| Updated: June 21, 2005
Swappernet.com, an Internet property of
Cherish.com, is an online adult community and dating service designed
to provide an easy way for our members to meet each other on the Web.
To accomplish this, our members create their own unique profiles. In
order to do this, we must ask for certain personal information. None
of the information we gather can be used by the public to identify
specific individuals. We are a membership-based service. We collect
credit card, address, bank and/or other personal information only from
those who choose to join.
Information Collected/Tracked
by Swappernet.com
Swappernet.com gathers two types of
information: information users submit to us and information not
directly submitted by users.
Information Submitted to
Swappernet.com
There are two types of user-submitted
information we collect: Public and Private. We define Public
information as personal information that may be displayed on the
Website, such as gender, age and height, but cannot be linked to a
particular user. Private information is defined as any information
that allows others to contact a user other than through Swappernet.com
or allows the collection of information about the user other than what
is displayed on the Website.
Public: To
accomplish our goal of bringing compatible people together, we must
gather personal information, which may or may not include:
customer-specified Swappernet.com username, gender, age, ethnic
background, appearance, religion, income range, occupation,
preference/lifestyle information and general geographic location. Much
of this information is optional, and meant to be seen by members and
visitors to the Website but cannot be used to identify a specific
member by name, address, etc.
Private: This
information is gathered from members and guests who apply for the
various services our Website offers. This information may include, but
is not limited to: email address, first name, last name, birthdate,
credit card number and/or checking account information for payment, a
user-specified password, mailing address, zip code and telephone
number.
Surveys & Contests:
From time-to-time our Website requests information from users via
surveys or contests. Participation in these surveys or contests is
completely voluntary and the user therefore has a choice whether or
not to disclose this information. Information requested may include
contact information (such as name and shipping address) and
demographic information (such as zip code and age).
Swappernet.com Affiliate
Partners: The Affiliate Partner program is a vehicle for
other adult and dating sites, as well as our third-party marketing
partners, to link to the Swappernet.com Website. v
Information not Directly
Submitted by Users to Swappernet.com
Aggregate: We gather
users’ server, IP address and browser-type related information in the
general administration of our Website. Swappernet.com reserves the
right to transfer and/or sell aggregate or group data about
Swappernet.com users for lawful purposes. Aggregate or group data is
data that describes the demographics, usage or other characteristics
of Swappernet.com users as a group without disclosing personally
identifiable information. By submitting your personal information to,
and/or using, the Swappernet.com Website, you agree to allow
Swappernet.com to transfer and/or sell such aggregate data to third
parties.
Use of Information Obtained
by Swappernet.com
California Residents
If you are a California State
resident, you may opt-out from having your personal
information transferred to third parties for use in such third
parties' marketing efforts by clicking
here
and completing an opt-out request or by sending a written email
request to lisa@eroticy.com.
However, where California residents opt-out from permitting their
personal information to be shared, such individuals may still receive
selected offers directly from Swappernet.com, in accordance with the
law. Swappernet.com agrees not to share the Social Security Number of
California State residents with third-parties without first obtaining
their consent to do so pursuant to the terms and conditions set forth
in the California Financial Privacy Act (“CFPA”).
Sharing of the Information
this Website Gathers/Tracks
Public: Public
information supplied by the user is intended to be viewed by visitors
to the Website. This information is used by visitors for searching and
matching purposes. Public information cannot be used to identify a
specific member by name, address, etc.
Private: We
primarily use email addresses submitted by members to verify
enrollment and when forwarding anonymous emails from member ad
responders. Member respondees' email addresses are not disclosed to
the responder. We may also use a user's email address to send news
regarding our Website, but the user may choose not to receive email of
this type by
contacting us. Email addresses may also be used in private
correspondence with the user for customer service issues. Financial
information that is collected is used to bill the user for products
and services. Swappernet.com reserves the right to use all information
supplied by the user to investigate fraudulent or other claims made
against Swappernet.com.
The private information that you
submit to Swappernet.com remains your property, but by submitting the
information to Swappernet.com you grant us the right to use such
information for marketing purposes including, but not limited to,
sharing such information with third parties. Swappernet.com may also
use such information to directly market certain offers to you, to
monitor compliance with our Terms and Conditions and for content
improvement and feedback purposes. We may sell the personal
information (other than credit card and Social Security Number
information) that you supply to us and we may join together with other
businesses to bring selected retail opportunities to our members.
These businesses may include, but are not limited to: (a) providers of
email, Internet and direct marketing services and applications
including, without limitation, lookup and reference, data enhancement,
suppression and validation; and (b) affiliated telemarketers.
Swappernet.com reserves the right to release current or past user
information: (a) in the event that we believe that the Website is
being or has been used in violation of the Terms and Conditions or to
commit unlawful acts; (b) if the information is subpoenaed; or (c) if
Swappernet.com is sold or acquired. Moreover, you hereby consent to
disclosure of any record or communication to any third-party when
Swappernet.com, in its sole discretion, determines the disclosure to
be appropriate including, without limitation, sharing your email
address with other third parties for suppression purposes in
compliance with the CAN-SPAM Act of 2003, as amended from time to
time. All private information can be updated or deleted by the user at
any time. Swappernet.com reserves the right to use all information
supplied by the user to investigate fraudulent or other claims made
against Swappernet.com.
In addition, as a member of
Swappernet.com and/or in agreeing to receive email marketing from
Swappernet.com, you agree that such act constitutes an inquiry and/or
application for purposes of the Amended Telemarketing Sales Rule, 16
CFR §310 et seq. (the "Rule"). Notwithstanding that your telephone
number may be listed on the Federal Trade Commission's Do-Not-Call
List, Swappernet.com retains the right to contact you via
telemarketing in accordance with the Rule. Moreover, by registering
with, or requesting information from, a third-party advertiser at or
through the Website, such action shall constitute an inquiry and/or
application with the respective third-party advertiser for purposes of
the Rule and you may be contacted via email, direct mail and/or
telemarketing by such third-party advertiser in accordance with the
Rule.
To the extent that customer credit
card-specific information and/or social security number is collected
by Swappernet.com and any of its affiliates and/or subsidiaries, said
information will be kept in confidence and will not be shared with any
third parties (other than consumer credit agencies) without the
member's prior informed consent, except to charge the member for
services purchased at the Website and/or verify the member's age.
Apart from the foregoing uses, Swappernet.com and its affiliates
and/or subsidiaries reserve the right to share with third parties the
fact that they have credit card information on file for specific
members but they will not share this credit card information with
third parties without the member's prior informed consent.
Links
This Website contains links to other
websites. Please be aware that Swappernet.com is not responsible for
the privacy practices of other websites. We encourage our users to be
aware when they leave our Website and to read the privacy policies of
each and every website that collects personally identifiable
information. This Privacy Policy applies solely to information
collected by this Website.
Use of Cookies
Swappernet.com may employ "cookies"
to help customize your access to the Website, and for the delivery of
targeted advertisements. A cookie is a piece of data stored on your
hard drive containing information about you. Cookies have many
benefits to enhance your experience at the Website and to facilitate
the receipt of targeted advertisements. For instance, by setting a
cookie on the Website, a user would not have to log in a password more
than once, thereby saving time while on our Website. To find out more
about cookies, please visit
www.cookiecentral.com. We reserve the right to employ user source
information, including applicable category and interest(s), for the
marketing of targeted email messages. This source information may be
shared with our third-party marketing partners. Swappernet.com
reserves the right to retain cookie and pixel tag data indefinitely.
Changes in Our Privacy Policy
If we change our Privacy Policy, we
will prominently post a link to those changes on our Homepage so our
users are always aware of what information we collect, how we use it
and under what circumstances, if any, we disclose it. If at any point
we decide to use personally identifiable information in a manner
different from that stated at the time it was collected, we will
notify users by way of an email. The user’s continued use of the
Swappernet.com service and/or continued receipt of Swappernet.com
emails constitutes an affirmative acknowledgement and acceptance by
the user of the modified Privacy Policy.
Security
Swappernet.com takes every precaution
to protect our users' information. When users submit sensitive
information via the Website, we endeavor to keep your information
protected both online and off-line. Unfortunately, no data
transmission over the Internet can be guaranteed to be 100% secure. As
a result, while we strive to protect your personal information, we
cannot insure or warrant the security of any information that you
transmit to us, and you do so at your own risk.
When our registration/order process
asks users to enter sensitive information (such as a credit card
number) that information is encrypted and is protected with SSL
encryption software.
While we use SSL encryption to
protect sensitive information online, we also do everything in our
power to protect user information off-line. All of our users'
information, not just the sensitive information mentioned above, is
restricted in our offices. Only employees who need the information to
perform a specific job (for example a billing clerk or a customer
service representative) are granted access to personally identifiable
information.
If you have any questions about the
security at our Website, please
contact us.
Minors
Swappernet.com is an adult-oriented
website. Visitors under 18 years of age (or under the applicable legal
age to view adult material in the jurisdiction from which you are
accessing Swappernet.com, if 18 is not the legal age) are not
permitted to use and/or submit their personal information at our
Website. Swappernet.com does not knowingly solicit or collect
information from visitors under 18 years of age. Swappernet.com
encourages parents and guardians to spend time online with their
children and to participate and monitor the interactive activities of
their children.
Email Choice/Opt-out
Our users are given the opportunity
to 'opt-out' of having information used for purposes not directly
related to our Website.
Users who no longer wish to receive
our notification emails or newsletters may opt-out of receiving these
communications by following the instructions contained in the email.
Contacting the Website
If you have any questions about this
Privacy Policy, the practices of this Website, or your dealings with
this Website, please
contact us. |