swag.live - Privacy Policy

Privacy Policy

This Privacy Policy explains how information about you is collected and used by SWAG when you use our websites, mobile applications 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.

Applicability 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 or cookies).

Information We Collect

We collect information you provide directly to us. The types of information we may collect include:

• 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.
• 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.

How 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; 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 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 devices and browser data, such as when you log into your account on different devices or by using partial or full IP address, 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 (e.g., registering you and displaying your profile on new SWAG features and apps).
• 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.

Legal 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, 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, 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)).

Information 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 and marketing campaigns.
• Customer service platform providers that help us provide customer service.

We strictly require these partners to take appropriate confidentiality measures to protect the security of your personal data.

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.

Electronic Communications (for merchants with subscription transactions only)

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.

Cookies and Tracking Technologies

Our websites and Services use cookies, tracking pixels, and related technologies.

• What is a Cookie? Cookies are small text files or other pieces of data stored on your device that enable websites and software applications to recognize a particular device and remember important information (e.g., user preferences).
• Types of Cookies Used: We use both first-party and third-party cookies, which include session cookies (last until you close your browser) and persistent cookies (maximum lifespan of thirteen months).
  - Operational Cookies: Critical to the operation of the Services (e.g., to maintain login state, authentication & authorization).
  - Analytics Cookies: Used to improve our service, user experience, and analyze how our website is used (e.g., Google Analytics).
  - Advertising & Marketing Cookies: Used to collect data that tracks how you use the site so that we can serve targeted advertising to you.
• Data Sharing: We will not disclose any data collected by cookies served on our site with any third-party entities.
• Your Choices and Opting-Out: You can opt out of receiving targeted ads served by us or on our behalf by clicking on the blue icon that typically appears in the corner of the ads we serve. For mobile devices, you can manage settings:
  - iOS 7 or Higher: Go to Settings > Privacy > Advertising > Enable “Limit Ad Tracking.”
  - Android (OS 2.2+ & Google Play Services 4.0+): Open Google Settings app > Ads > Enable “Opt out of interest-based advertising.”
  Opting out will not prevent you from seeing ads, but they will likely be less relevant. You may also refuse to accept cookies by activating the setting on your browser.

How 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. 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.

Data 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.
• Fraud-related data is retained for up to 5 years.
• Analytics and cookie data is retained for up to 13 months.

At the end of the retention period, we securely delete or anonymize the data.

International 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.

Data 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.

Your 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.

Children’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.

Account Information and Notifications

• Account Update: You may update information about yourself by editing your account settings within our app.
• 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 contact our customer service to cancel the settings.

Policy 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:

• General Support: support@swag.live
• Data Protection Officer (DPO): dpo@swag.live