Swirl by DailyCandy ("Swirl") is concerned about your privacy and wants you to be familiar with how it collects, uses and shares your information. Swirl collects some or all of the following information whenever you sign up for or use the various Swirl services and products, including without limitation the Swirl Web site, the DailyCandy Web site and any other Web site owned or operated by DailyCandy Commerce, LLC (each a "Site"), mobile service, telephone service, applications and/or whenever you purchase products or other services offered by DailyCandy Commerce/Swirl (collectively, the "Service"). Some of this information is collected automatically and some is collected only when you provide it voluntarily.
A SPECIAL NOTE ABOUT CHILDREN
Swirl is not designed or intended for use by children under 13. If you are under 18, you should use Swirl only with involvement of a parent or guardian. Children under 13 may not submit any Personally Identifiable Information (as defined below) to us, and if we discover that we have inadvertently gathered any such information from a child under 13, we will take appropriate steps to delete it.
ANTI-SPAM POLICY
Swirl is 100% opposed to unsolicited commercial email ("spam"). We do not have any desire to send unsolicited marketing emails to anyone without permission and we do not sell or provide email addresses to any unauthorized third party in violation of this Privacy Policy. If you receive any unsolicited emails from spammers, please be assured that Swirl did not provide your email address to such parties.
This does not mean that we can prevent spam from happening on the Internet. Unfortunately, spammers obtain email addresses in a number of ways including when you respond and ask to be taken off a spam email list, and in some cases by just generating emails to millions of random email addresses in the hopes of getting a few "live" ones. Please be assured that at Swirl we hate spam as much as you do, and we do our best to avoid contributing to it.
All of our newsletters and other general email marketing communications include an "unsubscribe" opt-out link that you may use to ask that we discontinue such emails to you. Even if you opt out of our newsletter or other marketing communications, however, we may still send you certain transactional or administrative emails, such as email confirmations of purchases, or emails regarding changes to your membership account.
All that being said, if you believe you have gotten unsolicited email from us, please contact us and we will investigate. Please be assured that we strive not to contact anyone for marketing purposes without permission, and if you prefer not to receive any further marketing communications from us just tell us and we'll try to make sure you never hear from us again.
WHAT TYPES OF INFORMATION DOES SWIRL COLLECT?
Personally Identifiable Information
Personally identifiable information is information that identifies you as an individual, such as your name, mailing address, phone number, email address, credit/debit card number and expiration date (or other payment-method information), and member name and password ("Personally Identifiable Information"). When you sign up for or use the Site or other Service, Swirl collects some amount of Personally Identifiable Information from you. Swirl also collects Personally Identifiable Information that you may voluntarily provide when you use the Site or other Service (such as a rating/review page, message board or chat room), that you may disclose in a public area of the Site or other Service or that you may include if you communicate with Swirl.
Non-Personally Identifiable Information
Swirl collects information from you automatically when you use the Site or other Service. However, the information that Swirl collects automatically does not contain Personally Identifiable Information. The automatically collected information may include information such as your browser type, the URL of the previous Web sites you visited, the Web pages and advertisements you view or select, the type of Service you use and the searches you conduct. This information also may include your product preferences, such as the products that you buy and/or share with your friends. Swirl also collects information that does not include Personally Identifiable Information when you voluntarily provide it (such as in response to a questionnaire or survey) or post it to a public area of the Site or other Service (such as a rating/review page, message board or chat room).
HOW DOES SWIRL AUTOMATICALLY COLLECT INFORMATION?
Cookies
A cookie is a message that is sent to your computer from a Web server and stored on your computer's hard drive. Swirl's cookies contain Personally Identifiable Information, such as your member name and your email address. Swirl uses cookies to allow you to log in automatically and to ensure that you have agreed to the terms, conditions and policies that govern your use of the Site or other Service.
IP Address
An IP address is a number that is assigned to your computer automatically when you use the Internet. Swirl logs your IP address when you use the Site or other Service. Swirl uses your IP address to track your use of the Site or other Service.
Pixels
Pixels, also called clear GIFs, are invisible files on Web pages that you visit. When you visit a page on the Site that contains a pixel, the pixel communicates with your computer to determine, among other things, whether you have been to that page before or viewed a particular advertisement. Swirl uses pixels to serve advertising, enhance email advertising, and track usage of the Site or other Service.
Other Methods
Where authorized and as permitted by FTC guidelines and all other applicable laws, rules and regulations, Swirl may also use or allow the use of web beacons, trusted vendors and other third party companies who may gather data for purposes of advertising and/or to report website traffic and statistics. Swirl may also use other monitoring technologies to gather anonymous statistics about our website visitors.
HOW DOES SWIRL USE THE INFORMATION?
Personally Identifiable Information
Swirl uses your Personally Identifiable Information to notify you of changes to the Site or other Service, to let you know about product or other purchase opportunities, and other products or services you may be interested in, and to request your participation in surveys or other promotions. You can choose not to receive certain communications from Swirl as described in the section below entitled "Opting Out." Swirl also uses your Personally Identifiable Information to process and fulfill your purchases, provide you with information that you request, and deliver content to you that is relevant to your interests.
Aggregate Information
Swirl also combines your usage information for the Site or other Service with that of other users to determine which features and areas of the Site or other Service are most popular. By collecting and analyzing this data, Swirl can improve the Site or other Service. This "Aggregate Information" does not contain any of your Personally Identifiable Information.
WHO DOES SWIRL SHARE INFORMATION WITH?
Aggregate Information
Swirl shares aggregate information with potential partners, advertisers, investors and other interested third parties in connection with the marketing of the Site and other
Services. However, Aggregate Information does not include any of your Personally Identifiable Information.
Selling and Renting Information
Swirl does not sell or rent your Personally Identifiable Information to third parties. However, in the event that you expressly opt in via the Site or other Services to receive particular products or services, or information about products or services that are offered by third parties, or otherwise authorize us to do so, we will share your Personally Identifiable Information with those third parties as appropriate for those limited purposes. Swirl may also share with those same third parties certain limited personal information that, without other information, does not specifically identify you.
Sharing with Social Networks or Other Sites You May Authorize
If you are a member of a social network service (such as Facebook, MySpace, etc.) or you use other Internet sites where you have authorized them to gather information about your online behavior on Swirl (for instance, to notify your friends that you have purchased a certain item), including participation in any behavioral reporting program that they may operate on or off of their own site (i.e., Facebook Beacon, etc.), Swirl may share information regarding your activities on the Site or other Service with those third parties pursuant to your authorization, and they may associate that information with Personally Identifiable Information they already have about you (such as your Facebook Profile) and use it to improve their site or services or for other purposes. Swirl does not control the privacy policies of such third parties, and their privacy policies will govern their use of your information once it has been transmitted by Swirl. Swirl assumes no responsibility or liability for the actions of such third parties with respect to their use of your information or otherwise. Accordingly, make sure you are aware of and comfortable with the privacy policies of any third parties that you authorize to gather information from Swirl.
Other Sharing
Swirl may also share cookies and pixels with trusted service providers or other third parties to customize your experience on the Site or other Service or to provide you with more relevant information or otherwise improve your experience on other Web sites, but those third parties will not contact you directly. Swirl may disclose your Personally Identifiable Information to third parties to the extent required to fulfill your orders placed on the Site. Swirl may transfer the Personally Identifiable Information it collects to any affiliates (including our parent company, Comcast Corporation and its affiliates), trusted business partners or joint venturers, or successors in interest to Swirl, such as a company that acquires Swirl. Swirl may also disclose your Personally Identifiable Information if it determines that an applicable law, regulation or legal process requires it, or if Swirl determines that it needs to share such information to protect or enforce Swirl's rights or the rights of another user.
WHAT OPTIONS DO I HAVE TO CONTROL THE USE OF MY INFORMATION?
Receiving Communications and Opting Out
You can "opt out" of receiving certain communications from Swirl and our partners by opening your registration confirmation email or any other marketing email received from Swirl and following these steps:
- Open the email you received. At the bottom of the page you'll see a link that says, "To adjust your email preferences or to unsubscribe from email advertisements from SWIRL, please click here".
- Click on that link.
- There are two buttons: The first one is to "Opt out" of your Swirl membership, the second is to be "Removed from all lists".
- Read the distinctions between the two buttons, make your choice, then click that button.
- That's it. You're done.
Correction and Deletion of Information
You can obtain a copy of your Personally Identifiable Information from Swirl's customer support or by contacting Swirl at the mailing address below. For your protection, you will be required to provide proof of your identity to obtain a copy of your Personally Identifiable Information. You may correct any errors in your Personally Identifiable Information by providing Swirl with the correct information. In addition, Swirl will delete all of your Personally Identifiable Information (except for your transaction history) from our records upon your request. If you choose to delete your Personally Identifiable Information, you may not be able to access some areas of the Site or other Service.
DailyCandy Commerce, LLC
Attn: Privacy Policies
12200 West Olympic Blvd, Suite 150
Los Angeles, CA 9006
WHAT ELSE SHOULD I KNOW ABOUT PRIVACY?
Security
We maintain security measures in place in order to attempt to protect against the loss, misuse and alteration of the Personally Identifiable Information under our control. Please be advised, however, that the Internet and other various networking communication media are not entirely secure, and your information may therefore be subject to interception or loss which is beyond our control. Accordingly, Swirl assumes no responsibility or liability for disclosure of your information (personally identifiable or otherwise) due to errors in transmission, unauthorized third-party access or other causes beyond Swirl's reasonable control.
Third Parties
Swirl does not control the privacy policies of Swirl's advertisers or other third parties that have Web sites linked to the Site or other Service or with whom we may share your information in accordance with this Privacy Policy. If you click on an advertisement or link, the privacy policies of the Web site that you link to will govern the use of your information by that Web site's operator. Swirl assumes no responsibility or liability for the actions of such third parties with respect to their use of your information or otherwise. Accordingly, make sure you are aware of and comfortable with the privacy policies of any third-party Web sites you link to.
Disclosure of Information in Public Areas
If you voluntarily disclose Personally Identifiable Information in a public area of the Site or other Service, such as a rating/review page, chat room or message board, that information may be collected and used by a third party to send you unsolicited messages, advertisements or for other purposes. Swirl does not control the actions of users in public areas of the Site or other Service. If you disclose Personally Identifiable Information in a public area, you do so at your own risk.
YOUR CALIFORNIA PRIVACY RIGHTS (California residents)
California Civil Code Section 1798.83 permits our visitors who are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an e-mail to caprivacyrights@swirl.com or write to us:
DailyCandy Commerce, LLC
Attn: California Privacy Rights
12200 West Olympic Blvd, Suite 150
Los Angeles, CA 90064
ACCEPTANCE OF PRIVACY POLICY
When you use the Site or other Service, you are accepting the terms and conditions of this Privacy Policy, and Swirl will have the right to use your Personally Identifiable Information or other information about you as described in this Privacy Policy. If you do not agree to have your information used in any of the ways described in this Privacy Policy, you must not use the Site or other Service and you must follow the opt-out provisions above. Swirl reserves the right to modify this Privacy Policy at any time. Your continued use of the Site or any Service after Swirl either personally notifies you or generally posts such changes on www.swirl.com will constitute your acceptance of those changes. If you have questions or concerns about this Privacy Policy, please contact customer support (URL) or write to Swirl at:
DailyCandy Commerce, LLC
Attn: Privacy Policies
12200 West Olympic Blvd, Suite 150
Los Angeles, CA 9006
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