A. The operative parties referred to in this Policy are Ingenuity Ventures, Inc., d/b/a the above listed website(s) (hereinafter "Company") and You, the User of this Site.
1. Company is the operator of the above listed website(s). Hereinafter, when first-person pronouns are used in this Policy, (Us, We, Our, Ours, etc.) these provisions are referring to SwingerPixels® d/b/a the above Site, or as any other Site that We may choose to publish in the future. Additionally, when the terms "the Site(s)" or "Site(s)" are used, these terms refer to any Site published by Us, unless a Site is specifically exempt from this Policy.
2. You, the User - As the User of this Site, this Policy will refer to the User as "You" or through any second-person pronouns, such as "Yours," etc. Hereinafter, the User of the Site shall be referred to in applicable second-person pronouns.
II. Revisions to This Policy
A. We reserve the right to revise, amend, or modify this Policy and Our other policies and agreements at any time and in any manner. You should periodically check for any modifications of this Policy by re-visiting this Webpage and using the "refresh" button on Your browser. You should note the date of last revision to this Policy, which appears at the top of this Policy. If the "Last Modified" date remains unchanged after You have clicked the "refresh" button on Your browser, You may presume that no changes have been made since the last reading of the Policy. A changed "Last Modified" date indicates that this Policy has been updated or edited, and the updated or edited version supersedes any prior versions immediately upon posting.
III. Personal Information That We Collect
Visitors to Our Site and services will have multiple manners of interactivity with Us. Depending upon Your level of interaction, We will collect different information about You. The type(s) of information collected is as follows:
A. Members - Members are those Users who subscribe to our services. If You choose to become a Member, We will ask You to provide information included but not limited to Your name, physical address, email address, gender, valid credit card and billing information, and any other information that We, in Our sole discretion, feel is necessary to create a suitable account or Member profile.
B. Visitors - Visitors are Users of the Site who do not subscribe to Our services, and never enter data into any active data collection pages. Data collected about Visitors is restricted to that collected by passive information gathering devices.
IV. How We Collect Information From You
B. Active Collection- We collect information from You when You complete the member registration to Our Site. Please see above provision: III-A.
C. Registration Information- During the initial registration process, We may request that You provide certain basic information about yourself in order to complete the registration process. Please be advised that the information submitted during the registration process may be shared with third parties.
V. How We Use Your Information
A. The primary use for Your information is to provide You with services You have requested and/or paid for. We also use Your information to deliver customized services to You. Non-personal and aggregate information, such as that collected passively, is used in order to customize Our marketing efforts or to customize the use of Our Site for an aggregate group of customers. Further, We reserve the right to use the information collected from former Members to market Our Site and/or services to these individuals at any time.
B. We generally will use Your information for the purposes for which You specifically provide it, for example, to ensure payment for subscription of Our services. We also use Your information for market research purposes - in order to increase Your (and other Users') experience according to tracked interests, to analyze and target potential new markets, and for other marketing or statistical purposes.
C. We also use Your information for the obvious purpose of providing Your User profile to all of Our other Members and Visitors. When You create a profile, You should consider all of the information on the profile to be public information and therefore, accessible by anyone, unless otherwise stated (such as Confidential information). Confidential information in Your profile cannot be viewed by others or the public. Confidential information includes Your name, physical address, and billing information. Nevertheless, Your profile information, pictures, and videos as well as Your city, state, and country will be public information.
D. Although Your personally identifying information will not be made public, You should understand that there is a possibility that You may be identified through the information provided on Your profile. For example, You may be visually recognized by someone who sees Your picture, or Your description may be adequately detailed to the extent that someone may be able to identify You. Accordingly, You understand that using this Site places You in control of all information displayed on Your profile, and You take full responsibility for any consequences for whatever information You choose to publish. We also reserve the right to post Your profile and any of the public information or images contained therein, on any of the websites within Our network.
E. Additionally, should any of Our websites undergo or contemplate a transfer of ownership, Your profile may be part and parcel of any related transaction.
VI. Special Cases
A. It is Our policy not to use or share the personal information about Visitors or Members in ways unrelated to those described in this Policy without also providing You an opportunity to opt out, or otherwise prohibit such unrelated uses.
B. However, We may disclose personal information about Visitors or Members, or information regarding Your use of the services or websites accessible through Our services, for any reason if, in Our sole discretion, We believe that it is reasonable to do so, including, but not limited to the following:
1. To satisfy any laws, such as the Electronic Communications Privacy Act, regulations, or governmental, or legal requests for such information;
2. To disclose information that is necessary to identify, contact, or bring legal action against someone who may be violating Our User Agreement or other User policies;
3. To operate our services properly;
4. To protect Ourselves, Our Members, and the general public. We will always cooperate with law enforcement authorities. We specifically reserve the right to disclose any and all information to law enforcement in the event that a crime is committed, is suspected, or if We are compelled to do so by lawful criminal, civil, or administrative process, discovery requests, subpoenas, court orders, writs, or reasonable request of authorities or persons with the reasonable power to obtain such process.
C. We will cooperate with private-party litigants, and others seeking information about Our end users to the extent required by applicable law.
D. Investigative reporters or journalists will never be cooperated with regarding Your personal information.
E. If We have reason to believe that the User is not the owner of a credit card, even if the credit card use is authorized, We will provide information about You to the credit card holder. We will absolutely provide Your information to the credit card holder if We believe that fraud is a possibility. However, We do not require that there be fraud, as it is Our policy that the credit card holder always has an absolute right to access any and all of Your personal information.
F. Anyone who violates Our Anti-Spam Policy, may be subject to having their personal information made public. If there is any investigation on any unlawful spamming, or any use of bulk e-mail in order to promote Your User profile, or any use of bulk e-mail in any manner that leads back to Our Site, or any one of Our websites, We will cooperate with any and all parties completely and freely in order to see that Your bulk e-mail activities stop.
VII. Choices About How the Company Uses and Discloses Your Information
A. The Company strives to provide You with choices about the personal information You provide to the Company. The Company has created mechanisms to provide You with the following control over Your information.
C. Disclosure of Your Information for Third-Party Advertising. If You do not want the Company to share Your personal information with unaffiliated or non-agent third parties for promotional purposes, You can opt out by changing Your email settings in Your account. You can also always opt out by sending the Company an email stating Your request to email@example.com.
D. Promotional Offers from the Company. If You do not want to have Your email address used by the Company to promote its own or third parties' products or services, You can opt out by changing Your email settings in Your account or by sending the Company an email stating Your request to firstname.lastname@example.org;. If the Company has sent You a promotional email, You may send the Company a return email asking to be omitted from future email distributions or click on the "unsubscribe" link at the bottom of the email. This opt out does not apply to information provided to the Company as a result of a service purchase or other transactions.
E. Targeted Advertising. If You do not want the Company to use information that it collects or that You provide to it to deliver advertisements according to its advertisers' target-audience preferences, You can opt out by changing Your email settings in Your account. You can also always send the Company an email stating Your request to email@example.com. For this opt out to function, You must have Your browser set to accept browser cookies.
F. The Company does not control third parties' collection or use of Your information to serve interest-based advertising. But these third parties may provide You with ways to choose not to have Your information collected or used in this way.
VIII. Privacy Policies of Third Parties
IX. Minors and Privacy Issues
Use of the Site and access to the websites are restricted to persons over the age of 18. No part of the Site is designed to attract anyone under the age of 18. We do not knowingly collect or maintain information from anyone known by Us to be under the age of 13.
If You are a parent or guardian and believe that Your child under the age of 18 has provided personal information to Us and/or is accessing the Services, please contact Us to request this information and the account will be deleted.
Legal Notice: In accordance with 47 U.S.C. § 230(d), You are notified that parental control protections (including computer hardware, software, or filtering services) are commercially available that may assist in limiting access to material that is harmful to minors. You may find information about providers of these protections on the Internet by searching Òparental controlsÓ or similar terms. If minors have access to Your computer, please restrain their access to sexually explicit material by using any of the following products, which the Company provides for informational purposes only and does not endorse: CYBERsitter™ | Net Nanny® | CyberPatrol | ASACP.
X. Transmittals From Us
We may send You periodic email and/or SMS messaging communications that include, but are not limited to, announcements and exclusive offers related to Our existing and new programs. You may opt out of these announcements by contacting firstname.lastname@example.org, or by clicking the opt-out link at the bottom of these communications.
If You opt out of such communications, You may still receive account updates, support services and other information that is specifically related to the administrative operations of Your account via email. For example, We may send You communications confirming account activity, like password resets or tech support inquiries. Any such email notification will be issued to You from email@example.com.
If You provide Your information to Us, use the Site, or subscribe to any of Our services, You will have created a commercial relationship with Us. In having done so, You understand that even unsolicited commercial email sent from Us or Our affiliates is not SPAM as that term is defined under the law.
XI. Public Forums, Member Directories, & Internal Messaging
Member Directories - Any information provided in a User profile, member directory, or other related service or Site features should be considered to be public information. We do not, cannot, and will not act to maintain the privacy of any information that You provide in any such forum or medium.
Internal Messaging - We provide an internal messaging system for use between Members of Our Site. Any information that You send via this internal messaging system is not secure, and is not considered to be private information. You should use caution when sending any personal information over the internal messaging system, and You should not transmit any information that You would not wish to see disclosed to the general public.
XII. Our Commitment to Data Security
We take measures, including data encryption, to protect the transmission of all sensitive end-user information. We make every effort to ensure the integrity and security of Our network and systems. Nevertheless, We cannot guarantee that Our security measures will prevent third-parties from illegally obtaining this information. We take reasonable measures to prevent such breaches of security, but We are unable to guarantee that Our security is 100% breach-proof. You assume the risk of such breaches to the extent that they occur despite Our reasonable security measures.
The safety and security of Your information also depends on You. Where the Company has given You (or where you have chosen) a password for access to certain parts of the Site, You are responsible for keeping this password confidential. The Company asks You not to share Your password with anyone. In addition, the Company urges You to be careful about giving out information in public areas of the Site. The information You share in public areas may be viewed by any User of the Site.
Warning: The transmission of information over the Internet is not completely secure. Although the Company does its best to protect Your personal information, the Company cannot guarantee the security of Your personal information transmitted to the Site. Any transmission of personal information is at Your own risk. The Company is not responsible for circumvention of any privacy settings or security measures contained on the Site.
XIII. International Users
This Policy is intended to cover collection of information on or through the Site from residents of the United States. If You are visiting the Site from outside the United States, please be aware that Your information may be transferred to, stored, and processed in the United States where the Company's servers are located and the Company's central database is operated. The data protection and other laws of the United States and other countries might not be as comprehensive as those in Your country. Please be assured that the Company seeks to take reasonable steps to make sure that Your privacy is protected. By using the Company's services, You acknowledge that Your information may be transferred to the Company's facilities and those third parties with whom the Company shares it as described in this Policy. When You provide personal information to the Company through the Site, You consent to the processing of Your data in, and the transfer of Your data to, the United States or any other country in which the Company or its affiliates, subsidiaries, or service providers host these services.
XIV. Do Not Track Policy
Do Not Track ("DNT") is a privacy preference that You can set in your browser. DNT is a way for You to inform websites and services that You do not want certain information about Your webpage visits collected over time and across websites or online services. The Company is committed to providing you with meaningful choices about the information it collects and that is why the Company provides you the ability to opt out. But the Company does not recognize or respond to any DNT signals as the Internet industry works toward defining exactly what DNT means, what it means to comply with DNT, and a common approach to responding to DNT. For more information, visit All About Do Not Track.
XV. Your California Privacy Rights
California Civil Code § 1798.83 permits users of the Site that are California residents to request certain information about the Company's disclosure of personal information to third parties for their direct marketing purposes. To make this request, please send an email to firstname.lastname@example.org.
Further, if You are a California resident and would like to opt out from the disclosure of Your personal information to any third party for marketing purposes, please send an email to email@example.com. Please be advised that if You opt out from permitting Your personal information to be shared, You may still receive selected officers directly from the Company in accordance with California law.
XVI. How to Access or Modify Your Information
We offer Our Members the opportunity to access or modify information provided during registration. To access or modify such information, contact Our Customer Service Department at firstname.lastname@example.org.
XVIII. DMCA Takedown Requests
The Site complies with the Digital Millennium Copyright Act (DMCA). If You reasonably believe that Your copyrighted work has been used or posted by a third party without Your consent, You may follow the instructions here https://swingerpixels.com/dmca_notice on how to report it.
By submitting a copyright infringement notice or other communication (including communications about content stored on or transmitted through the Site), You consent to have these communications forwarded to the person or entity who stored, transmitted, or linked to the content addressed by Your communication, to facilitate a prompt resolution. The Company forwards DMCA infringement notices (including any personally identifying information contained in the notices) as submitted to the Company without any deletions.