Protecting your private information isour priority. This Statement of Privacy applies to Building Swell, Inc. and its subsidiaries and affiliated entities (“Building Swell”) and governs data collection and usage at our applicable websites, including buildingswell.com, buildingswell.co, buildingswell.ai, buildingswell.ca and our online applications and related products and services offered in connection with those sites (collectively, the “Services”). The Building Swell application is an enterprise application. By using the Building Swell application, you consent to the data practices described in this statement.

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What User Data We Collect 

In order to better provide you with the Services and any other products and services we offer, Building Swell may receive, collect, and store personally identifiable information, such as your: (a) first and last name, (b) mailing address, (c) e-mail address, (d) phone number, (e) employer, and/or (f) job title.  We also receive information relating to your usage of our applications, including, where applicable, IP address, general location, device type, activities on our application pages and related information (“Usage Data”).

We may also receive, collect, and store information from third-party providers with whom you have accounts that you choose to link with our applications (“Third-Party Accounts”).  This information may include in formation pertaining to you or your customers or personnel, including, without limitation, your user name, your unique identifier, and other personal information made available with permissions by such Third-Party Account provider (e.g., gender, age range, language, geographic region, etc.), and related metadata, as well as any other information in the possession of the applicable provider that you authorize them to provide to us, and the provision of such information (including the terms on which it is provided and the scope of the information provided) is subject to the privacy policies of the providers of the applicable Third-Party Account(s).

If you purchase access to aspects of Building Swell's Services, we may receive, collect, and store information billing and credit card information. This information is used to complete the purchase transaction.

Building Swell may also receive, collect,and store anonymous demographic information, which is not unique to you, suchas your age and/or gender.

We also receive, collect, and store any additional information that you provide to us, including any personal information contained in such content. Except as described in this Privacy Policy, we do not collect any personal information about you unless you voluntarily provide it to us. However, you may be required to provide certain personal information to us when you elect to use certain products or services.  These may include: (a) registering for an account; (b) sending us an email message; (c) submitting your credit card or other payment information when ordering and purchasing products and services. To wit, we will use your information for, but not limited to, communicating with you in relation to services and/or products you have requested from us. We also may gather additional personal or non-personal information in the future, and we will make reasonable efforts to update this Privacy Policy to give notice of such collection.

Why We Collect Your Data 

Building Swell collects and uses your personal information to operate and deliver the services you have requested.

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Building Swell may also use your personally identifiable information to inform you of other products or services available from Building Swell and its affiliates.

Use of your Personal Data 

Building Swell does not sell, rent or lease its customer lists to third parties.

Building Swell may share data with trusted partners and vendors (our “Service Providers”) to help perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such Service Providers are prohibited from using your personal information except to provide these services to Building Swell and other limited uses consistent with applicable privacy laws, and they are required to maintain the confidentiality of your information.

Building Swell may disclose your personal information, without notice, if required to do so by law or in the good-faith belief that such action is necessary to: (a) conform to the requirements of applicable law or comply with legal process served on Building Swell or our site; (b) protect and defend the rights or property of Building Swell or our personnel or agents; and/or (c) act under exigent circumstances to protect the personal safety of Building Swell, users of our services, and/or the public.

We use the information received fromyou, including Usage Data and other personal information, to assess and analyze your usage of our applications and Services and to improve and optimize our services and applications, to provide customer service, process or fulfilling orders and transactions, verify customer information, and processing payments related to our services.  We also use such information to send you promotional and marketing communications as further described under the “Email Communications” heading below.  

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Deletion Requests

Subject to certain exceptions set out below, on receipt of a verifiable request from you, we will: (a) delete your personal information from our records; and (b) direct any Service Providers who we have provided your information to delete your personal information from their records to the extent such information was received from us in connection with their performance of Services for us.

Please note that we may not be able to comply with requests to delete your personal information if it is necessary to:complete the transaction for which the personal information was collected, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between you and us; detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity; debug to identify and repair errors that impair existing intended functionality; exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law; comply with the California Electronic Communications Privacy Act; engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when our deletion of the information is likely to render impossible or seriously impair the achievement of such research, provided we have obtained your informed consent;enable solely internal uses that are reasonably aligned with your expectationsbased on your relationship with us; comply with an existing legal obligation; or otherwise use your personal information, internally, in a lawful manner thatis compatible with the context in which you provided the information.

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Children Under Thirteen

Building Swell does not knowingly collect personally identifiable information from children under the age of thirteen. If you are under the age of thirteen, you must ask your parent or guardian for permission to use our applications.  In the event we discover we have inadvertently collected, processed, or stored any personal information from a person under 13 years of age without verifiable parental consent, we will promptly take the appropriate steps to delete such data or seek the necessary verifiable parental consent for that collection in compliance with the Children’s Online Privacy Protection Act.

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Third PArty Accounts

You may be able to connect your Building Swell account to certain of your Third-Party Accounts.  The integration of your Third-Party Accounts may provide for the provision of your information by the applicable provider to us and/or the provision of your information by us to the applicable Third-Party Account provider depending on your choices in authorizing the applicable integration BY CONNECTING YOUR BUILDING SWELL ACCOUNT TO A THIRD-PARTY ACCOUNT, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE CONSENTING, AS APPLICABLE, TO THE CONTINUOUS RELEASE OF INFORMATION ABOUT YOU TO OTHERS AND/OR THE CONTINUOUS RELEASE OF INFORMATION TO US (IN ACCORDANCE WITH YOUR PRIVACY SETTINGS ON THE APPLICABLE THIRD-PARTY SITES). IF YOU DO NOT WANT INFORMATION ABOUT YOU, INCLUDING PERSONALLY IDENTIFYING INFORMATION, TO BE SHARED IN THIS MANNER, DO NOT INTEGRATE YOUR BUILDING SWELL ACCOUNT WITH ANY THIRD-PARTY ACCOUNTS. You may disconnect your account from a Third-Party Account at any time by following instructions in the Building Swell platform or contacting us via email.

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Email communications

From time to time, Building Swell may contact you via email for the purpose of providing announcements, promotional offers, alerts, confirmations, surveys, and/or other general communication. In order to improve our Services, we may receive a notification when you open an email from Building Swell or click on a link therein.

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If you would like to stop receiving marketing or promotional communications via email from Building Swell, you may opt out of such communications by clicking unsubscribe or contacting us via email.

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External Data Storage Sites

We may store your data on servers provided by third party hosting vendors with whom we have contracted.

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Jurisdiction-Specific Notes

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California

California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits consumers who are California residents, to request and obtain from us once a year, free of charge, information about the categories of personal information (as defined in the Shine the Light law), if any, that we disclosed in the preceding calendar year to third parties for those third parties’ direct marketing purposes. Our disclosure requirements apply only if we share our consumers’ personal information with third parties for them to directly market their own products to those consumers, instead of assisting us with our own business. If you are a California resident and would like to make such a request, contact us as provided in the Contact section of this Privacy Policy below.

Nevada Residents

Nevada residents may have the right under applicable law to opt out of the sale of their Personal Information that we have collected or will in the future collect. If you are a Nevada resident and wish to make such a request, please contact us at the contact information provided below in this Privacy Policy.

EU Residents

Although we do not direct our website specifically toward residents of the European Union (“EU”), some EU residents’ data may be collected through marketing channels or by virtue of our users’ use of our Services. Collection and storage of any EU resident’s data by us is minimal and incidental. Notwithstanding the foregoing, if you are an EU resident and would like to request that your data be securely removed from our systems, however collected, please send an email with proof of EU residency to legal@buildingswell.com. We will endeavor to remove all relevant data, so long as that removal is technically feasible, does not impact the legitimate accounting or business practices of our customers, and does not violate other regulatory or legal standards with which we must comply. We will also cooperate with our customers in good faith to address any requests they receive or that may impact them directly.

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Changes to this Statement

Building Swell reserves the right to change this Privacy Policy from time to time. We will notify you about significant changes in the way we treat personal information by sending a notice to the primary email address specified in your account, by placing a prominent notice on our application, and/or by updating any privacy information. Your continued use our applications and/or Services available after such modifications will constitute your: (a) acknowledgment of the modified Privacy Policy; and (b) agreement to abide and be bound by that Policy.

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Contact Information

Building Swell welcomes your questions or comments regarding this Statement of Privacy. If you believe that Building Swell has not adhered to this Statement, please contact Building Swell at:

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Building Swell Inc

4304 18th St, 14900

San Francisco, California 94114

Email Address:

legal@buildingswell.com

Effective as of November 29, 2023