Welcome to SWAY, a service provided by SWAY Music Ltd (“SWAY”, “we” “our”, “us”).
In this document the following words and phrases have the following meanings:
"Application" or “Applications”: our mobile applications;
"Website" or “Websites” our websites (swaymusic.co) and any subdomains there of and all related sites;
"Services" all players, widgets, tools, applications, data, software, application programmatic interfaces (APIs), Websites and other services;
“Content” all content contained on the Services.
References to “you” or “your” mean the person accessing the Platform, including (but not limited to) registering for a SWAY account.
SWAY adheres to European Union and other local privacy and data protection laws including Section 71 of the EU/UK Withdrawal agreement and any Adequacy status obtained thereafter under Article 45 of the GDPR. Based on this, SWAY will only use your information for the purpose and duration for which it was obtained.
For purposes of this Policy, the term “personal data” may be used interchangeably with “personal information” and means any information relating to an identified or identifiable natural person. An “identifiable natural person” is an individual who can be identified, directly or indirectly, by reference to an identifier such as:
We are the data controller for the purpose of data protection law with respect to your personal data collected and used through your use of the Platform. This is because we dictate the purposes for which your personal data are used and how we use your personal data.
Our approach to data protection and privacy can be summarized as follows “YOU SHOULD KNOW WHAT WE DO WITH YOUR INFORMATION”.
This Policy sets out the essential details relating to your personal data relationship with SWAY. The Policy applies to all Services. The terms governing your use of the Service are defined in our Terms and Conditions of Use (the “Terms and Conditions of Use”).
From time to time, we may develop new or offer additional services. If the introduction of these new or additional services results in any material change to the way we collect or process your personal data we will provide you with more information or additional terms or policies. Unless stated otherwise when we introduce these new or additional services, they will be subject to this Policy.
The aim of this Policy is to:
We have designed the Platform to give you control over the information you publish and share using SWAY and other sites and services to which you connect your SWAY account.
Please take full advantage of these tools and make sure you share only what you want to share.
We collect information about you from various sources:
INFORMATION PROVIDED BY YOU
You are not obliged to provide us with any personal data in order to visit the Website. However, our Platform does require that you register for a SWAY account in order to use the Platform and, by doing so, you will provide us with certain information:
For more information on how to delete, edit, change, or amend your information, see the “Choice and control” section below.
INFORMATION WE COLLECT AUTOMATICALLY
There is certain information that we (or our service providers on our behalf) collect automatically as the result of your use of the Platform or through the use of web analytics services as described in the section on “Cookies” below. This information includes but is not limited to:
We may use the information that we collect about you for the following purposes:
USE OF AND INTERACTION WITH THE PLATFORM
Any additional information that you provide as part of your public profile may be published on the Platform. This information may be publicly accessible and may be viewed by anyone accessing the Platform. Please bear this in mind when considering whether to provide any additional information about yourself.
IMPROVING AND CUSTOMIZING THE PLATFORM
With respect to personal data that we collect or receive that is subject to the General Data Protection Regulation (“GDPR”) of the European Union (EU), our legal basis for processing such personal data depends on the type of personal data and the purpose for which we collect it. For the purposes stated in the “How we use your information” section above, the relevant legal bases under the GDPR are as follows:
For further information about how information may be shared by SWAY, please see the section “How We Share Your Information.”
What are cookies and other measurement technologies?
A cookie is a small text file that is placed on your computer, mobile phone, or other device when you visit a website. The cookie will help website providers to recognize your device the next time you visit their website. There are other similar technologies such as pixel tags (transparent graphic images placed on a web page or in an e-mail, which indicate that a page or e-mail has been viewed), web bugs (similar to pixel tags), and web storage, which are used in desktop software or mobile devices.
There are also technologies such as mobile device identifiers and software development kit (SDK) integrations to help systems recognize your device when you return to an Application or otherwise use the Platform.
The information collected through such means are used for the following purposes:
This information allows us to operate the Platform. For example, they allow us to recognize what type of user you are and then provide you with Platform resources accordingly.
Performance and analytics
This information allows us to analyse how the Platform is accessed, used, and performing. We use this information to maintain, operate, and improve the Platform and to deliver information to you that you may find relevant or interesting
This information allows us to operate certain functions of the Platform. For example, when you continue to use or come back to the Platform, we can provide you with features and information such as maintaining your logged-in session and remembering how you have customized various settings.
Advertising and targeting
This information allows us to convey advertisements that may be relevant to you and your interests. We work with web publishers, advertising networks, and service providers to deliver and display advertisements and messaging for other applications, services, and websites. The information may also be used for frequency capping purposes (i.e.to ensure we do not display the same advertisement to you repeatedly) and to help us regulate the advertisements you receive and measure their effectiveness.
MANAGING YOUR PREFERENCES FOR COOKIE AND OTHER MEASUREMENT TECHNOLOGIES
Please note that if you choose to block cookies, doing so may impair the Platform or prevent certain elements of the Platform from functioning.
The Platform does not observe Do Not Track signals from Web browsers.
On your mobile device, you may also have a “Limit Ad Tracking” setting (on iOS devices, go to “Settings” >“Privacy” > “Advertising” and turn on “Limit Ad Tracking”) or a setting to “Opt out of Interest-Based Ads” (on Android) which allows you to limit the use of information about your use of apps for purposes of serving ads targeted to your interests.
Please note that even if you optout of some advertising using the mechanisms above, you may still receive advertisements when using the Platform, but they will no longer be targeted ads.
We work with advertising partners to serve advertisements on the Platform. One of the services we use to track activity is Google Analytics by Google (Google, Inc., a company headquartered at 1600 Amphitheatre Parkway, Mountain View, California, 94043, United States of America). We may use vendors, including Google, who use first-party mechanisms (such as the Google Analytics) and third-party mechanisms (such as the DoubleClick) together to inform, optimize, and serve ads based on your past visits to our Platform. Google provides tools to manage the collection and use of certain information by Google Analytics at https://tools.google.com/dlpage/gaoptoutand by Google Analytics for Display Advertising or the Google Display Network by updating Ads Settings for Google at https://www.google.com/settings/ads.
Third parties, other than our service providers, do not have authorization from us to track which websites, apps, or other online services you visit prior to and after visiting the Platform. Please note, however, that we cannot control third-party tracking and there may be some third-party tracking that occurs without our consent or knowledge.
The General Data Protection Regulation or "GDPR" gives certain rights to individuals in relation to their personal data. Accordingly, we are happy to offer transparency and access controls to help users take advantage of those rights. As available and except as limited under applicable law, the rights afforded to individuals are:
In order to enable you to learn more about these rights, exercise these rights with ease, and record your preferences in relation to how SWAY uses your personal data, we provide the following resources:
Privacy Settings (accessed via your account page) - allows you to exercise choices about the processing of certain personal data, and an automated ‘Download your data’ function to download basic account and usage information.
Privacy Centre - provides a convenient central location where you can find more information about how SWAY uses your personal data, your rights in relation to your personal data, and how to exercise those rights.
Notification Settings (accessed via your account page) - allows you to choose which marketing communications you receive from SWAY. You may toggle these settings to opt in or out of receiving different types of email and push notifications. Please note that email marketing messages from SWAY include an opt-out mechanism within the message itself (e.g. an unsubscribe link in the emails we send to you). Clicking on the link in an email will opt you out of further messages of that category (e.g. Artist Updates). You can use the Notification Settings page to exercise choices about all categories of email and push marketing communication.
Customer Support resources - We have several pages on our customer support site which provide further guidance about data protection questions. A key source of information is the Data Rights and Privacy Settings article which includes answers to “frequently asked questions” about personal data processing in the SWAY Service.
For more information about your choices and how to exercise your rights, please also refer to the “Choice and Control” section below.
We seek to provide you choices about the information you provide to us and the control you have over that information.
It is not necessary for you to provide us with any personal data in order to visit the Websites, although certain information will be collected automatically by virtue of your visit (as described above). If you decide to register a SWAY account, you can control your information in the following ways.
If you have opted in to receive any promotional e-mail communication from us, you will also be given the option to “unsubscribe” from receiving further e-mail communications from us. Your option not to receive promotional and marketing material from us will not preclude us from corresponding with you, by e-mail or otherwise, regarding existing or past business relationships with us and will not preclude us from accessing and viewing your personal information in the course of maintaining and improving the Platform.
PLEASE NOTE: THE PLATFORM ENABLES YOU TO SHARE INFORMATION WITH OTHER NETWORKS AND APPLICATIONS.
DELETING YOUR ACCOUNT
You can request that your account be deleted by sending a message via our portal at: www.swaymusic.co/privacy. Please bear in mind that, if you request deletion of your account, content and information associated with your account will be inaccessible to you and may not be recoverable after your request is processed.
If you ask us to delete your account, we will do so within a reasonable period of time, but we may need to retain some of your personal data in order to satisfy our legal obligations, or where we have a legitimate reason for doing so.
ACCESS TO YOUR DATA
SWAY is not intended for use by children.
The SWAY Service is also not offered to children whose age makes it illegal to process their personal data or requires parental consent for the processing of their personal data under the GDPR or other local law.
We do not knowingly collect personal data from children under 13 years or (if higher) under the applicable age limit referred to above (the “Age Limit”). If you are under the Age Limit, please do not use the SWAY Service, and do not provide any personal data to us. If we learn that we have collected the personal data of a child under the Age Limit, we will take reasonable steps to delete the personal data. This may require us to delete the SWAY account for that child.
If you are a parent of a child under the Age Limit and become aware that your child has provided personal data to SWAY, please contact us using the ‘Contact Us’ form on the Privacy Centre, and you may request exercise of your applicable rights detailed in Section 3 ‘Your rights and your preferences: Giving you choice and control’ of this Policy.