PRIVACY POLICY

Last Updated: 2018-09-11

Binari, Inc. takes the privacy of our users very seriously. We will handle all sensitive and personal information in a responsible manner, and in accordance with applicable data privacy laws and the General Data Protection Regulation (“GDPR”). This Privacy Policy explains how Binari, Inc. (“Binari”, “we”, “us”, or “our”) and some of the companies that we work with collect, use, share and protect information in relation to the SwayMe website, the SwayMe service, or any applications (including mobile applications) made available by Binari (collectively, "SwayMe" or the “Service”), and your choices about the collection and use of your information. This Privacy Policy is part of the Terms of Use for the Service, and as such your use of the Service constitutes consent to this Privacy Policy. Binari is located in the United States and information we collect from you will be processed in the United States.

By using the Service you understand and agree that we are providing a platform for you to post questions or content, including photos, comments and other materials ("Content"), to the Service and to share Content publicly. This means that other Users may search for, see, use, or share any of the Content that you make publicly available through the Service, consistent with the terms and conditions of this Privacy Policy and our Terms of Use.

This Policy applies to all visitors, users, and others who access the Service ("Users").

I. INFORMATION WE COLLECT

We collect the following types of information.

Information you provide us directly:

1. Your username, password, telephone number, and e-mail address and other personal information that you provide and/or that we collect (“Personal Information”) when you register for an account to use, and use, the Service.

2. Content (e.g., questions, photos, comments, and other materials) that you post to the Service.

3. Communications between you and Binari. For example, we may send you Service-related emails (e.g., account verification, changes/updates to features of the Service, technical and security notices). Note that you may not opt out of Service-related e-mails.

Analytics information:

We use third-party analytics tools to help us measure traffic and usage trends for the Service. These tools collect information sent by your device or our Service, including the web pages you visit, add-ons, and other information that assists us in improving the Service. We collect and use this analytics information with analytics information from other Users so that it cannot reasonably be used to identify any particular individual User.

Cookies and similar technologies:

1. When you use the Service, we may use cookies and similar technologies like pixels, web beacons, and local storage to collect information about how you use the Service and to provide features to you.

Log file information:

1. Log file information is automatically reported by your browser each time you make a request to access (i.e., visit) a web page or app. It can also be provided when the content of the webpage or app is downloaded to your browser or device.

2. When you use our Service, our servers automatically record certain log file information, including your web request, Internet Protocol ("IP") address, browser type, referring / exit pages and URLs, number of clicks and how you interact with links on the Service, domain names, landing pages, pages viewed, and other such information. We may also collect similar information from emails sent to our Users, which then help us track which emails are opened and which links are clicked by recipients.

Device identifiers:

1. When you use a mobile device like a tablet or phone to access the Service, we may access, collect, monitor, store on your device, and/or remotely store one or more "device identifiers." Device identifiers are small data files or similar data structures stored on or associated with your mobile device, which uniquely identify your mobile device. A device identifier may be data stored in connection with the device hardware, data stored in connection with the device's operating system or other software, or data sent to the device by Binari.

2. A device identifier may deliver information to us or to one of our third-party partners about how you browse and use the Service and may help us or others provide reports or personalized content and ads.

Metadata:

1. Metadata is usually technical data that is associated with Content. For example, Metadata can describe how, when and by whom a piece of Content was collected and how that content is formatted.

2. Users can add or may have Metadata added to their Content, including hashtags, geotags, comments, or other data. The use of Metadata may make Content more searchable by other Users and may (in the case of a geotag) disclose the latitude and longitude stored with a photo to the public, depending on your privacy settings.

Finding your friends on SwayMe:

1. If you choose, you can use our “find your friends” feature to locate people you may know with accounts on SwayMe through your contacts list on your device or through a search of names and usernames on SwayMe.

2. If you choose to find your friends through your device's contacts list, then SwayMe will access your contacts list to determine whether or not someone associated with your contact is using SwayMe.

3. If you choose to find your friends through a search of names or usernames on SwayMe then simply type a name to search and we will perform a search on our Service.

II. HOW WE USE YOUR INFORMATION

In addition to some of the specific uses of information we described above in this Privacy Policy, we may use information that we receive to:

1. help you efficiently access your information after you sign in;

2. remember information so you will not have to re-enter it during your visit or the next time you visit the Service;

3. provide personalized content and information to you and others, which could include online ads or other forms of marketing;

4. provide, improve, test, and monitor the effectiveness of our Service;

5. develop and test new products and features;

6. monitor metrics such as total number of visitors, traffic, and demographic patterns;

7. diagnose or fix technology problems;

8. automatically update the SwayMe application on your device; and/or

9. respond to inquiries from you, including the provision of technical support.

III. SHARING OF YOUR INFORMATION

We will not rent or sell your information to third parties without your consent, except as noted in this Policy.

Parties with whom we may share your information:

1. We also may share your information as well as information from tools (like cookies, log files, and device identifiers, and location data) with third-party organizations that help us provide the Service to you ("Service Providers"). Our Service Providers will be given access to your information as is reasonably necessary to provide the Service under reasonable confidentiality terms.

2. We may remove parts of data that can identify you and share anonymized data with other parties. We may also combine your information with other information in a way that it is no longer associated with you and share that aggregated information.

Parties with whom you may choose to share your Content:

1. Any information or Content that you voluntarily disclose for posting to the Service becomes available to the public.

2. If you remove information that you posted to the Service, copies may remain viewable in cached and archived pages of the Service and may be remain accessible to the public, or if other Users or third parties using the Service have copied or saved that information.

What happens in the event of a change of control:

If we sell or otherwise transfer part or the whole of Binari or our assets to another organization (e.g., in the course of a transaction like a merger, acquisition, bankruptcy, dissolution, liquidation), your information such as name and email address, Content and any other information collected through the Service may be among the items sold or transferred. You will continue to own your Content. The buyer or transferee will have to honor the commitments we have made in this Privacy Policy.

Responding to legal requests and preventing harm:

We may access, preserve and share your information in response to a legal request (like a search warrant, court order or subpoena) if we have a good faith belief that the law requires us to do so. This may include responding to legal requests from jurisdictions outside of the United States where we have a good faith belief that the response is required by law in that jurisdiction, affects users in that jurisdiction, and is consistent with internationally recognized standards. We may also access, preserve and share information when we have a good faith belief it is necessary to: detect, prevent and address fraud and other illegal activity; to protect ourselves, you and others, including as part of investigations; and to prevent death or imminent bodily harm. Information we receive about you may be accessed, processed and retained for an extended period of time when it is the subject of a legal request or obligation, governmental investigation, or investigations concerning possible violations of our terms or policies, or otherwise to prevent harm.

IV. HOW WE STORE YOUR INFORMATION

1. Your information collected through the Service may be stored and processed in the United States.

2. We use commercially reasonable safeguards to help keep the information collected through the Service secure and take reasonable steps (such as requesting a unique password) to verify your identity before granting you access to your account. However, we cannot ensure the security of any information you transmit to us or guarantee that information on the Service may not be accessed, disclosed, altered, or destroyed.

3. You are responsible for maintaining the secrecy of your unique password and account information, and for controlling access to emails between you and Binari, at all times. We are not responsible for the functionality, privacy, or security measures of any other organization that you may connect to through the Service.

V. YOUR CHOICES ABOUT YOUR INFORMATION

1. You may update your account at any time by logging in and changing your profile settings.

2. You may unsubscribe from email communications from us by clicking on the "unsubscribe link" provided in such communications (except, as noted, you may not opt out of Service-related communications, such as account verification, purchase and billing confirmations, and reminders, changes/updates to features of the Service, technical and security notices).

3. If you choose not to provide the information we request, you may be unable to access or use the Service.

VI. How long we keep your Content:

Following termination or deactivation of your account we or our Service Providers may retain information (including your profile information) and Content for a commercially reasonable time for backup, archival, and/or audit purposes or as may be required by the law.

VII. CHILDREN'S PRIVACY

Binari does not knowingly collect or solicit any information from anyone under the age of thirteen (13) or knowingly allow such persons to register for the Service. The Service and its content are not directed at children under the age of 13. In the event that we learn that we have collected personal information from a child under age 13 without parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us by sending an e-mail to binari.swayme@gmail.com.

VIII. OTHER WEB SITES AND SERVICES

Binari is not responsible for the practices employed by any websites or services linked to or from our Service, including the information or content contained within them. When you use a link to go from our Service to another website or service, our Privacy Policy does not apply to those third-party websites or services. Your browsing and interaction on any third-party website or service, including those that have a link on our website, are subject to that third-party's own rules and policies. In addition, you agree that we are not responsible and do not have control over any third-parties that you authorize to access your Content. If you are using a third-party website or service and you allow them to access your Content, you do so at your own risk.

IX. CONTACTING US

We want to communicate with you only if you want to hear from us. If you prefer not to receive information from us please let us know by sending your written request via email to binari.swayme@gmail.com. You can also contact us at the following address: [insert snail mail address if possible]. Please note that it may take up to two weeks for your request to become effective.

X. YOUR RIGHTS WITH RESPECT TO YOUR PERSONAL INFORMATION

You have certain rights that you can exercise under certain circumstances with respect to your Personal Information that Binari holds. These include your rights to:

- request access to your Personal Information;

- request certain information related to the processing of your Personal Information;

- correct any incorrect Personal Information maintained by us;

- request that the we erase your Personal Information or cease processing it;

- object to the processing of your Personal Information;

- withdraw any consent to processing that you previously gave; and

- instruct Binari to cease using your data for direct marketing purposes.

If you want to exercise one or more of these rights, please contact us at binari.swayme@gmail.com. Binari may need to request specific information from you to help confirm your identity and ensure your right to access Personal Information or to exercise any of your other rights. This is another appropriate security measure to ensure that Personal Information is not disclosed to any person who has no right to receive it.

XI. CHANGES TO OUR PRIVACY POLICY

We may modify or update this Privacy Policy from time to time, so please review it periodically. We may provide you additional forms of notice of modifications or updates as appropriate under the circumstances. Your continued use of the Service after any modification to this Privacy Policy will constitute your acceptance of such modification.