Privacy Policy

SWAG operates its web-based, location aware, mobile application (available at: speakwithageek.com) wherein Business Users can find local Geeks to resolve their tech needs in a timely, reliable, and cost effective way (the “Services”). SWAG core business principles dictate that we protect the privacy of our End Users and all those who use our Services. With this principle in mind, SWAG created this Privacy Policy to demonstrate our commitment to your privacy. Any capitalized terms not otherwise defined herein shall be read as defined in our Terms of Service.

Unless otherwise noted, SWAG is located inside of the United States; however, End Users using SWAG maybe located anywhere in the world and subject to additional privacy mandates by applicable law. Please note that the failure to use the Services in line with this Privacy Policy may result in immediate termination of the Services, among other actions.

1. What Information do we Collect?

SWAG collects information about End Users that End Users provide directly to SWAG through SWAG’s website or mobile application, and passively during End User’s use of the Services. Collectively, the information collected about End User of SWAG is referred to as "Information".

  1. When End Users register for our Services, we ask them for personal information including, but not limited to, name and contact information, company name, name of business representative, title of business representatives, company address, telephone number, email address, username and password, and (when applicable) billing information which may include credit card numbers. End Users may also provide us with Information regarding the services entered into between End Users (e.g., what services a Geek provides to a Business User).
  2. We receive Information directly from End Users and from other End Users doing business-to-business transactions with other End Users, for verification and mobile application management purposes. End Users provide us with the email address, and sometimes the name, of each person conducting business with End User.
  3. From time to time, after End Users transact through SWAG, they may market to each other offline, in addition to using SWAG. However, before End Users engage in such marketing and before they receive such Information about other End Users, we contractually require that End Users warrant that a pre-existing relationship with the End User exists or that End Users otherwise have permission to send and receive communications with each End User. Spamming is strictly prohibited, as is using SWAG to collect Information for any other purpose other than to participate as a Business User or Geek.
  4. End Users have the opportunity to solicit feedback in the form of comments and concerns relating to products and services offered through SWAG. End Users are solely responsible for the contents of communications they develop and we do not control the theme or questions asked, and we do not have any obligation to remove any such feedback, although we reserve the right to do so.
  5. We may also collect and log Information relating to: (i) if and when an End User responds to a promotion; and (ii) if and when an End User has engaged in a transaction. In addition, we may also receive other Information that you consent to send to SWAG through the Service.
  6. We also log End User’s Internet Protocol addresses to ensure the accuracy of the network data and for system administration purposes, including tracking a web session so that we know when, how often and what web-pages of our websites are visited. We also use End User’s Internet Protocol address to analyze and develop reports on the number and frequency of End User’s use of our Services. To prevent the need to re-insert username and password as you move from one page of our websites to the next, we do use “cookies” - short pieces of information used by web browsers to temporarily remember information provided by a user. But, cookies are generally deleted once the web browser used to access a website is closed.
  7. We track, in real time, the location of all End Users to provide End Users with the location of Business Users and Geeks. This feature enables End Users to determine the location of other End Users, in order to decide whether they should engage in a transaction.

2. How Do We Use Information?

  1. We use your Information in the normal course of our business, including to contact you regarding technical support, discuss billing issues, or to bring to your attention any aspect of our mutual business. We may also use your contact information to provide you with policy or product updates or to introduce new products and services. All Information resides in our database primarily for the benefit of you, our End Users. At your direction, we use an End User's email address (and perhaps name) to send invitations, reminders, and communications relating to SWAG. We also use Information to improve the performance of our site and Services by analyzing site and End User behavior, including frequency of use, troubleshooting technical problems, resolving disputes and to address complaints, and to verify compliance with the Terms of Use. If SWAG intends to use any Information in a manner that deviates from this Privacy Policy we will provide notice of how we intend to use that Information. The use of that specific Information will be used solely as stated in the alternative disclosure.
  2. SWAG does not use or disclose any individual Information to any third-parties for any purposes, except to provide the Services to End Users. SWAG may use Information on an anonymous basis (i.e., without identifying any individual or company) to establish aggregate benchmarks on issues relating to certain business analytics.

3. With Whom Do We Share Information?

We never sell personally identifying Information, and we do not share the Information with any third parties except under the following very limited circumstances:

  1. With other End Users: Our Services provide tools that allow you, our End User, to conduct meaningful business and marketing with other End Users. Accordingly, we provide you with access to the other End User Information when engaging in transactions and make your Information available to other SWAG End Users on your profile. We do not share personally identifying information about the End User or with any third-party, except as stated herein. You may use the Information consistent with your own Privacy Policy and applicable law. We are not responsible for your improper disclosure or use of any Information obtained from the Services.
  2. As You Explicitly Allow: We may share or otherwise use your End User Information as you explicitly allow us to. For example, you are given the opportunity to either hide or make available to End Users certain contact information in connection with a business offering or marketing opportunity. Additionally, End Users may receive opportunities to opt-in to receive communications from third-parties offering promotions of interest.
  3. Agents Acting on Our Behalf: We may share some of your Information with other companies who provide us with technical, billing, and other type of essential supporting services. They will be contractually granted access to only that Information which is necessary for them to do their jobs and they will be prohibited from using the Information for any other purpose including sharing the Information with any other party.
  4. For Legal Reasons: We may be required to respond to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims, and such responses may require disclosure of Information. We may also share your Information to investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of our terms of use, or as otherwise required by law. However, electronic communications made through the SWAG service may be deemed an “electronic communication” by SWAG. As such, SWAG reserves the right to protect Information that it believes is protected from compelled disclosure pursuant to the Electronic Communications Privacy Act, 18 U.S.C. § 2510, et seq., (“ECPA”) and the Stored Communications Act, 18 U.S.C. § 2701, et seq., (“SCA”), in addition to protections afforded by state law. The protections provided under the SCA and ECPA enable SWAG to prevent governmental authorities and private persons from seeking compelled disclosure of certain electronic communications.
  5. Affiliates and Acquisition: We may share Information with our affiliated companies or during any real or potential acquisition or merger of our company by or with another. We will notify you if your Information becomes subject to a different Privacy Policy.

4. Can the Information be Changed?

Your End User Information may be viewed and modified in our active database in real-time, at any time. The changed Information may remain in archives and records for some period of time.

5. How is Information Protected?

Our Site has security measures in place to protect your Information. Unique usernames and passwords must be entered each time a person logs on. Our Service websites are hosted in a secure server environment that uses a firewall and other technology to prevent access from outside intruders, in line with prevailing industry standards. Internally, we use security-logs, train our employees, and limit access to SWAG personnel who need to know the Information to deliver the Services. When transmitting sensitive Information, we use encryption technology. All of our technology and processes are not, however, guarantees of absolution security. End Users must actively protect their Information by maintaining the confidentiality of all usernames and passwords and by adequately installing the appropriate anti-virus programs and security measures on their own systems and mobile phones. You must immediately notify SWAG if any information security breach is suspected.

Contact us at info@speakwithageek.com.

6. Changes in the Privacy Policy:

As we are constantly improving the Services and expanding our business, we reserve the right to modify this Privacy Policy from time to time to reflect such improvements. In the event we make such changes, we will announce the changes and post the new policy at speakwithageek.com/terms. Information collected after the new policy is posted will be used in conformance with the new policy. Information gathered under the old policy will continue to be used in conformance with that policy. We may use Information according to our new privacy policies, but in such event, we will take reasonable measures to notify End Users of the changes and obtain their consent to use the information in line with the new policy.