Privacy Policy

1. General

1.1 By accessing the Swelly website or Swelly mobile applications, or any related service, or by using Swelly embedded in messenger services and applications, including via chat bots ("Service"), the user or visitor ("You", "Your", "User" or "Users"), regardless of the type of media through which the User accesses the Service, agrees to the Terms of Use including to this Privacy Policy (together the "Terms of Use"). The Service is owned, controlled and operated by dvel Inc, a company registered and incorporated Delaware, USA, having its registered address in 1811 Silverside Road, Wilmington, DE 19810 (the "Company"). Users, who disagree with these Terms of Use or with any part of these Terms of Use, including the Privacy Policy, shall not use Service. 

1.2 The Company complies with all laws applicable in the State of Delaware.

2. Eligibility

The Company does not knowingly collect any data from children under the age of 13 as the Service is not directed at children below the age of 13. If you consider that the Company has collected data regarding children below the age of 13, please notify the Company via e-mail to and the Company will delete and take down such data as soon as reasonably possible.

3. Retention of the Data

Any data provided by a User, including any personal data which is able to be used for identifying an individual person, including, but not limited to, first name and surname, date of birth, gender, any personal images and e-mail address, is kept for the time necessary to provide the Service as requested by the User and thereafter at least for such time as is necessary to comply with any legal obligations of the Company. The User has the right to request the Company to suspend the use of and/or remove the data provided by the User from the Service.

4. Login Data

4.1 Users are responsible for maintaining confidentiality of their login data. You undertake to notify the Company immediately of any unauthorised use of Your login data by sending an e-mail to

4.2 If You login using your Facebook account or use certain functions of Service that require a Facebook permission (including but not restricted to Facebook Messenger), you authorise the Company to access and use certain information related to Your Facebook account, such as your Facebook ID, user name, profile picture, gender, location of such information and any other data that is considered as part of Your Facebook public profile as well as friends lists, date of birth, contact e-mail address, etc. For more information about Your Facebook privacy settings, please refer to the respective information provided on Facebook.

5. E-Mail Communication

The Service may contain web beacons in advertisements or e-mail messages to determine whether messages have been opened and acted upon. The information that the Company obtains in this manner enables the Company to customize its Service and to measure the overall effectiveness of its content or activities. The Company may also use data, collected using such technologies, for the Company's own analytical reviews and analysis or provide, or sub-license such data to third parties.

6. Data Collected from and Provided by Users

6.1 The Company may use standard Internet technology from Your browser or device via Service, such as web beacons, pixel tags, system logs and other technologies to track Your use of Service. Information that is thereby collected may comprise Your IP address, domain name, device ID and type, your browser type and its features, country of origin, geographic location, language, operating system used by Your device, acces time, various time details per visit, details about the path followed within Service with special reference to the sequence of pages visited, etc. This information is collected automatically. Service does not support "Do Not Track" requests.

6.2 Service may automatically collect or You may freely provide the data at the creating of an account and login, such as Your first- and second name, e-mail address, gender, location data, date of birth, profile picture, photo data and other information that identifies You through Service. If You use Service from within the USA territory, you grant Company a right to use Your e-mail address in order to obtain additional data from third parties.

6.3 The Company may collect and aggregate data, information and statistics regarding Users and their behaviour as collected in accordance with this Privacy Policy. The Company may share such aggregated data in an anonymized form that does not describe or identify any individual User to its partners (which includes third parties that have data sharing arrangements with such partners). By agreeing to the Terms of Use and using the Service You hereby give Your consent, for the purposes of any and all applicable laws, including applicable data protection legislation, for the Company to share and/or transfer such data and information to third parties in an aggregated and anonymized form.

6.4 The Company will use and disclose Your information and data as necessary or appropriate under applicable law, to comply with legal process, to assist law enforcement, to respond to regulatory or other legal inquiries, to enforce our terms and conditions, including investigations of potential violations, to detect, prevent or otherwise address fraud, security or technical issues, to protect the Company's rights, privacy, safety or property, and to allow the Company to pursue available remedies to limit the damages that it may sustain. In matters involving claims of personal or public safety or in litigation where the information or data is pertinent, we may use or disclose personal information without your consent or court process.

7. Cookies

7.1 When You visit/use the Service and agree to the use of cookies, the Service may assign one or more cookies to Your device to facilitate access to the Service and to personalize Your experience. These cookies allow the Company to distinguish You from other users. Using cookies that You have agreed to, the Service may automatically collect data about Your activity when using the Service. The Company (or third parties) may use certain data collected to show You advertisements for the Service on other websites or applications.

7.2 "Analytical" cookies may also be embedded into the Service and help Company to keep track on the number of visitors and to analyse Users' behaviour when they access the Service using various media sources. This helps the Company to improve the way the Service functions.

7.3 You can choose to enable cookies in Your web browser, using options as designed for every specific browser. Use of cookies as regards Users of the Service that are located in the European Union is governed by the provisions of the EU Cookies Directive.

8. Analytics

8.1. Further to Sections 6.1 and 7.2 above, the Company may use third party tools to analyse traffic and usage of the Service via information sent from any device or application that a User may use to access the Service or sent by the Service, including tracking of websites and parts of the Service accessed by a User. As the tools will aggregate the collected data it will regularly not be possible to track any activity back to individual Users.

8.2. The Company may use Google Analytics, a web analysis service provided by Google Inc. ("Google"), to contextualize and optimize Your experience with the Service where appropriate. Google utilizes the data collected to track and examines the use of Service, to prepare reports on Users' activities and share them with other Google services. Google may use on behalf of the Company the data collected to personalize the ads of its own advertising network. Google will use the information generated by the cookies for the purpose of evaluating the use of Service, compiling reports on activity providing the Company with these reports for analytical purposes. Google may transfer this information to third parties in case of a statutory obligation or if a third party processes data on behalf of Google.

9. Cross-border Data Transfers

Information that is collected via the Service may be stored, processed in and transferred between various countries and jurisdictions, including but not limited to countries in which the Company operates. Depending where You are, you may fall under different data protection laws. If You are in the European Union or in any country or region, where laws governing collection and use of data differ from the law of Austria, please note, that by using the Service, you agree to such cross-border transfer of the information.

10. Links included in Service

The Service may contain links to external sources of which the Company has no control and does not assume any liability for. The Company does not take responsibility for the content or the privacy practices employed by or on other sites. If You provide information or data to external sources any information or data You provide will be subject to that external source's privacy policy (if any), rather than this Privacy Policy.  In such a situation, the Company will have no control over and shall not be responsible for, that external source's use of the information or data You provide to them.

11. Contact and Communication

The Company makes an effort to ensure a safe and secure form of communication with Users. If You contact the Company, the Company may use any information communicated by You to provide You with further information about the Service or to assist You in answering any questions or queries You may have submitted.

12. Information Disclosure

The collected data may be used by the Company for all purposes allowed under applicable law, in court or in the stages leading to possible legal action arising from improper use of Service or the related services. The User hereby confirms and agrees that the Company may be required to reveal personal data upon request of public authorities.

13. Exclusion of liability

The Company is providing the Service on an "as is" basis without accepting any liability. In particular, the Company shall not be liable for a performance of the Services without any errors, including with regard to the collection, processing, storing, aggregating, anonymizing, forwarding and releasing of a User's data, including any personal data. The Company expressly excludes any liability for any direct or indirect, incidental, special consequential or punitive damages relating to a User's data and information, including any personal data.

Latest update: Wed Feb 19 2020