ViralSweep Privacy Policy

Updated May 7, 2018 (effective May 25, 2018)

What this policy covers

The ViralSweep Privacy Policy is intended to help you understand how we collect, use, and share information about you. This Privacy Policy covers the information we collect about you when you use our Services through viralsweep.com, app.viralsweep.com, swee.ps, cont.st, infl.co, rfer.al as well as to all our software services, platforms, products, and other services and websites, except where otherwise noted by a separate unique privacy policy. This Privacy Policy covers how we use the information we collect, and the choices you have when it comes to how information is collected, used or updated. It is important to understand that if you do not agree with this Privacy Policy, then you should not use any of the Services that we offer.

When we refer to "ViralSweep", "we", "our", or "us" in this Privacy Policy, we are referring to ViralSweep, LLC, which controls the information ViralSweep collects from you through the use of our Services. ViralSweep provides marketing tools for the web that allow you to create engaging marketing campaigns, such as sweepstakes and contests. We also provide various other services to help businesses run campaigns. We refer to all of these services as "Services" in this policy.

NOTE: IF YOU WERE DIRECTED TO OUR SITE TO PARTICIPATE IN A SWEEPSTAKES, CONTEST, OR OTHER campaign, BE ADVISED THAT ANY INFORMATION YOU PROVIDE TO US WILL BE SUBJECT TO THIS POLICY, AND NOT THAT OF THE THIRD PARTY THAT DIRECTED YOU TO OUR SITE.

This policy is incorporated into our Terms of Service as if fully set forth therein, and describes:

By using our Services, you consent to our collection and use of your information as described in this Privacy Policy.

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Using ViralSweep means you agree to everything on this page.

Privacy FAQ

If you are creating campaigns using our Services:

You own your data: The information you collect via your campaigns is private, and the data is yours. You have full control over the data you collect, and how you use it. ViralSweep will never sell your data to anyone else, and the data we collect on your behalf is never used by us other than to provide it directly to you. However, we do comply with the law, so under certain circumstances we could be required to release some information (for example, via a court order or subpoena.)

We never contact your Participants: We will never, under any circumstances, contact the Participants of your campaigns, or otherwise use their data in anyway other than to provide it directly to you. If you use some features of our Services, such as our email notifications feature, we will only contact your Participants on your behalf to deliver an email to them about your campaign. Your Participants are otherwise not added to our own internal email lists, marketing lists, or contacted about anything other than as it relates to your specific campaign and the features you use through our Services.

You are the data controller of Participant's information: If you are using our Services to facilitate campaigns, then under EU regulations and GDPR, your use of our Services classifies you as the data controller. As such, you are required to use the appropriate compliance statements regarding privacy and data protection when using our Services and you are responsible for honoring respondent requests under EU regulations.

ViralSweep is the data processor: Through the use of our Services, you are able to collect Participant's information and also comply with the appropriate data processing regulations.

ViralSweep is also the data controller: When you use our Services, you are creating an account and building campaigns. We collect only the information we need from you to deliver our services and communicate with you. We will never sell your data, or otherwise use your data other than to provide you with information regarding your account and or your use of our Services.

Information we collect directly from you: In order to use the Services, we will collect registration information (first and last name, email address, password, company name), and billing information (credit card number, expiration date, and card CVV).

If you are entering campaigns as a Participant:

Our customers administer and control campaigns: It is important to understand that we provide a service that allows our customers to create, administer, and control campaigns. We process the data collected through these campaigns on behalf of our customers, and we host the services and platform for them. If you have questions regarding a specific campaign, please contact the creator of the campaign.

We never sell or use your data: The information you provide through a campaign is provided directly to the creator of that campaign. ViralSweep acts as a processor on behalf of its customer to collect that data and provide it to them. We do not sell, share, or use your data in anyway other than to provide it to the customer whose campaign you may have entered. If you have questions regarding your information and how it is being used, please contact the creator of the campaign.

Participant information provided to us: The information we collect from you on behalf of our customers will vary depending upon the campaign. At a minimum, we will collect your email address, however, the creator of the campaign may request more information from you.

Information collected via tracking technologies: If you enter a campaign, we will automatically collect information from you including device information (browser, OS), usage information (IP address, cookies), referral information (URL of where you came from, who referred you), page tag information (web beacons, clear gifs, pixels).

Rights of EU customers and Participants:

Under GDPR and other EU regulations, you have specific rights in regards to the handling of your personal information. At anytime, customers may contact the data processor (ViralSweep) about these rights. As a Participant, you may contact the data controller (the individual or company who is using our Services to run campaigns) about your rights. You can learn more about these rights here: GDPR Individual Rights.

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Information we collect

We collect information about you when you provide it directly to us when you use our Services, and when other sources provide it to us, such as when you are visiting our website.

Information you provide when using our Services

Personally identifiable information (PII)

PII is information that identifies you as an individual. As a visitor, you can browse our website to find out more about ViralSweep and the Services we offer without providing us with any PII. We ask you to provide us with PII when you create an account or complete a contact form on our site. You can establish an account by providing us with your name, email address, and company name. We may ask you for additional information, such as more detailed contact information and payment information, depending upon how you use your account.

If you are participating in our ViralSweep Promote program as an Influencer, you will be asked to provide your payment information, including your full name, street address, date of birth, social security number, and your bank account information in order for our payment processor (Stripe) to process payments to you.

If you provide us with payment information please note that we do not store your payment source information directly on our servers and we use a third-party billing provider (Stripe) to process your payment source. We work with such providers to ensure your payment source information is encrypted and protected. However, you understand and agree that we do not control nor can we be liable for the acts of third parties. If you see what you believe to be fraudulent transactions regarding our website, please contact us immediately. We will make reasonable efforts to work with you and authorities to help resolve such issues.

Content you provide when using our Services

Through your use of our Services, we collect content that you submit to us when creating a campaign. For example, you provide content to us when you build a campaign using our Services, and provide images, links, files, descriptions, and official rules.

Participant PII

The nature of our service requires us to collect data (including PII), from consumers (“Participants”) that are participating in sweepstakes, contests, and other campaigns that you conduct using our Services. If you are visiting this Site as a Participant, we will collect such elements of PII as may be directed by the customer that is sponsoring the campaign.

Your Obligations to Participants: The fact that you are using our Services does not mean you are legally empowered to collect Participant’s PII. You are solely responsible for disclosing to Participants the PII you will be sharing with us in your own Privacy Policy as required by law.

Information we collect automatically when using our Services

While using the Services

When you use any of our Services, we collect information regarding your interactions with the features we provide. This information includes features you use when creating campaigns, and how you interact with those features. For example, when you create a campaign, add images, content, and configure your settings, we track all of the options being added and removed from your campaign in order to know what to properly display when your campaign has been fully set up. In addition, this information is used in order for us to provide customer support when you are creating campaigns.

If you are a Participant to a campaign, we collect information on the features you interacted with on the particular campaign you entered. For example, if you complete social actions on a campaign to earn entries, we track that you completed those actions in order to award you with those entries.

Device Information

When you use any of our Services, we collect information regarding your device that you are using to access the Services. This information can include device type, operating system, browser type, IP address, referring URLs, and device identifiers. We use this information to provide you with a better experience when using our Services.

If you are a Participant to a campaign, we collect your device information, and IP address in order to identify your location, and in order to provide you with better use of the Services.

Cookies and Tracking Technologies

When you use any of our Services, we along with the third-party services we use, including advertising and analytics services, use cookies and other tracking technologies (web beacons, device identifiers, pixels) to provide functionality and recognize you across the Services we provide. For more information on Cookies and Tracking Technologies, see our Cookie Policy.

If you are a Participant to a campaign, we use cookies to identify you and your interactions with our Services. For example, we use cookies to identify that you have entered a campaign and or have completed social actions on a campaign in order to provide you with a better user experience.

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How we use the information we collect

The information we collect through your use of our Services depends upon how you use the Services, which of our Services you use, and any preferences you have chosen.

How We Use Personally Identifiable Information (PII)

We use your PII to interact with you to provide our Services and otherwise interact with you on a personal level. For example, when we communicate with you, we will use the email address you provided when registering an account. We may also send you service alerts regarding your use of our Services. Finally, we may also send you emails with campaign information about ViralSweep, unless you have opted out of receiving such information. You can change contact preferences at any time through your account. While you can opt-out of campaign messages, you cannot opt-out of receiving service alerts. We may also use PII you provide to customize our Services, and or for safety and security purposes to verify account activity, or to monitor suspicious activity.

How We Use Participant Personally Identifiable Information (PII)

If you are a Participant, you must understand that your PII is being collected by ViralSweep on behalf of the customer who is using our Services to facilitate their campaigns or campaigns. ViralSweep does not use your information in any way, other than to provide it directly to the customer who is using our Services. We will never rent, or sell your information, or otherwise use your information for purposes other than what is specified herein.

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How we share information

ViralSweep does not sell, rent, or otherwise provide PII that we collect from visitors, customers, or Participants other than as specified herein. We will share such information with third parties in the following ways:

(a) If you are a Participant, we will share your PII with the company sponsoring the sweepstakes, contest, or other campaign you entered.

(b) We contract with other companies and individuals to perform functions or services on our behalf, such data storage and analysis, hosting the website, sending email messages, processing payments, etc. We necessarily have to share your PII with such third parties as may be required to perform their functions. We will only share as much of your information with these parties as may be required for them to perform their services.

(c) If requested or required by law enforcement authorities, courts, or regulators, we may disclose any information we have about our users. We also may disclose your PII to exercise or protect legal rights or defend against legal claims.

(d) In some cases, we may choose to buy or sell assets. In these business transfers, customer information, including PII, is typically one of the business assets that are transferred. If all or substantially all of our business assets were acquired, or in the unlikely event that we go out of business or enter into bankruptcy, customer information (including your PII), would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any assets may continue to be used according to your PII as set forth in this policy.

(e) We may reserve and have the right to disclose any information about you or your use of our site without your prior permission, if we in good faith believe that such action is necessary to: (i) protect and defend the rights, property or safety of our company or its affiliates, other users of the site, or the public; or (ii) to enforce our Terms of Service.

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Information shared with Third-Party Processors

Your information may be shared with certain trusted third-party services, contractors, or vendors (collectively, "Outside Contractors") that help to provide, improve, or protect the ViralSweep Services. Some of these services include hosting, payment processing, fraud detection, and transactional emails. While providing these services to ViralSweep, these Outside Contractors may have access to information collected through the ViralSweep Services, including your personal information. It is required that these Outside Contractors agree to:

ViralSweep also offers a Data Processing Agreement which applies additional terms to our Services to guarantee the legality of any transfer of personal information between ViralSweep (data processor), our customers (data controller), and or our sub-processors.

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How we protect information

We use appropriate technical and organizational measures, including SSL encryption, to protect your personal information against unauthorized or unlawful access, processing and against accidental loss, destruction or damage. We also limit access to personal information about you to employees who reasonably need access to it to provide our Services, or in order to do their jobs.

However, because no security system can be 100% effective, we cannot completely guarantee the security of any information we may have collected from or about you. In addition, we have no control over the security of other web sites on the Internet that you might visit even when a link may appear on those web sites from our Site. If you share your computer or use a computer that is accessed by the general public, remember to log off and close your browser window when you have finished your session. To learn more, see our Security Overview.

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Data Retention, deletion and destruction

We reserve the right to retain PII and other information we collect from you for as long as we deem necessary to satisfy a business purpose. If you unsubscribe from our email list, we will delete your email address.

If you cancel your ViralSweep account, we will delete all PII collected from Participants, as well as all campaign data after 30 days. Please note, PII collected from Participants may be retained if we deem it is necessary for legal record keeping purposes.

If you continue an active subscription to our Services, all data is retained for the lifetime of your account, unless you physically delete any PII collected from Participants, or you delete any campaigns from your account.

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Accessing and controlling your information

As a customer using our Services, you may delete or edit elements of your PII via the account and setting tabs via our Services. You may opt-out of receiving non-account related emails by clicking on the unsubscribe link included with every email. You may edit, update, and or delete campaign information and PII collected from Participants using the features available to you through the use of our Services.

In order to comply with GDPR and other EU regulations, and to help our customers comply, we have provided many features via our Services to assist with the following rights, which include: the right to be informed, right of access, right to rectification, right to erasure, right to restrict processing, right to data portability, and rights in relation to automated decision making and profiling.

If you are a customer using the ViralSweep Services and would like to exercise the above rights, you have the ability to do so through features offered to you within your account. If you have any questions about these features, please email help@viralsweep.com.

If you are a Participant to a campaign and would like to exercise the above rights, please email privacy@viralsweep.com and we will consider your request in accordance with the applicable data protection laws. You may need to verify your identity in order for us to respond to your request.

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Integrations

Our Services include Integrations with third party services and platforms (see a full list of Integrations here.) These Integrations are enabled by customers using our Services only, and your information may be passed to these Integrations, including your name, email address, and other information you submit as a Participant. These Integrations may also collect your IP address, which page you are visiting, and may set a cookie to enable the Integration to function properly. Your interactions with these Integrations are governed by the privacy policy of the third party company providing the Integration.

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Third-Party Links

Our Services may include links to other websites. If you choose to visit any linked site, the collection and disclosure of your information by the operator of that site will be governed solely by that entity's privacy policy. We make no representations or warranties regarding these sites. In addition, our website may include social media features and widgets, such as the Facebook “Like” button, the “Share This” button and other interactive mini-programs (collectively, the “Social Media Features”). The Social Media Features may collect Information such as your IP address and which page you are visiting on the Site, and may also set a cookie to enable the Social Media Feature to function properly. Social Media Features are either hosted by a third party or hosted directly on our Site. Your interactions with the Social Media Features are subject to the privacy policy of the company providing it.

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Browser do not track requests

We may employ certain technologies that enable us and third parties to track your online activities on our website over time, and to a certain extent across third-party websites. We offer no response to browser Do-Not-Track requests, but you can prevent certain online tracking applications (such as Google Analytics) from recognizing you on return visits to our site by disabling cookies on your browser.

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Children Under 13

Children under the age of 13 are not permitted to use our Services. We do not knowingly collect any personal information from children under 13. If we become aware that someone under the age of 13 is attempting to register for our Services, we will attempt to delete the information he or she provided as soon as possible.

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For persons outside of the United States

If you provide us with PII (either directly when you create an account, or when you enter a customer’s campaign) be advised that your data will be stored in the United States, which may not require an adequate level of protection for your PII compared with that provided in your country.

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Our Commitment to the EU-US Privacy Shield and the Swiss – U.S. Privacy Shield Framework

ViralSweep LLC complies with the EU-U.S. Privacy Shield Framework and Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union and Switzerland to the United States. ViralSweep LLC has certified to the Department of Commerce that it adheres to the Privacy Shield Principles. If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/.

In compliance with the Privacy Shield Principles, ViralSweep LLC commits to resolve complaints about our collection or use of your personal information. EU and Swiss individuals with inquiries or complaints regarding our Privacy Shield policy should first contact ViralSweep LLC support at help@viralsweep.com.

ViralSweep LLC has further committed to refer unresolved Privacy Shield complaints to VeraSafe, an alternative dispute resolution provider located in the United States. If you do not receive timely acknowledgment of your complaint from us, or if we have not addressed your complaint to your satisfaction, please contact or visit https://www.verasafe.com/privacy-services/dispute-%20resolution/submit-dispute/ for more information or to file a complaint. The services of VeraSafe are provided at no cost to you.

ViralSweep LLC is responsible for the processing of Personal Information it receives under the Privacy Shield Framework and subsequently transfers to a third party acting as an agent on its behalf. We comply with the Privacy Shield Principles for all onward transfers of personal data from the EU and Switzerland, including the onward transfer liability provisions.

The Federal Trade Commission has jurisdiction over ViralSweep LLC's compliance with this Policy, the EU-US Privacy Shield Framework, and the Swiss - U.S. Privacy Shield Framework. In certain situations, we may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. As a last resort, privacy complaints that remain unresolved after pursuing these and other channels may be subject to binding arbitration.

Dispute Resolution

Within the scope of this privacy notice, if a privacy complaint or dispute cannot be resolved through ViralSweep LLC’s internal processes, ViralSweep LLC has agreed to participate in the VeraSafe Privacy Shield Dispute Resolution Procedure. Subject to the terms of the VeraSafe Privacy Shield Dispute Resolution Procedure, VeraSafe will provide appropriate recourse free of charge to you. To file a complaint with VeraSafe under the Privacy Shield Dispute Resolution Procedure, please submit the required information to VeraSafe here: https://www.verasafe.com/privacy-services/dispute- resolution/submit-dispute/.

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How To Contact Us

If you have any questions or concerns regarding the use or disclosure of your personal information through the Services, you can contact us in a few different ways.

Inquiries regarding your privacy: privacy@viralsweep.com

Inquiries for our Data Protection Officer: dpo@viralsweep.com

By mail:
ViralSweep
ATTN: Data Protection Officer
P.O. Box 953
Cheshire, CT 06410
United States

VeraSafe has been appointed as ViralSweep's representative in the European Union for data protection matters, pursuant to Article 27 of the General Data Protection Regulation of the European Union. VeraSafe can be contacted in addition to ViralSweep, only on matters related to the processing of personal data. To make such an inquiry, please contact VeraSafe using this contact form: Contact VeraSafe

Alternatively, VeraSafe can be contacted at:

VeraSafe Ireland Ltd
Unit 3D North Point House
North Point Business Park
New Mallow Road
Cork T23AT2P
Ireland

Matthew Joseph
Zahradníčkova
1220/20A
Prague 15000
Czech Republic

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Changes to this privacy policy

We reserve the right to amend, alter, or otherwise change this Privacy Policy at our sole and absolute discretion. If we make any changes regarding the disclosure of Personal Information to third parties, we will inform all registered Site users, and post notice of the new Policy from the privacy link on our Site. Further use of this Site following any such change constitutes your agreement to follow and be bound by the amended Privacy Policy.

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Do you have any questions?

If you ever have any questions about our Privacy Policy, please contact us. We respect your rights and privacy, and will be happy to answer any questions or concerns you might have. You may direct any such questions to us via email at privacy@viralsweep.com or via the Contact page on our website.

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If you have any questions or concerns regarding our Privacy Policy, please contact us at privacy@viralsweep.com.