Privacy Policy

This Privacy Policy describes the policies and procedures of Betaworks Studio, LLC and Betaworks One, Inc. ("we" or "us") on the collection, use and disclosure of your information on and the related services, features, content or applications we offer (collectively, "Photoswirl"). In connection with your use of Photoswirl, we receive information about you from various sources, including: (i) through your Photoswirl user account (your "Account"); (ii) your use of Photoswirl generally; and (iii) from third party websites and services. When you use Photoswirl, you are consenting to the collection, transfer, manipulation, storage, transmission, disclosure and other uses of your information as described in this Privacy Policy.

What Does This Privacy Policy Cover?

This Privacy Policy covers the treatment of personally identifiable information ("Personal Information") we gather when you are using or accessing Photoswirl. This Privacy Policy also covers our treatment of any Personal Information that our business partners share with us or that we share with our business partners. This Privacy Policy does not apply to the practices of third parties that we do not own or control, including but not limited to any third party websites, content sources, services and applications ("Third Party Services") that you elect to access through Photoswirl, or to individuals that we do not manage or employ. While we attempt to facilitate access only to those Third Party Services that share our respect for your privacy, we cannot take responsibility for the content or privacy policies of those Third Party Services. We encourage you to carefully review the privacy policies of any Third Party Services you access.

What Information Is Collected by Photoswirl?

The information we gather enables us to personalize, improve and continue to operate Photoswirl. In connection with certain aspects of Photoswirl, we may request, collect and/or display some of your Personal Information. We collect the following types of information from our users.

Information:

When you create an Account or login using your Facebook, Twitter and/or Instagram accounts, you will provide information that could be Personal Information, such as your username, password and email address. You acknowledge that this information may be personal to you, and by creating an account with Photoswirl and providing Personal Information to us, you allow others, including us, to identify you and therefore may not be anonymous. We may use your contact information to send you information about our Services, including without limitation, notifications regarding our services. You may unsubscribe from these messages through a link at the bottom of the email messages sent to you, although we regardless reserve the right to contact you when we believe it is necessary, such as for account recovery purposes.

User Content and URL Information:

Photoswirl allows you to provide content to Photoswirl, such as the ability to curate, and distribute to people who follow your feed, collections of photos, content and uniform resource locators ("URLs"), written descriptions of content or URLs, comments, text, images and video. We also collect and store information regarding the content in your Photoswirl, Twitter, and Instagram feeds and the original URL, and associate that information with your Account. We also collect and store (i) the time and date on which the content was first curated and (ii) information on the channels through which the content was shared, e.g., to other Photoswirl users and/or Twitter followers.

In addition, we share certain information about you, such as your username, any avatar or image you elect to post, your Twitter username, your Instagram username, your Facebook username, your feeds through Photoswirl, and other Third Party Services, and other information you elect to make public. This may include Personal Information, but only to the extent that you decide to share such information with others. We may retain content submitted by you to Photoswirl indefinitely, even after you terminate your Account.

Metrics and Analytics:

We collect information about accesses of content curated through Photoswirl. This information includes, but is not limited to: (i) the IP address and physical location of the devices accessing the curated content; (ii) the time and date of each access; and (iii) information about sharing of curated content.

Information Collected From Third Party Services:

Some features of Photoswirl allow you to share your Photoswirl curated content through Third Party Services and your content from Third Party Services through Photoswirl. If you choose to connect Photoswirl to such Third Party Services, we may collect information related to your use of those Third Party Services, such as authentication tokens that allow us to connect to your Third Party Service accounts. We may otherwise collect information about how you are using Photoswirl to interact with those connected Third Party Services. Note that Third Party Services may have the ability to restrict the information that is provided to us.

IP Address Information and Other Information Collected Automatically:

We automatically receive and record information from the Photoswirl application or your web browser when you interact with Photoswirl, including your IP address and cookie information. This information is used to facilitate collection of data concerning your interaction with Photoswirl (e.g., what content you have clicked on). Generally, Photoswirl automatically collects usage information, such as the number and frequency of users accessing Photoswirl and various curated streams of content. We may use this data in aggregate form, that is, as a statistical measure, but not in a manner that would identify you personally. This type of aggregate data enables us and third parties authorized by us to figure out how often individuals use parts of Photoswirl so that we can analyze and improve them.

Email Communications:

We may receive a confirmation when you open an email from us. We use this confirmation to improve our customer service.

Information Collected Using Cookies:

Cookies are pieces of text that may be provided to your computer through your web browser or application when you access a website or service. Your browser stores cookies in a manner associated with each website or service you visit. We use cookies to enable our servers to recognize your web browser or Photoswirl application and tell us how and when you visit and use Photoswirl through the web or through an application. Photoswirl cookies also allow us to track when you have accessed content through Photoswirl. Each access is tracked using a unique identifier assigned to you in one or more cookies stored by your web browser or application and associated with Photoswirl. Photoswirl cookies do not, by themselves, contain Personal Information, and we do not combine the general information collected through cookies with other Personal Information to tell us who you are. As noted, however, we do use cookies to identify that your web browser or application has accessed content through Photoswirl and may associate that information with your Account if you have one. 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 or device. For example, third party websites may set their own cookies.

Aggregate Information:

We collect statistical information about how people use Photoswirl ("Aggregate Information"). Some of this information is derived from Personal Information, such as your location (which, in turn, can be derived from your IP address or through location based services used by your device). This statistical information is not Personal Information and cannot be tied back to you, your Account, your web browser or your Photoswirl application.

How and To Whom Is My Information Shared?

Photoswirl is designed to help you share information that you or people you choose to follow locate on the web with others. As a result, much of the information generated through Photoswirl is shared publicly or with third parties.

Public Photoswirl Activity Information:

Much of your activity on and through Photoswirl is public by default. This includes, but is not limited to:

-URLs within your feeds from Third Party Services that you access through Photoswirl and feeds from third parties that you elect to follow.

-Content that you have selected to curate on your Account, the corresponding URL(s), the time and date those that content was curated, and metrics and analytics information for your curated content, as described above; and

-Aggregate non-personal information about what content you have accessed through Photoswirl and associated metrics and analytics information, as described above.

Some of this information may be associated with your Account and some of this information is publicly accessible to other Photoswirl users who choose to follow your curated content. You can, however, select to make your curated content non-public or limit disclosure through privacy settings/ policies of Third Party Services through which you access Photoswirl. This information may still be accessible through other means, such as our API services. Please also remember that if you choose to provide Personal Information using certain features of Photoswirl, then that information is governed by the privacy settings of those particular features and may be publicly available. Individuals reading this information may use or disclose it to other individuals or entities without our control and without your knowledge. Therefore, we urge you to think carefully about including any specific information you may deem private in content that you create or submit through Photoswirl.

IP Address Information:

While we collect and store IP address information, that information is not made public. We do at times, however, share this information with our partners, service providers and other persons with whom we conduct business. We may share hashes of your IP address with other third parties, but these hashes cannot feasibly be reversed into the IP addresses themselves or linked to you individually.

Information You Elect to Share:

When reviewing content through Photoswirl, you will share that content that you access through Photoswirl or Third Party Services, or through feeds from Third Party Services to Photoswirl. Any such information will be instantly distributed and may then become accessible to users of Photoswirl or those Third Party Services. Therefore, in addition to reviewing this Privacy Policy, you should also review the terms of services and privacy policies of such Third Party Services that you access through Photoswirl. Photoswirl respects the privacy settings/ policies that you have selected with Third Party Services, and only shares information consistent with those privacy settings and policies. You may otherwise access Third Party Services through Photoswirl, for example by accessing curated content. We are not responsible for the privacy policies and/or practices of these Third Party Services, and you are responsible for reading and understanding those privacy policies. This Privacy Policy only governs information collected on or through Photoswirl.

Aggregate Information:

We share Aggregate Information with our partners, service providers and other persons with whom we conduct business. We share this type of statistical data so that our partners can understand how and how often people use Photoswirl and their services or websites, which facilitates improving both their services and how we interface with them. In addition, these third parties may share with us non-private, aggregated or otherwise non Personal Information about you that they have independently developed or acquired.

Email Communications:

As part of Photoswirl, you may occasionally receive from us email and other communication relating to your Account. These emails will only be sent for purposes important to Photoswirl, such as Account information.

User Profile Information:

User profile information including your username, avatars or images you elect to upload and other information you enter may be displayed to other users to facilitate user interaction within Photoswirl. We will not directly reveal users' email addresses to other users.

Information Shared with Our Agents:

We employ and contract with people and other entities that perform certain tasks on our behalf and who are under our control (our "Agents"). We may need to share Personal Information with our Agents in order to provide products or services to you. Unless we tell you differently, our Agents do not have any right to use Personal Information or other information we share with them beyond what is necessary to assist us. You hereby consent to our sharing of Personal Information with our Agents.

Information Disclosed Pursuant to Business Transfers:

In some cases, we may choose to buy or sell assets. In these types of transactions, user information is typically one of the transferred business assets. Moreover, if we, or substantially all of our assets associated with Photoswirl, were acquired, or in the unlikely event that we go out of business or enter bankruptcy, user information 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 acquirer of us may continue to use your Personal Information as set forth in this policy.

Information Disclosed for the Protection of Us and Others:

We also reserve the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Service, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect our rights, property or safety, our users and the public. This includes exchanging information with other companies and organizations for fraud protection and spam prevention.

Information We Share With Your Consent:

Except as set forth above, you will be notified when your Personal Information may be shared with third parties, and will be able to prevent the sharing of this information.

Is Information About Me Secure?

Your Account information (including your Facebook, Twitter and Instagram logins) is protected for your privacy and security.

We endeavor to protect Account information to ensure that it is kept private; however, we cannot guarantee the security of any Account information. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time.

We otherwise store all of our information, including your IP address information, using industry-standard security techniques. We do not guarantee or warrant that such techniques will prevent unauthorized access to information about you we store, Personal Information or otherwise.

What Information of Mine Can I Access?

You can access information associated with your Account through the Photoswirl application. You can adjust third party services connected in your Account settings.

How Can I Delete My Account?

Should you ever decide to delete your Account, you may do so by emailing If you terminate and delete your Account, any association between your Account and information stored by in connection with Photoswirl will no longer be accessible. However, given the nature of sharing using Photoswirl, any public activity on your Account prior to deletion will remain stored on our servers and will remain accessible to the public. If you would like us to remove such stored information, please send us an email at the address above.

What Choices Do I Have Regarding My Information?

As stated previously, you can opt not to disclose certain information to us, even though it may be needed to take advantage of some Photoswirl features.

You can delete your Account or adjust your Account's privacy settings. Please note that we will need to verify that you have the authority to delete the Account, and activity generated prior to deletion will remain stored by us and may be publicly accessible.

What Happens When There Are Changes to this Privacy Policy?

We may amend this Privacy Policy from time to time. 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 will notify you by posting an announcement on or within Photoswirl or sending you an email. A user is bound by any changes to the Privacy Policy when he or she uses Photoswirl after such changes have been first posted.

What If I Have Questions or Concerns?

If you have any questions or concerns regarding privacy using Photoswirl, please send us a detailed message to: We will make every effort to resolve your concerns.

Effective Date: June 27, 2012.