Privacy Policy
Last Updated: October 2025
01Privacy Policy
This Privacy Policy explains how information about you is collected and used by SWAG when you use our websites, mobile applications (including phone, tablet, and TV apps) and other online products and services (collectively, the "Services") or when you otherwise interact with us. We may change this Privacy Policy from time to time, so we encourage you to review it whenever you access the Services to stay informed.
02Applicability and Principles
This policy is designed to comply with data protection law and follow good practice, including the principles of the EU General Data Protection Regulation (GDPR). The GDPR was designed to harmonize data privacy laws across Europe, protect EU citizens’ data, and simplify the regulatory environment for international business.
- Personal Data is defined as any information relating to an identified or identifiable person, directly or indirectly, by reference to an identifier such as a name, an identification number, location data, or an online identifier (like an IP address, cookies, mobile device identifiers, or advertising identifiers).
03Information We Collect
We collect information you provide directly to us, as well as information generated automatically by your device when you use the Services.
3.1 Information You Provide Directly to Us
- Account Information: Your username, password, email address, phone number, age, gender, and any other information you choose to provide when you create an account, request customer support, or otherwise communicate with us. (Applicable to services that offer account features; some services, such as a free, view-only app, may not require registration or login and therefore do not collect such account information.)
- User Content (SWAGs): Messages, photos, or videos taken or shared via our Services (“SWAGs”). We kindly suggest you provide contents for which you own the copyright. We cannot prevent others from making copies of your contents (e.g., by taking a screenshot), so you should not use SWAG to send messages if you want to be certain the recipient cannot keep a copy.
- Information from Others: We receive information about you from other users, social media platforms, and other partners.
3.2 Information Collected Automatically When You Use the Services
Even if you are not logged in or do not provide any personal data (for example, only watching free videos in the app), your device automatically generates the following information when connecting to and using the Services:
- Device and Identifier Information: device model, operating system and version, language, time zone, screen resolution, network connection type, and similar technical information; and device identifiers such as Apple’s Identifier for Vendors (IDFV) and Android ID. [Retain if applicable] With your consent where required by applicable law, we or our advertising partners may use advertising identifiers (Apple’s IDFA, Android’s Advertising ID).
- Log and Connection Information: IP address, access date and time, and error and system activity logs. We may infer your approximate location (e.g., at the country or city level) from your IP address for localized content, security, and compliance purposes.
- Usage and Viewing Information: the videos and content you watch, watch duration, playback behavior such as play/pause/seek, the pages and features you browse, frequency of use, session length, and search terms you enter in the app. We use this information to provide and improve the Services, recommend content, and measure performance.
- Diagnostic and Performance Information: crash logs, error reports, and performance and stability diagnostics, used to maintain service quality and troubleshoot technical issues.
- [Retain if applicable] Local Network and Casting Information: if you use casting features to play content to a TV or other device (e.g., Chromecast, AirPlay, DLNA), our app will request "Local Network" access permission to detect and connect to available playback devices on the same network. We perform this detection solely to provide the casting feature.
Some of this automatically collected information may be collected through third-party software development kits (SDKs), such as analytics tools, advertising networks, and crash-reporting services; such third parties’ processing of data is also subject to their own privacy policies.
04How We Use Your Information
The main reason we use your information is to deliver and improve our services. Additionally, we use your information to help keep you safe and to provide you with advertising that may be of interest to you.
- To Administer Your Account and Provide Services
Create and manage your account (where applicable); Provide you with customer support and respond to your requests; Complete your transactions (for those with subscription transactions, only); Communicate with you about our services, including order management and billing. - To Provide and Optimize the Content Experience
Play the videos and content you select; recommend content, remember playback progress and preferences, and measure the performance of content and features based on your viewing and usage information. - To Ensure a Consistent Experience
Link the various devices you use so that you can enjoy a consistent experience of our services on all of them. We do this by linking device and browser/app data, such as when you log into your account on different devices, or through device pairing (e.g., pairing a TV via QR code), partial or full IP address, device and browser version, and similar data. - To Improve and Develop New Services
Administer focus groups and surveys; Conduct research and analysis of users’ behavior to improve our services and content; Develop new features and services. - To Prevent, Detect, and Fight Fraud or Illegal Activities
Address ongoing or alleged misbehavior on and off-platform; Perform data analysis to better understand and design countermeasures against these activities; Retain data related to fraudulent activities to prevent against recurrences. - To Ensure Legal Compliance
Comply with legal requirements; Assist law enforcement; Enforce or exercise our rights, for example, our Terms.
05Legal Bases for Processing Your Personal Data (GDPR)
We process your personal data based on the following legal bases:
- Consent (Art. 6(1)(a)): For optional features such as social media login, non-essential cookies or in-app tracking (including personalized advertising via advertising identifiers), marketing communications, or sharing data for personalized advertising. You can withdraw consent at any time.
- Performance of a Contract (Art. 6(1)(b)): To create and manage your account, provide the Services, handle customer support, complete transactions, and communicate about your orders or billing.
- Legitimate Interests (Art. 6(1)(f)): To improve our Services, develop new features, prevent fraud or unauthorized activities, ensure device consistency, maintain service security and performance (including diagnostic data), and provide interest-based advertising, provided our interests do not override your rights.
- Legal Obligation (Art. 6(1)(c)): To comply with applicable laws, regulations, legal processes, or government requests, and to assist law enforcement.
For special categories of personal data (e.g., gender, which may reveal sensitive information in the context of our adult-oriented Services), we rely on your explicit consent (Art. 9(2)(a)).
06Information Sharing and Disclosure
We take your information security very seriously and will never sell, rent, or trade your personal data to any third party.
We may share your personal data with our trusted partners, such as:
- Data analytics companies that help us with data analysis (which may access usage and viewing data, device information, and identifiers).
- Customer service platform providers that help us provide customer service.
- [Retain if applicable] Advertising and Marketing Partners: With your consent where required by applicable law, we may share limited device and advertising-identifier information with advertising networks and marketing partners to deliver, measure, and optimize advertising. You can manage or withdraw your consent as described in Section 08.
We strictly require these partners to take appropriate confidentiality measures to protect the security of your personal data, and to protect it to a standard no lower than that required by this Policy and applicable law.
We may also disclose your personal data in the following circumstances:
- To comply with applicable laws, regulations, legal processes, or government requests, including cooperation with interception orders or warrants.
- To detect, prevent, or address fraud, security, or technical issues.
- Where it is necessary to identify, make contact with, or bring legal action against someone who may be causing harm or interfering with the rights or property of SWAG, our merchants, or others.
By using SWAG’s services, you agree that we may release information when it is believed, in SWAG’s sole discretion, that the release is appropriate or otherwise necessary to comply with the law, enforce our Agreement, and/or protect the rights of SWAG and our merchants.
07Electronic Communications
SWAG will not disclose to third parties the contents of any electronic mail or other electronic communications that SWAG stores or transmits to or receives from its merchants unless:
- 1. It is necessary in order to provide service to the Merchant.
- 2. It is necessary to protect the legitimate interests of SWAG and its merchants.
- 3. It is required to cooperate with interception orders, warrants, or other legal process that SWAG determines in its sole discretion to be valid and enforceable.
- 4. It is necessary to provide to a law enforcement agency when the contents are inadvertently obtained by SWAG and appear to pertain to the commission of a crime.
08Cookies, SDKs, and Tracking Technologies
Our websites, apps, and Services use cookies, software development kits (SDKs), device and advertising identifiers, tracking pixels, and related technologies.
- Cookies on Websites: Cookies are small text files or other pieces of data stored on your device that enable websites to recognize a particular device and remember important information (e.g., user preferences). We use both first-party and third-party cookies, including session cookies (last until you close your browser) and persistent cookies (maximum lifespan of thirteen months).
- Operational: Critical to the operation of the Services (e.g., to maintain login state, authentication & authorization).
- Analytics: Used to improve our service and user experience and to analyze how the Services are used (e.g., Google Analytics).
- Advertising & Marketing: Used to collect data that tracks how you use the Services so that we can serve targeted advertising. - [Retain if applicable] Corresponding Technologies in Mobile and TV Apps: In our apps, the above functions are typically achieved not through cookies but through SDKs and device/advertising identifiers (such as IDFV, Android ID, IDFA, Android Advertising ID). Before engaging in personalized advertising used for tracking, we obtain your consent as required by the platform — for example, on iOS through the App Tracking Transparency (ATT) prompt. If you decline, we will not access your advertising identifier for tracking purposes.
- Data Sharing: Except as described in Section 06, we will not disclose data collected through the above technologies to any third-party entities.
- Your Choices and Opting Out:
- iOS: Go to Settings > Privacy & Security > Tracking to decline an app’s tracking request; you can also turn off “Allow Apps to Request to Track.”
- Android: Open Settings > Google > Ads to reset or delete your advertising ID and enable “Opt out of Ads Personalization.”
- You may also refuse to accept cookies by activating the setting on your browser.
Opting out will not prevent you from seeing ads, but they will likely be less relevant.
09How We Protect Your Information
We work hard to protect you from unauthorized access to or alteration, disclosure, or destruction of your personal information. We employ the latest and best techniques available for protecting our systems, including storing all information behind firewalls and other sophisticated security systems, and encrypting it in transit. Our data center utilizes state-of-the-art physical security measures.
We regularly monitor our systems for vulnerabilities and attacks and review our practices to update our security measures. As with all technology companies, we do not promise that your personal information will always remain secure. We may suspend your use of the services without notice if we suspect or detect any breach of security.
10Data Retention
We retain your personal data only as long as necessary to fulfill the purposes outlined in this Privacy Policy, or as required by law. For example:
- Account information is retained while your account is active and for up to 12 months after deletion.
- Content (SWAGs) is retained as long as needed for Service delivery, typically until you delete it or for 6 months post-deletion for backup purposes.
- Usage and viewing data, and diagnostic data: retained for up to [fill in, e.g., 13 months].
- Fraud-related data is retained for up to 5 years.
- Analytics, cookie, and device/advertising-identifier data is retained for up to 13 months.
At the end of the retention period, we securely delete or anonymize the data.
11International Data Transfers
Your personal data may be transferred to and processed in countries outside the EU/EEA, such as Taiwan or other locations where our servers or partners are based. To ensure adequate protection, we use safeguards such as Standard Contractual Clauses (SCCs) approved by the European Commission, Binding Corporate Rules (BCRs), or other mechanisms as required by GDPR.
12Data Breaches
In the event of a personal data breach that poses a risk to your rights and freedoms, we will notify the relevant supervisory authority within 72 hours, and affected users without undue delay if the breach is likely to result in a high risk.
13Your Rights Under GDPR (EU/EEA Residents)
You have the following rights regarding your personal data:
- Right of Access: Request a copy of your data.
- Right to Rectification: Correct inaccurate or incomplete data.
- Right to Erasure ("Right to be Forgotten"): Request deletion in certain circumstances.
- Right to Restriction of Processing: Limit processing while we verify your request.
- Right to Data Portability: Receive your data in a structured, machine-readable format and transfer it to another controller.
- Right to Object: Object to processing based on legitimate interests or for public interest tasks.
- Right to Withdraw Consent: At any time, for consent-based processing.
- Rights Related to Automated Decision-Making: Not be subject to decisions based solely on automated processing.
To exercise these rights, contact us at support@swag.live with proof of identity. We respond within one month.
14Children’s Privacy
Our services are restricted to users who are 18 years of age or older. We do not permit users under the age of 18 on our platform and we do not knowingly collect personal information from anyone under the age of 18.
15Account Information and Notifications
- Account Update: You may update information about yourself by editing your account settings within our app (where applicable).
- Push Notifications/Alerts: We provide services for information notification (via push, SMS, or email). If you do not wish to receive any event information, please turn off push permissions in your device settings or contact our customer service to cancel the settings.
16Policy Updates and Contact Information
We reserve the right to change this Privacy Policy at any time. For material changes affecting your rights, we will notify you in advance (at least 30 days before the changes take effect). Continued use of the Services after changes constitutes acceptance. This version of the Privacy Policy is effective from October 2025.
If you have any questions about this Privacy Policy or our privacy practices, you can contact us: