SWITCHER, INC.
Privacy Policy

Last Updated: April 18, 2017

This privacy policy (“Privacy Policy”) applies to all websites or domains or applications owned or operated by Switcher, Inc. (“Switcher Studio”) (individually or collectively, the “website”), as well as the collection of information through other means.  The purpose of the Privacy Policy is to disclose to you what information we may collect, how Switcher Studio may collect it, with whom we may share it, and certain other matters related to such information, including the choices you have regarding our collection of information and our use and disclosure to other parties of information we may have collected from you.  The terms “We,” “Us,” “Our,” and “Switcher Studio” refer to Switcher, Inc., a Delaware corporation.

By accepting Our Privacy Policy and Website Terms, Conditions and Notices on this website, you consent to Our collection, storage, use and disclosure of your personal information as described in this Privacy Policy.

The website is operated by Switcher Studio.  We have contracted with third parties, and may contract with additional third parties in the future, to operate certain aspects of the website on Our behalf or to provide other services to us including marketing services and data analysis.

 

Information Collection

We respect the privacy of your information. We provide this explanation about our information practices both online and offline as a show of our commitment to protect your privacy.  This policy describes the types of information We may collect from you or that you may provide when you visit the website, www.switcherstudio.com, and Our practices for collecting, using, maintaining, protecting and disclosing that information.

This policy applies to information we collect:

• On this website.
• In e-mail, text and other electronic messages between you and this website or Us, or our mobile application, including on forms you fill out online.
• Through Our mobile or desktop applications you download, which provide dedicated non-browser-based interaction between you and Switcher Studio or this website.
• When you interact with our advertising and applications on social media or third-party applications, websites and services, if those applications or advertising include links to this policy or of information from social media or third parties.
• When you contact Us by email or by telephone, if available, regarding Our services, including in connection with “Help” inquiries.

This policy does not apply to information collected by any third party, including through any application or content (including advertising) that may link to or be accessible from or on the website.

When this Privacy Policy uses the term “personally identifiable information” or “personal information,” We mean information that identifies a particular individual, such as your name, street address or email or IP address and may include information on location of your devices using Our services or products. When other information is associated with personal information, it may also become personally identifiable information for the purposes of this Privacy Policy.

 

YOUR ACCEPTANCE OF, AND CHANGES TO, THE PRIVACY POLICY

By using the website, you signify your agreement to the terms of this Privacy Policy. This is Our current policy, but We reserve the right to change our website and this policy at any time. You should check this Privacy Policy periodically.  If We make a material change to the way in which We collect, use and/or share your personal information, We will post a notice on the website and may send an email to users who have provided an email address. We will assume that you have given your permission for your information to be used under the terms of the Privacy Policy, as modified, if you do not respond to the email, if an email is sent, within 30 days or continue to use the website 30 days after a notice is posted. Please note that you should always update your personal information to provide Us with a current email address.

 

INFORMATION WE MAY COLLECT

Information You Provide Us

In the course of using the website, We may ask you to provide Us with certain information, including contact information, such as your name, mailing address, email address, phone number or fax number; unique identifiers, such as your user ID, or user password; demographic information, such as your date of birth or age; and financial information, such as your credit card number or similar information.

We may also offer you the option to complete a user profile that is visible to other users of the website. Your user profile may include: a profile photo; username(s); your gender; biographic details that you provide; links to your profiles on various social network sites; and a Switcher Studio user ID number that is created by Us and used to identify your profile.

The Switcher Studio user ID number used to identify your account and profile, if any, will be public and appear in the URL of your profile page, but will only permit access to information that is considered public or that you have designated as public in your settings.

Your first and last names and profile picture may be considered “public” on the website and search engines may index this publicly available information. When We offer profiles, We will also offer functionality that allows you to opt-out of public indexing of your public profile information.

You are responsible for any personal data or other information or content that obtained, published or shared through Our services or products.  You confirm that you have the third party’s consent to provide the data, information or content.

 

Information We Receive or Collect When You Access Our Website on Mobile Devices

If you access Our website on your mobile telephone or other mobile device, including iPads and tablets, We collect your mobile device identifier and IP Address. We may create and assign to your device an identifier that is similar to an account number. We may collect the name you have associated with your device, device type, telephone number, country and any other information you choose to provide, such as user name, character name, geo-location or e-mail address. As you are likely to access Our services or products with more than one device, We track data from all devices that you use and aggregate it in your customer profile and elsewhere in Our system.  We may also access your contacts to enable you to invite friends to join you in the chatroom.

 

Payment Information

If you purchase products or services from Switcher Studio, We will collect the billing and financial information necessary to process your charges, which may include your postal and e-mail addresses.  We may also receive the billing and payment information that you provide if your purchase is processed by another party. Our Website Terms, Conditions and Notices describe Our policies and terms relating to Our charges and payment practices. Please note that purchases of third party credits or currencies, like Facebook Credits, may also be subject to additional policies.

 

Email Communications

When you open emails from Us, We may receive a confirmation notifying Us that you opened the email. We also may keep track of what emails We send you and what emails you may be receiving from any of Our affiliates. Additionally, We keep a record of what communications you have selected to receive or not to receive. If you would like to opt-out of receiving such emails, please click on the “unsubscribe” link in the email and follow the instructions.

 

Social Network Site (SNS) Notifications/Text Message

We receive and store the information you provide, including your mobile telephone number, when you opt in to have SNS notifications/text messages sent directly to your mobile phone. If available, these messages notify you of specials or other matters. You can adjust the types of notifications you receive and when you receive them by editing your SNS notification settings.  If you no longer wish to receive SNS text messages from us, please log in to your account and change your settings or click on the “opt out” link contained in an SNS message received by you.

 

Information about You Received from an SNS

When you access Our website through an SNS, such as Facebook, you allow Us to access and import certain information from your profile for that SNS which may affect the privacy settings you establish on the SNS.  You can find out more about the settings on the SNS.  For example, We may access and store some or all of the following information depending on your settings and the SNS:

• your first and last name;
• your profile picture or its URL;
• your user ID number, which is linked to publicly available information such as name and profile photo;
• the user ID numbers for your friends who participate in Our chatrooms;
• the login email you provided to the SNS when you registered;
• your physical location and that of your access device;
• your gender;
• your birthday; and
• where and when you stream or upload a video or other content to a third-party service such as Facebook or YouTube.

By entering Our website through an SNS, you are authorizing Us to collect, store and use any information that the SNS provides to Us through the SNS interface with Switcher Studio.  You agree to this when you “accept or “allow” (or similar term) one of Our applications on the SNS.

 

Website Usage Information

We may receive and store certain types of internet usage information whenever you visit the website, such as your click-stream data and your IP address. See “IP Addresses and Click Stream Data” below.  We may review and collect metadata which means information related to items which are made available through the website or app such as the date, time or location that a scanned photograph or video was taken or posted.  We use Google Analytics to collect and process data.  See the Google website for information or how Google collects and processes data in the section “How Google uses data when you use our partner’s sites or apps” located at www.google.com/policies/privacy/partners/.

 

Information from Other Sources

We may receive information about you (e.g., missing street number) from other sources and add it to your personal information.

 

HOW WE COLLECT INFORMATION

We may collect information from you in several different areas on the website, as well as through Our apps, including but not limited to those described below.

 

Registration

You may be asked to complete a registration form and provide personally identifiable information; you may also be asked to choose a user ID and password in order to use the services or products or to take advantage of certain features the website may choose to offer, such as contests. Your decision to register is voluntary and you will have the opportunity to decide whether or not to disclose information to Us and what communications you would like to receive.  However, please be advised that many products and services available on the website require registration and if you elect not to provide such information, you will not be able to take advantage of those products and services.

 

Contests or Sweepstakes

We may periodically operate contests and sweepstakes through the website that will require registration or the submission of personal information. Your personally identifiable information would be used to contact you for winner notification, prize delivery confirmation or other related purposes (see the rules of the specific contest for details).

 

Surveys or Voting

From time-to-time, We may request personally identifiable information from you in conjunction with a survey or voting poll. Participation is voluntary, and you will have the opportunity to decide whether or not to disclose information.

 

Chatrooms; Blogs

You may be able to take part in certain activities on the website that give you the opportunity to communicate or share information with other users of the website as well as Switcher Studio.  We may record and store archives of these communications. You acknowledge and consent to the recording and storage of such communications.

 

Browser Cookies

As with many websites, the website uses a technology called “cookies.” A cookie is a collection of information that gets stored on the hard drive of your computer when browsing the Internet. These small bits of code automatically identify your browser to the website whenever your computer is used to visit the website. Cookies also let Us know how many people visit the website and where visitors go on the website, as well as non-personally identifiable information, like how many times or how long a user has been on certain pages. For registered users, cookies can make using the website easier for you by saving information such as your passwords or preferences. By tracking how and when you use the website, cookies help Us determine which areas are popular and which are not.  Improvements and updates to the website may be based on data obtained from cookies. Accepting cookies allows you, among other things, to personalize your experience on the website. Cookies may also allow the website to present to you advertising which may be of interest to you. If you do not want information collected through the use of cookies, your browser should contain an option that allows you to disable or delete cookie data at any time.  Note that even if you disable or delete cookies related to Our website, We may still be able to recognize users of the website by cross-referencing other data We collected.  Some areas of the website, however, may not provide you with a personalized experience if you have disabled the use of cookies.

 

Flash Cookies/Local Shared Objects (LSOs)

We may use local shared objects, also known as Flash cookies, to store your preferences such as volume control or display content based upon what you view on Our site to personalize your visit. Third parties, with whom We may partner to provide certain features on Our site or to display advertising based upon your Web browsing activity, use Flash cookies to collect and store information.  Flash cookies are different from browser cookies because of the amount of, type of, and how data is stored. Cookie management tools provided by your browser will not remove Flash cookies. To learn more about and how to manage settings for Flash cookies, you can visit adobe.com.  Disabling cookies may affect features or functionality of the website.

 

Web Beacons and Other Tracking Technology

The website may use a variety of technical methods for tracking purposes, including Web Beacons. Web Beacons are small pieces of data that are embedded in images on the pages of websites. We also may use these technical methods to analyze the traffic patterns on the website, such as the frequency with which Our users visit various parts of the website. These technical methods may involve the transmission of information either directly to Us or to another party authorized by Us to collect information on Our behalf. We also may use these technical methods in HTML emails that We send to determine whether the recipients have opened those emails and/or clicked on links in those emails. The information from use of these technical methods may be collected in a form that is personally identifiable.

Some web browsers (including Safari, Internet Explorer, Firefox and Chrome) incorporate a “Do Not Track” (DNT) or similar feature that signals to digital services that a visitor does not want to have his/her online activity tracked.  If a digital service that responds to a particular DNT signal receives the DNT signal, the browser can block that digital service from collecting certain personal information about the browser’s user.  Not all browsers offer a DNT option and DNT signals are not yet uniform.  For this reason, We and many other digital service operators may not respond to DNT signals.  For more information about DNT signals, visit http://allaboutdnt.com.

 

IP Addresses and Click-Stream Data

We may collect IP addresses and/or click-stream data. An IP address is a number associated with the service through which you access the Internet, like your ISP (Internet service provider), your company or your university. Standing alone, your IP address is not generally personally identifiable. At times, We also use IP addresses for purposes of system administration and to report aggregate information to Our advertisers and sponsors, for example regarding the frequency with which Our guests visit various parts of the website. We may combine this information with personally identifiable information We obtain from you directly on the website, or from third parties.

Click-stream data is information collected by Our computers when you request pages from the website.  Click-stream data may include such information as the page served, the time, the source of the request, the type of browser making the request, the preceding page view and other such non-personal information. When analyzed, this data helps Us analyze how visitors arrive at the website, what type of content is most popular, and what type of visitors in the aggregate are interested in particular kinds of content and advertising.

 

Transaction Information

If you conduct a financial or other transaction on the website, such as purchase services or products offered on the website, We will ask you to complete an order form that will request certain information from you, including contact information and financial information.  We may also request demographic information.  In some instances, We may direct you to a third party vendor site to collect this information from you directly. Even though the collection form may have the look and feel of Our website, please be aware you will be giving your information directly to the third party vendor, and that in some instances such third party vendor’s privacy policy will govern the collection of your personal information. Please reference the privacy policies available from these pages for any privacy related concerns.

We and/or Our vendors will use this information to complete the financial or other transaction that you have requested, i.e. to deliver the information, services or products that you request or purchase and to collect funds or invoice you.

 

HOW WE USE THE INFORMATION COLLECTED

We own the information collected on or through the website or apps. As applicable, the information you provide to Us may be used to:

• create your account and allow you to create a trial or purchase services or products;
• identify how you use videos or other items created using Our services or products;
• identify and suggest connections with other users of the website;
• enable user to user communications;
• contact you about the website, technical support, your account or other inquiries;
• provide you with services or information you have requested or products or services you have ordered;
• prevent fraud or potentially illegal activities and monitor and enforce Our Website Terms, Conditions and Notices;
• inform you of a prize you may have won;
• notify you of website updates;
• monitor or improve the use of the website or solicit input and feedback;
• locate you online, such as when you visit or log into websites or mobile applications;
• link to online identifiers or IP addresses assigned to you and to other demographics or interest-based data in order to target you with relevant advertising, including Our services or products;
• deliver, customize and target the advertising and content you see; and
• send promotional material or special offers on behalf of Ourselves, Our marketing partners and/or their respective affiliates and subsidiaries and other third parties.

 

SHARING YOUR INFORMATION

At times, as described below, your personal information may be shared with others for various purposes:

• Friends and Other Users of the Website:  A chatroom, for example, supports and encourages interaction among users.  Access to a user ID number may allow others to view public information associated with that number.
• Agents:  We employ other businesses and individuals to perform functions on Our behalf. Examples may include fulfilling orders, website analysis, analyzing data, providing marketing assistance, processing credit card payments, providing customer service and storing data or information on third party servers. These businesses or individuals may have access to personally identifiable information needed to perform their functions.  Their use will be subject to their privacy policies.
• Interest Based Advertising and IP Targeting:  We may work with data providers to serve advertising to you through display media or other methods.  These providers may use personal information that We have collected or that you have provided to locate you online, such as when you visit or log into websites or mobile applications.  This information may be linked to online identifiers or IP addresses assigned to you, and to demographic or interest-based data, in order to target you with relevant advertising, including about Our services or products.  To learn more about or opt out of this and other interest-based advertising, please visit the industry opt-out pages operated by the Digital Advertising Alliance (DAA), at http://www.aboutads.info and by the Network Advertising Initiative (NAI) at http://networkadvertising.org.
• Aggregate Information: We may share aggregate information, such as demographics and website usage statistics, with advertisers, sponsors or other organizations. When this type of information is shared, the other parties do not have access to your personally identifiable information.
• Opt-in to Receive Third Party Offers:  Throughout the website you may be presented with opportunities to receive information and/or marketing offers sent from third party(s). Opt-in opportunities will ask you if you would like your personally identifiable information to be shared with such third party(s) as necessary to receive such information or marketing offers. If you do not elect to “opt-in” to having your personally identifiable information shared, your personally identifiable information will not be shared with such third party(s) (information will still be shared with Our agents and persons providing services to Us as described above). If you do choose to have your personally identifiable information shared, your personally identifiable information will be transferred to such third party(s) solely for the purpose of permitting such third party(s) to provide you with such information and marketing offers.  Please be advised that if you elect to provide your personally identifiable information in response to such third party(s) marketing offers or otherwise, all information you disclose to such third party(s) will be subject to the privacy policy and practices of such third party(s). We are not responsible for the privacy practices and policies of such third party(s) and, therefore, you should review the privacy practices and policies of such third party(s) prior to providing your personally identifiable information to such third party(s).
• Products or Services Offered in Partnership with Third-Party(s):  Certain products and/or services available on the website may be provided to you in partnership with third party(s) and may require you to disclose personally identifiable information in order to register for and access such products and/or services. Such products and/or services will identify the third party partners at the point of registration. If you elect to register for such products and/or services your personally identifiable information will be transferred to such third party(s) and will be subject to the privacy policy and practices of such third party(s). We are not responsible for the privacy practices and policies of such third party(s) and, therefore, you should review the privacy practices and policies of such third party(s) prior to providing your personally identifiable information in connection with such products and/or services.
• Third-Party Ad Serving and Audience and Traffic Measurement Services:  We may use a third-party network advertiser to serve the advertisements on the website or may use a traffic measurement service to analyze the traffic on the website. Network advertisers are third parties that display advertisements based on your visits to this website and other websites you have visited. Third-party ad serving enables Us to target advertisements to you for products or websites in which you might have an interest. Audience and Traffic Measurement Services allow Us to collect anonymous traffic and behavior information from the website by monitoring anonymous visitor activity.  Such advertisers, sponsors and/or traffic measurement services may themselves set and access their cookies on your computer if you choose to have your cookies enabled in your browser. Cookies allow third-party advertisers to show you advertisements or content. Note that any images (or any other parts of a web page) served by third parties in association with third-party cookies may serve as Web Beacons, which enable third parties to carry out the previously described activities. Other companies’ uses of their cookies are subject to their own privacy policies, not this one.
• Business Transfers:  In the event that Our assets are sold or transferred to another party, or another transaction occurs in which your personally identifiable information is one of the business assets transferred, all personally identifiable information that has been collected and saved, to the extent allowed to be transferred by law, may be one of the business assets We transfer.  Your personally identifiable information may also be reviewed in connection with negotiations for a possible sale of assets by Us.  You will be notified if such a transfer occurs in accordance with the “Your Acceptance of, and Changes to, the Privacy Policy” section.
• Administrative or Legal Process:  We or others may disclose your personal information to third parties without notice to you in order to comply with applicable law, law enforcement agencies, to protect Our or third parties’ rights, or to protect the rights of other users of the website.

 

LINKS TO OTHER WEBSITES

You should be aware that when you are on the website you could be directed to other websites beyond Our control. For example, if you “click” on an advertisement, the “click” may take you off Our website onto a different website. This includes links from advertisers, sponsors and marketing partners that may use Our website’s logo as part of a co-branding agreement. These other websites may send their own cookies to you, independently collect data or solicit personal information and may or may not have their own published privacy policies. If you visit a website that is linked to Our website, you should consult that website's privacy policy before providing any personal information.

 

SECURITY

We believe that We have in place reasonable safeguards to protect the security, integrity, completeness, accuracy and privacy of the personal information that We may collect, and that We have put into place reasonable precautions to protect such information from loss, misuse and alteration.  Only those employees who need access to your information in order to do their jobs are allowed access.  Our security policies are reviewed periodically and revised as required.

 

WE TAKE SECURITIES PRECAUTIONS IN AN EFFORT TO PROTECT YOUR INFORMATION AGAINST SECURITY BREACHES.  HOWEVER, THIS IS NOT A GUARANTEE THAT SUCH INFORMATION MAY NOT BE ACCESSED, DISCLOSED, ALTERED OR DESTROYED BY BREACH OF SECURITY MEASURES RELATING TO OUR WEBSITE, APP, FACILITIES OR SERVICES.  YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE TO ASSUME THESE RISKS.

We may transfer the information described in this Privacy Policy to, and process and store it in, the United States and other countries, some of which may have less protective data protection laws than the region in which you reside.

The safety and security of your information also depends on you.  Where We have given you (or where you have chosen) a password for access, you are responsible for keeping this password confidential.  We ask you not to share your password with anyone.

 

DATA RETENTION

We will retain your information for as long as your account is active or as needed to provide you products or services. If you wish to cancel your account or request that We no longer use your information to provide you products or services, please contact Us by email by clicking on the “Contact Us” link of our website.  We will retain and use your information as necessary to comply with Our legal obligations, resolve disputes and enforce Our agreements.  Our general policy as to information retention is to maintain information on Our system for 12 months from the last activity on the account related to the personal information and to delete or destroy the information 5 years from the date of the last activity on the related account.

Switcher Studio stores information about site visitors on servers located in the United States, and may also store such information on servers and equipment in other countries.  By submitting your personal data, you agree to this transfer, storing or processing.

 

CHATROOMS, FORUMS AND MESSAGE BOARDS

The website and any mobile application may make chatrooms, forums, commenting and message boards available to you and other users from time to time. You are not required to provide any personal information when using these areas, but you may choose to do so. If you post personal information online, it will be publicly available and you may receive unsolicited messages from other parties. In addition, when you post a comment to a mobile application, the user name with which you registered for the website and your current location may be made publicly available on the website and through the mobile application.

By using the commenting features of the website or mobile application, you acknowledge that your user name and location information may be disclosed. We cannot ensure the security of any information you choose to make public in a chatroom, forum or message board. Also, We cannot ensure that parties who have access to such publicly available information will respect your privacy. Please exercise caution when deciding to disclose personal information in these areas. To request removal of your personal information from any forum on Our website, please contact Us by email by clicking on the “Contact Us” link of our website. In some cases, We may not be able to remove your personal information from these venues, in which case We will let you know if We are unable to do so and why.

 

POLICIES CONCERNING CHILDREN

Our website is not intended for children under the age of 16 and We do not knowingly collect any personal information from children under the age of 16.  Children under the age of 16 should not use Our website at any time.  In the event that We learn that We have inadvertently gathered personal information from a child under the age of 16, We will take reasonable measures to promptly erase such information from Our records.  See “Conditions Related to the Use of the Website” in Our Website Terms, Conditions and Notices for requirements in connection with use of the website by any person under the age of majority.

 

LEGAL NOTICES

All material on our website, including, without limitation, all informational text, the design and all “look and feel” layout, photographs, graphics, audio, video, messages, messaging design and functions, files, documents, images or other materials (collectively, the “materials”), whether publicly posted or privately transmitted, as well as all derivative works, are owned by Switcher Studio, its affiliates and subsidiaries or other third parties that have licensed to or otherwise permitted their material to be used by Us, and are protected by copyright, trademark and other intellectual property laws. You agree not to display or use such marks without Our prior written permission.  We disclaim any proprietary interest in trademarks, service marks, logos, slogans, domain names and trade names other than Our own.

The materials on the website may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, including by e-mail or other electronic means. Any modification of the materials, use of the materials on any website or networked computer environment, or use of the materials for any purpose other than as allowed by Us is a violation of the copyright, trademark and other proprietary rights in the materials and is expressly prohibited.

 

CORRECTING YOUR INFORMATION

If your personally identifiable information changes (such as your email address or zip code), or if you no longer desire to have access to the website, We will provide a way to correct, update or remove the personal data you have provided to Us. You may accomplish this by modifying your personal account information on this website, or request that We do so by clicking on the “Contact Us” link of our website, or by mailing us at:  Switcher, Inc., Attn: Switcher Support Team, 1302 Clear Springs Trace, Louisville, KY 40223.

 

YOUR CALIFORNIA PRIVACY RIGHTS

California Civil Code Section 1798.83 permits customers of the website 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 contact Us by email by clicking on the “Contact Us” link of our website, or by mail to:  Switcher, Inc. Attn: Switcher Support Team, 1302 Clear Springs Trace, Louisville, KY 40223.

 

QUESTIONS ABOUT THIS PRIVACY POLICY

If you have any questions about this Privacy Policy or the privacy practices of this website, please contact Us by email by clicking on the “Contact Us” link of our website, or by mail to:

Switcher Studio, LLC
Attn: Switcher Support Team,
1302 Clear Springs Trace,
Louisville, KY 40223.