PRIVACY POLICY

Bergen Enterprises, LLC d.b.a. SwiftRec (Company) knows that you care how information about you and your patients is used and shared, and it appreciates your trust that we will do so carefully and sensibly. The Company takes your privacy seriously. The following privacy terms are part of the Terms of Service between you and the Company. By using SwiftRec, you are consenting to the practices described in this Privacy Policy, as may be modified or updated from time to time (this Policy).

The Company strives to be transparent in the way we process and use your data. Please read this Policy so you understand the Company’s practices.

The Company keeps your information secure.

This Policy covers how the Company treats personal information that is collected and received through its website, networks, embeddable widgets, downloadable software, web and mobile applications (including tablet applications), and other services provided by the Company and on which a link to this Policy is displayed (collectively, SwiftRec). This includes information related to your use of SwiftRec and information about you that is personally identifiable, such as your name, email address, and IP address.

Data Collection. Information you provide in the application form when you register to use SwiftRec is collected (“User Data”, “personally identifiable information,” “personal information” or “personal data.”) All these terms refer to information that specifically relates to or identifies a particular user of the platform. Personal information also includes information that when linked to other information identifies a specific individual. When you register, we ask for a limited amount of personal information, including, but not limited to, your email address. When you sign into SwiftRec, you are not anonymous to us. The Company also collects information about your transactions with us, including, but not limited to, information about your use of SwiftRec.

“Cookies” Information . When you use SwiftRec, the Company may send one or more cookies – small text files containing a string of alphanumeric characters – to your device. The Company may use both session cookies and persistent cookies. A session cookie disappears after you close your browser. A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits to SwiftRec. Consult your device’s web browser “Help” file to learn the proper way to modify your cookie settings. Please note that if you delete, or choose not to accept, cookies from SwiftRec, you may not be able to utilize the features of SwiftRec to their fullest potential.

“Automatically Collected” information. If you consent by using SwiftRec, the Company may automatically record certain information from your device by using various types of technology, including “clear gifs” or “web beacons” or APIs. This “automatically collected” information may include your IP address or other device address or ID, web browser and/or device type, the web pages or sites that you visit just before or just after you use SwiftRec, the pages or other content you view or otherwise interact with on SwiftRec, and the dates and times that you visit, access, or use SwiftRec. The Company also may use these technologies to collect information regarding your interaction with email messages, such as whether you opened, clicked on, or forwarded a message. This information is gathered from all users.

Collected Information. The Company uses the information it collects in a variety of ways in providing SwiftRec and operation of its business, including the following: 

·        to operate, maintain, enhance and provide all features of SwiftRec, to provide services and information that you request, to respond to comments and questions and otherwise to provide support to users.

·        to understand and analyze the usage trends and preferences of our users, to improve SwiftRec, and to develop new products, services, feature, and functionality.

·        the Company may use your email address or other personally identifiable information we collect (i) to contact you for administrative purposes such as customer service, to address intellectual property infringement or other claimed violations of the Terms of Use or (ii) to send communications, including updates on promotions and events, relating to products and services offered by us that are related to SwiftRec. Generally, you have the ability to opt-out of receiving any promotional communications as described below under "Your Choices."

·        the Company may use "cookies" information and "automatically collected" information to: (i) personalize services, such as remembering your information so that you will not have to re-enter it during your visit or the next time you visit SwiftRec; (ii) provide customized advertisements, content, and information; (iii) monitor and analyze the effectiveness of SwiftRec; (iv) monitor aggregate website and mobile app usage metrics such as total number of visitors and pages viewed; and (v) track your entries, submissions, and status in any promotions or other activities on SwiftRec.

Privacy of Message Recipients

Many users of SwiftRec will use the platform to send messages to individuals outside the platform. The Company will NOT contact these individuals outside the platform for outreach, marketing, or solicitation nor will SwiftRec sell these emails to third parties. We respect the privacy of anyone you, as a user, contact outside the platform. Emails collected when a message is sent are stored securely and are encrypted during message transmission.

 

Sharing or Disclosing Information. The Company shares or discloses user information only as described below. The Company will not disclose or share your information that the Company collects from your use of SwiftRec to third parties (i) without your consent or (ii) in the following circumstances:

·        The Company works with third party service providers that provide website, application development, hosting, maintenance, data transmission, data processing, and other services for the Company. These third parties may have access to or process your information as part of providing those services for us. However, we limit the information provided to these service providers to that which is reasonably necessary for them to perform their functions. In addition, they agree by contract to maintain the confidentiality of such information.

·        The Company may make certain automatically-collected, aggregated, or personally-identifiable information available to third parties for various purposes, including (A) to monitor network traffic or activity in order to detect or protect you, the Company or others from malware, fraud, unlawful uses or other illegal activity, (B) compliance with various reporting obligations; (C) for business or marketing purposes; or (D) to assist such parties in understanding the Company’s users’ interests, habits, and usage patterns for certain programs, content, services, advertisements, promotions, or functionality available through SwiftRec.

·        The Company may disclose your information if required to do so by law or in the good-faith belief that such action is necessary to comply with state or federal laws (such as U.S. copyright law), in response to a court order, judicial or other government subpoena or warrant, or to otherwise cooperate with law enforcement or other governmental agencies.

·        The Company may disclose your information when the Company believes, in good faith, that disclosure is appropriate or necessary to (A) take precautions against liability, (B) protect the Company or others from fraudulent, abusive, or unlawful uses or activity, (C) investigate and defend itself against any third party claims or allegations, (D) protect the security or integrity of SwiftRec or any facilities or equipment used to make SwiftRec available, or (v) protect the Company’s property or legal rights (including, but not limited to, enforcement of its agreements), or the rights, property, or safety of others.

·        Information about the Company’s users, including personal information, may be disclosed and otherwise transferred to an acquirer of the Company, or to a successor or assignee as part of any merger, acquisition, debt financing, sale of assets, or similar transaction, as well as in the event of an insolvency, bankruptcy, or receivership in which information is transferred to one or more third parties as one of our business assets. In the event the Company is acquired by or merged with another company, the terms of this Policy shall continue to apply. The Company also reserves the right to display targeted advertisements based on personal information.

Information Retention Policy. Except when the Company believes it is required to retain your personal information by law, effective beginning May 25, 2018, the Company will only retain your personal information for two years after the Company becomes aware that you have ceased using SwiftRec. However, the Company may not know if you have stopped using SwiftRec so you are encouraged to contact the Company at info@swiftrec.io if you are no longer using SwiftRec. The Company may retain other information that is not personally identifiable for backups, archiving, prevention of fraud and abuse, analytics, or where we otherwise reasonably believe that the Company has a legitimate reason to do so.

Your Choices and Rights. If you wish to access, change or delete personal information the Company holds about you, you may contact the Company at info@swiftrec.io. If the Company changes or deletes your personal information or if you decline to actively share certain personal information with the Company, the Company may not be able to provide you SwiftRec or some of the features and functionality of SwiftRec. Depending on your location, you may have some or all of the following rights in relation to how we use your personal information:

·        Access: you may request access to your personal information and receive copies of it;

·        Correction: you may have inaccurate/incomplete personal information corrected and updated;

·        Object to, or Limit or Restrict, Use of Data: you can ask the Company to stop using all or some of your personal information or to limit our use of it.

·        Deletion: in certain circumstances, you can request a right "to be forgotten" (this is a right to have your information deleted or our use of your data restricted). The Company will honor such requests unless the Company must retain this information to comply with a legal obligation or unless the Company has an overriding interest to retain it.

·        Portability: in certain circumstances, you may exercise the right to data portability (this is a right to obtain a transferable version of your personal information to transfer to another provider).

·        Consent Management: where the Company relies on consent to process your personal data, you may withdraw consent at any time. You do not have to provide a reason for your withdrawal where processing is based on consent.

If you wish to exercise any of these rights, or wish to object to the Company’s use of your information, please email the Company at info@swiftrec.io and the Company will consider your request in accordance with applicable laws. Keep in mind, the Company may reject requests for certain reasons, including, but not limited to, if the request is unlawful or if it may infringe on the rights and freedoms of another person. For your protection, the Company may ask you to provide proof of identity before it can answer the above requests.

Device permissions. Mobile platforms have permission systems for specific types of device data and notifications, such as camera and microphone as well as push notifications. Where applicable, you can change your settings on your device to either consent or oppose the collection of the corresponding information or the display of the corresponding notifications. Of course, if you do that, certain features and services of SwiftRec may lose full functionality.

Uninstall. You can stop all information collection by contacting SwiftRec as info@swiftrec.io.

If you receive email from the Company, you may unsubscribe at any time by following the instructions contained within the email. You may also opt-out from receiving commercial email from the Company, and any other promotional communications that the Company may send to you from time to time, by sending your request to us by email at info@swiftrec.io. Please be aware that if you opt-out of receiving commercial email from the Company or otherwise modify the nature or frequency of promotional communications you receive, it may take up to ten business days for your request to be processed, and you may receive promotional communications that you have opted-out from during that period. Additionally, even after you opt-out from receiving commercial messages, you will continue to receive administrative messages regarding SwiftRec.

Third-Party Services. SwiftRec may contain features or links to websites and services provided by third parties that are not affiliated with the Company or SwiftRec. This Policy does not apply to the practices of such companies. Any information you provide on third party sites or services is provided directly to the operators of such services and is subject to those operators’ policies, if any, governing privacy and security, even if accessed through the Service. The Company is not responsible for the content or privacy and security practices and policies of third party sites or services to which links or access are provided through SwiftRec. We encourage you to learn about third parties’ privacy and security policies before providing them with information.

Age Requirements. SwiftRec is for use by persons 18 years of age and older only.

Confidentiality and Security. The Company limits internal access to your personal information to employees who we reasonably believe require this information in order to do their jobs or to provide products and services to you. The Company uses reasonable and appropriate measures to help protect the integrity and security of personal information that is collected and maintained. The Company cannot, however, ensure or warrant the security of any information you transmit or store in your Account or on the Company, and you do so at your own risk. The Company also cannot guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of the Company physical, technical, or managerial safeguards. If the Company learns of a security systems breach, then the Company may attempt to notify you electronically so that you can take appropriate protective steps. the Company may also post a notice through the Company if a security breach occurs. Depending on where you live, you may have a legal right to receive notice of a security breach in writing.

International Users and Data Transfers. SwiftRec is hosted in the United States and is intended for visitors located within the United States. If you choose to use SwiftRec from the European Union or other regions of the world with laws governing data collection and use that may differ from U.S. law, note that you are transferring your personal information outside of those regions to the United States for storage and processing. Also, the Company may transfer your data from the U.S. to other countries or regions in connection with storage and processing of data, fulfilling your requests, and operating SwiftRec. By providing any information, including personal information, on or to SwiftRec, you consent to such transfer, storage, and processing.

Policy Updates. The Company may update this Policy at any time. The Company will notify you of any material change to this Policy by placing a notice in a prominent place on our web site or app. If you have further questions or suggestions regarding this Policy, you can contact the Company at info@swiftrec.io.

Notice for California Users. Under Cal. Civ. Code § 1798.80, a user residing in the State of California has the right to request from the Company a list of all third parties to which the Company has disclosed personal information during the preceding year for direct marketing purposes. The Company does not obey “Do Not Track” signals from a user’s Internet browser. These disclosures are made under Cal. Bus. & Prof. Code § 22575.