Swell Network Privacy policy

Last updated

September 24, 2024

Privacy Policy

Last Updated: September 13, 2024

This Privacy Policy of Overflow Foundation ("we," "us," or "our") describes the information we collect when you use our website, interact with our services, or engage with us. It outlines what we do with that information, how we protect it, and your rights. By using our services, you consent to the practices outlined in this policy.

Controller Details

Overflow Foundation
3119, 9 Forum Lane, Camana Bay, George Town, Grand Cayman KY1-9006, Cayman Islands
Contact email: info@overflowfoundation.io

Scope of This Policy

This Privacy Policy applies to all personal information ("Personal Information") collected by us. Personal Information includes information that can reasonably be used to identify an individual or household, including, but not limited to, identity data, transaction data, device data, and usage information.

This policy does not apply to anonymized or de-identified data that cannot be used to identify you.

Personal Information We Collect

We may collect, store, use, and transfer the following types of Personal Information:

Identity Data: Cookie ID, email address.
Transaction Data: Cryptocurrency wallet address(es), transaction history, deposits, and withdrawals.
Device Data: IP address, device type and model, browser type and version, operating system type and version, geolocation, and other technical data.
Usage Data: Information about how you use our website, services, and products.
Marketing Data: Preferences for receiving marketing from us and your communication preferences.

Data Collection for U.S. and EU Residents

We aim to respect the privacy rights of users in the United States and the European Union, in accordance with applicable privacy laws such as the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA).

We do not intentionally collect Personal Information from residents of the U.S. or the EU beyond what is strictly necessary for the basic functioning of our services (e.g., cookies for website performance). If you are a resident of these jurisdictions, please be aware that:

We do not knowingly collect, store, or process any Personal Information unless required to perform basic functions such as maintaining security, handling essential transactions, or complying with legal obligations.
If you reside in the U.S. or the EU and believe we have inadvertently collected your Personal Information, you may request its deletion by contacting us at info@overflowfoundation.io.
We offer opt-out mechanisms and data access/deletion requests, in compliance with the GDPR, CCPA, and other applicable laws.

Additional Rights for U.S. Residents

If you are a resident of the United States, you may have additional rights under applicable U.S. privacy laws, including but not limited to the California Consumer Privacy Act (CCPA) and other state-specific privacy laws. These rights include:

Right to Access: You have the right to request that we disclose the specific pieces of Personal Information we have collected about you, as well as information about our data collection, use, and sharing practices over the past 12 months.

Right to Deletion: You have the right to request that we delete any Personal Information we have collected from you, subject to certain exceptions allowed by law.
Right to Opt-Out of Sale: We do not sell your Personal Information as defined under U.S. law. However, you have the right to opt out of any future potential sale of Personal Information by notifying us.
Right to Non-Discrimination: You have the right to be free from discrimination for exercising any of your rights under U.S. privacy laws.

To exercise your rights under the CCPA or other applicable U.S. laws, please contact us at info@overflowfoundation.io. We will respond to verifiable requests in accordance with the timelines required by law.

If we are required to process any Personal Information from U.S. or EU users, we ensure that such processing is conducted under lawful bases such as explicit consent, contractual necessity, or legal obligation. You may also exercise your rights to access, rectify, restrict, or delete your Personal Information as described in the Your Rights section above.

How We Collect Information

We collect Personal Information in the following ways:

Direct Interactions: Information you provide directly by using our services, opening an account, or interacting with us via email or social media.
Automated Technologies: Information collected via cookies, web beacons, and other tracking technologies during your use of our website.
Blockchain Transactions: Immutable records created through interactions with blockchain-based smart contracts.

How We Use Your Personal Information

We use your Personal Information for the following purposes:

Service Provision: To present our services and products, process your transactions, and provide customer support.
Account Management: To create, maintain, and secure your account.
Personalization: To personalize your experience on our website and recommend relevant content.
Legal Compliance: To comply with legal obligations and law enforcement requests.
Marketing: To send promotional content based on your consent. You can opt out of receiving marketing communications at any time; you may opt out of marketing communications by clicking the unsubscribe link in our emails or contacting us at info@overflowfoundation.io. We will not send promotional emails without your explicit consent.
Analytics and Improvement: To analyze website traffic, monitor performance, and improve our services.
Fraud Prevention: To verify identity and prevent unauthorized access or fraudulent activity.

Legal Basis for Processing

We process Personal Information based on different lawful grounds, depending on the nature of the interaction and the purpose of processing. The table below outlines the specific lawful bases for each type of data processing we conduct:

Basic Table

Processing Activity	Type of Data Processed	Legal Basis for Processing
Account Registration and Management	Identity Data, Transaction Data, Device Data	Performance of a contract: Processing is necessary to create and manage your account, facilitate transactions, and provide customer support.
Transaction Processing and Blockchain Interactions	Transaction Data, Identity Data	Performance of a contract: To execute your cryptocurrency transactions and fulfill your requests for services.
Website Personalization and User Experience	Usage Data, Device Data, Marketing Data	Legitimate Interests: To improve user experience, ensure website functionality, and provide relevant content, provided such interests do not override your fundamental rights.
Marketing Communications	Identity Data, Marketing Data	Consent: We will only send marketing communications if you have given your explicit consent. You may withdraw this consent at any time.
Legal Compliance (e.g., Anti-Money Laundering)	Identity Data, Transaction Data	Legal Obligation: To comply with applicable laws and regulatory requirements such as anti-money laundering (AML) and Know Your Customer (KYC) regulations.
Fraud Prevention and Security	Identity Data, Transaction Data, Device Data	Legitimate Interests: To protect our platform and users from unauthorized access, security threats, and fraud.
Analytics and Service Improvement	Usage Data, Device Data	Legitimate Interests: To monitor website performance and improve our services, while ensuring user privacy is protected.
Responding to Law Enforcement Requests	Identity Data, Transaction Data, Device Data	Legal Obligation: To comply with requests from law enforcement agencies or government authorities.

Performance of Contract: When processing is necessary to fulfill a contract with you.
Consent: When you provide explicit consent, such as for marketing purposes or cookies.
Legal Obligations: To comply with legal or regulatory requirements.
Legitimate Interests: For purposes like security, fraud prevention, or service improvement, when these do not override your rights.

Cookies and Tracking Technologies

We use cookies and similar tracking technologies to enhance your experience on our website. The types of cookies we may use include:

Strictly Necessary Cookies: Essential for the website's functionality.
Performance/Analytics Cookies: To gather usage data and improve website performance.
Marketing Cookies: To display personalized ads and track engagement.

You can manage your cookie preferences through your browser settings.

How We Share Your Personal Information

We may share your Personal Information:

With our subsidiaries and affiliates.
With third-party service providers who assist in providing our services (e.g., hosting services, analytics providers).
To comply with a legal obligation or respond to a lawful request by public authorities.
In connection with a business transaction, such as a merger or acquisition.
With your explicit consent for any other purpose.

We conduct thorough due diligence on third-party service providers to ensure that they comply with applicable data protection laws. When transferring data across borders, we ensure that all necessary safeguards are in place.

We do not sell your Personal Information to third parties.

Blockchain and Permanent Data

Blockchain records are immutable. Any transactions made on public blockchains, including interactions with our services, create permanent, uneditable records. We are unable to modify or delete personal data stored on public blockchains.

While blockchain transactions are immutable, we implement safeguards to anonymize and protect personal information to the greatest extent possible. We also comply with deletion requests for data that is not stored on the blockchain.

Security

We implement appropriate technical and organizational measures to protect your Personal Information from unauthorized access, alteration, or loss. However, please note that no method of transmission over the internet is entirely secure, and we cannot guarantee absolute security.

Data Retention

We retain your Personal Information for as long as necessary to fulfill the purposes for which it was collected or to comply with legal obligations. Personal Information stored on blockchains is permanent and cannot be deleted.

Your Rights

You have the following rights under applicable data protection laws:

Access: Request access to your Personal Information.
Rectification: Correct any inaccuracies in your Personal Information.
Erasure: Request deletion of your Personal Information where applicable.
Restriction: Request a restriction on processing your Personal Information.
Objection: Object to the processing of your Personal Information for direct marketing purposes.
Portability: Receive your Personal Information in a structured, commonly used, and machine-readable format.
Withdraw Consent: Withdraw consent where processing is based on your consent.
Automated Decision-Making: You have the right to object to automated decision-making and profiling.

To exercise your rights, please contact us at info@overflowfoundation.io.

International Data Transfers

Your Personal Information may be transferred to and processed in countries outside of your own, including countries that may not have data protection laws equivalent to those in your jurisdiction. In such cases, we ensure that appropriate safeguards are in place to protect your Personal Information. These safeguards may include:

Standard Contractual Clauses (SCCs): When transferring data to service providers in countries that do not provide adequate data protection under applicable laws, we implement SCCs approved by regulatory authorities to ensure that your data is protected.
Privacy Shield: Where applicable, we rely on frameworks such as the EU-U.S. and Swiss-U.S. Privacy Shield for transatlantic data transfers.
Other Lawful Mechanisms: In certain cases, we may rely on your explicit consent or other lawful mechanisms to transfer data across borders.

We regularly conduct due diligence on our third-party processors to ensure that they comply with data protection standards that meet or exceed applicable U.S. and international laws.

Changes to This Privacy Policy

We may update this Privacy Policy from time to time. Any changes will be posted on this page, and we will notify you of significant updates via email or a prominent notice on our website. The "Last Updated" date at the top of this policy indicates when the latest changes were made.

Contact Information

If you have any questions about this Privacy Policy, please contact us at: