The Websites are operated by Swift Media Entertainment Inc., (“Swift Media”). Throughout the Websites, the terms “we”, “us” and “our” refer to Swift Media. Swift Media offers these Websites, including all information, tools and services available from these Websites to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
Swift Media will collect both personal information, and non-personal information (collectively, the “Information”) and act as the data controller regarding your personal information.
• Swift Media websites, online products and services; and
• Swift Media mobile applications.
2. Information We Collect and How We Use It
Swift Media collects Information about you from you and other sources. As set out below in more detail, we use and in specific cases combine that Information to operate, tailor content, personalize, adjust and improve our Properties, and to send you messages or personalized information about our services, including for marketing and promotional purposes.
Information Provided by You
As set out in more detail in the following, Swift Media may collect Information from you when you: (A) use our Properties, including use of social media properties; and (B) choose to receive newsletters on products and services and/or receive marketing emails.
A. Use of Our Properties
B. Receive Newsletters on Products and Services and/or Receive Marketing Emails
Swift Media may offer you the ability to receive newsletters or marketing periodically by email about our products and services, and the products and services of Swift Media affiliates. You can stop receiving further newsletters or marketing emails by unsubscribing from the link in the footer of each email we send to you.
C. Use of Your Information.
Swift Media may use your Information for the following purposes:
• For the purposes for which you provided it;
• To send you information about your relationship or transactions with us;
• To send you alerts or other communications via SMS messages or other media or networks;
• To notify you about new features and offerings, including, but not limited to, discounts, events, products, other services, and/or special offers;
• To administer sweepstakes and contests;
• To process and respond to your inquiries;
• To contact you with information that we believe may be of interest to you;
• For internal research and reporting;
• To improve the content and features of the Properties;
• To allow us to personalize the content and advertising that you see on the Properties;
• To enforce the legal terms that govern your use of the Properties;
• To administer and troubleshoot the Properties; and
• To share your information with reputable third parties who may provide you with information about their products and/or services that may be of interest to you.
Information Provided by Other Sources
We may also obtain Information about you from other sources. We only collect Information from other sources where they have confirmed to us they are legally entitled to share it with us.
3. Children and Parents
Swift Media does not knowingly collect or store any personal information from children under 13 in the US or under the relevant age threshold in other jurisdictions where the child is located. However, we may collect technical information required for delivering the service and for the support of our internal operations from all users of our Properties. If parents/guardians believe that we have unintentionally collected their children’s other personal information or otherwise used their children’s personal information for another purpose, they may reach out to us via the Contacting Us section below. Parents/Guardians should contact Swift Media immediately if they have any concerns. Please see the Contacting Us section below for further details.
4. Your Choices
You have choices over the Information provided by you and by other sources, and how that Information is used by Swift Media. You can exercise your choices by (i) changing your personal profile, if applicable, (ii) unsubscribing from any email newsletter, or messaging system, (iii) following the procedure described in the Overview. Unless you direct us not to, we may share your information with reputable third parties so that they may contact you to offer products, services and promotions, such as sweepstakes and contests, that you may find valuable
Your Choices About Information Provided by You
If you do not want to provide Swift Media with personal information, then you can choose not to provide it. Please note that if you choose not to provide us with personal information, we may not always be able to provide you with the relevant Swift Media product or service that you want. For example, without providing an email address, you will not be able to sign up for Swift Media newsletters.
Your Choices About Information Provided by Third Parties
You may be able to control how third parties collect and share your Information by changing your preferences or opting out of collection directly with those third parties. Before disclosing Information to third parties, we recommend you check their respective privacy policies for further details.
Your Choices About Swift Media Using Your Information
You can exercise choices over how Swift Media uses your personal information and update your preferences at any time:
• to remove yourself from receiving email marketing or newsletters from Swift Media, simply click the unsubscribe link in the email;
If you opt-out of receiving email marketing communications from us, please note that we may still contact you occasionally to provide you with service-related information.
If you are a user located in the European Economic Area (“EEA”) and would like to know more about your rights in connection with your personal information, please see the Users in the EEA section below.
5. Sharing Information
As set out below in more detail, Swift Media shares Information:
• with vendors, sponsors, and business partners, engaged by Swift Media in order to provide you with goods or services you have requested or online advertising selected by us;
• if required to do so by applicable law, regulation or legal process;
• third parties who perform services on our behalf and for other legitimate business purposes;
• if necessary to exercise, establish or defend our legal rights;
• if necessary to protect the rights, property or safety of any person; and
• in connection with the sale of our business or assets.
Please note that any information, including personal information that you reveal in a bulletin board, message board, chat room or other public forum is publicly viewable. When you post personal information publicly through the Properties, it may be viewable by other users of these sites and we cannot prevent further use of the personal information by third parties.
Vendors provide goods and services (for example, billing, consumer services support, consultancy, information technology hardware and software) to Swift Media in order to support, operate and develop the Properties and to deliver marketing communications on our behalf. Vendors use your Information to execute, deliver and/or from time to time improve the services they provide. We do not share Information with vendors to use for their own direct marketing purposes or any other purpose other than those set out in this section without your consent.
We will disclose your Information in the good faith belief that we are required to do so by law, including but not limited to disclosure to law enforcement or other government officials in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal or may expose you, us, or our affiliates to legal liability.
This may include responding to legal requests from jurisdictions outside of the United States where we have a good faith belief that the response is required by law in that jurisdiction, affects users in that jurisdiction, and is consistent with internationally recognized standards.
We disclose your Information with third parties where we believe this is necessary to protect the rights, property or safety of any person. For example, we disclose Information relating to an online account if we in good faith believe the user of that account is using it in ways that are harmful to others (e.g. making inappropriate contact with minors).
Sale of Our Business or Assets
Separately, in the event of a merger, acquisition, reorganization, bankruptcy, or other similar event, Swift Media’s customer information, including Information and communications, may be transferred to our successor or assign.
Swift Media takes a range of security measures designed to protect your personal information and keep it confidential (unless it is non-confidential by nature, for example, publicly-available information). We also take steps to ensure that the personal information collected is protected from misuse and alteration. In addition, we request vendors who process personal information on our behalf to themselves take a range of security measures designed to help protect your personal information. However, the Internet by its nature is not a secure environment and the nature of security risks is constantly evolving, as are the technical and organizational industry standards relating to management of those risks. The complete security of any personal information collected, stored or used by us or our vendors cannot therefore be guaranteed.
7. Accessing Information and Retention Period
If for any reason you are concerned with the way we are using your personal information, or would like to correct, view, update or request that we delete such personal information, you can send your request to us using the Contacting Us section below.
8. Contacting Us
Please contact Swift Media at the Contact Address set forth below if you would like to request any of the following:
• More information about the GDPR
• That Swift Media erase your identifying information.
• A copy of the personal information Swift Media has about you.
• That your personal information be corrected.
• That restrictions be added in the way your data is processed.
• To object to the way your data is being processed.
CONTACT ADDRESS: _______________
9. Important Notice
For privacy related information applicable to users who are California residents or based outside the US please see below.
10. Your California Privacy Rights
Since 2005, California Civil Code Section 1798.83 permits our customers who are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. We do not share our customer’s personal information with unaffiliated third parties for their own direct marketing purposes, without their approval.
The California Consumer Privacy Act of 2018 (the “CCPA”) grants you the following rights with regard to the personal information we collect about you: (i) the right to know what personal information we have collected about you, and the purpose for which it was collected; (ii) the right to request that we delete any personal information we have collected from you (subject to certain exceptions, as outlined in the CCPA); (iii) the right to opt-out of the sale of your personal information; and (iv) the right to non-discrimination for exercising your rights herein. For the avoidance of doubt, we do not sell your personal information, but if we did, California residents would have the right to opt out of the sale of your personal information, pursuant to the rights granted above.
If at any time you wish to opt out of having your personal information shared with third parties and/or receiving information from the Swift Media (via e-mail or postal mail) about new products, services, or promotions, please contact us in accordance with the Contacting Us section above. We will be happy to honor your request.
California Privacy Rights for Minor Users
Since January 1, 2015, California Business and Professions Code Section 22581 permits you, if you are a California resident under the age of 18, to view, correct, or delete Information provided by you or publicly posted by you. You may do this by please contacting us in accordance with the Contacting Us section above, and asking us to delete certain posted content.
We will be happy to review, update or remove Information and/or content as appropriate. Residual copies of Information and/or content that have been deleted may remain in our backup systems. We may still retain your Information to resolve disputes, enforce our user agreement, or comply with legal requirements; in this case, your personal information will be blocked from use for any other purpose.
11. Users in the EEA
As set out in more detail below, we only process or transfer your personal information where we can rely on legal grounds and appropriate safeguards to do so. You also have additional rights regarding your personal information if you are located in the European Economic Area (“EEA”).
Legal Basis for Processing Your Personal Information
We only process your personal information where we can rely on legal grounds to do so. We process your personal information for the purposes set out below.
Performance of the Services
We process your personal information for the performance of our services, to provide or support of our products, or for any other feature you request or enable. This includes, for example, using your personal information to:
• provide global customer service.
We process your personal information based on your consent. This includes, for example, providing:
• newsletters and direct e-mails about our Properties; and
• certain other marketing features.
• certain information to third parties as otherwise set forth herein.
We process your personal information where we have a legitimate interest to do so. This includes, for example, processing:
• to provide you with requested customer service or technical support;
• to debug and improve our current and future Properties;
• in order to give you exclusive content, personalize your online experience with us and contact you in accordance with applicable marketing preferences; and
• for the establishment, exercise or defense of legal claims or whenever courts are acting in their judicial capacity.
We process your personal information for compliance with a legal obligation to which we are subject.
Your Rights to Your Personal Information
You have the following rights in addition to your rights to view, correct, update, or request the deletion of your personal information as set out in detail in the Accessing Information section above. To access your personal information, you can also make a request by contacting Swift Media according to process detailed above.
You may object to the processing of your personal information based on a legitimate interest on grounds relating to your particular situation. You may control the extent to which we market to you and you have the right to request that we stop sending you marketing messages at any time.
In certain circumstances, you can request that we transfer personal information that you have provided to us.
Where we rely on your consent in order to process your personal information, you have the right to withdraw such consent to further use of your personal information at any time. You can use the methods described in the Accessing Information section above to update your marketing preferences.
For each of the rights described above, you can also send your request to us by using the contact details set out in the Contacting Us section above.
We hope that we can satisfy queries you may have about the way we process your personal information. However, if you have unresolved concerns you also have the right to complain to data protection authorities. You can bring the complaint in your member state of residence, place of work or where an alleged infringement of data protection law occurred.
Your personal information will be transferred to and processed in the United States where many of our central databases operate or other countries where our vendors maintain facilities or business operations. We use European Commission approved contract clauses to protect your personal information. If you have questions, please contact us using the contact details set out in the Contacting Us section above.
12. Disclosure to Users Outside the US and the EEA
In addition, if you are a visitor to our websites or other online products and services from outside the U.S., the personal information you provide will be collected, processed and stored directly on, or transferred to, servers in the United States or other countries where Swift Media or its affiliates, or our other partners or vendors maintain facilities or business operations.
Depending on the Property you are using, and the country you are based in, Cookies may be set on your computer or device by either:
• Swift Media – to recognize and associate activity with your computer or device when it visits a Property. Swift Media Cookies cannot be used to recognize or associate activity with your computer or device when it visits other, third party websites or online properties.
• Third Parties – to enable third party features or functionality to be provided on or through our Properties or other online properties (e.g. advertising and analytics). The third parties that set these Cookies may be able to recognize your computer or device both when it visits the Properties or other online properties that use the third party’s features and functionality.
Types of Cookies
To learn more about your opt-out choices for cookies, please see the Managing Cookies section below. To learn more about your opt-out choices for technologies that are similar to cookies, please see the Similar Technologies section below.
• Necessary Cookies
These Cookies are essential in order to enable you to move around websites or online properties and use their features, such as accessing secure areas of a website.
• Performance (or Analytics) Cookies
These Cookies collect information about how visitors use a website or online property, for instance, which pages visitors go to most often, and if they get error messages from web pages. These Cookies don’t collect information about the actual identity (e.g., name) of a visitor. All information these Cookies collect is aggregated. They are only used to improve how a website or other online property works. We generally contract with third parties (such as Google Analytics), to provide these services on our behalf.
• Functionality Cookies
These Cookies allow the website or online property to remember choices you make (such as the language or the region you are in) and provide enhanced, more personalized features. These Cookies can also be used to remember changes you have made related to accessibility (e.g. text size, fonts) and customization. They may also be used to provide services you have asked for such as watching a video. The information these Cookies collect may be anonymized and they cannot track your browsing activity on other websites.
• Advertising Cookies
These Cookies are used to deliver advertisements that are more relevant to you and your interests. They also help limit the number of times you see an advertisement as well as measure the effectiveness of the advertising campaign. They remember that you have visited a website and this information is shared with other organizations or advertisers.
Swift Media may use, combine and share anonymized or aggregated information obtained from Cookies with third parties such as vendors or advertising partners. For example, we may use information such as interests or preferences to group you with other people with similar interests or preferences and place you into a market segment. We may then display advertisements which we believe people in your market segment will find relevant. We may also share Information obtained from Cookies with third parties such as vendors or advertising networks in order to permit them to provide services on our behalf or to partner with us in selecting and serving advertisements for us or our advertising partners.
• Similar Technologies
Adobe Flash Player is an application that allows sites to deploy dynamic web content. For example, we may use Flash Cookies to deliver video content to you on our Properties. Adobe Flash and similar applications use technology to remember settings, preferences, and usage in ways that are similar to browser cookies, but are managed through a different interface than your web browser. You can access your Flash management tools from http://www.adobe.com/ directly to manage your Cookie settings.
From time to time, we may use web beacons (or clear GIFs) on our websites or other online properties or include them in the email messages we send you. Web beacons (also known as “web bugs,” “pixel tags,” or “pixels”) are small strings of code that provide a method of delivering a graphic image on a web page or in an email message for the purpose of transferring data. We use web beacons for many purposes, including site traffic reporting, unique visitor counts, advertising, email auditing and reporting, and personalization. For example, we may use these in emails to understand and analyze whether the email was opened or any links were clicked, in order to improve our future communications with you and other users. As a web beacon forms part of a webpage or email it does not have the same opt out options as other Cookies. Generally, you can render them ineffective by opting out of any cookies they set, by turning off images in your email service, or by viewing your emails as “text” rather than “HTML.” For more information on how to opt out of Cookies see the Managing Cookies section below, and for more information on how to turn off images in your emails or to view them as text see the “Help” section of your email service provider.
If you would like to find out more about Cookies you may find the following link useful: http://www.allaboutcookies.org/
You can review your options to manage Cookies by:
• clicking on the opt out links provided in the Cookie List below;
• opening the “Help” menu on the browser menu bar. Most browsers will tell you how you can disable or delete Cookies or set your browser to alert you when Cookies are being sent to your computer;
• visiting your mobile device developer’s website or reviewing your device manual. Most mobile device developers will tell you how you can manage the settings on your mobile device to opt out of and/or delete Cookies from your mobile device, or to limit the use of and/or opt out of targeted advertising; or
• visiting http://networkadvertising.org/managing/opt_out.asp and/or http://optout.aboutads.info/, or if you are in the EU http://www.youronlinechoices.eu/, for choices to opt out of advertising.
If you reject all Cookies, you may not be able to use certain features of our websites and other products and services.
By using the Properties you agree, and we will assume you consent, to receive Cookies unless you manage your cookie choices by one of the means set out above.
Please also note that the use of information obtained by third party providers listed in the Cookies List below through cookies placed by them is also subject to their own privacy policies. We encourage you to review the privacy policies of these third-party providers, as their privacy practices may vary from ours.