Privacy Policy

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.

This Privacy Policy applies to the Website, Applications, and Services (together, the "Platform").

References to “you” or “your” mean the person accessing the Platform, including (but not limited to) registering for a SWAY account.

This Privacy Policy explains how we collect, store, use, and disclose your information, including any personal information or data, when you use the Platform. By using the Platform, and in particular by registering for a SWAY account, you are consenting to the use of your information in the manner set out in this Privacy Policy.

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:

• A name (e.g. first names (given names), middle names, and/or last names (surnames));
• A physical address or mailing address including street name; city or municipality; state or region; postal code; and country;
• Online contact information such as an e-mail address;
• A username or handle that functions as online contact information;
• A telephone number;
• A social security number or other identification number;
• A persistent online identifier that can be used to recognize a user over time and across different websites or online services;
• One or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person, including, for example, a person’s height, weight, or hair colour;
• A photograph, video, or audio file, where such file contains a person’s image or voice;
• Geolocation information; or
• Anything else about the individual that is collected online and stored by an operator in personally identifiable form.

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.

This Privacy Policy explains the following, among other things:

• Our principles with respect to your information and your privacy (Part 2)
• The information we collect about you (Part 3)
• How we use your information and our legal basis for processing (Parts 4 and 5)
• How we share your information (Part 6)
• How we use cookies and similar technologies (Part 7)
• Your rights, including your choices, with respect to your information (Parts 8-12
• How to contact us regarding privacy issues (Part 13).

Please take some time to read this Privacy Policy and our Terms of Use. If you do not agree to any of the provisions of this Privacy Policy, you should not use the Platform. If you have any questions or concerns, you can contact us via our website: www.swaymusic.co/privacy.

Please note that this Privacy Policy applies only to the Platform. When using the Platform, you may find links to other third-party websites, apps, and services or tools that enable you to share information with other websites, apps, and services. SWAY is not responsible for the privacy practices of these other websites, apps, and services, and we recommend that you review the privacy policies of each of these websites, apps, or services before connecting your SWAY account or sharing any 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:

1. Ensure that you understand what personal data we collect about you, the reasons why we collect and use it, and who we share it with;
2. Explain the way we use the personal data that you share with us in order to give you a great experience when you are using the SWAY Service; and
3. Explain your rights and choices in relation to the personal data we collect and process about you and how we will protect your privacy.

This Privacy Policy is designed to give you transparency regarding our data protection practices. If there’s anything that’s not clear from this Privacy Policy, please feel free to contact us via our portal at: www.swaymusic.co/privacy.

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:

• Essential account information: When you register any kind of SWAY account, you will need to provide your full name, e-mail address, date of birth, chosen username, and chosen password. To register for an account via the Application, you must use your phone number or your Facebook or Twitter account for single sign-on (there is more on third-party platforms below in the “How We Share Your Information” section).
• Non-essential account information: You may choose to provide your phone number or gender.
• Profile/bio information: You may choose, at your discretion, to provide additional information for your public profile on SWAY—for example:

 
• the city and country in which you reside
 
• a profile picture or avatar
 
• information about how you categorize yourself with respect to your content (for example, whether you are a musician, a label, or some other category of artist)
 
• details of your other websites and social media profiles, including links to those websites and profiles

For more information on how to delete, edit, change, or amend your information, see the “Choice and control” section below.

• User activity: We keep track of your interactions with the Platform, which may include the features you use, the advertising in which you show interest, and the content you encounter.
     
      For example, we maintain analytics data such as the number and titles of media tracks you listen to, the content you share with others, the users you follow, and the users that follow you.
     
      As this data is essential to the function of the Platform, you may not opt out of our collection and use of such data or information. By accessing or otherwise using any portion of the Platform, you hereby consent to the foregoing collection and use of your activity and behaviour for the purposes outlined in this Privacy Policy.
• Information from correspondence: You will provide certain personal data if you contact us by e-mail, the Websites (such as when you complete the forms on the Websites), mail, phone, fax, or other offline means.
• Survey information: If you participate in any survey, you will provide certain personal data as part of your response.
• Information that you post: You may provide personal information when you post comments, photos, and video, or contribute to community discussions.
• Contest information: If you participate in any of our contests or other promotions, you will provide certain personal data as part of your participation (such as your contact information, date of birth, and other information that may be required to verify your eligibility or award a prize).

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:

• the Internet Protocol (IP) address of the device from which you access the Platform (this can sometimes be used to derive the country or city from which you are accessing the Platform)
• the sites that you visited or services you accessed immediately prior to visiting the Platform
• the specific actions that you take on the Platform, for example visiting pages or screens, streaming or downloading media, sharing media with other users, following or unfollowing other users, posting comments, or performing searches
• any search terms that you may enter
• the time, frequency, and duration of usage
• your browser types and operating systems
• the nature of the device from which you are accessing the Platform, for example, whether you are accessing the Platform from a personal computer or from a mobile device
• information collected through cookies and similar technologies
• information regarding your interaction with e-mail messages, for example, whether you opened, clicked on, or forwarded e-mail messages
• location data: we or our service providers may receive or infer information about your location from a variety of sources. For example, we may use your Internet Protocol (IP) address to identify your general location or we may receive more precise location data from your mobile device (such as via global positioning systems (GPS), cellular towers, or wireless network access points). We may use location data to analyse certain information and to improve our Platform and relevance of the information we provide to you via the Platform

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We may use the information that we collect about you for the following purposes:

USE OF AND INTERACTION WITH THE PLATFORM

• To operate and maintain your SWAY account, and to provide you with access to the Website and use of the Apps and any Services that you may request from time to time. Your e-mail address and password are used to identify you when you log into the Platform.
• To identify you as the author of comments that you post and/or the other contributions that you make to the Platform.
• To seek your participation in surveys, and to conduct and analyse the results of those surveys, if you choose to participate.
• To administer promotions, and your involvement in them, if you choose to participate.
• To gain an understanding of the types of music, content, or features you and/or other listeners tend to like or dislike.
• To provide information to rightsholders or their service providers for the purpose of compensating artists and other rightsholders for use of content.
• To provide you with technical support.
• To respond to you about any comment or inquiry you have submitted.
• To provide other users with information regarding listening behaviour and activity.
• To prevent or take action against activities that are, or may be, in breach of our Terms of Use, Intellectual Property Policy, Community Guidelines, Contest Rules, or any applicable laws or regulations.
• To enable and enforce age restrictions.
• To send you service updates and notifications regarding your account and other notifications from time to time. We will exercise due diligence and use commercially reasonable efforts to contact you according to the preferences you communicate to us; however, please note that we must continue to notify you when there are material changes to your account or to policies governing our relationship with you. Please keep your e-mail address updated in your account settings so that you receive notifications from us.

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

• To analyse the use of the Platform in order to improve SWAY and customize it to the needs and interests of existing and potential users.

ADVERTISING

• To show you advertisements (ads) on behalf of advertisers.
• We use information that you make available to us when you interact with the Platform directly or through third-party services. This allows us to show you ads that are more relevant and interesting to you.
• Advertisers may pre-define specific audiences by certain criteria (e.g. age range, interests, locations, or the number of followers of users) for specific ad campaigns. If information about you matches these criteria, we may choose to display a suitable ad to you.
• We may also display ads based on the content that you have recently viewed or searched.
• We may share personal information with our service providers in order to deliver advertising to you. These will then be shared with us or a respective service provider.

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:

• We process your personal data for our legitimate business interests. These interests include but are not limited to: the commercial interests of SWAY or a third party in providing the Platform; compliance with applicable legal and regulatory obligations and any codes of conduct; improvement and development of our business operations and service offerings or those of a third party; or protection of our business, employees, users, or third parties.
• In certain instances, we may process your personal data pursuant to a contract between you and us (e.g. if you enter into an agreement with us relating to your use of the Platform).
• Where appropriate, we may ask for your consent. If we rely on your consent to process personal data, you have a right to withdraw such consent.

We will not share your information with any third party except as described in this Privacy Policy. We do not sell your information to anyone for advertising or other purposes. There are circumstances in which we may need to share some of the information we collect about you or the information you provide to us. These circumstances areas follows:

• Other users: Any information in your public profile will be accessible by other users of the Platform, who may view your profile information, listen to your shared playlists, add themselves to your list of followers, send you messages, or utilize other features that may allow them to communicate with you or view information about you. If you comment on any content on the Platform, your comments may be available to all users of the Platform.
• Service providers: We use certain third parties, some of whom may be located outside of the territory, to provide us with certain specialized services related to the Platform. For example, we may engage third-party service providers to host our Platform or to provide analytics, advertising, communication, customer support, or maintenance. These third parties may have access to certain information about you but only where this is necessary in order for those third parties to provide their services to us. Where we transfer personal data to these third parties, we require these third parties to implement appropriate organizational and technical security measures to protect against unauthorized disclosure of personal data and only to process personal data in accordance with our instructions and to the extent necessary to provide their services to us. The third-party service providers we use include: Apple App Store, Google play store, Google Identity Platform, Facebook Login API, Apple REST API.
• Users of our API: SWAY may grant permission to third parties to use programmatic interfaces to enable application developers to integrate elements of the Platform into various applications. Some of these developers may be located outside of the United Kingdom. Any information that you publish to the Platform may be accessible to these developers. Please bear this in mind when deciding what information to add to the Platform.
• Other networks and connected apps: If you choose to connect your SWAY account to other apps, such as Apple Music or SWAY, or social networks, such as Facebook or Twitter, you will share certain information with those apps or networks. Any new content that you publish to the Platform may be shared to connected networks and may be visible to your followers and friends on those networks, in accordance with the permissions that you grant when connecting a third-party account. In the case of connected apps that utilize the Platform, SWAY is not responsible for the content or use of personal data on other apps or networks. Please make sure you connect your SWAY account only with apps or services that you trust.
• As aggregated data: We may aggregate your personal data with similar data relating to other users of the Platform in order to create statistical information regarding the Platform and its use, which we may then share with third parties or make publicly available. However, in this use case, aggregate information would not include personally identifiable information (PII).
• If required by law: We will disclose your information if we believe in good faith that we are permitted or required to do so by law, including in response to a court order, subpoena, or other legal demand or request.
• To protect our interests: We may disclose your information if we feel this is necessary in order to protect or defend our legitimate rights and interests or those of our users, employees, directors, or shareholders, or to ensure the safety and security of the Platform or the SWAY community.
• In the context of a business transfer: We may transfer your information in the event of a corporate divestiture, acquisition, merger, dissolution, or insolvency. If there is a transfer of  assets, your information may be reviewed, transferred to, and acquired by a third party. The new owner or newly controlling party will, under the terms of this Privacy Policy, be permitted to use your information for the purposes and in the scope that it was supplied to us.
• With your consent: Except as otherwise set forth in this Privacy Policy, we will disclose your information if you have explicitly agreed that we may do so. We will make this clear to you at the point at which we collect or agree to disclose your information.

This section describes use of cookies and other measurement technologies used in device, user, and network identification.

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.

We use various technologies, including but not limited to session cookies (which expire once you close your Web browser) and persistent cookies (which stay on your device for a set period of time or until you delete them). We may use mobile device identifiers and the other measurement technologies for the purposes articulated in this Privacy Policy, for example to recognize your devices when you return to the Platform.

The information collected through such means are used for the following purposes:

Essential operational

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

Functional

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.

Third-party

We may allow our business partners to use cookies and other measurement technologies on or outside the Platform for the same purposes identified above, including collecting information about your online activities over time and across different applications, services, and websites. We may also use service providers acting on our behalf to use cookies for the purposes identified above.

MANAGING YOUR PREFERENCES FOR COOKIE AND OTHER MEASUREMENT TECHNOLOGIES

Many Web browsers allow you to manage your preferences. You can set your browser to refuse cookies or delete certain cookies. You may be able to manage other measurement technologies in the same way that you manage cookies using your browser’s preferences.

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.

Mobile settings

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.

By using this Platform, you hereby consent to the use of the cookies and other measurement technologies described above. If you do not agree with any of the terms of this Privacy Policy, including our use of cookies and other measurement technologies, you should not use the Platform.

For more information about the use of cookies and how to block them, visithttps://www.legislation.gov.uk/cookiepolicy. If you have any questions or comments about our use of cookies, please contact via our portal at: swaymusic.co/privacy.

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Third-party tracking

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.

If your personal data is protected by the GDPR, you have certain data protection rights described below with respect to the personal data collected and used by SWAY. These rights may apply only in certain circumstances and are subject to certain exemptions. You can exercise these rights using the contact details contained within this Privacy Policy.

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:

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• Right of access - the right to be informed of, and request access to, the personal data we process about you;
• Right to rectification - the right to request that we amend or update your personal data where it is inaccurate or incomplete;
• Right to erasure - the right to request that we delete your personal data;
• Right to restrict - the right to request that we temporarily or permanently stop processing all or some of your personal data;
• Right to object -

• the right, at any time, to object to us processing your personal data on grounds relating to your particular situation;
• the right to object to your personal data being processed for direct marketing purposes;

• Right to data portability - the right to request a copy of your personal data in electronic format and the right to transmit that personal data for use in another party’s service;
• Right not to be subject to automated decision-making - the right to not be subject to a decision based solely on automated decision making, including profiling, where the decision would have a legal effect on you or produce a similarly significant effect; and
• Right to be compensated.

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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.

Cookies Policy - provides more information on how we use cookies, including for interest-based advertising. You will also find information about how you can manage your cookie preferences and opt-out of certain types of tracking; and

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.

NOTIFICATION PREFERENCES

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.

Please note that this Privacy Policy does not apply to any third-party sites or applications, and we cannot control the activities of those sites or applications. You are advised to read the privacy policies of those sites or applications before sharing your information with, or connecting your SWAY account to, any of these third-party sites or 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

If you wish to review, amend, or delete personal data we hold about you, or if you have any objection to the processing of any personal data that we hold about you, please contact us via our portal at: www.swaymusic.co/privacy. We will process and respond to your requests in accordance with applicable laws and regulations and our policies, including our Privacy Policy, Terms of Use, Intellectual Property Policy, and Community Guidelines. We reserve the right to deny requests to amend or delete certain information where the request is not legally mandated or not technologically or practically feasible or where the request would require an unreasonable use or expenditure of additional resources.

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.

We take reasonable security precautions to protect the personal information that you choose to provide. Although guaranteed security does not exist on the Internet or offline, we make commercially reasonable efforts to handle such information consistent with this Privacy Policy and applicable laws. Due to the design of the Internet and other factors outside our control, we cannot guarantee communications between you and our servers will be free from unauthorized access by third parties. We will retain your personal data for as long as necessary for the purposes for which it was collected. The precise period will depend on the reason why it was collected. Those periods are also based on the requirements of applicable data protection laws, applicable legal and regulatory requirements, and periods relating to the commencement of legal actions.

If you have questions about this Privacy Policy, want to suggest changes to this Privacy Policy, or want to know what information we store about you, please contact us via our portal at: www.swaymusic.co/privacy.

If you decide that you do not want us to use your information in the manner described in the Privacy Policy, do not use the Platform.