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Terms & Conditions

It’s always good in life to have clarity and to know where you stand with things. Here’s where we set out all of that important stuff so you know what’s what.

Black Swan Data Ltd and its affiliates are committed to protecting the privacy of all individuals who:

  • Visit Black Swan’s website located at blackswan.com, which includes all subdomains, present and future (the “Website”);
  • use the mobile applications that Black Swan makes available from time to time (the "Applications");
  • use the Black Swan services including Black Swan products and services (the "Platforms").

To make this policy easier to read, we call the Website, the Applications and the Platforms together the "Services".

It is Black Swan policy to respect your privacy and the privacy of all users of the Services. This Privacy Policy has been established to help you understand our commitment to protecting your privacy and personal data, and the steps we take to ensure it. By visiting and/or using any of the Services, you agree to be bound by the terms of the present Privacy Policy (the “Privacy Policy”).

Black Swan reserves the right, at any time, to modify or replace the Privacy Policy. The most recent version of the Privacy Policy is available at blackswan.com/privacy. Please check the Privacy Policy periodically for changes, though we will also notify you via email or other direct electronic communication method of any changes that, in our sole discretion, materially impact your use of the Services or the treatment of your Personal Information. Your use of the Services following the posting of any changes to the Privacy Policy constitutes acceptance of those changes.

Black Swan’s Privacy Policy forms part of its wider terms of service (collectively the “Terms”). Both the Terms and the Privacy Policy apply to your use of the Services. Unless otherwise indicated, all defined terms in this Privacy Policy shall have the same meaning as in the Terms.

This Privacy Policy covers the treatment of personally identifiable information (“Personal Information”) and other non-identifiable information gathered by Black Swan when you are using or accessing the Services.

This Privacy Policy does not apply to the practices of any third-party services such as Facebook or Twitter that you elect to access through the Platforms (the “Supported Platforms”) or to any applications developed by third parties that Black Swan does not own or control (“Third-Party Apps”) or to any third parties who use the Black Swan Application Programming Interface (API) to perform any function related to the Platforms. As an example, the Privacy Policy does not cover any information or other content you can view via the Services on Supported Platforms (but which was not posted there using the Services) or information you provide to Third-Party Apps accessed via the Services. While we attempt to facilitate access only to those Supported Platforms and Third-Party Apps that share our respect for your privacy, we cannot take responsibility for the content or privacy policies of any Supported Platforms or Third-Party Apps. We encourage you to carefully review the privacy policies of any Supported Platforms or Third-Party Apps you access via the Services.

When you first register for a Black Swan account we collect some personal information about you such as:

  • your full name, username, and email address
  • your password, in connection with your account and your log-in facility
  • a unique Black Swan user ID (an alphanumeric string) which is assigned to you upon registration
  • other optional information as part of your account profile

Black Swan uses the collected information for the following general purposes:

  • to identify you when you log in to your account
  • to enable us to provide the Services to you
  • to analyze the Website, or the other Services and information about our visitors, including research into our user demographics and user behaviour in order to improve our content and Services
  • to contact you about your account and provide support
  • to keep you informed of information about our Services we think you may find useful or which you have requested from us, provided you have indicated you would like to be contacted for these purposes

By submitting information to Black Swan when registering, you consent to the use of your information for these purposes.

Black Swan automatically collects and receives certain information from your computer or mobile device, including the activities you perform on our Website, the Platforms, and the Applications, the type of hardware and software you are using (for example, your operating system or browser), and information obtained from cookies (see “Cookies and Related Technologies” below). For example, each time you visit the Website or otherwise use the Services, we automatically collect your IP address, browser and device type, access times, the web page from which you came, the regions from which you navigate the web page, and the web page(s) you access (as applicable) (collectively referred to as “traffic data”). We may link this traffic data to your unique Black Swan user ID to better understand your needs and the needs of users in the aggregate, diagnose problems, analyze trends, provide services, improve the features and usability of our Services, and better understand and market to our customers and website users.

Black Swan also makes use of non-identifiable information gathered for statistical purposes to keep track of the number of visits to the Services and Website pages with a view to introducing improvements and improve usability of our Services. We may share this type of statistical data so that our partners also understand how often people use our Services, so that they, too, may provide you with an optimal experience. Your IP address and other relevant non-identifiable information may be used in order to trace any fraudulent or criminal activity or any activity in violation of the Terms.

Black Swan uses tracking technology (“cookies”) on the Website, in the Applications, and in the Platforms, including mobile application identifiers and a unique Black Swan user ID to help us recognize you across different Services, to monitor usage and web traffic routing for the Services, and to customize and improve the Services. By visiting the Website or using the Services you agree to the use of cookies in your browser and HTML-based emails. Cookies are small text files placed on your device when you visit a web site, in order to track use of the site and to improve your user experience

The Services use “session cookies”, which improve your user experience by storing certain information from your current visit on your device, such as log-in information. These enable us to remember your log-in session so you can move easily within the Website or the other Services. Without these session cookies, we wouldn’t be able to provide the Services to you. These session cookies have limited functionalities and expirations, and you will be required to re-enter your Black Swan log-in information after a certain period of time has elapsed to protect you against others accidentally accessing your account contents and related Personal Information. Other examples of our use of session cookies include to track the number of visits by a particular visitor to a page and to store items in an online shopping cart for the Shop

Partners who help us serve advertising on and off the Website and analytics companies may also put cookies on your device. We use several third-party vendors to help deliver ads for relevant Black Swan products and services to you when you visit certain pages on our Website and then visit certain third-party sites. Below is information about one such vendor. Please note that this Privacy Policy covers only our use of cookies and does not include use of cookies by any third parties.

  • Google Analytics

Black Swan uses a specific cookie in order to facilitate the use of Google Universal Analytics for users logged-in to the Applications or the Platforms (“Logged-In User). If you are a Logged-In User, Black Swan may use your Black Swan user ID in combination with Google Universal Analytics and Google Analytics to track and analyze the pages of the Services you visit. We do this only to better understand how you use the Website and the other Services, with a view to offering improvements for all Black Swan users; and to tailor our business and marketing activities accordingly, both generally and specifically to you. Google Analytics cookies do not provide Black Swan with any Personal Information.

Learn more about privacy at Google and to opt-out of this feature by installing the Google Analytics Opt-out Browser Add-on.

Black Swan uses other third-party performance and remarketing cookies, and further information on those third-party cookies can be obtained by contacting us.

Black Swan may also use related technologies including web beacons, bugs, pixels, and software tokens in order to facilitate your use of the Services. Most notably, the Services use software tokens (stored securely on Black Swan-controlled servers) in order to facilitate the logging in to and the functioning of both the Supported Platforms and Third-Party Apps.

Most computer and some mobile web browsers automatically accept cookies but, if you prefer, you can change your browser to prevent that or to notify you each time a cookie is set. The Network Advertising Initiative has also developed a tool that may help you understand which third parties have currently enabled cookies for your browser and opt-out of those cookies. Further information can be found at http://www.networkadvertising.org/managing/opt_out.asp. Please note however that, by blocking or deleting cookies, you may not be able to take full advantage of the Website, Applications or Platforms.

Except as provided in the next paragraphs and elsewhere in this Privacy Policy, Black Swan does not divulge any Personal Information gathered via the Services to third parties.

Notwithstanding anything in the Privacy Policy to the contrary, we may share any information we have collected about you or that you have submitted:

  • when you explicitly consent to the disclosure of such information to a third party when connecting to a third-party service that asks you if you consent to such sharing;
  • where we are legally required to do so, such as in response to court orders or legal process, or to establish, protect, or exercise our legal rights or to defend against legal claims or demands;
  • if we believe it is necessary in order to investigate, prevent, or take action regarding illegal activities, fraud, or situations involving potential threats to the rights, property, or personal safety of any person;
  • if we believe it is necessary to investigate, prevent, or take action regarding situations that involve abuse of the Services infrastructure or the Internet in general (such as voluminous spamming, denial of service attacks, or attempts to compromise the security of the Website infrastructure or the Services generally);
  • to a parent company, subsidiaries, joint ventures, or other companies under common control with Black Swan;
  • if we are acquired by or merged with another entity (in which case we will require such entity to assume our obligations under this Privacy Policy or inform you that you are covered by a new privacy policy); and
  • if this information is not private, is aggregated or is otherwise non-personal information, such as your public user profile information and related public data (such as Tweets, likes, etc.) or the number of users who clicked on a particular link (even if only one did so).

Subject to obligations consistent with this Privacy Policy, we may also disclose information to our affiliates, agents, contractors, and service providers in order to facilitate the functioning of the Services or to perform tasks that are integral to the Services, such as processing transactions, fulfilling requests for information, or providing support services or other tasks, from time to time. Information may also be transferred from Black Swan to the third parties in control of the Supported Platforms, but only to the extent required in order for the Services to function properly.

We use industry best practices to keep any information collected and/or transmitted to the Supported Platforms or Third-Party Apps secure. This includes the use of HTTPS with TLS (Transport Layer Security), which encrypts all transmitted data, and OAuth 2.0 protocols for authentication and data transfer to Supported Platforms and Third-Party Apps.

Certain Personal Information, most notably Black Swan log-in details, is encrypted during transmission using TLS. Once validated within our system, passwords are deleted from our system.

You should bear in mind that submission of information over the Internet is never entirely secure. We cannot guarantee the security of information you submit via the Services whilst it is in transit over the Internet and any such submission is at your own risk, and this risk is specifically disclaimed in our Terms.

If you are a Logged-in User, it is advisable that you log out of your account at the end of every session and not leave a logged-in account unattended for any period of time, particularly if you use a shared computer or device.

You can contact us to obtain a copy of the Personal Information held about you by us. This may be subject to a fee not exceeding any prescribed fee permitted by applicable law. You can also ask us to correct and, where relevant, erase that information. Please note that certain Personal Information may need to be retained by Black Swan for a period of time following cancellation of your account where this is necessary for our legitimate business purposes or required or authorized by applicable law. As mentioned above you have a right to change your email preferences at any time.

You should be aware that Black Swan acts as a conduit between our users and the various Supported Platforms and Third-Party Apps. In several instances, the content published via Black Swan will not be in Black Swan’s custody or control, and any content that has been shared by you through any Supported Platform or Third-Party Apps via the Services may continue to be available to third parties and the public at large, as this content is now under the control of the operators of the Supported Platforms and/or the Third-Party Apps

If you have any questions about this Privacy Policy, please contact us:

or:

Legal Services
Black Swan Data Ltd
4th Floor, Tower Building
11 York Road
London
SE1 7NX
© Black Swan Data 2016