Swink, Inc. - Privacy Policy

Effective Date: September [23], 2011
  1. Introduction

    Welcome to the Swink, Inc. (“Swink,” “we,” or “us”) Privacy Policy (this “Privacy Policy”). This Privacy Policy describes how a User’s personal information (such as first and last name, email address, postal address and phone number) (“Personal Information”) provided or collected on or through the Service will be collected and used and how you can control the collection, correction or deletion of such information. All capitalized terms used but not defined in this Privacy Policy have the meanings given to them in the Swink Terms of Use Agreement.

  2. What Types of Information Swink Collects

    When you use the Swink Service, Swink will collect certain information. The types of information we will collect are:

    • (a) Certain registration information you provide including but not limited to your first and last name, email address, username and password;
    • (b) Transaction information you provide when you request information or purchase a product or service from us or through the Service, including but not limited to your postal address, telephone number and payment information;
    • (c) Information you provide in public forums (such as any message boards, blogs, social community environments, profile pages, and other forums that do not have a restricted audience (“Public Forums”)) on or through the Service;
    • (d) Information sent to another User or group of Users using our message, chat, post or similar functionality, where we are permitted by law to collect this information;
    • (e) Email or other communications sent to Swink including, but not limited to, your email address, the content of your email messages and any responses; and
    • (f) Certain location information provided when you use or visit any part of the Service, including location information associated with your Internet Protocol (“IP”) address, where we are permitted by law to process this information.

    Swink also acquires information from other trusted sources to update or supplement the information you have provided or we have collected automatically. Swink may combine your Personal Information with information collected from these sources in order to improve your interaction and experience with the Service. In certain instances, you may have the right to authorize or deny a third party’s ability to share your information with us before we can acquire it as well as opt out of such information bundling. The Service allows you to connect to third-party services, such as, Facebook. Please keep in mind that when you provide information to us through a third-party, the information you provide may be separately collected by the third-party. All information collected by Swink is covered by this Privacy Policy and any information a third-party may collect is subject to the third-party’s privacy practices.

  3. How Swink Uses Your Information

    Cookies. When you use the Service, one or more cookies may be sent to your computer that identify your web browser and allow us to help you log in to the Service automatically. A cookie does not collect Personal Information about you. Cookies can be removed by following your web browser’s directions and you can reset your web browser to refuse all cookies or to indicate when a cookie is being sent; however, some features of the Service may not function properly if the ability to accept cookies is disabled. Please see your web browser instructions for further information, including how to disable cookies. Log information. When you access the Service certain information (such as your web request, IP address, browser type, browser language, URLs, domain names, pages viewed, keywords, the date and time of your request and other similar information) is automatically reported by your browser. The servers we use automatically record the information that your web browser sends whenever you visit a web page (except that no data is sent when on a secure website (https)). This data is collected and aggregated making any Personal Information anonymous. This data is used to improve the Service for the User and help resolve any problems with our software. In addition, we use cookies, bookmarks and log file information to:

    • (a) communicate with you about your account or transactions with us and send you information about features on our sites and applications or changes to our policies;
    • (b) save and automatically recall certain information when you use or visit the Service;
    • (c) maintain, protect, improve and provide custom, personalized content and information as well as any requested products or services;
    • (d) monitor the effectiveness of the Service and our performance, including certain aggregate metrics such as total number of visitors and traffic;
    • (e) diagnose or fix technology problems reported by our Users;
    • (f) detect, investigate and prevent activities that may be illegal or violate our policies; and
    • (g) protect Swink rights or property or the rights or property of Swink users.

    Swink will seek your consent to use any information we collect in a manner other than the purpose for which it was collected as disclosed in this Privacy Policy. If you remove your User Content, copies may remain viewable in cached and archived pages or if other Users have copied or stored your User Content. Swink may monitor any posted User Content and remove any information or material for any reason or no reason or upon the request of any third party, including without limitation, if Swink deems such information or material a potential or actual violation of any applicable law or our Terms of Use Agreement. By providing your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail, except as otherwise required by applicable law. Swink may use your email address to communicate with you about our Service. We may also use your email address to send you other messages, such as updates, notices or changes to features of the Service. If you do not want to receive such email messages, you may opt out by following instructions in the email itself or on the Service. Opting out may prevent you from receiving email messages regarding updates or improvements. When you provide another person’s email address to invite that person to use Swink or to find a contact on Swink, we may use that person’s email address solely for your intended purpose and will not otherwise save or use that person’s email address.

  4. How Swink Shares Your Information

    Except as otherwise described in this Privacy Policy, we will only share your Personal Information in limited circumstances, including:

    • (a) Using certain information about you and your User Content as an anonymous individual to third parties for the purposes of routine operations such as analyzing use of the Service, diagnosing technical problems, maintaining security and personalizing content.
    • (b) Upon your election or direction to share your Personal Information with a third party for offers or promotions for third party products or services or for services such as social networking sites. When such information is shared with a third party, the information received by that third party becomes subject to the third party’s privacy practices.
    • (c) When certain trusted third parties perform functions or provide services (i) on our behalf, such as package delivery and customer service, or (ii) to us, such as processing Personal Information, data hosting, storage and maintenance. We will share your Personal Information with these third parties only to the extent necessary to perform these functions and provide such services and these third parties are prohibited from using your Personal Information for purposes other than those requested by us or required by law. We require all such third parties maintain the privacy and security of your data and handle such information in compliance with this Privacy Policy.
    • (d) When we share Personal Information with third parties in connection with a sale of the business or part of the business (including a merger, acquisition or divestiture, dissolution or any other form of a sale of some or all of Swink’s assets). Swink will do its best to protect the confidentiality of any Personal Information transferred in connection with such a transaction and we will provide notice before any such Personal Information becomes subject to a privacy policy different than this Privacy Policy.
    • (e) When we share Personal Information (i) to enforce our Terms of Use or rules, including investigation of potential violations thereof, (ii) take precautions against liability or to investigate and defend ourselves against any third-party claims or allegations, (iii) to protect the security or integrity of our site or the safety and security of our Users and other third parties, (iv) to exercise or protect our rights and property or the rights and property of our Users and third parties, (v) to conform to the law or comply with legal process or in other cases if we believe in good faith that disclosure is required by law, (vi) to investigate, prevent, or take action regarding suspected or actual illegal activities, or (vii) to assist government enforcement agencies.

    Swink will not rent or sell your Personally Information to others and will not share it with others except as provided herein. We note that the Service may include links to third party sites not owned or controlled by Swink. These third party sites may use cookies or other methods to collect certain data or Personal Information from you. Swink’s Privacy Policy does not apply to, and we cannot control the activities of, such third party services, information or content and we are not responsible for such third parties’ actions or policies. We encourage you to be aware when you leave the Swink Service and to read the privacy policies of other sites that may collect your Personal Information.

  5. How You Can Control Your Information

    Swink provides certain options to control the collection, use and sharing of your information such as:

    • (a) reviewing, updating, correcting or deleting your Personal Information on file with us, including your registration or account information;
    • (b) changing your subscriptions, updates or alerts options, including any offers or promotions for products or services; and
    • (c) requesting access to the Personal Information we hold about you and that we amend or delete it or request third parties with whom we have shared the information do the same.

    These options may be exercised (or information reviewed) by contacting us at [privacy@Swink.tv] or following the instructions on the Service or provided in our notices or correspondence provided to you. Please be aware that, if you do not allow us to collect Personal Information from you, we may not be able to deliver certain products or services to you, and parts of the Services may not be available to you. If you have questions regarding the specific Personal Information about you that we process or retain, please contact us at [privacy@Swink.tv]. If User Content posted on the Service contain your Personal Information including without limitation your image, name, address or other forms of identifiable information, without your consent, please contact us at the information below. If you are a California resident, California Civil Code Section 83 permits you to request information regarding the disclosure of your Personal Information to third parties for the third parties’ direct marketing purposes. Please send all such requests to:

    Privacy Policy
    Swink, Inc.
    1000 North Point Street, #707
    San Francisco, CA 94109
    Email to [privacy@Swink.tv]
    Please be aware that the collection, use, and sharing of information contemplated in this Privacy Policy may involve a transfer of such information to the United States and possibly other jurisdictions that may not have laws and rules regarding Personal Information similar to your current jurisdiction.

  6. Children’s Privacy

    The Service is not intended for use by children under the age of thirteen (13) and we do not knowingly solicit or collect Personal Information from anyone under the age of thirteen (13) or knowingly allow such persons to register. No one under thirteen (13) is allowed to provide any Personal Information to Swink or to post any such information to or through the Service. If you are under the age of thirteen (13), do not send any information about yourself to us (such as your name, address, telephone number, or email address). If it comes to our attention that we have collected Personal Information from a child under the age of thirteen (13) without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have received or unknowingly collected any information from or about a child under the age of thirteen (13), please contact us at [privacy@Swink.tv].

  7. Data Security, Integrity and Processing

    Swink uses commercially reasonable physical and technical safeguards to preserve the integrity and security of your Personal Information the security of our systems. However, please be aware that, despite our best efforts, no security measures are perfect and we cannot ensure, warrant or guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical or technical safeguards and any information you transmit to Swink is transmitted at your own risk. From time to time, Swink will review the security procedures in place to consider appropriate new options. In addition, for your privacy and security protection, we offer security measures (such as private passwords) to verify your identity before granting you access to your account. You are responsible for maintaining the secrecy of your password and account information, and for controlling access to your email communications from Swink, at all times. Swink operates in multiple jurisdictions and may transfer your Personal Information to trusted third parties outside of the United States for the purposes described in this Privacy Policy. We will take reasonable steps to safeguard your Personal Information wherever we transfer, store or process it.

  8. Changes to this Privacy Policy

    Swink may make changes to this Privacy Policy from time to time. If we change our Privacy Policy, all such changes will be posted on our website for your reference. Changes to this Privacy Policy are effective when they are posted on this page. It is our policy to provide notifications to you via email, hard copy notice, or through posting of such notice on our Service. Such method of notice will be determined in our sole discretion unless otherwise required by law; however, you may opt out of certain means of notification as described in this Privacy Policy.

  9. General

    If you have any questions about this Privacy Policy, our practices or other questions relating to this website, please contact us at:

    Privacy Policy
    Swink, Inc.
    1000 North Point Street, #707
    San Francisco, CA 94109
    Email to [privacy@Swink.tv]