SwagStaz, SmartWorks Inc. Privacy Policy


SwagStaz, Inc. (“SwagStaz,” “us,” or “we“) is committed to protecting your privacy. This privacy policy describes SwagStaz’s information practices and the choices available to you regarding SwagStaz’s use of your personally identifiable information (that is, information that can be used to identify a person, hereinafter referred to as “PII”) and how you are able to access and update this information.

SwagStaz provides a variety of web-based and mobile services designed specifically for the communication needs of sales teams (the “Services“). The Services are made available to users who have SwagStaz accounts (“Customers“) via the web site located at swagstaz.com (the “Site“). SwagStaz and its Customers use the Services to communicate with their customers and sales prospects (“Viewers“). The Services allow SwagStaz and its Customers to upload presentations, sales collateral and other content (“Content”) to the Site, in addition to information, including PII, about Viewers. SwagStaz and its Customers use the Services to communicate with Viewers and share Content in a variety of ways, including via email and browser-based online presentations. Customers retain all rights to Content they upload to the SwagStaz Service. SwagStaz will not access or modify Customer Content except as necessary to provide the Services, prevent or resolve service or technical problems, or at Customer’s request in connection with support matters. SwagStaz will not disclose Customer Content except as described in this privacy policy or the agreement governing Customer’s use of our Services, or for purposes of allowing Customer to share Content with Viewers via the Services.

The use of information collected through our Services shall be limited to the purpose of providing the Services for which Customer has engaged SwagStaz, or as otherwise described in this privacy policy

EU-U.S. and Swiss-US Privacy Shield

SwagStaz, Inc. participates in and has certified its compliance with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework. SwagStaz is committed to subjecting all personal data received from European Union (EU) member countries and Switzerland, respectively, in reliance on each Privacy Shield Framework, to the Framework’s applicable Principles. To learn more about the Privacy Shield Frameworks, visit the U.S. Department of Commerce’s Privacy Shield List at https://www.privacyshield.gov/list.

SwagStaz is responsible for the processing of personal data it receives, under each Privacy Shield Framework, and subsequently transfers to a third party acting as an agent on its behalf. SwagStaz complies with the Privacy Shield Principles for all onward transfers of personal data from the EU and Switzerland, including the onward transfer liability provisions.

With respect to personal data received or transferred pursuant to the Privacy Shield Framework, SwagStaz is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, SwagStaz may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please follow the link below for information on how to file a claim (free of charge) under the JAMS International Mediation Rules: https://www.jamsadr.com/eu-us-privacy-shield.

Under certain conditions, more fully described on the Privacy Shield website https://www.privacyshield.gov/article?id=How-to-Submit-a-Complaint, you may invoke binding arbitration when other dispute resolution procedures have been exhausted.

The Site and Services (including Content viewed thereon) may contain links to other web sites. We are not responsible for the information practices or the content of such other web sites. Please note that in the event that you submit PII to any of those sites, your information is governed by their privacy policies. We encourage you to review the privacy policies of other web sites to understand their information practices.

Information You Provide to SwagStaz and How We Use It

Customers: If you are a Customer, SwagStaz may require you to provide information (including PII) to allow us to deliver the Services, to manage and administer your account, and for billing purposes. To those ends, we may require Customers to submit information such as names, company names, email addresses, phone numbers, billing addresses, and financial qualification information.

Customers also provide other information to SwagStaz through their use of the Services. For example, the Services allow Customers to input names, email addresses, phone numbers, and other information about Viewers that Customers wish to use the Services to communicate with. SwagStaz does not use or access such information except with Customer’s permission, in order to provide the Services, and to provide related support and assistance. SwagStaz does not sell this information. SwagStaz does not use this information to contact Viewers except on Customer’s behalf and at Customer’s direction. SwagStaz will not allow other SwagStaz customers to access this information.

Customers may also submit Content for use in connection with the Services, including for the purpose of sharing such Content and communicating with Viewers. Customers are solely responsible for all Content and other information they input into the Services. SwagStaz will not alter Content that Customers intend to share via screen sharing Services, and will not share Content via its screen sharing Services with third parties other than those with whom Customer intends to share Content .

Viewers: If you are a Viewer, SwagStaz or its Customers may request that you provide them with information (including PII) via the Services in order to view Content.

If a Customer asks you to provide this information to Customer via the Services and you provide it, SwagStaz stores this information on behalf of our Customers. In the event you provide a Customer with this information, you do so in accordance with that Customer’s privacy practices and policies. SwagStaz is not responsible for the privacy practices of its Customers, and does not access this information except with Customer’s permission, in order to provide the Services and related support and assistance. If SwagStaz requests that you provide this information to SwagStaz via the Services and you provide it, SwagStaz stores and uses this information on our own behalf in accordance with this privacy policy.

When SwagStaz collects information under the direction of its Customers, it has no direct relationship with the individuals whose personal data it processes. If you are a customer or sales prospect of one of our Customers, or a Viewer of Customer Content , and would no longer like to be contacted by one of our Customers that use our Services, please contact the Customer that you interact with directly. When SwagStaz collects information on its own behalf, it does so in accordance with this privacy policy. If you are a SwagStaz sales prospect, or a Viewer of SwagStaz Content , and you would no longer like to be contacted by SwagStaz, please contact [email protected].

We may transfer PII to companies that help us provide our Services. Transfers to subsequent third parties are covered by service agreements with those third parties.

Visitors: If you visit our Site and are not a Customer or Viewer (a “Visitor”), and you request more information about SwagStaz via web form, email, or similar means available on our Site, we may ask you to provide us with your name, company, job title, company email address, and information about your company. We may use this information to contact you later regarding use of our Services and/or becoming a Customer.

Referral Service: If you choose to use SwagStaz’s referral service to tell a friend about SwagStaz’s Site or Services, SwagStaz will ask you for your friend’s name, company name, and email address. SwagStaz will automatically send your friend an email inviting him or her to visit the Site or utilize the Services. SwagStaz stores this information for the purpose of sending this one time email and tracking the success of our referral program.

If you believe that one of your contacts has provided us with your personal information and you would like to request that it be removed from our database, for service fee and process of removal, please contact us at [email protected].

Information We Automatically Collect and How We Use It

From Customers: If you are a Customer, we may automatically collect information about your account and your interaction with and use of the Services. We collect this information in order to deliver the Services and to provide you with reporting and analytics relating to your use of the Services.

This information may include:

  • Date and time you uploaded Content to our Service;
  • Whether or not Content was modified by you;
  • Number of times and length of time Content was presented by you using the Services;
  • Your phone number (if utilizing conference calling features); and
  • Your IP address and location.

This information is made available to Customers via the Services and may be associated with other information about Customer and its Viewers (including PII) that Customers provide us.

From Viewers: If you are a Viewer who views Content you receive from SwagStaz or a Customer via the Services, we may automatically collect information about your interaction with such Content and our Services. We collect this information in order to deliver the Services and to provide SwagStaz and our Customers with reporting and analytics relating to your interaction with Content and our Services.

This information may include:

  • Whether or not a you have viewed or are viewing Content
  • Date and time you viewed the Content;
  • Number of times and length of time Content was viewed;
  • Which portions of the Content were viewed;
  • Whether or not you have forwarded Content received via the email function of the Services;
  • Your phone number (if utilizing conference calling features); and
  • Your IP address and location.

This information will be made available to SwagStaz or our Customers who communicate with you via the Services, and may be associated by SwagStaz or our Customers with other information about you (including PII) that Customers have provided us or that you have provided to Customers via the Services. SwagStaz does not use or access Viewer PII collected by its Customers through their use of Services except with Customer’s permission, in order to provide the Services, and to provide related support and assistance. SwagStaz does not sell this information. SwagStaz does not use this information to contact Viewers, except on Customer’s behalf and at Customer’s direction. SwagStaz does not sell this information. SwagStaz will not allow other SwagStaz customers to access this information.

From Visitors: If you are a Visitor to our Site, we may automatically collect anonymous information relating to your navigation on the Site (including IP Address, referral URL, browser type and operating system). We collect this information to help us improve our Site.

Additional Information for California Residents

SwagStaz does not sell consumer personal information for monetary or other valuable consideration.

Under the California Consumer Protection Act (“CCPA”), California residents are granted five consumer rights that SwagStaz will uphold:

  • The right to know which personal information is being collected
  • The right to know if personal data is being sold or shared, and to whom
  • The right to object to the sale of personal data
  • The right to access one’s own personal information
  • The right to equal service and price, even for consumers who exercise their privacy rights

Any Customer wishing to exercise a right to access personal information held by SwagStaz must submit a verifiable consumer request to SwagStaz by either:

Please note that only an individual who is a resident of California (or the legal guardian of such individual in the case of a minor child) may make a request under the CCPA.

Navigational Information

Tracking Technologies: SwagStaz and its partners use cookies or similar technologies to analyze trends, administer the website, track users’ movements around the website, and to gather demographic information about our user base as a whole. You can control the use of cookies at the individual browser level, but if you choose to disable cookies, it may limit your use of certain features or functions on our website or service.

Analytics / Log Files: As is true of most web sites, we gather certain information automatically and store it in log files. This information includes Internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data. We may combine this automatically collected log information with other information we collect about you. We do this to improve Services we offer you, or to improve marketing, analytics, or Site functionality.

Other Statistical Information: SwagStaz may monitor Customers’ use of the Services, analyze Customer data, and compile statistical and performance information related to the provision and operation of the Services. SwagStaz may make such statistical and performance information publicly available in an anonymized and aggregated manner, provided that such information does not incorporate identifiable Customer data and/or Customer confidential information.

Linking, Syncing and Sharing Information with Google: SwagStaz has the ability to connect to your Gmail account to send emails and upload content into your SwagStaz account.

The application’s use of information received, and the application’s transfer of information to any other app, from Google APIs will adhere to Google’s Limited Use Requirements. Depending on the connection, SwagStaz has access to the following information from a user’s Gmail account: Gmail plugin: Through Gmail Plug-in SwagStaz has permission to read and change user’s data, communicate with cooperating websites and view the statistics. OAuth login (Compose Email): Through OAuth SwagStaz has permission to send email on user’s behalf. Google Drive Integration: SwagStaz has permission to view and allow the user to download and upload their content into our service.

Re-Targeting: SwagStaz partners with third parties to either display advertising on our Site or to manage our advertising on other sites. Our third party partners may use technologies such as cookies to gather information about your activities on our Site and other sites in order to provide you advertising based upon your browsing activities and interests. If you wish to not have this information used for the purpose of serving you interest-based ads, you may opt-out by clicking here (or if located in the European Union click here). Please note this does not opt you out of being served ads. You will continue to receive generic ads.

With Whom Will We Share Your Information?

Our primary goal in collecting any information from you, including PII, is to provide you with the best Service we can. We believe we offer a unique Service which greatly improves the ability of our customers to sell and communicate to their customers. We will share your personal information with third parties only in the ways that are described in this privacy policy. SwagStaz does not share, sell, rent, or trade PII with third parties for their promotional purposes.

SwagStaz may share information collected from Customers or Viewers with third party service providers that perform work on SwagStaz’s behalf or which SwagStaz utilizes to deliver, monitor, or improve the Site and Services. SwagStaz may, at Customer’s request and on Customer’s behalf, share Customer information with Customer’s own third party service providers (for example, information about your use of the Site and Services may be shared via API with a CRM system such as Salesforce). Any transfers to third parties are covered by the provisions of this privacy policy pertaining to notice and choice as well as the applicable agreements governing our relationship with our Customers. These third parties are authorized to use your PII only as necessary to provide services to SwagStaz.

We may also share your information in connection with the following:

Legal Compliance: SwagStaz reserves the right to use or disclose any information provided by Visitors, Customers or Viewers if required by law, to investigate fraud, or if SwagStaz reasonably believes that use or disclosure is necessary to protect your safety or the safety of others, SwagStaz’s rights and/or to comply with a judicial proceeding, court order, subpoena or other legal process, or to any third party with your prior consent to do so.

As Part of an Asset Transfer: In the event SwagStaz goes through a business transaction such as a merger, an acquisition by another company, or a sale of all or a portion of its assets to which this privacy policy relates, your information will likely be among the assets transferred and you will be notified via email and/or a prominent notice on our Web site of such change in ownership or a change in the use of your PII, as well as any choices you may have regarding your PII. You acknowledge that such transfers may occur.

Cross-Border Transfer: Your information may be transferred to and maintained on computers located outside of your state, province, or other governmental jurisdiction where privacy laws may not be as protective as those in your jurisdiction. If you are located outside of the United States and choose to provide PII to us, we may transfer the information to the United States and processes it there.


SwagStaz protects your information online by using industry standard encryption methods to prevent unauthorized access to Content, data, and Customer account information stored on our servers. To learn more about encryption generally, please click here.

When you enter sensitive information (such as credit card number) on our registration or order forms, or your login credentials to our platform, we encrypt that information using secure socket layer technology (SSL). To learn more about SSL, please click here. We protect PII in our databases, and any sensitive transmission of passwords and authentication tokens are transmitted using HTTPS (TLS 1.0/1.2). If you are a Customer of SwagStaz and wish have SSL enabled throughout the Services, please contact your SwagStaz account manager or sales representative.

SwagStaz and its service providers also maintain strict physical security at properties and facilities and only provide access to authorized personnel.

Access to the information you provide us with is restricted to those of our employees, contractors and agents who need to know that information in order to operate, develop or improve our Site or Services.

While we follow generally accepted industry standards to protect the information submitted to us, both during transmission and once we receive it, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your information, we cannot guarantee its absolute security.

If you have any questions about security on our Site or Services, you can email us at [email protected].


The Services and Site are not intended for use by children under the age of 18, and we do not intentionally collect any information from users under the age of 18. If a parent or guardian becomes aware that his or her child has provided SwagStaz with PII, he or she should contact us at [email protected]. If you believe that we have mistakenly or unintentionally collected such information through our Site, please notify us at [email protected], so that we may immediately delete the information from our servers.


SwagStaz displays endorsements, as well as personal testimonials of satisfied Customers on our site. With your consent SwagStaz may post your testimonial along with your name. If you wish to update or delete your testimonial, you may contact us at [email protected].

Social Media Widgets

The SwagStaz Site includes social media features, such as the Facebook ‘Like’ button and widgets, such as a ‘Share this’ button or interactive mini-programs. These features may collect your IP address, which page you are visiting on our Site, and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly on our Site. Your interactions with these features are governed by the privacy policy of the company providing them.

Blog and Forum

Our Site offers publicly accessible blogs or community forums. You should be aware that any information you provide in these areas may be read, collected, and used by others who access them. To request removal of your PII from our blog or community forum, contact us at [email protected]. In some cases, we may not be able to remove your PII, in which case we will let you know if we are unable to do so and why.

Our blog is also managed by a third party application that may require you to register to post a comment. We do not have access or control of the information posted to the blog. You will need to contact or login into the third party application if you want the PII that was posted to the comments section removed. To learn how the third party application uses your information, please review their privacy policy.

How Can You Review or Request Changes to Your Information?

Upon request, SwagStaz will make a reasonable effort to provide you with reasonable information whether we hold any of your personal information within reasonable time. Customers may update, delete, access, or change their account information by editing their user, group, or team records within the account management pages of the Site. To update a Customer profile, login to your SwagStaz account at https://swagstaz.com/. and click on “My Account.” or by emailing us at [email protected]. You will then be able to change your name, address and phone number, which notification emails you receive from us, and your Live Pitch link URL and your password. We will respond to any requests for access to personal information within 30 days of receipt of such request.

We will retain Customer information for as long as Customer’s account is active, as needed to provide Customers the Services, or as otherwise set forth in the agreement governing Customer’s use of the SwagStaz Services. We will retain and use Customer information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

To update Customer billing information, contact your account manager or email [email protected] for assistance.

SwagStaz collects information under the direction of its Clients and has no direct relationship with the individuals whose personal data it processes. If you are a customer of one of our Clients and would no longer like to be contacted by one of our Clients that use our service, please contact the Client that you interact with directly. We may transfer personal information to companies that help us provide our service.

SwagStaz has no direct relationship with the individuals whose PII it processes on behalf of its Customers. An individual who seeks access, or who seeks to correct, amend, or delete inaccurate data should direct their query to the data controller (i.e. SwagStaz’s Customer). If the Customer requests SwagStaz remove the data, SwagStaz will respond to their request within 30 business days of its receipt of such request.

SwagStaz will retain PII we process on behalf of our Customers for as long as such Customer’s account is active or as needed to provide Services, or as stated in the governing agreement between SwagStaz and Customer. SwagStaz will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

If you are a Viewer, you may opt-out of receiving emails you receive from SwagStaz or specific Customers by clicking on the “opt-out” link at the bottom of the email you received, or you may email us at [email protected] or call us at {{ phone }} in order to opt-out.

If you have signed up to receive marketing emails from SwagStaz, you can opt-out of receiving future marketing emails by following the foregoing process. Customers cannot opt-out of receiving all transactional emails related to their SwagStaz account, but may change their account settings (as described above) to reduce the frequency or eliminate certain SwagStaz notification emails.

Changes to this Privacy Policy

SwagStaz reserves the right to modify this privacy policy at any time in our sole discretion. If we decide to make any material changes, we will notify you of changes by email or by posting a notice to our home page on the Site and other places we deem appropriate prior to the change becoming effective so that you are aware of the information we collect, how we use it, and under what circumstances, if any, we disclose it. Please review our privacy policy frequently. Your continued use of our Services and Site following any changes to this privacy policy constitute your acceptance of such changes, and any amended privacy policy will apply to information previously collected.

Contacting Us about this Privacy Policy

In the event you have any questions about this privacy policy or SwagStaz’s information practices please contact us by clicking here or by mailing us at SwagStaz, Inc. Attn: Privacy, SwagStaz Inc. {{ address }}

Effective Date of this Privacy Policy: December 1, 2020