We at Swish Nation, LLC (the "Company," "we," "our," or "us") recognize the importance of protecting the privacy of personally identifiable information ("Personal Information" or "PII") collected about you and other users (collectively, "Users") of our website and mobile application (collectively, the "Service"). We are committed to ensuring that your privacy is protected. To that end, this Privacy Policy ("Policy") discloses our practices regarding the collection, use, and disclosure of the PII we receive through Users' use of the Service. By using the Service, you accept the terms of this Policy.
This Policy applies to the Service, which includes the Dripmoji application, www.swishnation.com, its subdomains, and all of the websites and internet properties owned or operated by us, regardless of the medium by which the Service is accessed by Users (e.g., via a web or mobile browser).
We are the sole owner of information collected on the Service. We collect several types of information from and about Users of the Service, including:
Personal Information: We may collect PII from you when you complete forms, navigate web pages, and in connection with other activities, services, features, or resources we make available on the Service. The type of PII we may collect, use, store, and disclose include the following categories of information:
| Category | Type of Information |
|---|---|
| Contact Information and Identifiers | First Name, Last Name, Email, Phone Number, Address |
| Financial Information | Credit Card Number, Expiration Date, Security Code |
| Photographs or Videos | Video submissions |
| Internet Identifiers and Activities |
IP Address, geolocation, beacon based location, GPS
location You may disable our use of certain internet identifiers and activities through your device or browser settings. |
| Application Statistics and Preferences | In-app performance data, stats from Shootouts, stats from Freestyle features, avatar preferences |
| Sensitive PII | Racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person's sex life or sexual orientation |
Deidentified Information: We may collect deidentified information from you that may not by itself reasonably identify you as the source when they navigate the Service (“Deidentified Information”). Deidentified Information may include: (i) device type, (ii) device operating system, (iii) internet browser type, (iv) internet service provider, (v) referring/exit pages, (vi) date/time stamp, and (vii) clickstream information. We will take reasonable measures to ensure that Deidentified Information we collect is not personally identifiable and may not later be easily used to identify you as required by applicable law.
Children's Information: We do not offer our services or promote the Service to, nor do we intentionally collect or retain PII from, children who are younger than 13 years of age. If we discover that we have inadvertently collected information from a child under 13 years of age, we will promptly take all reasonable measures to delete such information from our systems.
The information we collect depends on what Users do when they visit or utilize the Service. We collect PII and Deidentified Information in various ways, including:
Directly from You: We collect PII when you voluntarily submit PII to us while completing forms on the Service and in connection with other activities, services, features, or resources we make available on the Service. The PII we collect depends on what you do when you visit or utilize the Service or how you choose to communicate with us. Please note that we do not collect PII about you unless you voluntary provide such PII by completing forms available on the Service and/or contacting us regarding the Service or our products and services.
Through Your Use of the Service: We may collect Deidentified Information that your browser transmits when you visit the Service. We may also collect Deidentified Information about how you access and interact with the Service through the use of automated tracking technologies, such as session cookies, persistent cookies, and web beacons.
A cookie is a small data file that is transferred to an internet browser, which enables the Service to remember and customize your subsequent visits. Session cookies expire when you close your browser. We may also use persistent cookies to track and target your interests to enhance your experience on the Service. Persistent cookies remain on your device for an extended period of time.
Most internet browsers automatically accept cookies. However, you can instruct your internet browser to block cookies or to provide you with a warning prompt before you accept cookies from the Service. Please refer to your internet browser’s instructions to learn more about these functions. If you reject cookies, the functionality of the Service may be limited and you may not be able to participate in several of the Service’s features.
Additionally, we may use web beacons, which are single-pixel, electronic images embedded in the Service that allow us to gather information about your browsing activities on the Service.
From Third Party Services: We may collect PII about you from third parties whose privacy practices may differ from the practices described in this Policy. We do not make any representations or warranties concerning, and will not in any way be liable for, any informational content, products, services, software, or other materials available through third parties. Your use of third parties’ services and/or third party websites is governed by and subject to the terms and conditions of those third parties and/or third party websites. We encourage you to carefully review the privacy policies and statements of such third parties and/or third party websites.
We may use Users' PII for various general, lawful purposes to help enhance their experience. These purposes include:
Lawful purposes: (i) as necessary for the performance of our contract with Users (such as our Terms of Use), (ii) for our legitimate interests, so long as they are not overridden by Users’ own rights and interests, or (iii) as required by law. These purposes include:
Direct Marketing: We may use your PII to send you promotional materials. You have the right to opt-out of receiving direct marketing.
Customer Service and User Communications: We may use your PII to help us respond to your inquiries, questions, requests, and support needs more efficiently.
User Experience Personalization: We may use Users’ PII and/or Deidentified Information in the aggregate to analyze Users’ browsing and usage activities and patterns in order to understand Users’ interests and preferences with respect to the Service and our services. This will help us optimize your experience on the Service.
Business Optimization: We may use your PII and/or Deidentified Information to improve the content on our web pages, to customize the content and layout of our web pages, and in managing our everyday business needs. We may also use your feedback to improve the Service and our services. All of this is done with the intention of making the Service more useful for you.
Company will not collect additional categories of PII or use PII we collected for materially different, unrelated, or incompatible purposes without providing you notice.
We may disclose Users' PII to third parties as described below. Otherwise, we do not sell PII and will not disclose Users' PII to third parties without your permission.
To Our Affiliates: We may disclose your PII to affiliates, including companies within the Swish Gaming group.
To Service Providers and Trusted Third Parties: We may disclose your PII to third party service providers and trusted third parties (including sponsors and marketing partners) that assist us in providing user support, communicating with Users, and promoting our services, as well as third party service providers that provide other services to us relating to our services and/or the Service.
Law Enforcement, Safety, and Legal Processes: We may disclose your PII to law enforcement or other government officials if it relates to a criminal investigation or alleged criminal activity. We may also disclose your PII: (i) if required or permitted to do so by law; (ii) for fraud protection and credit risk reduction purposes; (iii) in the good-faith belief that such action is necessary to protect our rights, interests, or property; (iv) in the good-faith belief that such action is necessary to protect your safety or the safety of others; or (v) to comply with a judicial proceeding, court order, subpoena, or other similar legal or administrative process.
Sale or Acquisition of Assets: If we become involved in a transaction involving the sale of our assets, such as a merger or acquisition, or if we are transferred to another company, we may disclose and/or transfer your PII as part of the transaction. If the surviving entity in that transaction is not us, the surviving company may use your PII pursuant to its own privacy policies, and those policies may be different from this Policy.
The security and confidentiality of your PII is very important to us. We use commercially reasonable security measures to protect your PII on the Service. However, no data transmitted over or accessible through the internet can be guaranteed to be 100% secure. As a result, while we attempt to protect your PII, we cannot guarantee or warrant that your PII will be completely secure (i) from misappropriation by hackers or from other nefarious or criminal activities, or (ii) in the event of a failure of computer hardware, software, or a telecommunications networks.
California’s “Shine the Light” law permits Users of the Service that are California residents to request certain information regarding our disclosure of PII to third parties for their direct marketing purposes. To make such a request, please contact us at the Contact Information provided below.
Some internet browsers may transmit "do-not-track" signals to websites with which the browser communicates. The Service does not currently respond to these "do-not-track" signals.
We do not participate in bulk email solicitations that you have not consented to receiving (i.e., "Spam"). We do not sell or disclose customer lists or email address lists to unrelated third parties. Except as otherwise provided herein, we do not share PII with any third party advertisers.
The Service may contain links to other websites or applications (“Linked Sites”) that are not owned by the Company. We do not control the collection or use of any information, including PII, which occurs while you visit Linked Sites. Therefore, we make no representations or warranties for—and will not in any way be liable for—any content, products, services, software, or other materials available on Linked Sites, even if one or more pages of the Linked Sites are framed within a page of the Service.
You agree that if you are dissatisfied with the Service or any services offered in connection with the Service, do not agree with any part of these Terms, or have any other dispute or claim with or against Company with respect to these Terms or the Service, your sole and exclusive remedy is to discontinue using the Service.
Furthermore, we make no representations or warranties about the privacy policies or practices of the Linked Sites, and the Company is not responsible for the privacy practices of those Linked Sites. We encourage you to be aware of when you leave the Service and read the privacy policies of Linked Services.
We reserve the right to update this Policy from time-to-time in our sole discretion. If our privacy practices change materially in the future, we will post an updated version of the privacy policy to the Service. It is your responsibility to review this Policy for any changes each time you use the Service. We will not lessen your rights under this Policy without your explicit consent. If you do not agree with the changes made, we will honor any opt-out requests made after the Effective Date of a new privacy policy.
If you ever wish to access, update, change, or delete your PII, or cancel your user account (if applicable), you may make such changes through your user account or by contacting us at the Contact Information provided below. To help us process your request, please provide sufficient information to allow us to identify you in our records. We reserve the right to ask for additional information verifying your identity prior to disclosing any PII to you. Should we ask for verification, the information you provide will be used only for verification purposes, and all copies of the information will be destroyed when the process is complete.
If you do not wish to receive update messages and/or direct marketing communications from us, you may opt-out by making such changes through your user account, following any instructions included in the communication, or by contacting us at the Contact Information provided below. To help us process your request, please include sufficient information for us to identify you in our records. Please be aware that although you may opt-out of update messages and/or direct marketing communications, we reserve the right to email you administrative notices regarding the Service, as permitted under the CAN-SPAM Act.
We will make commercially reasonable efforts to respond to opt-out requests, respond to account cancellation requests, and handle requests to access, update, change, or delete PII as quickly as possible.
If you have questions about this Policy or wish to contact us with questions or comments, please contact us at:
Attn: Swish King
Swish Gaming Inc.
919 North
Market Street, Suite 950
Wilmington, DE 19801
(407) 796-8297
dechristo@swishking.com
This Policy was last modified as of the effective date printed above. This version of the privacy policy replaces and supersedes any prior privacy policies applicable to the Service.