1. APPLICABILITY AND SCOPE
2. COLLECTION OF PERSONAL INFORMATION
The information we collect falls into three main categories: (1) information You voluntarily provide us; (2) information we collect from You automatically; and (3) information we collect from other sources.
(a) Information You voluntarily Provide Us
Some information we collect is provided voluntarily by You when You use our Services, including:
For the purposes of verification of Your identity when You create an account, You specifically acknowledge that Swagger will be providing Your personal information to a third party provider for the verification of Your age, residency and background for the purposes of providing You an Account with Swagger.
Please be aware that if You choose not to provide certain personal information, You may not be able to use certain features of the Services, and/or You may not be able to receive services from Swagger
(b) Information We Collect Automatically
Some information is collected automatically by us or by service providers performing business functions on our behalf, including when You access our websites, download and use our mobile applications, open emails we send, or otherwise interact with our Services.
We may collect on our websites, or via our mobile applications, associated rewards or promotions, and the frequency of Your visits.
We may collect information about Your browser or device. This information may include the type of device You are using, Your operating system, Your ISP, Your domain name, Your IP address, Your browser type, Your device and mobile ad identifiers (e.g., Apple IDFA or Android AAID), the referring website, the web pages of our website that You view (including the date and time You viewed them), and the subject of the ads You click or scroll over. To collect this information, we may use log files that record events in connection with Your use of our services, as well as cookies and similar technologies.
(c) Information We Collect From Other Sources
When you interact with our Services or accounts on a social media platform, we may collect the personal information that you or the platform make available to us on that page or account, including your social media account ID and/or user name associated with that social media service, your profile picture, email address, friends list or information about the people and groups you are connected to and how you interact with them, and any information you have made public in connection with that social media service.
Some information we collect is from other unaffiliated sources, including in some cases information that is publicly available or that is provided by or purchased from marketing business partners.
3. USE OF PERSONAL INFORMATION
With Your consent, we use Your personal information for business and commercial purposes, including to provide you our Services, for monitoring and improving our internal operations, communicating with You for marketing and promotional purposes, and for account management. We also use Your personal information to ensure that we:
Internal Improvements and Analytics – We also use the personal information we collect to monitor and improve our internal operations, as well as to improve the experience of users within our network of Services. For example, we may correlate web site/app traffic information with data about site visitors to understand aggregate usage patterns, graph trends, and derive analytical information about the performance of our Services. This data helps us to determine how much our customers use parts of the Services, allowing us to enhance it to fit the needs of as many of our customers as possible. We may also break down overall usage statistics according to customers' domain names, browser types, and MIME types by reading this information from the browser string (information contained in every user's browser).
Swagger Direct Communications – By creating an account, You consent to receive communications from Swagger through various methods (i.e. e-mail, telephone, text message, etc.). Standard data/text message charges may apply. You may opt-out of receiving communications from us simply by notifying us as described in the “Contacting Swagger” section below, or in accordance with the opt-out instructions contained in any information message You receive from us.
4. OBTAINING CONSENT
In order to continue providing You with products and services, it is necessary for Swagger to have Your consent to provide Your personal information to:
Swagger further requires Your consent to transfer any and all of Your personal information to third parties for any reason whatsoever in the event Your account is in arrears for any amount in excess of 30 days.
5. WITHDRAWAL OF CONSENT
You may withdraw Your consent at any time, subject to legal or contractual restrictions and reasonable notice. To withdraw Your consent, simply contact us as described in the “Contacting Swagger” section below, and advise which of Your personal information You no longer wish us to collect, use and or disclose.
We will then inform You of the implications of withdrawing consent to collect, use and or disclose that personal information, including without limitation the fact that once such consent is withdrawn You may not be able to use certain features of the Services, and or You may not be able to receive products and services from Swagger. Should You nonetheless still desire that consent be withdrawn, Swagger will accede to Your request.
6. MAINTENANCE AND DISPOSAL OF PERSONAL INFORMATION
The information You have provided us is maintained in our management information system and billing systems, and is updated as new information is added. Accounting and billing records are retained for ten years for tax and accounting purposes or until the relevant income tax years for which the document was created have been closed for income tax purposes and or all appeals have been exhausted.
Records may remain on file even after You have terminated Your Account. Subject to applicable law, we may also keep records to facilitate collection and to evaluate creditworthiness, to resolve disputes, and to enforce our agreements.
7. DISCLOSURE OF PERSONAL INFORMATION
(a) Among Swagger affiliates and subsidiaries, for the purposes of management and analysis, decision making, and other business purposes, including processing orders and requests, administering our loyalty programs, and promoting our product and service offerings, including through tailored marketing communications. We also do so to help You have a unified experience when interacting across Swagger’s websites, mobile applications, Services, and physical locations.
(b) Among our service providers and vendors who provide us with support services, such as credit card processing, age verification, website hosting, email and postal delivery, analytics services, conducting surveys and research, and performing network maintenance. We strive to contractually prohibit these service providers from retaining, using, or disclosing Your confidential personal information for any purpose other than performing agreed upon services for us.
(c) As part of business transactions, if we become involved with a merger, corporate transaction, or another situation involving the transfer of all of our business assets. In such cases, we may share Your information with business entities or people involved in the negotiation or transfer.
(d) As required by law or valid legal process, court orders, subpoenas, search warrants, or similar requests, if we believe that the disclosure is necessary to enforce our agreements or policies, or if we believe that the disclosure will help us protect the rights, property, or safety of Swagger or our customers or partners.
(e) Among our marketing partners, so that they may assess, develop, and provide You with promotions and special offers that may interest You, administer contests, sweepstakes and events, and for other promotional purposes.
(f) When You post on our digital properties or Services, the information that You post may be seen by other visitors to our websites or mobile applications, including Your user name.
(g) When the information does not identify You, such as when the information has been aggregated or de-identified and does not directly identify You but may be useful for statistical analysis or other business purposes.
(h) When You give Your consent, we may share information about You with other companies if You give us permission or direct us to share the information.
8. COOKIES AND SIMILAR TECHNOLOGIES
We and others may use a variety of technologies to collect information about Your device and use of our websites and mobile applications. These technologies include first- and third-party cookies (small data files that are sent from a website’s server and are stored on Your device’s hard drive either for only the duration of Your visit ("session cookies") or for a fixed period ("persistent cookies")), mobile application software development kits (“SDKs”), web beacons, java scripts, and HTML local storage. We use these technologies to personalize Your experience with our Services and to participate in digital advertising.
Most web browsers can be programmed to accept or reject the use of some or all of these technologies, although You must take additional steps to disable or control other technologies.
Each browser is different, but many browsers have preferences or options that may be adjusted to allow You to either accept or reject cookies and certain other technologies before they are set or installed, or allow You to remove or reject the use or installation of certain technologies altogether. If You want to learn the correct way to modify Your browser settings, please use the Help menu in Your browser or review the instructions provided by the following browsers: Internet Explorer, Google Chrome, Mozilla Firefox, Safari Desktop, Safari Mobile; and Android browser.
9. YOUR CHOICES
You have control over Your promotional communications preferences, mobile application functionality, cookie settings, interest-based advertising preferences, and more. We respect Your privacy rights and encourage You to communicate with us if You have questions.
Promotional Communication Choices – You can opt out of receiving promotional emails and mailings by contacting us as described in the “Contacting Swagger” section below. You may also unsubscribe by following the “unsubscribe” instructions in the promotional emails we send You.
Similarly, You may opt in to receive text messages, telephone calls and mailings. Please note that if You opt out of receiving promotional communications from us, we may still send You transactional communications, including emails about Your Swagger accounts or purchases.
Cookie Settings – For information on how to control Your browser cookie settings, see the “Cookies and Similar Technologies” section above.
For more information on how to opt-out of tracking technology from Google Analytics, click here..
Interest-Based Ads – Many advertising companies that collect information for interest-based advertising are members of the Digital Advertising Alliance (DAA) or the Network Advertising Initiative (NAI), both of which maintain websites where people can opt out of interest-based advertising from their members. To opt-out of website interest-based advertising provided by each organization’s respective participating companies, visit the DAA’s opt-out portal available at http://optout.aboutads.info/ , the DAA of Canada’s opt-out portal available at https://Youradchoices.ca/en/tools , or visit the NAI’s opt-out portal available at http://optout.networkadvertising.org/?c="1.
To opt-out of data collection for interest-based advertising across mobile applications by participating companies, download the DAA’s AppChoices mobile application opt-out offering here: https://Youradchoices.com/appchoices.
Mobile Functionality – Where applicable, mobile application functionalities such as push notifications, access to contacts, and location services all may be adjusted or disabled within Your mobile device settings.
11. PUBLIC FORUMS
Please be aware that any information (personal or otherwise) that is disclosed online in a message board or chat room makes that information public information. You should exercise caution when deciding to disclose Your personal information online. Swagger is not responsible for personally identifiable information posted on such message boards or chat rooms.
12. SECURITY AND LEGAL PROCESS
Swagger has adopted and implemented and will maintain reasonable and technologically feasible procedures for maintaining the security, accuracy and integrity of all personal information that is collected by our Services in order to attempt to protect against the loss, misuse and alteration of the personal information under our control.
Please be advised, however, that the Internet and other various networking communication mediums are never one hundred percent secure and may be subject to interception or loss which is beyond the control of Swagger. Also be advised that the security, integrity and privacy of any and all information and data exchanged between You and Swagger through the Services cannot be guaranteed. You should consider any information provided to or collected by the Services as non-confidential, and consequently the Site App assumes no liability or responsibility if any of Your personal information is intercepted and or used by an unintended recipient.
Swagger will not monitor, edit or deliberately disclose the contents of Your private communications or files, except in circumstances where we obtain information that appears to pertain to the commission of a crime or where we reasonably believe that an emergency involving immediate danger of death or serious physical injury to any person exists. In such cases, Swagger may voluntarily disclose the record or the contents of Your communications or other information about You to law enforcement agencies and governmental entities without providing You advance notice.
Legal Process – Upon receipt of an applicable search warrant or administrative, grand jury or trial subpoena, Swagger may be required to disclose to the government or law enforcement agencies, without advance notice to You, the content of Your communications and other records relating to Your electronic communications, as well as the following records: Your name and address; records of Your online communications (including session times and duration); how long You have subscribed to our Service(s) (including start date) and the type(s) of Service(s) utilized; Your telephone number or other subscriber account identifying number(s), including any Internet or network address(es) assigned to You by our network; and means and source of Your payment(s) (including any credit card or bank account number).
Moreover, as described in Section 7 above, we will disclose your personal information as required by law or valid legal process or court orders, subpoenas, search warrants, or similar requests, if we believe that the disclosure is necessary to enforce our agreements or policies, or if we believe that the disclosure will help us protect the rights, property, or safety of Swagger or our customers or partners.
13. CHILDREN'S GUIDELINES
Swagger websites, mobile applications, and Services are not intended for children under the age of 21 years old and we do not knowingly collect any personal information from such individuals. If You become aware of the possibility that we have obtained information from a child under the age of 21 years old, please notify us immediately so that we may take the appropriate actions.
15. ACCESS TO YOUR INFORMATION
Swagger believes in putting You in control of Your personal information. In most cases, You may access or update Your personal information by visiting Your user account. In addition, You may request access to Your own personal information by contacting us by writing to Swagger, 2400 Ansys Drive, Suite 102, Canonsburg, PA 15317 or by sending an email message to email@example.com.
At the time of Your request for access to Your personal information, we will need specific information to verify Your identity before we can provide You with the personal information requested. In some instances, we will not be able to provide You with the personal information You request, for instance where that information (i) contains references to other persons, (ii) has been destroyed due to legal requirements or because the information has served its purposes, or (iii) is subject to legal protections that prevent disclosure (e.g. information this is subject to attorney-client or litigation privilege). If we are unable to provide You with access to Your personal information, we will explain why and advise You as to any recourse available to You.
We are committed to maintaining the accuracy of Your personal information, and we encourage You to notify us of inaccuracies or corrections. Timely notification of a change of address or telephone number helps us in providing You with the best possible service. You may change Your personal information in our records at any time and as often as necessary. If You request removal or deletion of Your personal information, You acknowledge that residual information may continue to reside in Swagger records and back-ups.
16. CALIFORNIA PRIVACY RIGHTS
This section applies only to California residents. Pursuant to the California Consumer Privacy Act of 2018, as amended (“CCPA”), below is a summary of the “Personal Information” categories, as identified and defined by the CCPA (see California Civil Code section 1798.140 (o)), that we collect, the reason we collect Your Personal Information, where we obtain the Personal Information, and the third-parties with whom we may share Your Personal Information.
We generally do not collect education-related information. For more information about the Personal Information we collect, please refer to Section 2 (“Collection of Personal Information,”) above.
We collect Your Personal Information for the business purposes described in Section 3 (“Use of Personal Information”), above. The CCPA defines a “business purpose” as the use of Personal Information for the business’s operational purposes, or other notified purposes, provided the use of Personal Information is reasonably necessary and proportionate to achieve the operational purpose for which the Personal Information was collected or another operational purpose that is compatible with the context in which the Personal Information was collected.
The categories of third-parties with whom we may share Your Personal Information are listed in Section 7 (“Disclosure of Personal Information”), above.
If You are a California resident, You have rights in relation to Your Personal Information; however, Your rights are subject to certain exceptions. For instance, we cannot disclose specific pieces of Personal Information if the disclosure would create a substantial, articulable, and unreasonable risk to the security of the Personal Information, Your account with us or the security of our network systems.
In addition, California Civil Code Section 1798.83 permits customers and users of our Services who are California residents to request certain information regarding our disclosure of Personal Information to third-parties for their direct marketing purposes. In Your request, please specify that You would like a “California Shine the Light Notice.” Please allow 30 days for a response.
17. CONTACTING SWAGGER