Thank you for your interest in SwamCam, LLC (“SwamCam”), a New York limited liability company. SwamCam respects your privacy, and this policy covers SwamCam’s handling, use, and disclosure of information collected from you through the use our products and Services. When we refer to our “Services” in this Policy, we mean our website (https://theswamcam.com/, hereafter, the “Site”), apps and other online services, including the online services we provide for our Devices. Any reference to “Devices,” means SwamCam’s hardware products, including our cameras, sensors, and other devices.
You should review this policy carefully, and be sure you understand it, prior to using the Site or otherwise providing any information to SwamCam. Your use of the Site, providing any information to SwamCam or any other indication of your assent is deemed to be acceptance by you of this policy. If you do not agree to this policy, you should not use, and should immediately terminate your use of, the Site and not otherwise provide any information to SwamCam. For purposes of this Section, accessing the Site only to review this policy is not deemed to be use of such Site.
In this policy:
(b) “Collected Information” means all (i) Personal Information and (ii) Non-Personal Information;
(c) “Non-Personal Information” means all information collected by SwamCam, whether electronically or manually, through (i) the Site, (ii) e-mail messages and other electronic communications that you may send to SwamCam, (iii) the SwamCam app, and (iv) other sources in the ordinary course of SwamCam’s business, that is not Personal Information (including, but not limited to, any Analytical Information); and
(d) “Personal Information” means all information collected by SwamCam, whether electronically or manually, through (i) the Site, (ii) e-mail messages and other electronic communications that you may send to SwamCam, (iii) the SwamCam app; and (iii) other sources in the ordinary course of SwamCam’s business, that relates to an individual and that identifies, or can be used in conjunction with other readily-accessible information to identify, such individual (including, but not limited to, name, government and professional licensing information, e-mail address, physical address, phone number, bank account and credit card information, and human resource data relating to employees and independent contractors of SwamCam).
Except for any Collected Information obtained automatically through the Site as set forth in this policy, no Collected Information is obtained from you, unless it is voluntarily provided. For example, SwamCam will obtain Collected Information from customers who place product orders on the Site, set-up a Device, or register for an account when downloading the SwamCam app. Regardless of the method used to obtain Collected Information, SwamCam will only collect and retain Personal Information in a manner that is consistent with the purposes for which it is provided and SwamCam’s other legitimate business purposes (including, but not limited to, marketing). SwamCam will have no liability in connection with your providing SwamCam with any information without you having first obtained the requisite approvals, authorizations, consents, permissions, permits, or having entered into a business associate agreement with SwamCam.
You may refuse to provide any information to SwamCam at any time by terminating your use of the Site, the SwamCam app, or in all other cases not involving use of the Site, by notifying SwamCam as set forth in Section 19. If you refuse to provide any information when requested to do so by SwamCam, the Site or the app, you may not be able to access, or otherwise receive the benefits of, certain Devices and Services from SwamCam or features of the Site or app.
Whether or not you have previously sent SwamCam an e-mail message, you consent to SwamCam’s sending you e-mail messages and other electronic communications (a) in connection with your use of the Site, (b) in the ordinary course of business, or (c) for any other legitimate business purpose (including, but not limited to, marketing). Since SwamCam endeavors to send e-mail messages and other electronic communications only to individuals desiring to receive them, you can unsubscribe to such e-mail messages or other electronic communications at any time by contacting SwamCam as set forth in Section 19 or by following the directions contained in such e-mail messages or other electronic communications. Any request to unsubscribe to e-mail or other electronic communications will likely be effective within 48 hours after your request is received by SwamCam.
When you access the Site, SwamCam will collect Analytical Information. Your browser may provide you with the ability to not accept cookies, as well as the ability to delete already-existing cookies. If you refuse, or delete previously-existing cookies, you may not be able to receive the benefits of certain features of the Site.
Analytical Information will only be used by SwamCam (a) to record your use of the Site, (b) to diagnose problems with the Site, (c) to improve the Site and make it more useful to you and other users, and (d) for other legitimate business purposes of SwamCam (including, but not limited to, marketing). SwamCam will collect Analytical Information either directly or through third parties acting on its behalf. For example, Google Analytics is one of the third parties used by SwamCam to collect Analytical Information. These third parties may combine and use data collected through your use of the Site with data they collect over time and across different websites for their own purposes. You can learn about how Google collects and processes data at https://policies.google.com/technologies/partner-sites. You can also learn about the controls Google offers to manage the collection and use of your information data at https://policies.google.com/privacy. We recommend that you review the privacy policies or notices of these third parties.
In addition to the Analytical Information collected by the Site, when your Device is connected to our Services, we will automatically collect certain data, such as when the Device is used, whether it is turned on or off, and when it is capturing video, motion or other sensor data.
Except as provided in the immediately following sentence, SwamCam will use commercially reasonable efforts to protect Personal Information from loss, misuse, unauthorized access, alteration, destruction, and disclosure. Certain Personal Information posted by you on the Site may be accessible to the general public, and SwamCam is not responsible for protecting such Personal Information from loss, misuse, unauthorized access, alteration, destruction, or disclosure. For example, if you participate in a public forum on the Site, any information disclosed by you when doing so may be available to the general public. Also, since no transmission of information over the Internet or electronic storage of information is completely secure, it is possible that Collected Information could be lost, misused or accessed, altered, destroyed, or disclosed without authorization, even if SwamCam uses such reasonable efforts. In providing information to SwamCam, you assume the risk that Collected Information could be lost, misused or accessed, altered, destroyed, or disclosed without authorization.
All Collected Information may be used by SwamCam for any legitimate purpose, including, but not limited to, the purposes for which it was collected, as well as any other legitimate business purpose (including, but not limited to, marketing). Legitimate business purposes include, processing and fulfilling orders, configuring the product, delivering the Services, communicating with you about our Services and Devices, and sending you notices, updates, security alerts and administrative information. If SwamCam expressly states in this policy or in another writing that any Collected Information will only be used for a specific purpose, SwamCam will only use such Collected Information for such purpose, unless you subsequently consent to its being used for another purpose.
Any Collected Information obtained by SwamCam, whether or not for a specific purpose, may be transferred to third parties designated by SwamCam for any purposes for which SwamCam could use such Collected Information. For example, we may share Collected Information with vendors and service providers that perform services for us or you, including analytics providers, cloud infrastructure providers, payments service providers, logistics providers that ship products to you, and customer support service providers. When Collected Information is so transferred, SwamCam will be responsible for such third parties’ compliance with SwamCam’s obligations pursuant to this policy.
SwamCam may also at any time, in its sole discretion, transfer any Collected Information (including, but not limited to, a computer’s Internet protocol address), whether or not you furnished such Collected Information for a specific purpose, to (a) comply with, or as permitted by, any applicable law or lawful request of a government or public authority for purposes of satisfying, among others, national security or law enforcement requirements, (b) cooperate with law enforcement, and other third parties, in investigating a claim of fraud, illegal activity, or infringement of intellectual property rights, (c) protect the rights, property or legitimate business interests of SwamCam or a third party, or (d) transfer such Collected Information to a third party acquiring all, or substantially all, of SwamCam’s assets. If Collected Information is so transferred, SwamCam will have no responsibility for any action of the third party to whom or which such Collected Information is transferred.
SwamCam is based in the United States and we process and store information in the U.S. and other countries. Therefore, we and our service providers may transfer your information to, or store or access it in, jurisdictions that may not provide equivalent levels of data protection as your home jurisdiction.
The Site is not intended for children under 13 years of age. However, if a parent or guardian of a child who is under 13 years of age discovers that Personal Information of such child has been submitted to SwamCam without the parent’s or guardian’s consent, SwamCam will use commercially reasonable efforts to remove such information from such Site and SwamCam’s servers upon request. To request the removal of such Personal Information, the parent, guardian or user must contact SwamCam as set forth in Section 19, and provide all information requested by SwamCam to assist it in identifying the Personal Information to be removed.
In addition, the technology utilized by SwamCam’s Devices collects images from your cameras to monitor the environment and send you both video and alerts. As a result, the Services may collect images of children under the age of 13. All images are stored for approximately thirty days by our cloud provider and then the images are overwritten. Parents who purchase SwamCam Services are consenting to the collection, use and temporary storage of these images so that SwamCam can provide the contractually required monitoring technology. When you agree to this policy, you are confirming that you consent to the collection of these images.
This policy shall be governed by, and construed and interpreted in accordance with the laws of the state of New York, without regard to the principles of conflict of laws. If there is any conflict or inconsistency between any provision of this policy and any provision of any applicable law, the latter shall control.
Any complaint by you regarding any Collected Information, or otherwise relating to this policy, must first be submitted to SwamCam as set forth in Section 19, and SwamCam must be given a reasonable opportunity of not less than 45 days to investigate and respond to your complaint. Upon SwamCam’s completing such investigation and so responding, SwamCam and you must then attempt, in good faith, to promptly resolve any remaining aspects of your complaint. If any aspect of your complaint remains unresolved after an additional reasonable period of time of not less than 45 days, you may commence litigation against SwamCam in connection with the unresolved portion of your complaint only in a court located in Rockland County, New York, and having subject matter jurisdiction over your complaint. You consent to any such court’s being a proper venue for your complaint, and waive any objection thereto based on inconvenience.
Except as set forth in this Section, this policy contains the entire agreement, and supersedes all prior oral and written agreements, proposals and understandings, between you and SwamCam, with respect to Collected Information. If you use the Site or otherwise have business dealings with SwamCam, such use or dealings will be subject to this policy, plus any other written agreement between the parties that is applicable thereto. To the extent there is any conflict or inconsistency between any provision of this policy and any provision of such other agreement, the former shall control.
Whenever possible, each provision of this policy shall be interpreted to be effective and valid under applicable law. If, however, any such provision shall be prohibited by or invalid under such law, it shall be deemed modified to conform to the minimum requirements of such law, or if for any reason it is not so modified, it shall be prohibited or invalid only to the extent of such prohibition or invalidity without the remainder of such provision, or any other provision of this policy, being prohibited or invalid.
SwamCam may revise any provision of this policy from time to time by posting the revised provision on the Site so long as such revision does not conflict with any applicable law. Any such revision will take effect immediately upon such posting, and will apply to all Collected Information obtained by SwamCam after such posting. It is your responsibility to periodically check this policy on the Site for revisions to this policy. The latest version of this policy will always be the one posted on the Site. Any other revision to this Agreement must be in writing signed by SwamCam and User.
Except as provided in this policy, or any applicable law, you are solely responsible for all fees and disbursements of any attorney or other advisor retained by you in connection with enforcing your rights under this policy.
If you have any questions or complaints, desire additional information, or need to notify SwamCam of anything, regarding this policy, please promptly contact SwamCam using one of the methods set forth below:
Regular mail to:
400 Rella Blvd, Suite 123-115
Montebello, New York 10901;
E-mail to: email@example.com
Effective Date: May 1, 2023