PRIVACY POLICY
Last Updated March 18, 2021
Welcome to Propswap.com. PropSwap LLC and its affiliates (collectively, “PropSwap,” “We,” “Us,” or “Our”) provide certain content and services, including this website and the PropSwap application (collectively, the “Services”) to users such as you (“You” or “Your”). PropSwap will receive certain details and information concerning You when You access and use Our Services. PropSwap is committed to protecting Your Personal Information in accordance with the terms of this Privacy Policy (“Policy”), which describes how we collect, use, maintain, monitor, and disclose your Personal Information. This Policy is effective as of the date Last Updated and should be reviewed by You periodically. Before You proceed, please read Our Terms and Conditions, which can be found at www.propswap.com/terms-and-conditions, as this Policy is incorporated into and is subject to Our Terms and Conditions. Certain terms herein that reference the Terms and Conditions may be capitalized throughout this Policy to demonstrate their significance.
THIS POLICY IS A LEGALLY BINDING AGREEMENT IN CONSIDERATION FOR THE SERVICES PROVIDED, AND YOU SHOULD READ THIS POLICY CAREFULLY BEFORE YOU ACCESS AND USE THE SERVICES. BY ACCESSING OR USING OUR SERVICES YOU CONSENT TO OUR USE, COLLECTION AND DISCLOSURE OF YOUR PERSONAL INFORMATION IN ACCORDANCE WITH THIS POLICY.
1. PERSONAL INFORMATION COLLECTED. By accessing or using the Services, You agree that we may collect certain information as it identifies, relates to, describes, references, is capable of being associated with, or could be linked directly or indirectly with You and Your electronic device (“Personal Information”). Such Personal Information may include, but is not limited to:
a. Registration Information. When You access or use the Services, You must register with PropSwap and create a PropSwap user account (“Account”). In addition, You must provide PropSwap with certain Personal Information, including Your: (a) full name; (b) state of residency; (c) date of birth; (d) email address; (e) credit card or banking information, including without limitation detailed information on Your PayPal account; and (f) any additional information that PropSwap may request in order to verify Your age and identity (collectively “Registration Information”).
b. Location and Transaction Information. When You access or use Our Services, We and third parties may use certain technologies to collect information about Your precise physical location as well as Transactions related to Your Account.
c. Device Information. When You access or use Our Services, We and third parties may use certain verification technologies to collect and analyze Personal Information about You, Your Device, and Your activity. We may participate in or use cross-device information services and technologies to deliver personally-tailored advertisements and promotions.
d. Browser Information. We may obtain information regarding Your browser, including the type of Browser You are using. You reserve the right to configure Your browser to reject cookies and other data files or identifiers, but doing so may prevent You from being able to use or access the Services.
e. Wi-Fi and Location Information. When You access and use Our Services, We may collect Your Personal Information directly or indirectly, which includes but is not limited to the type of device You are using, Your device identification number, and the nature and extent of Your use. We reserve the right to determine where You are located and obtain the details of Your Wi-Fi and other network information. Namely, Your precise physical location may be reported to Us, Our service providers, and applicable regulatory bodies. Neither Us nor Our third-party providers will sell your Wi-Fi and Location Information to others.
f. Log Data, Cookies, and Other Information. We reserve the right to use automatic data collection technologies to collect certain information about You and Your device, equipment, activity, browsing history, and usage patterns. This allows Us to improve Our Services and deliver a better experience to You and Our users. Our Servers automatically record certain Personal Information when You access and use Our Services, including Your interaction with links and advertisements (“Log Data”). We may also use small data files called “cookies,” or similar technologies, which are transferred to Your device’s internal storage to collect Personal Information (“Cookies”). We Use Cookies and similar technologies to monitor Your usage, analyze how our Services are used, combat fraud, improve Our understanding of web traffic and aggregate usage, and other legitimate business purposes.
g. Affiliate and Third-Party Information. We may obtain Personal Information from Our affiliates, Sportsbooks, and other third parties, including Our business partners.
h. Interactions With Third-Party Services. Third party advertisers may use our Services to deliver advertisements to You. These third parties may receive Your IP address or other Personal Information and further reserve the right to download Cookies onto Your device and use other technology to analyze the efficacy of such advertisements. These third parties may compile information about Your sites or services visited or used. We do not have access or control over third-party advertisers or their technologies used.
i. Any Other Information that You Provide. You may choose to provide certain Personal Information to Us directly, which We will collect, use, share, and store consistent with this Policy.
2. WHEN THIS POLICY APPLIES. This Policy applies to all PropSwap Services, even if the Services are used internationally. This Policy does not apply to the information practices of other companies and organizations that advertise Our Services nor does it apply to products or services offered by other companies or individuals, even those third-party products or services that may be linked to Our Services.
3. NOTIFICATIONS. YOU EXPRESSLY CONSENT TO RECEIVE EMAILS AND TEXT MESSAGES FROM PROPSWAP IN CONNECTION WITH OUR SERVICES. YOU MAY BE CHARGED CERTAIN CARRIER FEES IN CONNECTION WITH THESE NOTIFICATIONS. YOU MAY OPT OUT OF EMAILS AND TEXT MESSAGES BY EMAILING info@propswap.com YOUR ACCOUNT NUMBER WITH THE PHRASE “OPT OUT” INCLUDED IN THE BODY OF THE EMAIL. FAILURE TO OPT OUT CONSTITUTES YOUR CONSENT TO SUCH NOTIFICATIONS.
4. USE OF PERSONAL INFORMATION. We reserve the right to use or share Your Personal Information to, or in connection with, contractors, business partners, affiliates, third parties, law enforcement and regulatory authorities, and any other persons or groups. We may use Your Personal Information for purposes including but not limited to:
a. Marketing Purposes. We may use Your Personal Information for Our own marketing purposes, including special promotions, offers, and events sent to You by push notifications, Email, text messages, SMS messages, and other methods.
b. Legal and Regulatory Compliance. We may use Your Personal Information for legal and regulatory compliance purposes. We reserve the right to disclose such Personal Information to the appropriate legal authorities, even if they do not specifically request such information. Your Personal Information may be used if we cooperate with law enforcement or other government agencies in relation to investigations, national security, public safety, or matters of public importance. In addition, We may use Your Personal Information as necessary to prepare or pursue legal defenses or claims.
c. Verification Purposes. We may use Your Personal Information to verify You or Your identity, and to compare Your Personal Information to that information linked with Your Account. We seek to actively protect PropSwap and Our customers, and to prevent fraudulent activity in connection with Our Services.
d. Data Compilation and Analysis. Your Personal Information may be compiled to benefit and improve the Services. Specifically, Your Personal Information shall be used to enhance and improve Your overall experience when accessing or using the Services. We reserve the right to use Your Personal Information to perform statistical and demographical analysis. In addition, Your Transaction data may be monitored, analyzed, and recorded.
e. Other Purposes. The compilation of Personal Information may be used for general business or commercial purposes, as well as other purposes, such as debt collection, enforcement of contractual obligations, and security.
5. CHOICES ABOUT HOW WE USE AND DISCLOSE YOUR INFORMATION. We have created mechanisms and resources to give You control over Your Personal Information. You can set Your browser to refuse all or some browser Cookies, or to alert You when Cookies are being sent. If You choose to disable or refuse Cookies, please note that some Services or features may be inaccessible or may not function properly. In addition, You are able to unsubscribe from Our promotional or informational notifications by clicking the “unsubscribe” link at the bottom of the Email or reply “stop” if You receive the notification via text message.
6. SECURITY. Personal Information collected by Us may be stored in secure servers located within data centers in the United States or other foreign countries whose operations must abide by applicable laws and regulations (“Servers”). Our Servers are protected by firewalls and other reasonable industry security standards. Further, personnel are trained to prevent unauthorized access. When Your Personal Information is collected by third parties who have contracted with Us, we require such third parties to exercise reasonable care to protect Your Personal Information and restrict the use of Your Personal Information to the purposes in which it was provided. These security practices are in place to protect Your Personal Information. Nevertheless, these security practices have imperfections, and Our Servers and/or Your Personal Information may be breached or compromised. You understand and acknowledge that in the event that a breach or compromise occurs, we shall not be liable. We cannot and do not guarantee that Your Personal Information will not be accessed, disclosed, altered, or destroyed by or in connection with a breach or failure of any physical, technical, or managerial safeguard. In addition, You are responsible for taking Your own security measures, as we cannot enforce or control the security of Your network, electronic devices, communication methods, or means of storage.
7. CONSENT. To the extent that consent is required by applicable law, by providing Personal Information to Us and accessing or using Our Services, You expressly consent to the use, collection, processing, and disclosure (domestically and internationally) of Your Personal Information and You hereby waive any confidentiality obligations. You may revoke consent at any time by contacting Us. However, if You choose to do so, We may still use, collect, process, and disclose such information to the extent permitted by law and Your Account may be suspended, terminated, or revoked.
8. ACCESS TO PERSONAL INFORMATION AND RECORDS RETENTION. We will retain Personal Information collected for as long as Your Account remains in active status plus the applicable statutory or regulatory records retention period. Even if Your Account is terminated, we will retain Your records as long as necessary to comply with pending or active litigation, or if a court of law so orders. You should retain Your own records securely and privately, in the event that We are unable to store Your records, or if Your records are breached, compromised, or otherwise unavailable.
9. OTHER WEBSITES AND SERVICES. This Policy only applies to PropSwap. You agree that We do not control nor are We responsible for any information collected by or provided to other companies or persons other than Us. You should review and understand any and all privacy policies posted on any websites linked with Our Services before accessing or using those websites or providing any Personal Information to them.
10. MISCELLANEOUS.
a. Sales of Personal Information. PropSwap has not sold any Personal Information in the last Twelve (12) months from the date Last Updated. However, We reserve the right to sell Your Personal Information at any point in the future unless You contact Us and explicitly request otherwise.
b. Access to Specific Information and Data Portability Rights. You have the right to request that PropSwap disclose certain information to You about Our collection and use of Your Personal Information over the past Twelve (12) months. Once We receive and confirm Your verifiable consumer request, We will disclose to You the following (if requested):
i. The categories of Personal Information collected.
ii. The categories of sources for the Personal Information collected.
iii. Whether or not We sold or disclosed Your Personal Information for a business or commercial purpose.
iv. Our business and/or commercial purposes for collecting or disclosing that Personal Information.
v. The categories of third parties with whom We shared that Personal Information.
vi. The specific Personal Information We collected about You.
c. Your Right to Request Deletion. You have the right to request that PropSwap delete any of Your Personal Information collected and retained, subject to certain exceptions. Once we receive and confirm Your verifiable consumer request, we will delete from Our Records and/or request Our business partners, affiliates, and other third parties to delete Your Personal Information, unless an exception applies. Please note that due to applicable laws and regulations, You may be unable to use Our Services if Your Personal Information is deleted. Your Request may be denied if we need the Personal Information to:
i. Complete a Transaction or proceed with a legitimate business purpose.
ii. Investigate Prohibited Conduct or protect against malicious, deceptive, fraudulent, or illegal activity and/or to prosecute You or those responsible for such activity.
iii. Identify errors, bugs, inefficiencies, or mistakes concerning Our Services.
iv. To ensure other consumers or Us may exercise certain legal rights.
v. Comply with a legal or regulatory obligation.
vi. Any other reasonable or legitimate basis for denial.
d. Other Legal Rights. You may have other legal rights under the laws applicable to Our collection and use of Your Personal Information. It is ultimately Your responsibility to know and understand Your rights, and We are under no obligation to inform You of such rights. Please contact Us with requests to exercise Your rights, and we will honor requests in accordance with applicable law.
11. CHANGES TO THIS POLICY. We may revise this Policy from time to time at Our sole and exclusive discretion, with or without notice. It is Your responsible to review this Policy periodically. Your continued access and use of the Services is sufficient to consent to any changes that We make to this Policy.
12. CONTACT PROPSWAP. If You would like to report a violation of this Policy, exercise Your rights, have questions or concerns pursuant to this Policy, or if You have any additional requests, please feel free to contact Us. Include Your Account Information and other information sufficient to identify You so that We may verify that You are the Person about whom We collected the Personal Information. If We are unable to verify You or Your identity or authority to make certain requests, we may be unable to comply with Your request. Notably, Your successful login into Your Account is sufficient to verify Your identity and authority. We may deliver Our response to You by Mail or Email, as per Your request.
PropSwap, Inc.
919 N. Market Street, Suite 950
Wilmington, DE 19801