Legal & Compliance

Privacy Policy - End User Web App (UK and EU)

Reference in this policy to “we”, “us”, “our”, or any similar terms is to Swift Pour Ltd, a company registered in Seychelles with Company number 210946. Swift Pour Ltd is the owner of:

• the Swift Pour rapid liquid beverage dispensing system and management system
• the associated jurisdiction specific branded end user website applications used by customers to purchase alcoholic beverages from a Swift Pour rapid liquid beverage dispensing system, and
• the swiftpour.com corporate and marketing website.

Swift Pour Ltd has entered into agreements with agents (who are independent registered entities) as the sole distributors of its rapid liquid beverage dispensing system in authorised jurisdictions. However, the Personal Information and other data collected, processed and generated via the jurisdiction specific branded end user website applications is owned and managed by Swift Pour Ltd. This Privacy Policy, therefore, pertains to the jurisdiction specific branded end user website applications where the Personal Information of the end users (Data Subjects) may be collected, processed, stored and shared in order for them to create an account on the website, transact on the website, and avail of the Swift Pour rapid liquid beverage dispensing system at licensed and authorised venues and locations (merchants), as facilitated and contracted in by the jurisdictional Swift Pour agents.

The current jurisdiction specific branded end user website applications, hereinafter referred to as “the websites”, “website” or “websites”, to which this Privacy Policy pertain are:

• UK: app.swiftpour.beer
• France: b-time.app

For the Privacy Policies of our agents who distribute the rapid liquid beverage dispensing system in authorised jurisdictions and their Data Subjects, please refer to the separate registered entity’s websites.

Revisions To This Privacy Policy

We reserve the right, at our discretion, to update and/or revise this Privacy Policy. We may amend this Privacy Policy from time to time or as required in response to website, organisational or regulatory changes. We recommend you visit our website regularly to check when this Privacy Policy was last updated and to review the current policy.

Introduction

At Swift Pour, we value and respect your privacy, and strive to protect your Personal Information. Swift Pour will only collect, process, store or share your Personal Information in accordance with this Privacy Policy. Personal Information means any information about an individual from which that person can be identified. By providing us with your Personal Information, you agree to this Privacy Policy and authorise us to collect and process your Personal Information for the purposes defined, and in order for you to use our websites and to provide you with the products and services outlined in this Privacy Policy.

Swift Pour has appointed a Data Protection Officer (DPO) who is responsible for overseeing this Privacy Policy and for responding to any queries with regards to this privacy policy, the Personal Information swift pour collects and processes, and Swift Pour’s privacy practices. If you have any questions in this regard, including any requests to exercise your legal rights as a data subject utilising a Swift Pour end user website or holding a Swift Pour account, please contact the Data Protection Officer at privacy@swiftpour.com.

You have the right to make a complaint at any time to any regulatory authority in the jurisdictions in which we operate. We would, however, appreciate the chance to deal with your concerns before you approach any such regulator, so please contact us in the first instance at privacy@swiftpour.com .

This Privacy Policy should be read in conjunction with our Website Terms of Use.

Jurisdiction

As an entity providing websites which collect, process, store and share the Personal Information of citizens of EU countries and the UK, Swift Pour complies with both the EU-GDPR (https://gdpr-info.eu/) and the UK-GDPR (https://ico.org.uk/) in the performance of its business activities and provision of its websites and services in these jurisdictions.

As an entity registered in the Seychelles and, thus, outside of the EU and UK, the Personal Information Swift Pour collects via its websites may be transferred to, stored in and processed outside of the jurisdiction in which you reside. By accepting this Privacy Policy, and then registering an account and submitting your Personal Information to us via one of our websites, you agree to the transfer and processing of your Personal Information outside of your jurisdiction.

Controller and Operators

For the purposes of this Privacy Policy, Swift Pour’s Data Subjects refers to the end users of one of our websites who have registered an account on the website with the intent to transact and avail of a Swift Pour rapid liquid beverage dispensing system. Swift Pour acts as the Controller, (as defined under the EU-GDPR and the UK-GDPR) of this Personal Information and for the processing of this Personal Information in order to provide our websites and services to you, the Data Subject. A Controller is the legal term used to signify the organisation that controls what Personal Information is collected and what to do with that Personal Information.

Swift Pour makes use of Processors (as defined under the GDPR and the UK-GDPR) to process Personal Information on our behalf in the provision of our websites. These processors act under Swift Pour’s authority to process our Data Subject’s Personal Information and to provide our websites and services to you.

This Privacy policy explains:

• How we collect your Personal Information
• What Personal Information we collect
• How we use your Personal Information
• Our Lawful Basis for processing your Personal Information
• Sharing of Your Personal Information
• Electronic Communications
• Payment Services
• Social Media
• Marketing and Promotional Offers
• Data Accuracy and Completeness
• Security of Personal Information
• Transborder Flow of Personal Information
• Retention of Personal Information
• Children
• Data Subject Rights
Data Breaches
• Use of Cookies
• Website Links and Third Party Collection of Personal Information
• How to Contact Us regarding Privacy Queries

How We Collect Your Personal Information

Swift Pour will collect your Personal Information when you provide it to us when you register an account on one of our websites. We may also collect your Personal Information from third party business partners who we engage with to fulfil the service we provide to you via our websites, such as Payment Service Providers or Communication Providers, to the extent that this is permitted by applicable law. As you interact with our websites, we may automatically collect technical data about your equipment, location, browser, browsing actions and patterns. We collect this Personal Information by using cookies, server logs, Google Analytics and other similar technologies.

We may also collect your Personal Information when you communicate with us via email, telephone, a social media communication tool (such as Facebook Messenger), website forms, or any other means of communication.

Where we need to collect Personal Information by law or under the terms of a contract we have with you, and you fail to provide the Personal Information when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with the services via our website). In this case, we may have to cancel a product or service you have with us or close your website account with us. We will always endeavour to notify you if this is the case at the time.

What Personal Information We Collect

In order for you to make use of one of our websites to register an account, transact and avail or our products and services, we may collect the following Personal Information from you via our website:

• First Name and Last Name
• Social Media / Google / Apple Account username or handle when you use this is used to register your account
• Date of Birth
• Email address
• Country of residence
• Account credentials
• Technical and website usage information
• Transaction data

When you communicate with us via any communication medium, we may collect the following information:

• First Name and Last Name
• Email address
• Social Media handle/username
• Phone Number (if provided)

For security reasons, we ask that you do not provide any highly confidential Personal Information to us in communications, such as credit/debit card or other financial information. Please refer to the section below on Payment Services for payments that are processed via our website.

When you open a “Tab” on our website, to utilise to purchase alcoholic beverages from a Swift Pour rapid liquid beverage dispensing system, and proceed to make a payment via our approved Payment Service Provider, we may also collect confirmation of this payment and the amount paid from our Payment Service Provider.

How We Use Your Personal Information

We use your Personal Information for one or more of the following purposes:

• to register your account on one of our websites
• to allow you to login to your account on one of our websites
• to facilitate you opening a Tab, making purchases and performing transactions on one of our websites
• To allow you to set Tab amounts/values/limits and Tab durations/time periods
• to enable you to use your account to procure beverages via a Swift Pour rapid liquid beverage dispensing system
• to maintain a record of all the transactions, purchases and payments you have made on or via one of our websites
• to verify your age in order to ensure you are over the age limit as required by the jurisdiction you are based in in order to use our websites and avail of our products and services
• to communicate with you regarding our products or services, or with regards to the account you have created on one of our websites
• to respond to your enquiries or customer service requests
• to resolve any disputes or respond to any complaints
• to better manage our business and our relationship with you
• to conduct administrative and business functions
• to verify that payments have been processed and reconciling account and Tab balances
• to update our records and keep your Personal Information up to date
• to improve our products and services, and to develop new products and services
• to notify you about promotions, benefits and changes to our websites, products and services
• to enable you effectively to use and to improve our websites
• to compile website usage statistics
• to assess the performance of our websites and to improve its operation

Where necessary to protect our legal rights and interests, or the interests of others, we may also use Personal Information in relation to legal claims, compliance with local regulations or regulations in other countries or jurisdictions, audits, risk management, law enforcement processes, and other regulatory functions

All transactions performed by you on our websites are recorded in our database so that we may:

• carry out routine monitoring of user accounts to prevent any unlawful or fraudulent activity
• ensure that we are providing an accurate and fair service to you and assist us in improving our service to you
• retain accurate financial records during your use of our websites and regarding any purchases or payments processed (“transactions”)
• reconcile all transactions with our Payment Service Provider
• respond to any queries or complaints
• comply with our legal and business obligations

Our Lawful Basis For Processing Your Personal Information

In accordance with the EU-GDPR and UK-GDPR regulations, we will only process your Personal Information where we have a lawful basis for doing so. The 6 lawful bases for processing Personal Information are:

• the data subject has given consent to the processing of their Personal Information for one or more specific purposes
• processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract
• processing is necessary for compliance with a legal obligation to which the controller is subject
• processing is necessary in order to protect the vital interests of the data subject or of another natural person
• processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller
• processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.

We will process your Personal Information in accordance with the following lawful bases:

Purpose	Lawful Basis
To open, set up, activate, operate and manage your account on the website, including providing the services you expect from us. To allow you to login to your account on our website and to transact on the website.	Performance of a Contract
To verify your account on our website with us. To communicate with you with regards to your account and any account activity. To respond to and resolve any other queries or complaints as communicated by you.	Performance of a Contract
To allow you to open a Tab on our website and facilitate the transfer of monies to and from this Tab.	Performance of a Contract
To verify your age to ensure you are of legal age to purchase and consume alcoholic beverages.	Legal Obligation
To confirm that you are in a country where Swift Pour services are available.	Legal Obligation
To make available to you promotions and offers that may be of interest to you as a user of our website.	Legal Interest
To prevent fraudulent activity and ensure compliance with our Website Terms of Use which may require us to disclose Personal Information and transaction history to third parties such as regulatory authorities, financial institutions, and the police.	Legal Obligation
To monitor and give effect to Tab limits and Tab durations that you have set on our website.	Consent
To conduct administrative and business functions including verifying that payments for our products and services have been processed.	Performance of a Contract
To improve our services and make your user experience on our websites as enjoyable as possible, and to better manage our relationship with you.	Legitimate Interest
To enforce or apply our Website Terms of Use and other agreements, and to protect the rights, property and safety of our company.	Legal Obligation
To comply with any other regulatory obligation or official legal instruction as obligated at any point in time.	Legal Obligation

Sharing Of Your Personal Information

We may share Personal Information with:<

• any person that works for Swift Pour Pty Ltd, either full time or part time
• any business partner that is under contract to Swift Pour to assist with the provision of our products and services
• companies, organisations and entities that provide services to us, including in relation to technical infrastructure, marketing and analytics, and website and application development
• third party service providers that assist us with fulfilling transactions and services that you have requested and consented to, such as payment service providers or communication providers
• suppliers, affiliates, partners or agents under contract to Swift Pour to provide and distribute our products and/or services
• our professional advisers, consultants and other similar services
• legal and regulatory authorities, upon request, or for the purposes of reporting any actual or suspected breach of applicable law or regulation
• any relevant party, law enforcement agency or court, to the extent necessary for the establishment, exercise or defence of legal rights
• any relevant party for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, including, but not limited to, safeguarding against and the prevention of threats to public security

Electronic Communications

In order for us to provide you with information about the account you have created with us on one of our websites, and about any purchases you have made or transactions you have processed via our websites, you accept and agree that:

• Any communication, agreement, or notice relating to your account or a purchase or transaction on your account shall be provided to you electronically via the email address provided when you register your account on our website
• You will have access to the necessary hardware and software to receive, access, and retain electronic communications sent to you with regards to your account, our products and services, or any transaction made on your account
• Communication sent to the email address provided will be deemed to have been received by you

Swift Pour utilises Third Party Communication Providers to provide electronic communications to our Data Subjects and these providers may operate outside of the EU and UK. The Personal Information you provide to Swift Pour, such as your email address, in order to receive all electronic communications in relation to your account and our products and services is, thus, shared with these Third Party Communication Providers, and processed and stored within their Data Centres in their associated country of operation. Should you not wish to have your Personal Information processed by these Third Parties in countries outside the jurisdiction in which you reside, Swift Pour may not be able to facilitate you opening an account on our website, nor provide our products or services to you.

You may withdraw your consent to receiving certain electronic communications from us at any time by contacting us at privacy@swiftpour.com but, should you withdraw consent, you may not receive further communications regarding any current or future activity on our websites or regarding our products or services. Please note we may still continue to send you service and account related updates and notifications as we consider this an essential part of the service we provide to you.

Payment Services

Swift Pour has contracted with Payment Service Provider (PSP) Stripe in order for our Data Subjects to process payments via our websites and to open a Tab on our website. Swift Pour does NOT collect, process, store or share any credit or debit card information of our Data Subjects ourselves as this is done directly by Stripe utilising their own secure Payment Gateway.

When initiating a payment from our websites, you will be utilising the secure Stripe Payment Gateway which is embedded as an iFrame on our website. You are then engaging with Stripe directly and in your own personal capacity. You are also consenting to the use of Stripe as the Payment Service Provider, to the sharing of your credit or debit card information, along with any other Personal Information required, with Stripe directly, to the monies being deducted from your credit or debit card, and to a Tab being opened under your Swift Pour account on our website with an equivalent monetary value. Swift Pour only receives notification of the completed financial transaction, along with the associated value, from Stripe utilising an unique identifier to each Data Subject and unique transaction identification. We utilise this information to verify the successful completion of the transaction in order to proceed with the setting up of your Tab as well as to reconcile purchases made via your account on our website and total spend value with Stripe. Any monies in your Tab not utilised when your Tab is closed will be refunded to the credit or debit card used in the initial transaction via Stripe directly.

PLEASE NOTE: For payments made through Stripe, they are the Controller of the personal, banking, financial and any other information which you provide them via their Payment Gateway for the purpose of making any payments. For further information regarding their payment services, privacy and security, or if you have any payment related queries or concerns, please contact Stripe directly through the contact methods specified on their website at https://stripe.com/ . You may also view how they collect, process, store and share your Personal Information at https://stripe.com/privacy

In order to make purchases via our websites, open a Tab and avail of our products and services, you will need to provide accurate and up to date personal and Banking Information as requested by Stripe via their Payment Gateway to affect payment. Should you not wish to provide this information to Stripe, we may not be able to conclude any transactions with you and provide you with the products and services you have requested.

Social Media

Swift Pour markets and communicates through some social media sites to inform, help and engage with our customers, and to promote our products and services. These pages are public and, should any of our website end users make use of the social media sites on which we operate to submit any queries or comments on our pages or via any Social Media direct messaging tools linked to our social media pages, your Personal Information will be processed by the social media site owner. This processing occurs outside of our control and may take place in a different jurisdiction to the one in which you reside and may have different privacy regulations. For this reason, we advise that website end users contact us directly via the email addresses provided rather than via social media sites should they have any queries, concerns, or privacy related issues.

Marketing and Promotional Offers

We may use your name and email address by ourselves or by our third party agents, affiliates or subcontractors (“business partners”) for the purpose of providing you with promotional material concerning our websites as well as our products and services. We may also use this Personal Information for the purpose of providing you with offers, promotions or special deals which we believe are relevant to you as a user of our website during a specific event which you are in attendance and utilising our services.

We will only send you such communications where you have consented or opted in to receiving such communications. You may, at any time, decline to receive such marketing communications or promotional offers from us or our business partners by contacting us or following the links in the relevant communication to unsubscribe or opt out. Please note that if you unsubscribe from our marketing or promotional offers mailing list, we may still continue to send you service and account related updates and notifications as we consider this an essential part of the service we provide to you.

Data Accuracy and Completeness

All Personal Information you provide to Swift Pour via our websites, or any other methods of collection as outlined above, should be accurate, complete, and up to date. Should your Personal Information change, it is your responsibility to notify us of the change and provide us with up to date information.

Where indicated via our methods of collection, such as on our website forms, or through our payment services providers, it is obligatory for you to provide accurate Personal Information to enable us to provide you with our products and services. Should you decline to provide such information or should the information you provide be incomplete or inaccurate, we may not be able to provide you with the product or services you requested.

Security Of Personal Information

Swift Pour places great importance on ensuring the security of your Personal Information. We make use of appropriate and up to date organisational, administrative and technical security measures to protect all Personal Information collected and in our possession, and when shared with any individuals, entities and processors as outlined above. We regularly review our security measures and ensure all Employees, Business Partners, Agents and Processors are trained to handle Personal Information securely, with the utmost respect, and in compliance with all applicable data protection and privacy regulations.

The Swift Pour websites and database are hosted in an Amazon Web Services Data Centre (“the AWS Data Centre”) in Ireland (EU-west-1). This Data Centre falls under the jurisdiction of the EU and has been verified to comply with all EU-GDPR and UK-GDPR requirements. AWS Data Centres are ISO 27001 certified which provides further assurance with regards to the physical, logical and environmental security of our websites, database and all the Personal Information processed therein. AWS is also ISO 27701 certified which provides further assurance of their Privacy Practices. Further information on AWS Certifications can be found at https://aws.amazon.com/compliance/iso-certified/

The Swift Pour websites and database are developed using secure technologies with Privacy by Design and Security by Default principles at the forefront of their architecture, and can only be accessed for support, maintenance and administrative purposes by approved employees, and approved third party website and infrastructure service providers and processors when required.

Data on our secure website pages is encrypted using TLS v1.2 at a minimum and any Personal Information provided by you on our websites will always be encrypted whilst in transit over the internet. We further encrypt your Personal Information at rest on our servers. Unfortunately, the security of the transmission of information across the internet can never be fully guaranteed, no matter how secure website owners make their websites, due to the continuous evolution of cybersecurity attack methods, malicious activities and malicious actors. Swift Pour, along with our infrastructure and web development service providers, endeavour to keep up to date with known cybersecurity threats, and to secure our websites, and the Personal Information collected and stored via our websites, with industry standard best practices. We also continuously evaluate the effectiveness of all security methods used to collect and store Personal Information. However, by using our websites, you accept the inherent implications of using the internet and will not hold Swift Pour responsible for any breach of security unless we have demonstrably failed in our obligations under data protection legislation. For your own privacy protection, we encourage you not to include sensitive Personal Information (such as debit/credit card numbers or bank account information) in any emails you may send to us.

Use of our websites requires each end user (account holder) to create a password for their account when they register. You are responsible for ensuring that this password is strong and uses best password practices. We recommend using more than 8 characters, and using a combination of upper and lower case letters, numbers and special characters. You are responsible for keeping the password to your Swift Pour account confidential at all times and should not share your account information (neither login name nor password) to any of our websites with anyone. Under no circumstances should a website account be shared between multiple persons and each account should be unique to, and in accordance with, the name of the individual who created the account. We also do not recommend writing your account login details and passwords down, nor storing passwords in an electronic format that may be accidentally or intentionally accessed and, therefore, used without your consent. Swift Pour cannot be held responsible for any accidental, malicious, nefarious, or unlawful activity on your Swift Pour account (including purchases or payments) when your credentials have been shared, accessed, stolen or otherwise compromised due to the account holder’s insecure or irresponsible management of the credentials or their account. If you lose or forget your username and password, or if your username or password are compromised, you should contact us immediately so that new credentials can be allocated to you. You may also use the “Forgot Password” function on the login page of our websites. New passwords will be emailed to the email address associated with your account.

Transborder Flow Of Personal Information

Retention Of Personal Information

Swift Pour will retain your Personal Information in compliance with this Privacy Policy and our Website Terms of Use for as long as is necessary to fulfil the purposes for which it was collected, for the duration of your relationship with us, and afterwards for such period as may be necessary for our legitimate business purposes such as compliance with our legal obligations, our financial obligations, preventing fraud, resolving disputes and enforcing agreements, and for no more than five years after unless required by any legal or regulatory requirements. We will endeavour to delete any Personal Information where it is not necessary for us to hold onto this information or as soon as possible once the retention period for such Personal Information has been reached. We may hold onto Personal Information longer if we are legally obliged to do so or where we believe that it is necessary to do so for business or legal reasons.

Children

Children Due to the nature of Swift Pour's products and services (the provision of alcoholic beverages via a Swift Pour rapid liquid beverage dispensing system), our end user websites may not, under any circumstances, be used by individuals under the age of 18 (children). In order to verify that no individuals under the age of 18 are utilising our end user websites, end users will be asked to provide their date of birth at the time of registering their account on the website. It is the individual who is creating the account’s responsibility, under all alcohol and data protection laws in the jurisdictions in which we operate, to provide accurate information in this regard and to confirm that they are of lawful age to open an account on the website. By opening an account with us, and by using one of our websites, you acknowledge, agree and warrant that you:

• are at least 18 years of age and above the legal age for the consumption of alcoholic beverages in the jurisdiction you are resident or utilising our website
• are legally capable of entering into binding contracts
• that all information you have supplied when registering your account on our website is accurate, complete and your own

Should Swift Pour detect an account that is suspected to have been created by an individual who is under the age of 18 years or is fake, Swift Pour reserves the right to close said account, and cancel any transactions which may have been processed under said account. Swift Pour will also remove the Personal Information of any persons under the age of 18 where possible or applicable, so long as we have no legal right to retain this information such as ensuring that an individual under the age of 18 does not try to create an account with us again.

Swift Pour has no control over whether individuals under the age of 18 visit our marketing websites or social media pages and view the content thereon, and any activity in this regard undertaken by an individual under the age of 18 should be done so with the consent of their parent or legal guardian.

Swift Pour does not knowingly collect any Personal Information from children under the age of 18. If you think that your child has provided us Personal Information via one of our websites, we strongly encourage you to contact us immediately and we will do our best to promptly remove such information from our database where possible.

Data Subject Rights

The Personal Information we collect, and the ways in which we use it, are necessary for you to use our websites and for us to provide our products and services to you. Under data protection laws, you may request access to any and all the Personal Information that Swift Pour has in their possession about you upon provision of sufficient proof and verification of your identity. If you wish to exercise any of the rights set out below, please contact us at privacy@swiftpour.com.

Please note that under data protection laws, not all data subject rights or requests are absolute. In order to enact your Data Subject Access Request, you will normally not have to pay a fee to access your Personal Information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances. We try to respond to all legitimate data subject requests within one month. It may occasionally take us longer than a month if your request is particularly complex or if you have made more than one request. In this case, we notify you and keep you updated on the progress of your request.

In order to fulfil your data subject request, we may need to request additional specific information from you to help us confirm your identity and ensure your right to exercise your request. This is a security measure to ensure that Personal Information is not disclosed to any person who does not have the right to receive. Without adequate proof that you are who you say you are, or if we are unable to identify you in our database, we will not be required to fulfil your request.

You have the right to:

1. Request your Personal Information - This allows you to receive a copy of all your Personal Information held by us and to check that we are lawfully processing it.
2. Correct your Personal Information - This allows you to have any of your incomplete or inaccurate information corrected, although we may need to verify the accuracy of the new information that you provide.
3. Delete your Personal Information - This allows you to request that we delete or remove your Personal Information where there is no justifiable reason for us to continue processing the information. In addition, you have the right to request us to delete or remove your Personal Information where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your Personal Information in order to comply with a legal requirement. Please note that for specific legal reasons which will be notified to you, we may not always be able to comply with your request for erasure.
4. Object to the processing of your Personal Information - You may object to our processing of your information where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your Personal Information for direct marketing purposes. In some cases, we may be able to demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
5. Restrict the processing of your Personal Information - This allows you to request that we suspend the processing of your Personal Information in the following scenarios:
   • if you want us to establish the accuracy of the information
   • where our use of the information is unlawful but you do not want us to erase it
   • where you need us to hold the information even if we no longer require it as you need it to establish, exercise or defend legal claims
   • you have objected to our use of your information but we need to establish whether we have overriding legitimate grounds to use it
6. Withdraw consent to the processing of your Personal Information - You may withdraw consent at any time where we are relying on consent to process your Personal Information. However, this will not affect the lawfulness of any processing carried out before the withdrawal of your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
7. Transfer of your Personal Information to you or a third party - We currently do not offer this service and we are obliged to tell you pursuant to this Privacy Policy that this is not currently available.

The above rights are limited in some situations, such as where we are legally required to process or store your data, and may limit your ability to use our products and services. We will advise you about this at the time of your Data Subject Access Request and taking into consideration the type of request.

We may need to request specific information from you to assist us to confirm your identity and ensure your right to access your Personal Information (or to exercise any of your other rights). This is a security measure to ensure that Personal Information is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request in order to speed up our response.

We will endeavour to respond to all legitimate requests within 30 days. Occasionally it may take us longer than this if your request is particularly complex or if you have made a number of requests, in which case, we will notify you of the delay and keep you updated.

If you would like to exercise any of your Data Subject Rights, please contact us at privacy@swiftpour.com with your request.

Data Breaches

As a responsible Controller, Swift Pour will notify you and the relevant supervisory authority as soon as we become aware of any data breach that is likely to result in the unauthorised access or exfiltration of any of your Personal Information or which may result in any risks to your privacy rights and freedoms.

Use Of Cookies

A cookie is a very small text file placed on an internet user's hard drive. It is generated by a web page server, which is basically the computer that operates a website. The information the cookie contains is set by the server and it can be used by that server whenever the user visits a site. A cookie can be thought of as an internet user's identification card, which tells a website when the user has returned.

Websites in the EU which use lines of browser-readable text known as cookies can only do so with users' consent, and they must provide information about the use to site users. The EU's E-Privacy Directive of 2002 requires that website visitors be given certain information about cookies. From 26 May 2011 the law changed meaning that in addition to the provision of certain information visitors must give their consent to the placing of cookies. In the UK this change was implemented by the Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011 (PECR).

From 25 May 2018 the General Data Protection Regulation (GDPR) came into force. It says that consent for data processing has to be given by users through a "clear affirmative action" and it must be freely given, specific, informed and unambiguous. To achieve this, Swift Pour provides the cookie popup on our website where users of the website may accept or decline the use of cookies. In accordance with the laws applicable in the countries where our websites may be utilised, Swift Pour advises that the following types of cookies may be used on our websites:

ESSENTIAL COOKIES: Cookies that are essential to the running of a website. Without the use of cookies, parts of the website would not function correctly. For example, when logging in to your account on our website, a cookie is created to allow you to browse and transact on the website.

ANALYTICAL COOKIES: We use analytical cookies to monitor our website performance and to determine how visitors use the site. These cookies provide us with information that helps us create a better website for our users and to identify areas that may need maintenance.

PERSISTENT COOKIES: These are saved on your computer for a fixed period and are not deleted when the browser is closed. Such cookies are used where we need to know who you are for repeat visits, so the correct language is presented, and to improve our users’ experience of the website.

FUNCTIONAL COOKIES: Functional cookies are used to remember your preferences on our website, enhancing the user experience. This can have a range of functions such as remembering your username or recording that you have read a site message so you don’t need to view it again.

SESSION COOKIES: Session cookies are used by the server to store information about user page activities so users can easily pick up where they left off on the server's pages.

Swift Pour uses cookies on our websites to help us to recognise you, track your activity and improve your use and experience of the website.

Cookies are generally harmless and some are required for a website to run efficiently such as essential, persistent or functional cookies. It is possible to block some cookies and even to delete cookies that have already been set, but this may result in a reduced functionality on our website or a less enhanced user experience. Most online browsers automatically accept cookies. However, if you wish to restrict or block cookies you may also modify your browser settings.

Further information on cookies can be obtained at https://www.aboutcookies.org/

Website Links and Third Party Collection of Personal Information

Please keep in mind that this Privacy Policy does not apply to any Third Party websites, services, applications, or gateways accessible or otherwise distributed through our websites. You should always review the privacy policies and understand the privacy practices of any third parties before providing Personal Information to them.

When you visit our website or enter into certain transactions via our website, you could be directed to other websites or services that are beyond our control. These websites or services may send their own cookies to you, or may collect data or request Personal Information in performance of a service or contract. We do not control the Privacy Policies of these Third Parties and we cannot be held liable for their use of any Personal Information provided by you for any reason whatsoever.

How to Contact Us Regarding Privacy Queries

Should you have any query in relation to this Privacy Policy, or how we collect, process, store or share your Personal Information, or wish to enact any of your Data Subject Rights, please contact us via privacy@swiftpour.com directly.

Website Terms of Use - End User Web App (UK and EU)

Reference in this policy to “we”, “us”, “our”, or any similar terms is to Swift Pour Ltd, a company registered in Seychelles with Company number 210946. Swift Pour Ltd is the owner of:

• the Swift Pour rapid liquid beverage dispensing system and management system
• the associated jurisdiction specific branded end user website applications used by customers to purchase alcoholic beverages from a Swift Pour rapid liquid beverage dispensing system, and
• the swiftpour.com corporate and marketing website.

Swift Pour Ltd has entered into agreements with agents (who are independent registered entities) as the sole distributors of its rapid liquid beverage dispensing system in authorised jurisdictions. However, the jurisdiction specific branded end user website applications are owned and managed by Swift Pour Ltd. This Website Terms of Use, therefore, pertains to these jurisdiction specific branded end user website applications which allow end users to transact upon these websites, and avail of the Swift Pour rapid liquid beverage dispensing system at licensed and authorised venues and locations (merchants), as facilitated and contracted in by the jurisdictional Swift Pour agents.

The current jurisdiction specific branded end user website applications, hereinafter referred to as “the websites”, “website” or “websites”, to which this Privacy Policy pertain are:

• UK: app.swiftpour.beer
France: b-time.app

This legal notice applies to the use and the contents of the websites under these domain names, and applies to the end users who register accounts on these websites. This Website Terms of Use should be read in conjunction with our Privacy Policy.

lease read this agreement carefully. These represent the terms and conditions for use of our website and services. If you do not agree to these, or if you are not of a legal age to enter into such agreement, you may not use our websites. You are permitted to use our websites solely on the basis of this Terms of Use. Your continued use of our websites will constitute your continued acceptance of our Website Terms or Use and a legally binding agreement between you and us.

Revisions To This Website Terms of Use

We reserve the right, at our discretion, to update and/or revise this Website Terms of Use. We may amend this Website Terms of Use from time to time or as required in response to website, organisational or regulatory changes. We recommend you visit our website regularly to check when this Terms of Use was last updated and to review the current policy.

Use of our Websites

You are authorised to view, use and register an account on our websites for your own personal and noncommercial use only. Swift Pour may change, suspend or discontinue our Websites at any time and without notice, including the availability or addition of any feature, database, or content. Swift Pour may also impose limits on certain features and services or restrict your access to parts or all of our Websites without notice or liability. We may also suspend access to parts of our websites, or entire websites, for maintenance purposes without prior notice. We shall not be liable if, for any reason, our websites, or parts of our websites, are unavailable at any time for any period. We shall not be liable for any loss suffered as a result of any changes made, nor for any modification, suspension or discontinuation of the websites, or parts of our websites, or services provided via our websites, and you shall have no claim against us in this regard.

You shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access or otherwise use our Websites, including, without limitation, modems, telecommunication services, hardware, and software. We cannot guarantee that our websites will be compatible with all hardware and software (including web browsers) that end users use to access our websites and we cannot be held liable should the hardware and software utilised by you not afford you the opportunity to utilise our websites and avail of our products and services. You are solely responsible for making all necessary arrangements to access our websites. We shall not be liable for any losses caused to you by the internet, internet service providers or telecommunications service providers which you have engaged with in order to access our websites.

You shall not misuse our websites by knowingly introducing malware, viruses, trojans or other material which is malicious or technologically harmful. You may not attempt to unlawfully gain unauthorised access to our websites nor the data collected, processed and stored via our websites.

Our websites remain the property of Swift Pour Pty Ltd. You shall not be allowed to provide access to or reproduce our websites, nor any part of them, in any form whatsoever. You may also not create links to our websites from other webpages or platforms without our prior consent.

You shall not use our websites for any purposes which are likely to be considered unlawful, illegal, unreasonable, defamatory, abusive, obscene, or other discriminatory nature or which could otherwise cause offence.

Should you wish to report any error in our websites or have any questions related to the functionality or use of our websites, or with regards to an account you have registered, please contact our support team at support@swiftpour.com .Please note that, as per our Privacy Policy, your Personal Information may be collected and processed by us in order for us to assist you with responding to and resolving your query.

Registering an Account

Due to the nature of Swift Pour's products and services (the provision of alcoholic beverages via a Swift Pour rapid liquid beverage dispensing system), our end user websites may not, under any circumstances, be used by individuals under the age of 18 (children). In order to verify that no individuals under the age of 18 are utilising our end user websites, end users will be asked to provide their date of birth at the time of registering their account on the website. It is the individual who is creating the account’s responsibility, under all alcohol and data protection laws in the jurisdictions in which we operate, to provide accurate information in this regard and to confirm that they are of lawful age to open an account on the website.

By opening an account with us, and by using one of our websites, you acknowledge, agree and warrant that you:

• are at least 18 years of age and above the legal age for the consumption of alcoholic beverages in the jurisdiction you are resident or utilising our website
• are legally capable of entering into binding contracts
• that all information you have supplied when registering your account on our website is accurate, complete and your own
• are not restricted from opening an account due to being resident in, or attempting to make use of our websites in, a country that does not provide our products or services or where it may be illegal to consume alcoholic beverages (“Restricted Countries”)
• Have a valid credit/debit card to facilitate payment through our third party Payment Service Provider
• are the legitimate holder of the credit/debit card and that any purchases made are not done so fraudulently, using illegally obtained credit/debit cards, and that any monies transferred into your Tab are not tainted with any illegality, not originate from any illegal source
• have no other existing account registered on the website
• are not acting on behalf of someone else and will not sell, transfer and/or acquire accounts from other end users
• will utilise this website only for the purposes for which it is designed
• will comply with the Website Terms of Use at all times and in relation to all use of the websites

End users may only open and operate one account at a time on each of our websites. Should we identify an end user with more than one account, we reserve the right to decline creation of your account or to close your account. Any Tabs open and funded in accounts that are closed by us will have the remaining funds returned to you via our Payment Service Provide Stripe and into the credit /debit card which you used to make the payment.

By registering an account on our websites, you consent to us contacting you electronically through the provided email address in respect to any matters relating to your account. you accept and agree that:

• Any communication, agreement, or notice relating to your account or a purchase or transaction on your account shall be provided to you electronically via the email address provided when you register your account on our website
• You will have access to the necessary hardware and software to receive, access, and retain electronic communications sent to you with regards to your account, our products and services, or any transaction made on your account
• Communication sent to the email address provided will be deemed to have been received by you

In the event of any of the warranties outlined in this clause being false, we reserve the right to decline creation of your account or to close your account. We may also report the matter to the police, parents (in relation to underage users and consumers or alcohol), and any appropriate regulatory authority. We may also decline acceptance of an account application or close an account at any time for any reason in the interest of protecting our company, our business, our employees, our end users and our agents.

When registering an account on one of our websites either using the email registration function or using social media handle or Google or Apple accounts, which must be linked to an email address that is owned by you, your email address will be recorded as your username.

You will be required to create your own password when you register via email. You are responsible for ensuring that this password is strong and uses best password practices. We recommend using more than 8 characters, and using a combination of upper and lower case letters, numbers and special characters. You are responsible for keeping the password to your Swift Pour account confidential at all times and should not share your account information (neither login name nor password) to any of our websites with anyone. Under no circumstances should a website account be shared between multiple persons and each account should be unique to, and in accordance with, the name of the individual who created the account. We also do not recommend writing your account login details and passwords down, nor storing passwords in an electronic format that may be accidentally or intentionally accessed and, therefore, used without your consent. Swift Pour cannot be held responsible for any accidental, malicious, nefarious, or unlawful activity on your Swift Pour account (including purchases or payments) when your credentials have been shared, accessed, stolen or otherwise compromised due to the account holder’s insecure or irresponsible management of the credentials or their account. If you lose or forget your username and password, or if your username or password are compromised, you should contact us immediately at support@swiftpour.com so that your account can be protected and new credentials can be allocated to you. You may also use the “Forgot Password” function on the login page of our websites if you have forgotten your password. New passwords will be emailed to the email address associated with your account.

If another person accesses your Swift Pour account, whether this was authorised by you or not, you are solely responsible for their actions. Swift Pour shall not be held liable, and you hereby indemnify us and hold us harmless against any and all costs, losses, payments, purchases, expenses and damages arising out of the use of, or access to, your account by any third party.

Verification Checks

Upon creation of an account on our websites, you agree that we may perform certain verification checks. Please note that we reserve the right to decline acceptance of an account or close an account at our sole discretion if there are any issues with the verification checks

You will be asked to verify the email address you have provided when you register an account if you have used the email option to sign up on our websites. An activation link will be sent to the email address you have provided in order to confirm that the email account belongs to you. If this step is not completed, you will not be able to proceed with the opening of your account on our websites. When social media accounts of Google or Apple accounts have been used to create an account on a Swift Pour website, verification will be assumed to have been done through the provider and you warrant that these accounts that you are using are your own.

Once you have successfully created your account and logged into the website we are required by law to verify that you are of legal age to consume alcoholic beverages in the jurisdiction in which you are utilising our website. This will be done via our website and you are required to provide accurate information about your date of birth in order for us to verify your age. Should you not provide us with accurate date of birth information, we reserve the right to decline creation of your account or to close your account.

Legal Age for Alcohol Consumption

Please also note that, under the relevant jurisdiction alcohol consumption laws, employees of our Swift Pour agents, or employees of merchants or venues where our rapid liquid beverage dispensing systems are being utilised, may be legally authorised to verify the age of consumers of alcoholic beverages in a manner deemed appropriate to them (such as requesting identification documentation) in order to ensure their compliance with these laws. This is out of the remit of Swift Pour Pty Ltd and we cannot be held liable for refusal to provide services or products to underage consumers, as procured through our websites, to end users who have registered unlawfully on our websites as defined in this legal notice.

Whilst Swift Pour makes every effort to ensure that the end users of our website applications are of legal age to purchase and consume alcoholic beverages, we cannot be held liable under the relevant jurisdiction alcohol consumption laws, for users attempting to fraudulently gain access to alcoholic beverages by providing deliberately misleading or false age information. We can also not be held lawfully responsible for any failure by agents, merchants or venues for correctly verifying a consumer's age upon request and for not informing us that said end user of our website application being under the required age for alcohol consumption. We do, however, reserve the right to decline creation of your website account or to close your website account if an agent, merchant or venue notifies us to inform us that an individual has registered, or attempted to register, an account on one of our websites and has been identified as being under the legal age for the consumption of alcoholic beverages. In accordance with our Privacy Policy, we may retain certain Personal Information where we are legally obligated to in order to ensure that further accounts are not created when a person is not lawfully allowed to do so.

Restricted Countries

The right to access or use our websites may be illegal in certain countries due to restrictions imposed by country regulations. You are responsible for determining whether your accessing or using our websites is compliant with applicable laws in your jurisdiction and you warrant that the sale, purchase and consumption of alcohol is not illegal in the jurisdiction where you are accessing our websites. The availability of any of our websites in any countries that do not allow the sale, purchase or consumption of alcoholic beverages does not constitute an offer, solicitation or invitation by us for the use of our websites nor the sale, purchase or consumption of alcoholic beverages. Under no circumstances shall we be held liable for any breach of any state or country law that may occur as a result of your usage of our websites.

Countries that have outlawed the sale, purchase and consumption of alcoholic beverages include: Yemen, Pakistan, Sudan, Saudi Arabia, Somalia, Mauritania, Libya, the Maldives, Iran, Kuwait, Brunei, Bangladesh and some states in India.

Funding of Accounts (Opening a Tab)

When you fund your account via our Payment Service Provider, Stripe, and “Open a Tab” on our website for the purpose of procuring alcoholic beverages from a Swift Pour rapid liquid beverage dispensing system, the monies collected from your credit/debit card are held by Stripe and not by us. When you make use of the Stripe Payment Gateway accessed via our website, you acknowledge that you are entering into a separate agreement with this Payment Service Provider that is out of the remit of Swift Pour and that you are bound by all Terms and Conditions and other legal notices as stipulated by < a href="http://www.stripe.com">Stripe on their website.

Stripe provides us with the value of the payment you have made which we use to update the value in the open Tab of your Swift Pour account accordingly. When you close a Tab, the balance in your Tab not used for Swift Pour beverage purposes will be returned to you by Stripe into the credit/debit card used to make the initial payment. These financial processes are handled entirely by the Payment Service Provider and Swift Pour cannot be held liable for any financial complications on your Swift Pour account that may be due to any issues, errors, delays or failures by the Payment Service Provider during the course of these transactions.

Time periods for open Tabs on your Swift Pour Account may be set by you prior to performing any transactions and opening a Tab. If no time period is set, then Swift Pour will automatically close your Tab within 7 days in order to ensure that any monies still sitting in the Tab are automatically returned to you by Stripe.
Swift Pour:

• Reserves the right to change Payment Services Providers or add new Payment Service Providers to our websites at any time
• Does not warrant that any payment methods set up on our website shall be available at all times
• Does not accept any cash funds sent to us
• Does not allow the transfer of funds between accounts on our network is prohibited
• Will not add any interest to any funds held in an account nor shall be expected to if the funds in the account are held over an extended period of time

You warrant that:

• Any payments made via our Payment Service Provider/s is done so in your own name and with your own credit/debit card
• You will not make any chargebacks, reversals or otherwise cancel any payments into your account, and agree to refund us and compensate us for any unpaid or cancelled payments
• You will not use an account on one of our websites as a banking facility and that payments into your account and the opening of a tab shall only be done with the intent to make purchases from a Swift Pour rapid liquid beverage dispensing system
• You accept the terms and conditions of the Payment Service Provider and the use of their gateway/services to facilitate the funding of your account on our website and the opening of a Tab

Your credit/debit card will be billed and leftover balance returned by the Payment Service Provider and will reference Swift Pour. Please contact their Customer Support Services for any queries regarding issues on your banking statements.

Currencies and Currency Arbitrage

End users of our websites may only transact (make payments or purchases) in the currency of the country where the website is available. End users are strictly prohibited from using any of our websites and payment facilities to facilitate arbitrage through currency exchange transactions. Should we identify any transacting on any accounts that indicate the facilitation of arbitrage through currency exchange transactions, we reserve the right to close your account. Any Tabs open and funded in accounts that are closed by us will have the remaining funds returned to you subject to the deduction of any payment processing fees.

Closing Your Account

You may close your account any time with us by contacting us at support@swiftpour.com . Please note that, in accordance with our Privacy Policy, we may be required to retain some of your Personal Information, even after your account is closed, in order to fulfil certain legal obligations or business transactions and interests.

Website Terms of Use - End User Web App (UK and EU)

We reserve the right to close your account at any time for any reason. If we close your account, the provisions set out below will be applicable:

• You agree that we shall not be held liable for any closure of your account or your use of the website
• You shall be liable for the reimbursement of any undisputed account balance you may have with this us, following which we shall have no further liability with you whatsoever

We may close your account if you breach any part of these Website Terms and Conditions. Such breaches include, but are not limited to:

• Having more than one active account
• Opening an account if you have previously been banned for opening another account on our websites
• We are required to do so due to any legal or regulatory obligations
• If you provide incorrect or misleading information
• If the credit/debit card you have used to fund your account is found to be fraudulent, stolen, or otherwise illegally obtained or utilised
• If you reside in a restricted country
• If you have allowed or permitted to allow (either intentionally or unintentionally) someone else to utilise your account
• If you have charged back any of the payments made via the credit card used to fund your account
• If you are found to be utilising your account for any fraudulent or illegal behaviour
• If the account has been found to be created by any electronic, robotic or automated device or network

Upon closure of your account, you agree and acknowledge that your right to use our websites shall terminate immediately.

Inactive Accounts

If you do not use your account for a period of 12 consecutive months, your account will be deemed inactive.

Indemnity

When you register an account on one of our websites, you agree to fully indemnify Swift Pour, our directors, officers, employees, agents and suppliers harmless from any and all liabilities, claims, damages, losses, costs and expenses (including legal fees) that may arise as a result of any breach of our Website Terms of Use by you or any third party who has (knowingly or unknowingly to you) accessed and used your account on our websites.

Fraudulent Activity

Swift Pour reserves the right to report to any authorities any fraudulent, criminal or dishonest acts that occur as a result of the use of our websites. This includes reporting the personal information of the perpetrators of such acts in compliance with applicable laws. Swift Pour also reserves the right to seek criminal or civil sanctions against any individual against or perpetrate any fraudulent, criminal or dishonest acts when using our websites should these acts cause any losses, harms or damages to Swift Pour, our directors, officers, employees, agents and suppliers. You indemnify Swift Pour and shall be liable to pay to us, on demand, any and all costs, charges, expenses or losses suffered by Swift Pour that may arise directly or indirectly from your fraudulent, criminal or dishonest acts.

Queries, Complaints and Disputes

Should you have any issues or queries with regards to your Swift Pour account, the use of one of our end user web application websites or our website’s services of functionality, you may contact us at support@swiftpour.com . Any queries, complaints or issues about our website applications raised via third party platforms (such as social media platforms) will not be accepted. Only emails to the above email address will be reviewed and responded to. We will not tolerate any aggressive behaviour, abuse, threats or offensive language or behaviour to members of our team in such correspondence.

We will aim to review and provide a suitable response to your email as soon as practically possible, and seek to resolve any complaints within 30 days from when we receive a complaint. We will notify you of any reasons why we may not be able to meet such a deadline or if we are unable to resolve any of the points raised in your email and the reasons for such.

We will make every effort to deal with all emails confidentially and at all times comply with the Data Protection Regulations applicable in your jurisdiction. As per our Privacy Policy, we may need to share information, including your personal information, with our third party providers as needed to investigate and resolve your query, issue or complaint.

Compliance

Our websites, and any products or services accessed through our websites, may only be used lawfully and in a lawful manner. You agree to comply with all applicable laws and regulations, both locally and internationally, when utilising our websites.

Privacy Policy

We process your Personal Information in accordance with our Privacy Policy. Our Privacy Policy forms part of these Website Terms of Use and should be consulted in order to obtain further information on the personal information we collect and process and our privacy practices. By accepting our Website Terms of Use, you are accepting our Privacy Policy, along with the collection, processing, storing and sharing of your personal information as stipulated in our Privacy Policy, as well.

Promotional Offers

Swift Pour may notify you of promotional offers during events which you are attending for which you have set up an account and opened a Tab in order to procure alcoholic beverages via the on site Swift Pour rapid liquid beverage dispensing system. You hereby confirm acceptance of receiving such offers during the duration of the event should they be made available.

Warranties

We endeavour to provide our websites to you using all reasonable skill and care, and make no warranty or representation, whether expressed or implied in relation to our websites. All implied warranties or conditions of satisfactory quality, fitness for purpose, completeness or accuracy are hereby excluded to the fullest extent permitted by law.

We make no warranty that our websites will meet all your requirements or will be uninterrupted, timely, secure, error free, that defects will be corrected, or that the website or servers used to host our websites are free of bugs or malware, or represents the full functionality, accuracy, and reliability of the functionality or data obtained by you through the websites.

In the unfortunate event of system or communication errors, we will not be held liable to you as a result of any such errors. We cannot be held responsible for any payments, purchases or returns not reflecting accurately on your account especially where third party service providers are involved and responsible for such an error. We cannot be held responsible for you being disconnected from the website, including if this is as a result of failure of an internet connection, or failure of a telecommunication service provider.

The balance in your Swift Pour account in your Tab will always be as is recorded on our server. By making payments via our Payment Service Provider and by making purchases via our websites, you accept the balance in your account or Tab to be accurate.

Right to Void

Where we, or our third party service providers, have made an error (whether human or otherwise), we will be entitled to void or reverse any payments, purchases or returns and may freeze account balances whilst the matter is being investigated. Where possible, we will notify you of any situation that may result in any investigation.

We have the authority to adjust your account or Tab to reflect the correct balance and rectify any errors. Persons found to be abusing any errors or malfunctions on our websites may have their account closed by us.

Liabilities

You agree that your use of one of our websites is solely at your own risk. We shall not be held liable to you in contract, tort or otherwise for any of the following:

• Business interruption including website or server downtime, internet latency or technical errors or disruptions
• Loss of profits due to purchases made via our websites, knowingly or unknowingly, or when you are under the influence of alcohol
• Loss of data which has been uploaded and collected via our websites for the purposes stipulated in our Privacy Policy and for the purpose of entering into a contract with you in order to provide you with products and services as consented by you
• Indirect or inconsequential losses which arise out of the use of our websites or in relation to these terms of use, even if said losses are foreseeable and we have notified you of said impact to you

You confirm that we shall not be liable to you or any third party for any amendments, modifications, suspension or discontinuation of any of our websites.

We will not be held liable for breach of our Website Terms of Use if it is caused by a matter beyond our control, including, but not limited to, Acts of God, natural or manmade disasters, internet failure, computer hardware and equipment failure, telecommunication failure, power failure, fire, storm, severe weather, flooding, war, explosion, sabotage, hostile activity, disputes or any other act of local or central government, venue owner or other competent authority.

Nothing in our Website Terms of Use shall exclude or limit our liability for death or personal injury resulting from our negligence or any liability to the extent that the same may not be excluded or limited by law.

Website Links

When you visit our website or enter into certain transactions via our website, you could be directed to other websites or services. We will always endeavour to notify you of these redirects where possible. We have no control over these sites or resources and accept no responsibility for these websites or service providers, nor for any losses, harms or damages which may be incurred by you as a result of your use of these websites or services. You indemnify us from any losses, harms or damages that may result from your use of these websites and services even if the use of them was made during the course of transacting on our websites.

Intellectual Property

Our websites, and all content and software on it, remains our exclusive property or is used under licence and with approval from us. Our websites, content and software is protected by copyright laws and treaties around the world. The names of our websites, products and services are the trademarks of us or our agents.

All rights to our websites, content and software is reserved. These intellectual property rights include, without limitation, copyright, trademarks, website design, layouts, graphics, look and feel, underlying software, databases and domain names. You are permitted to utilise this material and content only as authorised by us.

Our websites are made available to you for use solely for noncommercial reasons. Any other use is subject to our approval first.

Language and Jurisdiction

This Website Terms of Use was written in English. Any interpretation of them will be based on the English version. This legal notice may be translated into other languages in the jurisdictions in which we operate on jurisdiction specific branded end user website applications in order for end users to read and understand our Terms of Use in a language familiar to them. The English version of this legal notice will, however, always prevail.

This Website Terms of Use shall be governed and interpreted in accordance with the laws of the Seychelles where Swift Pour Pty Ltd is registered. You agree to be bound by the laws of the Seychelles and to the exclusive jurisdiction of the courts of the Seychelles in relation to any disputes that may arise out of, or in connection with, this legal notice.

Force Majeure

If any events occur which are outside our reasonable control, we will not be liable or responsible for any failure to perform, or any delay in performance, of any of our obligations or the provision of any products or services to you. If such an event or circumstances arise, our obligations will be suspended for the duration of the event. We shall use reasonable endeavours to resume normal operations where possible during or after the event.

SwiftPour Cookie Policy

A cookie is a very small text file placed on an internet user's hard drive. It is generated by a web page server, which is basically the computer that operates a website. The information the cookie contains is set by the server and it can be used by that server whenever the user visits a site. A cookie can be thought of as an internet user's identification card, which tells a website when the user has returned.

Websites in the EU which use lines of browser-readable text known as cookies can only do so with users' consent, and they must provide information about the use to site users.

The EU's E-Privacy Directive of 2002 requires that website visitors be given certain information about cookies. From 26 May 2011 the law changed meaning that in addition to the provision of certain information visitors must give their consent to the placing of cookies. In the UK this change was implemented by the Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011 (PECR).

From 25 May 2018 the General Data Protection Regulation (GDPR) came into force. It says that consent for data processing has to be given by users through a "clear affirmative action" and it must be freely given, specific, informed and unambiguous. To achieve this, SwiftPour provides the cookie popup on our website where users of the website may accept or decline the use of cookies.

In accordance with the laws applicable in the countries which our websites operate, Swift Pour advises that the following types of cookies may be used on our website:

ESSENTIAL COOKIES: Cookies that are essential to the running of a website. Without the use of cookies, parts of the website would not function correctly. For example, when logging in to your account on our website, a cookie is created to allow you to browse and transact on the website.

ANALYTICAL COOKIES: We use analytical cookies to monitor our website performance and to determine how visitors use the site. These cookies provide us with information that helps us create a better website for our users and to identify areas that may need maintenance.

PERSISTENT COOKIES: These are saved on your computer for a fixed period and are not deleted when the browser is closed. Such cookies are used where we need to know who you are for repeat visits, so the correct language is presented, and to improve our users’ experience of the website.

FUNCTIONAL COOKIES: Functional cookies are used to remember your preferences on our website, enhancing the user experience. This can have a range of functions such as remembering your username or recording that you have read a site message so you don’t need to view it again.

SESSION COOKIES: Session cookies are used by the server to store information about user page activities so users can easily pick up where they left off on the server's pages.

Swift Pour uses cookies on our websites to help us to recognise you, track your activity and improve your use and experience of the website.

Cookies are generally harmless and some are required for a website to run efficiently such as essential, persistent or functional cookies. It is possible to block some cookies and even to delete cookies that have already been set, but this may result in a reduced functionality on our website or a less enhanced user experience. Most online browsers automatically accept cookies. However, if you wish to restrict or block cookies you may also modify your browser settings.

Cookies are generally harmless and some are required for a website to run efficiently such as essential, persistent or functional cookies. It is possible to block some cookies and even to delete cookies that have already been set, but this may result in a reduced functionality on our website or a less enhanced user experience. Most online browsers automatically accept cookies. However, if you wish to restrict or block cookies you may also modify your browser settings.