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Privacy Policy

Last modified: [03/10/2023]
 

Introduction
 

Swearl, LLC (“Company” or “We”) respect your privacy and are committed to protecting it through our compliance with this policy. This policy describes:

  • The types of information we may collect or that you may provide when you download, install, access, or use the PLAYA app (“App”).

  • Our practices for collecting, using, maintaining, protecting, and disclosing that information.

This policy applies only to information we collect in this App and in email, text, and other electronic communications sent through or in connection with this App.

This policy DOES NOT apply to information that:

  • We collect offline or on any other Company apps or websites, including websites you may access through this App.

  • You provide to or is collected by any nonparty (see Nonparty Information Collection).

Our websites and apps, and these other nonparties might have their own privacy policies, which we encourage you to read before providing information on or through them.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, do not download, register with, or use this App. By downloading, registering with, or using this App, you agree to this privacy policy. This policy may change from time to time (see Changes to Our Privacy Policy). Your continued use of this App after we revise this policy means you accept those changes, so please check the policy periodically for updates.
 

Children Under the Age of 16

The App is not intended for children under 16 years old, and we do not knowingly collect personal information from children under 16. If we learn we have collected or received personal information from a child under 16 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 16, please contact us at https://playavr.com/contact.

California residents under 16 years old may have additional rights regarding the collection and sale of their personal information. Please see Your State Privacy Rights for more information.

Information We Collect and How We Collect It

We collect information from and about users of our App:

  • Directly from you when you provide it to us.

  • Automatically when you use the App.
     

Information You Provide to Us

When you download, register with, or use this App, we may ask you to provide information:

  • By which you may be personally identified, including name, email address, or any other identifier by which you may be contacted online or offline (“personal information”).

  • That is about you but individually does not identify you, including, but not limited to, which videos you watch, the type of video (trailer, full, or free), how long you watch them, and which websites you access them from.

This information includes:

  • Information that you provide by filling in forms in the App. This includes information provided at the time of registering to use the App and requesting further services. We may also ask you for information when you report a problem with the App.

  • Records and copies of your correspondence (including email addresses and phone numbers), if you contact us.

  • Your responses to surveys that we might ask you to complete for research purposes.

  • Your search queries on the App.
     

Automatic Information Collection and Tracking

When you download, access, and use the App, it may use technology to automatically collect:

  • Usage Details. When you access and use the App, we may automatically collect certain details of your access to and use of the App, including traffic data, location data, logs, and other communication data and the resources that you access and use on or through the App.

  • Device Information. We may collect information about your device and internet connection, including the type of VR headset you are using, the device’s unique device identifier, IP address, operating system, and browser type.

  • Stored Information and Files. The App also may access metadata and other information associated with other files stored on your device. This may include, for example, photographs, audio and video clips, personal contacts, and address book information.

  • Location Information. This App collects real-time information about the location of your device.

If you do not want us to collect this information do not download the App or delete it from your device. For more information, see Your Choices About Our Collection, Use, and Disclosure of Your Information.
 

Information Collection and Tracking Technologies

The technologies we use for automatic information collection may include:

  • Cookies (or device cookies). A cookie is a small file placed on your device. It may be possible to refuse to accept device cookies by activating the appropriate setting on your device. However, if you select this setting, you might be unable to access certain parts of our App.

  • Web Beacons. Pages of the App and our emails might contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related app statistics (for example, recording the popularity of certain app content and verifying system and server integrity).
     

Nonparty Information Collection
 

When you use the App or its content, certain nonparties may use automatic information collection technologies to collect information about you or your device. These nonparties might include:

  • Content delivery networks.

  • Analytics companies.

  • Your device manufacturer.

These nonparties may use tracking technologies to collect information about you when you use this App. The information they collect might be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites, apps, and other online services websites.

We do not control these nonparties’ tracking technologies or how they might be used.
 

How We Use Your Information

We use information that we collect about you or that you provide to us, including any personal information, to:

  • Provide you with the App and its contents, and any other information, products, or services that you request from us.

  • Fulfill any other purpose for which you provide it.

  • Carry out our obligations and enforce our rights arising from any contracts entered into between you and us.

  • Notify you when App updates are available, and of changes to any products or services we offer or provide though it.

  • Provide customer support.

  • Personalize your experience with our App by recommending videos and other content that we think you will enjoy.

  • Gather analysis or valuable information so that we can improve the App.

  • Monitor the usage of the App.

  • Detect, prevent, and address technical issues.

The usage information we collect helps us to improve our App and to deliver a better and more personalized experience by enabling us to:

  • Estimate our audience size and usage patterns.

  • Store information about your preferences, allowing us to customize our App according to your individual interests.

  • Speed up your searches.

  • Recognize you when you use the App.

We use the location information we collect to determine from which nearest server to deliver the content to speed up loading and streaming.
 

Disclosure of Your Information
 

We may disclose aggregated information about our users, and information that does not identify any individual or device, without restriction.

In addition, we may disclose personal information that we collect or you provide:

  • To our subsidiaries and affiliates.

  • To contractors, service providers, and other nonparties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.

  • To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Swearl, LLC’s assets, whether as a going concern, or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Swearl, LLC about our App users is among the assets transferred.

  • To fulfill the purpose for which you provide it.

  • For any other purpose disclosed by us when you provide the information.

  • With your consent.

  • To comply with any court order, law, or legal process, including responding to any government or regulatory request.

  • To enforce our rights arising from any contracts entered into between you and us, including the App EULA.

  • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Swearl, LLC, our customers, or others.
     

Your Choices About Our Collection, Use, and Disclosure of Your Information
 

We strive to provide you with choices regarding the personal information you provide to us. This section describes mechanisms we provide for you to control certain uses and disclosures of your information.

  • Tracking Technologies. You can set your browser to refuse all or some browser cookies or to alert you when cookies are being sent. If you disable or refuse cookies or block the use of other tracking technologies, some parts of the App might then be inaccessible or not function properly.

  • Location Information. You can choose whether to allow the App to collect and use real-time information about your device’s location [through the device’s privacy settings] [or] [OTHER METHOD]. If you block the use of location information, some parts of the App may become inaccessible or not function properly.[A1] 

Residents in certain states, including California, might have additional personal information rights and choices. Please see Your State Privacy Rights for more information.
 

Accessing and Correcting Your Personal Information
 

You can review and change your personal information by logging into the App and visiting your account profile page.

You may also contact us through https://playavr.com/contact to request access to, correct, or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We will not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

Residents in certain states, including California, might have additional personal information rights and choices. Please see Your State Privacy Rights for more information.
 

Your State Privacy Rights
 

State consumer privacy laws might provide their residents with additional rights regarding the use of their personal information. To learn more about California residents’ privacy rights, visit [LINK TO CCPA AND CPRA PRIVACY NOTICE FOR CALIFORNIA RESIDENTS]. California’s “Shine the Light” law (Civil Code § 1798.83) permits users of our App that are California residents to request certain information regarding our disclosure of personal information to nonparties for their direct marketing purposes. To make such a request, please contact us at https://playavr.com/contact.

Colorado, Connecticut, Virginia, and Utah each provide their state residents with rights to:

  • Confirm whether we process their personal information.

  • Access and delete certain personal information.

  • Data portability.

  • Opt-out of personal data processing for targeted advertising and sales.

Colorado, Connecticut, and Virginia also provide their state residents with rights to:

  • Correct inaccuracies in their personal information, taking into account the information’s nature and processing purpose.

  • Opt-out of profiling in furtherance of decisions that produce legal or similarly significant effects.

To exercise any of these rights, please send an email to https://playavr.com/contact. To appeal a decision regarding a consumer rights request, please contact us at https://playavr.com/contact.

Nevada provides its residents with a limited right to opt out of certain personal data sales. Residents who wish to exercise this sale opt-out rights may submit a request to this designated address: https://playavr.com/contact. However, please know we do not currently sell data triggering that statute’s opt-out requirements.
 

Your EEA/UK Privacy Rights
 

If you live in the EEA or the UK, the following terms apply to you.
 

Legal Basis for Processing
 

We may process your personal data because you have given us permission to do so (for example, by sending data through our App’s contact or signup forms), because the processing is in our legitimate interests and it is not overridden by your rights, or because we need to process your personal data to perform a contract with you or comply with the law.
 

Your Legal Rights
 

Under certain circumstances, you have rights under data protection laws concerning your personal data. Your rights may include the following:

  • Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.

  • Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.

  • Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us to continue to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully, or where we are required to erase your personal data to comply with local law. Note, however, that we might not always be able to comply with your erasure request for specific legal reasons that will be notified to you, if applicable, at the time of your request.

  • Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation that makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information that override your rights and freedoms.

  • Request restriction of processing your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (1) if you want us to establish the data’s accuracy; (2) where our use of the data is unlawful, but you do not want us to erase it; (3) where you need us to hold the data even if we no longer require it as you need it to establish, exercise, or defend legal claims; or (4) you have objected to our use of your data, but we need to verify whether we have overriding legitimate grounds to use it.

  • Request the transfer of your personal data to you or a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information that you initially provided consent for us to use or where we used the information to perform a contract with you.

  • Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we might not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

If you wish to exercise any of the rights set out above, please contact us at https://playavr.com/contact.

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive, or excessive. Alternatively, we may refuse to honor your request in these circumstances.

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made several requests. In this case, we will let you know and keep you updated.
 

Data Security
 

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls.

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

Unfortunately, the transmission of information through the Internet and mobile platforms is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted through our App. Any transmission of personal information is at your own risk. We are not responsible for the circumvention of any privacy settings or security measures we provide.

Changes to Our Privacy Policy

We may update our privacy policy from time to time. If we make material changes to how we treat our users’ personal information, we will post the new privacy policy on this page and notify you by email to the email address specified in your account.

The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you and for periodically visiting this privacy policy to check for any changes.

Contact Information

To ask questions or comment about this privacy policy and our privacy practices, contact us at https://playavr.com/contact.

 [A1]Delete if not applicable.

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