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PRIVACY POLICY

Introduction

Swibo Limited (“Swibo”) is committed to ensuring the privacy of your information and will collect and hold such personal information only as required to effectively provide our services to you. In particular, the gamified rehabilitation and exercise program, Swibo Tilt. We will hold all personal information collected in accordance with the requirements of the Privacy Act 1993 and the European Union General Data Protection Regulation (“GDPR”).

This statement describes how we collect personal information, why we do so, and what information we collect, and applies across all websites that we own and operate and all software services we provide, including mobile and computer software applications.

Wherever we discuss Personal Data in this statement we mean any information that can either itself identify you as an individual (“Personally Identifying Information”) or that can be connected to you indirectly by linking it to Personally Identifying Information. Swibo also collects and processes anonymous data in aggregated form or not, which is used to analyze product statistics to better improve our user’s experience. This anonymous data does not allow the identification of customers and may be shared with third parties.

If you want to talk to us about this policy and any concerns or queries you have about the use of your personal information, please email us at info@swibo.co.nz

Last Updated: 28th May 2018

Why Swibo collects and processes your data

Swibo uses personal data only as required to effectively deliver the services we provide. In particular this data allows us to create your user accounts, link professional and personal accounts to provide progress measurement and goal assignment, and to help improve the user experience through updates to the software, and communication with you.

 

 

How Swibo collects your data

Swibo collects personal data via our website, the Swibo Tilt software on your computer, and the Swibo Tilt App on your smartphone. This can be split into three different categories:

Information you provide to us directly:

Some parts of our websites and services may ask you to provide personal data to us. In particular we ask for your email address and name when you sign up for an account with us on our website and require you to create a password to access that account. We also ask for your email address when downloading our program from our website for your computer to help you get set up.

Data collected this way includes;

Information we collect automatically:

We collect some information about you automatically when you use our services such as your gameplay statistics to track progress and provide information to professional accounts you have agreed to link with.

Data collected automatically includes;

Cookies: When you enter Swibo websites your computer will automatically be issued with a cookie. These are text files that identify your computer to our server that allow us to improve the speed and reliability of the website and provide you with a better service. Cookies in themselves do not identify individual users and are not used to collect or store personal information about you. Visitors have the ability to set their computers to notify them when a cookie is issued, or to reject any cookies, but the latter means that certain Swibo services may not be provided to the visitor.

Information we get from third parties:

Sometimes we might collect personal information from third party sources, such as trusted third parties like our payment, marketing, and research partners. We use this information to validate your accounts, help you through the setup process, and improve our services.

For more information on these third parties see the data sharing section below.

Data collected this way includes;

How Swibo uses your data

Most importantly, Swibo uses your personal data to operate our software service and website to provide you with the services you sign up for, and to manage our communications with you.

This includes:

To communicate: This may include:

To provide support: This may include assisting you to fix any technical issues you may have with our website, software, or other services, whether by email, in-program support, or otherwise, and only with your express permission.

To improve our services: We may occasionally use your data in aggregate or anonymous forms to analyse the usage of our products for the purposes of improving the services we provide. On occasion this anonymous data may be used to publish reports on the usage of Swibo products and services.

To develop new services: We may also use aggregated or anonymous data to inform the development of new products and services.

How Swibo shares your data:

Where you have authorised us to do so, Swibo will share your personal information with your designated physiotherapist, sports trainer, or other identified professional chosen by you either in communication with Swibo or through the Swibo website or software. Unless you have authorised us to do so, Swibo will not rent or sell your personal information.

Between Swibo Users:

If you are using a Professional Account: As a professional your personal information may be shared with any individuals with whom you share an account, with any clients/patients you add to your account. In particular this includes your name and email address.

If you are using a Personal Account: Using a Personal Account which is linked to a Professional Account gives that professional access to some of your personal information, including your name, email address, and Swibo Tilt activity data. This information is only shared with the professional with your permission, though without this Swibo will be unable to provide the full suite of features for progress tracking and goal setting.

Other Third Parties: In order to provide Swibo services there are a limited number of third parties who help us, and with whom some personal information is shared. These are listed below:

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Stripe:

Swibo uses stripe to process credit card payments, so if you’re signing up for a paid Swibo account you will be asked for payment information by stripe. Swibo does not receive your credit card details directly and does not hold your credit card information

Stripe privacy policy

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Hubspot:

Swibo uses Hubspot to provide customer engagement tools such as our newsletter, and collects your email address if you sign up on our website. This information is shared directly with Swibo and used only for the purpose of provide information to you on Swibo news and products. You can opt out of this mailing list at any time by contacting us at info@swibo.co.nz.

Hubspot privacy policy

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Amazon Web Services (AWS):

Swibo uses AWS to host our servers and services, providing the data storage necessary to our software using S3 and SES email services.

AWS Privacy Policy

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Accessing your personal information

Your personal information is your own and at any time you have the right to:

Access

You may ask to see the personal information that Swibo holds about you at any time by contacting us or by viewing your details through the Swibo software.
 

Editing and Deleting

You may also ask Swibo to correct, alter or delete personal information that we hold about you by contacting us. Where such personal information is shared with a designated party as in section 3.5, Swibo may notify designated party to alterations made for training and therapy purposes.

 

You can exercise any of the above rights any time by contacting us at info@swibo.co.nz.

 

Storage and processing of personal information

It is important to us to maintain high levels of security while storing, transferring, or processing any of your personal information. This is why we use internationally accredited services to do so, such as AWS.

This does mean that your data may be processed in a different country to the one you live and operate in, including our home country of New Zealand, and the location of our AWS servers.

Swibo will retain your personal information until it is no longer needed to provide our services to you, at which point it will be destroyed, made anonymous, or aggregated. At any time, you can have your personal information removed from our system upon request.

 

Links to external websites

This website contains links to external websites. Swibo is not responsible for the privacy policies of any such external websites. This Privacy Policy applies solely to information collected by Swibo.

 

Changes to Privacy Policy

We may modify, alter or otherwise update this Privacy Policy from time to time. Such amendments will be effective immediately upon the posting of the amended Privacy Policy on the Swibo website.

 

 

Terms of Service

1. Definitions

1.1 In these Terms of Service:

(a)     "Agreement" is the agreement contained in these Terms of Service, and includes any revisions to these Terms of Service You subsequently agree to under clause 18(5) and includes any Annexures to this Agreement, as amended from time to time;

(b)     "Swibo" means Swibo Limited (New Zealand Registered Company number 5106281) and includes its successors and assigns, and/or the computer software, mobile phone application and/or balance board marketed as Swibo Tilt;

(c)     "License" is the right to use the Service for the Term that is evidenced by this Agreement;

(d)     “Licensee" is any organisation having been granted a license under this or any other agreement to access and use the Service;

(e)     “Support Documentation” means the marketing and technical support documentation relating to the operation of the Service, as amended from time to time, which appears on the Website. Swibo will use its best endeavours to keep this information current and reflective of the services and products it offers, but offers no warranty as to its currency;

(f)     "Privacy Policy" means the policy adopted by Swibo addressing Licensee information stored by the Service and appears in detail at swibo.co.nz, as amended from time to time;

(g)     "Registration Application" means account sign-up and subscription process;

(h)     "Service" means the Swibo Tilt balance board, Swibo computer software service, Swibo Tilt mobile application software service and all software and technology used in its provision, and includes all services generated by or through it;

(i)     "Website" means the Swibo website and related features at swibo.co.nz or swibo.com.au;

(j)     "You" refers to you as the Licensee of the Service.

 

 

2. Formation of Agreement and Term

2.1

These terms and conditions form the Agreement between Swibo and organisations who use the Service. Please read these terms and conditions carefully as they are the basis of a legal agreement between us. By using the Service You acknowledge that You have read and understood these terms and conditions and agree to be bound by them. Both the organisation and any other persons, including but not limited to officers, directors, employees or agents, who are permitted to use the Service on behalf of the organisation, are subject to these terms, unless otherwise stated.

2.2

Any additional terms and conditions agreed with You outside of this Agreement will prevail to the extent of any inconsistency with these terms.

 

3. Grant of License to use Service

3.1

Swibo shall provide the Service for one 1 calendar month, with automatic renewals monthly thereafter ("the Term"). The Service shall be supplied by allowing You to access and use the Service through the Website or your own software system during the Term.

3.2

Subject to the terms of this Agreement, Swibo hereby grants You a limited, nonexclusive, personal, non-sub-licensable, non-assignable license to access and use the Service for the Term on any browser or other applicable device owned or controlled by You, subject to and in strict compliance with the restrictions described in this Agreement.

 

4. Restrictions on Use of License

4.1

Notwithstanding anything in this Agreement to the contrary, You agree that You shall not:

(a)     Operate or use the Service in a manner that violates any applicable local, state, national or international law or governmental regulation, policy procedure or ordinance;

(b)     Access or use the Service if this license has been terminated by Swibo;

(c)     Operate or use the Service, including the content, services and features contained in it, in a manner that violates this Agreement or the Privacy Policy;

(d)     Sell, assign, rent, lease, distribute, export, import, or otherwise grant rights in the Service, including the granting of a sublicense to any other person or entity, unless otherwise agreed in writing with Swibo Ltd;

(e)     Undertake, cause, permit or authorise the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or breaching the security of (“hacking”) the Service, its software or data;

(f)     Collect any information or communication about any other Licensees or licensed users of the Service by monitoring, or by intercepting any process of or communication initiated by the Service or by developing or using any software or any other process or method that engages or assists in engaging in such activity;

(g)     Attempt to hack the Service or any communication initiated by the Service or to defeat or overcome any encryption and/or other technical protection methods implemented by Swibo with respect to the Service and/or data and/or content transmitted, processed or stored by Swibo or other users of the Service;

 

5. Service Terms and Fees

5.1

You may be required to pay fees by arrangement with Swibo to ensure continued use of the Service. Such fees will be set by Swibo and will be communicated to You prior to them being incurred.

 

6. Support

6.1

If You have queries that are not addressed in the Support Documentation the Licensee may email them to Swibo at info@swibo.co.nz. Swibo will not charge You additional fees for support provided in response to such queries.

6.2

Swibo will use its best endeavours to respond to queries raised under clause 6.1, but nothing in this clause commits Swibo to a course of action or priority or to a timeframe for any response it may make to support queries.

6.3

Additional support may be provided by Swibo and such support services are outlined at Annexure 1, which will be amended from time to time at the sole discretion of Swibo.

 

7. Warranties

7.1

Swibo warrants that it owns the software and databases used in the supply of the Service and that it will use reasonable skill, care and diligence in the provision of the Service.

7.2

Swibo warrants to You that the Service will perform substantially in accordance with any Online Documentation and any amendment thereof following the grant of the Licence to use the Service and during the Term. In this clause “substantially” does not extend to situations whereby a change is made to the Service without a corresponding update being made to the Online Documentation due to, for example, an oversight on the part of Swibo.

7.3

You acknowledge that to the extent that Your access to the Service is for use in Your business that the New Zealand Consumer Guarantees Act 1993 does not apply.

7.4

Other than the warranties expressly contained in this Agreement, those warranties implied by law and which are incapable of exclusion, restriction and modification, Swibo makes no other warranty, representation or undertaking whatsoever in respect of the Service.

 

8. Warranty Claims and Remedies

8.1

To make a claim under any of the warranties provided in clause 7 of this Agreement, You must provide notice to info@swibo.co.nz indicating clearly in what way the Service fails to perform in accordance with the warranties provided under clauses 7.1 and 7.2 above.

8.2

Where the software does not perform substantially in accordance with the Support Documentation or any amended version thereof, the entire and exclusive liability of Swibo and its suppliers, and Your remedy shall be limited at Swibo's option, to the re-supply of the Service, or the refund of fees You paid (if any) for the Term of supply of the Service.

8.3

Where You have mistakenly overpaid Swibo under the Agreement, or made any overpayment to Swibo as a result of any defect or error in any banking transaction initiated as part of the Swibo license payment process, Swibo will refund You within 14 days when You contact us by email at info@swibo.co.nz.

8.4

No other refunds will be provided, including but not limited to refunds for failure to terminate Your subscription prior to renewal.

 

9. Limitation of Liability

9.1

The Swibo Service is provided "as is". Other than those provided in clause 7 of this Agreement, there are no warranties, claims or representations made by Swibo, other than those expressly made in this Agreement, and whether implied or statutory with respect to the Service, including but not limited to warranties of quality, performance, non infringement of copyright, merchantability, or fitness for a particular purpose, nor are there any warranties created by a course of dealing, course of performance or trade usage.

9.2

While Swibo shall endeavour to provide a robust hardware and software network environment to enable provision of the Service to You, Swibo does not represent or warrant that the Service will always be available, accessible, non-interrupted, timely, secure, accurate, completely error-free or will operate without packet loss, nor does Swibo warrant any connection to or transmission from the Internet, or any quality of transmissions of data made through the Service and its associated software.

9.3

You acknowledge that the entire risk of ascertaining suitability or risk arising out of the use or performance of the Service remains with You, to the extent permitted by law.

9.4

In no event shall Swibo, its affiliates, parent companies, subsidiaries, officers, directors, employees or agents be liable to You or to any third party claiming through You, whether in contract or tort (including negligence, breach of statutory duty or otherwise), for any direct or indirect, incidental, special or consequential damages, (including without limitation loss of profit, business, revenue, goodwill or anticipated savings any loss of data, service interruption, or computer failure) arising out of the use or inability to use the Service including any damage resulting therefrom, even if Swibo has been advised of the possibility of such damages.

9.5

To the extent (if any) that Swibo is liable for damage or loss caused to You, the extent of that liability is limited to the fees paid by You (if any) for the Service used.

9.6

Your only right with respect to dissatisfaction or problems with the Service, other than as provided for in clause 8.2 above is to cease to access and to use the Service.

 

10. Force Majeure

10.1

Swibo will make all reasonable efforts to maintain the availability of the Service, but shall not be liable to You or any other party claiming through You in respect of anything which, apart from this provision, may constitute a breach of this Agreement arising by reason of force majeure, including circumstances beyond the control of Swibo which prevent or limit Swibo's ability to perform its obligations under this Agreement.

 

11. Confidentiality

11.1

Swibo, its employees, agents and subcontractors, will keep confidential all data and other information which comes into their possession as a result of the performance of this Agreement.

 

12. Intellectual Property

12.1

Swibo (and its licensors or suppliers, as the case may be) owns all proprietary and intellectual property rights, or has exclusive rights to use same, in the Service (including copyright (including but not limited to trade secrets, software, data format, text, graphics, and sound recordings), trademarks (including but not limited to logos, brands and get-up), trade names, business names and company names, domain names, websites, designs, and patents that are used in supplying the Service, whether they are registered or unregistered, and includes all rights to the registration of such rights, whether created before or after the date that these terms are accepted) and other material underlying and forming part of the Services. You may not without our prior written permission, in any form or by any means:

(a)     Adapt, reproduce, reverse engineer, copy, store, distribute, perform, publish or create derivative software works from any part of the Service; or

(b)     Commercialise or copy the Service.

 

13. Security and Data

13.1

Swibo shall provide a secure environment to protect the integrity and security of the Service and of Your data and will use all practical endeavours to prevent data loss, but Swibo provides no guarantee or warranty in relation to loss of data.

13.2

Any data entered by You using the Service remains Your property, and a copy of this information is available upon request to info@swibo.co.nz, emailed to you within two weeks from the date such information is requested.

13.3

Any data entered by other users and licensees of the Service remains the property of those users and licensees, and this Agreement in no way whatsoever transfers ownership in that data to You.

13.4

Swibo will not access, use or make available Your data to any third party without Your prior consent. User information will be shared with a nominated medical professional for the purpose of fulfilling provision of the Service to that user.

13.5

Notwithstanding clause 13.4, You agree to allow Swibo to aggregate and use the metrics surrounding Your data for the purpose of analysing its business and technical performance, including but not limited to benchmarking and comparison.

13.6

You agree not to undertake, cause, permit or authorise the hacking of the Service or any part thereof (including data).

 

14. Service and Maintenance

14.1

Periodically, and for the purpose of Swibo performing routine maintenance, applying software updates and security patches and updates, the Service may be unavailable to You (“Outage”) from time to time.

14.2

Wherever practically possible You will be notified in advance by email of any such Outage, giving the time of the Outage and the estimated time of unavailability of the Service.

 

15. Privacy

15.1

Swibo collects personal information from users through their use of the Services and the Website. Swibo will comply with its obligations under the Privacy Act 1993 (NZ).

15.2

While accessing and using the Service, You shall at all times comply with applicable obligations under the Privacy Act 1993 (NZ).

 

16. Goods and Services Tax

16.1

The parties agree that where the Licensee is based in New Zealand, then where dollar amounts are stated in this Agreement and its Annexures, those amounts are exclusive of New Zealand Goods and Services Tax of 15%.

 

17. Indemnity

17.1

You agree to indemnify Swibo, its officers, directors, shareholders, employees, agents and subcontractors from and against any and all damage, loss, cost, liability, tax and expense whatsoever (including all solicitor's fees on a solicitor/client basis, all actual court costs and associated fees and expenses and all disbursements) incurred by them relating to a breach by You of any term of this Agreement.

 

18. Notices

18.1

All notices under this Agreement must be made in writing and must be served:

(a)     By Swibo upon You by email sent to the email address used by You to register the Service;

(b)     By You upon Swibo by email sent to info@swibo.co.nz

 

19. Miscellaneous

19.1

You may not assign Your rights, interests or obligations under this Agreement to any person without first obtaining the written consent of Swibo.

19.2

The failure by any party to enforce any provisions of this Agreement at any time shall not operate as a waiver of that provision in respect of the particular act or omission or any other act or omission.

19.3

This Agreement shall be governed by the laws of New Zealand, and each party irrevocably submits to the non exclusive jurisdiction of the New Zealand courts.

19.4

From time to time Swibo may revise the terms of this Agreement by publishing them at swibo.co.nz. Through the continuation of use of the Service You agree to the revised terms, whereupon this Agreement shall be deemed altered and replaced by the revised Agreement.

19.5

Electronic Signatures: You acknowledge and agree that by clicking on the ACCEPT button (or similar buttons or links as may be designated by Swibo to show Your acceptance of this Agreement and/or Your agreement to access and use the Service), You are entering into a legally binding contract. You hereby agree to the use of electronic communication in order to enter into contracts and create other records and to the electronic delivery of notices, policies and records of transactions initiated or completed through the Service. Furthermore, You hereby waive any rights or requirements under any laws or regulations in any jurisdiction which require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent permitted under applicable law.

19.6

Jurisdictional Matters: By entering into this Agreement You explicitly warrant that You have verified in Your own jurisdiction if Your use of the Service is permitted.

 

ANNEXURE 1: Support Services

At this stage Swibo offers no additional support services, unless otherwise agreed directly between Swibo Ltd and the Licensee. This is subject to change upon the posting of an updated copy of this document to swibo.co.nz.

 


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