Privacy

SWAGG™ Privacy Policy

This Privacy Policy describes our policies and procedures on the collection, use and disclosure of your information on our website at www.swagg.com (the "Website") and through SWAGG™. When using SWAGG you agree to this Privacy Policy. The Website and SWAGG are provided by Outlier, Inc., a corporation headquartered in Georgia ("we", "us", and "our").

1.Data We Collect

a.Registration and Set-Up

When you register for SWAGG we will collect your first name, last name, email, zip code, and password. We collect this information to establish your account with us and in an effort to verify your identity. You also may voluntarily include additional profile information after you register for SWAGG to personalize the service. Examples of additional information you may supply include date of birth, gender, marital status, income range, occupation, content and offer preferences and other information.

b.Use of SWAGG

We collect information about the gift cards, loyalty accounts, and rewards accounts that you enter, purchase, send, receive, and/or use through SWAGG. Such information includes the name of the merchant providing the gift card or account, the name on the account, the initial value of the gift card or account, and the outstanding value of the gift card or account. We collect this information in order to enable you to manage your accounts and us to manage our systems. We do not, however, collect what products or services you purchase with your gift cards, loyalty accounts, or rewards accounts. If you purchase a gift card through SWAGG (either for yourself, or for someone else), we also collect billing information (e.g., credit card number and related verification information) necessary to complete the transaction. In each such instance, you will know what data we collect through the site, because you actively submit it.

We may offer you the ability to recommend SWAGG to your friends or provide gift cards to your friends. If you use such features, we will collect the contact information of your friend(s) in order to fulfill your request.

We will collect information about how you use the Website and SWAGG such as (i) the services that you access through the Website and SWAGG, (ii) the frequency and duration of use and, (iii) the features of SWAGG that you use. We will also collect information about the links and/or advertisements on the Website or through SWAGG that you click.

c.Our Website

2.While you visit the Website, our servers record the information your browser would typically send while you view any website such as your IP address, browser type, operating system, time of your request, and other information about how you navigate the Website. We will also collect information about the links and/or advertisements on the Website that you click. We use this information to operate and administer our site, monitor the technical functioning of the Website, and improve the Website and SWAGG.

a.Your Location

We may offer you the option to share your location with us to better enable us to provide relevant offers, gifts or loyalty information to you and information regarding nearby merchants. You will know if we are collecting your location because we will ask you to share that information with us before we collect it. If you opt to use the feature that requires collecting your location, we will collect that information periodically from your browser or your device that you use to access SWAGG. To show your location on a map, we will request a map from a third party (e.g., Google) of your latitude/longitude coordinates, but we will not share your name or any other personally identifying information. To stop providing use of your location information, you must change the location settings on your wireless or other access device or stop using the features that require collection of your location information.

b.Information You Submit

If you voluntarily submit information to us - for example, if you participate in a survey, provide us feedback, or respond to our request for information - we will collect the information you submit. In each such instance, you will know what data we collect, because you actively submit it. We will use the data you voluntarily submit to us for the purposes we describe in this Privacy Policy, as well as any purposes that we describe to you when we collect such information.

c.Cookies

Like most websites, we use cookies and web log files to track site usage and trends, to improve the quality of our service, to customize your experience on the Website, as well as to deliver third-party advertising to users both on and off the Website. A cookie is a string of information that a website stores on a visitor's computer, and that the visitor's browser provides to the website each time the visitor returns. We use cookies on the Website to help us identify and track visitors, their usage of the Website, and their website access preferences. Cookies do not provide us with any personally-identifying information. However, if you provide us with personally-identifying information through SWAGG or elsewhere, such personally-identifying information may be linked to the data stored in the Cookie. We may use Cookies to personalize your experience at the Website (e.g. to recognize you by name when you return to our site or to remember at your request the user names and/or passwords for certain user accounts). We may further use cookies to create personalized offers for products and/or services. Visitors who do not wish to have cookies placed on their computers should set their browsers to refuse cookies before using the Website, with the drawback that certain features of the Website may not function properly without the aid of cookies.

3.Cross-Border Transfer.

The information we collect is stored and processed on servers in the United States and other locations around the world. By using SWAGG you consent to the transfer of the information described in this Privacy Policy to locations that may be outside of the country in which you live, and such places may be in the United States, within one or more European countries, and/or in one or more countries within Asia. If you choose to access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. If any provision within this Privacy Policy and Terms of Service is held to be invalid or unenforceable, such provision shall be struck and all remaining provisions shall be enforced.

4.Uses of Data

In addition to the other uses of your information described in this Privacy Policy, we may use and process the data we collect for the following general purposes:

a.To provide, protect, and improve SWAGG, the Website and our systems, including providing balance information, customized recommendations, offers, or coupons;

b.To respond to requests that you may send us such as your request for information, or your request to subscribe to a service we offer;

c.To develop new products and services, and other internal business purposes;

d.To protect our rights and the rights of our users;

e.To inform you about our products and services as well as third-party products and services in which we think you may be interested; and

f.Any other use we describe at the point where we collect the data.

To the extent permitted by applicable law, we reserve the right to combine the various types of data that we collect and to combine the data that we collect with data that we obtain from third parties or other sources. We may use the combined data for any of the purposes described in this Privacy Policy.

By providing your cell phone and/or telephone number to us, you agree that such action constitutes an inquiry, application and/or purchase for purposes of telemarketing laws. Regardless of the fact that your cell phone and/or telephone number may be listed with the Federal Do-Not-Call Registry, or your local State Do-Not-Call list, you expressly consent to receive future information about products and services offered by us via telephone and Short Message Service (sms) or Multi-Media Service (mms) text messaging campaigns, unless you subsequently ask us not to do so.

5.Data Sharing

a.Aggregated/Anonymous Data

We may share anonymous and/or aggregated data that does not personally identify you with our customers and business partners (and prospective customers and business partners), other third parties, the press, and the public for any of the purposes indicated in this Privacy Policy, including in the "Use of Data" section. For example, we may share anonymous and/or aggregated data with our business partners or affiliates to provide you more personalized recommendations and to make the advertisements you ordinarily see on the Website or through SWAGG more relevant to you. While we do not share your personally identifiable information with business partners or affiliates unless you have granted us permission, our business partners or affiliates may use cookies or web beacons in association with their ads or recommendations. We may also share non-personally identifying, aggregated data such as the number of our subscribers in a particular region, the frequency of use of our service in a particular area, or recent topics or areas of interest.

b.Personally Identifiable Information

We do not share your personally identifiable information with others, except as follows: We may share your information with agents, service providers, vendors, contractors, or affiliates who process the data only on our behalf for the purposes set forth in this Privacy Policy and under terms of confidentiality. We may also share your information as required by law or in the interest of protecting or exercising our or others' legal rights, e.g., without limitation, in connection with requests from law enforcement officials and in connection with court proceedings. We may share or transfer your information in connection with a prospective or actual sale, merger, transfer or other reorganization of all or parts of our business. Finally, we may also share your personal information where you have granted us permission.

c.Other Disclosures to Third-Parties

Other than as set forth above, and what you chose to share using SWAGG, we do not otherwise share information with third-parties unless you have specifically given us permission.

6.Forums and Blogs

Our Website and/or SWAGG may provide a forum, blog, or other interactive feature that allows you to disclose information directly to others. Your participation in such interactive features is completely voluntary and we assume no obligations or responsibility with respect to the information you provide or share through such interactive features. To participate in these interactive features, we may require you to register with us and provide certain information such as your name, email address, location, phone number, and desired display name (which may be viewable by others). We or our service providers acting on our behalf may use the information you provide during the registration process for analytical and development purposes (such as to make product or service enhancements) and to enable you to use the interactive features and to manage your account. You may also be able to personalize our interactive features by voluntarily providing additional information such as your location, instant message contact information, website address, occupation, and other information. Our interactive features may also allow you to upload an avatar or other graphical representation of yourself. If you voluntarily provide such additional information, it may be viewable by others - so you should not provide information you do not want others to see.

7.Links

The Website and SWAGG may include links to third party websites that we do not own or operate ("Third Party Sites"). Third Party Sites and the data that they collect and that you provide them are governed by the privacy policies of such Third Party Sites and not this Policy.

8.Opt Out

If you do not want us to collect, use, and share the information we describe in this Policy, please discontinue your use of the Website and SWAGG and uninstall all of our software from your computer(s) or device(s). You may also unsubscribe from our services by terminating your account through the Website or by sending us an email to support@swagg.com. For more information about deleting your data, see the Section "Data Delete", below.

At times we may ask you whether you object to our specified data use or sharing, such as in connection with promotions or surveys. If you opt-out under such circumstances, we will respect your decision. To opt-out of receiving marketing from us or from our sharing of your information within the Qualcomm group of companies for marketing purposes, please contact us at support@swagg.com. Please note that our affiliates and other data recipients have their own data privacy policies, which may differ from ours and you must contact them separately with respect to opt-out requests.

We reserve the right to communicate electronically with subscribers, whether or not you have opted out, to notify you about service or product affecting changes, respond to your email inquiry, confirm transactions, orders, payments and registrations placed online, send information that you have requested, notify you of updates to terms and conditions of service, make inquires regarding your account, and provide emergency, security and account maintenance information.

9.Access & Correction

If personal information you have submitted through the Website or SWAGG is no longer accurate, current, or complete, please update it by using the User Profile feature. To access your recent activities with SWAGG, use the User Profile feature of SWAGG. If you would like to access other personal information we have associated with your account, please contact us using the Feedback form on the Website or by sending us an email to support@swagg.com. Upon appropriate request we will provide you a copy and/or description of any personal information we hold about you within a reasonable time and we will correct or delete it upon your request. For more information about deleting your data, see the Section "Data Delete", below.

10.Data Delete

If you would like us to delete information we have about you, contact us at support@swagg.com, and we will remove information about you on the Website or SWAGG within a reasonable time, but we may retain information about you in our non-public databases for a reasonable period of time to support our operational requirements (for example, reconciling your activities with the service). Notwithstanding the foregoing, there may be circumstances where we are legally required to retain the information we collect about you (for example, in connection with court proceedings) and despite your request for us to delete your information, we will retain information we are legally required to retain. Moreover, we reserve the right to anonymize the information so that it is no longer associated with you rather than deleting it. We also reserve the right to use previously obtained information to verify your identity or take other actions that we believe are appropriate.

11.Security

Transmissions over the Internet are never 100% secure or error-free. However, as set forth in the End User License Agreement, we take reasonable steps to protect your personal information from loss, misuse, and unauthorized access, disclosure, alteration, and destruction. It is your responsibility to safeguard your username and password for access to SWAGG and to notify us by using the Feedback form within SWAGG if you ever suspect that your username or password has been compromised. You are solely responsible for any unauthorized use of your account with SWAGG conducted via your username and password.

12.Children's Privacy

The Website and SWAGG are intended for adults at least 18-years old, and are not directed to children under 13. When a user discloses personal information through the Website or SWAGG, the user is representing to us that he or she is at least 18-years old. We do not knowingly collect personal information from children under 13. If you become aware that your child has provided us with personal information without your consent, please contact us at support@swagg.com or as set forth in the "Contact Us" section below. If we become aware that a child under 13 has provided us with personal information without parental consent, we will take steps to remove such information and terminate the child's account.

13.Changes

We may change this Privacy Policy from time to time and in our sole discretion. If we materially change this Privacy Policy with respect to your personal information, we will provide appropriate online notice to you and give you a choice with respect to the change. When we make changes to this Privacy Policy, we will alert you that changes have been made by indicating on the Privacy Policy the date it was last updated. When you visit the Website or use SWAGG, you are accepting the current version of this Privacy Policy as posted on the Website and through SWAGG at that time. We recommend that users revisit this Privacy Policy on occasion to learn of any changes.

14.Contact Us

Please feel free to contact us with any comments, questions or suggestions you might have regarding the information practices described in this statement. You may contact us at support@swagg.com, using the Feedback form within the Website, or write to us at:

Outlier, Inc.
Attn. Corporate Legal
3333 Piedmont Road
Suite 300
Atlanta, GA 30305

SWAGG, Deal With It, and the SWAGG logo are trademarks of Outlier, Inc. All other marks are owned by their respective owners.

Effective Date: November 17, 2010