the processing of personal information rather than it being erased.
• Notification of data breaches: We will comply with the GDPR in respect of any data breach.

6. YOUR RIGHTS AND CONTROLLING YOUR PERSONAL INFORMATION

Choice and consent: Please read this Privacy Policy carefully. By providing personal information to us, you consent to us collecting, holding, using and disclosing your personal information in accordance with this Privacy Policy. If you are under 16 years of age, you must have; and warrant to the extent permitted by law to us that you have, your parent or legal guardian’s permission to access and use the Site and they (your parents or guardian) have consented to you providing us with your personal information. You do not have to provide personal information to us, however, if you do not, it may affect your use of this Site or the products and/or services offered on or through it.

Information from third parties: If we receive personal information about you from a third party, we will protect it as set out in this Privacy Policy. If you are a third party providing personal information about somebody else, you represent and warrant that you have such person’s consent to provide the personal information to us.

Restrict: You may choose to restrict the collection or use of your personal information. If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by contacting us using the details below. If you ask us to restrict how we process your personal information, we will let you know how the restriction affects your use of our Site or products and services.

Access and data portability: You may request details of the personal information that we hold about you. You may request a copy of the personal information we hold about you. Where possible, we will provide this information in CSV format or other easily readable machine format. You may request that we erase the personal information we hold about you at any time. You may also request that we transfer this personal information to another third party (data portability).

Correction: If you believe that any information we hold about you is inaccurate, out of date, incomplete, irrelevant or misleading, please contact us using the details below. We will take reasonable steps to correct any information found to be inaccurate, incomplete, misleading or out of date.

Complaints: If you believe that we have breached U.S. privacy laws or an article of the GDPR and wish to make a complaint, please contact us using the details below and provide us with full details of the alleged breach. We will promptly investigate your complaint and respond to you, in writing, setting out the outcome of our investigation and the steps we will take to deal with your complaint. 

Unsubscribe: To unsubscribe from our e-mail database or opt-out of communications (including marketing communications), please contact us using the details below or opt-out using the opt-out facilities provided in the communication.

7. STORAGE AND SECURITY

We are committed to ensuring that the personal information we collect is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures such as the pseudonymisation and encryption of personal information, to safeguard and secure personal information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.

We cannot guarantee the security of any information that is transmitted to or by us over the Internet. The transmission and exchange of information is carried out at your own risk. Although we take measures to safeguard against unauthorised disclosures of information, we cannot assure you that the personal information we collect will not be disclosed in a manner that is inconsistent with this Privacy Policy.

8. COOKIES AND WEB BEACONS

We may use cookies on our Site from time to time. Cookies are text files placed in your computer’s browser to store your preferences. Cookies, by themselves, do not tell us your email address or other personally identifiable information. However, they do allow third parties, such as Google and Facebook, to cause our advertisements to appear on your social media and online media feeds as part of our retargeting campaigns. If and when you choose to provide our Site with personal information, this information may be linked to the data stored in the cookie.

We may use web beacons on our Site from time to time. Web beacons (also known as Clear GIFs) are small pieces of code placed on a web page to monitor the visitor’s behaviour and collect data about the visitor’s viewing of a web page. For example, web beacons can be used to count the users who visit a web page or to deliver a cookie to the browser of a visitor viewing that page.

We may use Google Analytics to collect and process data. To find out how Google uses data when you use third party websites or applications, please see www.google.com/policies/privacy/partners/ or any other URL Google may use from time to time.

9. LINKS TO OTHER WEBSITES

Our Site may contain links to other websites. We do not have any control over those websites and we are not responsible for the protection and privacy of any personal information which you provide whilst visiting those websites. Those websites are not governed by this Privacy Policy.

10. AMENDMENTS

We may, at any time and at our discretion, vary this Privacy Policy. We will notify you if we amend this Privacy Policy, by contacting you through the contact details you have provided to us. Any amended Privacy Policy is effective once we notify you of the change.

 

For any question or notices, please contact us at:

SWi Analytics, LLC

Email: editor@analyzingwar.org

 

Notice to California Residents (“Privacy Notice”)

Consumer Privacy. If you are a California resident, the California Consumer Privacy Act (“CCPA”) supplements the information contained in our Privacy Policy and may provide you with additional rights as relate to your Personal Information as described below.

TABLE OF CONTENTS

1. The Kinds of Information We Collect
2. How We Use Personal Information
3. How We Share Personal Information
4. Your Rights and Choices about What Personal Information We Collect and Maintain and How We Use It
5. Non-Discrimination
6. Glossary of Terms
7. Changes to Our Privacy Notice
8. Contact Information

1. THE KINDS OF INFORMATION WE COLLECT.

On our website (“Our Site”), we collect information that, directly or indirectly, identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked to, a particular visitor to Our Site (“Consumer”), who resides in the State of California (“Personal Information”). In particular, your Internet Protocol (IP) address is automatically collected when you visit Our Site. We also collect additional Personal Information about you when you visit Our Site and voluntarily provide that Information. Among the various types of Personal Information, the following are the categories of such Information, which we collect and have collected within the last twelve (12) months:

 

Category	Examples	Collected
A: Identifiers	Real names, email addresses, and Internet Protocol (IP) addresses.	YES
B: Personal information categories listed in California Customer Records statute (Cal. Civ. Code §1798.80(e))	Names, postal addresses, telephone numbers, and education or employment history.	YES
C: Protected classification characteristics under California or U.S. Federal law	Age (40 years or older), and sex (including gender, gender identity, gender expression and sexual orientation), military status, and genetic information.	YES
D: Commercial information	Products or services purchased, obtained or considered, or other purchasing or consuming histories or tendencies.	YES
E: Biometric information	Genetic, physiological, or biological characteristics or activity patterns used to extract a template or other identifier or identifying information such as fingerprints, faceprints or voiceprints, iris or retina scans, keystroke gait or other physical patterns, or sleep, health or exercise data.	NO
F: Internet or other similar network activity	Browsing or search history, or information on consumer interaction with a website or advertisement	YES
G: Geolocation data	Generalized geolocation data extrapolated from IP Addresses	YES
H: Sensory data	Audio, electronic, visual thermal, olfactory or similar information	NO
I: Professional or employment-related information	Current or past job history or job title	YES
J: Non-public information (per the Family Educational Rights and privacy Act (20 U.S.C. §1232g, 34 C.F.R. Part 99))	Education records directly related to students and maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information or student disciplinary records.	NO
K: Inferences drawn from other personal information	Content preferences or interests based on readership.	YES

Personal Information does not include:

• Publicly available information from government records.
• De-identified or aggregated consumer information.
• Information excluded from the scope of the CCPA, like:
• health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data; and
• personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.

We obtain the categories of Personal Information listed above from the following categories:

• Directly from our clients or their agents. For example, from documents that our clients provide to us related to the services, for which they engage us.
• Indirectly from our clients or their agents. For example, through information we collect from our clients in the course of providing services to them.
• Directly or indirectly from activity on Our Site. For example, from submissions through Our Site portal or from usage details collected automatically on Our Site.

2. HOW WE USE PERSONAL INFORMATION.

We may use or disclose the Personal Information we collect for one or more of the following business purposes:

• To provide you with information, products or services that you request from us.
• To provide you with email alerts, event registrations and other notices concerning our products or services, or events or news, that may be of interest to you.
• To carry out our obligations and enforce our rights arising from any contracts entered into with you, including for billing and collections.
• To improve the functionality and performance of Our Site for our users, including the delivery of information and other content to you and delivery of any goods and services you may request.
• For testing, research, analysis and product development.
• As necessary or appropriate to protect (i) the rights, property or safety of us, our clients and other users of Our Site, (ii) the validity and reliability of the content on Our Site and any goods and services provided through that Site.
• To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
• As described to you when collecting your Personal Information or as otherwise set forth in the CCPA.
• To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us is among the assets transferred.

3. HOW WE SHARE PERSONAL INFORMATION.

We may disclose your Personal Information to a third party for a business purpose (as defined in Section 6 below).  When we disclose Personal Information for a business purpose, we enter a contract that describes the purpose and requires the third-party recipient to both keep that Personal Information confidential and not use it for any purpose except for the limited purpose of performing the contract.

We disclose your Personal Information for a business purpose to the following categories of third parties:

• Service Providers (as defined in Section 6 below).
• Third parties, to whom you or your agents authorize us to disclose your Personal Information, in connection with products or services we provide to you.

4. YOUR RIGHTS AND CHOICES ABOUT WHAT PERSONAL INFORMATION WE COLLECT AND MAINTAIN AND HOW WE USE IT.

The CCPA provides consumers (California residents) with specific rights regarding their Personal Information. This section describes your CCPA rights and explains how to exercise those rights.

Access to Specific Information and Data Portability Rights

You have the right to request that we disclose certain information to You about our collection and use of your Personal Information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:

• The categories of Personal Information we collected about you.
• The categories of sources for the Personal Information we collected about you.
• Our business or commercial purpose (as defined in Section 6 below) for collecting or selling (as also defined in Section 6 below) that Personal Information.
• The categories of third parties, with whom we share that Personal Information.
• The specific pieces of Personal Information we collected about YOU (also called a data portability request).
• If we sold (as defined in Section 6 below) or disclosed YOUR Personal Information for a business purpose, two separate lists disclosing:
• sales, identifying the Personal Information categories that each category of recipient purchased; and
• disclosures for a business purpose, identifying the Personal Information categories that each category of recipient obtained.

Deletion Request Rights

You have the right to request that we delete any of your Personal Information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your Personal Information from our records, unless an exception applies.

We may deny your deletion request if retaining the Personal Information you request to have deleted is necessary for us or our service providers to:

1. Complete the transaction, for which we collected the Personal Information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
3. Debug products in order to identify and repair errors that impair existing intended functionality.
4. Exercise free speech, ensure the right of another consumer to exercise his/her free speech rights, or exercise another right provided for by law.
5. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.).
6. If you had previously provided informed consent, engage in public or peer-reviewed scientific, historical, or statistical research in the public interest, that adheres to all other applicable ethics and privacy laws, when deletion of the Personal Information may likely render impossible or seriously impair the purpose(s) of that research.
7. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
8. Comply with any legal obligation(s) we may have.
9. Make other internal and lawful use of that Personal Information that is compatible with the context in which you provided that Information.

Exercising Access, Data Portability, and Deletion Rights

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by emailing us at editor@analyzingwar.org

Only You or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your Personal Information. You may also make a verifiable consumer request on behalf of your minor child.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

• Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
• Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm that the Personal Information relates to you.  Making a verifiable consumer request does not require you to create an account with us.  We will only use Personal Information provided in a verifiable consumer request to verify your identity as the person making the request or having your authority to make the request.

Response Timing and Format

We endeavor to respond to a verifiable consumer request within 45 days of its receipt.  If we require more time (up to 90 days), we will inform you in writing of the reason(s) why we will need more time and the additional time needed.  If you have an account with us, we will deliver our written response to that account.  If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.  Any disclosures we provide will only cover the 12-month period preceding our receipt of your verifiable consumer request.  The response we provide will also explain any reason(s) why we cannot comply with your request (if applicable).  For data portability requests, we will select a format for providing your Personal Information which is readily usable and which should allow you to transmit that Information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded.  If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

5. NON-DISCRIMINATION.

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

• Deny you goods or services.
• Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
• Provide you with a different level or quality of goods or services.
• Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

6. GLOSSARY OF TERMS.

As used in this Privacy Notice, the terms below shall have the following meanings:

“Business purpose” under CCPA means the use of Personal Information for a business’ or service provider’s operational purpose(s) or other notified purpose(s), provided that the use of such information is reasonably necessary and proportionate to achieve the purpose for which the Personal Information was collected or processed or for another operational purpose that is compatible with the context in which the Personal Information was collected or processed. A business purpose includes: (i) auditing interactions with consumers such as counting ad impressions; (ii) security such as protecting against malicious or fraudulent activity; (iii) debugging such as identification and repair of impairments to functionality; (iv) short-term uses not involving disclosure to a third party, building a profile about a consumer, or altering a consumer’s experience outside of the transaction for which the personal information was collected; (v) performing services such as maintaining or servicing accounts and processing or fulfilling orders, verifying customer information, or providing advertising or marketing services; (vi) internal research for tech development; and (vi) quality and safety maintenance and verification.

“Commercial purpose” under CCPA means to induce a person’s commercial or economic interests, such as by inducing a person to buy, subscribe to, or provide goods, services or information.

“Sale” under CCPA means selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a consumer’s Personal Information to a third party for valuable consideration or for no consideration, for the third party’s commercial purposes.

“Service Provider” under the CCPA means a for-profit legal entity, to which we disclose a consumer’s Personal Information for processing for a business purpose pursuant to a written contract between us and the Service Provider.

7. CHANGES TO OUR PRIVACY NOTICE.

We reserve the right to amend this Privacy Notice at our discretion and at any time. When we make changes to this Privacy Notice, we will notify you by email or through a notice on our website homepage.

8. CONTACT INFORMATION.

If you have any questions or comments about this notice, our Privacy Statement, the ways in which we collect and use your Personal Information, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at editor@analyzingwar.org