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Swap My Games - Privacy Policy

SwapMyGames.com, Inc. ("SwapMyGames") recognizes that its customers, visitors, users, members and others who use www.SwapMyGames.com or other web sites owned or operated by SwapMyGames ("SwapMyGames Services") (collectively or individually "Users") value their privacy. This Privacy Policy details important information regarding the use and disclosure of User information collected on SwapMyGames Services. SwapMyGames provides this Privacy Policy to help you make an informed decision about whether to use or continue using SwapMyGames Services.
This Privacy Policy is incorporated into and is subject to the SwapMyGames Terms of Use. Your use of SwapMyGames Services and any personal information you provide on SwapMyGames Services remains subject to the terms of this Privacy Policy and our Terms of Use.
Please note that any image, comment or other content posted at the direction of Users onto the Site becomes published content and is not considered personally identifiable information subject to this Privacy Policy.

SwapMyGames Collects The Following Information:
1. User Provided Information : You provide certain personally identifiable information (such as your name and email address) to SwapMyGames when choosing to participate in various activities on SwapMyGames Services such as posting comments for the items in your "have list", messages in our forums, entering contests or sweepstakes, taking advantage of promotions, responding to surveys, or subscribing to newsletters or other mailing lists.
2. Cookies Information : When you visit SwapMyGames Services, we may send one or more cookies - a small text file containing a string of alphanumeric characters - to your computer that uniquely identifies your visit. SwapMyGames uses both session cookies and persistent cookies (persistent cookie remains after you close your browser). Persistent cookies may be used by your browser on subsequent visits to the site. Persistent cookies can be removed by following your web browser help file directions. A session cookie is temporary and disappears after you close your browser. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, some features of the SwapMyGames Sites may not function properly if the ability to accept cookies is disabled.
3. Log File Information : When you use SwapMyGames Services, our servers automatically record certain information that your web browser sends whenever you visit any web site. These server logs may include information such as your web request, Internet Protocol("IP") address, browser type, browser language referring / exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time of your request, and one or more cookies that may uniquely identify your browser.
4. Clear GIFs Information : When you use SwapMyGames Services, we may employ "clear GIFs" (a.k.a.Web Beacons) which are used to track the online usage patterns of our Users anonymously (i.e., in a non-personally-identifiable manner). In addition, we may also use clear GIFs in HTML-based emails sent to our users to track which emails are opened by recipients.

SwapMyGames Uses Information In The Following Way:
  1. If you submit personally identifiable information to us through SwapMyGames Services, then we use your personal information to operate, maintain, and provide to you the features and functionality of SwapMyGames Services.
  2. Any personal information or content that you voluntarily disclose online (via discussion boards, in messages, areas, within any public profile page, etc.) becomes publicly available and can be collected and used by others. Your account name (not your email address) is displayed to other Users when you upload comments or send messages through SwapMyGames Services and other Users can contact you through messages and comments.
  3. We do not use your email address or other personally identifiable information to send commercial or marketing messages without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out. We may, however, use your email address without further consent for non-marketing or administrative purposes (such as notifying you of major SwapMyGames Services changes or for customer service purposes).
  4. We use both your personally identifiable information and certain non-personally-identifiable information (such as anonymous User usage data, cookies, IP addresses, browser type,click stream data, etc.) to improve the quality and design of SwapMyGames Services and to create new features, promotions, functionality, and services by storing, tracking, and analyzing User preferences and trends.
  5. We use cookies, clear gifs,and log file information to: (a) remember information so that you will not have to re-enter it during your visit or the next time you visit SwapMyGames Services; (b) provide custom, personalized content and information; (c) monitor the effectiveness of our marketing campaigns; (d) monitor aggregate metrics such as total number of visitors, pages viewed, etc.; and (e) track your entries, submissions, and status in promotions, sweepstakes, and contests.
SwapMyGames Only Discloses Information When:
  1. We provide personally identifiable information and non-personally-identifiable information to our subsidiaries, affiliated companies, or other businesses or persons for the purpose of processing such information on our behalf. We require that these parties agree to process such information in compliance with our Privacy Policy, and we use reasonable efforts to limit their use of such information and to use other appropriate confidentiality and security measures.
  2. We do not share your personally identifiable information (such as name or email address) with other, third-party companies for their commercial or marketing use without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out.
  3. We do share non-personally-identifiable information (such as anonymous User usage data, referring / exit pages and URLs, platform types, number of clicks, etc.) with interested third-parties to assist them in understanding the usage patterns for certain content, services, advertisements, promotions, and/or functionality on SwapMyGames Services.
  4. We may release personally identifiable information and/or non-personally-identifiable information if required to do so by law, or in the good-faith belief that such action is necessary to comply with state and federal laws (such as Canadian Copyright Laws) or respond to a court order, subpoena, or search warrant.
  5. SwapMyGames also reserves the right to disclose personally identifiable information and/or non-personally-identifiable information that SwapMyGames believes, in good faith, is appropriate or necessary to enforce our Terms of Use, take precautions against liability, to investigate and defend itself against any third-party claims or allegations, to assist government enforcement agencies, to protect the security or integrity of our web site, and to protect the rights, property, or personal safety of SwapMyGames, our Users or others.

User Options:
You may, of course, decline to submit personally identifiable information through SwapMyGames Services, in which case SwapMyGames may not be able to provide certain services to you. You may update or correct your personal profile information and email preferences at any time by visiting your account profile page. Please note that media files uploaded by Users to SwapMyGames Services cannot be removed and remain subject to our Terms of Use.
To protect your privacy and security, we take reasonable steps (such as requesting a unique password) to verify your identity before granting you profile access or making corrections. You are responsible for maintaining the secrecy of your unique password and account information at all times. We recommend that you periodically update your password for your own security.

Please contact SwapMyGames with any questions or comments about this Privacy Policy, your personal information, your consent, or your opt-in or opt-out choices by submitting you request through the use of form at contact us page.

Linking Agreements with Other Sites Including Third-party Advertisers:
SwapMyGames allows other companies, called third-party ad servers or ad networks, to serve advertisements within SwapMyGames Services. These third-party ad servers or ad networks use technology to send, directly to your browser, the advertisements and links that appear on SwapMyGames Services. They automatically receive your IP address when this happens. They may also use other technologies (such as cookies, JavaScript, or Web Beacons) to measure the effectiveness of their advertisements and to personalize the advertising content you see.

SwapMyGames does not provide any personally identifiable information to these third-party ad servers or ad networks without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out. However, please note that if an advertiser asks SwapMyGames to show an advertisement to a certain audience (for example, women ages 18-24) or audience segment (for example, women ages 18-34 who have viewed certain categories of content) and you respond to that advertisement, the advertiser or ad-server may conclude that you fit the description of the audience they are trying to reach. The advertiser may also use information regarding your use of SwapMyGames Services, such as the number of times you viewed an ad (but not any personally identifiable information), to determine which ads to deliver to you.
You should consult the respective privacy policies of these third-party ad servers or ad networks for more information on their practices and for instructions on how to opt-out of certain practices. SwapMyGames's Privacy Policy does not apply to, and we cannot control the activities of, such other advertisers or web sites.

SwapMyGames's Commitment to Security of Data:
SwapMyGames uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information you transmit to SwapMyGames and you do so at your own risk. Once we receive your transmission of information, SwapMyGames makes commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.

If SwapMyGames learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. SwapMyGames may post a notice on SwapMyGames 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 (or to withdraw your consent from receiving electronic notice) you should notify us by submitting you request through the use of form at contact us page .
SwapMyGames's Commitment to Privacy of Children:
Protecting the privacy of young children is very important to us. For that reason, SwapMyGames does not knowingly collect or maintain personally identifiable information or non-personally-identifiable information on SwapMyGames Services from persons under 18 years of age, use of SwapMyGames services is directed to persons of age 18+. If you are under 18 years of age, then please introduce the SwapMyGames Services to your parent or guardian and ask them to trade your video games for you. If SwapMyGames learns that personally identifiable information of persons under 18 years of age has been collected on the SwapMyGames Sites without verified parental consent, then SwapMyGames will take the appropriate steps to delete this information.

International Users:
SwapMyGames Services are hosted in the United States and are intended for and directed to Users in the United States, Canada, Germany, United Kingdom and many others. If you are a User accessing SwapMyGames Services from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from Canadian laws, please be advised that through your continued use of SwapMyGames Services, which are governed by Canadian law, this Privacy Policy, and our Terms of Use, you are transferring your personal information to Canada and you consent to that transfer.

In the Event of Sale, Merger, Acquisition, or Bankruptcy:
In the event that SwapMyGames is acquired by or merged with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from our Users as part of such merger, acquisition, sale, or other change of control. In the unlikely event of our bankruptcy, insolvency, reorganization, receiver ship, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors' rights generally, we may not be able to control how your personal information is treated, transferred, or used.

Alterations and Updates to this Privacy Policy:
This Privacy Policy may be revised periodically and this will be reflected by the "effective date" below. Please revisit this page to stay aware of any changes. In general, we only use your personal information in the manner described in the Privacy Policy in effect when we received the personal information you provided. Your continued use of SwapMyGames Services constitutes your agreement to this Privacy Policy and any future revisions.
For revisions to this Privacy Policy that may be materially less restrictive on our use or disclosure of the personal information you have already provided to us, we will attempt to obtain your consent before implementing such revisions with respect to such information.

Date Last Modified:
This Privacy Policy was last modified and is effective as of June 28, 2009.

Contact Information:
Please contact SwapMyGames with any questions or comments about this Privacy Policy by submitting the form at contact us page.