Privacy Statement:

PRIVACY POLICY TigerSwan Inc. (“TigerSwan”) is committed to maintaining your privacy. This privacy policy and agreement (our “Privacy Policy”) specifies the personal information that we ask you to provide in order to use the TigerSwan / GuardianAngel Platform effectively, and governs how we treat this personal information.

 

PLEASE READ THIS PRIVACY POLICY CAREFULLY. YOUR CONSENT TO THE TERMS OF THIS PRIVACY POLICY CREATES LEGAL OBLIGATIONS FOR YOU AND FOR US. PLEASE READ SECTION 2 (YOUR CONSENT) TO LEARN WHAT CONSTITUTES “CONSENT” UNDER THIS PRIVACY POLICY. IF YOU DO NOT AGREE WITH THE TERMS OF THIS PRIVACY POLICY, PLEASE REFRAIN FROM USING THE TIGERSWAN / GUARDIANANGEL PLATFORM.

 

Who We Are and What We Do. TigerSwan has created its TigerSwan / GuardianAngel™ software application and personal safety information website (collectively, the “TigerSwan / GuardianAngel Platform” or the “Platform”) to provide an online, real-time, situational awareness platform for coordinating and communicating information for (an “Emergency or to provide peace of mind to our clients).

 

Your Consent. Please read this Privacy Policy carefully; once you consent to this Policy’s terms, it creates legal obligations on you and on TigerSwan. By accepting this Policy, you are consenting to the terms of this Privacy Policy in different ways. The procedures for consenting to this Policy are (a) less formal if you are simply a casual Site Visitor.

 

Consent by Site Visitor. By accessing and using our Site as a Site Visitor, you are acknowledging that you have read and understood this Privacy Policy and agree to be legally bound by it. The terms of this Policy are legally binding and you will not be allowed access to our site or our TigerSwan / GuardianAngel™ Platform without the acceptance of the terms set forth herein.

 

Consent by TigerSwan / GuardianAngel™ Users. If you register as a user of the TigerSwan / GuardianAngel™ Platform, you will be prompted to click an “I Accept” button linked to this Policy during the registration process. Clicking “I Accept” confirms your agreement to be bound by this Privacy Policy.

 

Eligibility. We do not intentionally collect Personally Identifiable Information from children under the age of 18 (“Minors”) without parental or legal guardian consent. By registering to use the TigerSwan / GuardianAngel™ Platform and consenting to this Privacy Policy, you represent that (i) you are at least 18 years of age, and (ii) you are either consenting for yourself or on behalf of your child or a child in your legal care. If you are a parent or guardian consenting to this Privacy Policy for the benefit of your child, please review Section 5.4 (Emergency Contact Information and Minors) closely, as it relates to use of the Platform by Minors.

 

Our Services Rely In Part On Information from You. Information you will be required to relay may include but not be limited to (i) Personally Identifiable Information, and (ii) Anonymous Information. We use the term “Personally Identifiable Information” to mean any information that could reasonably be used to identify you, including your name, address, e-­‐mail address, birth date, financial information, photograph, telephone number or any combination of information that could be used to identify you. “Anonymous Information” is information that does not identify you, and may include statistical information concerning, for example, your use of our Platform, the pages on our Site that you visited, or your proximity to an Emergency.

 

Registration Information; User Names. In order to obtain full and effective use and benefits from the TigerSwan / GuardianAngel™ Platform, we require that you provide complete registration information. Our registration form will specify the information that you must provide for use of the TigerSwan / GuardianAngel™ Platform, including (i) name, (ii) address, (iii) phone number, (iv) email address, (v) birth date, (vi) , and other information that may be used to identify you (“Registration Information”). To the extent this additional information constitutes Personally Identifiable Information, we will make every industry reasonably standard attempt to treat it as Personally Identifiable Information in the manner specified in this Privacy Policy.

 

Completing Your Registration as an TigerSwan / GuardianAngel User; User Passwords. The registration process provides TigerSwan / GuardianAngel Users with a user name and password, which allows them to gain access to the password protected areas of Website and the TigerSwan / GuardianAngel Platform.

 

Protecting Your Password. Please keep in mind that we will make the necessary attempts within reasonable industry standards to treat anyone who uses your user name and password as “you.” Therefore, we recommend that you maintain your user name and password in confidence, and that you refrain from disclosing this information to anyone who might “pretend” to be you with respect to the TigerSwan / GuardianAngel™ Platform. We also ask that you notify us immediately if you suspect that someone is using your user name and/or password in this or any inappropriate manner.

 

TigerSwan / GuardianAngel Users Provide, Emergency Contact Information, Geolocation Information, and baseline Information. To register as a TigerSwan / GuardianAngel™ User and be able to fully participate in the TigerSwan / GuardianAngel™ Platform, you first need to provide Registration Information, and complete the steps required to be an TigerSwan / GuardianAngel™ User, including enabling GPS/location services for the TigerSwan / GuardianAngel™ App on your mobile device.

 

Emergency Contact Information. We collect information from you related to individual(s) you want to receive notifications about your status in the event of an Emergency (“Emergency Contact Information”). Emergency Contact Information includes (i) name, (ii) mobile phone number, (iii) email address, and (iv) relationship to the TigerSwan / GuardianAngel User for each person you want to receive notifications. Your provision of Emergency Contact Information is optional and you may update or change your Emergency Contact Information at any time. By providing Emergency Contact Information, you represent and warrant that you have the permission of each individual you designate as an Emergency Contact to provide their contact information. We will only use the Emergency Contact Information you provide in the event of an Emergency and for no other purpose. For example, in the event of an Emergency, if you activate the TigerSwan / GuardianAngel App™ or otherwise provide status information via the TigerSwan / GuardianAngel App™, we will notify your Emergency Contacts regarding your location and status (if known).

 

Geolocation Information. In order to provide Incident Information to any applicable, the TigerSwan / GuardianAngel™ App will utilize the GPS feature on your mobile device to determine your location (your “Geolocation Information”). You must enable the GPS/location services for the TigerSwan / GuardianAngel™ App on your mobile device in order for this feature of the TigerSwan / GuardianAngel™ Platform to function effectively in the event of an Emergency We may use your Geolocation Information to determine your proximity to an Emergency in order to provide notifications to you regarding the Emergency. We will only share your Geolocation Information with First Responders and your Emergency Contacts in the event of an Emergency. NOTE: The TigerSwan / GuardianAngel™ App may increase mobile device battery usage when using Geolocation Information in the event of an Emergency, however, our proprietary battery conservation technology, decreases the effect on battery use. How We Use Your Personally Identifiable Information.

 

1. Provision of the TigerSwan / GuardianAngel Platform. We use your Personally Identifiable Information in the operation of our TigerSwan / GuardianAngel™ Platform and to comply with any and all applicable laws. You will not be permitted to utilize the TigerSwan / GuardianAngel™ Platform if you seek to opt-­‐ out of the uses of your Information as explained herein.

2. Email Addresses. Both Site Visitors and TigerSwan / GuardianAngel™ Users may wish to provide us with questions, comments, and feedback concerning the Platform generally. By communicating with us for these purposes, you may provide us with your email address and other Personally Identifiable Information. In these instances, we use any information you provide to us for the purposes for which you submit the information.

 

3. Emergency Contact Information and Minors. Where a parent and or legal guardian has registered a Minor to use the TigerSwan / GuardianAngel Platform, the parent/legal guardian may include him/herself or other family members as Emergency Contact Information for the Minor. The TigerSwan / GuardianAngel Platform will provide a notification to these Emergency Contacts in the event the Minor is involved in an Emergency.

 

4. Push Notifications. In the event of an Emergency, increased threat level, or other incident near your location, we may send a push notification via the TigerSwan / GuardianAngel App™ to you and will use Personally Identifiable Information to send such communications.

 

Informational Notices and Bulletins. Periodically, we may choose to send news, bulletins, or other information to TigerSwan / GuardianAngel™ Users, and will use Personally Identifiable Information to send such communications. If we choose to undertake such communications, you will have the ability to opt out of receiving these communications as provided in Section 7 (Changing or Removing Information; Opting Out).

 

1. TigerSwan Vendors. We may employ other companies to perform functions on our behalf, such as hosting or maintaining the TigerSwan / GuardianAngel™ Platform or the Site, providing services related to the TigerSwan / GuardianAngel™ Platform, collecting information, responding to and sending electronic mail, or other functions necessary to our business. We may need to share your Personally Identifiable Information with these companies (collectively, “Vendors”). We will provide Vendors with only that information necessary to perform their functions, and we will not allow them to use your Personally Identifiable Information for any other purpose.

 

2. Right to Disclose. We may reveal your Personally Identifiable Information to our attorneys or law enforcement agencies if we have reasonable information to believe (a) that you are in risk of harm from another, (b) that you are harming or interfering (or will harm or interfere) with others, or (c) that you are violating (either intentionally or unintentionally) our End User License Agreement or otherwise violating any and all applicable legal rights, laws and or regulations of any kind.

 

3. Legal. TigerSwan will reveal your Personally Identifiable Information, to the extent we reasonably believe we are required to do so by law. If we receive legal process calling for the disclosure of your Personally Identifiable Information we will attempt to notify you via the email address you supplied during registration within a reasonable amount of time before we respond to the request, unless such notification is not permitted.

 

4. Transfer of Company. TigerSwan shall be entitled to transfer to a third party information it collects, including any Personally Identifiable Information, in connection with a sale of all or substantially all of the assets of the business entity responsible for the information under this Policy, provided the acquiring third party has agreed to safeguard your Personally Identifiable Information with protections that in all material respects are the same as or more protective than those set out in this Privacy Policy.

 

5. Deleting Information. Finally, if you request, we will remove your name and all other Personally Identifiable Information from our databases. Please understand, however, that it may be impossible to remove this information completely, due to backups and records of deletions. In addition, please understand that, if you request deletion of your information, you will be unable to utilize associated features of the TigerSwan / GuardianAngel™ Platform. You may not remove de-­‐identified, anonymous, or aggregate data from our databases.

 

6. Anonymous, Aggregate Information. We use Anonymous Information to analyze the effectiveness of the TigerSwan / GuardianAngel™ Platform, to improve the Platform, and for other similar purposes. In addition, from time to time, we may undertake or commission statistical and other summary analyses of the general behavior and characteristics of users of the Platform and the characteristics of visitors at our Site, and may share Anonymous Information with third parties. Rest assured, though, that Anonymous Information provided to third parties will not allow anyone to identify you, or determine anything personal about you. We may collect Anonymous Information through features of the software that supports our Platform, through cookies, and through other means described below.

7. IP Addresses; Logs. TigerSwan may automatically receive and record information in our server logs from your browser, including your IP address (the Internet address of your computer), your computer’s name, the type and version of your web browser, referrer addresses and other generally-­‐accepted log information. We may also record page views (hit counts) and other general statistical and tracking information, which will be aggregated with that of other users in order to understand how our Website is being used, and for security and monitoring purposes.

8. Cookies. A cookie is a small amount of data, which often includes an anonymous unique identifier, which is sent to your browser from a website’s computers and stored on your computer’s hard drive. Cookies can be used to provide you with a tailored user experience and to make it easier for you to use a website upon a future visit. We may include cookies on our Website and use them to recognize you when you return to our Website. You may set your browser so that it does not accept cookies. Cookies must be enabled on your web browser, however, if you wish to access certain personalized features of our Services.

9. Click-Through. We may send email messages, which use a “click-­‐through URL” linked to content on our Website. When you click one of these URLs, you pass through our web server before arriving at the destination web page. We track this click-­‐through data to help determine interest in particular topics and measure the effectiveness of our customer communications. If you prefer not to be tracked simply do not click text or graphic links in the email, or notify us in accordance with Section 7 (Changing or Removing Information; Opting Out).

10. Computer Configuration. In order to determine whether your computer or mobile device is supported by our system, we may collect certain Anonymous Information. This information includes, but may not be limited to, your operating system and browser, as well as the presence of any software that our Platform may require to operate with your computer/mobile device or other third party software on your computer/mobile device. This information is kept strictly confidential and is not shared with third parties, except as provided for in this Privacy Policy.

11. Security. We have put in place security systems designed to prevent unauthorized access to or disclosure of Personally Identifiable Information you provide to us, and we take all reasonable steps to secure and safeguard this Information. Our Platform’s password-­‐protected areas require users to give us unique identifiers such as their user name and password. TigerSwan employees are required to acknowledge that they understand and will abide by our policies with respect to the confidentiality of Personally Identifiable Information. Additionally, we ensure that TigerSwan’s Vendors’ security policies are at least as protective of your information as our policy. Moreover, we provide access to our databases containing Personally Identifiable Information on a need-­‐to-­‐know basis only.
Our security systems are therefore structured to deter and prevent hackers and others from accessing information you provide to us. We also use software programs to monitor network traffic to identify unauthorized attempts to upload or change information, or otherwise cause damage. Please understand, though, that this information should not be construed in any way as giving business, legal, or other advice, or warranting as fail proof, the security of information provided by or submitted to TigerSwan. Due to the nature of Internet communications and evolving technologies, we cannot provide, and disclaim, assurance that the information you provide us will remain free from loss, misuse, or alteration by third parties who, despite our efforts, obtain unauthorized access.

12. Notice of Security Incident. If we detect, despite the safeguards set out above, an intrusion or other unauthorized access to or use of Personally Identifiable Information (an “Intrusion”), we will (i) notify affected users of the Intrusion if the information at issue is sensitive, in our discretion, (ii) deliver this notice by the means we deem most efficient under the circumstances (such as, for example, first class mail or email); (iii) use contact information for each effected user that is current in our files; and (iv) use commercially reasonable efforts to accomplish these steps and effect this notice in a timely manner. To the extent applicable law requires steps in addition to those specified above, we will under all circumstances comply with applicable law.

13. Participation by Children and Teens; Advisory. Due to federal law (as reflected in the Children’s Online Privacy Protection Act), WE DO NOT ALLOW INDIVIDUALS WHO WE KNOW ARE UNDER 13 TO PARTICIPATE IN OUR PLATFORM WIHTOUT PARENTAL CONSENT. YOU MUST BE AT LEAST 13 YEARS OLD TO USE OUR PLATFORM. IF YOU ARE BETWEEN 13 AND THE APPLICABLE AGE OF MAJORITY, PLEASE REVIEW THIS AGREEMENT WITH YOUR PARENT OR GUARDIAN. Please understand that we cannot necessarily tell if a user is providing us with his or her true age and we will not be held liable for such misinformation.

14. Notification of Changes. From time to time, TigerSwan may change its Privacy Policy. If we make any changes regarding disclosure of Personally Identifiable Information to third parties, we will attempt to contact you prior to the date the modified policy is scheduled to take effect. We will post notice of the new Policy from the privacy link on our Website. With respect to Site Visitors, your use of our Site following any such change constitutes your agreement to follow and be bound by the Privacy Policy, as changed. With respect to TigerSwan / GuardianAngel Users, no such changes will take effect unless and until you have provided us with your consent to such changes, in accordance with the terms set forth herein.

15. Relationship to End User Agreement and Other Contracts. This Privacy Policy must be read in conjunction with our End User Subscription Agreement (“End User Agreement”), the Indemnity Release, and the provisions of our End User Agreement are incorporated herein. To the extent the End User Agreement conflicts with the terms of this Privacy Policy, the terms of this Privacy Policy will control.

16. Further Resources. If you wish further information concerning privacy policies in general, you should visit the following sites:

http://www.ftc.gov/privacy/index.html

17. Definitions

16.1 TigerSwan / GuardianAngel™ Administrator. The term “TigerSwan / GuardianAngel™ Administrator” means either (i) the administrator designated by an Institution to coordinate use of the TigerSwan / GuardianAngel™ Platform within the Institution Community, or (ii) the First Responder fielding a report of an Emergency from an TigerSwan / GuardianAngel™ User.

17.2 TigerSwan / GuardianAngel™ Platform. The term “TigerSwan / GuardianAngel™ Platform” means the TigerSwan / GuardianAngel™ software provided via mobile application and also accessible via the TigerSwan / GuardianAngel™ Website.

By Clicking the ACCEPT button you agree to and are bound to the following terms:

 

TigerSwan GuardianAngel Indemnity for Mobil Application

By using our Application, you are agreeing to comply with and be bound by the following terms of use. Please review the following terms carefully. If you do not agree to these terms, you should not review information or obtain goods or products from this Application.

1. Acceptance of Agreement.

You agree to the terms and conditions outlined in this Terms of Use Agreement (“Agreement”) with respect to our Application (the “Application”). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Application, the content, products or services provided by or through the Application, and the subject matter of this Agreement. This Agreement may be amended at any time by us, from time to time, without specific notice to you. The latest Agreement will be posted on the Application and you should review this Agreement prior to using the Application.

2. Intellectual Property; Limited License to Users

The Materials and Services utilized within this Application, as well as their selection and arrangement, are protected by copyright, trademark, patent, and/or other intellectual property laws, and any unauthorized use of the Materials or Services of this Application may violate such laws and the Terms of Use. Except as expressly provided herein, TigerSwan GuardianAngel and its suppliers do not grant any express or implied rights to use in any form of the Materials and Services utilized in the making and or performance of this Application. You agree not to copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Application, its Materials, or its Services or their selection and arrangement, except as expressly authorized herein. In addition, you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Application.

3. Copyright.

The content, organization, graphics, design, audio, animation, video, compilation, magnetic translation, digital conversion and other matters related to the Application are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Application is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Application. The posting of information, if applicable or any other such materials on the Application does not constitute a waiver of any right in such information and materials.

4. Use of Software

The software and accompanying documentation that is made available to download from this Application is the copyrighted and/or patented work of TigerSwan GuardianAngel™ and/or its suppliers. Use of the software is governed by the terms of the license agreement that accompanies or is included with such software. Such terms are available for review and are incorporated herein by this reference. You will not be able to download or install any software that is accompanied by or includes a license agreement unless you agree to the terms of such license agreement. If you do not agree to such terms, you will not be able to use the software. In the absence of a license agreement that accompanies the software, use of the software will be governed by the Terms of Use. You agree that you will not decompile, reverse engineer, or otherwise attempt to discover the source code of the software available on the Application.

5. Limited Right to Use.

The viewing, printing or downloading of any content, graphic, form or document from the Application grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution). TigerSwan GuardianAngel reserves the right to revoke the authorization to view, download, and print the TigerSwan/ GuardianAngel™ Content and User Content available on this Application at any time, and any such use shall be discontinued immediately upon notice from TigerSwan / GuardianAngel™. The rights granted to you constitute a license and not a transfer of title.

6. Editing, Deleting and Modification.

We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Application.

7. Indemnification.

You agree to indemnify, defend and hold us and our partners, attorneys, staff and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Application.

8. Nontransferable.

Your right to use the Application and software is not transferable. Any password or right given to you to obtain information or documents is not transferable.

9. Disclaimer and Limits.

THE INFORMATION FROM OR THROUGH THE APPLICATION ARE PROVIDED “AS-IS,” “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THENEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS APPLICATION AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE APPLICATION SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING THE FORM OR DOCUMENT IS DISCLAIMED. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR APPLICATION. OUR MAXIMUM LIABILITY TO YOU UNDER ALL CIRCUMSTANCES WILL BE EQUAL TO THE PURCHASE PRICE YOU PAY FOR ANY GOODS, SERVICES OR INFORMATION.

10. Use of Information.

We reserve the right, with your authorization, to the use and assignment of all information regarding Application uses by you and all information provided by you in any manner consistent with our Privacy Policy.

11. Privacy Policy.

Our Privacy Policy, as it may change from time to time, is a part of this Agreement and set forth above.

12. Payments.

You represent and warrant that if you are purchasing something from us or from Merchants that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes.

13. Links to other Web Applications.

The Application may contain links to other Web Applications. We are not responsible for the content, accuracy or opinions express in such Web Applications, and such Web Applications are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web Application on our Application does not imply approval or endorsement of the linked Web Application by us. If you decide to leave our Application and access these third-party Applications, you do so at your own risk.

14. Information and Press Releases.

The Application may contain information and press releases about us. While this information was believed to be accurate as of the date prepared, we disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.

Guardianangel@tigerswan.com

COPYRIGHT AND LEGAL NOTICE.

Copyright ©2009 TigerSwan Inc. All Rights Reserved.Type your paragraph here.