Privacy Policy

Last updated: January 1, 2022

You accept and agree to be bound by this Privacy Policy by accessing or using one or all of the Services. The Services are available only to people who are at least eighteen (18) years old and possess the legal capacity to form a binding agreement with Swap Motors.

Swap Motors is in compliance with the Children’s Online Privacy Protection Act. You must be at least 18 years old to use our website. We do not knowingly collect personal information from children under 13 years of age. However, we hereby advise all visitors to our site under the age of 13 not to disclose or provide any personally identifiable information on our Service. In the event that we discover that a child under the age of 13 has provided personally identifiable information to us, in accordance with the Children’s Online Privacy Protection Act (please see the FTC’s website at http://www.ftc.gov/bcp/edu/pubs/consumer/tech/tec08.shtm for more information about this Act), we will delete the child’s personally identifiable information from our files to the extent technologically possible.

What Types of Information Do We Obtain?

a. The first type of information is non-identifiable and anonymous information (“Non-personal Information”). We are not aware of the identity of the User from whom we have collected the Non-personal Information. Non-Personal Information is any unconcealed information which does not enable identification of an individual User, and which is available to us while such User is accessing or using the Services. Non-personal Information which is being gathered consists of technical information, behavioral information and aggregated information, and may contain, among other things, the activity of the User on the Services (including page-views, click-stream, searches on the Services, aggregated events like completing transactions, traffic sources and navigational paths), referrals (web traffic), operation system, type and version of browser or mobile device, keyboard language, the hardware specifications of the User's device (including screen resolution and screen orientation), time spent on various pages of the Services, etc. If you choose to access, visit and/or use any third party social networking service(s) that may be integrated with or linked to the Services, we may receive personally identifiable information and other information about you and your computer, mobile or other device that you have made available to those services, including information about your contacts on those services. For example, some social networking services allow you to push content from our Services to your contacts or to pull information about your contacts so you can connect with them on or through our Services. Some social networking services also will facilitate your registration for our Service or enhance or personalize your experience on our Services. Your decision to use a social networking service in connection with our Services is voluntary. However, you should make sure you are comfortable with the information your third party social networking services may make available to our Services by visiting those services' privacy policies and/or modifying your privacy settings directly with those services. We reserve the right to use, transfer, assign, sell, share, and provide access to all personally identifiable information and other information about you and your computer, mobile or other device that we receive through third-party social networking services in the same ways described in this Privacy Policy as all of your other information.

We use this information to monitor the usage of our Services, assess its performance, ensure technological compatibility with your computer or mobile device, and understand the relative importance of the information provided on our Service. We may also use this data to conduct statistical analyses on visitors’ usage patterns and other aggregated data.

b. The second type of information is individually identifiable information (“Personal Information”). This information may identify an individual or may be of a private and/or sensitive nature.

• Users of the Services may automatically provide their (a) IP address (or Mac Address, as applicable) mainly for enhancing the User’s experience; and (b) pages viewed by each individual User and the Submissions the User uploaded to the Interactive Areas.
• Users who are interested in opening an Account may be required to provide the following details: full name, e-mail address and a password, mailing address, telephone number(s), personal photograph for user profile, vehicle’s VIN, car license plate number, drivers license state and number, Social media profiles (such as Facebook or LinkedIn, etc.).
• You may voluntarily provide Personal Information in your Submissions or when you register for an Account on our Site.
• Users may voluntarily provide the following information with respect to certain elements of the Services:
• Purchase/Sale Process – Phone number, email address, date of birth, driver's license state and number, address, Zip code;
• Vehicle Inspection Process – Name, vehicle location address, contact telephone number, vehicle information & vehicle maintenance history, vehicle VIN, and potentially other Personal Information;
• Vehicle History – Swap Motors may utilize third party services to obtain information necessary to value vehicles listed for sale on Swap Motors. We may provide your Information (including Personal Information) to such providers when you apply to list a vehicle for sale on Swap Motors;
• Financing – Down payment amount, SSN, time at current address (months/years), residence type, rent/mortgage details, employment details (including without limitation, employment type, status, title, employer details, employment duration, gross income, income interval, other incomes). Please note that the addition of a co-buyer shall require filling the same information as stated above;
• Outside Financing or Lien holder – name of financial institution, full name, pay-off amount, terms of financing, payment history, contact name, phone number;
• Cash Purchase – Billing address, account type, routing number, account number, financial institution name and contact information;
• Additional Documentation (Copies) – Driver's license, insurance, utility bill (residency proof), copy of paystub (in the case of financing), references (in the case of poor credit);
• Tax, Title and License Fees – Whether in active military duty, whether disabled; and/or
• Dealer Registration: Company name and address, Legal Business or Corporation Name, Tax Identification Number or Federal Tax ID Number, Dealer License Number, Bank Account Information.

As long as any Non-Personal Information is connected or linked to any Personal Information, we treat it as Personal 
Information. 
We do not collect any Personal Information from you or related to you without your approval. Your approval is obtained, when you consent to the Privacy Policy as stated above

We collect and store information, either independently or through the help of third-party service providers when you use the Services and when you voluntarily disclose information to us. By way of example, when you open an Account, initiate a purchase or sale process, apply for financing, fill out the Contact Form, use the Services or provide any information with your Account; Swap Motors may collect and save such information. 
Please note that any information you upload or share while using the Services (excluding Personal Information provided for purchase/sale or financing purposes) are non-confidential, may become publicly available and may be collected, used or redistributed by others through the internet and other media channels.

Non-personal Information and Personal Information are used for statistical and research purposes and allow us to improve the quality of each and all Services (e.g. discovering User preferences and trends allows us to customize and enhance our Services) and offer future commercial services. 
Personal Information is also collected in order to:

• Asses the value of vehicles and filter vehicles for the User based on his/her preferences;
• Facilitate the transaction of purchasing or selling a vehicle (including inspecting vehicles, financing options, insurance, warranty, transporting the vehicle, shipping fees, estimated tax and license fees);
• Send Users commercial content or advertisements;
• Verify the User's identity: (a) when signing in to our Services, through social media and/or government issued identification; (b) when User initiates a vehicle purchase/sale process or financing process; or (c) for the purpose of dealing with inappropriate interactions and/or fraudulent use of our Services;
• Provide technical assistance and support;
• Supply you with the content you have requested through the Services. We may also use the information to communicate with you about new features, products or services, and/or to improve the services that we offer by tailoring them to your needs;
• Share information about you and your computer, mobile or other device, including without limitation your Account and User information and other personally identifiable information, with our parent, subsidiaries, and affiliates. In addition, as our business changes, we may buy or sell various assets. In the event all or a portion of the assets owned or controlled by us, our parent or any subsidiary or affiliated entity are sold, assigned, transferred or acquired by another company, the information from and/or about our Service users may be among the transferred assets;
• Allow access to our database by third parties that provide us with services, such as technical maintenance or market research but only for the purpose of and to the extent necessary to provide those services; There are also times when you provide information about yourself to us in areas of the Services that may be managed or participated in by third parties. In such cases, the information may be used by us and by such third party(ies), each pursuant to its own policies. While we may seek to require such third parties to follow appropriate privacy policies and will not authorize them to use this information except for the express purpose for which it is provided, we do not bear any responsibility for any actions or policies of third parties; and/or
• Provide access to our database in order to cooperate with official investigations or legal proceedings initiated by governmental and/or law enforcement officials, as well as private parties, including, for example, in response to subpoenas, search warrants, court orders, or other legal process.

The Services are hosted in the United States and are mainly directed to Users in the United States. If you are a User accessing the Services from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from United States laws, please be advised that through your continued use of the Services, you are transferring your Personal Information to the United States. From time to time, your Personal Information may be accessible by Swap Motors outside of the United States for optimizing User experience and for internal purposes (including without limitation, appraisal tools, CRM, processing of payments or credit applications, statistics and analytics). All such transfers and access will be subject to applicable privacy laws and the terms of this Privacy Policy. You consent to such transfers and access by agreeing to this Privacy Policy.

Swap Motors is dedicated to providing a successful User experience. Our Services encourage and facilitate Users to communicate with one another for the purpose of purchasing and selling vehicles. Our Services are designed so Users do not have to disclose Personal Information to other Users. Please note that any information you provide to another User is not controlled by Swap Motors and will not be protected under the terms of this Privacy Policy.

If you do not want other Users to know your Personal Information, such as e-mail address, phone number, or address, for example, do not include it in any message you post on through our Services and do not provide this information to other Users via any other means such as telephone or email.

If you are unsure how to interact with other Users, or uncertain as to what kind of information to provide other Users, please contact Swap Motors at info@swapmotors.com for assistance.

We may share certain information we collect from you with third parties (in the U.S. or in other countries) for (i) the purpose of processing or storing your information on our behalf; (ii) internal purposes (including without limitation, appraisal tools, CRM, processing of payments or credit applications, statistics and analytics) and (iii) commercial purposes (including, without limitation, offering you insurance, financing, extended warranties, or other products in connection with the purchase or sale of a car).

In addition, Swap Motors may share Personal Information in the following cases: (a) to satisfy any applicable law, regulation, legal process, subpoena or governmental request; (b) to enforce this Privacy Policy or the Terms, including investigation of potential violations thereof; (c) to detect, prevent, or otherwise address fraud, security or technical issues; (d) to respond to User's support requests; (e) to respond to claims that any content available on the Services violates the rights of third-parties; (f) to respond to claims that contact information (e.g. name, e-mail address, etc.) of a third-party has been posted or transmitted without their consent or as a form of harassment; (g) to protect the rights, property, or personal safety of Swap Motors, Swap Motors Representatives, its Users or the general public; (h) when Swap Motors is undergoing any change in control, including by means of merger, acquisition or purchase of all or substantially all of its assets; (i) to collect, hold and/or manage your Personal Information through Swap Motors’ authorized third parties service providers (including, as applicable, their affiliates as necessary to provide us with the requested services), as reasonable for business purposes, which may be located in a country that does not have the same data protection laws as your jurisdiction; (j) to store or process your Personal Information through Swap Motors’ affiliated companies, which may be located in a country that does not have the same data protection laws as your jurisdiction; (k) to enable payment through certain online payment services; and/or (l) pursuant to your explicit approval prior to the disclosure.

For avoidance of doubt, Swap Motors may transfer and disclose Non-personal Information to third parties at its own discretion.

If for any reason you wish to delete or modify your Personal Information and/or cancel your Account, you can send us an e-mail of your request to:info@SwapMotors.com and we will make reasonable efforts to submit to your request pursuant to any applicable privacy laws.

Note that, unless you instruct us otherwise, we may retain and use your Personal Information after termination of your Account, for as long as reasonably required for the purposes of which such Personal Information was collected, including without limitation, for future analytics and analysis, in order to comply with our legal or business requirements or obligations, to resolve disputes, to enforce our Terms or Privacy Policy and/or to enable Users to reinstate their Account, all as permitted under any applicable privacy laws.

Aggregate and/or anonymous information derived from your Account and/or use of the Services may remain on our servers indefinitely.

We take reasonable physical, managerial and technical measures to maintain the security and integrity of our Users' information and Services and prevent unauthorized access or use through generally accepted industry standard technologies and internal procedures.

To protect your privacy and security, we take reasonable steps (such as requesting a unique password, verifying your email address & mobile telephone number) to verify your identity when you log-in to your Account and/or our Services. You are responsible for maintaining the secrecy of your unique password and Account information at all times.

The Personal Information maintained by Swap Motors is contained behind secured networks and facilities and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential.

Sensitive financial information such as credit card information is encrypted via Secure Socket Layer (SSL) technology prior to transmission over the Internet.

We implement a variety of security measures when our Users enter, submit, or access their information in order to maintain the safety of our Users' Personal Information, including, for example, the use of Amazon Web Services servers which provide advanced strict security standards.

If we learn of a security breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. We may post a notice on our Services if a security breach occurs. Depending on where you live, you may have a legal right to receive notice of a security breach in writing.

Please note, however, that there are inherent risks in transmission of information over the Internet or other methods of electronic storage and we cannot guarantee that unauthorized access or use of your Personal Information will never occur.

Direct Marketing: You hereby agree that we may use the contact details you provided us with for the purpose of offering you products or services which may interest you, or send to you other marketing materials. You may withdraw your consent by sending us a notice to the following email: info@SwapMotors.com or alternatively following the opt-out instructions for removing yourself from our mailing list which are available in the commercial materials transmitted to you. We may contact you by telephone (on a recorded line), automated calling, facsimile device, or SMS text messaging, based on the information you provided to us. By visiting or using Swap Motors’ content, products or services, you expressly authorize us or an authorized agent of us to contact you by telephone (on a recorded line), automated calling, facsimile device, or SMS text messaging, at the telephone number(s) you provided to us, even if you have opted into the National Do Not Call List administered by the Federal Trade Commission, any state equivalent Do Not Call List, or Swap Motors’ internal Do Not Call List. If we, or one of our agents contacts you by telephone and you wish not to be contacted again, then you should specifically make a request to us not to contact you again. Users are subjected to standard SMS and data rates as determined by your telephone service provider.

Advertisements: When using our Services, you may receive or be exposed to advertisements and commercials from third party advertisers and/or our authorized service providers and/or vendors. By clicking the advertisements or commercials you may be transferred to a website of an advertiser or receive any other messages, information or offers from the advertiser and/or from others. Note that if you click on any of these advertisements, these advertisers may use web- tracking technologies to collect data regarding advertisement performance, your interaction with such ads and your interests (which may include, Non-personal and/or Personal Information about you) in order to serve you advertisements and for the legitimate business interests of such third parties' ad networks. We recommend that you review the terms of use and privacy policy of any advertiser with which you are interacting, since their privacy policy, not ours, will apply to any of those interactions.

Surveys: We may provide you the opportunity to participate in surveys on our site. If you participate, we will request certain personal information from you. Participation in these surveys is completely voluntary and you therefore have a choice whether or not to disclose this information. The requested information typically includes contact information and demographic information. We use this information for market research purposes and to improve our services. We will occasionally provide anonymized aggregated statistics about our users in reports to third parties. These reports will not identify individual users.

We may use a third party service provider to conduct these surveys; that company will be prohibited from using our users' personal information for any other purpose.

We may be using third party software or service in order to collect, host, store and/or process information. We use commercially reasonable efforts to engage with third parties that post a privacy policy governing their collection, processing and use of Non-personal and Personal Information. Such third party service providers include, without limitation: Amazon Web Services, whose privacy policy can be found at https://aws.amazon.com/privacy/; Google Analytics, whose privacy policy can be found at http://www.google.com/policies/privacy/partners/, and at http://www.google.com/intl/en/analytics/privacyoverview.html. We do not control third party service providers. Please read their terms of use and privacy policies to better understand their privacy practices.

One or all of the Swap Motors Services may contain links to non-Swap Motors websites or services for your convenience only; they are not under our control and we do not endorse or assume any responsibility for their content, information or functionality. Your access or use of any non-Swap Motors websites or services or reliance upon their content is at your own risk. Most of the linked sites or services provide legal documents, including terms of use and privacy policy, governing their use. The information they collect about you should be specified in such documents.

When you access or use our Services, we or our third party service providers (including without limitation, Google Analytics) may use industry-wide technologies such as "cookies", local storage capabilities, or other similar technologies, which store certain local information on your computer and/or track User usage patterns ("Tracking Technologies"). These Tracking Technologies allow the collection of Non-personal Information and Personal Information (e.g. pages viewed by a User within a certain Service, the duration of the browsing, etc.). The Tracking Technologies enable, inter alia, automatic activation of certain features and make the User’s experience and usage simpler, more relevant, convenient and effortless.

We and our third party service providers may use both session cookies (which expire once the User closes the browser) and persistent cookies (which stay on the User's browser and may be used by the browser on subsequent visits to the Service(s), unless deleted by the User).

Most browsers will allow you to erase cookies from your computer's hard drive or from your device, block acceptance of cookies, or receive a warning before a cookie is stored. In order to erase or disable the Tracking Technologies you may use the settings of your browser or mobile device. However, if you block or erase Tracking Technologies then our Services (and your User experience) may be limited.

Other third parties may also use Tracking Technologies to serve you advertisements tailored to interests you have shown by browsing on this Service and other sites, applications, destinations, and services you have visited, and for other lawful business purposes. In doing so, these third parties may collect non-personally identifiable data including for example the make, model, settings, specifications (e.g., CPU speed, connection speed, browser type, operating system, device identifier) and geographic location of your computer, mobile or other device, as well as date/time stamp, IP address, pages visited, time of visits, content viewed, ads viewed, the site(s), application(s), destination(s), and/or service(s) you arrived from, and other clickstream data. The use of Tracking Technologies by third parties is subject to their own privacy policies, not this Privacy Policy, and we have no responsibility or liability in connection therewith. If you do not want the services that Tracking Technologies provide, you may be able to opt-out by visiting http://www.aboutads.info and/or www.networkadvertising.org.

Swap Motors reserves the right to make changes to its Privacy Policy at any time and for any reason, so please re-visit this page frequently. If Swap Motors makes material changes to the Privacy Policy, then Swap Motors will either notify you by email or by posting a notice on the Services. These changes will come into effect seven (7) days after such notice was provided on the Services or sent to you by e-mail, whichever is earlier. Otherwise, all changes are effective as of the date indicated at the top of this page ("Last Updated") and your continued use of the Service(s) after the indicated date will constitute acceptance to be bound by those changes. If the Privacy Policy must be amended in order to comply with any legal requirements, the amendments may take effect immediately or as required by law and without any prior notice.

Swap Motors reserves the right to stop, temporarily or permanently, the operation of any and all Services without notice, at any time. All information (ours or yours) made available on the applicable Service may be removed or deleted and you are required to make your own copy of any information you submit to Swap Motors. Swap Motors will not be liable to you or to any third party for any changes, suspension, or discontinuance of the Service(s) or any malfunctions that may occur in connection thereto.

California residents: We will not share personal information with nonaffiliates to market to you, except with your express consent. We will not share your personal and financial information with affiliates or joint marketing companies, if you instruct us not to do so.

Beginning on January 1, 2005, California Civil Code Section 1798.83 permits Swap Motors users who are California residents to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes, to make such a request, please send an email to info@swapmotors.com.