(Last updated April 30, 2013)
Personal Information That You Provide: We receive and store any information that you provide to us, either directly or through your use of our Services. For example, when you register with us, we ask you to provide certain Personal Information, including your name, email address, gender and password (unless you login through Facebook, which is discussed below). We also collect Personal Information from you through other sources, such as when you contact us with inquiries, respond to one of our surveys, or use certain Services.
Location Information: With your consent, we may collect two kinds of location information through your use of the Services on your mobile phone or device. To identify stores near you and to appropriately enable the Swirl In-Store service, we may gather location information through your mobile phone or device’s geolocation, GPS, or similar capabilities.
Furthermore, as part of the Swirl In-Store service, we may collect information about your location within participating stores through your mobile phone or device’s Bluetooth or similar capabilities in combination with technology implemented by and with our retail partners. We will only gather these kinds of location information if you agree to share them with us by opting-in within the Swirl App (either during your initial login or later) to receive the Swirl In-Store services and by enabling these capabilities on your mobile device. Once you have opted-in to receive the Swirl In-Store service and consented to our gathering of location information, the Swirl App will continue to collect location information until you log off (it will gather location information if it is running in the background) or use your phone’s or other device’s setting to disable your mobile device’s applicable geolocation, GPS, Bluetooth or similar capabilities for the Swirl App.
Facebook Information: If you initially login to the Services through the platform known as Facebook Connect using your Facebook login and password, you will be asked to grant us permission to access certain information from your Facebook account (“Facebook Information”). The Facebook Information we collect is limited to that information you have explicitly authorized us to access through the Facebook Connect platform.
Information Collected Automatically: When you utilize the Services, we may automatically collect certain information about your use of the Services, such as the page you requested, where you click on the page, and other information (“Information Collected Automatically”).
Aggregated Personal Information: In an ongoing effort to better understand our users, we may aggregate and compile Personal Information and other information we collect from our users in a way that does not personally identify any one user (“Aggregated Personal Information”).
Personal Information: The Personal Information we collect is used for such purposes as setting up and personalizing your account, enhancing our Service’s functionality or features, responding to your requests and communications, providing you with information about specials and stores, and to otherwise operate our business. We may also share certain Personal Information, such as names, email addresses or other profile information, with our business partners so that they may better serve you with offers or otherwise. Furthermore, some Personal Information may be made public, as discussed below.
Location Information: We treat and use Location Information as Personal Information.
Facebook Information: We treat and use Facebook information as Personal Information. We may also use Facebook Information for, among other things, registration and social networking within the service, and may share this information with other users to provide certain features or functionality.
Information Collected Automatically: We may use such information individually as Personal Information or we may pool it with other information to track, for example, the total number of visitors to the Services, the number of visitors to each page of the Services, and the domain names of our visitors' Internet service providers. To the extent that this information is Personal Information, we treat it as such.
Aggregated Personal Information: We may use aggregated information to conduct research on our end users’ demographics, interests and behaviors or to otherwise operate or improve our business and we may share this information with our affiliates, agents, business partners and other third parties, including our retail partners. As an example, we may provide to our retail partners information about when Swirl users visit their stores most frequently, which products are viewed and shared most frequently, and which parts of their physical and online stores are most frequently visited by our users. We may also disclose aggregated user statistics to describe our Services to current and prospective business partners and to other third parties for other lawful purposes.
Certain information that you provide to the Services is or will become publically available. This may include certain material, such as text, graphics, images, video, audio, data and other material (collectively referred to as the “Content”) that you submit through the Services (“User Content”), and which, by its nature, is accessible or intended to be accessible to other users of the Services. This may also include, for example, posts to public areas of the Service, such as bulletin boards, and Personal Information you provide or Facebook Information you authorize us to use which is displayed in your publicly available online profile. Because this information is publically available, it may be used or accessed by third parties, and we are not responsible for what these third parties do with this information. For this reason, we recommend that you exercise great care in determining what information you choose to make publicly available through the Services.
In addition to the foregoing, there are certain other circumstances in which we may share your information with certain third parties without further notice to you, including as set forth below:
Business Transfers: As we develop our business, we might sell or buy businesses or assets. In the event of a sale, merger, reorganization, dissolution or similar event relating to all or a portion of our business, assets or the Services, Personal Information or other information may be part of the transferred assets.
Service Providers, Agents and Related Third Parties: We sometimes hire other companies to perform certain business-related services for us. Examples include mailing information, maintaining databases, processing payments and providing consulting or other services. When we employ another company to perform a function of this nature, we may need to provide them with access to certain Personal Information or other information. However, we only provide them with the information that they need to perform their specific service for us.
Legal Requirements: We may also disclose your information if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend our rights or property, (iii) act in urgent circumstances to protect the personal safety of users of the Services or the public, or (iv) protect against legal liability.
We will communicate with you through email and notices posted on the Services. Communications relating to the proper function of your account will be sent to you through email as long as you maintain an account with us. We may also send you promotional information unless you have opted out of receiving such information either by clicking the "unsubscribe" link at the bottom of the email or by directly communicating with us. In response to particular offers or items you have selected, we may send you emails or messages through the Swirl App. You may manage these messages through the “Alerts” tab of the Swirl App.
You can use the Services without providing any Personal Information. You can also restrict the Personal Information we collect by doing such things as logging out of or uninstalling the Swirl App or turning off or preventing the Swirl App from using your mobile device’s geolocation, Bluetooth, or similar capabilities. However, taking these actions may prevent you from using certain features or aspects of the Services.
Through the Services, we provide you with access to update your profile and revise personal account information previously submitted through the Services. You may also contact us at any time to update your personal account information by emailing us at email@example.com.
The Services may contain references, links or interactions with other websites not operated or controlled by us ("Third Party Sites"). The policies and procedures we describe here do not apply to Third Party Sites, and these sites may independently collect information about you. Swirl assumes no responsibility or liability for the privacy and information collection policies of these third parties and we suggest contacting the providers of those sites directly for information on their privacy policies.
Users are solely responsible for maintaining the secrecy of their login, passwords, and account information. We are not responsible for any action taken by a third party using your login and password.
If you are a California resident, California Civil Code Section 1798.83 permits you to request information regarding the disclosure of your personal information by Swirl to third parties for the third parties' direct marketing purposes. To make such a request, please send an email to firstname.lastname@example.org.
If you do not accept this Agreement, you are not authorized to use the Services or the Swirl app. We may modify this Agreement at any time and such modification will be effective upon posting to the swirl.com website or the Swirl app, however we will endeavor to notify our users of any such changes via email or via notification when using the Services.
The Services include material, such as software, text, graphics, images, video, audio, data and other material (collectively referred to as the “Content”). The Content may be owned by us or others, including other users of the Services, or other third parties (the “Third Party Content”). Swirl Networks makes no claim of ownership in connection with Third Party Content and makes either licensed use or fair use of such content for the editorial, news reporting, or other transformative purposes of the Services. The Content is protected by copyright under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content and you may not use the Content except as permitted under this Agreement.
SWIRL is a trademark of Swirl Networks, Inc. All other trademarks referenced, depicted, or otherwise used in connection with the Services (the “Third-Party Trademarks”) belong to their respective owners or licensees and Swirl Networks is not affiliated with, sponsored by, or otherwise associated with such entities unless such a relationship is explicitly identified in the Services. The Third-Party Trademarks may not be used to disparage any applicable third-party, any of their products or services, or in any manner in which, in our reasonable judgment, may damage any goodwill in the Third-Party Trademarks.
The Services include links to, and content and data from, third-party websites (“External Sites”). These links, content, and data are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. In addition, the Services contain content posted, stored, or displayed at the direction of users of the Services, for which we cannot accept any responsibility or liability.
The Services are for personal use only and may not be used in connection with any commercial endeavors except those that are specifically approved by us. The following activities are expressly prohibited: (i) collecting usernames and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or other communications, (ii) any use of the Services, which in our sole judgment, degrades the reliability, speed, or operation of the Services or any underlying hardware or software thereof, and (iii) any use of the Services that is unlawful or in violation of this Agreement. Installing this app grants Swirl the right to send the identifiers for your device to third parties for the use of advertising.
By using the Services, you represent and warrant that you are 13 years of age or older. Your account may be terminated without warning if we believe that you are under 13 years of age.
Membership in the Services is subject, in our sole discretion, to termination at any time.
The Services may now or in the future permit the submission of Content at the direction of users of the Services (“User Content”) and the hosting, sharing, and/or publishing of such User Content. You understand that whether or not such User Content is published, we do not guarantee any confidentiality with respect to any submissions.
You shall be solely responsible for User Content you submit and the consequences of our posting or publishing such User Content. In connection with any User Content you submit, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Content to enable inclusion and use of the User Content in the manner contemplated by the Services and this Agreement; and (ii) you have the express consent, release, and/or permission of each and every identifiable individual person in the User Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Content in the manner contemplated by the Services and this Agreement. By submitting the User Content to us, you hereby grant us a perpetual, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, modify, display, and perform all or any portion of the User Content in connection with our operation of the Services and our (and our successors’) business, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Services a non-exclusive license to access your User Content through the Services, if you have permitted such access through your account settings, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Content as permitted through the functionality of the Services and under this Agreement. We may maintain copies of any User Content for purposes of backup, security, or maintenance, or as required by law.
In connection with User Content, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage us or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; or (v) impersonate another person. We do not endorse any User Content or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with any User Content. We do not permit copyright infringing activities or infringement of intellectual property rights through the Services, and we will remove all Content and User Content if properly notified that such Content or User Content infringes on another's intellectual property rights. We may remove any Content and User Content without prior notice. We may also terminate your access to the Services, if you are determined to be a repeat infringer. A repeat infringer is anyone who has been notified of infringing activity more than once and/or has had any User Content removed from the Services more than twice. We also reserve the right to decide whether Content or User Content is appropriate and complies with this Agreement for violations other than copyright infringement and violations of intellectual property law, including, but not limited to, pornography, obscene or defamatory material, or excessive length. We may remove such User Content and/or terminate your access for uploading such material in violation of this Agreement at any time, without prior notice and at our sole discretion.
If you are a copyright owner or an agent thereof and believe that any User Content or other Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
Our designated Copyright Agent to receive notifications of claimed infringement and other notices relating to User Content and/or violation of this Agreement (e.g., violations of criminal laws) is: Gretchen Fleming, c/o Swirl Networks, Inc./ Email: Gretchen@swirl.com. For clarity, only DMCA notices and notices relating to complaints in connection with User Content or violations of this Agreement should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be addressed to our standard support contacts as identified through the Services.
Your use of the Swirl app is subject to this Agreement as well as the Apple app Store Terms and Conditions and the Usage Rules set forth therein. You are hereby granted a non-transferable license to use the Swirl app on any authorized device that you lawfully own or control, for the sole purpose of accessing and using the Services under this Agreement.
The Swirl app and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights are reserved under the copyright laws of the United States.
Any use of the Swirl app beyond the scope of the foregoing license is strictly prohibited.
You agree to defend, indemnify, and hold us harmless from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement or your uploading of, access to, or use or misuse of the Content or the Services. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding. We reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
WE, OUR AFFILIATES, OUR PARTNERS, AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS, MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT (INCLUDING THE USER CONTENT), INCLUDING BUT NOT LIMITED TO ITS ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS, OR RELIABILITY.
NEITHER WE NOR OUR AFFILIATES OR PARTNERS SHALL BE SUBJECT TO LIABILITY FOR TRUTH, ACCURACY, OR COMPLETENESS OF ANY INFORMATION CONVEYED TO USERS OF THE SERVICES OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU AGREE THAT YOUR USE OF THE SERVICES, THE SWIRL APP, AND THE CONTENT IS AT YOUR OWN RISK.
WE MAKE NO WARRANTY THAT THE SERVICES OR THE SWIRL APP WILL OPERATE ERROR FREE OR THAT THE SWIRL APP, SERVICES, THEIR SERVER(S), OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE SWIRL APP OR SERVICES OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE SHALL NOT BE RESPONSIBLE FOR THOSE COSTS.
THE SWIRL APP, SERVICES AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WE HEREBY DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, MERCHANTABILITY, NON INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SWIRL APP, SERVICES OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF A WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. IN SUCH STATES, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.
This Agreement is governed by the internal substantive laws of the Commonwealth of Massachusetts, without respect to its conflict of laws provisions. You expressly agree to submit to the exclusive personal jurisdiction of the state and federal courts sitting in the City of Boston in the Commonwealth of Massachusetts. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Agreement, which shall remain in full force and effect. Failure by us to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you, this Agreement constitutes the entire agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.