This Policy is effective as of April 29, 2016.
SWI-DE, LLC d/b/a Drew Estate (“Company,” “our,” “We,” or “Drew Estate”) respect your privacy and are committed to protecting it through our compliance with this Policy. This Policy describes:
- The types of information We may collect when you register with, access, or use the Drew Diplomat Program application (the “App“). This includes personally identifiable information (“PII”) that could potentially identify you such as, but not limited to, your name, email address, telephone number, date of birth, gender personal photographs, mobile phone camera and photo album, geographic location, mobile phone contacts, info accessed via the mobile phone microphone, Facebook profile, Twitter profile, and mailing address.
- Our Company practices for collecting, using, maintaining, protecting and disclosing that information.
This Policy applies only to information We collect in or through the App, and/or via e-mail or other electronic communications sent through or in connection with the App.
This Policy DOES NOT apply to information that:
- We collect offline or on or through any other Company apps or websites, including websites you may access through the App.
- You provide to or is collected by any third-party.
Our other websites and apps, as well as any third parties, may have their own privacy policies. We encourage you to read those policies before providing any information on or through them.
Please read this Policy carefully to understand our policies and practices regarding your information and how We will treat it. If you do not agree with our policies and practices, do not download, register with, or use the App. By downloading, registering with, or using the App, you agree to the terms of this Policy and that the Company may collect, use and/or share information in accordance with this Policy.
When using the App, standard data and other fees may be charged by your mobile phone carrier, so please be aware of them.
Age Verification 21/Children’s Privacy
The App is not intended for, directed at, nor marketed to, individuals under 21 years of age (including children under the age of 13 in accordance with the Children’s Online Privacy Protection Act (COPPA)). We do not knowingly collect PII from anyone under the age of 21. If We learn We have collected or received PII from anyone under the age of 21 without verification of age, We will delete that information. If We learn We have collected or received PII from anyone under the age of 13, We will delete that information immediately. While We do not knowingly collect any PII from minors, even if such information were accidently collected, it would not be knowingly used to market or advertise certain products or services deemed harmful to children. We also will not knowingly disclose any minor’s PII if We have actual knowledge that the minor’s PII will be used for the purpose of marketing or advertising certain products or services deemed harmful to children. If you believe We might have any information from or about someone under 21, please contact the Company at email@example.com.
Information We Collect and How We Collect It
We collect information from and about users of the App:
- Directly from you when you provide it to the Company.
- Automatically when you use the App.
Information You Provide to the Company.
When you download, register with, or use the App, We may ask you to provide information:
- That includes PII such as name, postal address, e-mail address, telephone number, gender, shirt size, and brand selections (including cigar retailer locations).
This PII may be collected through, without limitation:
- Information that you provide by filling in forms in the App, such as information you provide at the time of registering to use the App, subscribing to Company service(s), posting material, and requesting further services. We may also ask you for information when you enter a contest or promotion sponsored by the Company, and/or when you report a problem with the App.
- Records and copies of your correspondence (including e-mail addresses and phone numbers), if you contact the Company.
- Your responses to surveys that We might ask you to complete for research purposes.
- Details of transactions you carry out through the App and the fulfillment of your orders.
- Your search queries on the App.
- Your location at various cigar shops and events as you check-in.
You may provide information to be published or displayed (“Posted”) on public areas of websites you access through the App (collectively, “User Contributions”). Your User Contributions are Posted and transmitted to others at your own risk. Although you may set certain privacy settings for such information by logging into your App account profile, please be aware that no security measures are perfect or impenetrable. Additionally, We cannot control the actions of third parties with whom you may choose to share your User Contributions. Therefore, We cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.
Automatic Information Collection and Tracking.
When you download, access, and use the App, it may use technology to automatically collect:
- Usage Details. When you access and use the App, We may automatically collect certain details of your access to and use of the App, including traffic data, logs and other communication data and the resources that you access and use on or through the App.
- Device Information. We may collect information about your mobile device and internet connection, including the device’s unique device identifier, IP address, operating system, browser type, mobile network information, and the device’s telephone number. This information will not be accessed without your specific consent at the time the App first attempts to access such information (slight variations may exist between Apple and Android platforms as to when consent is requested).
- Stored Information and Files. The App also may access metadata and other information associated with other files stored on your device. This may include, for example, photographs, exact geo coordinates, audio and video clips, personal contacts and address book information. This information will not be accessed without your specific consent at the time the App first attempts to access such information.
- Location Information. The App collects real-time information about the location of your device. This information will not be accessed without your specific consent at the time the App first attempts to access such information (slight variations may exist between Apple and Android platforms as to when consent is requested).
If you do not want the Company to collect any of this information, do not download the App or delete it from your device. Note, however, that opting out of the App’s collection of location information will cause its location-based features to be disabled.
We also may use these technologies to collect information about your likes and interests over time and across third-party websites, apps or other online services (behavioral tracking). If you don’t want to be tracked, then you should delete the App.
Information Collection And Tracking Technologies.
The technologies We use for automatic information collection may include:
- Cookies (or mobile cookies). A cookie is a small file placed on your smartphone. It may be possible to refuse to accept mobile cookies by activating the appropriate setting on your smartphone. However, if you select this setting, you may be unable to access certain parts or features of the App.
- Web Beacons. Pages of the App and our related e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an e-mail and for other related App statistics (for example, recording the popularity of certain App content and verifying system and server integrity).
Response to “Do Not Track” Requests/Signals
We currently ignore “do not track” requests. If you do not want to be tracked, you must delete the App from your Device.
Third-party Information Collection
When you use the App or its content, certain third parties may use automatic information collection technologies to collect information about you or your device. These third parties may include:
- Google Analytics (https://www.google.com/policies/privacy/). Google Analytics collects non-PII about you when you use the App so that Company can learn more about user usage trends and statistics (e.g., the frequency an App page is visited).
- IO (http://carnival.io/privacy-policy.html). Carnival.IO collects your unique phone ID so that Company can send you push notifications and review App analytical data (e.g., App usage).
These third parties may use tracking technologies to collect information about you when you use the App. The collection is generally done for the Company’s use and benefit. These third parties likely have their own “do not track” policies which may or may not be consistent with Company’s policy stated herein.
How We Use Your Information
We use information that We collect about you or that is collected on the Company’s behalf, including any PII, to:
- Provide you with the App and its contents, and any other information, products or services that you request from the Company.
- Fulfill any other purpose related to the reason you provided the information, including but not limited to, responding to your questions or inquiries.
- Give you notices about your Drew Diplomats Program account status and subscription, including expiration and renewal notices.
- Carry out Company obligations and enforce our rights arising from any contracts entered into between you and the Company, including for billing and collection.
- Notify you when App updates are available and of changes to any products or services We offer or provide through the App.
- Improve the App and related content.
- Perform internal operations, including but not limited to, fraud and abuse prevention, troubleshoot software or technical issues, conduct data analysis, and monitor usage trends.
- Provide you notice of Drew Estate events and news.
The App usage information We collect helps us to improve the App and to deliver a better and more personalized experience by enabling us to:
- Estimate our audience size and usage patterns.
- Store information about your preferences, allowing us to customize the App according to your individual interests.
- Speed up your searches.
- Recognize you when you use the App.
We use location information We collect as part of the Drew Diplomat program. You can disable this function by not opting in or changing the settings on your account profile.
We may also use your collected information to contact you about Company provided and third parties’ goods and services that may be of interest to you. If you do not want us to use your information in this way, please check the relevant box located on the form on which We collect your data (the registration form) or adjust your user preferences in your account profile.
Disclosure of Your Information
We may disclose aggregated information about App users and information that does not identify any individual or device in order to promote the program and related Drew Estate products.
In addition, We may disclose PII that We collect:
- To our subsidiaries and affiliates so that they can you send you marketing, offers, and promotions.
- To necessary contractors, service providers and other third parties We use to support our App and related business and who are bound by contractual obligations to keep PII confidential and secured and use it only for the purposes for which We disclose it to them. More specifically, the contractual obligations include making sure that shared PII is secured in manner consistent with this Policy that includes implementation and maintenance of reasonable security practices and procedures that are appropriate to the nature of the PII in order to protect the PII from unauthorized disclosure, modification, use, destruction, and/or access.
- To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of Drew Estate’s assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which PII held by Drew Estate about our App users is among the assets transferred.
- To comply with any court order, law or legal process, including to respond to any government or regulatory request.
- To enforce Company rights arising from any contracts entered into between you and the Company, including the App End User License Agreement and the App Terms and Conditions.
- If We believe disclosure is necessary or appropriate to protect the rights, property, or safety of Drew Estate, our customers, or others.
The Company uses ZenDesk (https://www.zendesk.com/company/privacy) as a customer service vendor to assist with responding to and tracking customer service requests and other communications to the Company. Company will share PII such as names, email addresses, and mobile device types and operating systems/versions with ZenDesk in order to better assist Company with responding to your requests.
The Company uses Mail Chimp (http://mailchimp.com/legal/privacy/) as an email marketing service. As such, Company will share PII such as your name, email address, date of birth, and mailing address with Mail Chimp to accomplish such marketing services.
The App may integrate with other social media services or sharing features which may allow you to share content or actions you take through the App with other websites, apps, or other online locations. This sharing may be public depending on your privacy settings with these services. Please review the applicable privacy policies to make sure you are comfortable with the level of sharing. It could be much different than how content and actions are shared internally within the App. Other than what is referenced above, the PII collected from you is not sold or shared with any other person or entity.
Your Choices about the Company’s Collection, Use, and Disclosure of Your Information
We strive to provide you with choices regarding the PII you provide to the Company. This section describes mechanisms We provide for you to control certain uses and disclosures of your information.
- Location Information. You can choose whether or not to allow the App to collect and use real-time information about your device’s location through the device’s privacy settings. If you block the use of location information, some parts of the App may then be inaccessible or not function properly.
- Promotion by the Company. If you do not want the Company to use your e-mail address or contact information to promote Company or third party products or services to you, you can opt-out by communicating via email such request to firstname.lastname@example.org or by following the opt-out instructions at the bottom of any Company emails you receive. You can also always opt-out by logging into the App and adjusting your user preferences in your account profile by checking or unchecking the relevant boxes or by sending us an e-mail message stating your request.
Accessing and Correcting Your Personal Information
You can review and change the PII We collected about you by logging into the App and visiting your account profile page.
You will not be able to delete your User Contributions from the App. Please note that copies of your User Contributions may remain viewable in cached and archived pages, or might have been copied, stored and/or shared by other App users. Proper access and use of information provided on the App, including User Contributions, is governed by our App End User License Agreement and Terms and Conditions, both of which are incorporated by reference into this Policy (www.drewdiplomat.com/EULA and www.drewdiplomat.com/terms).
Please note that the Company reserves the right to maintain proper business records as required by law, or for otherwise legitimate business purposes to the extent permitted by law, even if such contain your PII.
The Company does not knowingly collect any information from minors, nor is the App directed at or intended for minors. If a minor uploads/posts information to or through the App that is publically available, and the minor subsequently wants that same information deleted, the minor has a right to request that said information be removed from public viewing. A minor can make such request via email at email@example.com. Please note that any removal of content by the Company does not ensure or guarantee complete or comprehensive removal of the content in all places. The content may have been shared or reposted by other parties, or federal or state law may require maintenance of the content or information.
Your California Privacy Rights
California Civil Code Section 1798.83 permits users of the App that are California residents to request certain information regarding the Company’s disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an e-mail to firstname.lastname@example.org. Currently, Company does not share PII with third parties for direct marketing purposes.
We have implemented, use, and maintain industry standard technological security measures that are reasonably designed and intended to secure your PII from accidental loss and from unauthorized access, use, alteration and disclosure in both storage and in transmission. All information you provide to the Company is stored on secure servers behind firewalls. Any payment transactions will be encrypted using SSL technology.
The safety and security of your information also depends on you. Where We have given you (or where you have chosen) a password for access to certain parts of the App, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the App like message boards. The information you share in public areas may be viewed by any user of the App.
Unfortunately, the transmission of information via the internet and mobile platforms is not completely secure. Although We do our best to protect your PII, We cannot and do not guarantee the security of your PII transmitted through the App. Any transmission of PII is at your own risk. We are not responsible for the circumvention of any privacy settings or security measures We provide.
We retain collected information for a reasonable amount of time in order to fulfill the stated purpose for why the information was collected. We will also retain collected information connected to business records for periods of time required by law. If the Company determines that collected information is no longer needed, it will delete such information. The Company’s collection times will be consistent with applicable law.
Changes to This Policy
The date this Policy was last revised is identified at the top of this Policy. You are responsible for ensuring We have an up-to-date active and deliverable e-mail address and/or phone number for you and for periodically visiting this Policy to check for any changes. Except as otherwise noted, your continued use of the App after We make Policy changes is deemed to be your acceptance of those changes, so please check this Policy periodically for updates.
Any other changes to this Policy will be posted here for a period of 30 days and will be effective when posted:
The App is meant for individuals within the United States. The Company only knowingly collects information from individuals within the United States. If you provide information to the Company from outside of the United States, you do so at your own risk. If you are outside of the United States, you are responsible for complying with any local laws regarding use of the App and related data collection. You also agree and acknowledge that by providing any information, including PII, through the App, that such information will be transmitted to, and stored in, the United States.
The App may contain links to external sites or locations, including those embedded in third party advertisements or sponsor information, which are not controlled by the Company. The Company is not responsible for the privacy practices and data collection policies for such third party sites or locations. You should consult the privacy policies of those sites or locations for details.
If you have questions or comments about this Policy and/or our privacy practices as they relate to the App, contact us at email@example.com. It is the Company’s policy to strictly enforce this Policy. If you believe there has been a violation of this Policy, please let the Company know.