INTRODUCTION

This Privacy and Cookies Policy was last updated on 25 May 2018. Swagbucks GmbH, a German limited liability company (together with any affiliates, “we“, “us“, and “our” and the “Company”) owns and operates one or more websites, mobile apps, and interactive services, under the brand Swagbucks.com or associated brands (collectively, the “Swagbucks Site“). For the purposes of the U.K. Data Protection Act 1998 and the EU General Data Privacy Regulation (GDPR), we are the data controller. This Privacy and Cookies Policy (“Privacy Policy”) applies to the Swagbucks Site and to all of the features, mobile applications, emails, online services and other functionalities (collectively, the “Features“) available via or related to the Swagbucks Site, whether accessed via a computer, mobile device, or otherwise (collectively, the “Swagbucks Site and Features“). This Privacy Policy may also apply to future websites, mobile apps, and interactive services operated by the Company, whether or not associated with the Swagbucks brand. We are committed to protecting your privacy online. We appreciate that you do not want your personal information distributed indiscriminately and here we explain how we collect information, what we do with it and what controls you have. By using the Swagbucks Site and Features, you consent to the collection and use of information in accordance with this Privacy Policy. We reserve the right to change this Privacy Policy from time to time by changing it on the Swagbucks Site.

Information we may collect from or about you

We may collect and process the following information about you:

• information (such as your name, email address, postal address and telephone number) that you provide by registering as a member or user of the Swagbucks Site or otherwise completing a user profile or other forms via the Swagbucks Site and Features;
• information you upload or submit in relation to any sweepstakes, contests or promotions (collectively, “Promotions“) that may be offered via the Swagbucks Site and Features;
• information you upload or submit in relation to any rewards programs that we offer (collectively, “Rewards Programs“);
• in connection with an account sign-in facility, your log-in and password details;
• details of any shopping or other transactions made by you through the Swagbucks Site and Features;
• communications you send to us, for example to report a problem or to submit queries, concerns or comments regarding the Swagbucks Site and Features; or
• information from surveys that we may, from time to time, present on the Swagbucks Site and Features for research purposes, whether for ourselves or for third-party research companies, if you choose to respond to, or participate in, them.

You are under no obligation to provide any such information. However, if you should choose to withhold requested information, we may not be able to provide you with any services available on or through the Swagbucks Site and Features (the “Services”). When you visit or use the Swagbucks Site, we may, by means of cookies and/or other similar technologies, automatically collect additional information about you – such as the type of internet browser or mobile device you use, any website from which you have come to the Swagbucks Site, your IP address (the unique address which identifies your computer or mobile device on the internet) and/or the operating system of your computer or mobile device. See Cookies and other technologies for more information. We may, from time to time, run referral programmes or similar initiatives, such as a “Tell a Friend” programme, that invite you to provide us with the contact details of someone who is known to you who may find our products or services to be of interest. We will only use those contact details for the purpose of the relevant initiative (and not for other general marketing purposes). By providing us with their details, you confirm that you have their permission to do so and must not provide us with the details of anyone from whom you do not have such permission. We reserve the right to identify you as the person who has made the referral in any messages that are sent to them. If you to install and use optional browser extensions, add-ons or similar plug-in technologies (the “Extensions”) as a Swagbucks Feature, we may also collect and use your information in a variety of ways. For example, the Swagbucks Swagbutton is an Extension that allows you to shop directly with our merchant partners and earn rewards. If you install an Extension, we may be able to determine automatically when you are visiting one of our merchant partners’ websites where our rewards may apply, or other websites in order to assist us in determining which non-participating merchants are popular with our users and for other general business and analytical purposes regarding our members. In addition, to assist in rewarding you for purchases made through our shopping-rewards features, third-party affiliate or ad network cookies or other similar technologies (discussed below) may be placed on your computer when you install and use an Extension or when you click on an affiliate or ad network link within a shopping-rewards feature, and your browsing activity on our merchant partners’ websites and other websites may be tracked, and that information may be shared with our advertisers, merchant and survey partners, or others, in order to provide you with advertising, content, surveys, offers, promotions, and rewards, or for other marketing, administrative and general business purposes.

Location data

We may collect information through the Swagbucks Site and Features as to your real time geo-location to provide location services where requested or agreed to by you in order to deliver content, advertising or other services that are dependent on knowing where you are. This information may also be collected in combination with an identifier associated with your device to enable us to recognise your mobile browser or device when you return to the Swagbucks Site and Features. We may share your location information with our advertisers, merchant and survey partners or other in order to provide you with advertising, content, surveys, offers, Promotions and Rewards Programs, or for other marketing, administrative and general business purposes such as attribution, analytics and research. You may opt out at any time from allowing further access by us to your location data by adjusting the settings on your mobile device or by following the instructions available on our Swagbucks Sites and Features. You can also stop all location data collection by un-installing the mobile app, using the standard un-install processes for your mobile device.

Cookies and other technologies

When you interact with the Swagbucks Site and Features, we try to make that experience simple and meaningful. When you visit the Swagbucks Site, a web server sends a cookie or other similar technology to your computer or mobile device (as the case may be).  Cookies are small pieces of information which are issued to your computer or mobile device when you visit a website or access or use a mobile application and which store and sometimes track information. Some cookies we use may last only for the duration of your web or application session and expire when you close your browser or exit the Swagbucks Site. Other cookies are used to remember you when you return to the Swagbucks Site and will last for longer. The cookies and/or other similar technologies we use collect a variety of relevant information, such as the type of internet browser or mobile device you use, any website from which you have come to the Swagbucks Site, your IP address and/or the operating system of your computer or mobile device. We use cookies and/or other similar technologies, such as tracking GIFs, web beacons, pixel codes and in-app IDs, either alone or in combination with each other to create a unique device ID and to:

• remember that you have visited us before. This means we can identify the number of unique visitors we receive. This allows us to make sure we have enough capacity for the number of users that we get;
• customise elements of the promotional layout and/or content of the pages of the Swagbucks Site;
• collect anonymous statistical information about how you use the Swagbucks Site and Features (including how long you spend on the Swagbucks Site) and where you have come to the Swagbucks Site from, so that we can improve the Swagbucks Site and learn which parts of the Swagbucks Site are most popular with users; and
• gather information about the pages on the Swagbucks Site and Features, and also other information about other websites that you visit, so as to place you in a “market segment”. This information is collected by reference to the IP address that you are using and/or your unique user ID, and includes information about the county and city you are in, together with the name of your internet service provider. This information is then used to place interest-based advertisements and content on the Swagbucks Site which it is believed will be relevant to your market segment. For more information about this type of interest based advertising, and about how to turn this feature off please visit http://www.youronlinechoices.com/uk/.

Some of the cookies used by the Swagbucks Site are set by us, and some are set by third parties who are delivering services or operating features on our behalf. Most web and mobile device browsers automatically accept cookies but, if you prefer, you can change your browser to prevent that or to notify you each time a cookie is set.  You can also learn more about cookies by visiting www.allaboutcookies.org which includes additional useful information on cookies and how to block cookies using different types of browser or mobile device. Please note, however, that by blocking or deleting cookies used on the Swagbucks Site, you may not be able to take full advantage of the Swagbucks Site and Features including the tracking of data required for Promotions and Rewards Programs.

Uses made of your information

We use your personal information which we collect to:

• enable us to provide you with the Services and information offered through the Swagbucks Site and Features and which you request;
• administer your account with us;
• audit the downloading of the Swagbucks Site and Features, as well as data from the Swagbucks Site and Features;
• improve the layout and/or content of the pages of the Swagbucks Site and Features and customise them for users;
• identify visitors to the Swagbucks Site;
• carry out research on our users’ demographics and behaviour;
• send you information we think you may find useful or which you have requested from us, including information about our Services or the products and services of trusted third parties such as merchants, publishers, or market research companies, provided you have indicated that you do not object to being contacted for these purposes;
• allow, with your consent, trusted third parties (including, without limitation, the third parties listed here: https://www.prodege.com/trustedpartners/) such as merchants, publishers, or market research companies to send you information directly which you may find useful regarding their products and services.

You can tell us not to contact you with information regarding our Services or the products and services of third parties, or to share your details with third parties so that they can send you information regarding their products and services, either at the point such information is collected on the Swagbucks Site (by checking or un-checking (as directed) the relevant box) or, where you do not wish us to continue to use your information in this way, by following the unsubscribe instructions on any communications sent to you. You can also exercise the right at any time by contacting us using the Contacting us details at the end of this Privacy Policy.

Information sharing

We may disclose aggregate statistics about users of the Swagbucks Site in order to describe our business and Services to prospective partners, advertisers, sponsors and other reputable third parties and for other lawful purposes, but these statistics will include no personally identifiable information. We may disclose your personal information to any of our affiliates, or to our agents or contractors who assist us in providing the Services we offer through the Swagbucks Site and Features, processing transactions, to view order references and/or order fulfillment requests and information, receiving and sending communications, updating marketing lists, analysing data, providing IT and other support services, or in other tasks, from time to time. Our agents and contractors will only use your information to the extent necessary to perform their functions. In the event that we undergo re-organisation or are sold to a third party, you agree that any personal information we hold about you may be transferred to that re-organised entity or third party. We may disclose your personal information if required to do so by law or if we believe that such action is necessary to prevent fraud or cyber crime or to protect the Swagbucks Site and Features or the rights, property or personal safety of any person.

Social Features

Certain functionality on the Swagbucks Site and Features may permit interactions that you initiate between the Swagbucks Site and Features and a third-party website or service, such as Facebook and Twitter (“Social Features”). Examples of Social Features include enabling you to “like” or “share” content from the Swagbucks Site and Features with another website or service; to log-in to the Swagbucks Site and Features using your username and password for a third-party website or service; to transmit content to the Swagbucks Site and Features from your account on a third-party website or service; and to otherwise connect the Swagbucks Site and Features to a third-party website or service. If you choose to use Social Features, information you post or provide access to will be shared with that third-party website or service and others, and may be publicly displayed on the Swagbucks Site and Features or by the provider of the Social Feature that you use. Similarly, if you post information on a third-party platform that references any of the Swagbucks Site and Features (e.g., by using a hashtag associated with any of the Swagbucks Site and Features in a tweet or status update), your post may be published on the Swagbucks Site and Features in accordance with the terms of the third-party website or service. Also, both we and the third party may have access to certain information about you and your use of the Swagbucks Site and Features and the third-party website or service. The information we collect in connection with Social Features is subject to this Privacy Policy. The information collected and stored by any third-party website or service via Social Features remains subject to the third party’s privacy practices, including whether the third party continues to share information with us, the types of information shared, and your choices with regard to what is visible to others on that third-party website or service.

Public forums

The Swagbucks Site and Features may, from time to time, make chat rooms, message boards, news groups and/or other public forums available to its users. Any information that is disclosed in these areas becomes public information.  You should exercise caution when using these and never disclose your personal information that you do not wish to be known publicly.

Child safety

Protecting the safety of children when they use the Internet is important to us. The Swagbucks Site and Features are intended for use only by persons who are at least 16 years of age.

External links

The Swagbucks Site may, from time to time, contain links to merchants, market research companies, or other external sites. We are not responsible for the privacy policies or the content of such sites.

Security

We place great importance on the security of all personal information associated with our users. We have security measures in place to attempt to protect against the loss, misuse and alteration of personal information under our control. For example, our security and privacy policies are periodically reviewed and enhanced as necessary and only authorised personnel have access to personal information. Whilst we cannot ensure or guarantee that loss, misuse or alteration of information will never occur, we attempt to use all reasonable efforts to prevent it. You should bear in mind that submission of information over the internet is never entirely secure. We cannot guarantee the security of information you submit via the Swagbucks Site and Features whilst it is in transit over the internet and any such submission is at your own risk. It is advisable to close your browser when you have finished your user session to help ensure others do not access your personal information if you use a shared computer or a computer in a public place.

Storage of your information

Information that you submit via the Swagbucks Site and Features is sent to and stored on secure servers located in the United States of America and may be transferred by us to our other offices and/or to the third parties, who may be situated in the United States of America or elsewhere outside the EEA and may be processed by staff operating outside the EEA (see Information sharing). The US and other non-EEA countries do not have similar data protection laws to the EEA, and you should be aware in particular that the law and practice in the United States in respect of law enforcement authority access to data is significantly different from Europe.  Where we transfer your information we will take all reasonable steps to ensure that your privacy rights continue to be protected consistent with our obligations under local law. By submitting information via the website, you agree to this storing, processing and/or transfer.

Your rights

You have a legal right under the U.K. Data Protection Act 1998 and/or and the EU General Data Privacy Regulation (GDPR) to a copy of all the personal information about you held by us. On request, we will provide you with a copy of this information. You also have a right to correct any errors in that information. You also have the right to delete that information, but in that case we may necessarily have to close your account and your participation in any of our Rewards Programs, as we would be unable to continue to offer you our Services.

Contact us

If you have any questions or concerns regarding these Terms or your use of the Swagbucks Site and Features or our Services, please contact us by using the “Contact Us”, “Contact Member Services” or similar contact link in the footer of the Swagbucks Site, or by airmail to: Swagbucks GmbH, Paul-Linke-Ufer 41 10999 Berlin; Attention: Customer Service.