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Privacy policy

How Swell collects, uses and protects your information when you visit our site, fill out a form, sign up for Stoked (our email newsletter) or use the client portal.

Swell Ad Agency (“Swell”) is a marketing agency of Professional Security Alliance, Inc., a Colorado corporation d/b/a PSA Security Network (“PSA,” “we,” “us” or “our”). We respect your privacy and are committed to protecting it through our compliance with this privacy policy (“Privacy Policy”).

This Privacy Policy explains how information is collected and used when you visit www.swelladagency.com (the “Site”), contact us through one of our forms, sign up for our newsletter or reports, or use the Swell client portal (together with the Site, the “Services”). It works alongside the Swell Terms and Conditions. Capitalized terms not defined in this Privacy Policy have the meaning set forth in the Terms and Conditions or any additional PSA policies, addendums and agreements made available to you.

This Privacy Policy does not cover information that you submit on other websites, even if we communicate with you on those sites. By using the Services, you agree to be bound by the terms of this Privacy Policy. If you do not agree to any of its terms, your only recourse is to stop accessing or using the Services.

1. Personal Data and aggregate information

“Personal Data” is information that tells us specifically who you are, such as your name, email address, phone number, company, job title, postal address or the approximate location of your device, and information about the services you purchase when it is stored with your name.

Some parts of the Site don't ask for any Personal Data. To request a strategy call, sign up for our newsletter, download a report or use the client portal, you'll need to give us some Personal Data. What we collect depends on which Services you use.

From time to time we may collect general, non-personal, statistical information about how the Services are used, such as which pages are most popular. We may group this into aggregate data to describe use of the Services to our partners or other third parties, or in response to a government request. Aggregate data does not personally identify you or any other user.

2. Information you give us

We receive and store information you enter on the Services or give us in any other way, including:

  • Contact and inquiry forms. When you schedule a free strategy call, we collect your name, company, email, phone number, PSA or Edge membership status, the services you're interested in and your goals. When you join the fellowship interest list or apply for the fellowship, we collect your name, email, company and role.
  • Newsletter and report signups. When you sign up for Stoked, Swell's email newsletter, or request a report, we collect your name, email and, where asked, your job title.
  • Client portal. If your company works with Swell, we create a portal account with your name, email and company. We also store what you add in the portal, such as files you upload, requests and tickets, project updates and approvals, and your content calendar selections. For security and support, we keep a log of portal activity: sign-ins and sign-outs, failed sign-in attempts and password reset requests (including the email address entered), the sections and files you open, and the IP address and browser used. Only the Swell team can see this log.
  • Messages. When you contact us, we may receive your name, email, phone number, the contents of your message and any attachments, and other information you choose to provide.
  • Testimonials and work samples. We may feature testimonials, client logos, case studies, project photos and other marketing work on the Services, with the client's permission where required. Requests to remove posted materials should be sent to marketing@psasecurity.com. Reasonable efforts will be made to remove posts after we receive written notice.
  • Information from third parties. We may also receive information about you from PSA and its affiliates, our business partners or publicly available sources.

3. Cookies and automatically collected information

When you visit the Site, we may automatically collect information from your browser or device, such as your IP address, browser type and language, access times, pages visited and operating system.

We ask before using cookies that aren't essential. The first time you visit, a banner lets you accept all cookies, keep essential storage only or choose by category. You can change your choice at any time using Cookie settings, which is also at the bottom of every page.

  • Embedded videos. Videos on the Site are played through Vimeo in its “do not track” mode.
  • Fonts. The Site loads fonts from Google Fonts, which means Google receives your IP address when a page loads.
  • Google Analytics. For more about how Google uses this data, visit policies.google.com/technologies/partner-sites. You can also opt out of Google Analytics in any website by installing the browser add-on at tools.google.com/dlpage/gaoptout.
  • Browser settings. You can also block or delete cookies in your browser settings. If you do, some features of the Services may not work correctly.

The Site does not respond to Do Not Track browser signals. Instead, you can control cookies through the banner and Cookie settings described above.

4. How we use your information

We use, store and process information, including Personal Data, to provide, understand, improve and develop the Services, including to:

  • Respond to your inquiries and schedule the calls you request
  • Carry out our services and obligations under any agreement between you or your company and PSA
  • Run the client portal, including sharing project updates, files, reports and brand materials with your company and notifying our team of your requests and uploads
  • Send you the newsletter, reports and other content you sign up for
  • Tell you about Swell, PSA and Edge services, events and member benefits that may help you
  • Notify you about changes to our Services or policies
  • Understand how the Site is used and improve it
  • Detect and prevent fraud and security issues, collect amounts owed to us and maintain business records
  • For any other purpose with your consent

5. How we share information

Information, including Personal Data, may be shared as follows:

  • PSA and its affiliates. Swell is part of PSA, and we may share information with PSA and its affiliates, including Edge.
  • Service providers. We use trusted providers to run the Services, including Netlify (website hosting), Supabase (client portal accounts and files), monday.com (form submissions and project management), Klaviyo (email signups and newsletters) and Google (analytics and fonts). We take reasonable steps to make sure these providers are aware of their obligations to protect Personal Data on our behalf, but we cannot guarantee they will follow those obligations.
  • Manufacturer marketing programs. When a client asks us to run a manufacturer marketing development fund (MDF) or co-op activity on their behalf, we may share campaign results and lead lists with that manufacturer as the program requires.
  • PSA Partners. We may share Personal Data with PSA Partners (as defined in our Terms and Conditions), who may use it to market and offer their products and services. We can't speak to their privacy practices and encourage you to read their privacy policies. See Your choices below to opt out of this sharing.
  • Joint marketing partners. We may share Personal Data with third parties we partner with to jointly create and offer a product or service. These partners may use it to market PSA-related products, unless you have consented to other uses.
  • Aggregate and de-identified information. We may share de-identified, aggregated information with advertisers and marketing partners.
  • Embedded content and other services. Features such as embedded LinkedIn posts and Vimeo videos come from third parties that we don't control. We encourage you to read their privacy policies.
  • Legal requirements. We may release information when we believe it is necessary to comply with a legal obligation or respond to valid legal process, such as a search warrant, court order or subpoena, or where we believe it is necessary for legitimate interests relating to national security, law enforcement, litigation, criminal investigation or protecting the safety of any person, provided those interests are not overridden by your rights and freedoms.
  • Business transfers. We may disclose Personal Data while negotiating or in connection with a change of corporate control, such as a restructuring, merger or sale of assets, including to any successor to all or part of our business.
  • With your consent. We may disclose Personal Data whenever you consent to the sharing.

6. Your choices

  • Emails. You can unsubscribe from our newsletter and promotional emails at any time using the link in any email. If you're a client, we may still send you transactional and service emails.
  • Cookies. Change your cookie choices at any time with Cookie settings.
  • Portal accounts. Your client portal account is protected by your password. Don't share it with anyone. You're responsible for keeping it confidential and for activity under your account. To close your account, contact us. We may keep some information afterward to collect fees owed, resolve disputes, prevent fraud, enforce our Terms and Conditions or as required or permitted by law.
  • PSA Partner sharing. To opt out of sharing your Personal Data with PSA Partners, email marketing@psasecurity.com with the subject line “PSA Partner Sharing.”

7. California residents

This section applies only to residents of California, who have certain rights under the California Consumer Privacy Act (“CCPA”). In accordance with the CCPA, this Privacy Policy describes the categories of Personal Data we collect, how we collect and use it, the categories of Personal Data shared with third parties and the categories of third parties we share it with.

As a California resident, you can request a list of the Personal Data we've collected about you, a list of the Personal Data we've shared with third parties and the names of those third parties. You may make this request twice a year at no charge. You may also ask us not to sell or disclose your Personal Data to third parties. Because we need to share some Personal Data with our service providers to provide the Services, such a request may affect how you can use them.

To make any of these requests, email marketing@psasecurity.com with the subject line “California Consumer Privacy Act.”

8. We store information in the United States

Personal Data collected through the Services is transferred to and stored in the United States. If you live outside the United States, you understand and agree that we may transfer your information to the United States, which is subject to U.S. laws that may not offer the same protection as the laws of your country. PSA personnel and the third parties we share Personal Data with are located in the United States. We have not adopted policies that comply specifically with the EU General Data Protection Regulation (GDPR).

9. Security

We take reasonable precautions to protect the privacy, accuracy and reliability of the information you provide and to protect it from loss, misuse, unauthorized access, disclosure, alteration and destruction. Personal Data is stored in databases controlled by us or our service providers, and we use security measures consistent with industry standards, such as encryption and access controls. Because no security system is impenetrable, we cannot guarantee the security of our databases or that information you send us won't be intercepted. You transmit information to and from the Services at your own risk.

10. Children

The Services are not directed to children. Consistent with the Children's Online Privacy Protection Act (COPPA), we do not knowingly request or accept Personal Data from anyone under 13. If we learn that someone under 13 has given us information through the Services, we will make commercially reasonable efforts to delete it.

11. Changes to this policy

PSA may change this Privacy Policy at any time at its sole discretion, including to comply with privacy laws, regulations or industry standards. We'll update the date at the top of this page when we do. We encourage you to review this Privacy Policy each time you use the Services. Your use of the Services after any change means you accept the updated Privacy Policy.

12. Governing law and disputes

This Privacy Policy is governed by the laws of the State of Colorado, without regard to conflict of law principles. Any action relating to this Privacy Policy must be filed in a state or federal court of competent jurisdiction located in Denver, Colorado, and you consent to the exclusive jurisdiction and venue of those courts. PSA makes no representation that this Privacy Policy and its practices comply with the laws of any country outside the United States.

DISPUTES REGARDING THIS PRIVACY POLICY ARE GOVERNED BY THE ARBITRATION CLAUSE IN OUR TERMS AND CONDITIONS. THESE PROVISIONS WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST PSA TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP OR REPRESENTATIVE ACTION OR PROCEEDING.

13. Contact us

If you have questions or comments about this Privacy Policy or our privacy practices, or want to report a violation of this Privacy Policy or abuse of the Services, contact us by mail or email: