Swish-Hoop Privacy Policy

Last update January 31, 2017

Our Privacy Policy applies to and governs all websites, apps, games, online services, and software made available by and operated by Shooter’s Touch, LLC (d.b.a. Swish-Hoop). (collectively, the “Sites” and, individually, “Site”), on mobile devices, tablets, personal computers and other devices. By accessing any of the Sites, you are consenting to this Privacy Policy. This Privacy Policy describes what information the Sites collect from users, including children, when they visit the Sites; how such information is used and stored; when such information may be disclosed to third parties; how users, parents, and guardians can control the use and disclosure of collected information; and how information is protected. Our users’ privacy is important to us, and we recognize the need to provide additional privacy protection for children on the Sites permitting such users. Our privacy practices are guided by the United States' Children's Online Privacy Protection Act of 1998, as well as data privacy laws in the United States and other applicable countries. In all cases, younger users should always check with their parents or guardians before entering information on any website or mobile application and we encourage families to discuss their household guidelines regarding the online sharing of personal information. In order for a child to fully participate on any of the Sites, no personally identifiable information (except information required to determine age and communicate with a parent or guardian) is collected from a child until such time as verifiable parental consent is received from the child’s parent or guardian. For more information about how the Sites deal with users under the age of 13, click here. In order to register on a Site as a user, the child’s parent or guardian must activate their account by granting permission.

Information Collection and Use

Gathering of Non-Personally Identifying Information

Like most website and App operators, Swish-Hoop collects non-personally identifying information of the sort that web browsers and servers typically make available, such as type of computer operating system, the browser type, language preference, referring site, interactions with e-mail messages sent by a Site or by Swish-Hoop and the date and time of each visitor request. Swish-Hoop’s purpose in collecting non-personally identifying information is to better understand how Swish-Hoop’s visitors use its Sites. From time to time, Swish-Hoop may release non-personally identifying information in the aggregate, e.g. by publishing a report on trends in the usage of its Sites. Swish-Hoop also collects potentially personally identifying information like Internet Protocol (IP) addresses, UDIDs of mobile devices, etc. Swish-Hoop does not use such information to identify its visitors, and does not disclose such information, other than under the same circumstances that it uses and discloses personally identifying information, as described below.

Gathering of Personally Identifying Information

Certain visitors to and users of Swish-Hoop’s Sites choose to interact with Swish-Hoop in ways that require Swish-Hoop to gather personally identifying information. The amount and type of information that Swish-Hoop gathers depends on the nature of the interaction. For example, we ask visitors who sign up for Sites to provide a username and email address. In each case, Swish-Hoop collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor’s interaction with Swish-Hoop. Swish-Hoop does not disclose personally identifying information other than as described below. And visitors and users can always refuse to supply personally identifying information, with the caveat that it may prevent them from engaging in certain activities or using the Swish-Hoop Sites.

Aggregated Statistics

Swish-Hoop may collect statistics about the behavior of visitors to its Sites. For instance, Swish-Hoop may monitor the most popular aspects or products on its Sites. Swish-Hoop may display this information publicly or provide it to others. However, Swish-Hoop does not disclose personally identifying information other than as described below.

Protection of Certain Personally Identifying Information

Swish-Hoop discloses potentially personally identifying and personally identifying information only to those of its employees, contractors and affiliated organizations that (i) need to know that information in order to process it on Swish-Hoop’s behalf or to provide services available at Swish-Hoop’s Sites, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of the United States of America; by using Swish-Hoop’s Sites, you consent to the transfer of such information to them. In addition, in some cases we may choose to buy or sell assets. In these types of transactions, user information is typically one of the business assets that is transferred. Moreover, if Swish-Hoop or substantially all of its assets were acquired, or in the unlikely event that Swish-Hoop goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of Swish-Hoop may continue to use your personal and non-personal information only as set forth in this policy. Otherwise, Swish-Hoop will not rent or sell potentially personally identifying and personally identifying information to anyone.

Other than to its employees, contractors and affiliated organizations, as described above, Swish-Hoop discloses potentially personally identifying and personally identifying information only when required to do so by law, or when Swish-Hoop believes in good faith that disclosure is reasonably necessary to protect the property or rights of Swish-Hoop, third parties or the public at large. If you are a registered user of a Swish-Hoop website and have supplied your email address, Swish-Hoop may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what’s going on with Swish-Hoop and its products. If you send us a request (for example via a support email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. Swish-Hoop endeavors to take all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally identifying and personally identifying information. You should also be aware that if you submit information to “chat rooms,” “forums,” “reviews” or “message boards,” such information becomes public information, meaning that you lose any privacy rights you might have with regards to that information. Such disclosures may also increase your chances of receiving unwanted communications.

Cookies

Swish-Hoop may use Cookies, web beacons, tokens or similar technologies (collectively referred to as “Cookies”) on the Sites. Cookies may be are text files that help store user preferences and activity, small pieces of code used to collect advertising data, such as counting page views, promotion views or advertising responses or unique persistent identifiers that are generated and sent from a server to a user’s device to identify an interaction session, such as the authentication for a user’s cable provider service. The Site and/or third parties may use Cookies to collect computer information automatically as you browse or use the Sites and the web. We may use Cookies to help tailor our content, allow users to move between certain Sites without logging into each Site, enable the internal functioning of the Sites, understand Site and internet usage, improve or customize the content, offerings or advertisements on this Site, personalize your experience on the Site (for example, to recognize you by name when you return to the Site), understand your interactions with email messages originating from the Sites or Swish-Hoop, save your password, save your online settings, enable you to use shopping carts, help us offer you products, programs or services that may be of interest to you, deliver relevant advertising, maintain and administer the Sites. These Cookies may collect “click stream” data and additional other information regarding your visits to the Sites (such as your visits to specific webpages, use of features, purchasing history or preferences), may collect such other information across multiple sessions on the Sites and may also collect your IP address or some other identifier unique to the device you use to access the site. By visiting a Site, whether as a registered user or otherwise, you acknowledge, understand and hereby agree that you are giving us your consent to set and access Cookies on your device and track your activities and your use of a Site through these Cookies and that we may use Cookies in the emails we send to you. You have a number of options with respect to the Cookies set by the Sites. You may be able to have the device you use to access the Sites warn you each time a Cookie is being set (other than Flash cookies), or you can choose to turn off such warnings. This is done through your browser on the device you use to access the Sites. Additional information on warnings and removal of warnings may be available through your browser’s support feature. Please note that deleting, rejecting, disabling or turning off Cookies through the above options will not remove Flash cookies. For more information about Flash cookies and how to remove them from your computer, please visit here. Please be aware that certain areas and features of Sites can only be accessed in conjunction with Cookies, and that disabling Cookies might prevent you from accessing such content.

Ads

Ads appearing on any Swish-Hoop Sites may be delivered to users by advertising partners, who may set Cookies. These Cookies allow the ad server to recognize your computer each time they send you an online advertisement to compile information about you or others who use your computer. This information allows ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you. This privacy policy covers the use of Cookies by Swish-Hoop and does not cover the use of Cookies by any advertisers.

Contests and Sweepstakes

The Sites may offer online contests and sweepstakes. To enter these contests and sweepstakes, you may be required to provide your first name and email address and/or additional information required for the management of the contest or sweepstakes. For children under the age of 13, we may collect the child’s e-mail address to enter the child in the contest or sweepstakes, store such child’s email address for the duration of the sweepstakes, and use it for notification if he or she is the winner. For certain contests or sweepstakes on such sites, we may ask for the email address of the child's parent or guardian to inform the parent or guardian of his or her child's entry and give the parent or guardian the option to have the child's entry deleted.

Electronic Newsletters

Users can provide their email addresses to receive email newsletters and promotions from Swish-Hoop, and our business partners. Users may change their preferences regarding emails at any time through the unsubscribe link in the newsletters or, for certain Sites, by logging into and changing the preferences for their account.

Wireless Marketing Services

Consistent with local law, appropriately aged users may have the opportunity to register for special promotions, services, news, programming and information delivered via text messaging and/or wireless devices. To do so, users may be asked to provide their telephone number, email address, carrier’s name, and/or their opinion regarding certain goods and/or services. Users must opt in to receive wireless marketing material from Swish-Hoop through one of the following methods: (a) filling out the registration information on any The Sites’ wireless marketing registration page; or (b) sending a specific word, code or symbol via a text message to a telephone number designated by us in any promotional material. The user may also be asked to confirm his or her acceptance to receive such wireless marketing services. Users that register for wireless marketing services acknowledge, understand and agree that they will be charged by the user's wireless carrier for all messages sent to the user from the Sites or Swish-Hoop. Standard messaging rates will apply, unless noted otherwise. Under no circumstances will Swish-Hoop be responsible for any wireless email or text messaging charges incurred by such user or by a person that has access to a user's wireless device, telephone number, or email address.

Geolocation Information

We may collect and store information about your geographic location, but we will only collect precise geolocation information sufficient to identify street name and name of a city or town on Sites only if you provide it to us or if you enable your computer or mobile device to send us location information. You may be able to change the settings on your computer or mobile device to prevent it from providing us with such information. We use this information, for example, to enable users to take advantage of Site offerings; respond to user’s requests for products, services, and information; manage games; customize the content users see when visiting the Sites; and to offer users special offers and promotions from Sites and Swish-Hoop, as well as on behalf of selected third parties offering products, programs or services that we believe may be of interest to our users. By accepting this Privacy Policy and using the applicable Site, you hereby consent to the collection and storage of such geolocation information as described above.

Financial Information

We collect and use financial information, such as credit card numbers and security codes, for the limited purposes described below. 1. Consumer Products: Certain of the Sites provide pages and/or links to pages offering users who are of legal age to form a binding contract the opportunity to purchase consumer products (the "Shops"). To do so, users need to provide contact, shipping, billing and credit information. These pages may be hosted and operated by a third party that is independent and separate from the Sites. This third party collects personal information about shop users and may share this information with us. We use this information to process the order and to send order confirmations via email, as well as to send information about products and services of interest and as otherwise required by law. Before providing information on these pages, we encourage you to review the posted privacy policies which govern such third party’s use of your information, as they may differ from ours. 2. Virtual Items/Memberships/Subscriptions: Some of the Sites may offer memberships, online subscriptions and/or virtual items for use in conjunction with the Sites. When you enter into a transaction for a membership, subscription, virtual item or similar transaction, you may be asked to provide the credit card and/or billing information and email address. We will use this information to fulfill your specified requests, as well as to inform you about additional products or service opportunities and as otherwise required by law.

Other Data Collection and Use

We may collect search query information when users search for information on the Sites. We also may collect information from users when they contact us with questions and comments. We may use this information, along with any of the other information described above, to (i) analyze use of the Sites and understand and improve our service offerings; (ii) prevent potentially prohibited or illegal activities; and (iii) for any other purposes disclosed to you at the time we collect your information or pursuant to your consent. We may combine information collected through the Sites with information we collect from other sources (e.g., social media integration services), other sites, offline records or publicly available information). It is your responsibility to provide complete and accurate information and to keep such information up to date. We are not responsible for any problem or liability arising from your failure to do so.

Links to Third Party Sites

This privacy policy only applies to information collected by Swish-Hoop and its Sites. This privacy policy does not apply to the practices of companies that Swish-Hoop does not own or control, or employees that Swish-Hoop does not manage. A Swish-Hoop Site may contain links to third party websites including those of sponsors, advertisers, social networking platforms, and survey companies. Any information you provide to, or that is collected by, third-party sites may be subject to the privacy policies of those sites, if any. We encourage you to read such privacy policies of any third-party sites you visit. It is the sole responsibility of such third parties to adhere to any applicable restrictions on the disclosure of your personally identifying information, and Swish-Hoop and its affiliates shall not be liable for wrongful use or disclosure of your personally identifying information by any third party.

Security and Safety

Security of Sites

The Sites maintain reasonable technical and organizational steps to help ensure that information collected is secure, including limiting the number of people who have physical access to our database servers and use of electronic security systems and password protections which guard against unauthorized access. The Sites conduct financial transactions via secured transmissions. We limit access to user’s information to employees and contractors who are authorized for the proper handling of such information, and any employee found violating our standards of security and confidentiality will be subject to our disciplinary processes. We also take reasonable steps to help make sure our third-party agents protect the security of your personal information. However, as with most Internet sites or services, it is possible that third parties may unlawfully access such personal information through a number of means despite our efforts. Information collected at the Sites will not be stored for longer than is necessary for the purposes described in this Privacy Policy, or to otherwise meet legal requirements.

On-Line Safety

Our privacy practices are guided by the United States' Children's Online Privacy Protection Act of 1998. Swish-Hoop Sites offer you and your child an online safety guide which we encourage you to use as starting point for discussing safety and privacy concerns with your child. Of course, involvement in your family’s online lives is the most important safety tool available.

Accessing and Correcting Information

Reviewing Your Information - You have the right to access, update and correct factual inaccuracies in personally identifiable information that we collect online at the Sites, subject to certain exceptions. To do so, you may e-mail us at privacy@SwishHoop.com. To help protect your privacy and the security of your personally identifiable information, we will take reasonable steps to verify your identity before granting access. Parental Access - Parents/guardians of children under the age of 13 can print out and email or fax us a signed form that allows them to review any personally identifiable information collected with their permission, about their child, have this information deleted, and/or request that there be no further collection or use of their child's personally identifiable information. You can download the form here. We will take steps to verify the identity of anyone requesting personally identifiable information about a child and to ensure that the person is in fact the child's parent or legal guardian.

Choice/Opt-out

If we ever send you information by email concerning new products, services or information that you did not expressly request, we will provide you with an email address by which you may request no further notices. You can also contact us at privacy@SwishHoop.com.

International Users

Please be aware that by providing us with personal information, (1) you understand and agree that your personal information may be stored on servers located outside your resident jurisdiction; (2) to the extent you are a resident of a country other than the United States, you consent to the storage of such data in the United States for processing by our affiliates in accordance with this Privacy Policy and (3) the Privacy Policy and the collection of information pursuant to the Privacy Policy shall be governed by and construed in accordance with the laws of the United States, without giving effect to any principles of conflicts of law. If you do not consent to the terms of this Privacy Policy, please do not use the Sites because your use of the Sites represents your consent. If you have already provided personal information, please contact us at privacy@SwishHoop.com about how you would like us to handle such information.

Privacy Policy Changes

This document is the sole statement of the Sites' Privacy Policy and no summary, restatement or other version thereof, or other privacy statement or policy, in any form, including, without limitation, machine-generated, is valid. In interpreting this agreement, the English version governs the interpretation and meaning of the obligation set forth herein. To the extent there is an ambiguity or conflict with the Privacy Policy in other languages, the Privacy Policy in English governs. Swish-Hoop may change its privacy policy from time to time, and in Swish-Hoop’s sole discretion. Swish-Hoop encourages visitors to frequently check this page for any changes to its privacy policy. Your continued use of this site after any change in this privacy policy will constitute your acceptance of such change.

Contact Us

If you have any questions about this privacy policy or our sites in general, please contact us at privacy@SwishHoop.com.