Privacy Policy

Last updated: May 23, 2018

Can’t Live Without It, LLC d/b/a S’well Bottle (“S’well”, "us", "we", or "our") operates www.swellbottle.com (the "Site"). This page informs you of our policies regarding the collection, use and disclosure of Personal Information we receive from users of the Site. We are the controller for personal information submitted to us under this Policy.  S’well takes its customers’ and consumers’ data privacy rights very seriously and has enacted this Policy to ensure those rights are maintained and protected. This Policy is reviewed on a quarterly basis for accuracy and compliance.

By using the Site, you agree to the collection and use of information in accordance with this policy.

Information Collection And Use

While using our Site, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. Personally identifiable information may include, but is not limited to the following, hereinafter referred to as your “Personal Information” or “Personal Data”:

  • your order details and order history;
  • your first and last name;
  • your physical address for both shipping and billing purposes;
  • your telephone number;
  • your email address;
  • your device’s Internet Protocol (“IP”) address;
  • your device’s browser type;
  • the pages of our Site that you visit;
  • the time and date of your visit to this Site;
  • the time spent on our Site pages; and
  • your credit card information, including credit card number, security code and expiry date.

This Personal Information is used internally to improve the user experience of the Site , enhance communications between S'well  and the Site's users, and to enable our company vendors to process orders, returns, refunds, and credits placed  via the Site.

Third Party Processors of Your Personal Information

S’well uses the following categories of third party processors to enable it to process orders, refunds, credits, and refunds via  the Site.

  1. Credit Card Processor – S'well does not save any credit card information on its own servers. S’well collects your Personal Information and sends it to our credit card processor in order to process your orders, refunds, credits, and returns as initiated through your use of this Site. Your Personal Information is then processed on this processor’s external server. Your Personal Information is stored by S’well for twelve (12) months from our initial collection of your Personal Information or for the necessary duration of time to fulfill all pending and reasonably-foreseeable future orders, whichever is later, or as related to any legally permissible purpose. For information on our credit card processor, including how to access your Personal Information processed by this provider, please contact us at privacy@swellbottle.com.
  1. Order Management and Accounting System Processor – S’well collects your Personal Information and sends it to our order management and accounting system processor in order to process your orders and returns initiated by your interaction with S’well through this Site, or to fulfill any other related business purpose to assist in the management of your order. Your Personal Information is then processed on this processor’s external server. Your Personal Information is stored by S’well for twelve (12) months from our initial collection of your Personal Information or for the necessary duration of time to fulfill all pending and reasonably-foreseeable future orders, whichever is later, or as related to any legally permissible purpose. For information on our content and order management system processor, including how to access your Personal Information processed by this provider, please contact us at privacy@swellbottle.com.
  1. Cloud Storage Processor – S’well collects your Personal Information and sends it to our cloud storage provider in order to assist in the fulfillment and processing of your order placed through this Site. Your Personal Information is then processed on this processor’s external server. Your Personal Information is stored by S’well for twelve (12) months from our initial collection of your Personal Information or for the necessary duration of time to fulfill all pending and reasonably-foreseeable future orders, whichever is later, or as related to any legally permissible purpose. For information on our cloud storage processor, including how to access your Personal Information processed by this provider, please contact us at privacy@swellbottle.com.
  1. Fulfillment Services Processor – S’well collects your Personal Information and sends it to our fulfillment services processor in order to properly fulfill and ship your orders, returns, and refunds as transacted through this Site. Your Personal Information is then processed on this processor’s external server. Your Personal Information is stored by S’well for twelve (12) months from our initial collection of your Personal Information or for the necessary duration of time to fulfill all pending and reasonably-foreseeable future orders, whichever is later, or as related to any legally permissible purpose. For information on our fulfillment services processor, including how to access your Personal Information processed by this provider, please contact us at privacy@swellbottle.com.
  1. Social Media Processor – S’well does not collect your social media information, handles, or account information through this Site. However, S’well does interact with leading social media companies to improve our communications and interactions with our customers and consumers. Your Personal Information is then processed on these processors’ external servers. Your Personal Information is stored by S’well for twelve (12) months from our initial collection of your Personal Information or for the existence of our constant communications with you through your social media information, whichever is later, or as related to any legally permissible purpose. For information on our social media processors, including how to access your Personal Information processed by these providers, please contact us at privacy@swellbottle.com.
  1. Project Management Software Processor – S’well may collect your Personal Information and send it to our project management software processor in order to assist in the fulfillment of your order placed through this Site. Your Personal Information is then processed on this processor’s external server. Your Personal Information is stored by S’well for twelve (12) months from our initial collection of your Personal Information or for the necessary duration of time to fulfill all pending and reasonably-foreseeable future orders, whichever is later, or as related to any legally permissible purpose. For information on our project management software processor, including how to access your Personal Information processed by this provider, please contact us at privacy@swellbottle.com.
  1. Applicant Management Platform Processor – Should you apply for a position at S'well, S’well will collect your Personal Information, in addition to your work history and all other related information included on your resume or other career-application related materials and send it to our applicant management platform processor in order to consider your application, resume, and related materials for employment at S’well or one of its businesses. Your Personal Information is stored by S’well for twelve (12) months from our initial collection of your Personal Information or as an update is made to your Personal Information, whichever is later, or as related to any legally permissible purpose. For information on our applicant management platform processor, including how to access your Personal Information processed by this provider and by S’well, please contact us at privacy@swellbottle.com.
  1. Log Data Processor – Like many site operators, we collect information that your browser sends whenever you visit our Site ("Log Data"). This Log Data is included in your Personal Information explained in more detail above. S’well collects your Log Data and sends it to third party processing companies to learn visitation patterns and success of our Site’s functionality. We use this data on an aggregate basis to understand how the site is used and the characteristics of our audiences. Your Personal Information is then processed on these processors’ external servers. Your Personal Information is stored by S’well for twelve (12) months from our initial collection of your Personal Information or for the existence of our constant communications with you through your social media information, whichever is later, or as related to any legally permissible purpose. For information on our social media processors, including how to access your Personal Information processed by these providers, please contact us at privacy@swellbottle.com.

Communications

We may use your Personal Information to contact you with newsletters, marketing or promotional materials and other information that we use to create advertisements on third party sites.

Cookies

Cookies are files with a small amount of data, which may include an anonymous unique identifier. Cookies are sent to your browser from a web site and stored on your computer's hard drive. Like many sites, we use "cookies" to collect information. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Site. We may, from time to time, conduct “retargeting” efforts in which we use cookies to  advertise to our website visitors on their devices through social media and/or display advertisements. At this time, most retargeting it limited to residents of the United States. This is subject to change at S’well’s discretion. To opt-out of all retargeting, please contact privacy@swellbottle.com.

“Do Not Track” Signals

Our Site does not support Do Not Track (DNT) at this time. DNT is a privacy preference you can set in your web browser to indicate that you do not want certain information about your web page visits tracked and collected across websites. For more details, including how to turn on Do Not Track, visit www.donottrack.us.

Cross Border Transfers

We transfer, process, and store information about you on servers located in the United States. Therefore, your information may be transferred to, stored, or processed in the United States or other countries outside of the country where you are accessing and using the Site, whose data protection, privacy, and other laws may not provide the same level of protection as those in the country in which you are accessing and using the Site. For example, government entities in the United States and other countries may have certain rights to access your personal information. If we transfer your information outside of the country where you are accessing and using the Site in this way, we will take steps to ensure that appropriate security measures are taken with the aim of ensuring that your privacy rights continue to be protected as outlined in this policy. For specific European Union residents’ rights in relation to overseas data transfers, please see the “European Union Residents’ Privacy Rights” section below. 

By using the Site, you understand and consent to the collection, storage, processing, and transfer of your information to our facilities in the United States and to those third parties with whom we share it as described in this Privacy Policy.

Security

The security of your Personal Information is important to us, but remember that no method of transmission over the Internet, or method of electronic storage, is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.

California Privacy Rights

FOR RESIDENTS OF CALIFORNIA ONLY. Section 1798.83 of the California Civil Code requires select businesses to disclose policies relating to the sharing of certain categories of your Personal Information with third parties. If you reside in California and have provided your Personal Information to us, you may request information about our disclosures of certain categories of Personal Information to third parties for direct marketing purposes. Such requests must be submitted to us at one of the following addresses: privacy@swellbotle.com or S’well Bottle, Legal Department, 28 West 23rd Street, Floor 5, New York, New York 10010.

Within thirty (30) days of receiving such a request, we will provide a list of the categories of Personal Information disclosed to third parties for third-party direct marketing purposes during the immediately preceding calendar year, along with the names and addresses of those third parties. This request may be made no more than once per calendar year. We reserve our right not to respond to requests submitted other than to the address specified in this section, if not labeled or sent properly, or does not have complete information.

European Union Residents’ Privacy Rights

If you are a resident of the European Union ("EU") or the United Kingdom (“UK”), you may have certain additional rights, as detailed below. For purposes of this notice, “personal data” has the meaning ascribed in the EU General Data Protection Regulation, which can be viewed here.

  1. PROCESSING BASES AND CONSEQUENCES

To process your personal data, we rely on the following legal bases:

  • For the performance of a contract we have with you (such as if you use our services to purchase a product from our Site, we'll use your information to fulfill your order).
  • For compliance with a legal obligation to which we are subject (such as tax obligations and when we are obliged to comply with lawful requests from competent authorities such as law enforcement).
  • For the purposes of our legitimate interests (such as tailoring your experience on our Site and for fraud detection), provided that such processing does not outweigh your rights and freedoms.

The processing may also be pursuant to other applicable legal bases for data processing, especially provisions set out by particular Member State law.   To the extent that a legal ground described above would not apply to processing of your Personal Information by us, we will seek your consent for such specific purpose in accordance with applicable law.

  1. YOUR RIGHTS

To the extent a specific element of our processing of your Personal Information relies upon your consent, you may withdraw such consent at any time with future effect. Such a withdrawal will not affect the lawfulness of the processing prior to the consent withdrawal.

If you wish to object to the processing of your personal data on the basis of legitimate interest and no opt-out mechanism is available to you directly, please send your request to privacy@swellbottle.com.

If you do not provide us with certain portions of your personal data, we may not be able to fulfill the requested purpose of collection, such as to respond to your queries or to provide our Site to you. However, unless otherwise specified, not providing your personal data will not result in legal consequences for you.

Additional data privacy rights:   Below please find information on additional rights you may have under applicable law:

  • Access: You may request that we confirm whether or not we are processing your Personal Information. If we are, you may request a copy of your Personal Information, which we will provide free of charge, together with information about the such processing, such as the purposes of the processing and the categories of Personal Information concerned. However, this is not an absolute right and the interests of other individuals may restrict your right of access. For further copies, we may charge a reasonable fee based on administrative costs. We may decline requests which are excessive, particularly if repetitive.
  • Rectification: You may edit some of your Personal Information in your Site account. You may also ask us to change, update or fix your personal data in certain cases, particularly if it’s inaccurate.
  • Erasure: You may request the erasure of your personal data.
  • Restrict Processing: You may ask us to restrict the processing of your Personal Information under certain circumstances, such as if your Personal Information is inaccurate or unlawfully held.
  • Data portability: You may ask for a copy of the Personal Information you provided to us in a structured, commonly used and machine-readable format and you may have the right to transmit this data to another entity.
  • Object: You may object to the processing of your Personal Information on grounds relating to your particular situation under certain circumstances, for example for direct marketing. If you have a right to object and you exercise this right, your Personal Information will no longer be processed for such purposes by us, unless there are overriding compelling legitimate grounds for the processing or as otherwise provided under applicable law.

Please note that these rights may be limited under applicable laws.

Please note that we may need to retain certain information for recordkeeping purposes, to complete any transactions that you began prior to your request, or for other purposes as required or permitted by applicable law.

  1. INTERNATIONAL TRANSFERS

Your Personal Information may be transferred to and processed by recipients that are located inside or outside the European Economic Area ("EEA"). For recipients located outside of the EEA, some are certified under the EU-U.S. Privacy Shield and others are located in countries with adequacy decisions (see list here), and, in each case, the transfer is thereby recognized as providing an adequate level of data protection from a European data protection law perspective. Other recipients might be located in countries which do not provide an adequate level of protection from a European data protection law perspective and for which we will base the transfer on appropriate safeguards, such as standard data protection clauses adopted by the European Commission or by a supervisory authority, approved codes of conduct together with binding and enforceable commitments of the recipient, or approved certification mechanisms together with binding and enforceable commitments of the recipient. You may request a copy of such appropriate safeguards by contacting us at privacy@swellbottle.com.

Changes To This Privacy Policy

This Privacy Policy will remain in effect except with respect to any changes in its provisions in the future, which will be in effect immediately after being posted on this page. We reserve the right to update or change our Privacy Policy at any time and you should check this Privacy Policy periodically. Your continued use of the Service after we post any modifications to the Privacy Policy on this page will constitute your acknowledgment of the modifications and your consent to abide and be bound by the modified Privacy Policy. If we make any material changes to this Privacy Policy, we will notify you either through the email address you have provided us, or by placing a prominent notice on our website.

Contact Us

If you have any questions about this Privacy Policy, please contact us at privacy@swellbottle.com or S’well Bottle, Legal Department, 28 West 23rd Street, Floor 5, New York, New York 10010.