1.INFORMATION WE COLLECT
1.1 We will only collect information that is relevant for the purposes of providing the Services, including, without limitation: (i) provide, test, promote, and improve the Services; (ii) gather usage statistics for the Services; (iii) administer your use of the Services and provide customized user experience; (iv) provide access to third party content or services; and (v) fight spam, fraud, and other abuse of the Services. Through your use of the Services, including, without limitation, the Website, Swarmio may collect the following information:
- User Provided Information – Swarmio may collect certain personally identifiable information in order for you to use the Website and/or Services, including, without limitation, (i) full name; (ii) mailing address; (iii) phone number; and/or (iv) email address. Additionally, when you send a communication via the Website, Swarmio may also collect that communication, and you agree Swarmio is free to use the content of any communications submitted by you for any purpose, including developing and/or providing the Services. We will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) you grant us permission to do so, in accordance with the Terms or otherwise; (b) we first send notice to you that the materials or other information you submit to a particular part of a Service will be published or otherwise used with your name on it; or (c) we are required to do so by law.
- Log File Information – Swarmio may automatically collect information about your use of the Services, including, without limitation, information about the Internet browser, IP address, operating system, mobile carrier, and/or device information automatically assigned to your computer or device used by you to access the Website and/or Services. Other information Swarmio may automatically collect includes, without limitation, information about the frequency and length of (i) Website usage, (ii) Website visits (i.e. date and time), (iii) level of interaction with Services provided, and (iv) other actions taken through your use of the Services.
- Cookies/other Technologies Information – Swarmio may place cookies, pixel tags, local storage, and other technologies (“Technologies”) on your device used to access the Services in order to automatically collect information through the Services. Cookies allow us to record certain pieces of information whenever you visit or interact with our Services and Websites, and to recognize you across devices. Cookies and/or other Technologies shall only be used as operationally necessary, to assess performance, to enhance functionality, or to deliver content such as third party advertisements via the Services. If you would like to opt-out of the Cookies and/or other Technologies we employ with our Website, you may do so by blocking, deleting, or disabling them as your browser or device permits. Please be advise that deactivation of Cookies and/or other Technologies may prevent from you fully accessing the Website or Services.
- Pixels / Web Beacons: Pixels / Web Beacons are tiny graphics with a unique identifier that may be included on our Services for several purposes, including to deliver or communicate with Cookies, to track and measure the performance of our Services, to monitor how many visitors view our Services, and to monitor the effectiveness of our advertising. Unlike Cookies, which are stored on the user’s hard drive, Web Beacons are typically embedded invisibly on web pages (or in an e-mail).
- Social Media Information – If you choose to log in, access or otherwise connect to the Services through a social networking service (such as Facebook, Twitter, Instagram, etc.), we may collect your user ID and/or username associated with that social networking service, as well as any information you make public using that social networking service or which the social networking service allows us to access. We may also collect information you have authorized the social networking service to share with us on your behalf. This supplemental information allows us to verify information that you have provided through use of the Services and to enhance our ability to provide you with information about our business, products, and Services.
1.2 All personally identifiable information shall be as accurate, complete, and up-to-date as is necessary for the purposes for which it is used, including, without limitation, to minimize the possibility that inappropriate information may be used in order to provide you the Services. It shall be your sole responsibility to update any and all personally identifiable information provided for use of the Website and/or Services.
2.HOW WE USE THE INFORMATION
2.1 Swarmio uses the information received from you in connection with the Services and features provided via the Website, including, without limitation, in order to:
- Process and respond to customer service/user inquiries;
- Alert users to new services, content, and/or features;
- Prevent fraudulent or other criminal activity;
- Meet legal and regulatory requirements;
- Provide access to certain functionalities and features of the Services;
- Enforce the Terms;
- Monitor and track total number of users of the Website for statistical purposes.
2.2 We may also use personal information provided by you for reasons for which we have a legitimate interest, such as direct marketing, individual or market research, anti-fraud protection, anti-money laundering protection, applicable state and/or federal law or regulations requiring necessary compliance, or any other purpose disclosed to you at the time you provide personal information or with your consent.
2.3 Swarmio may also make anonymous and/or aggregate personal information for commercial, marketing, and/or business purposes, such as reporting and conducting research and development in order to enhance our existing Services and/or develop new products and Services. Anonymous or aggregated information does not identify you, and we may use or disclose such information in a number of ways, including research, internal analysis, analytics, and any other legally permissible purposes. We may share this information internally and/or with third parties for our or their purposes in an anonymous or aggregated form that is designed to prevent anyone from identifying you.
3.DISCLOSURE OF INFORMATION
3.1 Swarmio may share your information with: (i) its staff, data persons (or entities) in charge of maintaining and recording the information; (ii) an agent retained by Swarmio in connection with the collection of your account; (iii) a person who, in the reasonable judgment of Swarmio, is seeking the information as your agent; (iv) third parties pursuant to your consent and/or where required by law; and/or (iv) third parties involved in providing Services, provided, only on a need-to-know basis in order to provide the Services. Any such third party shall be prohibited from sharing or using your personal information except as necessary to perform the Services or to comply with applicable legal and regulatory requirements.
3.2 Swarmio may also share information with its accountants, attorneys, and other professional advisors who owe a duty of confidentiality to Swarmio. In the event Swarmio is required to disclose information pursuant to a court order, subpoena, or law enforcement agency request, we will disclose the requested information to the extent permissible by applicable law. To the extent permissible under applicable law, disclosure of personal identification information may also be made when necessary to establish, exercise, and defend legal claims, or protect the rights and property of Swarmio, our agents, customers and others, including, without limitation, the enforcement of agreements, policies, terms and conditions of use (including, without limitation, the Terms), rules, or the personal safety of any person.
3.3 In the event that ownership of all or a part of Swarmio or its business were to change via merger, acquisition, divestiture, dissolution, or sale of all or substantially all of Swarmio’s assets, your information pertinent to that business’ operations may be assigned or transferred to, or licensed for use by, the new owner, without any prior notice to or consent from you.
3.4 If you choose to share information with social media services about your activities on the Website by, for example, connecting your social media account (i.e. Facebook account) to the Website, then we may share your personal information and information about your use of the Website with such social media websites. Use of social media service websites is governed by the privacy practices and policies of those websites, including, without limitation, your ability to opt out of certain settings. Please make sure to read the terms and privacy statements of such social media websites prior to connecting to the Website via your social media account.
4.SECURITY OF YOUR INFORMATION
4.3 By using the Website or providing personal information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Website and/or Services. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Website or sending you an email at the email provided to us.
5.THIRD PARTY WEBSITES
6.THIRD PARTY PAYMENT PROCESSING
6.1 When you pay fees through the Website, we may process your payments through a Third Party Website, including, without limitation, third-party payment processers. The Third Party Website may collect certain financial information from you in order to process a payment, including your name, email address, address and other billing information. In order to delete your payment or billing information, you may need to do so with the Third Party Website, as Swarmio only has minimal secure access to those records as needed to provide the Services.
7.RETAINING YOUR PERSONAL INFORMATION
7.2 Upon termination of your use of the Services, we reserve the right to maintain your personal information as part of our standard back-up procedures in an aggregated format. When personal information is no longer required, we will utilize procedures to destroy, delete, erase or convert it to an anonymous form.
8.ABILITY TO OPT-OUT
8.1 You have the right to opt out of certain uses and disclosures of your personal information. Where you have consented to Swarmio’s processing of your personal information, you may withdraw that consent at any time and opt-out to further processing by contacting us at support@Swarmio.media. If you opt-out, we may still collect and use non-personal Information regarding your use of our Services for non-interest based advertising purposes, such as to determine the effectiveness of the advertisements.
8.3 We may occasionally send you push notifications through your device with updates and other notices that may be of interest to you. You may opt-out from receiving these types of communications by changing the settings on your device.
9.MODIFYING, ACCESSING, CORRECTING, OR DESTROYING PERSONAL INFORMATION
9.1 You can modify personal information through your personal settings or by contacting us at support@Swarmio.media. You may inquire as to whether Swarmio is processing your personal information, request access to your personal information, and ask that we correct, amend or delete your Personal Information where inaccurate. If you want us to delete your personal information, please contact us at support@Swarmio.media with your request and/or follow the necessary procedures provided through the Website. We’ll take steps to delete your information as soon we can, but some information may remain in archived/backup copies for our records or as otherwise required by law.
9.2 Swarmio will use best efforts to provide you with access to your personal information. However, there may be circumstances in which we are unable to provide access, including but not limited to: (i) where the information contains legal privilege, (ii) would compromise others’ privacy or legitimate rights, (iii) where the burden or expense of providing access would be disproportionate to the risks to your privacy, or (iv) where it is commercially proprietary. If we determine that access should be restricted in any particular instance, we will provide you with an explanation of why that determination has been made and a contact point for any further inquiries. To protect your privacy, we will take commercially reasonable steps to verify your identity before granting access to or making any changes to your personal information.
10.INTERNATIONAL TRANSFER OF INFORMATION
11.CHILDREN AND OUR SERVICES
11.1 Our Services are not directed to children, and we do not knowingly collect personal information from individuals under the age of 18 and/or the legal age of majority under applicable law in the jurisdiction in which you reside (“Prohibited Individuals”). If we learn that we have collected personal information from a Prohibited Individual or are otherwise ineligible for participation in our Services as set forth in our Terms, we will take steps to delete such information from our files as soon as possible.
12.CALIFORNIA PRIVACY RIGHTS
12.1 California law permits users who are California residents to request and obtain from us once a year, free of charge, a list of the third parties to whom we have disclosed their personal information (if any) for their direct marketing purposes in the prior calendar year, as well as the type of personal information disclosed to those parties. Such requests may be made to support@Swarmio.media.
14.GOVERNING LAW AND REGULATIONS
14.1 This Agreement will be governed by and construed in accordance with the laws of the Province of Nova Scotia and the applicable federal laws of Canada, without regard to any conflict of laws rule or principle.