Effective Date: May 29, 2018
1. Introduction and Overview.
2. Information Collection.
A. Information You Provide.
We and our Service Providers (defined below) may collect information you provide directly via the Service. For example, we collect information when you register an account, access or create content, interact with other users, or otherwise communicate or transact with us through the Service.
The information we collect may include Personal Information. “Personal Information” is information that identifies you personally (whether alone or in combination), such as your first and last name, e-mail address, and phone number.
Under Japanese law (i.e. the Act on Protection of Personal Information, the “APPI”), Personal Information specifically includes:
“Personal Identifier Codes”, which includes (a) characters, numbers, symbols and/or other codes for computer use which represent certain specified personal physical characteristics (such as DNA sequences, facial appearance, iris patterns, vocalizations, posture and walking movements, finger and palm prints, and vein patterns) and which are sufficient to identify a specific individual; (b) certain identifier numbers, such as those on passports, driver’ s licenses and resident’s cards, and individual social security ID numbers; (c) certain unique characters, numbers, symbols and other codes that are assigned to, and stated on, health and care insurance cards; and (d) any characters, numbers, symbols and other codes from time-to-time designated by the Privacy Protection Commission as being equivalent to any of the items above; and
“Sensitive Personal Information”, which includes personal information relating to matters such as race, creed, religion, physical or mental disabilities, medical records, medical and pharmacological treatment, and arrest, detention or criminal proceedings (whether as an adult or a juvenile) or criminal victimization.
However, the Service is not designed to collect Personal Identifier Codes or Sensitive Personal Information. Please do not share Personal Identifier Codes or Sensitive Personal Information through the Service.
In addition, if you grant us permission by allowing the Service to access your contacts, we may access the contacts on your device to fulfill a request by you, such as finding your contacts on the Service or allowing you to send text messages to your contacts inviting them to join the Service. By using this functionality, you acknowledge and agree that both you and your contacts are based in the United States and that you have your contacts’ consent for us to collect and use their contact information to fulfill your request. You further acknowledge and agree that you are the sender of any such text messages to your contacts.
For further information on managing your Service privacy settings and accessing the data you voluntarily submit, please see “Your Choices” below.
B. Information Collected Automatically.
The methods that may be used on the Service to collect Usage Information include:
Log Information: Log information is data about your use of the Service, such as IP address, browser type, internet service provider, referring/exit pages, operating system, date/time stamps, and related data, which is stored in log files.
Information Collected by Tracking Technologies: Cookies, web beacons (also known as “tracking pixels”), embedded scripts, location-identifying technologies, device fingerprinting, in-app tracking methods, and other tracking technologies now and hereafter developed (“Tracking Technologies”) may be used to collect information about your interactions with the Service or e-mails, including information about your browsing and activity behavior.
A cookie is a small text file that is stored on a user’s device, which may be a session ID cookie or tracking cookie. Session cookies make it easier for you to navigate the Service and expire when you close your browser. Tracking cookies help in understanding how you use the Service, and remain longer. The Service may associate some or all of these types of cookies with your devices. Cookies may remain on your device for extended periods of time.
Web Beacons (“Tracking Pixels”)
Web beacons are small graphic images, also known as “internet tags” or “clear gifs,” embedded in web pages and e-mail messages. Web beacons may be used to count the number of visitors to the Service, to monitor how users navigate the Service, and to count content views.
An embedded script is programming code designed to collect information about your interactions with the Service. It is temporarily downloaded onto your device from our web server or a third party with whom we work, is active only while you are connected to the Service, and deleted or deactivated thereafter.
GPS (global positioning systems) software, geo-filtering, and other location-aware technologies locate (sometimes precisely) you for purposes such as verifying your location and delivering or restricting relevant content based on your location.
In-App Tracking Methods.
There are a variety of tracking technologies that may be included in mobile apps, and these are not browser-based like cookies and cannot be controlled by browser settings. Some use device identifier, or other identifiers such as “Ad IDs” to associate app user activity to a particular app and to track user activity across apps.
Some information about your use of the Service and certain Third Party Services (defined below) may be collected using Tracking Technologies across time and services and used by us and third parties for purposes such as to associate different devices you use, and deliver relevant ads and/or other content to you on the Service and certain Third Party Services.
For further information on Tracking Technologies and your choices regarding them, please see “Third Party Services, Features, and Devices” and “Your Choices” below.
C. Information from Other Sources.
3. Use of Information.
Manage our Service, including your registration, account, videos, and other content;
Respond to your comments, questions, and requests, and provide customer service;
Send you technical notices, updates, security alerts, information regarding changes to our policies, and support and administrative messages;
Prevent and address fraud, breach of policies or terms, and threats or harm;
Monitor and analyse trends, usage, and activities;
Conduct research, including focus groups and surveys;
Improve the Service or other TaleSwing websites, applications, marketing efforts, products and services;
Send you advertisements and communicate with you regarding our and third party products, services, offers, promotions, rewards and events we think you may be interested in (for information about how to manage these communications and marketing efforts, please see “Your Choices” below); and
Fulfill any other purpose disclosed at the time you provide Personal Information.
4. Sharing of Information.
Our agents, vendors, consultants, and other service providers (collectively “Service Providers”) may receive, or be given access to your information, including Personal Information and Usage Information, in connection with their work on our behalf. These Service Providers are prohibited from using your Personal Information for any purpose other than to provide this assistance, although we may permit them to use aggregate information which does not identify you or de-identified data for other purposes.
To comply with the law or other legal process, and where required, in response to lawful requests by public authorities, including to meet national security or law enforcement requirements;
To protect the rights, property, life, health, security and safety of us, the Service or any third party;
In connection with, or during negotiations of, any proposed or actual merger, purchase, sale or any other type of acquisition or business combination of all or any portion of our assets, or transfer of all or a portion of our business to another TaleSwing;
With our affiliates for internal business purposes;
With our affiliates, business partners, and other third parties for their own business purposes, including direct marketing purposes (California and Japan customers have certain rights set forth in “Your California and Japan Privacy Rights” below);
For purposes disclosed at the time you provide Personal Information; and
With your consent or at your direction.
Without limiting the foregoing, in our sole discretion, we may share aggregated information which does not identify you or de-identified information about you with third parties or affiliates for any purpose.
5. Sweepstakes, Contests, Promotions.
We may offer sweepstakes, contests, surveys, and other promotions (each, a “Promotion”) jointly sponsored or offered by third parties that may require submitting Personal Information. If you voluntarily choose to enter a Promotion, your Personal Information may be disclosed to third parties for administrative purposes and as required by law (e.g., on a winners list). By entering, you agree to the official rules that govern that Promotion, and may, except where prohibited by applicable law, allow the sponsor and/or other parties to use your name, voice and/or likeness in advertising or marketing materials.
6. Third Party Services, Features, and Devices.
Our Service contains content from and hyperlinks to websites, locations, platforms, and services operated and owned by third parties (“Third Party Services”). In addition, our Service contains features that allow you interact with, connect to, or access our Service through certain Third Party Services and third party devices (“Third Party Features”). For example, you interact with a Third Party Service when you “like” or “share” content such as videos over Facebook or other social media platforms through our Service or login to our Service through a Third Party Service. Remember that third parties may use Tracking Technologies to independently collect information about you and may solicit Personal Information from you. If you use a Third Party Feature, both we and the applicable third party may have access to and use information associated with your use of the Third Party Feature. Also, if you make information public through our Service or a Third Party Service that references our Service, such as by tweeting or updating your status along with a hashtag associated with TaleSwing, that information may be used on or in connection with our Service.
Our Service also contains Tracking Technologies operated by third parties. For example, analytics services, such as Google Analytics, may use Tracking Technologies on our Service to help us analyze your use of the Service, compile statistic reports on the Service’s activity, and provide other services relating to Service activity and internet usage. Similarly, ad serving services, advertisers, and other third parties may use Tracking Technologies on our Service and Third Party Services to track your activities across time and services, and tailor ads to you based on your activities, which may include sending you an ad on a Third Party Service or third party device after you have left the Service (“Interest-based Advertising”).
For further information on Tracking Technologies and your choices regarding them, please see “Information Collected Automatically” above and “Your Choices” below.
7. Your Choices.
A. Service Privacy Settings
B. Accessing Your Information.
You may access, correct, or delete certain account information that you have voluntarily submitted to us through the Service by sending an e-mail to us here. We may require additional information from you to allow us to confirm your identity. Please note that we will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
C. Tracking Technologies Generally.
Regular cookies may generally be disabled or removed by tools available as part of most commercial browsers, and in some instances blocked in the future by selecting certain settings. Browsers offer different functionalities and options so you may need to set them separately. With respect to our mobile apps, you can stop all collection of information via an app by uninstalling the app. Also, you may be able to exercise specific privacy choices, such as enabling or disabling certain location-based services, by adjusting the permissions in your mobile device.
Please be aware that if you disable or remove these technologies some parts of the Service may not work and that when you revisit the Service your ability to limit browser-based Tracking Technologies is subject to your browser settings and limitations.
Your browser settings may allow you to automatically transmit a “Do Not Track” signal to online services you visit. Note, however, there is no industry consensus as to what site and app operators should do with regard to these signals. Accordingly, we do not monitor or take action with respect to “Do Not Track” signals or other mechanisms. For more information on “Do Not Track,” visit http://www.allaboutdnt.com.
D. Analytics and Advertising Tracking Technologies.
You may choose whether to receive Interest-based Advertising by submitting opt outs. Some of the advertisers and Service Providers that perform advertising-related services for us and our partners may participate in the Digital Advertising Alliance (“DAA”) Self-Regulatory Program for Online Behavioral Advertising. To learn more about how you can exercise certain choices regarding Interest-based Advertising, visit http://www.aboutads.info/choices, and http://www.aboutads.info/appchoices for information on the DAA’s opt out program for mobile apps. Some of these companies may also be members of the Network Advertising Initiative (“NAI”). To learn more about the NAI and your opt out options for their members, see http://www.networkadvertising.org/choices/. Please be aware that, even if you are able to opt out of certain kinds of Interest-based Advertising, you may continue to receive other types of ads. Opting out only means that those selected members should no longer deliver certain Interest-based Advertising to you, but does not mean you will no longer receive any targeted content and/or ads (e.g., from other ad networks). TaleSwing is not responsible for effectiveness of, or compliance with, any third-parties’ opt out options or programs or the accuracy of their statements regarding their programs.
You can opt out of receiving certain promotional communications (e-mails and push notifications) from us at any time by (i) for e-mails, following the instructions as provided in e-mails to click on the unsubscribe link or by sending an e-mail to us here with the word UNSUBSCRIBE in the subject field of the e-mail; and (ii) for push notifications or in-app messages, adjusting the permissions in your mobile device. Please note that your opt out is limited to the e-mail address or device used and will not affect subsequent subscriptions or non-promotional communications, such as those about your account, transactions, servicing, or TaleSwing’s ongoing business relations. In addition, we may send a text message (including prerecorded and/or by autodialer) to the number you provide in your account settings in order to verify your mobile number.
8. Your California and Japan Privacy Rights.
California’s “Shine the Light” law permits customers in California to request certain details about how certain types of their information are shared with third parties and, in some cases, affiliates, for those third parties’ and affiliates’ own direct marketing purposes. Under the law, a business should either provide California customers certain information upon request or permit California customers to opt in to, or opt out of, this type of sharing.
TaleSwing may share personal information as defined by California’s “Shine the Light” law with third parties and/or affiliates for such third parties’ and affiliates’ own direct marketing purposes. If you are a California resident and wish to obtain information about our compliance with this law, please e-mail us here or send us a letter to 39 Manor House Lane, Dobbs Ferry, NY 10522. Requests must include “California Privacy Rights Request” in the first line of the description and include your name, street address, city, state, and ZIP code. Please note that TaleSwing is not required to respond to requests made by means other than through the provided e-mail address or mail address.
Any California and Japan residents under the age of eighteen (18) who have registered to use the Service and how have posted content or information on the Service, can request that such information be removed from the Service sending an e-mail to us here. Requests must state that the user personally posted such content or information and detail where the content or information is posted. We will make reasonable good faith efforts to remove the post from prospective public view.
The Service is intended for a general audience and not directed to children under thirteen (13) years of age. TaleSwing does not intend to collect personal information as defined by the U.S. Children’s Privacy Protection Act (“COPPA”) in a manner that is not permitted by COPPA. If you are a parent or guardian and believe TaleSwing has collected such information in a manner not permitted by COPPA, please e-mail us here or send us a letter to 39 Manor House Lane, Dobbs Ferry, NY 10522, and we will remove such data to the extent required by COPPA.
10. Data Security.
We take reasonable measures to help protect information about you from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction. Nevertheless, transmission via the internet is not completely secure and we cannot guarantee the security of your information collected through our Service.
11. International Transfer.
13. Contact Us.
If you have any questions or comments about this policy, please e-mail us here or send us a letter to 39 Manor House Lane, Dobbs Ferry, NY 10522.