‍This Privacy Policy Frequently Asked Questions (FAQ) applies to your use of swivelcrm.com, advisorfirst.com, any of their respective subdomains, and all related apps and services offered by, through, and from those websites including the Swivel℠ software platform (the “Services”). This FAQ summarizes our privacy policy as contained in the Privacy Data and Protection Agreement (PDPA) you signed when subscribing to the Services or obtaining a user account to use the services. The PDPA covers these issues in much greater detail, and to the extent there is a perceived conflict between this FAQ and the PDPA, the PDPA controls.

In this FAQ, “we,” “us,” or “you” mean Advisor First, LLC, a Kansas limited liability company, doing business as Swivel℠. The “Subscriber” means the individual or business that purchases and pays for the subscription through the Services. “You” or “your” mean the individual using the Services (who may or may not also be a Subscriber), and if you are using the Services on behalf of a business entity, it means both you and that business.

Technical Data: We may collect technical information about you automatically, including your IP address, operating system, browser ID, browsing activity, time stamps, site navigation, button clicks, device information (including device identification numbers, type of device, and operating system of device) and similar types of information. We may also use and/or collect cookies and other types of data files, some of which may be stored on your computer or electronic device for use when you use the Services.

Personal Data: As a result of your use of the Services, we may collect (or you may provide to us) personal data, including your name, business name, address, email address, phone number, photos, videos, usernames, nicknames, passwords, payment information, and similar types of information. We will not share your Personal Data with any third parties, unless authorized by you (or your Subscriber, if applicable) to do so, or required to do so by law.

Anonymous Data: We may collect (or you may provide to us) information which is not personal in nature, and which cannot be used to identify you as a specific individual or business. We may aggregate your Personal Data with information we have about other users, individuals, and business, for the purpose of converting your Personal Data into Anonymous Data. For example, your specific address is Personal Data, but the number of users with addresses in a given state is Anonymous Data.

Client Data: As a result of your use of the Services, you may provide to us your customer/client data (including personal and financial information regarding your customers/clients), text, documents, images, audio, videos, and similar types of information.

We do not own or claim ownership over your Client Data. We also do not direct or control the use and storage of your Client Data on the Services. Only you (and your Subscriber, if you are not the subscriber) may access, store, use, or export your Client Data. We generally do not know the extent and contents of your Client Data and we do not access your Client Data, except as authorized by you (or your Subscriber, if applicable) and if necessary to provide or improve the providing of the Services to you. We will not share your Client Data with any third parties, unless authorized by you (or your Subscriber, if applicable) to do so, or required by law to do so. We will take commercially reasonable measures to protect the confidentiality of your Client Data. For more information, please refer to the Privacy and Data Protection Agreement you signed when establishing your user account.

Prohibited Data: You should not provide us with any sensitive information about you or your clients unnecessary for the purpose of the Services, including for example racial or ethnic origins, political opinions, religious or philosophical beliefs, genetic data, biometric data, sex life data, or sexual orientation data.

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How we use your information varies based on the categories of information we connect. We may use Anonymous Data for any purpose not otherwise prohibited by applicable law, without your consent, without providing notice to you, and without providing compensation to you, including without limitation sharing and selling Anonymous Data to third parties. We will not share or sell your Personal Data except as authorized by you (or your Subscriber, if you are not the subscriber) or as required by law. We use your Personal Data in the following ways:

Provision and Customization of Services: We may use your Personal Data to provide the Services to you for their intended purposes, as well as to customize and/or enhance your use of the Services.

Sharing with Subscribers: If you are using the Services under a subscription purchased by a Subscriber, then we may share your Personal Data with that Subscriber (or other person and businesses as authorized by that Subscriber) to the extent needed to provide them with the Services which such Subscriber purchased.

Communications: We may use your Personal Data to send communications to you, including marketing and administrative communications.

Payments: If you purchase goods or services through our Services, then we may use your Personal Data to process your purchase and payment, including sharing Personal Data with third-party payment processors.

We will not share or sell your Client Data except as authorized by you (or your Subscriber, if you are not the subscriber) or as required by law. We use your Client Data only to provide the Services to you for their intended purposes, as well as to customize and/or enhance your use of the Services. If you are using the Services under a subscription purchased by a Subscriber, then we may share Your Content with that Subscriber (or other person and businesses as authorized by that Subscriber) to the extent needed to provide them with the Services which they purchased.

We may use and/or share your Personal Data or Client Data with our representatives and advisors, including attorneys and accountants, to receive confidential legal advice or professional services, to prosecute and defend a court, arbitration, or similar legal proceeding in which we and you are parties, or if we have a good faith belief that disclosure is necessary to investigate violation of our Terms of Service, Privacy and Data Protection Agreement, or to investigate or prevent illegal or immoral actions.

We may we receive valid legal process requesting your Personal or Client Data a matter in which we are not a party. For example, we may receive requests from regulatory agencies or authorities, civil investigative demands or subpoenas from governmental entities, subpoenas from private litigants, court orders for disclosure of information, or search warrants. When we receive such valid legal process, we will attempt to redirect the requester to request the Personal or Client Data directly from you. If compelled to disclose Personal or Client Data to a governmental entity or third-party requester, we will give, to the extent legally permissible, the Subscriber reasonable notice of the demand to allow the Subscriber to seek a protective order or other appropriate remedy unless we are legally prohibited from doing so.

We have implemented measures designed to secure your Personal and Client Data from accidental loss and from unauthorized access, use, alteration, and disclosure. All Personal and Client Data you provide to us is encrypted and stored on our secure servers behind firewalls. We require use of a username and password to access the Services, which you are responsible for keeping confidential. Do not share your password with anyone.

Your information is encrypted when transmitted on the internet, but, unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your Personal and Client Data, we cannot guarantee its security when transmitted through the Services on the internet. Any transmission of your information over the internet is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained with the Services.

Some of the information you provide to us maybe changed or deleted by you in your account settings. However, even if you change or delete that information, we may retain previous versions of the information for a reasonable period to continue providing the Services. We delete your Personal Data and Client Data from the Services within a short period (not longer than 30 days) when your Subscriber account is terminated by you or by us, unless you request and we agree to retain it for a longer period. If you request that we delete your Client Data, or a portion of your Client Data, we will honor that request within a reasonable time and in a reasonable manner (for example, we may advise you how to use the Services to delete the Client Data). However, we may retain copies of Personal Data or Client Data as necessary to comply with legal, regulatory, judicial, audit, or internal compliance requirements. We may store Technical Data and Anonymous Data indefinitely and regardless of whether you request us to remove it.

If you access the Services under the subscription of a Subscriber other than yourself, rather than under a subscription you yourself purchase, then the Subscriber may access to your account and the Subscriber may monitor your use of the Services or limit your ability to use the Services in certain ways. For example, the Subscriber may limit your ability to export data from the Services, limit the types of information you can access using the Services, or limit your ability to delete data from the Services. Further, the Subscriber may terminate your user account at any time, in which case you may may not access or receive an export of your data under that account without the express permission of the Subscriber.