SwapSimple, Inc. Privacy Policy
Revised December 19, 2004

As a matter of policy, SwapSimple, Inc. does not sell, rent, trade or give any of your personally identifiable personal information to third parties for any purposes without your explicit consent (i.e. name, billing address, phone number, email address, or any credit card information).

1. Introduction

The privacy practices of this document apply to SwapSimple, Inc. services available under the domain www.swapsimple.com (“SwapSimple.com”), and apply generally to SwapSimple, Inc., our subsidiaries, officers, directors, agents, employees and suppliers (collectively referred to herein as “SwapSimple, Inc.”). Use of SwapSimple.com constitutes your binding acceptance of the terms and conditions of this Privacy Policy (“Privacy Policy”). If you do not wish to abide by these terms and conditions, please discontinue use of this website.

This Privacy Policy describes the information we collect from you as part of the normal operations of SwapSimple.com, and what is done with that information. By accepting the Privacy Policy and User Agreement during registration, you expressly consent to our use and disclosure of your personal information in accordance with this Privacy Policy. This Privacy Policy is effective upon acceptance during registration for new registering Users, and is otherwise effective on December 20, 2004 for all Users.

2. Information Collection

Our primary purpose in collecting your personal information is to provide you with a functional, efficient, safe and effective User experience. We only collect information about you that we consider necessary for this purpose in the normal operation of SwapSimple.com.

If you choose to use our services, we require you to register and provide contact and identity information, billing and shipping information, and other personal information as indicated on various forms on SwapSimple.com. Indications are provided, where possible, showing which fields are required and which fields are optional. We use your financial information, including credit card information, to verify the accuracy of your name, address and other information, as well as to bill you for the use of our services.

If you choose to post, search or trade on SwapSimple.com, we collect information about your behavior. We also collect the user ratings from other Users’ feedback about you. We retain this information as necessary to provide customer service and support, troubleshoot problems and resolve disputes, as permitted by law. If you send us personal correspondence, such as emails or letters, or if other Users or third parties send us correspondence about your activities or postings on SwapSimple.com, we may collect this information into a file specific to you.

3. Use of Your Information

We use your personal information to facilitate the services you request. We use your personal information in the file we maintain about you, and other information we obtain about your current and past activities and behaviors on SwapSimple.com to: customize your experience; resolve disputes; troubleshoot problems; help promote safe, effective trades; collect fees owed; measure the popularity of specific items; inform you about service updates; detect and protect against error, fraud, and other criminal activity; enforce our User Agreement; and as otherwise described at the time of collection. We may compare multiple Users to identify problems or resolve disputes, particularly to identify Users using multiple accounts.

You agree that we may use personal information about you to improve our marketing efforts, analyze website usage, improve our content, and customize the layout and presentation of SwapSimple.com. You agree that we may use personal information about you to contact you and deliver information to you that are communications relevant to SwapSimple.com. You may opt out of the receipt of certain communications on the notification settings page of your SwapSimple.com account. You may make changes to your notification preferences at any time.

4. Disclosure of Your information.

As a matter of policy, SwapSimple, Inc. does not sell, rent, trade or give any of your personally identifiable personal information to third parties for any purposes without your explicit consent (i.e. name, billing address, phone number, email address, or any credit card information). You authorize SwapSimple, Inc. to sell, rent or otherwise transfer any personal information that does not personally identify you (i.e. aggregate or summary statistics about the SwapSimple.com community of users).

Within the SwapSimple.com User community, certain information will be shared to conduct normal operation of the service. When involved in a trade, two Users will obtain contact and shipping information for each other to help complete the transaction. We may also send out cautionary or informational notices to Users regarding policy violations or suspicious or illegal activity on SwapSimple.com.

SwapSimple, Inc. cooperates with law enforcement inquiries, as well as other third parties to enforce laws, such as intellectual property rights, fraud and other rights to help protect SwapSimple.com Users from negative actions. In an effort to respect your privacy and our ability to keep the community free from negative actions and Users, we will not disclose your personal information to law enforcement or other government officials without a subpoena, court order, or substantially similar legal procedure, except when we believe in good faith that the disclosure of information is necessary to prevent imminent physical harm or financial loss, or to report suspected illegal activity.

Third parties may unlawfully intercept or access transmissions or private communications, or Users may unlawfully misuse or abuse your personal information collected from SwapSimple.com. Therefore, we do not promise, and you should not expect, that your personal information or private communications will always remain private.

5. Your Use of Other Users’ Information

In order to facilitate interaction among SwapSimple.com Users, you are allowed limited access to another User’s contact and shipping information during a trade. You will have access to the name, email address, and shipping address of the User with whom you are transacting. With respect to other Users’ personal information that is obtained through SwapSimple.com, SwapSimple, Inc. hereby grants you a license to use such information only for SwapSimple.com-related communications that are not commercial solicitation messages. In addition, under no circumstances may you disclose personal information about another User to any third party without our consent and the consent of that User. You agree that other Users may use your personal information to communicate with you in accordance with this Section.

SwapSimple, Inc. and SwapSimple.com Users do not tolerate spam. Therefore, without limiting the foregoing, you are not licensed to add any SwapSimple.com User to your mail list (electronic or physical) without their express consent. To report spam related to SwapSimple.com, please contact us at the custserv account. This can be done using our contact form.

6. Use of Email Tools

You may not use the Refer a Friend service or other email services that we offer to send spam or otherwise send content that would violate our User Agreement. We may store the email addresses sent from these services in order to reward the User’s account when new Users register for SwapSimple.com

7. Control of Your Password

You are responsible for all actions taken with your login code and password, including fees charged to your account. Therefore we do not recommend that you disclose your SwapSimple.com password to any third parties. If you lose control of your password, you still may be subject to legally binding actions taken on your behalf. Therefore, if your password has been compromised for any reason, you should immediately change your password as detailed in Section 8 (Changing Your Personal Information).

8. Changing Your Personal Information

We offer you the ability to access, review and change the personal information you submit to SwapSimple.com by logging in to your account and entering the new information yourself. You may change any of your personal information including shipping preferences and notification preferences in the Settings section of SwapSimple.com. Upon your request, we will deactivate your SwapSimple.com account, contact information, billing information, shipping information, and financial information from our active databases. To make this request, email the custserv account. This can be done using our contact form.

9. Security

Your personal information is stored in SwapSimple, Inc.’s servers located in the United States. We use technical and procedural safeguards, to protect your personal information against loss or theft, as well as to protect your privacy from unauthorized access and disclosure. These methods include encryption, firewalls, and secure socket layers (SSL). Despite our different security techniques to protect such information, “perfect security” does not exist on the Internet.

10. Notice

We may amend this Privacy Policy from time to time by posting the amended terms on the SwapSimple.com website. All amended terms shall automatically be effective ten (10) days after they are initially posted on SwapSimple.com. In addition, we will notify you by email in accordance with your notification preferences.

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