PRIVACY POLICY

Last updated April 4th, 2020

Thank you for choosing to be part of our community at Humen, Inc, doing business as Sway (“Sway”, “we”, “us”, and/or “our”). When you visit our website, https://getsway.app (the “Site”); use our mobile application, Sway (the “App”); or engage with our forums, social media accounts, blogs, and online and offline offerings (together with any and all future online and offline offerings operated by or on behalf of Sway, the “Services”), you trust us with your personal information. We are committed to protecting your personal information through our compliance with this privacy policy (“Privacy Policy”). In this Privacy Policy, we seek to explain to you in the clearest way possible what information we collect, how we use it and what rights you have in relation to it. We hope you take some time to read through it carefully. If there are any terms in this Privacy Policy that you do not agree with, please discontinue use of our Services.

For purposes of this Privacy Policy, “Personal Information” means information about an identified or identifiable individual, such as their name and email address and includes “personal data” as defined by the European Union’s General Data Protection Regulation (“GDPR”) and “personal information” as defined by the California Consumer Privacy Act (“CCPA”).

Please read this Privacy Policy carefully as it will help you make informed decisions about sharing your Personal Information with us. If you have any questions or concerns about our Privacy Policy, or our practices with regards to your Personal Information, please contact us at privacy@humen.ai.


TABLE OF CONTENTS

1. WHAT INFORMATION DO WE COLLECT?

2. HOW DO WE USE YOUR INFORMATION?

3. WHAT ARE OUR LEGAL BASES FOR PROCESSING YOUR INFORMATION?

4. WILL YOUR INFORMATION BE SHARED WITH ANYONE?

5. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?

6. HOW DO WE HANDLE YOUR LOGINS?

7. IS YOUR INFORMATION TRANSFERRED INTERNATIONALLY?

8. WHAT SHOULD YOU KNOW ABOUT LINKS TO OTHER WEBSITES AND THIRD-PARTY CONTENT?

9. WHAT IS OUR STANCE ON CHILDREN?

10. HOW LONG DO WE KEEP YOUR INFORMATION?

11. HOW DO WE PROTECT YOUR INFORMATION?

12. WHAT ARE YOUR PRIVACY RIGHTS?

13. DO WE MAKE UPDATES TO THIS POLICY?

14. HOW CAN YOU CONTACT US ABOUT THIS POLICY?


1. WHAT INFORMATION DO WE COLLECT?

In Short: The Personal Information that we collect depends on the context of your interactions with us and the Services or App, the choices you make, and the products and features you use. The Personal Information we collect can include the following:

Information You Provide Directly to Us

User Profile. When you use the Services, you may be given the opportunity to create a user profile. When you do we may ask you to provide information about yourself such as your username, password, email address, age, location, birthday, phone number, and image or avatar. Once your user profile is created, any time you log in to your account and/or use the Services, we may collect additional information from you, such as photos and videos you provide, the dates you used the Services, your followers and who you are following. If your user profile is set to public, other Sway users will also be able to view certain information from your user profile and those users can contact or follow you through the Services.

Credentials. We collect passwords, password hints, and similar security information used for authentication and account access. We also provide you with the option to register using social media account details, like your Facebook, Twitter or other social media account. If you choose to register in this way, we will collect the information described in Section 6, "How Do We Handle Your Logins" below.

Purchases. When you choose to purchase products or Services from us, we may collect information from you including your name, email address, mailing address, phone number, payment information, such as a credit card number and/or other related information that may be needed to complete your purchase.

Communications with Us. When you choose to request information about our Services, register to receive Sway communications by email or text messaging, participate in promotions or loyalty programs that we may offer, request to receive customer or technical support or otherwise communicate with us, we may collect Personal Information from you such as your email address, phone number, or mailing address.

Surveys and Reviews: From time to time, we (or third parties on our behalf) may contact you to participate in surveys or beta testing or provide reviews and testimonials. If you decide to participate, you may be asked to provide certain information. We may use that information to improve our Services and/or in any manner consistent with this Privacy Policy.

Posting on the Sway Services. Sway may offer publicly accessible blogs, private messages, or community forums. You should be aware that when you disclose information about yourself in these spaces, Sway may collect the information you provide in such submissions.

Video, Body, and Face Data. If you have granted us permission to access your camera or camera roll, we may collect photos and videos that you choose to provide to us in the process of using our App. We obtain only the specific images you choose to modify using the App; we do not collect your photo albums even if you grant us your access to them.



Information We Collect Automatically 

Location Information. Based on your interaction with the Services, the type of device you use to access the Services, and your device’s connectivity, we may collect location-based information including your Internet Protocol (IP) address and GPS information to determine your general location. Unless you provide us with your consent to do otherwise, this information will only be used by us and our third-party service providers to provide you with the Services or in an aggregated and anonymized format, which does not identify you. If you no longer wish to have us collect and use this location information you may disable the location features of your device.

Cookies and Similar Technologies. We, as well as third parties that provide content, advertising, or other functionality on our Services, may use cookies and similar technologies to automatically collect information about you through the Services. You can read more about how we use cookies and similar technologies in Section 5, “Do We Use Cookies and Other Tracking Technologies,” below.

Mobile Device Access. We may request access or permission to certain features from your mobile device, including your mobile device's camera, microphone, contacts, sensors, social media accounts, storage, and other features. If you wish to change our access or permissions, you may do so in your device’s settings.

Mobile Device Data. We may automatically collect device information (such as your mobile device ID, model and manufacturer), operating system, version information, and IP address.

Other Information We Collect Automatically as you Navigate our Services. We may collect certain additional information automatically, including, but not limited to, the type of device you use and your user settings, your operating system, the type of Internet browsers you use, and information about the way you use our Site and Services.


Information Collected From Other Sources

We may obtain information about you from other sources, such as joint marketing partners, social media platforms (such as Facebook), as well as from other third parties.

Payment Processors: When you make purchases through the Services, we may process your payments through a third-party application, such as an App Store or, in the case of online purchases, via a third-party payment processor. In these instances, the third-party application may collect certain financial information from you to process a payment on our behalf, including your name, email address, physical address and other billing information in which case the use and storage of your financial information is governed by the third-party app’s terms, conditions, and privacy policies.

Social Media Platforms: If you link your account on a third-party platform such as Facebook to your Sway account, the provider of that third-party platform may make certain information available to us. This can include information necessary to facilitate the integration as well as any additional information the provider chooses to share with Sway or which you have permitted the provider to share through your privacy settings. We encourage you to check the privacy settings and privacy policies of these third-party platforms to understand what information might be shared with us.

Third-Party Authentication Providers: If you create an account on Sway, we ask you to supply a username and password. Alternately, we allow you to sign up with third-party authentication providers such as Apple. If you choose to login using one of these third-party authentication providers, we may receive your name and email address from that provider. For more information, please see Section 6, “How Do We Handle Your Logins?” below.

2. HOW DO WE USE YOUR INFORMATION?

In Short:  We process your Personal Information for a variety of business purposes including to provide and protect our Services, communicate with users, and analyze and improve our business. 

Specifically, we use the information we collect or receive to:


  • Analyze the photos and videos you provide. When you use our App to upload photos and videos we analyze those photos and videos for their visual content (pixels) and for identifiable body parts (including the face). We use this data to train machine learning models (digital avatars), which you can use to create videos and stickers of novel body motions such as dancing and martial arts movements. This data is stored on our secure servers, hosted by AWS. We do not and will not share this data with third parties without your explicit consent. You can share the data if you desire, through the App’s built-in sharing feature, or if you choose to make your videos or stickers public. We do not use this information to identify you.
  • Facilitate account creation and the log-on process. If you choose to link your account with us to a third-party account (such as your Google or Facebook account), we use the information you allowed us to collect from those third parties to facilitate account creation and log-on process. See Section 6, "How Do We Handle Your Logins" for further information.
  • Send you marketing and promotional communications. We may use your Personal Information to send you marketing and promotional emails if this is in accordance with your marketing preferences. You can opt-out of our marketing emails at any time (see Section 12, "What Are Your Privacy Rights" below).
  • Send administrative information to you. We may use Personal Information to communicate with you about product, service and new feature information and/or information about changes to our terms, conditions, and policies.
  • Post testimonials. We may post testimonials on our Services or App that may contain Personal Information. Prior to posting a testimonial, we will obtain your consent to use your name and testimonial. If you wish to update or delete your testimonial, please contact us at privacy@humen.ai and be sure to include your name, testimonial location, and contact information.
  • Deliver targeted advertising to you. We may use your information to develop and display content and advertising (and work with third parties who do so) tailored to your interests and/or location and to measure its effectiveness.
  • Administer prize draws and competitions. We may use your information to administer prize draws and competitions when you elect to participate in competitions.
  • Request Feedback. We may use Personal Information to request feedback from you about your use of our Services or App and respond to your requests, inquiries, comments, and suggestions.
  • Protect our Services and enforce our terms, conditions, and policies. . We may use your information as part of our efforts to keep our Services or App safe and secure (for example, for fraud monitoring and prevention).
  • Enable user-to-user communications.We may use your information in order to enable user-to-user communications with each user's consent.
    • Send you push notifications. We may request to send you push notifications regarding your account or the App. If you wish to opt-out from receiving these types of communications, you may turn them off in your device's settings.
    • Personalize and improve the Site and Services. We may use your information to provide content and features that match your interests and preferences or otherwise customize your experience on the Site and Services.
  • Respond to legal requests and prevent harm. If we receive a subpoena or other legal request, we may need to inspect the data we hold to determine how to respond.
  • Manage user accounts. We may use your information for the purposes of managing your account and keeping it in working order.
  • Respond to user inquiries/offer support to users. We may use your information to respond to your inquiries and identify, fix, and troubleshoot any potential issues you might have with the use of our Services.
  • Carry out any other purpose described to you at the time the information was collected.


3. WHAT ARE OUR LEGAL BASES FOR PROCESSING YOUR INFORMATION?

In Short: The laws in some jurisdictions require companies to tell you about the legal grounds they rely on to use or disclose your personal data. 

 

To the extent those laws apply, our legal grounds are as follows:

  • Legitimate interest:In most cases, we handle Personal Information on the ground that it furthers our legitimate interests in commercial activities such as the following in ways that are not overridden by the interests or fundamental rights and freedoms of the affected individuals:
    • Providing the Services pursuant to our contract with our users
    • Communicating with our users about features, offers, contests, administrative matters, and updates to our Services
    • Protecting our users, personnel, and property
    • Analyzing and improving our business
  • Legal compliance: We need to use and disclose personal data in certain ways to comply with our legal obligations.
  •  To honor our contractual commitments to an individual: Some of our processing of personal data is to meet our contractual obligations to the individual to whom the personal data pertains.
  • Consent: Where required by law, and in some other cases, we handle personal data on the basis of implied or express consent. For instance, in relation to direct marketing, we will obtain and rely on your consent in relation to the processing concerned.


4. WILL YOUR INFORMATION BE SHARED WITH ANYONE?

In Short:  We only share information with your consent, to comply with laws, to provide you with services, to protect your rights, or to fulfill business obligations.

We share information about you with certain third parties in the following circumstances:

  • Business transfers: We may share Personal Information with another company in connection with or during negotiations of any merger, acquisition, financing, re-organization, bankruptcy, sale of all or a portion of our assets, or transition of services to another provider.
  • Legal requirements: We may share Personal Information when we believe it is necessary to comply with a legal obligation, to protect Sway’s rights and property, to protect the safety of our users, or to defend against legal liability.
  • Consent: We may share Personal Information with third parties with your consent and at your direction, including if we notify you that the information you provide will be shared in a particular manner and you provide that information. 
  • Analytics: We may share data with third-party analytics providers that assist us in the improvement and optimization of our website.
  • Third-Party advertisers. We may use third-party advertising companies to serve ads when you visit the Services or App. These companies may use information about your visits to our Site and other websites that are contained in web cookies and other tracking technologies in order to provide advertisements about goods and services of interest to you. 
  • Business partners. We may share your information with our business partners to offer you certain products, services or promotions.
  • Other users.When you share Personal Information (for example, by posting comments, contributions or other content to the Services or App) or otherwise interact with public areas of the Services or App, such Personal Information may be viewed by all users and may be publicly distributed outside the Services or App in perpetuity. If you interact with other users of our Services or App and register through a social network (such as Facebook), your contacts on the social network will see your name, profile photo, and descriptions of your activity. Similarly, other users will be able to view descriptions of your activity, communicate with you within our Services or App, and view your profile.

    · Offer wall. Our App may display a third-party hosted “offer wall.” Such an offer wall allows third-party advertisers to offer virtual currency, gifts, or other items to users in return for acceptance and completion of an advertisement offer. Such an offer wall may appear in our App and be displayed to you based on certain data, such as your geographic area or demographic information. When you click on an offer wall, you will leave our App. A unique identifier, such as your user ID, will be shared with the offer wall provider in order to prevent fraud and properly credit your account.



We may also share aggregate or de-identified information which cannot reasonably be used to identify you.

5. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?

In Short:  We may use cookies and other tracking technologies to collect and store your information.

We, as well as third parties that provide content, advertising, or other functionality on our App or Services, may use cookies and similar technologies to automatically collect information through the Services. Cookies are small data files placed on your computer, tablet, mobile phone, or other device that allows us to record certain pieces of information whenever you visit or interact with our Site, Services, or App and allows us to recognize you across devices. You can disable cookies, limit the type of cookies you allow, or set your browser to alert you when cookies are being sent. Please refer to the guidance offered by your web browser if you’d like help managing your cookie preferences.

We may also use third-party analytics companies to collect information to help us analyze how people use our Services and to understand visitor demographics on some of our Services. These companies may collect and use information in accordance with their own privacy policies. The third-party analytics companies that operate in our Services is Google Firebase and Google Analytics.

Our uses of cookies and similar technologies fall into the following general categories:

  • Operationally Necessary. This includes technologies that allow you access to our Services, applications, and tools that are required to identify irregular Site behavior, prevent fraudulent activity, and improve security or that allow you to make use of our functions such as saved search, or similar functions;
  • Performance Related. We may use technologies to assess the performance of our Services, including as part of our analytic practices to help us understand how our visitors use the Services;
  • Functionality Related. We may use technologies that allow us to offer you enhanced functionality when accessing or using our Services. This may include identifying you when you sign into our Services or keeping track of your specified preferences, interests, or past items viewed;
  • Advertising or Targeting Related. We may use first-party or third-party technologies to deliver content, including ads relevant to your interests, on our Services or on third-party sites.


6. HOW DO WE HANDLE YOUR LOGINS?

In Short:  If you choose to register or log in to our Services using a social media account, we may have access to certain information about you

Our Services or App offer you the ability to register and login using your third-party social media account details (like your Facebook or Twitter logins). Where you choose to do this, we will receive certain profile information about you from your social media provider. The profile information we receive may vary depending on the social media provider concerned, but can include your name, e-mail address, friends list, profile picture as well as other information you choose to make public. If you login using Facebook, we may also request access to other permissions related to your account, such as your check-ins, and likes, and you may choose to grant or deny us access to each individual permission.

We will use the information we receive only for the purposes that are described in this Privacy Policy or that are otherwise made clear to you on the Services or App. Please note that we do not control, and are not responsible for, other uses of your Personal Information by your third-party social media provider. We recommend that you review their privacy policy to understand how they collect, use and share your Personal Information, and how you can set your privacy preferences on their sites and apps.

Our App uses “Sign In With Apple” which may scan your face. “Sign In With Apple” is an optional method of signing into our Service, we also provide other means of signing in. If you do choose to use the “Sign In With Apple” feature, our App has no access to the face data that Apple scans. For more information regarding how Apple uses the face data in conjunction with “Sign In with Apple”, please see Apple’s privacy policy.


7. IS YOUR INFORMATION TRANSFERRED INTERNATIONALLY?

In Short:  We may transfer, store, and process your information in countries other than your own.

Our servers are located in the United States. If you are accessing our Services or App from outside United States, please be aware that your information may be transferred to, stored, and processed by in any country where we have operations or where we engage vendors or service providers. These countries may not have the same data protection laws as the country in which you originally provided the data. By using our Services or submitting your personal data to us, you agree to such transfers.

Where personal data is transferred outside the European Economic Area to a third party in a country that is not subject to an adequacy decision by the EU Commission, data is adequately protected by Standard Contractual Clauses, an appropriate Privacy Shield certification, or a vendor’s Processor Binding Corporate Rules. If you would like a copy of the relevant mechanism please contact us at privacy@humen.ai.


8. WHAT SHOULD YOU KNOW ABOUT LINKS TO OTHER WEBSITES AND THIRD-PARTY CONTENT?

In Short:  We are not responsible for the safety of any information that you share with third-party providers who are linked to or advertise on our Site or App, but are not affiliated with, us.

The Services or App may contain links to third-party websites, services, and applications that are not affiliated with us. The fact that we link to a website, service, or application is not an endorsement, authorization, or representation of our affiliation with that third party. We urge you to review the privacy policies of such third parties before you provide any personal data to or through them.


9. WHAT IS OUR STANCE ON CHILDREN?

Our Services are intended for adults and we do not knowingly collect personal data from children. If you are a parent or legal guardian and think your child under the age of 13 (or a higher age threshold where applicable) has given us personal data without your consent, please contact us at privacy@humen.ai.


10. HOW LONG DO WE KEEP YOUR INFORMATION?

In Short:  We keep your information for as long as necessary to fulfill the purposes outlined in this Privacy Policy unless otherwise required by law.

We will only keep your Personal Information for as long as it is necessary for the purposes set out in this Privacy Policy, unless a longer retention period is required or permitted by law (such as tax, accounting or other legal requirements).

When we have no ongoing legitimate business need to process your Personal Information, we will either delete or anonymize it, or, if this is not possible (for example, because your Personal Information has been stored in backup archives), then we will securely store your Personal Information and isolate it from any further processing until deletion is possible.


11. HOW DO WE PROTECT YOUR INFORMATION?

In Short:  We aim to protect your Personal Information through a system of organizational and technical security measures.

We have implemented appropriate technical and organizational security measures designed to protect the security of any Personal Information we process. However, there is always some risk involved in transmitting information over the Internet and storing information electronically. Sway cannot and does not guarantee absolute security.


12. WHAT ARE YOUR PRIVACY RIGHTS?

In Short:  You have a variety of rights and choices related to our use of your Personal Information, including some rights you may be eligible for depending on where you live. 

Account Information: If you would, at any time, like to review or change the information in your account or terminate your account, you may do so by contacting us at privacy@humen.ai. Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. However, some information may be retained in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our Terms of Use and/or comply with legal requirements.

Cookies and similar technologies: Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or services of our Services or App. To opt-out of interest-based advertising by advertisers on our Services or App, please visit http://www.aboutads.info/choices/.

Opting out of email marketing: You can unsubscribe from our marketing email list at any time by clicking on the unsubscribe link in the emails that we send or by contacting us using the details provided below. It may take up to 10 days to process your request. Please note that we will still need to send you service-related emails that are necessary for the administration and use of your account. You may also opt out by contacting us at privacy@humen.ai.

Limiting Information Available Through Third-Party Platforms: If you want to limit or stop receipt of information from third-party platforms, such as social networks which are linked to your Sway account, you can change your privacy settings on those other websites. You may also choose not to use social features we make available.

Data Requests: In some instances you may be eligible to request that we provide access to and/or a copy of certain personal data we hold about you; ask that your personal data be corrected, updated, or erased; object to our processing of your personal data; request that we restrict certain processing; transfer your personal data to a third party; or honor your withdrawal of consent for certain processing of your personal data. We will consider all requests and provide our response within the time period stated by applicable law. Please note, however, that certain information may be exempt from such requests in some circumstances, which may include if we need to keep processing your information for our legitimate interest or to comply with a legal obligation. Before responding to your request, we may require that you provide us with additional information to confirm your identity. You have the right to lodge a complaint with the authorities applicable to your situation. However, we invite you to contact us with any concern, as we would be happy to try to resolve it directly.


If you are a resident of California, California law requires us to disclose the following information with respect to our collection, use, and disclosure of your Personal Information.


Notice of Collection: Although the information we collect is described in greater detail in Section 1 “What Information Do We Collect” above, the categories of Personal Information that we have collected – as described by the CCPA – including in the past 12 months are:

  • Identifiers. This includes name, email address, IP address, and mobile device ID.
  • Other individual customer records: This may include phone number, billing address, and payment card information. This category includes personal information protected under pre-existing California law (Cal. Civ. Code § 1798.80(e)), and overlaps with other categories listed here.
  • Commercial information: including purchasing information and engagement with our Services.
  • Internet activity: including referring and exiting pages and your interactions with our Services.
  • Geolocation data: including location-enabled services such as WiFi and GPS.
  • Sensory information: including photos and videos.
  • Inferences: including information about your interests and preferences.


Business or Commercial Purpose for Collecting and Using Personal Information: We collect each category of Personal Information listed above for the business or commercial purposes described in Section 2, “Howe Do We Use Your Information” above.


Categories of Sources of Personal Data: We collect each category of Personal Information listed above directly from you, through automatic data collection means, or through the third-party sources described in Section 1, “What Information Do We Collect” above.


Categories of Personal Data Disclosed: In the preceding 12 months, we have disclosed each category of Personal Information listed above in the circumstances described in Section 4, “Will Your Information Be Shared With Anyone” above.


Categories of Third Parties With Whom We Share Personal Data: We may share each category of Personal Information listed above with the third parties described in Section Will Your Information Be Shared With Anyone” above.


Right to Know: California residents may request disclosure of the specific pieces and/or categories of personal data that we have collected about them, the categories of sources for that Personal Information, the business or commercial purposes for collecting the information, the categories of Personal Information that we have disclosed, and the categories of third parties with which the information was shared. To request this information please contact us at privacy@humen.ai.


Right to Opt-Out: Sway does not sell Personal Information to third parties for monetary value. However, the term “sale” is defined broadly in the CCPA. To the extent that “sale” under the CCPA is interpreted to include interest-based advertising or other data uses described in the “How We Use Information” section above, California residents are entitled to opt-out of the “sale” of data at any time.


Deletion: You may request that we delete the Personal Information we have collected about you (subject to certain exceptions). Please be aware that we may keep certain information as required or permitted by applicable law. To exercise this right, please contact us at privacy@humen.ai or using our contact information below.


Authorized Agent: You may designate an authorized agent to make a request on your behalf. To do so, you must provide a valid power of attorney, the requester’s valid government-issued identification, and the authorized agent’s valid government-issued identification. To verify the request, we may contact you directly.


Right to Non-Discrimination: Limiting use of, or deleting, your Personal Information may affect features and uses that rely on that information. However, we will not discriminate against you for exercising any of your rights, including denying you goods or services, providing you with a different level or quality of services, or charging you different prices or rates for services.


Shine the Light: California Civil Code § 1798.83, also known as the “Shine The Light” law, permits California residents to request and obtain from us, once a year and free of charge, information about categories of Personal Information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.


Do Not Track: Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track (“DNT”) feature or setting you can activate to signal your preference not to have data about your online browsing activities monitored and collected. No uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this Privacy Policy.



13. DO WE MAKE UPDATES TO THIS POLICY?

In Short:  Yes, we will update this policy if our practices change and as necessary to stay compliant with relevant laws

We may update this privacy policy from time to time. If we do, we will update this policy, post it on our website, and indicated when it was last revised. If we make material changes to this privacy policy, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this Privacy Policy frequently to be informed of how we are protecting your information.


14. HOW CAN YOU CONTACT US ABOUT THIS POLICY?

If you have questions or comments about this policy, you may email us at privacy@humen.ai or write us at:

Humen, Inc., 600 California St., San Francisco, CA 94108, United States.