NOTICE: LAST UPDATED: February 10th, 2020
www.swing.net IS INTENDED FOR CONSENTING ADULTS, OVER AGE 18, OR INDIVIDUALS THAT HAVE REACHED THE AGE OF MAJORITY IN THEIR APPLICABLE JURISDICTION, WHICHEVER IS OLDER.
Persons under the age of majority are not eligible to register for, use and/or purchase the services and/or products featured on www.swing.net (“Website”) and other websites we operate together with www.swing.net (together the “Website”) or to become a member. www.swing.net does not knowingly collect information from children under 18 years of age.
This Policy applies to customer information we collect through the Website. Your privacy is important to us and we want you to clearly understand how information provided by you, or collected during your use of the Website, is utilized to make your visit more enjoyable and to bring to you information and opportunities that may be of interest.
Information We Collect
We collect your information from the following sources:
- Information you give us, including through Website registrations, creation of profiles and other information voluntarily supplied by you through posting on the Website or engaging in media such as chat.
- Information automatically collected when you visit or use our Website, such as IP address, browser type and via cookies, analytic tools and third-party services in the same fashion as most other websites.
- Our Website collects certain information automatically, such as the type of mobile device you use and the location of your device. You must first provide permission through your device before the application obtains such location information from technologies like GPS.
How We Use and/or Disclose Your Information
- We use your information to enhance our provision of services to you. This includes sending icebreaker messages, viewing profiles, sending friend requests or gifts, commenting on content and marking content as hot (icebreaker actions) in the name and on behalf of these opted-in users.
- We may combine all the information we collect from users to determine ways in which our website and offerings can be improved.
- We may contact you by email for customer service purposes.
- We also use such information to protect you, other users and the integrity of our website against fraud or as may be required by law.
- To perform our contract with you, to pursue our legitimate interests or to comply with statutory requirements, it might be necessary to forward your personal data to the following categories of recipients: SSL providers, payment service providers, communication service providers or courts and authorities.
- Deletion of the user profile leads to deletion of all personal data (except for messages, transaction data and profile fields). All personal data will be automatically deleted after ten years of inactivity.
How We Protect Your Information
- We take appropriate technical and organizational measures in the interest of confidentiality and integrity of personal data. In accordance with our risk assessment, we implement admission controls in particular, but also access controls as well as procedures for regular checking, assessment and evaluation of the measures.
- When transferring personal data to third parties, adequate contractual clauses are in place.
- You have the right to request rectification, deletion or the restriction of processing of your personal data. Also, you can revoke your consent at any time (where such has been given). Note that exceptions or restrictions apply to these rights.
Information we collect
Information We Gather Automatically
Each time an individual visits the Website, our servers collect certain technical information, including, but not necessarily limited to, the visitor’s IP Address, referral data and browser/platform type. This information is recorded by the standard operation of our internet servers. We also count, track, and aggregate a visitor’s activity into our analysis of general traffic flows at the Website (e.g., tracking where traffic comes from, how traffic flows within the Website, etc.). The information collected in this regard either cannot identify who you are as an individual or is not used in that manner.
An “IP Address” is a number that is automatically assigned to your computer or by your internet service provider whenever you are surfing the internet. We may use your IP addresses in cooperation with your internet provider to identify you if we feel it is necessary to enforce compliance with our Terms or to protect our service, the Website, registered users, members, affiliates or other third parties. An IP address can also provide some information concerning your whereabouts. We do this by converting your IP Address into a rough geographical location. We may merge information about visitors and the number of visits into group data, which may then, at our discretion, be shared on an aggregated basis with our third-party advertisers/affiliates. In those circumstances, your individual personal information is not disclosed, nor under those circumstances will we disclose your individual identity or personally identifiable data without your permission.
Information Related To Your Mobile Device
In order to improve our services, we may collect and store information related to your mobile device. In some cases, either we, or our mobile analytic provider, may receive, generate, or assign your mobile device a unique identifier. Our Website collects certain information automatically, such as the type of mobile device you use and the location of your device. You must first provide permission through your device before the application obtains such location information from technologies like GPS.
Required And/or Optional Information For Becoming A Registered User And Member
When any adult registered user logs on to the Website as a member of this Website, the registered user and/or member must provide certain personal, as well as demographic, information which may include, but is not necessarily limited to, their name, address, age, gender, e-mail address, username and password, height, body type, sexual and personal interests or affiliations and geographical location. This Website collects any and all such information and includes it in its customer database. The minimum data needed to create an account on the Website is your gender, sexual preference, age, geographical location, email address, username and your password. The choice to provide us with further personal information is always yours. However, your decision to withhold particular information may result in limiting our ability to respond to your inquiries or provide you with the Services you requested. Demographic information may be compiled and shared in the aggregate with third parties. Note that, during the membership process, third-party billing service providers will collect personally identifiable information required to process payments for the Website’s services. We retain the information needed to correctly identify you and your payment(s) with these third-party billing service providers. The Website does not control any and all additional information gathered by third-party billing service providers. As such, please review the applicable third-party billing service provider’s Website for its own policies governing the collection and usage of such information.
Profile Information That You Provide and User Content
We encourage registered users to fill out their profiles as completely as possible. Any communications from other registered users are done via our internal systems, which are used to match the message to you and generate an e-mail notification without disclosing any information aside from your chosen screen name. Accordingly, other registered users may not obtain your personal contact information such as your name, email, or telephone number unless you share it with them. However, any and all personally identifiable information that you: (i) enter into your profile; (ii) include in communications with other registered users or members; (iii) disclose in any media (e.g., text, chat streams, graphical, audio, visual, or audio-visual); or (iv) post or display on the Website is indeed accessible by other registered users and members of the Website. We are therefore not responsible for the disclosure of your personal information in this manner, nor are we liable for any other privacy-related claims or issues arising from your own voluntary disclosure, posting or transmission of personal information via the Website. You hereby acknowledge and agree that you shall be solely responsible and liable for any and all damages, liability and/or other consequences, foreseen or unforeseen, of all information which you submit, publish, display, disseminate, or otherwise communicate through the Website even if a claim for damages or liability should arise after termination or cancellation of our services.
How We Use Your Information
The personally identifiable information obtained from our users is used in a variety of ways.
- It may be used to create, modify, and maintain the personal profiles of the users, to serve search utilities, to implement the functionality of the web site, to track usage, to target advertising, and to make the use of its Services enjoyable and rewarding for everyone involved in it.
- We may use and disclose any information to anyone, when, in our judgment, it is necessary or expedient to do so for the protection of individuals’, other users’ or the publics’ property.
- We may transfer any or all of the information to any successor in interest in connection with the sale of the Website, the Services, or of a substantial part of our assets.
- We may request to send you push notifications via the mobile application. If you wish to opt-out from receiving these types of communications, you may turn them off in your device’s settings or contact support, so that we can give you further instructions, how to do so.
- We do not share, rent, or sell your personal information with any third-parties for marketing purposes unless you have explicitly opted-in to do so.
- We participate in interest-based advertising in order to enhance our services. Interest based advertisements are ads that are served to you based on your browsing behavior. The goal is to show you ads more tailored to your interests. Advertisements may relate to our site or to others. In addition, we belong to ad networks that may use your browsing history across participating websites to show you interest-based advertisements on those websites. You may see ads on participating websites based on how you browse our website and those sites.
Once you delete your profile, everything will be deleted right away and forever, except for your messages, your transactions and profile fields. We will delete your data after 10 years from your last interaction in your account, unless we have a legal obligation to retain your data or need this data to defend or enforce our rights.
As part of the Services, you may occasionally receive emails and other communications from us. Administrative communications relating to your Account (e.g., for purposes of Account recovery or password reset) are considered part of the Services for your Account, which you will not be able to opt-out from receiving. We also may send you other kinds of emails, such as promotional emails concerning our products, of which you can opt-out by using the “Opt-Out” link in the emails themselves or going to the account section of your profile https://www.swing.net/de/account. For visitors located in the United States, you agree that registering or providing personal information to us constitutes consent, notwithstanding that your telephone number may be listed on the Federal Trade Commission’s Do-Not-Call List, that we or our designee retain the right, and you hereby expressly authorize us and/or our designee, to contact you via telemarketing or text messaging.
Website And Member Communications
Members of the Website can directly communicate with other members through messaging services that are part of the services we provide at the Website (e.g., mail, chat, or via comments). We may use personally identifiable information within your profile to send notifications of these communications to you.
The Website also directly communicates with registered users and members through e-mail, instant messaging, and in some cases, downloaded executables thereby allowing our registered users and members to receive information when they are not on the Website. Our registered users and members can thereby remain current on internal communications and updates from other registered users, members or from us directly. We have a legitimate interest to use personally identifiable information within your profile to send information to you that, in some cases, is targeted to your interests, such as special banners and promotions. If you do not want us to send you information on other third-party services or products, please contact us.
Explanation of the Use of Application Data and User ID
Google may use the Data collected to contextualize and personalize the ads of its own advertising network. In that regard, Google Analytics makes use of a feature called user ID. This setup allows for a more accurate tracking of users by associating that user with the same ID over various sessions and devices. It is set up in a way that doesn’t allow Google to personally identify an individual or permanently identify a particular device.
To Whom We Forward/Disclose Your Information
To perform the contract, to pursue our legitimate interests or to comply with statutory requirements, it might be necessary to forward your personal data to the following categories of recipients: SSL providers, payment service providers, communication service providers or courts and authorities. When forwarding your data to third-party service providers, we ensure that there are adequate contractual clauses in place in order to safeguard the personal data transferred.
In order to perform the contract with you or to pursue our legitimate interests, we sometimes hire other companies to present offers, products, contests, or other services or events of interest to our members and registered users. Service Providers may assist us, by way of example, in sending emails, maintaining databases, or providing hosting services. When we employ a Service Provider to perform a function of this nature, we provide it with the information that it needs to perform its specific function, which may include personal data and other information that you provide to us via the Website.
Disclosure to Third Countries
Personal data that we collect in the EU/EEA or in countries recognized by the European Commission as providing an adequate level of data protection will only be transferred to countries outside the EU/EEA that have not been recognized by the European Commission as providing an adequate level of data protection on the basis of a Privacy Shield certification (e.g. our hosting provider) or Standard Contractual Clauses adopted by the European Commission.
The Security Of Your Information
Consistent with the policies set forth herein, the Website has adopted and implemented reasonable, appropriate and technologically feasible procedures for maintaining the security, accuracy and integrity of all personal information relating to registered users or members that is collected by the Website to prevent unauthorized access, disclosure, modification, loss or unauthorized destruction of data.
Your registration and member information is protected by a password for your privacy and security. We may enable additional security features in the future, in our sole discretion. You need to prevent unauthorized access to your account and information by creating a unique, secure, and protected password and limiting access to your computer and browser by signing off after you have finished accessing your account on the Website. We seek to protect your information (including your account information) to ensure that it is kept private; however, we cannot guarantee the security of any information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information at any time.
All registered users or members should consider any information provided to or collected by the Website as non-confidential, and consequently the Website assumes no liability or responsibility if any information relating to any subscriber is intercepted and/or used by an unintended recipient.
Your Rights Regarding the Processing of Your Data Information
You have the right to know whether we process your personal data and where that is the case, you have the right to access to this personal data. You may demand the correction of your incorrect or incomplete personal data processed by us. You may request deletion of your personal data stored by us. You may obtain a restriction of processing if (i) the accuracy of your personal data is disputed, (ii) its processing is unlawful but you oppose its erasure, (iii) we no longer need your personal data, but are required to keep it in connection with legal claims, or (iv) pending verification of whether our legitimate interest in the data processing override your privacy interests. You further have the right to data portability and the right to revoke a consent you have given. If you revoke your consent, we will no longer process your personal data based on this consent for the future. Please note that your rights are subject to exceptions or derogations. Where legally permitted to do so, we may refuse your request to exercise these rights. Specifically, we may need to further process and retain your personal data to perform a contract with you or your company or organization, to comply with legal obligations or to protect our own legitimate interests. However, you have the right to lodge a complaint with the supervisory authority if you are under the impression that we unlawfully processed your personal data. If we process your personal data based on legitimate interests, you have the right to object to this processing on grounds related to your particular situation or you may object against direct marketing.
To stop receiving future communications from us or to opt out of having your personal information shared with third parties, please send us your registration information and e-mail address. To cancel your registration and/or membership, please contact us with your registration information and e-mail address. If your personal information changes, or if you no longer desire our services, you may correct, update or cancel your registration and/or membership, and/or deactivate your account, by contacting us.
We endeavor to maintain a platform free from content related to violence or any other illegal activities. A team of content reviewers therefore reviews all posts, photos and videos before being published on the Website. Any material not compliant with our standards will be blocked from being published and deleted subsequently.
Data Protection Officer
The contact details of our data protection can be found here: contact us.