Privacy policy

This Privacy Policy is addressed to Users and aims to inform them about how their personal information may be collected and processed.

Respecting privacy and personal data is a priority for Swile, which is why we are committed to processing such data in full compliance with the applicable regulations on personal data protection (hereinafter referred to as the “Applicable Regulation”), particularly the French Data Protection Act of January 6, 1978 (hereinafter the “LIL”), as amended, and the General Data Protection Regulation (EU) of April 27, 2016 (hereinafter the “GDPR”).

In this regard, Swile ensures:

• Respect for privacy protection by default and from the design stage of its applications;
• Lawful, fair, and transparent data processing for legitimate and specific purposes;
• Enabling Users to exercise their rights at any time.

Additionally, Swile commits to:

• Never selling your personal data under any circumstances;
• Applying a rigorous process for selecting its subcontractors and ensuring they have an adequate level of personal data protection through appropriate organizational and technical measures;
• Hosting data securely, in accordance with the recommendations of data protection authorities.

Affiliate: Refers to the partner merchant of Swile who can accept the use of the Swile Card as a means of payment at its point(s) of sale, website(s), online platform(s), and/or application(s), in accordance with the eligibility conditions defined by Swile.

Entitled Persons: A natural person belonging to the tax household of a Beneficiary.

Beneficiary: Refers to the individual receiving Swile’s services, an employee within a company that is part of the Client's group.

Swile Card: Refers to the nominative chip card offered by Swile to Beneficiaries, allowing payments to eligible merchants in accordance with the regulations applicable to the Services.

Client: Refers to the company or the Social and Economic Committee (the "CSE") that has subscribed to one of the offers proposed by Swile for the use of the Services and the provision of the Services to Beneficiaries.

"EMI": Depending on the configuration made by Swile and according to the Services, refers to :

(i) either Treezor SAS, an electronic money institution authorized by the Autorité de Contrôle Prudentiel et de Résolution, 4 Place de Budapest 75436 PARIS CEDEX 09, listed on www.regafi.fr under the number 16798;

(ii) or Swile Payment, an electronic money institution authorized by the Autorité de Contrôle Prudentiel et de Résolution, 561 rue Georges Melies 34000 Montpellier, listed on www.regafi.fr under the number 17508.

Beneficiary Space: Refers to the configuration interface made available to the Beneficiary by Swile.

Client Space: Refers to the administration interface made available to the Client by Swile.

Identifier: Refers to the combination of the email address and password chosen by the Beneficiary or the Client during their registration on the Platform, which allows access to their Space.

Platform: Refers to the website accessible at www.swile.co and the mobile application “Swile,” published by Swile, as well as all its graphical, audio, visual, software, and textual components. The Platform is the exclusive property of Swile.

Third-Party Service Platforms: Refers to all intermediaries providing various types of Services accessible to the Beneficiary (meal delivery platforms, etc.).

Services: Refers to the services offered by Swile, particularly through the Platform. The Services are detailed in the applicable conditions.

Swile : Refers to Swile, a simplified joint-stock company, whose registered office is located at @7Center, Immeuble L’Altis, Bâtiment A, 561 rue Georges Meliès – 34000 Montpellier, registered with the Trade and Companies Register of Montpellier under number 824 012 173, represented by M. Loïc Soubeyrand.

Users: Refers to all categories of users of the Platform. The following are considered Users:

• Beneficiaries;
• Clients;
• Affiliates.
  

"Wallet(s)": Refers to an electronic money account opened by a Beneficiary in the records of the EMI for the purposes of the Wallet Service.

Depending on the level of determination by Swile regarding the purposes and means of data processing, Swile will alternatively act as either a data controller or a data processor on behalf of the Client or the EMI.

As part of providing the Services, Swile collects personal data concerning Users either directly or indirectly for the purposes mentioned below.

Swile may transmit your data to its processors solely for the purpose of performing part of the Services.

Swile conducts prior audits and documents all organizational and technical measures implemented by its processors.

Swile systematically ensures the implementation of sufficient security measures to maintain an adequate level of protection throughout the data lifecycle.

As a result, Swile ensures that processed personal data is not readable in plain text and is systematically encrypted. Therefore, without the encryption key, the data remains inaccessible, even to a foreign judicial or administrative authority.

Swile also ensures the establishment of strong contractual guarantees by imposing a Data Processing Agreement (DPA) adapted to its sector of activity.

You may request access to documents ensuring appropriate contractual safeguards by contacting our Data Protection Officer (DPO) via email at dpo@swile.co, or by mail addressed to Swile – DPO Service, IMMEUBLE L'ALTIS BATIMENT A @ 7CENTER, 561 RUE GEORGES MELIES, 34000 MONTPELLIER, FRANCE.

Within the scope of their respective roles and for the specified purposes, the individuals who may have access to your data are as follows:

• Authorized personnel from our research and development, marketing, sales, administrative, logistics, legal, and IT departments, responsible for improving our services, customer relations, prospecting, and quality control;
• Authorized personnel from our processors.
  
  It is important to note that all these individuals are subject to an obligation of competence and confidentiality and face disciplinary, judicial, and/or administrative sanctions in the event of misuse of the data for purposes other than those specified above.
• Additionally, we maintain strong contractual guarantees regarding the processing of personal data by our processors, and access to such data must be justified and pre-approved by Swile.

Swile is committed to preserving the security of its information systems and the personal data it processes. Swile implements all necessary technical and organizational measures to ensure the security of personal data processing and the confidentiality of the data it collects. This includes the implementation of the measures detailed below :

Swile has appointed a Data Protection Officer (hereinafter referred to as the “DPO”) who can respond to all your requests, including the exercise of your rights concerning your personal data.

You can contact the DPO :

📧 By email: at the following address: dpo@sociétéA.com
💌 By mail: Swile – DPO Service, IMMEUBLE L'ALTIS BATIMENT A @ 7CENTER, 561 RUE GEORGES MELIES, 34000 MONTPELLIER, FRANCE

In accordance with the Applicable Regulation, you have the following rights (learn more):

• Right of access (Article 15 GDPR), rectification (Article 16 GDPR), updating, and completion of your data.
• Right to erasure (or "right to be forgotten") of your personal data (Article 17 GDPR) when the data is inaccurate, incomplete, ambiguous, outdated, or when its collection, use, communication, or retention is prohibited. The exercise of this right may be limited by a legal obligation to retain data for fraud prevention and/or anti-money laundering purposes.
• Right to withdraw your consent at any time (Article 7 GDPR).
• Right to restrict processing of your data (Article 18 GDPR) in cases of dispute.
• Right to object to the processing of your data (Article 21 GDPR), which is automatic for direct marketing purposes and requires justification of compelling legitimate reasons in other cases. To learn more about unsubscribing from Swile communications, see Article 11 of our Privacy Policy.
• Right to data portability for the data you have provided to us, when the data is subject to automated processing based on your consent or a contractual agreement (Article 20 GDPR).

You can exercise your rights, provided you verify your identity, by contacting our DPO.

If you wish to close your Swile account while still employed by a company that has subscribed to Swile’s services, we recommend reaching out to your employer to stop receiving services from Swile.

Finally, you also have the right to lodge a complaint with the supervisory authorities, including the CNIL (French Data Protection Authority) or any other competent authority.

At Swile, we may send you various types of communications.

Swile is subject to legal and regulatory obligations aimed at preventing:

• External fraud – as a data controller.
• Money laundering and terrorist financing (AML/CFT) – as required by Article L561-12 of the French Monetary and Financial Code.

As part of these obligations, Swile retains the following personal data, when applicable:

• Personal data you have provided, such as your identification data, professional status (e.g., current or former employee of a Swile client company), and economic or banking information.
• Data collected during the subscription and use of your accounts and subscribed products, such as transaction and banking operation data, product types, and payment methods.
• Data collected during your navigation on our websites or applications.
• Data from correspondence and communications.

Therefore, some of your data cannot be permanently deleted after the closure of your account and will be archived for 5 years from the date of account closure, in compliance with legal obligations.

For the proper functioning of the Platform and Services, we use connection data (date, time, IP address, protocol of the visitor's computer, pages viewed) and cookies (small files stored on your device) that help identify you, remember your visits, and provide audience measurement and statistical analysis, particularly concerning the pages you have viewed.

Some cookies, referred to as "non-essential", help us improve the quality of our Service and offer solutions tailored to your needs and habits.

For these non-essential cookies, Swile obtains your prior consent through a dedicated banner displayed during your first visit to the Platform.

For more information, you can consult our Cookie Management Policy.