Last Revised: 11/2/2021
I. IntroductionSwayDM (“sway.dm,” “we,” “our,” or “us”) is committed to protecting the personal information that we may collect in the course of operating our business.
This Privacy Notice (“Notice”) describes how we collect, use, share, and disclose information about you in the course of operating our business, particularly with respect to our marketing and business development practices and the operation of our website, sway.dm (the “Site”).
This Notice applies to personal information collected through the Site and does not apply to any other data or information collected by us online or offline.
This Notice is part of our Terms of Service, and any other applicable agreements or policies that govern your use of our Services. A link to our Terms of Service is also provided at the bottom of each page within our Site and can also be found here.
This Notice also incorporates our Cookie Notice, which is accessible at the bottom of each page within our Site and can also be found here.
If you have any questions or concerns about this Notice, please contact us at firstname.lastname@example.org.
II. The Types of Information We Collect“Personal information” is defined by local law. Generally speaking, this may include information that identifies, relates to, describes, or can reasonably be linked, directly or indirectly, to a specific natural person. Depending on local law, certain information may be excluded from the definition of “personal information,” including anonymous, de-identified, or aggregated information.
a. Information You Provide to UsThe amount and type of personal information we collect about you depends on your interactions with us. For example:
- If you create an account on, login to, or interact with the Site, we may collect your name, email address, username (alias), date of birth, and any other information that you provide to us.
- If you make a purchase through the Site, we may collect the information that you provide to us in doing so, including your name, email address, username (alias), and any details that you provide to us.
- If you respond to surveys that we offer through the Site, we may collect information that you provide.
- If you participate in any contests or promotional activities that we offer through the Site, we may collect information that you provide when signing up.
- If you contact our customer support, we may collect the information that you provide to us.
- If you provide content to the Site, we may collect the information to that you provide to us.
- If you connect your social media platforms to the Site, we may collect the information that you provide to us, including your usernames or those of your connections.
- If you become a Payer on the Site, we may collect the information that you provide to us, including your name, email address, username (alias), and any other details that you provide to us.
- Identifiers, such as your first and last name, email address, username (alias), date of birth and profile picture, and your social media handles.
- Demographic Information, such as your age and gender.
- Geolocation Information, such as your country, city, state, and/or time zone.
- Preferences, such as how frequently you wish to receive communications from us.
- Other information you choose to provide
b. Information We May Automatically CollectIn addition to the information that you voluntarily provide to us, we may automatically collect information that your web browser provides to us. For example, when you visit the Site, we may collect the date and time of your visit, links that you clicked on, your IP address, and device and connection information.
The categories of personal information that we may automatically collect include:
- Identifiers, including information that identifies you or the device you used to interact with our Services, including your IP address. We may also automatically collect information on your social media handles and other online aliases.
- Device information, such as the type of device you used to interact with our Services, the device’s operating system, and your browser.
- Internet or other similar network activity, such as browsing history within the Site, transaction history within the Site, browser type, and session length.
- Geolocation Information, such as your country, city, state, and/or time zone.
c. Information From Other SourcesWe do not currently collect information about you from third parties, including personal information.
III. How We Use the Information We CollectWe may use collected personal information to:
- provide you with the Services that you request;
- maintain your account, assist with payment transactions, facilitate use of the Site, and communicate with you about your account, our relationship with you, and your use of the Site;
- respond to your questions, comments, and requests made through our Site;
- update our mailing lists;
- invite you to participate in surveys and provide feedback to us (unless you have chosen not to receive these communications);
- send you marketing materials that we believe might match your interests;
- improve our Site;
- track user engagement, retention, and other analytics, including building and maintaining a social graph of how our users are connected;
- retarget ads on social media accounts;
- optimize our exposure and availability on search engines;
- prevent fraudulent use of our Site or our systems;
- enforce our Terms of Service or comply with laws;
- maintain a record of how you use our Site or Services;
- for administrative purposes;
- and for any other purposes that we may disclose to you when we request personal information and your consent to use it.
We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.
IV. How We May Share the Information We CollectWe do not sell, trade, or rent your personal information to others. There may be times when we need to share your personal information with third parties to provide you Services, for the proper functioning of Site features, to comply with the law, and for other lawful bases consistent with locally controlling laws and regulations. The occasions when we will share your personal information because of these reasons include the following.
- In the Course of Providing the Services – we may disclose your information, including for the purpose of transmitting a message to another User at your direction.
- Our affiliates – we may share information between our offices and with our affiliated entities for any of the purposes listed above.
- Our service providers – we use third parties to assist us with providing certain Services (e.g., payment processing, data storage and processing, web hosting, email delivery, Service logs, and marketing campaigns) and we may share your personal information with these third-party service providers to help us to serve you. We limit the amount and types of personal information we share with service providers to what they need to reasonably perform their functions.
- Legal Protection – we may disclose personal information if we believe we must to comply with a law, or if disclosure is in our interest to protect property or other legal rights. This may include disclosing personal information to enforce contracts and agreements, to protect the rights or property of others, or to help protect the security of our Service and the information of other users.
- Integrated Services – our Site and other Services that we provide to you, may allow you to integrate accounts with a third party service (e.g., Twitter, Facebook, Instagram, etc.). When you elect to integrate your accounts, you are electing to share your personal information with the third party for this purpose. Any personal information disclosed to a third party providing an integrated service is outside of our control and is subject to that third party’s own terms and policies.
- Others with your consent or at your direction.
- Demographic information
- Device information
- Internet or other similar network activity
- Geolocation information
- Service providers
V. Data AnalyticsWe may share aggregate, non-personally identifiable location information with third parties to assist in understanding our user’s interests and usage of our Site or Services.
We use Google Analytics to help us understand how you use our Site and any Services that we provide to you. Google Analytics collects data about your traffic via Google advertising cookies and anonymous identifiers, as well as data collected through standard Google Analytics implementation. We strive to adhere to Google Analytics Advertising policies.
We may also use analytics to create de-identified, aggregate personas of different user types based on combinations of data elements to help us think through who we are serving and how best to do so. For example, we may analyze data points such as demographic information (e.g., geographic, gender, and/or age) + behavior (e.g., engagement, retention, onboarding dates, etc.) + social media status (size and general demographic categories of following) + other information to create the personas.
We reserve the right to test, turn-on, or turn-off any of the Google Analytics features from time-to-time without notice to you. By utilizing certain Google Analytics Advertising features, we are required to disclose the following information:
We use the following Google Analytics Advertising Features: Google Analytics.
The Site and other third-party vendors may use first-party cookies (such as the Google® Analytics cookie) or other first-party identifiers, and third-party cookies (such as the DoubleClick cookie) or other third-party identifiers together. Visitors to the Site can opt-out of the Google® Analytics Advertising Features used, including through Ads Settings, Ad Settings for mobile apps, or any other available means (for example, the NAI's consumer opt-out).
You may revoke your consent to the use of web analysis at any time, either by downloading and installing the provided Google Browser Pluginor by following your internet browser’s instructions to enable, disable, or clear cookies.
Google offers an opt-out mechanism for the web available here.
VI. How Long We Keep Your InformationWe store the information we collect about you for as long as is necessary for the purpose(s) for which we collected it and in accordance with applicable law and legitimate business interests.
When assessing the data retention period, we take into account the amount, nature, and sensitivity of the information, the potential risk of harm from unauthorized use or disclosure of the information, the purposes for which we process the data and whether we can achieve those purposes through other means, and the applicable legal requirements. .
VII. How We Keep Your Information SafeWe utilize commercially reasonable administrative, technical, and physical safeguards to comply with applicable legal requirements and safeguard the information that we collect and maintain.
Unfortunately, no data transmission or storage can be guaranteed to be completely secure. As a result, while we strive to protect your personal information, you acknowledge that: (a) we cannot control security and privacy indefinitely; (b) the security, integrity, and privacy of information or data exchanged between you and us cannot always be guaranteed; and (c) any such information and data may be viewed or compromised when in transit by a third party.
VIII. Your Privacy RightsYou can always opt not to disclose information to us, but keep in mind some information may be needed to take advantage of our Services.
- Marketing Communications. If you receive marketing or advertising emails from us, you may unsubscribe at any time by following the directions in each message to “unsubscribe.” If you receive any other marketing communications from us (e.g., via postal mail), you may opt-out of receiving future communications from us by contacting us using the contact information at the end of this Policy.
Please note that if you choose to opt-out of receiving promotional communications, it may take us up to 14 days to complete your request and you may receive promotional communications during that period. Even if you elect to opt-out of promotional communications, we will still send administrative communications required for us to deliver any Services that you requested.
IX. Additional Privacy Rights for California ResidentsUnder the California Consumer Privacy Act (“CCPA”), California residents have certain rights regarding the personal information that businesses have about them.
If you are a California resident, you have the right to:
- request and receive disclosure of our personal information collection practices during the prior 12 months, including the categories of personal information we collect, the categories of sources of such information, our business purpose for collecting or sharing such information, and the categories of third parties with whom we share such information;
- request and receive a copy of the personal information we have collected about them during the prior 12 months;
- request and receive disclosure of our information sharing practices during the prior 12 months, including a list of the categories of personal information sold with the category of third party recipients and a list of the categories of personal information that we disclosed for a business purpose;
- request that we not sell personal information about them; and
- request that we delete (and direct our service providers to delete) their personal information subject to certain exceptions.
California's "Shine the Light" law (Civil Code Section § 1798.83) permits users of our Site that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please contact us.
In addition, an operator of a commercial website subject to California Business and Professions Code Section 22581 must allow California residents under age 18 who are registered users of online Site, Services or applications to request and obtain removal of content or information they have publicly posted. If this applies to you and you wish to make such a request, your request should include a detailed description of the specific content or information to be removed. Please be aware that your request does not guarantee complete or comprehensive removal of content or information posted online and that the law may not permit or require removal in certain circumstances.
a. Exercising Your Privacy RightsIf you are a California resident, you may exercise these privacy rights by:
- Calling as at: (888) 679-2936
- Emailing us at: email@example.com
California residents may make a verified request twice within a 12-month period.
A verified, or authenticated, request must:
- Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative. This may include verifying information you, or your authorized representative, provide to us against information that we currently have.
- Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
b. Our Response and TimingWe cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.
We will only use personal information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.
We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time, we will inform you of the reason and extension period in writing.
If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.
Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request's receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.
We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
c. Non-DiscriminationWe will not discriminate against you as a result of your exercise of any of these rights.
X. Do Not Track DisclosuresWe follow the standards explained in this Privacy Notice and do not interact with or implement “Do Not Track” requests or web browser settings.
XI. ChildrenOur Site is not directed at children under the age of 13, and we do not knowingly collect personal information from children under the age of 13 without obtaining parental consent. It is our procedure to promptly delete any personal information collected from a child under the age of 13 upon discovery of such a circumstance. If you believe that we may have collected personal information from a child under the age of 13, please contact us using the contact information at the end of this Policy and we will take appropriate steps to rectify this inadvertent collection.
XII. International Data TransfersWe may transfer personal information between the European Economic Area (“EEA”) and the United States, including personal information we receive from individuals residing in the EEA who visit our Site and/or who use our Services.
We may transfer personal information to jurisdictions as necessary for the purposes described above. In particular, our Site is hosted on servers located in the United States. To the extent permitted by law, such submission also constitutes your consent for the cross-border transfer.
With respect to transfers from the EEA to the United States and other non-EEA jurisdictions, we implement standard contractual clauses as approved by the European Commission, and other appropriate solutions to address cross-border transfers as required or permitted by Articles 46 and 49 of the General Data Protection Regulation, or other applicable and controlling law.
Where required by such laws, you may request a copy of the suitable mechanisms we have in place by contacting us.
XIII. European Data SubjectsSwayDM is a messaging tool that allows users to connect, and maintain engagement, with followers while earning money while doing so. Although our Site may be accessible in some locations outside of the United States, it is not our intention to offer Services to individuals located outside of the United States via the Site. Any information we collect via the Site will be stored and processed in the United States and if you are located outside of the United States, the laws of the United States may offer less protection that the laws of your place of residence. We will collect and maintain any personal information only as long as we need it for the purposes outlined in this Privacy Notice. By providing your Personal Information to us through your use of the Services or Site, you agree to our transfer, storage, and processing procedures based in the United States. Please note that different regions and countries can have their own privacy and data security laws; some of which may be less protective of your Personal Information than the laws of your own region or country. In the event that we collect or process Personal Information subject to the GDPR, we will comply with the requests of European data subject requests to: (1) access Personal Information, (2) have inaccurate or unnecessary Personal Information rectified or deleted, or (3) stop using your Personal Information in a certain way. If your use of our Services or Site is subject to GDPR you would also have a right to lodge a complaint with your local EU regulator. Likewise, in the event we collect or process Personal Information subject to the laws of another jurisdiction, we will comply with the laws of that jurisdiction to the best of our knowledge and understanding.
XIV. Changes To This Privacy NoticeWe reserve the right to amend this privacy notice at our discretion and at any time. When we make changes to this privacy notice, we will post the updated notice on the Site and update the notice's effective date. However, we will not treat your previously collected personal information, to the extent it is not collected under the new privacy notice, in a manner materially different than represented at the time it was collected without your consent. Your continued use of our Site following the posting of changes constitutes your acceptance of such changes.
XV. How to Contact UsIf you have any questions about this Privacy Notice, please contact us at: firstname.lastname@example.org