Open & Disaggregated Infrastructure News

Privacy Policy

Privacy Policy for odinews.tech

Last Updated: 11th June 2024

This Privacy Policy describes the types of information SW4 INC. (“SW4”, “we”, “us”, or “our”) collects through the odinews.tech website and any future events (collectively, the “Services”), and how that information is used and shared.

Please note that this Privacy Policy applies to information SW4 collects from you via the Services, as well as other information provided to us online or offline by third parties when we associate that information with customers or users of the Services; however, it does not apply to information collected from our employees, contractors, or vendors. It also does not apply to information that you ask us to share with third parties or that is collected by Online Tool Providers (as further described below) or any SW4 Partners or Promoted Partners (as further described below). You acknowledge that SW4 is not responsible for the data collection or use practices of any other user of the Services and that the use of your information by third parties utilized in providing the Services may be governed by such third parties’ own privacy policies.

Further, the Services may contain third-party advertisements and/or links to or integrations with third-party websites, services, or apps that are not controlled or operated by SW4. This Privacy Policy does not apply to such third party advertisements, websites, services, or apps, and SW4 is not responsible for such third-party content or the privacy or security practices of such third parties. Therefore, we encourage you to request and review the privacy policies of any third parties upon disclosing your information to such parties or visiting such third-party websites, services or apps so that you understand how those third parties collect, use, share and protect your information.

THIS PRIVACY POLICY ALSO CONTAINS A BINDING ARBITRATION PROVISION IN SECTION 13 THAT AFFECT YOUR RIGHTS UNDER THIS PRIVACY POLICY WITH RESPECT TO THE SERVICES.

This Privacy Policy describes, among other things:

  • Personal and other information we collect about you;
  • How we use your information;
  • Rights that you may have if you reside in the State of California;
  • Rights that you may have if you reside in the European Union;
  • How we may share your information with third parties; and
  • Your choices regarding the personal information we collect about you.

Changes and updates to the Privacy Notice

We may modify this Privacy Policy at any time, for any reason, without prior notice to you, by posting of the updated Privacy Policy on this page. You can always check the “Last Updated” date at the top of this document to see when the Privacy Policy was last changed. You should check this page frequently to see the current Privacy Policy that is in effect and any changes that may have been made to it. Any modification is effective immediately upon posting on this page. The provisions contained in any updated version of this Privacy Policy supersede all previous notices or statements regarding the privacy practices of the Services; however, material changes to this Privacy Policy will not apply retroactively to information we collected from you before the changes went into effect unless you affirmatively give your consent. IF YOU DO NOT AGREE TO CHANGES TO THIS PRIVACY POLICY, YOU MUST STOP USING THE SERVICES AFTER THE EFFECTIVE DATE OF SUCH CHANGES (WHICH IS THE “LAST UPDATED” DATE OF THIS PRIVACY POLICY).

Consent

By accessing or using this Services, you agree to the terms and conditions contained in this Privacy Policy. If you do not agree to any of these terms and conditions, you should not use the Services.

1. Information Collected

When you register for or use the Services, we collect Personal Information. By “Personal Information” we mean information that can identify or reasonably be linked to an individual, such as:

  • General Identifiers: Your name, address, telephone number, email address, title, and the name of your employer.
  • Identifiers Received from Third Parties: Third parties, including our corporate affiliates, may provide us with your name, address, the name of your employer, your title, email address, telephone number, and your industry, which we associate with users of the Services.
  • Device Identifiers: Information about the computer or mobile device you use to access the Services, including IP address.

You may choose not to provide Personal Information (subject to the controls offered by your device’s operating system), but this may prevent you from using certain features of the Services or registering for or attending any future events.

We also collect non-Personal Information relating to the Services, that is, information that cannot identify or be reasonably linked to an individual. The non-Personal Information we collect includes information generally collected or “logged” by Internet websites or Internet services when accessed or used by users, and information about how you interact with and use the Services. Examples of non-Personal Information we collect are: URL visited, the content accessed, errors experienced, and in some cases, the websites you visited before or after you visit the Services.

We may use non-Personal Information to deliver interest-based advertisements to you on third-party websites or applications that are not part of the Services, and if we do associate any non-Personal Information with information that personally identifies you, then we will treat it as Personal Information. As discussed in more detail below, we sometimes use cookies and other automatic information gathering technologies to gather non-Personal Information. Section 8 of this Privacy Policy describes how you can opt-out from receiving interest-based advertisements.

2. Cookies and Other Technologies

Every time you use the Services (e.g., access a web page), we use various technologies to collect and store information regarding that use. For example, to improve our Services, we collect how, when, and which parts of the Services or its features you use. To assist us in collecting and storing this non-Personal Information, we may use cookies or anonymous identifiers that are sent to your device, “web beacons”, clear GIFs, and pixel tags. Cookies are text information files that a website operator, or a third party whose content is embedded in the website, may store in your web browser and/or your mobile device and that the website operator, or, as applicable, the third party, can access when you visit the website. Pixel tags and web beacons are not visible to the user of a website and consist of a few lines of computer coding delivered with the web pages accessed which allow the operator of that website, or a third party, to read or write a cookie. Most browsers accept cookies automatically, but you may have the ability to configure your browser so that it does not accept them or to indicate when a cookie is being sent. You may also be able to set your browser to refuse all website storage or to indicate when it is permitted, but some features of our Services may not function properly without it.

More information about managing cookies is available here. To learn how to manage privacy and storage settings for your local browser storage, please refer to the end-user documentation for your browser.

Personal Information and non-Personal Information may also be collected automatically by Online Tool Providers. By “Online Tool Provider” we mean a licensor of software that we include in, or use with, the Services, including an API or SDK, that provides a specialized function or service to us and that requires the transmission of Personal Information and/or non-Personal Information to the Online Tool Provider. Online Tool Providers may have the right to use Personal Information and non-Personal Information about you for their own business purposes. Use and disclosure of Personal Information and non-Personal Information by an Online Tool Provider is described in its privacy policy. You can read more about the Online Tool Providers we use here:

3. Use of Your Information

Upon our collection of your information, SW4 may use such information internally, separately, or in combination with pre-existing information which we will treat as Personal Information or non-Personal Information (as applicable) when we associate it with information collected through the Services, for the “Business Purposes” set forth below.

  • To assist us in providing, maintaining, and protecting the Services;
  • To contact you, including via email, to respond to your comments or requests for information;
  • To improve our, and our affiliates’, products and services and identify, develop or offer new products and services;
  • To contact you with more information about SW4 and its products and services, as well as information regarding products and services that are provided or fulfilled by our authorized partners (each a “SW4 Partner”) or our affiliates. To do this, we (or our Service Providers or Online Tool Providers) may deliver interest-based advertisements to you on third-party websites or applications that are not part of the Services.
  • To enforce the Services terms and conditions, including this Privacy Policy;
  • To generate aggregate statistical studies and conduct research which may be used in marketing our services to you or to third parties;
  • To make you aware of and promote products and services offered by trusted third parties (for example, the sponsors of any future events) (our “Promoted Partners”), which may be of interest to you; for example, we may send you email messages that are co-branded by us and our Promoted Partners about a Promoted Partner’s products or services;
  • To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations;
  • To respond to your requests under data privacy laws and regulations that apply to your Personal Information, such as the California Consumer Privacy Act of 2018 (the “CCPA”) or the GDPR (as defined below);
  • For any other purposes described to you when we collect your information; and
  • For any other acceptable purposes as set forth in the data privacy laws and regulations that apply to your Personal Information, such as the CCPA or the GDPR.

We may combine Personal Information about you received from several sources, including without limitation, the information that is collected through the Services as described above, in order to create more tailored personalized promotions of certain products and services for you and to better market our products and services to you and to third parties. We do not use your personal information for the purpose of offering behavioral advertising.

4. Disclosure of Your Information: Data Sharing and Transfer

SW4 discloses Personal Information to the following categories of third parties for a Business Purpose:

SW4 Affiliates – We may disclose Personal Information to our affiliated companies that carry out one or more of the Business Purposes described above.

SW4 Partners – In order to provide you with information about or fulfill your order for a product or service that is provided or fulfilled by a SW4 Partner, as discussed above.

Service Providers – We may provide your personal information to our Service Providers. By “Service Providers” we mean trusted businesses, agents, contractors, or service providers that provide services to help us with our business activities (such as the provision of data storage, hosting of our Services, marketing of our products and services, and conducting audits), based on our instructions and in compliance with our Privacy Policy and any other appropriate confidentiality and security measures. Our Service Providers are authorized to use your Personal Information only as necessary to provide these services to us or as required by applicable law.

Online Tool Providers – We may disclose your Personal Information to Online Tool Providers, as described above.

Promoted Partners – We may disclose your Personal Information to Promoted Partners, including sponsors of any future events, as described above.

Government Authorities, Law Enforcement, and Others —SW4 may disclose your Personal Information to government authorities, law enforcement, courts, or other third parties based on the good faith belief that such action is necessary or appropriate to: (a) meet any applicable law, regulation, legal process or enforceable governmental request, or to demonstrate compliance with any of the foregoing; (b) enforce the terms and conditions of the Services, including investigation of potential violations; (c) detect, prevent, or otherwise address fraud, security or technical issues; (d) protect and defend the rights or property of SW4; or (e) act in urgent circumstances to protect the safety or security of the public or of the users of the SW4 product and service offerings.

We may share aggregated, non-Personal Information publicly and with companies or financial institutions that perform marketing services on our behalf, or with other financial institutions with which we have joint marketing arrangements. For example, we may share non-Personal Information publicly to show trends about the general use of our Services. We may also share or sell such aggregated, non-Personal Information to other third parties.

Lastly, in the event that SW4 is involved in a transaction such as a merger, stock purchase, or sale of substantially all of SW4’s assets, your Personal Information may be transferred to the other party in such transaction, or transferred to a third party in the unlikely event of a bankruptcy, liquidation, or receivership of our business. We will use commercially reasonable efforts to notify you of such transfer, for example via email or by posting notice on the Services.

5. Children’s Privacy

The Services are not directed at children and children are not intended as the audience of the Services. Furthermore, we do not knowingly collect any Personal Information from children under 18 years of age, and we do not authorize users under 18 years of age to use the Services. Accordingly, the provisions of the Children’s Online Privacy Protection Act do not apply to the Services. We encourage all parents to talk to their kids about online safety and to monitor their children’s use of the Internet and mobile applications.

6. Security

Your Personal Information will be stored by SW4 or its Service Providers. To the extent your Personal Information is stored by our Service Providers, we require that they use reasonable information security measures to safeguard your Personal Information. If you wish to receive information about such Service Providers, you may make such a request using the contact information set forth at the end of this document, including the phrase “Third Party Service Providers” in the subject line, and providing us with your name, address and email address. We will respond to you within thirty (30) days of receiving such a request.

To help protect the privacy of data and Personal Information you transmit through use of this Services, we maintain reasonable physical, technical and administrative safeguards. For example, data transmitted via the Services may use Transport Layer Security (TLS) protocol, and data may be encrypted on some pages of the Services. To the extent such technology is utilized on a given page, you may be unable to use certain account or customization features of the Services unless your web browser software supports such encryption. We update and test our security technology on an ongoing basis. We require that access to your Personal Information is limited to those employees, Service Providers, and Online Tool Providers who need to know that information to provide the Services. In addition, we train our employees about the importance of confidentiality and maintaining the privacy and security of information. We commit to taking appropriate disciplinary measures to enforce our employees’ privacy responsibilities.

Information gathered through the Services may be transferred, used, and stored by SW4 in the United States or in other countries where our Service Providers or we are located. If you use the Services, you agree to the transfer, use, and storage of your Personal Information (as defined below) in those countries. The data protection and other laws of the United States and other countries might not be as comprehensive as those in your country. You agree that all transactions relating to the Services are deemed to occur in the United States, where our servers are located.

Transmissions via the Internet and mobile networks are never completely private or secure. Therefore, while we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its security. You understand that any messages or information you send to our Services may be read or intercepted by others. If you have any questions about the security of your Personal Information collected by SW4, please contact us at the email address shown below.

7. Access to your Information

We attempt to keep your Personal Information complete, up-to-date, and accurate. This section describes how and where to conveniently access your Personal Information, how to notify us about errors, and how to request that we delete your Personal Information.

If your Personal Information is subject to the CCPA or the GDPR, you may have certain additional rights with respect to your Personal Information, as discussed below.

  • You may use the contact information set forth at the end of this document to contact us for any inquiry or request regarding our Privacy Policy or the handling of your Personal Information.
  • You also may write to us directly if you wish to: (a) update or delete your Personal Information; (b) close your account (if any); or (c) request that we cease sending you promotional or other commercial information via mail or email. Such written requests should be sent to SW4 at the address below. We will comply with requests for the deletion of your information, subject to the provisions of Section 8 below.

However, you understand and acknowledge that we (and you) are not able to control information that you have made available to third parties through the Services.

To the extent permitted by applicable law, we ask individual users to identify themselves and the information requested to be accessed, corrected, or removed before processing such requests, and unless otherwise required by applicable law, we may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others, would be extremely impractical (for instance, requests concerning information residing on backups), or relate to information that is not associated with your Personal Information. In any case, where we provide information access and correction, we perform this service free of charge, except if doing so would require a disproportionate effort. We reserve the right to deny access to Personal Information if we are required or permitted to do so under applicable law.

8. Choice and Opt Out Preference

If, at any time, you prefer not to receive further marketing email communications from SW4, you will have the ability to unsubscribe from all marketing communications by clicking on the “unsubscribe” link in these emails, updating your preferences in your SW4 account, or writing to us at the contact information below with your request to opt out. Also, even if you opt out of marketing emails, we may continue to send you certain account-related emails, such as notices about your account and confirmations of transactions you have requested. If, at any time, you prefer not to receive any other form of communication from SW4, you will have the ability to unsubscribe from such communications by contacting us at the address below, as well as to close your SW4 account. Please note that it may take up to ten (10) business days for your opt-out request to be processed.

Nevada residents who wish to exercise their sale opt-out rights under Nevada Revised Statutes Chapter 603A may submit a request to this designated address: contact@odinews.tech.

If you wish to cancel your SW4 account, request that we no longer use your Personal Information to provide you services, or request that we delete your Personal Information as further described in Section 7 above, contact us at the contact information listed in Section 12 below.

We will retain your Personal Information for as long as your SW4 account is active, or as needed to provide you with the services you requested, or as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. However, if your Personal Information is subject to the CCPA or the GDPR, you may have certain additional rights with respect to our retention of your Personal Information, as discussed below.

We may use Service Providers or Online Tool Providers that collect information for interest-based advertising purposes (advertisements that are tailored to your likely interests, based on categories in which you have shown an interest). In some cases, we (or our Service Providers or Online Tool Providers) use cookies and other technologies discussed in Section 2 above to deliver these interest-based advertisements to you on third-party websites or applications that are not part of the Services. To learn more about these third parties and the choices they offer users, please visit the Network Advertising Initiative’s choices page or the Digital Advertising Alliance’s choices page. If you are reading this Privacy Policy from a mobile device, you can learn more about the DAA’s mobile choices program here.

9. Special Notice to California Residents

This Section 9 – Special Notice to California Residents supplements the information contained in our Privacy Policy and applies only if you reside in the State of California (you are a “California Consumer”).

In the past twelve (12) months, SW4 has collected General Identifiers, Identifiers Received from Third Parties, and Device Identifiers from California Consumers. We obtain this information directly from you (for example, from forms you complete on the Services) and indirectly from you (for example, from information that is automatically sent by your web browser or from analyzing data about your actions on our Services). We also obtain information offline from third parties, including our corporate affiliates, which we treat as Personal Information when we associate it with California Consumers that use the Services.

SW4 may use, disclose, or sell Personal Information for each of the Business Purposes described in this Privacy Policy. Unless we notify you otherwise, we will not collect additional categories of Personal Information, nor use the Personal Information we collect for any other materially different, unrelated, or incompatible purposes.

In the past twelve (12) months, SW4 has disclosed Personal Information to third parties as described in Section 4 of this Privacy Policy. We Sell (as defined by the CCPA) Personal Information, subject to your right to opt-out of those Sales, to Promoted Partners. In the past twelve months, we have Sold General Identifiers to Promoted Partners and our affiliates who are sponsors of any future events.

If you are a California Consumer, you may request certain information about our collection, use, disclosure, and Sale of your Personal Information over the past twelve (12) months, whether or not it was collected electronically. You also have the right to request that we delete any of your Personal Information that we collect or maintain; however, we reserve the right to deny your deletion request in accordance with the CCPA. We also reserve the right to verify all such requests, in accordance with the CCPA, to confirm that the information provided in connection with a request matches the Personal Information maintained by us.

California Consumers can submit requests and exercise their rights under the CCPA by contacting us as set forth in Section 12 below. If you choose to exercise a privacy right under the CCPA, you have the right not to receive discriminatory treatment. However, please be aware that it may be a functional necessity for our Services to have Personal Information about you in order to operate, and we may not be able to provide some or all of our Services features to you if you direct us to delete your Personal Information.

10. Special Notice to European Residents

This Section 10 – Special Notice to European Residents supplements the information contained in our Privacy Policy and applies only if you reside in the European Economic Area, in Switzerland, or, if applicable, in the United Kingdom (you are an “EU Consumer”). If you are an EU Consumer, then information we collect from you may be subject to Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (the “GDPR”), and the following additional information is provided for your benefit.

The controller for the Personal Information collected by the Services is:

SW4 Inc.
Memeleiland 19

Amsterdam 1014ZL

Netherlands

If you use the Services, you acknowledge that your Personal Information is being processed on the basis of your consent and our legitimate interests in engaging in the Business Purposes described in this Privacy Policy. For example, our use of your Personal Information to manage our relationship with you, to register you to attend any future events, to provide our Services to you (including troubleshooting, data analysis, and hosting of data), to enforce the terms and conditions of the Services, and to deliver relevant SW4 content and advertisements to you is necessary for our legitimate interests of running and growing our business and developing our products and services. Our use of your Personal Information to respond to law enforcement requests and as required by applicable law, court order, or governmental regulations is necessary for us to comply with a legal obligation. We rely on your consent as the lawful basis for delivering interest-based advertisements about our products and services to you on third-party websites or applications that are not part of the Services. Finally, we rely on your consent as the lawful basis for sharing your Personal Information with third-party advertising partners, as described in Sections 3 and 4 above. You have the right to withdraw this consent at any time by contacting us as described in Section 12 below.

You hereby consent to the processing of your Personal Information as described in this Privacy Policy, including the transfer, use, and storage of your Personal Information in the United States as further described below. The data protection and other laws of the United States and other countries might not be as comprehensive as those in your country. You may withdraw your consent at any time by contacting us as described in Section 12, or using the Exercise Your Rights button below, but this will not affect the lawfulness of processing based on consent before its withdrawal. However, if you withdraw your consent or decline to provide Personal Information to us, you may be unable to use functions of the Services that require your Personal Information in order to operate, such as a registration form for any future events.

EU Consumers have the right to file a complaint relating to the processing of personal data with a supervisory authority. EU Consumers also have certain additional rights with respect to their Personal Information, including the right of deletion of Personal Information, restriction of processing of Personal Information, the right to object to processing of Personal Information, and the right to data portability. To request more information about these rights or to submit a request, please contact us as at contact@odinews.tech.

EXERCISE YOUR RIGHTS

For purposes of the GDPR, we use the following companies as processors of EU Consumers’ Personal Information:

  • Google Ads – advertising
  • OneTrust – cookie management
  • WordPress – web hosting
  • Pathable – virtual meetings and events
  • Eventbrite – event registration and ticketing

11. Do Not Track

At this time, the Services does not have a mechanism to recognize or support the various “do not track” signals (“DNT”) that may be sent from your browser, in part, because no common industry standard for DNT has been adopted by industry groups, technology companies or regulators. SW4 takes privacy and meaningful choice seriously and will make efforts to continue to monitor developments around DNT browsed technology and the implementation of a standard.

12. Questions or Comments

SW4 welcomes questions and comments about this Privacy Policy and/or our use of and the processing of your personal data. Questions or comments should be directed to:

Email: contact@odinews.tech

If we are required under the GDPR to appoint a data protection officer (“DPO”), you can contact the DPO that is responsible for your country/region at contact@odinews.tech.

13. Binding Arbitration

a. Purpose.
To the extent permitted by applicable law, any and all Disputes (as defined below) involving you and SW4 will be resolved through individual arbitration. In arbitration, there is no judge or jury and there is less discovery and appellate review than in court. This Section 13 (the “Arbitration Provision”) shall be broadly interpreted. Notwithstanding anything to the contrary in this Privacy Policy, this Section 13 does not apply to an action by either party to enjoin the infringement or misuse of its intellectual property rights, including copyright, trademark, patent or trade secret rights.

b. Definitions.
The term “Dispute” means any claim or controversy related to the Services, including but not limited to any and all: (1) claims for relief and theories of liability, whether based in contract, tort, fraud, negligence, statute, regulation, ordinance, or otherwise; (2) claims that arose before this Privacy Policy or any prior agreement; (3) claims that arise after the expiration or termination of this Privacy Policy; and (4) claims that are currently the subject of purported class action litigation in which you are not a member of a certified class. As used in this Arbitration Provision, “SW4” means SW4, Inc. and any of its predecessors, successors, assigns, parents, subsidiaries and affiliated companies and each of their respective officers, directors, employees and agents, and “you” means you and any users or beneficiaries of your access to the Services.

c. Arbitration Procedures.
This Arbitration Provision shall be governed by the Federal Arbitration Act. Arbitrations shall be administered by American Arbitration Association (“AAA”)pursuant to its Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect (the “AAA Rules”) as modified by the version of this Arbitration Provision that is in effect when you notify SW4 about your Dispute. You can obtain the AAA Rules from the AAA by visiting its website (www.adr.org) or calling its toll-free number (1-800-778-7879.). If there is a conflict between this Arbitration Provision and the rest of this Privacy Policy, this Arbitration Provision shall govern. If there is a conflict between this Arbitration Provision and the AAA Rules, this Arbitration Provision shall govern. If AAA will not administer a proceeding under this Arbitration Provision as written, the parties shall agree on a substitute arbitration organization. If the parties cannot agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will administer a proceeding under this Arbitration Provision as written applying the AAA Rules. A single arbitrator chosen pursuant to the AAA Rules will resolve the Dispute. Unless you and SW4 agree otherwise, any arbitration hearing will take place Wilmington, DE. The arbitrator will honour claims of privilege recognized by law and will take reasonable steps to protect customer account information and other confidential or proprietary information. The arbitrator shall issue a reasoned written decision that explains the arbitrator’s findings and conclusions. The arbitrator’s award may be entered in any court having jurisdiction over the parties only if necessary for purposes of enforcing the arbitrator’s award. An arbitrator’s award that has been fully satisfied shall not be entered in any court.

d. Initiation of Arbitration Proceeding/Selection of Arbitrator.
The party initiating the arbitration proceeding may open a case with the AAA by providing the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration – Consumer Arbitration Rules at www.adr.org or by calling the AAA at 1-800-778-7879). You may deliver any Demand for Arbitration or other required or desired notice to SW4, Inc. by mail to 200 Bellevue Parkway, Suite 300, Wilmington, DE 19809.

e. Right to Sue in Small Claims Court.
Notwithstanding anything in this Arbitration Provision to the contrary, either you or SW4 may bring an individual action in a small claims court in Amsterdam, Netherlands if the claim is not aggregated with the claim of any other person and if the amount in controversy is properly within the jurisdiction of the small claims court.

f. Waiver of Class Actions and Collective Relief.
THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR LITIGATED ON A CLASS ACTION, JOINT OR CONSOLIDATED BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC (SUCH AS A PRIVATE ATTORNEY GENERAL) OR OTHER PERSONS. THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT INDIVIDUAL PARTY’S CLAIM. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

g. Arbitration Fees and Costs.
If your claim seeks more than $75,000 in the aggregate, the payment of the AAA fees and costs will be governed by the AAA Rules. If your claims seek less than $75,000 in the aggregate, the payment of the AAA fees and costs will be SW4’s responsibility. You may hire an attorney to represent you in arbitration. You are responsible for your attorneys’ fees and additional costs and may only recover your attorneys’ fees and costs in the arbitration to the extent that you could in court if the arbitration is decided in your favour.

h. Severability and Waiver of Jury Trial.
If any part of subsection (f) of this Arbitration Provision is found to be illegal or unenforceable, the entire Arbitration provision will be unenforceable and the Dispute will be decided by a court. WHETHER IN COURT OR IN ARBITRATION, YOU AND SW4 AGREE TO WAIVE THE RIGHT TO A TRIAL BY JURY TO THE FULLEST EXTENT ALLOWED BY LAW. If any other clause in this Arbitration Provision is found to be illegal or unenforceable, that clause will be severed from this Arbitration Provision and the remainder of this Arbitration Provision will be given full force and effect.

i. Continuation. 

This Arbitration Provision will survive the termination or expiration of this Privacy Policy or your relationship with SW4.