Terms & Conditions

Last modified on the 18th of September 2013 [updated Privacy Policy]

PhotoSwap Terms & Condition

1. PhotoSwap content is user-generated. Padadaz does not pre-screen User Generated Content. Padadaz retains the rights to terminate your account for any reason at its sole discretion.

2. Users can flag inappropriate pictures. Users posting inappropriate pictures will be banned from the service. Abusing the reporting mechanism may also result in a ban.

3. Be kind! Do not post content that is offensive, libelous, defamatory, indecent, harmful, harassing, intimidating, threatening, hateful, abusive, vulgar, shocking, obscene, pornographic, sexually explicit or implicit, or offensive in a sexual, racial, cultural, or ethnic context. Pictures you swap must be kid safe. While applications based on user-generated content, such as PhotoSwap, must carry a 17+ rating in the AppStore, Photoswap is not an adult app.

4. Be creative! The quality of the pictures you receive depends on the quality of your own pictures. PhotoSwap provides a unique opportunity for other people to get a glimpse of your life and for you to get a glimpe of theirs. Do not waste it with pictures that are quite objectively boring. That includes black/dark screens, blurry pictures, TV, legs. If you wouldn’t like to receive it, then don’t send it or your may get banned.

5. Do not ask for inappropriate/adult pictures, even implicitly. PhotoSwap is not the right place for that and you’ll get banned.

6. Do not post any content that violates any applicable local, state, national, or international law. Do not post any content, or take any action, that is designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to interfere with or disrupt the software or services connected to the software.

7. You are responsible for ensuring that any User Generated Content that you post does not, and will not, violate the rights of any third party rights of any kind. You warrant and represent that you own or control all rights in any User Generated Content that you post to any Forum.

8. General Use. You acknowledge and agree that Padadaz does not have any obligation to review User Generated Content, that Padadaz is not in any manner responsible for User Generated Content, that Padadaz does not guarantee the accuracy, integrity or quality of User Generated Content, and that Padadaz cannot assure that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable User Generated Content will not appear in PhotoSwap. You also acknowledge that by providing you with the ability to access, view and/or post User Generated Content in PhotoSwap, Padadaz is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any User Generated Content or activities of Users of PhotoSwap.

9. By accepting those Terms & Conditions you also accept our Privacy Policy. Those Terms & Conditions and Privacy Policy Notice may be revised periodically without further notice to you and this will be reflected by a “last modified” date on the top of the page. Your continued use of PhotoSwap constitutes your agreement to those Terms & Conditions and Privacy Notice including any future revisions.

PhotoSwap Privacy Policy

Protecting PhotoSwap user’s privacy is something we take seriously. This document explains what information we collect, how we use it, and your options regarding the privacy of your personal information, please take a moment to read it.

The information Padadaz collects

Padadaz may gather and use information about you, including (but not limited to) :

  • Any personal information you explicitly provide (such as your name, login, email address, postal mailing address, phone number, credit card and billing information, etc.)
  • Your mobile device information (such as device model, carrier, OS version, unique device identified (UDID), etc.)
  • Electronic identification data (such as IP and cookies)
  • Your profile information and settings
  • Correspondence between you and Photoswap servers
  • Content of messaging communication (such as photo, text, video) and associated data (such as user info, recipient information, etc.)
  • Location information if you enabled it
  • Usage statistics
  • The way this information is used

This information is used either directly or by mandating third parties providers acting on our behalf as permitted or necessary to:

 

  • Provide messaging communication services, in particular in the form of “swapped” pictures and text, either public (random swap) or private (messages) using our PhotoSwap application
  • Provide you with a customized experience
  • Let administrators and moderators review messages in order to enforce our moderation policy
  • Improve our service by analyzing gathered information
  • Provide customer support or perform technical interventions on our servers
  • Protect your and Padadaz’ interests, in particular by enforcing our Terms & Conditions
  • Get in touch with you
  • Sharing of your information

We will not share your personal information with any third party, except as described in this Privacy Policy. The circumstances where we may need to share your personal information are the following:

 

  • With other PhotoSwap users: When you’re sending a public message (random swap), a random user will get to see its photographic content together with your profile information, including your location information if you share it. When you’re sending a private message, the recipient will get to see its photographic content together with your profile information, including your location information if you share it.
  • With moderators: Messages may be reviewed by moderators appointed by Padadaz if they were reported as inappropriate by other users. Moderators can only review flagged messages and don’t have any right to use them in any other way than for moderation purposes.
  • Service providers: We may mandate third parties providers to perform tasks on our behalf and your information may be accessible to them in order to assist us. Our service providers do not have any right to use personal information beyond what is necessary to assist us.
  • Aggregated Data: From time to time, we may share non-personally identifiable data, such as anonymized usage statistics. We will never share any aggregated data in a manner that would enable the recipient to personally identify you.
  • Law enforcement: If an appropriate judicial, law enforcement or government authority is requesting personal data we will provide reasonable assistance and information to fulfill the request that may include personal information.
  • Personal information may be shared if you explicitly give us your permission to do so.
    Third party tools and advertising

We may display ads coming from advertising networks and use tools or third party analytical software that automatically collect and aggregate certain non-personal data. Those data may include (but are not limited to) your IP address, your mobile device information (such as device model, carrier, OS version, unique device identified (UDID), etc.) and Photoswap usage information. We don’t share your location information or any information that could directly identify you (name, email, profile, messages, etc.). The companies providing those services use their own privacy policies.

Security and storage of your information

We are careful with your data and our service and servers are designed and configured against unauthorized access from the ground up. But keep in mind that PhotoSwap is to be used for entertainment purposes and not as secure communication means. When using the Internet, it’s very hard to guarantee security measures at all times and as such we can’t guarantee that your information will not be viewed by unauthorized persons.

Treat your PhotoSwap communications as you’d treat email communication with people you don’t know: remember that messages you send via PhotoSwap may be saved and/or reproduced by their recipient by different means (for example by taking a picture or screenshot of them). Communication may also be intercepted between your device and the PhotoSwap server.

Messages are stored on our servers for caching, moderating and backup purposes. We will periodically delete old messages and information that is no longer required. We keep a log of non-personal information for statistics purposes.

Your choices

Your personal information can be changed from within the PhotoSwap app. You may want to disable location sharing from your device Settings application. You may contact us by email at privacy@padadaz.com if you require more information.

In the Event of Merger or Sale

In those circumstances we reserve the right to transfer or assign the information that we have collected from users as part of that merger, acquisition, sale, or other change of control.

Changes and Updates to this Privacy Notice

This Privacy Notice may be revised periodically without further notice to you and this will be reflected by that “last modified” date on the top of the page. Your continued use of PhotoSwap constitutes your agreement to those Terms & Conditions and Privacy Notice including any future revisions.

Contact Information

PhotoSwap is a service provided by Padadaz SARL, a registered Swiss company. If you have any question, remark, or inquiry about this privacy policy, please contact us by email at privacy@padadaz.com

© Copyright 2015 Padadaz SARL