<em>Swash & Buckler</em>

SWASH & BUCKLER PRIVACY POLICY

Last updated – April 16, 2016

  1. 1) General
    1. a) Policy. Swash & Buckler is a web, mobile and interactive service (the “Service”) owned and operated by Swash & Buckler, LLC (“Company” or “we”). The Service includes the web site located at www.SwashandBuckler.com (the “Site”). This Privacy Policy (this “Policy”) governs how we collect, use and share the information we obtain online and off-line, from and about Company users (“ Users” or “you”). Your use of the Service or the Site indicates that you have unconditionally accepted our privacy practices, as outlined in this Policy. In addition, please read our Terms of Service (https://www.swashandbuckler.com/tos.php) which also govern your use of Company.
    2. b) Revisions. From time to time, Company reserves the right, in its sole discretion, to modify, update, add to, discontinue, remove, revise or otherwise change any portion of this Policy, in whole or in part, at any time. When we amend this Policy, we will revise the “last updated” date located at the top of this Policy. For changes to this Policy that we consider to be material, we will place a notice on the Site by revising the link on the home page to read substantially as “Updated Privacy Policy” for a reasonable amount of time which may be up to sixty (60) days. If you provide information to us or access or use the Service in any way after this Policy has been changed, you will be deemed to have unconditionally consented to such changes. The most current version of this Policy will be available on the Site and will supersede all previous versions of this Policy.
    3. c) Notice. Personally Identifiable Information (“PII”) is information that identifies you or could reasonably be used to identify you personally (such as your real name, address, phone number or email address). For example, when you create an account with us or submit a comment, your PII is stored on the Company server. When you provide PII to Company via the Service, we will tell you who is collecting the information, how and why the information is being collected, and how it may be used. We will give you options regarding our use of your PII, including whether we can share it with outside companies.
  2. 2) Collection of Information
    1. a) Submission. Company collects PII in order to enhance the Service for Users. The information we collect depends on what you do when you visit our Site and/or how you interact with the Service. Please note that we do not collect PII about you, including your name, email address, telephone number or postal address, when you visit our Site, unless you choose to provide such information to us by registering with us, setting up an account, and/or contacting us regarding the Site or the Service. If at any time you do provide us with such information, we will collect it. In addition, we may collect your PII on behalf of third parties and we may provide your PII to such third parties if you have agreed or consented for us to do so.
    2. b) Non-Personally Identifiable Information. When your computer contacts our web servers (for example, when you visit the Site, or view an HTML e-mail), our web servers automatically collect Site usage information. Site usage information is non-identifying information that describes how our visitors use and navigate our Site. It can include, without limitation, the number and frequency of visitors to each web page and the length of their stays, browser type, referrer data that identifies the web page visited prior and subsequent to visiting our Site, and IP addresses (see below for more information on IP addresses). We also may determine the applicable technology available in order to serve you the most appropriate version of a web page, e-mail or similar service. This information is used to analyze and improve the Site.
    3. c) Cookies. We may collect PII using “cookies". Cookies are small bits of information that a website places on your computer’s hard drive. Cookies remember information about your activities on the Site and can make your visits to the Site easier and more enjoyable. For example, Company can store your password for easy logon next time you visit the Site, and can save your preferences and subscription options to personalize your home page. Company may use cookies to identify your web browser, determine whether you have installed software necessary to access certain material on our Site, determine the total number of visitors to our Site, and to recognize you when you return to our Site. We may also use information about your activities on the Site to limit the ads you see on our Site to those we think you may be interested in. You can program your computer to warn you when a cookie is being sent or to refuse cookies completely, but without cookies you may not have access to certain Service features. Third party advertisements displayed on as part of the Service may also contain cookies set by the advertisers. Company does not control these cookies. Users should check the advertiser’s privacy policy to determine whether and how it uses cookies.
    4. d) Use of Web Beacons. Our web pages or e-mail messages may contain a small graphic image called a web beacon, which is sometimes also called a “clear gif", that allows us to monitor and collect certain limited information about our Users, such as the type of browser requesting the web beacon, the IP address of the computer that the web beacon is sent to and the time the web beacon was viewed. Web beacons can be very small or invisible to the user, but, in general, any electronic image viewed as part of a web page or e-mail, including HTML based content, can act as a web beacon. We may use web beacons to count visitors to Site or to monitor how our users navigate the Site, and we may include web beacons in e-mail messages in order to count how many messages we sent were actually opened or acted upon. We may also use web beacons to compile aggregate statistics about the Service and our marketing campaigns.
    5. e) Site Visitors. We may collect certain information about Site visitors for site maintenance, optimization, security and other legally permissible purposes. Such information may include, without limitation, visitors’ IP addresses, browser types, dates, times, and duration of visits, and particular pages viewed. An IP address is a number that is assigned to your computer or network when you are linked to the Internet. When you request pages from our Site, our servers log your IP address. We may use IP address for a number of purposes, such as system administration, to report aggregate information to our business partners or to audit the use of the Site. We may associate your IP address with the PII you provide.
    6. f) Manual. We may collect PII from consumers in manual format or off-line, such as a post card or subscription form.
    7. Special Notice Regarding Minors

      Company respects the privacy of children of all ages. Company particularly recognizes the sensitivity of personal information concerning persons under the age of 18 and therefore provides this special notice to parents and guardians regarding the collection and use of information collected from children in this age group. The Service is not directed toward persons under the age of 18 unless they are using the Service under the supervision or with the consent of a parent or guardian. Those under the age of 18 should use the Service only with the involvement of a parent or guardian and should not submit any PII to Company. If we discover that a person under the age of 18 has provided Company with PII, Company will use commercially reasonable efforts to delete such person’s PII from its system.

  3. 3) Company’s Use and Disclosure of Collected Information
    1. a) Policy. Company will use PII which you provide and which we obtain from third parties, such as business partners, in a manner consistent with this Policy.
    2. b) Notice. Company may use your PII to send you important information and notices regarding your Service account, the Service itself, to contact you in connection with a promotion or for other purposes disclosed when you provide the information. Company may share PII with third parties Company uses to perform certain tasks for Company such as download/subscription processing, purchase/order fulfillment, responding to service requests and payment processing. We may also contact you regarding any problems or questions we have relating to your use of the Service, or in our discretion, notify you of changes to the Policy, Terms and Conditions or other policy or terms that affect you and your use of the Service. We may also use information about our Users, including PII, for internal purposes.
    3. c) Affiliates and Third Parties. Company employees, agents, contractors and customers must have a legitimate business reason to obtain access to your PII. Company may share your PII with its outside contractors or agents who help us manage certain tasks (e.g. administration, statistical analyses). Such contractors or agents will have access to your PII to the extent it is needed to perform their duties and functions and will not share your information with any third party or use it for any other purpose. If you have given us permission to do so, Company may share your PII with advertisers and business partners that are not affiliated with Company but would like to send you information about their products and services. You will always have the option to instruct us not to share your PII with unaffiliated third parties.
    4. d) Legal Use. Company may disclose PII in order to protect the legal rights of Company, its affiliates or their employees, agents and contractors; to protect the safety and security of visitors to our Site; to protect the rights, property or safety of Company; or when legally required to do so, at the request of governmental authorities conducting an investigation, or to verify or enforce compliance with the policies governing the Service and applicable laws. If you ask Company to stop using your PII, Company will honor your request but retain any record of your PII as necessary to comply with applicable federal, state or local law.
    5. e) Sale or Transfer. If Company sells all or part of its business, makes a sale or transfer of assets or is otherwise involved in a merger, business transfer or other fundamental corporate change Company reserves the right to disclose, share and/or otherwise transfer User information, including without limitation, PII to a third party as part of such transaction.
    6. f) Promotions. If you choose to participate in a Company promotion, your PII may be disclosed to third parties in connection with such promotion, including without limitation for purposes of posting your entry with attribution or otherwise as permitted in the official rules for the promotion in question, fulfilling your prize or including your name on a winners list. Also, by entering a promotion, we may require you to consent to the use of your PII or other information, such as name, voice or likeness, in advertising, promotional and marketing materials. In addition, we may offer certain promotional content sponsored by or co-branded with a third party, who may obtain the PII that you submit.
  4. 4) Security

    We use various security measures to protect personal information that we collect. We strive to ensure the security of your PII on our systems, including limiting access to the PII contained on our servers. Unfortunately, no security measures are perfect or impenetrable and data transmission over the Internet can be guaranteed to be 100% secure. We cannot and do not ensure or warrant the security of any information you transmit to Company and you do so at your own risk.

  5. 5) Collection In and Transfer To and From United States

    The Service is operated in the United States. If you are located in the European Union, Canada or elsewhere outside of the United States, please be aware that any information you provide to us may be collected in or transferred to the United States or any other country in which Company or its affiliates, subsidiaries or agents maintain facilities. By using the Service, participating in any of our services and/or providing us with your information, you consent to this transfer.

  6. 6) Notice to California Residents / Your California Privacy Rights

    California residents are entitled once a year to request and obtain certain information regarding our disclosure, if any, of personal information to third parties for their direct marketing purposes during the immediately prior calendar year (e.g. requests made in 2013 will receive information about 2012 sharing activities). As set forth in this Policy, we comply with this law by offering our visitors the ability to tell us not to share your personally identifiable information with third parties for their direct marketing purposes. To make such a request, please contact us at contactus@swashandbuckler.com.

  7. 7) Contact Us

    To communicate with Company about this Policy or Company’s collection and use of your PII, to review, correct or delete your PII, or to stop future communication from us, please contact us.


    By mail:

    202 34th Street

    Manhattan Beach, California 90266


    By email:

    info@swashandbuckler.com