SWYSH PRIVACY POLICY

Last Modified: 3/1/2016

Welcome, and thank you for using Swysh! This Privacy Policy (or this “Policy”) describes the policies and procedures on the collection, use and disclosure of your information on our services and applications (collectively, our, or the “Services”). The Services are provided by Lychee Labs, LLC (“Lychee Labs,” “us” or “we”) and our website is located at www.lycheelabs.com.

By using the Services, you consent to the collection, transfer, manipulation, storage, disclosure and other uses of your information as described in this Privacy Policy. This Privacy Policy may change from time to time. Your continued use of the Services after we make changes is deemed to be acceptance of those changes, so please check the Privacy Policy periodically for updates.

This Policy is incorporated into and is subject to Swysh’s Terms and Conditions (Available at https://lycheelabs.com/terms) and the End User License Agreement (Available at https://lycheelabs.com/legal). Capitalized terms used but not defined in this Policy have the meaning given to them in Swysh’s Terms and Conditions and End User License Agreement.

What We Collect and Why

We collect and use two basic types of data – personal information and anonymous information.  We may use the personal information and the anonymous information to create a third type of information, aggregate information. Aggregate information could be stored indefinitely and will be used to further improve the app. We collect the following information to help us to provide, improve and protect our Services and operate our business:

User Information.  When you use the Services, you may provide and we may collect and store personally identifiable information, which is information that identifies you personally  (“Personal Information”). Personal Information includes, but is not limited to your email address, IP address, landing page, location data and referring URL, for all users upon installation and use of the Services.  The User Information is deleted 60 days after the support ticket is closed.

Usage.  We collect information from and about the devices you use to access and to interact with the Services, including, but not limited to, your IP address, cookie information, and the device you use. We also collect other usage information, including, without limitation, the number and frequency of visitors to the Services, and the applications, and Content you use when interacting with the Services. We also collect usage data such as, but not limited to, user sensitivity settings, gesture motions and acceleration, music platform and button usage.

These types of information enable us to understand how and how often individuals use parts of the Services, which then allows us to analyze and improve the Services.  

Cookies and Other Technologies.  We use technologies like cookies to provide, improve, protect and promote the Services. For example, cookies are part of what lets us remember your username for the next time you use the Services, understand how you interact with the Services, and improve the Services based on that information Cookies are small data files sent to your web browser when you access a website. Your browser stores cookies in a manner associated with each website you visit. You can set most browsers not accept cookies.

This Privacy Policy covers our use of cookies only and does not cover the use of cookies by third parties. We do not control when or how third parties place cookies on your computer.

Please note that your devices—depending on their settings—may also transmit location information to the Services.

Payment Information. Currently, we do not collect payment account information, such as your valid payment card number, card type, expiration date or other financial information used to pay for Swysh. All Payment Account Information is collected and stored by the third party payment processing companies (the “Payment Processors”). The use and storage of Payment Account Information is governed by the relevant Payment Processors’ applicable terms of service and privacy policy.

How/With Whom We Share Collected Information

Swysh is an app developed by Lychee Labs, LLC.  We will share your collected data, including personal information, with Lychee Labs, LLC and with its technical group for the purpose described in this Privacy Policy.

We may share the information we collect as described below. Otherwise, we will not disclose collected information to third parties without your permission.

Third Party Service Providers.  In the future, we may work with certain third party service providers who help us provide, improve, protect and promote our Services, Content and business. We may disclose your information to our third party service providers, and they may access the information we disclose, only in compliance with this Privacy Policy and for the limited purpose of performing tasks on our behalf.

Sale of Business, Financing.  We may disclose or otherwise transmit your information, including Personal Information, as part of any merger, acquisition, financing, sale of assets, or similar transaction. We may also disclose or otherwise transmit your information, including Personal Information, in the event of an insolvency, bankruptcy, or receivership in which information is transferred to one or more third parties as one of our business assets.  

Disclosures for Our Protection and the Protection of Others.  We may disclose your information to third parties if we believe such disclosure is reasonably necessary to (a) comply with any court order, law (such as U.S. copyright law), or legal process; (b) enforce or apply Swysh’s Terms and Conditions (Available at https://lycheelabs.com/terms) and the End User License Agreement (Available at https://lycheelabs.com/legal) (c) protect any person from death or serious bodily injury; (d) prevent fraud or abuse of the Services, of Lychee Labs, or of our users; or (e) protect Lychee Labs’ property rights or other legal rights.

Your Choices

We strive to provide you with choices regarding the information you provide us. You can always opt not to disclose certain information to us, though you may not be able to take advantage of some of the features in our Services if you do so. You can request that any Personal Information we’ve collected be removed if you believe it is being used in a manner not consistent with what was presented in this Privacy Policy.

If you receive commercial email from us, you may unsubscribe at any time by following the instructions contained within the email. You may also opt-out from receiving commercial email from us, and any other promotional communications that we may send to you from time to time, by sending your request to us by email at support@lycheelabs.com or by writing to us at the address given at the end of this Policy.

Please be aware that if you opt-out of receiving commercial email from us or otherwise modify the nature or frequency of promotional communications you receive from us, it may take up to twenty-three business days for us to process your request, and you may receive promotional communications from us that you have opted-out from during that period. Additionally, even after you opt-out from receiving commercial messages from us, you will continue to receive administrative messages from us regarding the Services.

Please refer to your internet browser’s settings for additional choices you may have about certain information you disclose—for example, with respect to cookie information.

Privacy Settings

Although we may allow you to adjust your privacy settings to limit access to certain personal information, please be aware that no security measures are perfect or impenetrable. We are not responsible for circumvention of any privacy settings or security measures on the Services. We cannot and do not guarantee that your User Content or other information generated on or through the Services will not be viewed by unauthorized persons.

Third Party Services

The Services may contain features provided by third parties or links to third party services or websites. This Privacy Policy only governs information collected on our Services. We are not responsible for the privacy policies and/or practices of these third party services. You are responsible for reading and understanding those third party services’ privacy policies. We encourage you to learn about third parties’ privacy and security policies before providing them with information.

Children Under the Age of 13

You must be at least 13 years old to use Swysh, and if you are under the age of majority in the jurisdiction where you live, you may only use Swysh if your parent or guardian reviews this Privacy Policy on your behalf.

We do not intentionally gather Personal Information about anyone under the age of 13. If a child under the age of 13 submits Personal Information to Swysh and we learn that the Personal Information has been submitted without the consent of a parent or guardian, we will attempt to delete the information as soon as possible. If you believe that we might have any Personal Information from a child under 13, please contact us at support@lycheelabs.com.

Security

We use certain physical, managerial, and technical safeguards that are designed to improve the integrity and security of your personally identifiable information. We cannot, however, ensure or warrant the security of any information you transmit to us or store on the Service, and you do so at your own risk. We also cannot guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.


If we learn of a security breach, we may attempt to notify you electronically so that you can take appropriate protective steps. We may post a notice through the Services if a security breach occurs. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. To receive a free written notice of a security breach you should notify us at support@lycheelabs.com.

California Privacy Rights

California Civil Code Section §§ 1798.83-1798.4 permits users of our Site who are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to support@lycheelabs.com or write us at: P.O Box 1154, Los Altos, CA 94023-1154.

International Visitors

The Services are hosted in the United States. We may transfer your personal information across borders and from your country or jurisdiction to other countries or jurisdictions around the world where we maintain facilities. By using the service, you consent to the transfer of information to the U.S. If you choose to use the Services from the European Union or other regions of the world with laws governing data collection and use that may differ from U.S. law, then please note that you are transferring your personal information outside of those regions to the United States for storage and processing. While we use reasonable safeguards to help keep the information collected secure, we cannot ensure the security of any information you transmit to us.

Changes to this Privacy Policy

We may amend this Privacy Policy from time to time. Please revisit this page periodically to stay aware of any changes to this Privacy Policy. Use of information we collect now is subject to the Privacy Policy in effect at the time such information is used. If we make changes in the way we collect or use information, we may notify you by posting an announcement on the. A user is bound by any changes to the Privacy Policy when he or she uses the Services after such changes have been first posted.

Contact Information

If you have any questions or concerns regarding your privacy while using the Services, please send us a detailed message to support@lycheelabs.com. We will make every effort to resolve your concerns.