Date Last Modified: January 18, 2008
Swarm, LLC. ("Swarm") recognizes that its visitors, members, users, and others who use the website at www.swarmpolls.com (the "Swarm Website") or who access, view or use Swarm polls through emails, RSS feeds, third party advertisements, social networking sites and widgets on third party websites (collectively, the Swarm Website and all such poll access methods are referred to as the "Swarm Service") , (collectively or individually you, your, "Users") value their privacy. This Privacy Policy provides important information about the use and disclosure of User information collected on the Swarm Service. Swarm provides this Privacy Policy to help you understand what information Swarm collects and how that information will be used. This Privacy Policy does not apply to the practices of companies that Swarm does not own or control or to people that Swarm does not employ or manage.
This Privacy Policy is incorporated into and is subject to the Swarm Terms of Use. Your use of the Swarm Service and any personal information you provide on the Swarm Service remains subject to the terms of this Privacy Policy and our Terms of Use at www.swarmpolls.com
By participating, using or viewing the Swarm Service or any content thereof you are accepting the practices described in our Privacy Policy. If you do not agree to any of these terms, then please do not use the Swarm Service or its content. We reserve the right to modify or amend the terms of our Privacy Policy at any time without prior notice. Your continued use of the Swarm Service following the posting of changes to these terms means that you accept those changes.
If you have any questions or comments about the Swarm Privacy Policy, please contact us at contactus@swarmpolls.com.
Cookies: Use of "Cookies" is standard in the Internet industry. Cookies are small text files containing a string of alphanumeric characters that are sent to your computer that uniquely identify your browser. Cookies make web surfing easier by saving passwords and preferences while you're at a website. When you use the Swarm Service, we may send one or more cookies to your computer. Some cookies are temporary ("session cookies") and will disappear after you close your browser, but others will stay on your computer ("persistent cookies" or "Flash cookies"). If you wish to remove persistent cookies from your hard drive, follow your web browser help file directions. You can also reset your web browser to refuse all cookies or to indicate when a cookie is being sent. If you wish to remove Flash cookies from your hard drive or wish to refuse all flash cookies, please follow the instructions at http://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager07.html. However, some features of the Swarm Service will not function properly if the ability to accept cookies is disabled.
Traffic Data: Consistent with common web practice, when you use the Swarm Service, our servers automatically log certain information that your web browser sends whenever you visit any website. This information may include information such as your Internet Protocol ("IP") address, browser type, browser language, referring/exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time of your request, and one or more cookies that may uniquely identify your browser.
Tracking Usage Patterns: Swarm tracks usage patterns and collects other non-personally-identifiable information about your use of the Swarm Service. We may employ various tracking technology including "clear GIFs" (a.k.a. Web Beacons) which are used to track the online usage patterns of our Users, and clear GIFs in HTML-based emails sent to you to track which emails are opened by recipients. Swarm may also contract with third parties to track online usage patterns on elements of the Swarm Service other than the Swarm Website.
Any personal information, text or other content that you voluntarily provide in the course of your use of the Swarm Service, including but not limited to, information in your Member Profile, by participating in discussions and comments about polls is publicly available and can be collected and used by others. Your Username (but not your email address) is displayed to other Users in connection with the polls you create and messages you post in discussions. If the Swarm Service sends an email on your behalf, your email address will be displayed. Any information that you post on the Swarm Service may be redistributed through the internet and may be viewed by the general public.
We will not sell your personally identifiable information to third parties. However, information we collect from you may be combined with information from business partners or other third party sources. Further, Swarm may use your email address or other personally identifiable information including information gathered from polls you've created or polls you've voted on to send commercial and marketing messages from Swarm or its business partners, and market research-related surveys and other offers to you. We will also use your email address for non-marketing or administrative purposes (such as notifying you of major Swarm Service changes or for customer service purposes).
We will also use cookies, clear GIF's, log file information, IP addresses, browser type, usage data and certain personally identifiable information to improve the quality and design of the Swarm Service and to create new features, functionality, and services by storing, tracking, and analyzing User preferences and trends as well as to (a) to assist with your use of the Swarm Service by "remembering" information so that you will not have to re-enter it during subsequent visits to the Swarm Website or any element of the Swarm Service; (b) provide customized, personalized content and information for you; (c) monitor the effectiveness of our marketing campaigns; (d) monitor aggregate metrics such as total number of visitors, pages viewed, etc.; and (e) track your entries, submissions, and status in any promotions (including contests or sweepstakes).
We may provide personally identifiable information and non-personally-identifiable information to our subsidiaries, affiliated companies, or other businesses or persons in connection with the outsourcing of technical functions. We require that these parties agree to process such information in compliance with our Privacy Policy, and we use reasonable efforts to limit their use of such information and to use other appropriate confidentiality and security measures.
We reserve the right to release personally identifiable information and/or non-personally-identifiable information if required to do so by law, or in the good-faith belief that such action is necessary to comply with state and federal laws or respond to a court order, subpoena, or search warrant.
Swarm also reserves the right to disclose personally identifiable information and/or non-personally-identifiable information that Swarm believes, in good faith, is appropriate or necessary to enforce our Terms of Use, take precautions to avoid liability, to investigate and defend itself against any third-party claims or allegations, to assist government enforcement agencies, to protect the security or integrity of our website, and to protect the rights, property, or personal safety of Swarm, our Users or others.
Swarm does not provide any personally identifiable information to these third-party ad servers or ad networks without your consent or except as part of a program or feature for which you will have the ability to opt-out. However, Swarm may provide information to assist these third parties to personalize the advertising content you see although your personal information (such as email address) will not be provided to such third parties by Swarm. Further, please note that if you respond to any advertisements, the advertiser or ad server may collect certain information about you and, by responding, you are consenting to the possibility that the advertisers will make the assumption that you meet the targeting criteria used to display the ad.
You should consult the respective privacy policies of these third-party ad servers or ad networks (see links below) for more information on their practices and for instructions on how to opt-out of certain practices. Swarm's Privacy Policy does not apply to, and we cannot control the activities of, such other advertisers or websites.
If Swarm learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps.
Swarm, LLC. ("Swarm") recognizes that its visitors, members, users, and others who use the website at www.swarmpolls.com (the "Swarm Website") or who access, view or use Swarm polls through emails, RSS feeds, third party advertisements, social networking sites and widgets on third party websites (collectively, the Swarm Website and all such poll access methods are referred to as the "Swarm Service") , (collectively or individually you, your, "Users") value their privacy. This Privacy Policy provides important information about the use and disclosure of User information collected on the Swarm Service. Swarm provides this Privacy Policy to help you understand what information Swarm collects and how that information will be used. This Privacy Policy does not apply to the practices of companies that Swarm does not own or control or to people that Swarm does not employ or manage.
This Privacy Policy is incorporated into and is subject to the Swarm Terms of Use. Your use of the Swarm Service and any personal information you provide on the Swarm Service remains subject to the terms of this Privacy Policy and our Terms of Use at www.swarmpolls.com
By participating, using or viewing the Swarm Service or any content thereof you are accepting the practices described in our Privacy Policy. If you do not agree to any of these terms, then please do not use the Swarm Service or its content. We reserve the right to modify or amend the terms of our Privacy Policy at any time without prior notice. Your continued use of the Swarm Service following the posting of changes to these terms means that you accept those changes.
If you have any questions or comments about the Swarm Privacy Policy, please contact us at contactus@swarmpolls.com.
The Information Collected by Swarm
Information Provided by You: You provide personally identifiable information (such as your name, age, sex and email address) to Swarm when you become a member of the Swarm community and you provide other information when you choose to participate in various activities on the Swarm Service such as creating polls, voting on polls, sharing polls, posting comments or messages, participating in discussions, etc.Cookies: Use of "Cookies" is standard in the Internet industry. Cookies are small text files containing a string of alphanumeric characters that are sent to your computer that uniquely identify your browser. Cookies make web surfing easier by saving passwords and preferences while you're at a website. When you use the Swarm Service, we may send one or more cookies to your computer. Some cookies are temporary ("session cookies") and will disappear after you close your browser, but others will stay on your computer ("persistent cookies" or "Flash cookies"). If you wish to remove persistent cookies from your hard drive, follow your web browser help file directions. You can also reset your web browser to refuse all cookies or to indicate when a cookie is being sent. If you wish to remove Flash cookies from your hard drive or wish to refuse all flash cookies, please follow the instructions at http://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager07.html. However, some features of the Swarm Service will not function properly if the ability to accept cookies is disabled.
Traffic Data: Consistent with common web practice, when you use the Swarm Service, our servers automatically log certain information that your web browser sends whenever you visit any website. This information may include information such as your Internet Protocol ("IP") address, browser type, browser language, referring/exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time of your request, and one or more cookies that may uniquely identify your browser.
Tracking Usage Patterns: Swarm tracks usage patterns and collects other non-personally-identifiable information about your use of the Swarm Service. We may employ various tracking technology including "clear GIFs" (a.k.a. Web Beacons) which are used to track the online usage patterns of our Users, and clear GIFs in HTML-based emails sent to you to track which emails are opened by recipients. Swarm may also contract with third parties to track online usage patterns on elements of the Swarm Service other than the Swarm Website.
The Way Swarm Uses Information
Personally identifiable information that you submit to us through the Swarm Service, will be used by Swarm to provide to you the features and functionality of the Swarm Service and to operate and maintain the Swarm Service.Any personal information, text or other content that you voluntarily provide in the course of your use of the Swarm Service, including but not limited to, information in your Member Profile, by participating in discussions and comments about polls is publicly available and can be collected and used by others. Your Username (but not your email address) is displayed to other Users in connection with the polls you create and messages you post in discussions. If the Swarm Service sends an email on your behalf, your email address will be displayed. Any information that you post on the Swarm Service may be redistributed through the internet and may be viewed by the general public.
We will not sell your personally identifiable information to third parties. However, information we collect from you may be combined with information from business partners or other third party sources. Further, Swarm may use your email address or other personally identifiable information including information gathered from polls you've created or polls you've voted on to send commercial and marketing messages from Swarm or its business partners, and market research-related surveys and other offers to you. We will also use your email address for non-marketing or administrative purposes (such as notifying you of major Swarm Service changes or for customer service purposes).
We will also use cookies, clear GIF's, log file information, IP addresses, browser type, usage data and certain personally identifiable information to improve the quality and design of the Swarm Service and to create new features, functionality, and services by storing, tracking, and analyzing User preferences and trends as well as to (a) to assist with your use of the Swarm Service by "remembering" information so that you will not have to re-enter it during subsequent visits to the Swarm Website or any element of the Swarm Service; (b) provide customized, personalized content and information for you; (c) monitor the effectiveness of our marketing campaigns; (d) monitor aggregate metrics such as total number of visitors, pages viewed, etc.; and (e) track your entries, submissions, and status in any promotions (including contests or sweepstakes).
When Swarm Discloses Information
We may share non-personally-identifiable information (such as traffic information and usage tracking information) with interested third-parties to assist them in understanding the usage patterns for certain content, services, advertisements, promotions, and/or functionality on the Swarm Service.We may provide personally identifiable information and non-personally-identifiable information to our subsidiaries, affiliated companies, or other businesses or persons in connection with the outsourcing of technical functions. We require that these parties agree to process such information in compliance with our Privacy Policy, and we use reasonable efforts to limit their use of such information and to use other appropriate confidentiality and security measures.
We reserve the right to release personally identifiable information and/or non-personally-identifiable information if required to do so by law, or in the good-faith belief that such action is necessary to comply with state and federal laws or respond to a court order, subpoena, or search warrant.
Swarm also reserves the right to disclose personally identifiable information and/or non-personally-identifiable information that Swarm believes, in good faith, is appropriate or necessary to enforce our Terms of Use, take precautions to avoid liability, to investigate and defend itself against any third-party claims or allegations, to assist government enforcement agencies, to protect the security or integrity of our website, and to protect the rights, property, or personal safety of Swarm, our Users or others.
Accessing Your Profile
To protect your privacy and security, we take reasonable steps (such as requesting a unique password) to verify your identity before granting you access, or making modifications, to your profile. It is your responsibility to maintain the secrecy of your unique password and account information at all times.Third-party Advertisers, Links to Other Sites
Swarm allows other companies, called third-party ad servers or ad networks, to serve advertisements within the Swarm Service. These third-party ad servers or ad networks use technology to send, directly to your browser, the advertisements and links that appear on the Swarm Services. They automatically receive your IP address when this happens. They may also use other technologies (such as cookies or other tracking technologies) to measure the effectiveness of their advertisements and to personalize the advertising content you see.Swarm does not provide any personally identifiable information to these third-party ad servers or ad networks without your consent or except as part of a program or feature for which you will have the ability to opt-out. However, Swarm may provide information to assist these third parties to personalize the advertising content you see although your personal information (such as email address) will not be provided to such third parties by Swarm. Further, please note that if you respond to any advertisements, the advertiser or ad server may collect certain information about you and, by responding, you are consenting to the possibility that the advertisers will make the assumption that you meet the targeting criteria used to display the ad.
You should consult the respective privacy policies of these third-party ad servers or ad networks (see links below) for more information on their practices and for instructions on how to opt-out of certain practices. Swarm's Privacy Policy does not apply to, and we cannot control the activities of, such other advertisers or websites.
Data Security
Swarm uses commercially reasonable safeguards (physical, managerial, and technical) to preserve the integrity and security of your personal information. However, we cannot ensure or warrant the security of any information you transmit to Swarm and you transmit any such information at your own risk. Once we receive your transmission of information, Swarm makes commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.If Swarm learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps.