PRIVACY POLICY FOR SWIPEBY APP

Last Updated and Effective Date: 19th March, 2019

This Privacy Policy is incorporated by reference into the Terms of Use and End User License Agreement (the “Terms”) for the SWIPEBY App offered by Neighbor, INC (“Neighbor,” “we,” or “us”).  

This Privacy Policy explains how we collect, use, and disclose information you give us or that we otherwise obtain about you through the SWIPEBY App. We may change this Privacy Policy from time to time, and we will notify you of changes through the SWIPEBY App or by electronic message to the email address registered for you with your SWIPEBY account. Any changes will be effective immediately upon notice being sent to you. WHEN YOU ACCESS THE SWIPEBY APP, YOU AGREE TO THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, OR TO ANY CHANGES WE MAY SUBSEQUENTLY MAKE, THEN IMMEDIATELY STOP ACCESSING THE SWIPEBY APP.

“Personal Information” means information that alone or when in combination with other information may be used to readily identify, contact, or locate you, such as your name, address, email address, or phone number. We do not consider Personal Information to include information that has been anonymized so that it does not allow a third party to easily identify a specific individual.

By accessing and/or using the SWIPEBY App, you authorize us to gather, parse, and retain data related to or generated by your use of the SWIPEBY App and collect, use and disclose that information as described in this Privacy Policy.

The SWIPEBY App is not intended for use by individuals under the age of thirteen (13), and we request that they do not provide Personal Information to or through the SWIPEBY App.

1.       COLLECTION OF PERSONAL INFORMATION

The SWIPEBY App collects or may collect Personal Information:

• when you register;

• during use, including placing of and payment for orders through the SWIPEBY App;

• when you communicate with us through the SWIPEBY App; and

• from other users, including participating restaurants.

The SWIPEBY App also collects information, such as anonymous usage statistics, by using cookies, server logs, and other similar technology as you use the SWIPEBY App.

Personal Information Collection. You must register to use the SWIPEBY App. To register, you may need to provide Personal Information, such as your e-mail address, a user name, birth date and password. You may also provide other optional information.

Social Media Sign-On. The SWIPEBY App collects Personal Information from social media websites/services when you use that social media website or service credentials to log in. For example, when you log in with your Facebook credentials, the SWIPEBY App may collect the Personal Information you have made publicly available in Facebook, such as your name and profile picture.

Using the SWIPEBY App. The SWIPEBY App collects information from you, and about you from other users, through use of the SWIPEBY App. For example, you may provide your name, mailing address, e-mail address, credit card number and phone number when registering with the SWIPEBY App, and we may obtain personal info when you interact with participating restaurants to make purchases. Certain information may not be personally identifiable when standing alone (e.g., your age), but may become so when combined with other information (e.g., your age and name). Whether or not you provide this information is your choice; however, in many instances this type of information is required to use the SWIPEBY App for a particular activity, such as the purchase of food items.

Making Payments. When you make payments through the SWIPEBY App, you will need to provide Personal Information to our third-party service providers, such as your name, billing address, and credit card number.

Customer Support. The SWIPEBY App may collect Personal Information through your communications with the SWIPEBY App or any of our customer-support team members.

Location and Device Information from Your Mobile Device. The SWIPEBY App may collect and store your location and device information. Certain mobile service providers uniquely identify mobile devices and we or our third-party service providers may receive such device information if you access the SWIPEBY App through mobile devices. Certain features of the SWIPEBY App may require collection of mobile phone numbers, and we may associate that phone number to mobile device identification information. Additionally, some mobile phone service providers operate systems that pinpoint the physical location of devices that use their service. Depending on the provider, we or our third-party service providers may receive this information. Collection of this information may improve the provision of the SWIPEBY App and provide you with access to customized offers.

Cookies, Automatic Data Collection, and Related Technologies. The SWIPEBY App collects and stores information that is generated automatically as you use it, including your preferences and other Personal Information and anonymous usage statistics. When you use or interact with the SWIPEBY App, we and our third-party service providers, including analytic service providers, may use a variety of technologies, now known and hereafter devised, that automatically collect certain information that is generated automatically as you use the SWIPEBY App. We and our third-party service providers receive and record information on our server logs from your browser, including your IP address, and from cookies and similar technology, for various purposes including system administration, reporting non-personal aggregate information to others, and tracking the use of the SWIPEBY App. Cookies are small text files placed in a user’s computer browser to store the user’s preferences. Most browsers allow you to block, refuse to accept and/or delete cookies. However, if you do that, then the service may not work properly and/or some parts of the SWIPEBY App will not function properly or be available to you.

Analytics Services. We may use third-party tools to collect and aggregate anonymous information about how users interact with the SWIPEBY App by their use of cookies, web beacons (discussed below), and other technologies, and we use this aggregated information to adapt, modify and/or improve the SWIPEBY App for the benefit of our users and partners. If you do not wish to have these tools collect anonymous information about your activities on the SWIPEBY App, then you should not use the SWIPEBY App.

2.       HOW WE USE AND SHARE YOUR INFORMATION

We may use and share your information:

• To consummate transactions you initiate through the SWIPEBY App;

• To facilitate and improve the SWIPEBY App;

• To provide marketing and advertising;

• To comply with legal obligations;

• To protect and defend our rights and property or the safety of other users;

• With your permission;

• To communicate with you, as well as with other users and our business partners; and

• For other purposes contemplated in this Privacy Policy.

Communications. We may send email to the email address you provide to us to verify your account and for informational and operational purposes, such as account management, customer support, or system maintenance. We may also email or otherwise communicate with you in response to activity on the SWIPEBY App. If you send us an email or message with questions or comments, then we may use your Personal Information to respond to your questions or comments, and we may save your questions or comments for future reference. For security reasons, we recommend that you not send non-public Personal Information, such as passwords, social security numbers, or bank account information, to us by email.

Marketing. We may use information, including Personal Information, to enable advertising and marketing, including to others both online and through other means. We may sell aggregated, anonymized information to third parties or permit advertising to you by third parties based upon your Personal Information.

Vendors and Service Providers. We may share any information we receive with vendors and service providers retained in connection with the provision of the SWIPEBY App.

Displaying to Other Users. The protections described in this Privacy Policy do not apply when you provide information (including Personal Information) in connection with your use of SWIPEBY App. The information you post to the SWIPEBY App may be displayed to other users, including participating restaurants. We are not responsible for privacy practices of such other users or third parties, including those who view and use the posted information you choose to make available on or through the SWIPEBY App, or for events arising from the distribution of any information you choose to publicly post or share through the SWIPEBY App.

As Required By Law. Notwithstanding anything herein to the contrary, we reserve the right to, and we may, access, preserve and/or disclose your Personal Information, other account information, non-personal information and content if we believe doing so is required or appropriate to: (a) comply with government or law enforcement requests and legal process, such as a court order or subpoena; (b) protect or defend yours’, ours’ or others’ rights, property or safety or the SWIPEBY App; (c) with respect to notices and counternotices pursuant to our DMCA notice and takedown policy and procedures; (d) if we otherwise believe that such action is necessary to conform with the requirements of the law or legal process; and/or (e) in an emergency to protect the health and safety of SWIPEBY App users or the general public.

Non-Personal Information. We use non-personal information in a variety of ways, including to help analyze site traffic, understand user needs and trends, carry out targeted promotional activities and to improve our services. We may use your non-personal information by itself or aggregate it with information we have obtained from others or other sources. We may share your non-personal information with our affiliated companies and third parties to achieve these objectives and others. We also reserve the right to use IP addresses to (a) identify a visitor when we feel it is necessary to enforce compliance with the SWIPEBY App rules; (b) fulfill a government request; (c) conform with the requirements of the law or legal process; (d) protect or defend our legal rights or property, the SWIPEBY App, or other users; or (e) in an emergency to protect the health and safety of the SWIPEBY App’s users or the general public.

Merger, Sale, or Other Asset Transfers. If any of us or the SWIPEBY App is involved in a change in control, merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership and/or sale assets, or if the event of a transition of the SWIPEBY App to another provider, then your information (including Personal Information) may be sold or transferred as part of such a transaction as permitted by law and/or contract. The use of your information following any of the foregoing events will be governed by the provisions of the Privacy Policy in effect at the time such information was collected by us.

3.       SECURITY

Unfortunately, mobile networks and the internet cannot be guaranteed to be 100% secure, and we cannot ensure or warrant the security of any information you provide or transmit to us. We do not accept liability for, and you agree that we are not liable or responsible for, the inadvertent, unintentional disclosure, theft or destruction of your Personal Information or other information. Do not share any information on or through the SWIPEBY App if you are concerned about the unauthorized access to such information by a third party.

By using the SWIPEBY App or providing Personal Information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the SWIPEBY App. If we learn of a security system’s breach, then we may attempt to notify you electronically by posting a notice on the SWIPEBY App, by sending an in-app notification or sending an email to you at the last e-mail address you have provided us; provided, however, delays in notification may occur while we take necessary measures to determine the scope of the breach and restore reasonable integrity to the system as well as for the legitimate needs of law enforcement if notification would impede a criminal investigation.

4.       CHILDREN’S PRIVACY

We do not knowingly collect personal information from children under 13, as that term is defined in rules implementing the Children’s Online Privacy Protection Act.

No part of the SWIPEBY App is directed to children under the age of 13. If you are a parent or guardian of a child under the age of 13 and learn that such child has provided us with Personal Information without your consent, then you may alert us at [insert email address]. A parent or guardian of a child under the age of 13 may review and request deletion of such child’s Personal Information as well as prohibit the use thereof.

If we learn that we have collected any personal information from children under 13, then we will promptly take steps to delete such information and terminate the child’s account.

5.       CALIFORNIA PRIVACY RIGHTS

Under the California “Shine The Light” law, California residents may opt-out of our disclosure of Personal Information to third parties for their direct marketing purposes. You may choose to opt-out of this sharing at any time by submitting a request to hello@swipe.by. This opt-out does not prohibit disclosures made for non-marketing purposes or for marketing by us. If you are a resident of California, then, pursuant to California Civil Code Section 1798.83, you may request information regarding our disclosure of your personal information to a third party for that party’s direct marketing purposes. Any such disclosure made to a third party by us would be otherwise in accordance with the terms of this Privacy Policy. To make such a request please send an email to hello@swipe.by or write to us at:

Neighbor, INC

Attn: Privacy Policy

550 N. Liberty Street

Winston-Salem, 27101 NC

Email: hello@swipe.by

then please send an email to hello@swipe.by

6.       CHANGES

 From time to time, we may desire to use Personal Information for uses not previously disclosed in our Privacy Policy. If our practices change regarding previously collected Personal Information in a way that would be materially less restrictive than stated in the version of this Privacy Policy in effect at the time we collected the information, then we will make reasonable efforts to provide notice and obtain consent to any such uses as may be required by law.

7.       CONTACT INFORMATION 

If you would like to update or correct any information that you have provided to us through your use of the SWIPEBY App or otherwise, or if you have questions about this Privacy Policy, you can contact us at:

Neighbor, INC

Attn: Privacy Policy

550 N. Liberty Street

Winston-Salem, 27101 NC

Email: hello@swipe.by