Updated Oct. 6, 2010
"Personal Information" is information about a person that is personally identifiable to such person like the person’s name, address, email address, or phone number, as well as other non-public information.
"Anonymous Information" or "Aggregated Information" means information that is not associated with or linked to Personally Identifiable Information. Anonymous or Aggregated Information does not permit the identification of individual persons.
The Information that We Collect. From time to time, we may ask for certain Personal Information from you so that you may participate in activities or enjoy the Services. Generally, we collect information in the following ways: when you submit information through your Registration, Profile, comments, ratings, our community; when we receive information through our Services and third party providers or advertisers; and when we receive information from Swayables submitted by you.
We will collect your name, your email address, gender and age ("Personal Information"). This information and other information you provide to us, for example information submitted through your comments or Swayables, will be collected, used, and disclosed as outlined herein. Unless otherwise indicated, information provided will not be associated with your Personal Information and if disclosed or used by us, such information shall be in anonymous or aggregate form.
Why We Collect this Information. We collect information for a variety of reasons, including administration of our Site and Services, our effort to inform you of changes in our Service, special offers, newsletters, and other products and services in which you may be interested. When you submit Personal Information to us, you understand and agree that Swayable may access, store, and use your Profile/Account and Personal Information. You consent to the transfer of your information to and within the United States or other countries for processing and storage.
Our Security Procedures and Your Privacy. Swayable takes great care in maintaining the security of your Personal Information, and preventing unauthorized access to it, through the use of commercially reasonable technology and internal procedures. Although we take great care in maintaining the security of your Personal Information, we do not guarantee that unauthorized access will never occur.
What You Can Do For Your Security and Privacy. While we have taken the measures outlined above, you can assist us by (i) creating longer, stronger passwords longer, and (ii) not posting any personal information that identifies you, others, a business or entity. Don't post anything that you may want to remove at sometime in the future. If you don't want your Swayable to be seen by the public, you can mark your Swayable as private. This privacy setting does not limit the ability for a user who has received an emailed Swayable from you, not to forward this Swayable to others, so use your own discretion. (If you do need to remove something, you may need to contact us.) For more information, see our Community Guidelines and Terms.
Notice of Sharing. We may share your Personal Information or other information under the following circumstances: (a) within Swayable, including our employees, and agents; (b) with third parties with your consent; (c) if we believe in good faith that it is required by law, legal process or court order; (d) as may be required to respond to an inquiry, request or complaint that you have made; (e) to persons or companies that we engage to carry out or provide support for the operations of its business (which may include customer support services or email service providers); or (f) if we believe in good faith that it is necessary to protect the personal safety, property, or interests of you, our users, the public, our licensors, the Services, or ourselves. We will share aggregate information and/or Anonymous Information about our users and visitors with advertisers, business partners, sponsors, and other third parties.
Advertising, Marketing, Contests and Promotions With Others. We may disclose Anonymous or Aggregate Information to advertisers, business partners, sponsors, or other third parties but we WILL NOT disclose any information that could be used to personally identify you. The Anonymous or Aggregate Information may be used to gauge the usefulness and popularity of our web pages, or certain links to or from our Site. During those times when we participate in promotions and contests in conjunction with other companies, with the intent to share Personal Information, we will indicate this on that contest or promotions registration page. Please refer to the specific promotion or contest for updates.
During the administration of our Services, Advertisers will serve ads based on interests associated with non-personally identifiable online activity, such as photos viewed, frequency of uploading or activity on other advertising partner sites. Advertisers may also serve ads to you based on previous activity on that advertiser's website. This non-personally identifiable information is held separately from your personal Account data, or other Personal Information in our possession.
Links to Privacy Policies of Third Party Providers, Advertisers and Affiliates. You should consult the respective privacy policies of third-party providers, ad servers or ad networks for more information on their practices and for instructions on how to opt-out of certain practices if you desire to do so. Our advertising partners include Google AdSense, http://www.google.com/privacy_ads.html; Viglnk, http://www.viglink.com/corp/privacy; Kontera http://www.kontera.com/em-privacy-policy; and AddThis (link). We also use MailChimp http://www.mailchimp.com/terms-policies/privacy-policy/ and Amazon's Mechanical Turk, https://requester.mturk.com/mturk/privacynotice.
Third Party Cookies, GIF Files and Beacons. Swayable and our third party advertisers and affiliates may use pixels, or transparent GIF files, to help manage online advertising. These GIF files may be provided by our ad management partner and enable it to recognize a unique Cookie on your web browser, which in turn enables us to learn which advertisements bring users to our Site. The Cookie was placed by us, or by another advertiser who works with our ad management partner. With both Cookies and spotlight technology, the information that we collect and share is Anonymous Information, which may be shared in aggregate form, and it is not Personal Information and therefore does not contain such information as your name and email address.
Opt Outs. You may choose to opt out of receiving cookies through your browser settings. You can opt out of other network advertising and third party ad servers’ cookies either directly with the site or through the Network Advertising Initiative opt-out page. If you have concerns about cookies, beacons or GIF Files, or need assistance on how to enable the cookies on your system, please contact us at support(@)Swayable.com.
Information Provided to Customer Service. Swayable or its designated third party customer service provider may offer support and technical assistance via telephone or email. Whenever you communicate with customer service, you understand: (i) that a customer service representative may view and make changes to your Personal Information in order to provide the assistance that you need; and (ii) that a customer service representative may reply to you via email or phone.
Legal Disclosures. We may disclose information we have collected from and about you (including Personal Information) if we believe in good faith that such disclosure is necessary to (a) comply with relevant laws or to respond to subpoenas or warrants served on us; or (b) to protect and defend the rights or property of us, the users of our Services, or third parties. As a registered user of Swayable, you consent to allow Swayable to contact you to provide you with information concerning your Account, your transactions with us, and your use of our Services. Email contact, for example, may include information regarding your Account, or vote counts for Swayables. If you have indicated that you would like to be contacted regarding other services and promotions, we may also contact you with commercial information about products, services, promotions, contests, or other activities or offerings that may be of interest to you. Additionally, with each commercial communication you receive from us, you will be given the opportunity to indicate that you wish to "Unsubscribe" from receiving such future communications.
Reviewing and Changing Your Personal Information. If you want to make changes, amendments and/or deletions to your Personal Information with Swayable, you can access and update your information by clicking onto your Account. Please note that we may be prohibited from deleting certain Personal Information due to an applicable court order, statute, law or regulation. When we delete information that we have collected from or about you,it will be deleted from our active databases but may remain in our archives. However, we reserve the right to continue to use your Swayable and Submissions into perpetuity.
Age, Minors, and COPPA. Our Site is directed at those who are over the age of 18. If someone is under the age of 18, they should only use this Site with the supervision of a parent or legal guardian. We do not knowingly collect or maintain Personal Information from individuals who are under 13 years of age, and no part of our Site or Services are designed to attract people under the age of 13. Protecting the privacy of children is very important to us. If we obtain knowledge that a user is under the age of 13, we will take steps to remove that user's Personal Information from our databases.
CAN-SPAM Compliance. If you have registered with Swayable.com, you consent to allow us to contact you to provide you with information concerning your Account, your transactions with us, and your use of our Services. Email contact, for example, may include information regarding your Swayables. If you have indicated that you would like to be contacted regarding other services and promotions, we may also contact you with commercial information about products, services, promotions, or other activities or offerings that may be of interest to you. Additionally, with each commercial communication you receive from us, you will be given the opportunity to indicate that you wish to "Unsubscribe" from receiving such future communications. By requesting that we send a Swayable to a Friend, you understand that you are required to send an authentic email address that is being used solely for the purpose of providing information about the Swayable and Swayable.com to your known friend, who would not object to receiving this email.
Notice to California Residents – Your California Privacy Rights (As Provided by California Civil Code section 1798.83). A California resident who has provided personal information to a business with whom he/she has established a business relationship for personal, family, or household purposes (a "California Customer") may request information about whether the business has disclosed personal information to any third parties for the third parties’ direct marketing purposes. In general, if the business has made such a disclosure of personal information, upon receipt of a request by a California Customer, the business is required to provide a list of all third parties to whom personal information was disclosed in the preceding calendar year, as well as a list of the categories of personal information that were disclosed. California Customers may request further information about our compliance with this law by e-mailing privacy(@)Swayable.com Please note that we are required to respond to one request per California Customer each year, and we are not required to respond to requests made by means other than through this email address.
Copyright 2010 Swayable™ All Rights Reserved.