Privacy Policy

Effective Date: August 12th 2015
Last Updated Date: May 25th 2018

This Privacy Policy is incorporated by reference into the Swipecast End User License Agreement and Terms of Use (the “EULA”). The term “Swipecast,” “we,” and “us” includes Swipecast Inc. and our affiliates and subsidiaries. The Privacy Policy explains how Swipecast may:

• collect,
• use, and
• disclose

information we obtain through the Service. All other terms not defined herein will have the meanings set forth in the EULA.

“Personal Information” means information that alone or when in combination with other information may be used to readily identify, contact, or locate you, such as: name, address, email address, or phone number. We do not consider Personal Information to include information that has been anonymized so that it does not allow a third-party to easily identify a specific individual.

The Service Collects your information

Personal Information Collection. You may browse the public-facing portions of the Service without registering with Swipecast. If you register to use the Service, you must provide us with certain Personal Information:

• Contact information, such as name, email address, mailing address and phone number.
• Scanned copy of your driver’s license, passport or other similar documentation to help us verify your identity.
• IP Address.
• Stats such as ethnicity, height, hair color (optional, depending on the kind of profile you use on our platform).

Social Sign-On. We collect Personal Information from a social media website when you use your social media credentials to log into the Service. For example, when you log in with your Facebook credentials, we may collect the Personal Information you have made publicly available in Facebook, such as your name and profile picture.

Using the Service. We collect information you post through the Service. For example, when you interact with other Users by sending a Message, the Service will collect the information you provide in such submissions, including any Personal Information.

Making Payments. When you make payments through the Service, you may need to provide Personal Information to our third-party service providers, such as your credit card number.

Customer Support. We may collect Personal Information through your communications with our customer-support team.

Location Information. We may obtain information about your physical location when you use the Service, such as by use of GPS and other geolocation features in the device(s) through which you access the Service, or by inference from other information we collect (for example, your IP address indicates the general geographic region from which you are connecting to the Internet).

Cookies, Automatic Data Collection, and Related Technologies. The Service collects and stores information that is generated automatically as you use it, including your preferences and anonymous usage statistics.

When you visit the Service, we and our third-party service providers receive and record information on our server logs from your browser, including your IP address, and from cookies and similar technology. Cookies are small text files placed in visitors’ computer browsers to store their preferences. You can control the use of cookies at the individual browser level, but if you choose to disable cookies, it may limit your use of certain features or functions on our website or service. We do not use, or allow the use of cookies or similar technologies in connection with your data.

By using the Service, you are authorizing us to gather, parse, and retain data related to the provision of the Service.

Information collected automatically. Swipecast allows Google Analytics to use these technologies to analyze trends, administer the website, track users’ movements around the website, and to gather demographic information about our user base as a whole for the purpose of analytics.

Google Analytics:

We use a tool called “Google Analytics” to collect some information we listed above about your use of our platform. We use the information we get from Google Analytics to improve the Services and to help you improve your Application. In order to collect this information, Google Analytics may set cookies on your browser or mobile device, or read cookies that are already there. We do not combine the information collected through the use of Google Analytics with personally identifiable information. Google’s ability to use and share information collected by Google Analytics about your visits to the Services to another application which partners with Google, is restricted by the Google Analytics Terms of Use and the Google Privacy Policy. Please review those and see http://www.google.com/policiesfor information about how Google uses the information provided to Google Analytics and how you can control the information provided to Google. To prevent your data from being used by Google Analytics, you can download the Google Analytics opt-out browser add-on for Google Analytics which can be found here.

Stripe:

We use a tool called "Stripe” to process payments to or from your account, in order to prevent fraud and other innapropiate activities with your finantial transactions we share personal identifiable information such as Demographic Information, Driver's License or Password in order to increase the changes of payments to be processed successfully by finantial entities that you provide to us. Please review those requirements and how Stripe processes that information at https://stripe.com/us/privacy.

Zendesk:

We use a tool called "Zendesk” to manage support tickets, in order to provide a better assitance for each one of our users, we share personal identifiable information such as Demographic Information to better keep track of user requests. Please review how Zendesk processes that information at https://www.zendesk.com/company/customers-partners/privacy-policy.

Heroku:

We use a tool called "Heroku” to host our software applications, databases and backups. Please review how Heroku processes that information at https://devcenter.heroku.com/articles/security-privacy-compliance.

Cloudinary:

We use a tool called "Cloudinary” to host our media assets such as photos and videos that you upload as part of your profile, Please review how Cloudinary processes that information at https://cloudinary.com/privacy.

Rollbar:

We use a tool called "Rollbar” to keep track of all errors and crashes in our platform components so we can proactively without your direct notifying us about it. Please review how Rollbar processes that information at https://rollbar.com/docs/security.

How Swipecast Uses your Information

Internal and Service-Related Usage. We use information, including Personal Information, for internal and service-related purposes only and may provide it to third parties to allow us to facilitate the Service. We may use and retain any data we collect to provide and improve the Service.

Communications. We may send email to the email address you provide to us to verify your account and for informational and operational purposes, such as account management, customer service, or system maintenance.

Identification. We will use any documentation that you provide to us to verify your identity for that sole purpose.

Marketing. We may use information, including Personal Information, to facilitate transmittal of information that may be useful, relevant, valuable or otherwise of interest to you.

Service Providers. We share your information with third parties who provide services on our behalf to help with our business activities. This includes: payment processing, providing customer service, sending marketing communications, conducting research and analysis and providing cloud computing infrastructure. The legal basis for sharing this information is our legitimate interest in providing our Services efficiently and we implement measure to safeguard your information.

Aggregate Data. We may anonymize and aggregate data collected through the Service and use it for any purpose.

Swipecast may disclose your information

We Use Vendors and Service Providers. We may share any information we receive with vendors and service providers retained in connection with the provision of the Service. For example, when you make payments through the Service, we will share your credit card number with our third-party payment processor. See Information Collected Automatically.

Displaying to Other Users. The content you post to the Service may be displayed on the Service. If you are the Talent, Clients and other Talent will be able to see some information about you, such as your name, photo, measurements and other relevant information. If you are a Client, the Talent and other Clients will be able to see the information associated with your Project. We are not responsible for privacy practices of the other Users who will view and use the posted information. Accordingly, we recommend that you carefully consider what you post to the Service before doing so to guard your anonymity and sensitive information.

Social Networking and Other Websites. The Service may allow you to share information, including Personal Information, with social networking websites, such as Facebook. We do not share your Personal Information with them unless you direct the Service to share it. Their use of the information will be governed by their privacy policies, and you may be able to modify your privacy settings on their websites.

Marketing. We do not rent, sell, or share Personal Information about you with other people or nonaffiliated companies for their direct marketing purposes, unless we have your permission. We may allow access to other data collected by the Service to facilitate transmittal of information that may be useful, relevant, valuable or otherwise of interest to you.

Public Authorities or Law Enforcement. In certain situations, Swipecast, Inc may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. We may also disclose your personal information as required by law (such as to comply with a subpoena or other legal process), when we believe in good faith that disclosure is necessary to protect our rights, when we believe there is a violation to our Terms of Service (see Swipecast Terms of Service), to protect your safety or the safety of others, to investigate fraud, to respond to a government request, if we are involved in a merger, acquisition, or sale of all or a portion of our assets, or if we are involved in a bankruptcy or liquidation proceeding. The legal basis for this is our legitimate interest in protecting our legal rights and those of others, compliance with legal obligations and our legitimate interest in fulfilling legal obligations imposed by legal authorities outside of the EU.

Prevent fraud and abuse of the Services. We will share information to prevent or detect fraud or to address technical issues and if we believe it is necessary to investigate, prevent, or take action regarding situations that involve abuse of the Services infrastructure. The legal basis for this is our legitimate interest in the maintaining the security of our Services.

Merger, Sale, or Other Asset Transfers. If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, sale of company assets, or transition of service to another provider, then your information may be sold or transferred as part of such a transaction as permitted by law and/or contract. The use of your Personal Information following any of the foregoing events should be governed by the provisions of this Privacy Policy in effect at the time such Personal Information was collected.

We may also disclose your Personal Information with your permission.

Data Retention. We may retain your information for as long as your account is active or as needed to provide you services, comply with our legal obligations, resolve disputes and enforce our agreements. In certain circumstances we may be required by law to retain your personal information, or may need to retain your personal information in order to continue providing a service.

Even if you delete your account, keep in mind that the deletion by our third party providers may not be immediate and that the deleted information may persist in backup copies for a reasonable period of time.

Access to Information(DSR requests) As of now our intention is to service DSR requests (such as delete and export) manually. If you have an account with us, you may access, correct, or request that we delete your personal data by contacting us at support@swipecast.com.

We will respond to these requests within 30 days after submission as required by GDPR.

SECURITY OF YOUR INFORMATION

The security of your personal information is important to us. We implement adequate measures to protect the personal information submitted to us, both during transmission and once it is received. Swipecast, Inc takes steps to ensure that all source code, files and data remain private and confidential. Due to the sensitive nature of source code we take this very seriously and make it our primary concern for all customers. We restrict access to personal information to Swipecast employees, contractors and agents who need to know that information in order to operate, develop or improve our service. Unfortunately, the Internet cannot be guaranteed to be 100% secure, and we cannot ensure or warrant the security of any information you provide to us. We do not accept liability for unintentional disclosure.

By using the Service 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 Service. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Service or sending an e-mail to you. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please notify us at support@swipecast.com.

CHILDREN’S PRIVACY

We do not knowingly collect, maintain, or use Personal Information from children under 13 years of age, and no part of the Service is directed to children under the age of 13. If you learn that your child has provided us with Personal Information without your consent, you may alert us at support@swipecast.com. If we learn that we have collected any Personal Information from children under 13, we will promptly take steps to delete such information and terminate the child’s account.

International Users & EU Data Protection

By choosing to visit the Service or otherwise provide information to us, you agree that any dispute over privacy or the terms contained in this Privacy Policy will be governed by the law of the State of New York and the adjudication of any disputes arising in connection with Swipecast or the Service will be in accordance with the EULA.

If you are visiting from the European Union or other regions with laws governing data collection and use, please note that you are agreeing to the transfer of your information to the United States and processing globally. By providing your information you consent to any transfer and processing in accordance with this Policy.

POSE A QUESTION OR SUGGESTION

If you have suggestions for improving this Privacy Policy, please send an e-mail to support@swipecast.com.

CHANGES TO OUR PRIVACY POLICY AND PRACTICES

Posting of Revised Privacy Policy. We will post any adjustments to the Privacy Policy on this web page, and the revised version will be effective when it is posted. If you are concerned about how your information is used, bookmark this page and read this Privacy Policy periodically.

New Uses of Personal Information. From time to time, we may desire to use Personal Information for uses not previously disclosed in our Privacy Policy. If our practices change regarding previously collected Personal Information in a way that would be materially less restrictive than stated in the version of this Privacy Policy in effect at the time we collected the information, we will make reasonable efforts to provide notice and obtain consent to any such uses as may be required by law.

Contact Information

Swipecast Inc.
127 west 26th street # 505
NYC 10001
info@swipecast.com