CreationSwap® ("CreationSwap®", "We" or "Us"), the owner of https://www.creationswap.com (the "Site"), offers a means to connect creators of artwork, graphics, movies, slides, films, audio content, music, and designs with consumers of such content (the "Services"). CreationSwap® respects the privacy of the users of its Site and Services.

This Privacy Policy explains how we collect, process, and store our users ("You" or "Your") personal information. Specifically, this Privacy Policy will address:

  1. What Information We Collect About You
  2. How We Use the Information We Collect
  3. How We Share the Information We Collect
  4. How We Protect Your Information
  5. Third-Parties
  6. Third-Party Links
  7. User Content
  8. Fair Information Practices Compliance
  9. Access to Your Personal Information
  10. Do Not Track Signals and Minors
  11. Contact Us
  12. Changes to This Policy

We may revise and change this policy and the ways in which we collect, use and disclose personal information. Please check back here frequently to review the latest version of this policy.

What Information We Collect About You

The information we may collect is described in this Section, and includes data related to account registration, payment, and security, such as your first name, last name, email address, and physical address, as well as information you provide us with voluntarily, such as your company name, telephone number, and occupation (collectively, the "Personal Information").

We may collect Personal Information directly from you, from third parties, or automatically through your use of the Site and Services. The manner in which we collect your Personal Information is more fully discussed, below.

Information We Collect Directly:

  • If You wish to use the Services, we require You to provide us with Your first and last name and Your email address, and time zone.
  • If You wish to use the Services to contribute content, such as graphic art, movies, designs, and photographs ("Content"), we also collect your social security number or tax ID number, your type of business, and your address.
  • If You wish to create a Profile with CreationSwap®, we collect your name, telephone number, email address and your city and state.
  • You may elect to provide information regarding Your physical address, additional email addresses, telephone number, occupation, and company name.
  • If You purchase Content from our Site or sign up to become a Premium User, We require You to provide us with necessary transaction information, such as your credit card payment information.
  • Should You choose to directly contact us, we will collect Your name and any contact information You may provide us with, such as your email address, telephone number or mailing address.
  • When you use the Services our servers automatically record information, including information that your browser sends whenever you visit a website or your mobile app sends when you are using it. This log data may include your Internet Protocol address, the address of the web page you visited before using the Services, your browser type and settings, the date and time of your use of the Services, information about your browser configuration and plug-ins, and language preferences. We may collect this information.
  • We may collect information about the device you are using the Services on, including what type of device it is, what operating system you are using, device settings, application IDs, unique device identifiers, and crash data.
  • GPS location from mobile devices is collected only with your permission. WiFi and IP addresses received from your browser or device may be used to determine approximate location.

Information We Collect Automatically:

  • We automatically collect analytic information related to how users use the Site on an aggregate and anonymous basis. We may use Google Analytics to collect this information.

Information We Collect Passively:

  • We use cookies and other tracking mechanisms to do such things as track information about Your use of the Site and the Services on an aggregate and anonymous basis so that we may recognize You and Your device and improve the Site and the Services.
  • Cookies in General. A cookie is a small amount of data, which often includes an anonymous unique identifier, which is sent to your computer or mobile device from the Site, and is stored in your computer or mobile device. For instance, we use cookies to help us remember and process the Content you pay for and download. Cookies are also used to help us understand Your preferences based on previous or current Site activity, which enables us to provide You with a better customer service experience. We also use cookies to help us compile aggregate data about site traffic and site interaction so that we can offer better Site experiences and tools in the future. You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. If you turn off all cookies, some features of the Site and/or Service will be disabled and as such Your experience with the Site and/or Service may be impacted.
  • Third-Party Cookies. We may also engage third parties (the "Third Parties") to track and analyze data from the Site and Services. In this case, we will use the data collected by the Third Parties to help us administer and improve the quality of the Site and Services, and to analyze usage. The Third Parties may use cookies (the "Third Parties' Cookies") to assist us in offering the Site and Services.
How We Use The Information We Collect

We use the Personal Information we gather about you for any or all of the following reasons:

  • To provide the Site and Service; to communicate with you about the Site and Services or changes to the Terms of Use (the "Terms"), User License ("User License") and this Privacy Policy; to respond to inquiries; and for other customer support purposes.
  • To personalize and customize the Service to better suit your preferences, to offer personalized help and instructions, and to otherwise improve your experiences with the Service.
  • For marketing and promotional purposes. We may collect Personal Information about You to send you special offers and promotions, or to otherwise contact You about products or information we think may be of interest. You may opt out of these offers and promotions by emailing us at the email address listed below, or changing Your settings by going to www.creationswap.com/settings/notifications.
  • To improve the Site and Services.
How We Share Your Information

We may disclose the Personal Information that it collects in the ways described above, and to comply with the law, and to protect us and other users of the Service. For example, we may share information with:

  • Third-Party Providers. To help run the Site and Services, we may disclose the Personal Information we collect from You to third-party vendors, service providers, contractors, or agents.
  • Business Mergers. If we are bought out by or merged with another company, or we are involved in a bankruptcy proceeding, we may transfer the Personal Information we have collected from You to the other company.
  • In Response to Legal Process. We may disclose the Personal Information we collect from You in order to comply with the law, a judicial proceeding, court order, or other legal process.
  • To Protect Us and Others. We reserve the right to disclose Personal Information gathered from you if we believe it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, violations of the Terms, User License, or this Privacy Policy, or in the course of litigation which we are a party.
  • Aggregate and De-Identified Information. We reserve the right to share aggregate or de-identified information about its users with third parties for marketing, advertising, research, product development or similar purposes.
How We Protect Your Information

We want to make sure that Your Personal Information is properly protected. We implement a variety of security measures to protect Your Personal Information. However, please be aware that despite our best efforts, no data security measures can guarantee 100% security. You should take steps to protect against unauthorized access to your password, phone, and computer by, among other things, keeping your log-in and password private. You agree that we are not responsible for lost, stolen, or compromised passwords or for any activity via unauthorized password activity.

Third-Parties

We may use several third-party services and applications to help run the Site and Services, evaluate usage of the Site and Services, improve the Site and Services, customize user experiences, and for advertising purposes. These entities may use cookies and Personal Information shared in the manner described in their own Privacy Policy to perform their services. These third parties include advertising networks, secure credit card and e-commerce processing, account analytics, and storage and security companies.

Third-Party Links

The Site and Services may contain links to third-party websites and/or applications (the "Third-Party Links). Any access to and use of such Third-Party Links is not governed by this Privacy Policy, but instead is governed by the privacy policies of those Third-Party Links. We are not responsible for the information practices of such Third-Party Links.

User Content

If you choose to display Content on the Site through the Services, or post information to Your CreationSwap® Profile, all of the information that you choose to display and/or post will be made available to the public (and to other users of the Site and Services). We cannot prevent such information from being used in a manner that may violate this Privacy Policy, the law, or Your personal privacy. As a result, You should never post any sensitive information using the Services or the Site that You are not comfortable sharing with the public. We are not liable to You or any other person for any Content or information You display and/or post using the Services and/or Site, or the use or disclosure of such content or information by other users or third parties.

Fair Information Practices Compliance

Any communications or notifications from us, including notifications with respect to any actual or suspected data breach, will be sent to you by email as soon as reasonably practicable, taking into consideration the needs of law enforcement and other investigators, as well as applicable laws and regulations regarding proper data breach notification procedures. We will also post a notification informing you of any suspected data breach on https://www.creationswap.com. Please note that we will send the email notification to the email address we have on record for you, so be sure you keep this information current. If you wish to receive notification some other way, please let us know by contacting us at the email address provided below.

Access to Your Personal Information

You may modify the Personal Information that you have submitted by logging into your account and updating your information here.

Do Not Track Signals and Minors

We do not respond to Do Not Track Signals. If you have question regarding our policy, please contact us.

The Services and Site are for those over the age of 18. We do not knowingly collect or solicit any information from anyone under the age of 13. The Services and Site and their respective features are not directed at children under the age of 13. In the event that we learn that we have collected Personal Information from a child under age 13 without parental consent, we will delete that information as quickly as possible. If You believe that we might have any information from or about a child under 13, please contact us at the email address, below.

GDPR (EEA and UK Users)

This Section applies only to natural persons residing in the European Economic Area and the United Kingdom (for the purpose of this section only, "you" or "your" shall be limited accordingly). It is Creationswap.com’s policy to comply with the EEA's General Data Protection Regulation (GDPR). In accordance with the GDPR, we may transfer your personal information from your home country to the U.S. (or other countries) based upon the following legal bases:

  • Legitimate business interests: We could not provide our services or comply with our legal obligations without transferring your personal information to the U.S.
  • Our use of Terms of Use where appropriate.

You have the right to: opt out of non-essential cookies (see Information We Collect Passively); access, correct, delete, restrict, or object to our use of your personal information; be forgotten; port your data; and withdraw consents. We enable exercise of these rights primarily through our services (which we reserve the right to modify). For example, we allow users to change their information, download their content, and close their accounts. We also fulfil our obligations in response to direct requests. We will endeavor to process requests within one month. Please note that we may not be able to comply with requests to the extent that they would cause us to violate any law or infringe any other person's rights. We reserve the right to request appropriate identification. We will process requests free of charge unless they would impose an unreasonable cost on us.

If you have a request, complaint or inquiry, please contact our Data Protection Officer at the address listed in the Contact section below. We are committed to working with you to obtain a fair resolution of any issue. You also have the right to file a complaint with the supervisory data protection authority of your jurisdiction.

California Users

Under California’s "Shine the Light" law, California residents have the right to opt out of disclosing information to third parties for the purpose of allowing such third parties to directly market their products and services. At this time, we do not engage in this type of disclosure.

Under the California Consumer Privacy Act ("CCPA"), California consumers have the following rights, which can be exercised directly or in certain cases, through an authorized agent:

  • Right to Know: You have the right to request information about the categories and sources of personal information we collect, our purposes for collecting the information, and the types of third parties that receive that information. Details about our data collection, use and third-party disclosures can be found in this Privacy Policy. In addition, you have the right to request a copy of your personal information. You may exercise this right once per 12-month period by contacting us.
  • Right to Delete: You have the right to request that we delete some or all of the personal information that we have about you. Deleting all data will typically require the deletion of your account, along with all content, including your content. Notwithstanding the foregoing, we may retain information to provide services you have ordered, complete transactions, honor opt-outs, prevent fraud, spam, and other abuse, comply with our legal obligations, cooperate with law enforcement, and to exercise and defend our rights. You may exercise your right to delete by contacting us.
  • Do Not Sell: We do not sell your personal information. You have the right to opt out of the sale of your personal information, and to request information about whether we have sold your personal information in the past 12 months. When you use our services, we do not share your personal information with advertising partners in a way that may constitute a sale under the CCPA. We do not provide an opt-out mechanism, because we do not believe in good faith that your personal information is being sold.

Non-Discrimination. We won’t discriminate against you because you exercise any rights herein.

To exercise your rights to know and delete, we must be able to verify your identity as the owner of the Creationswap.com account you are inquiring about. We may not be able to fulfill your request until we can do so. In general, we verify identity by confirming that you are the owner of the email address associated with the account. An authorized agent submitting a request on your behalf must also have access to the email address associated with the account, along with sufficient evidence that you have authorized that person to submit the request on your behalf. Although you need not have a Creationswap.com account to submit a request, we may not be able to locate certain information to process your request if you don’t have one.

Contact

If you have concerns relating to this Agreement, please contact us online here: contact us.
Or by postal mail here:
     Swap Collective LLC
     111 SW Fifth Avenue, Suite 3150
     Portland, OR 97204

Changes to This Policy

We reserve the right to change this Privacy Policy from time to time, so please be sure to check back periodically. We will post any changes to this Privacy Policy at https://www.creationswap.com/privacy. If we make any changes to this Privacy Policy that materially affect our practices with regard to the Personal Information we have previously collected from you, we will endeavor to provide you with notice in advance of such change by highlighting the change on https://www.creationswap.com/privacy.